BOARD OF EDUCATION OF HARFORDCOUNTY

LEGISLATIVE UPDATE

March 9, 2009

Background Information

The Maryland General Assembly meets in Annapolis each year for 90 days to act on legislative measures including the State’s annual budget. The 426th Session began January 14, 2009 and adjourns April 13, 2009. To date 2,504 legislative measures have been introduced in the Maryland General Assembly. Of those approximately 376represent the operational and instructional side of issues facing our public schools and employees.

Discussion

The following bills are presented for the Board of Education’s consideration. The first section contains bills on which the Board is requested to take a formal position. The second section contains bills for your information. A Board position is not being requested at this time. The third section contains bills addressed by the Board’s Legislative Platform That being so, no voted is needed and we will advocate for the Board’s interests consistent with the 2009 Legislative Program. The fourth section is a local board bill which does not require a vote at this time, but is submitted as an update.

Section 1: BOE Vote Requested

Bill / Title / Synopsis / Recommended Position
SB 235 / Education - MDK12 Digital Library
Introduced by Senators King, Astle, DeGrange, Garagiola, Klausmeier, Lenett, Robey, and Rosapepe
This bill codifies the MDK12 Digital Library, a digital content purchasing consortium within the Maryland State Department of Education (MSDE), as well as the steering committee for the digital library. The steering committee consists of one representative from each local school system, one representative from MSDE, and one representative from a private nonprofit school selected to represent the private nonprofit schools in the State. MSDE must employ one full-time position to coordinate the program. By October 1 of each year, the steering committee must submit a report on the financialstatus and operations of the MDK12 Digital Library to MSDE. / SUPPORT
School libraries have been negotiating as single entities and paying premium prices for digital content until the successful formation of the grant-funded MDK12 Digital Library project. The MDK12 Digital Library, a statewide collaboration provides statewide access to 10 online information databases that support the Maryland Voluntary Curriculum. The bill would also support a proposed collaboration with public and academic libraries to increase access to digital content statewide for all citizens.
Savings for local school systems realized through the MDK12 Digital Library continue beyond September 2009have grown steadily from $46,000 in fiscal 2005 to an estimated $250,000 in fiscal 2008.
SB 699 / Education - Immunizations - Children Entering Seventh Grade or Higher
Introduced by Senator Klausmeier
This bill requires the Department of Health and Mental Hygiene’s regulations regarding immunizations to include the requirement that the parent or legal guardian of a child born on or after January 1, 1990, entering the seventh grade or the equivalent in this State or transferring into a school in this State at the seventh grade or higher level on or after September 1, 2009, to have a booster immunizations containing diphtheria and tetanus toxoids and an acellular petrussis vaccine administered to the child. / OPPOSED
This requirement would have a major impact on families of rising 6th graders given the short compliance timeframe from July 1, 2009, to September 1, 2009, to have children immunized. This is a relatively new and voluntary booster vaccine and it is unclear how many of the current Grade 6 students would be impacted. This bill would have a major impact on School Health Services personnel, HCPS principals, pupil personnel workers, and other school system staff who would be required to communicate the requirement to families and the community, review student records, and monitor compliance by September 1, 2009. The bill also could have significant impact on the Department of Health and Human Services in acquiring vaccine and immunizing large numbers of students. This could result in large numbers of absences for students unable to start school on time due to lack of compliance.

Section 2: BOE Vote Not Recommended at the Time

Bill / Title / Synopsis / No Position
SB 689 / Education - Study Group on Expanding Enrollment Options for High School Students
Introduced Senator Rosapepe
Establishes a Study Group on Expanding Enrollment Options for High School Students to look at everything from short-term strategies for reconfiguring high school programs to nontraditional students, including fiscal considerations to the lack of uniformity among Maryland colleges in acceptable minimum AP scores for college credit to the role of GED programs as alternative graduation routes to revisions in high school graduation requirements and reexamination of the high school senior year.
Hearing Scheduled for 3/17 in the Senate Education, Health and Environmental Affairs Committee / Quite a tall order for any Study Group, particularly one that would be expected to report its findings by December 1st of this year, under the language of the bill. This bill came very close to being enacted last year. It passed the Senate 47-0 and received a Favorable report from the House Ways and Means Committee, only to have time to run out before being passed by the House.
HB 494
SB 805 / State Emblems - Literacy Symbol - Book "E" Lookee
Delegates Cane, Benson, Conway, Elmore, Haddaway, Mathias, Rudolph, Sophocleus, and Sossi
This bill designates Book “E” Lookee as the State literacy symbol.
The Senate Bill is scheduled for a hearing on March 5 in the Senate Education, Health and Environmental Affairs Committee / Book “E” Lookee was created by Dr. Judylynn Mitchell, a WicomicoCounty educator, as part of the local cable television show “Land of Books.” Theprogram was aimed at helping young children develop a lifelong love of reading.Dr. Mitchell hosted the program along with her “cushion-shaped buddy” Book “E”Lookee.

Section 3: BOE Vote Not Needed – Established Position in 2009 Legislative Program

Bill / Title / Synopsis / Position to be Taken
SB 340 / Education - High School Diploma - GED Options Program
Introduced by Senators Pugh, Conway, Garagiola, Gladden, Harrington, Kelley, Lenett, McFadden, and Muse
This bill requires the State Board to establish a GED Options Program which is a preparatory program for at least 15 hours per week and training in workforce development skills for any student between the ages of 16-18 determined to be high risk for dropping out of high school.
Hearing Scheduled for 3/17 in the Senate Education, Health and Environmental Affairs Committee / OPPOSE
This bill requires mandatory enrollment of such students in this new program. No additional funding is provided beyond counting them in the usual student enrollment county, even though the program may necessitate additional pupil personnel workers and other staff to be successful. Moreover, enforcement of attendance for students in this age range-16-18-could prove to be problematic.
There is no question that this is a well-intentioned bill, but is, in fact an unfunded mandate.
HB 694 / Education - Special Education Services - Children in a Home School Setting
Introduced by Delegate Lafferty
This bill requires that a child with a disability who is being home schooled be given the same consideration as a child in private school for the purpose of passing through federal special education funds under the Individuals with Disabilities Act.
Hearing Scheduled for 3/4 in the House Ways and Means Committee / OPPOSE
This legislation goes beyond any requirement now imposed by Federal law, as the State’s A.G. advised in two different opinions. Furthermore, the bill does not include any requirement that home schooled students be approved by a county’s home schooling office. The monitoring of instruction and the scheduling of IEPs and evaluations may very well be more challenging in a home school setting than in a private school. This bill expands school system responsibilities for the education of home schooled children without providing any additional State or local education aid to fund the extraordinary costs associated with providing special education services. This may not mean that school systems may not agree to provide service to homeschooled children in their jurisdictions, but it should remain at the discretion of the local school system.
This is an unfunded mandate which provides for minimal school system oversight of homeschooled children and prohibits the imposition of additional requirements.
SB 754
HB 934 / Vehicle Laws - School Buses - Prohibition on Permitting Sitting on Floor or Standing
Introduced by Senators Pipkin, Jacobs, and Stone and Delegate Smigiel, respectively
The bill prohibits a person who is responsible for pupils on a school bus from permitting any pupil to stand or sit on the floor while the bus is in motion.
The Senate bill is scheduled to be heard on 3/3 in the Senate Judicial Proceedings Committee.
The House bill is scheduled to be heard on 3/3 in the House Environmental Matters Committee / OPPOSED
The language in this bill focuses on that which is contrary to Harford County Public School's transportation practices and procedures. If you cross reference C.O.M.A.R. 13 Routing and Operating Procedures, E. it says, “School vehicles shall be routed so that all students are seated and loads do not exceed the manufacturer's rated capacity. If an emergency situation creates an overload, this condition shall be corrected within a reasonable time.” This situation is addressed in this simple description. This is the standard practice that we exercise and in fact, we target considerably fewer pupils per bus, depending on their grade level (elementary versus middle and high school). When an overcrowded situation is brought to our attention, it is treated as a priority, corrected immediately or until that time, the bus will do a double run.
The wording of the first aid certification segment (H) is ambiguous. We in Harford County, (not all counties have this requirement)...teach and certify our drivers and attendants in standard first aid and CPR...as part of their pre-service training. When protocols change, updated classes are provided, however, recertification is not required. Any driver who wishes, may attend a recertification class...but it is only required initially.
Student Transportation
SB 480
HB 1148 / Operating Budget - Elimination of Inflation Adjustments
Introduced by Senator Pipkin and Delegate Schuh, respectively
The bill would repeal the provision of the Bridge to Excellence in Public Schools Act that provides for an annual adjustment of the per pupil foundation amount (now $6,694).
The Senate Bill does not have a hearing scheduled. The House Bill has a hearing on 3/3 in the House Appropriations Committee / OPPOSE
The provision was suspended for FY 2009 and FY 2010, but under current law would resume in FY 2011. Repeal of the inflation adjustment would be a major blow to the commitments undertaken by the Bridge to Excellence (BTE) Act. The BTE foundation aid is based on the commitment of the state to adequacy and splitting the cost of adequacy equally between state and local governments. This provision either would abandon the goal of adequacy or force local governments to shoulder this burden alone. Moreover, this bill does not repeal any of the state requirements for academic success embodied in the BTE law.
Funding Adequate Public School Education
HJR 3 / Secondary Schools - Cardiopulmonary Resuscitation Instruction
Introduced by Delegates Kelly, Dumais, Kramer, Myers, Riley, and Smigiel
This bill urges each county board of education and the Baltimore City Board of School Commissioners to make available American Red Cross Cardiopulmonary Resuscitation (CPR) instruction, the American Heart Association's Heart Saver CPR curriculum, or an equivalent program to high school students in the county or Baltimore City.
No hearing has been scheduled. / OPPOSED
Significantly, unlike a bill, a resolution has no binding effect if enacted; it simply is an expression of purpose on the part of the General Assembly.
However since the resolution addresses curriculum the Harford County Board of Education would oppose an attempt to circumvent local decision making authority in developing curriculum.

Section 4: UPDATE on LOCAL BOARD BILL

On February 13 Delegate Riley introduced HB 987 titled Harford County Board of Education - Student Member - Voting Rightswhich would grant the student member of the Harford County Board of Education the same rights and privileges as an appointed member. Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend a closed session addressing a matter on which a student member is prohibited from voting such as:

Geographical attendance areas;

Acquisition and disposition of real property and matters pertaining to school construction;

Employment of architects;

Donations;

Condemnation;

Consolidation of schools and transportation of students;

Appointment and salary of a county superintendent;

Employee discipline and other appeals;

Budgetary matters;

Appointment and promotion of staff;

Discipline of certificated staff;

Collective bargaining for certificated staff;

Collective bargaining for non-certificated employees; and

Student suspension and expulsion.

The Harford County Board of Education established a “Student Member Voting Rights Committee” which met for the first time on Saturday, February 28. After a lengthy discussion among the members of the committee made up of Mrs. Krchnavy, Mr. Roger Plunkett, Lance Ledebur (student advisor) various school principals and students it was decided to ask Delegate Riley for the legislation to be withdrawn and work together to draft a recommendation to the Superintendent regarding legislation for next year.

Superintendent’s Recommendation:

The Interim Superintendent recommends that the Board of Education of Harford County adopt the Legislative Update as presented.

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