MONTGOMERY COUNTY BOARD OF EDUCATION Rockville,

April 12, 2018

MEMORANDUM

To: Members of the Board of Education

From: Patricia R. Swanson, Legislative Aide

Subject: Summary of the 2018 Session of the Maryland General Assembly

When the 2018 regular session of the Maryland General Assembly came to a close at midnight on April 9, 2018, a total of 3,127 bills had been introduced, of which 890 were successful. This is an increase of 247 bills from the 2017 legislative session.

Below is a summarized, bulleted list of wins and challenges this session. A detailed explanation of these and other bills follow: Wins  Passage of legislation which will create a Commission to analyze Montgomery County board member salaries.  Additional flexibility for the end of the school year calendar.  Following the Knott Commission, school systems will have more funding for, and flexibility in, the school construction process.  Based off the Kirwan Commission interim report, additional funding is provided for prekindergarten; schools systems can apply for grants to support early reading initiatives and after school/summer programs; and the Maryland State Department of Education, in consultation with stakeholders, will develop strategies for teacher recruitment.  Additional funding is provided for school meals. Students who qualify for reduced meals will now receive meals for free. Furthermore, additional funding is provided to expand the Maryland Meals for Achievement program.  In November, residents will vote on an “Education Lockbox” amendment to the Maryland Constitution that will limit the use of casino revenues to educational opportunities and programs for the children in public schools in the State.  A comprehensive school safety bill passed that includes additional capital funding for safer schools, an expansion of the Maryland Center on School Safety, the creation of local safety assessment teams, and safety evaluations for each school in Maryland.

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Challenges  A bill that would have provided additional funding for the translation of Individualized Education Programs passed through the House of Delegates, but was voted unfavorably by the Senate Education, Health, and Environmental Affairs committee.  A bill passed that will erode statutory authority to the board of education by circumventing it in the disciplinary process.

Education-related legislation covered the work of two commissions: the 21st Century School Facilities Commission (Knott) and the Innovation and Excellence in Education Commission (Kirwan). Continuing, there were bills relating to school facilities, student safety, food/nutrition and health, curriculum, and others. Below is a brief overview of a select number of bills that passed which will impact the school system. Not all of the successful legislation, nor bills that were unsuccessful, were included.

Operating and Capital Budgets Senate Bill 185, the Budget Bill for Fiscal Year (FY) 2019, as passed by the Maryland General Assembly totaled $43.6 billion. More specifically, total state aid for primary and secondary education will increase by $105 million in FY 2019 to $7.4 billion, a total increase of 1.4 percent compared with FY 2018. State aid through the Bridge to Excellence formulas increases by $50.9 million and the limited English proficiency (LEP) formula increases by $39.4 million. This LEP formula increase is a 15.8 percent increase over FY 2018 and is based on 10,577 more LEP students. Montgomery County’s share of direct aid for primary and secondary education is more than $714 million, a 3.7 percent increase from FY 2018.

Senate Bill 186, the Capital Budget Bill for Fiscal Year 2019, includes $313.9 million for the traditional Public School Construction Program. This is more than the $280 million that was programed for FY 2019 in the 2017 Capital Improvement Program. This includes an Interagency Commission on School Construction recommendation for the use of $11.9 million in contingency funds by Baltimore City for a heating, ventilation, and air conditioning (AC) system project and 12 vertically packaged AC projects. Another part of the $313.9 million was $40 million in mandated supplemental funding for school systems with significant enrollment growth or relocatable classrooms (EGRC). The Maryland General Assembly increased the EGRC from $40 million to $68.2 million, whereby Montgomery County will receive a total of $25.836 million.

There also was additional funding in the operating ($27.1 million) and capital ($13.5 million) budgets for school safety. The additional funding will be further explained in the school safety section below.

Montgomery County Board of Education House Bill 150, introduced by Delegate , establishes the Montgomery County Board of Education Compensation Commission which will consist of five residents of the county appointed by the county executive and confirmed by the county council. The newly established

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compensation commission must study the salaries of the members of the Montgomery County Board of Education and submit a report with recommendations regarding the appropriate compensation for board members to the Montgomery County Delegation to the General Assembly by September 1, 2019, and every four years thereafter. The report must also include recommendations regarding (1) any additional stipend for the president of the board of education and (2) a scholarship amount to be awarded to a student member of the county board who completes a full term. The bill requires the commission to consider several factors in determining its recommendations, including: the scope of responsibilities of a county board member; the education, skills, and abilities necessary to perform the duties of a county board member; the salaries of similar county board members in other jurisdictions; the time required to perform the duties of a county board member; the salaries of subordinate employees under the direct supervision of the county board; the volume and workload of the county board; and any other relevant information.

School Calendar Senate Bill 729, introduced by Senator Nancy King, authorizes a local board of education to extend the school year for up to five days and beyond June 15 without approval from the State Board of Education. The bill was amended into an emergency bill, as such, it is currently in effect. Therefore, school systems can extend their 2017–2018 school years under this bill. This bill was a response to the Governor’s August 31, 2016, Executive Order 01.01.2016.09. The executive order required, with few exceptions, the local boards of education open schools for student attendance no earlier than the Tuesday following the Labor Day holiday and to conclude the school year no later than June 15, beginning in the 2017–2018 school year.

Kirwan, Early Ed, and Casino The Maryland Commission on Innovation and Excellence in Education (Kirwan) requested an additional year in order to fully respond to its charge. In a preliminary report completed in January 2018, the commission submitted its preliminary policy recommendations (59 in total). It also stated its intention to work during the 2018 interim to develop greater specificity for each recommendation in order to “cost out” their fiscal impact, thereby allowing the commission to make recommendations for adequate funding in its final 2018 report. The bill establishes or alters several programs and mandates funding for them beginning in fiscal 2019, including (1) a comprehensive teacher recruitment and outreach program; (2) the Maryland Early Literacy Initiative; (3) the Learning in Extended Academic Programs grant program; (4) the Public School Opportunities Enhancement Program; (5) the Teaching Fellows for Maryland scholarship program; and (6) the Career and Technology Education Innovation grant program. Beginning in fiscal 2020, the Governor must annually appropriate to the Prekindergarten Expansion Fund an amount that is at least equal to all revenues received in prior fiscal year. For more information on the Kirwan commission see the commission’s web page.

Senate Bill 373 requires the Governor to include an appropriation of at least $3 million in the annual State budget for the program. It also renames the Head Start Program to the

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Head Start Program. Supplemental State funding for the Head Start Program has been level funded at $1.8 million since fiscal 2010. Prior to fiscal 2010, the annual appropriation was $3 million. The restoration of these funds will help to reduce the summer learning loss, which is prevalent in lower socioeconomic families, and increase school readiness skills, including social and emotional skills. The Maryland Head Start Association estimates that an additional $1.2 million in supplemental funds will allow programs to provide services to approximately 2,137 additional children or 3,740 additional program hours. The additional funding described in this bill would be divided among all of the Head Start programs in Maryland both Head Start (serving children aged 3–5) and Early Head Start (serving pregnant women and children aged 0–3). Each year in MCPS, there are approximately 1,200 Head Start-eligible students and only 648 can be served in the Head Start program (approximately 70 three-year olds-and 578 four-year-olds). The other Head Start-eligible children are served in the part-day Prekindergarten program. The total cost for all Head Start- eligible 3-year-olds and 4-year-olds in Montgomery County would be approximately $31,125,000.

Senate Bill 1122 introduces a proposed constitutional amendment, if approved by the voters at the next general election, which would require the Governor to provide supplemental State funding for public education through the use of commercial gaming revenues that are dedicated to public education in the State budget beginning in fiscal 2020. Supplemental funding must total $125 million in fiscal 2020, $250 million in fiscal 2021, and $375 million in fiscal 2022. In all subsequent years, 100 percent of the gaming revenues dedicated to public education must be used for supplemental funding. Beginning in fiscal 2020, the Governor must identify in the annual State budget how the supplemental revenue is being used to supplement and not supplant spending on public schools.

Knott and Facilities House Bill 1783 is a product of the 21st Century School Facilities Commission (Knott). It makes comprehensive changes to public school construction funding and approval processes in the State, including (1) altering the name, composition, and role of the Interagency Committee on School Construction; (2) requiring periodic public school facilities assessments; (3) streamlining the State approval process for school construction projects; and (4) providing at least $400 million for public school construction annually as soon as practicable, including $10 million for school safety improvements. The commission’s website contains the final report and all meeting agendas and materials presented to the commission.

Student Safety Senate Bill 1265 makes comprehensive changes designed to improve the safety of the State’s public schools. It enhances the presence of school resource officers (SROs) and/or local law enforcement in or near public schools and requires SROs to complete specialized training. It establishes a School Safety Subcabinet, which also serves as the governing board for the Maryland Center for School Safety (MCSS). The mandated appropriation for MCSS operations is increased from $500,000 to at least $2 million, and the bill establishes a Safe Schools Fund to make grants to local school systems to assist in implementing the bill’s provisions. The attached document provides more details.

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School Meals Two bills passed that will increase access to school meals for more students; both bills were led by Delegate Sheila Hixson and Senator . The first, House Bill 315/Senate Bill 740 makes the State responsible for the student share of the costs of (1) reduced-price breakfasts provided under the federal School Breakfast Program and (2) reduced-price lunches provided under the National School Lunch Program by fiscal 2023, and phases in this responsibility beginning with fiscal 2020. The bill applies to public school students and students in nonprofit nonpublic schools. Currently, there are 78 Maryland Meals for Achievement (MMFA), breakfast in the classroom, schools in Montgomery County Public Schools (MCPS). This is a state-funded breakfast program where reduced-price and full-price reimbursable breakfast meals are funded by the State of Maryland. In an effort to increase breakfast participation among the reduced-price eligible student population in the remaining 127 non-MMFA schools, students receive breakfast at no cost. The 30-cent cost for the reduced-price breakfast has been funded by the Department of Food and Nutrition Services (DFNS). Presently, reduced-price eligible students pay 40 cents for a reimbursable lunch. In the event the 40-cent charge is removed, MCPS anticipates that an additional 570 reduced-price eligible students might participate in lunch daily. Additionally, the DFNS fund would not have to cover the breakfast cost for reduced-price eligible students, saving MCPS approximately $45,830.

The second, Senate Bill 818, allows a school that for one year falls below the 40 percent free and reduced-price meal student population eligibility threshold for the MMFA program to be eligible for MMFA funding in that year. The bill clarifies, for purposes of MMFA, “secondary schools” includes middle schools and high schools. Also, the Governor must appropriate an additional $750,000 for expansion of the program across the state. Currently, there are two MCPS schools participating in MMFA this school year that have dropped below the 40 percent eligibility criteria and will not be eligible to participate in the 2018–2019 school year. This may result in a 607 percent decrease in breakfast participation in these two schools combined.

Curriculum House Bill 281, introduced by Delegate Aruna Miller, requires, beginning in the 2021–2022 school year, each public high school to offer at least one high-quality computer science course. The bill establishes the Maryland Center for Computing Education to, among other things, provide computer science-related professional development and administer a grant program. The bill also establishes a special fund to support the activities of the center; the Governor must appropriate at least $1 million in fiscal 2020 and 2021 for the fund.

House Bill 251/Senate Bill 402, introduced by Delegate Ariana Kelly and Senator Craig Zucker, requires, beginning in the 2018–2019 school year, a local board of education to provide age- appropriate instruction on the meaning of “consent” and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade in which the curriculum is taught in public schools. “Consent” is defined as the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect

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for personal boundaries. This bill passed after failing to being voted on prior to Sine Die in the 2017 legislative session.

Teachers Senate Bill 562, introduced by Senator Craig Zucker, authorizes the principal of a public school to select any employee to administer an assessment. However, before the assessment is administered, the local superintendent must review and approve the principal’s selection. This was an amendment successfully requested by the Board.

House Bill 811 requires public school employers to provide an exclusive representative with access to “new employee processing,” which is when new employees are advised of specified employment-related matters. The details of this access must be negotiated as specified. Within 30 days of a new employee’s hire and as specified in the bill, a public school employer must provide the exclusive representative with specified employee information about each new public school employee, including name, position classification, and personal cell phone number. Furthermore, this information must be provided about each employee in the bargaining unit every 120 days. The Board opposed this legislation because of concerns over potential violations of privacy of employees.

Senate Bill 639 was another bill that the Board opposed. This bill alters the procedures for suspending or dismissing a teacher, principal, supervisor, assistant superintendent, or other professional assistant by authorizing such an individual to request a hearing before an arbitrator instead of the local board of education; the arbitrator’s decision is final.

Child Abuse and Neglect House Bill 1072 was supported by the Board. This bill requires a local board of education to require each employee to receive instruction with specified elements annually on the prevention, identification, and reporting of child sexual abuse. In addition, each local board of education must (1) establish and implement policies that support the prevention of child sexual abuse through ongoing training of staff that include specified elements, and (2) develop employee codes of conduct that address appropriate contact between staff and students. By December 1, 2018, the Interagency Committee on School Construction and the State Council on Child Abuse and Neglect must jointly develop guidelines and best practices for the assessment and modification of physical facilities and spaces to reduce opportunities for child sexual abuse. Beginning in the 2019–2020 school year, each local board must develop policies and procedures on the use and modification of physical facilities and spaces to reduce opportunities for child sexual abuse.

Another bill the Board supported was House Bill 1386 which encourages each public school in the State to post the appropriate telephone number for reporting suspected child abuse or neglect conspicuously in a high-traffic, widely used area. The bill also requires each local school board to ensure that the appropriate telephone number for reporting suspected child abuse or neglect is published in each public school’s student handbook and on the website of the local board or local school system.

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