Able Act
The Senate passed SSB 355 which would establish the Maryland Able program to help people with disabilities save for disability-related expenses. Governor Hogan generously included $745,000 in a supplemental budget to start-up and implement the ABLE program. Please take time to contact the Governor and thank him!
Translations of Individualized Education Programs
SB421 sponsored by Senator Rameriez would give the parents of a child with a
completed individualized education program (IEP) or a completed individualized family service plan (IFSP) the right to request that the document be translated into the parents' native language if that language is spoken by more than 1 percent of the student population in the local school system. The bill passed the Senate with two amendments that:
(1) Require the Maryland Department of Education to report whether there are economies of scale that can be utilized to lessen the financial impact of this Act; and (2) how the needs of students whose parents speak a native language that is spoken by less than 1% of the student population in the local school system are served.
The Arc Maryland Position: Support
DDA Budget Decisions
On March 10, the Senate Budget &Taxation Committee adopted the FY 2017 DDA budget with no cuts in our priority issues. One small cut ($214,000) was made to the Department's Supports Intensity Scale contract to be transferred to the PACT Helping Children program.
Budget language was adopted:
- New Placements within the Community Services Program - report due August 1, 2016.
- Weather-related Closures: The Department shall determine all cost savings realized due to nonpayment to providers for weather-related closures and implement a distribution methodology to distribute these funds to (a) providers that experienced loss of revenue due to weather-related closures; and (b) residential service providers for weather-related costs including staff overtime, resident relocation, or other costs necessary to ensure health and safety. Report due within 30 days after the end of FY 2016 and FY 2017. For the full-text contact cmarchand@thearcmd.org.
The budget will move to the Senate Floor late next week. Next up: Budget in House Health & Human Resources Subcommittee on March 15 for decision meeting. Full Appropriations Committee meeting on budget is March 18 to make decisions.
Bills Heard This Week
SB 765-Senator Raskin- CINA, Guardianship, Adoption, Custody, and Visitation - Blindness of Parent, Guardian, Custodian, or Party.
This bill with proposed amendments would ensure that child custody determinations involving parents with all types of disabilities are handled in a fair and even-handed manner, based on actual evidence and not presumed limitations based on a status of having a disability. On Tuesday, two panels of disability advocates including Virginia Marcus, Poetri Deal, Mat Rice, Katie Collins, and Mike Bullis testified before the Judicial Proceedings Committee and faced tough questions. NFB's panel presented video footage of their president Mark Riccobono interacting with his kids. See link below
Living Life As A Blind Parent https://m.youtube.com/watch?v=aJ0o1UhctEw
The Arc Maryland Position: Support
HB1505- Governor's Office for Children - Family Navigators Program
Delegate Stein introduced legislation (HB1501)
A bill that would establish the Family Navigators program that supports parents and caregivers of children with mental or behavioral health needs or developmental disabilities in addressing those needs and obtaining services by creating a mandated annual appropriation was heard before the House Appropriations Committee. While the bill was supported by the Statewide Family Network, National Alliance of Mental Illness (Baltimore), Heroin Action Coalition, Project Hope, and some parents and participants, the bill was opposed by the Governor's Office for Children as well as the Local Management Boards.
The opposition stated that the Family Navigation Program is already in place through the Local Management Boards. The LMBs testified that the existing Family Navigator Programs can stay in place as they are and that locals still have control (which they testified they always have). Additionally, the Governor's Office for Children said that they do not administer programs and the bill puts their office in charge of the Family Navigator Program. The Department of Human Resources stated in a letter of concern, "the bill's intent and scope is confusing, and would limit the LBM boards' authority and discretion.
The Arc Maryland: Monitor
SB960/HB788- Parental Consent for Individualized Education Program
In what has become a heated debate over the last several sessions, parents of students with IEP's and advocates testified before the Education Health, and Environmental Affairs and the Ways and Means Committee on a bill which would require school systems to get written parental consent when an IEP team proposes one of the following changes in a student's IEP: 1) moving a student from the diploma to certificate track, 2) including restraint or seclusion in the IEP, 3) reducing or terminating services, or 4) initiating a change in placement. If a parent refuses to consent, in writing, the school system can choose to mediate and/or file for a due process hearing. Several panels of parents and disability advocates shared their stories and frustrations with the current school system, all of which were in opposition of this critical legislation. The Arc Maryland testified in support.
The Arc Maryland Position: Support
HB1204 Delegate Vogt - Education - PARCC Testing - Exemption for Children With Disabilities (Ben's Rule)
A bill that would exempt a child with a disability from taking a Partnership for Assessment of Readiness for College and Careers (PARCC) assessment or its equivalent in a public school was heard before the Ways and Means Committee. The Arc Maryland, The Maryland Developmental Disabilities Council, and the Maryland Disability Law Center submitted joint testimony in strong opposition. "The presumption that all students, including students with disabilities, take state and district-wide assessments promotes the same high expectations for all students, "The sponsor, Delegate Vogt faced tough questions surrounding the fiscal note which stated the bill's requirements would put jeopardize $203.4 million in federal IDEA Part B revenues and $204 million in federal ESEA Title I revenues.
The Arc Maryland Position: Oppose
HB1499 Delegate Cullison Developmental Disabilities Administration - Crisis Resolution Funding
A panel of individuals and families gave emotional testimony before the Health and Government Affairs Committee on Friday, March 11. Testimony from families spoke to the supports and needs from a lifespan perspective. This bill requires that,beginning in fiscal 2018, the Governor's proposed DDA budget include a general fund appropriation of at least $3.5 million more than the legislative appropriation in the prior fiscal year. The new funds are required to be used to provide ongoing services to individuals in the crisis resolution category of the waiting list for developmental disabilities services. Cristine Marchand, The Arc Maryland Executive Director: 'Although the General Assembly has implemented initiatives to curtail the waiting list, there is still a need for funding to help the other 8,000 individuals on the waiting list.'
The Arc Maryland Position: Support
HB781- Education - Assessments - Reporting of Aggregate Results
Delegate Wilson, sponsor of bill that prohibits the State Department of Education from including the scores of students with disabilities or English language learners when calculating or reporting any aggregate results of the assessment aligned with the Maryland College and Career Ready Standards,was heard before the Ways and Means Committee. The Arc Maryland, The Maryland Developmental Disabilities Council, and the Maryland Disability Law Center submitted joint testimony in opposition of this bill. "Not including the scores of students with disabilities in reporting requirements for statewide assessments undercuts the accountability of school systems to the students they serve."
The Arc Maryland Position: Oppose
SB644/HB715 Senator King -EARLY IDENTIFICATION OF AUTISM ACT
The Senate Finance Committee heard testimony that would require health care practitioners, when providing a well-child examination at the ages of 18 months and 24 months, to administer a specified screening tool for autism. Parents of children with autism testified in support. However, the Board of Physicians, American Academy of Pediatrics, and the League of Health insurers submitted testimony in opposition, stating that this legislation would constitute a new health benefit mandate which would undermine practitioners training and expertise.
The Arc Maryland Position: Monitor
Relief from Mandates
HB449 - Relief from Budget Mandates would end mandates such as the DDA Direct Support Worker Wage Initiative. Stephen Morgan, The Arc Baltimore Executive Director, testified in opposition to the bill on behalf of MACS and The Arc Maryland on March 8 before the House Appropriations Committee.
The Arc Maryland Position: Oppose
Bill Withdrawn
HB865/SB835-Senator Guzzone Health Insurance - Motor Vehicle Modifications for Permanently Wheelchair Dependent Individuals - Coverage
A bill which would require an insurer, nonprofit health service plan, or health maintenance organization (collectively known as carriers) that provides hospital, medical, or surgical benefits to provide specified coverage for motor vehicle modifications for permanently wheelchair dependent individuals was withdrawn.
NEW Bills/ Upcoming Hearings
HB1058 Delegate Platt -Task Force to Review the Workload of Special Educators in the State
Establishing the Task Force to Review the Workload of Special Educators in the State to review, research, analyze, and make recommendations regarding specified matters; requiring the Task Force to develop a specified streamlined process that does not run counter to federal law.
Hearing: March 11
The Arc's Position-: Monitor
HB551 Delegate Kaiser -Education - Children With Disabilities - Individualized Education Program Mediation
This bill requires the individualized education program (IEP) team to provide a parent who disagrees with a child's IEP or special education services with, in plain language: (1) an oral and written explanation of the parent's right to mediation; (2) contact information for receiving information on the mediation process; and (3) information regarding pro bono representation.
Hearing: March 15 at 1pm (Ways and Means Committee)
The Arc's Position: Support w/ Amendments
HB 928/SB 818 Delegate Kramer : State Personnel - Individuals With Disabilities - Hiring Preferences
Requiring an appointing authority to apply a credit of five points on a selection test for specified positions in the State Personnel Management System for an individual with a specified disability; requiring specified appointing authorities for positions in the Judicial, Legislative, and Executive branches of State government to develop a hiring preference for an individual with a specified disability that is equivalent to the credit applied on a specified selection test.
Hearings:
March 15 at 1 pm (Finance)
Position: Support
