The Arc Maryland's Weekly Legislative Update
Week of Session: February 8 - 12, 2021
Every Monday in the Insider, check out updates on key legislation affecting the lives of people with intellectual and developmental disabilities, their families, and professional supports, learn about upcoming advocacy events, and receive notices about Federal, State, and other initiatives of importance to The Arc Maryland!
Bill Tracker
You can stay up to date on all legislation The Arc Maryland is keeping tabs on through our Bill Tracker! Use the Bill Tracker to view position statements, access bill text, and check hearing times and dates.
Taking Action
Developmental Disabilities Days at the Legislature!
Join us for the Main Event on Feburary 9th at 9 AM on Facebook
Join us this week in showing our state legislators the strength of Maryland's IDD Community throughout DD Days at the Legislature! We are kicking off the week with our main event tomorrow, February 9th, where over 1,000 Marylanders with IDD, their families, and professional supports will join together on our online event and live stream to learn about our 2021 session priorities! While registration is now closed for the zoom event, you can still watch the event from the Maryland Developmental Disabilities Coalition Facebook page here at 9 AM tomorrow!

From Tuesday to Thursday, you can also make an impact through your advocacy on social media! Each day has a theme for you to share your story with friends, family, and legislators! The themes each day are as follows:

  • Tuesday - Community For All!
  • Wednesday - DSPs Make The Difference!
  • Thursday - Expectations Matter!

Check out the DD Day Virtual Resources page through the button below for our Social Media Toolkit and more info on how to share your story!
Extensive Advocacy Results in Change as Some Local Health Departments Re-Prioritize Individuals with IDD in 1B
Several other health departments continue to omit people with IDD from priority groups.
On January 5th, Governor Hogan announced that Phase 1B of Maryland's vaccination plan included all Marylanders age 75 and older, special needs group homes, high-risk inmates, developmentally disabled populations, continuity of government vaccinations, as well as teachers, child care, and education staff. Read that press release here.

The Maryland Department of Health COVIDLink website here also indicates that people with intellectual and developmental disabilities are in Phase 1B, and the state is currently in Phase 1C.

Why, then, are people with IDD having trouble even pre-registering in their counties for the vaccine?

While there is Federal guidance on vaccines, states have leeway to determine who they will vaccine first and how to allocate and distribute doses. Maryland has given its counties and Baltimore City leeway as well, creating what has become a complicated maze of different procedures and forms for residents to complete. Parents report enduring what feels like a maze of inconsistency, only to be told there are no appointments for their loved ones. Some local health department websites bear little resemblance to the state prioritization plan. Others appear to follow guidance to vaccine oldest Marylanders first, but then "leap-frog" other priority groups ahead of individuals with intellectual and developmental disabilities.

The Result: Many people with IDD, who do not reside in congregate settings, are unable to register to get the vaccine once doses are available.

Take Action in Two Parts:
  1. If you or your loved one live in one of the counties that appear to not have all people with IDD in 1B, please contact your county health department and advocate that they make the change to their policies and registration forms now. To find out how your county prioritizes people with IDD, click the second button below. To find your health department, please click the first button below.
  2. Contact Governor Hogan and Secretary Schrader, Acting Secretary of the Maryland Department of Health, and ask that they communicate with the local health departments to correct their prioritization practices and amend, as necessary, registration forms to include people with IDD in Phase 1B.
Top Bills of the Week
HB0716 / SB0371: Special Education - Individualized Education Programs - Educational Evaluations

Status: HB0716: In House, Hearing 2/10 in W&M at 1:30 PM.

Testimony is due today between 10 AM and 3 PM on the MGA website. Contact akolp@thearcmd.org if you need assistance to submit testimony or sign up.

SB0371: In Senate, Hearing 2/11 in EHEA at 11:00 AM.

Testimony is due on Tuesday, 2/9 between 10 AM and 3 PM on the MGA website. Contact akolp@thearcmd.org if you need assistance to submit testimony or sign up.


Position: Support

This bill would create a mechanism for parents to obtain an evaluation paid for by the school in cases where the school has not provided the evaluation within prescribed time frames. This has been critical for families during the pandemic as they have not been able to have their children evaluated or re-evaluated for education access supports.
HB0714: Special Education – Learning Continuity Plan – Requirement

Status: In House, Hearing 2/10 in W&M at 1:30 PM.

Testimony is due today between 10 AM and 3 PM on the MGA website. Contact akolp@thearcmd.org if you need assistance to submit testimony or sign up.

Position: Support

This bill would require an individualized education program or 504 Plan to include a learning continuity portion to be developed by the team, including the parents of the child as equal partners to the process. The component of the plan would be developed by the members of the child’s IEP or 504 plan team at the time of the plan review and serve as a guide to ensure continuity of services and supports needed by the student to continue to receive a Free and Appropriate Public Education (FAPE) during emergency conditions – when the child is unable to access the school building for 10 days or more. This bill would become effective on October 1, 2021.
HB0724: Special Education - Prolonged School Closure - Extension of Education Services

Status: In House, Hearing 2/12 in W&M at 1:30 PM.

Testimony is due on Wednesday, 2/10 between 10 AM and 3 PM on the MGA website. Contact akolp@thearcmd.org if you need assistance to submit testimony or sign up.

Position: Support

This bill would require a county board of education to offer and provide to certain disabled and special education students (whose schools are subject to a prolonged school closure) the option to continue attending school or receiving education services after the student's anticipated graduation date. Furthermore, the bill would require a county board to provide a notice to the parents or guardians of eligible students about a student's option to continue attending school or receiving certain education services.
SB0486: Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)

Status: In Senate, Hearing 2/11 in FIN at 1 PM.

Testimony is due on Tuesday, 2/9 between 10 AM and 3 PM on the MGA website. Contact akolp@thearcmd.org if you need assistance to submit testimony or sign up.

Position: Oppose

The intention of this bill is highly regarded: to ensure essential workers have protections and additional pay during an emergency. Unfortunately, the bill is written broadly to define emergencies, essential workers, rights, and new benefits and pay, and contains no funding or consideration for how any of the new benefits and pay will be provided by Medicaid providers, including people who self-direct their services. Additionally, it does not effectively make the case that critical workers would be safer. See full list of additional concerns from The Arc Maryland here.
Hearing Schedule (2/8 to 2/19)
Tuesday, February 9th
House:

HGO, 1:30 PM
HB0547: Maryland Medical Assistance Program – Dental Prophylaxis Care and Oral Health Exams

HB0548: Human Services - Trauma-Informed Care - Commission and Training

HB0598: Maryland Medical Assistance Program – Applied Behavior Analysis Services – Reimbursement

W&M, 1:30 PM
HB0656: Election Law - Early Voting Centers - Accessibility by Public Transportation
Senate:

EHEA, 1:00 PM
SB0066: Department of Housing and Community Development - Office of Digital Inclusion - Established (Digital Connectivity Act of 2021)

SB0687: State and Local Housing Programs – Affirmatively Furthering Fair Housing

FIN, 1:00 PM
SB0398: Mental Health Law – Petitions for Emergency Evaluation – Procedures

JPR, 1:00 PM
SB0363: Courts – Improperly Summoning a Police Officer – Civil Liability
Wednesday, February 10th
House:

APP, 1:30 PM
HB0786: Department of Human Services, Maryland Department of Health, and Department of Education - Easing Access to Family Support Programs

E&T, 1:30 PM
HB0636: School Buildings - Drinking Water Outlets - Elevated Level of Lead (Safe School Drinking Water Act)

HGO, 1:30 PM
HB0551: Maryland Medical Assistance Program and Health Insurance – Coverage and Reimbursement of Telehealth Services

W&M, 1:30 PM
HB0713: County Boards of Education – Therapy Dogs – Policy for Handling and Use in Schools

HB0714: Special Education – Learning Continuity Plan – Requirement

HB0715: Public Schools - Self-Contained Special Education Classrooms - Use of Video Recording Devices

HB0716: Special Education - Individualized Education Programs - Educational Evaluations
Senate:

FIN, 1:00 PM
SB0469: Maryland Medical Assistance Program – Applied Behavior Analysis Services – Reimbursement

JPR, 1:00 PM
SB0388: Vehicle Registration – Disability Plates – Parking Meter Fees
Thursday, February 11th
Senate:

EHEA, 11:00 AM
SB0371: Special Education - Individualized Education Programs - Educational Evaluations

SB0409: County Boards of Education – Therapy Dogs – Policy for Handling and Use in Schools

SB0464: Education – Educational Interpreter – Certification Requirements

FIN, 1:00 PM
SB0299: Human Services - Trauma-Informed Care - Commission and Training

SB0322: Health – Health and Wellness Standards – Correctional Facilities and Health Care Facilities

SB0384: Health Facilities - Residential Service Agencies - Guidance and Reporting

SB0473: Labor and Employment – Leave With Pay – Bereavement Leave

SB0486: Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)
Friday, February 12th
House:

JUD, 1:30 PM
HB0500: Police Procedures - Requiring a Person to Lie Prone

W&M, 1:30 PM
HB0724: Special Education - Prolonged School Closure - Extension of Education Services

HB0764: Education - Broadening Options and Opportunities for Students Today Program - Established and Mandated Funding
Tuesday, February 16th
House:

HGO, 1:30 PM
HB0132: Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative)

HB0537: Mental Health Law – Petitions for Emergency Evaluation – Procedures
Senate:

FIN, 1:00 PM
SB0441: Developmental Disabilities Administration - Self-Directed Services (Self - Direction Act)

SB0485: Maryland Medical Assistance Program – Dental Prophylaxis Care and Oral Health Exams

JPR, 1:30 PM
SB0519: Estates and Trusts - Wills and Advance Medical Directives - Notaries Public
Wednesday, February 17th
House:

APP, 1:30 PM
HB0718: State Coordinator for Autism Strategy and Advisory Stakeholder Group on Autism-Related Needs - Mandated Appropriation

EMC, 1:30 PM
HB0069: Environment - Single-Use Plastics - Restrictions

W&M, 1:30 PM
HB0914: Education - Home and Hospital Teaching Program for Students - Report

HB0939: Education - Student Education Grant Program - Established
Senate:

JPR, 1:00 PM
SB0607: Criminal Law - Harm to Service Animals
Thursday, February 18th
House:

HGO, 1:30 PM
HB0652: Health Facilities - Residential Service Agencies - Guidance and Reporting
Senate:

EHEA, 11:00 AM
SB0271: Election Law – Voting Systems – Accessibility for Voters With Disabilities

FIN, 1:00 PM
SB0542: State Health Care Facilities - Employees - Alternative Workweeks
Please note: the following abbreviations identify the legislative committees in the Assembly:

House of Delegates:
  • APP - Appropriations Committee
  • EMC - Economic Matters Committee
  • E&T - Environment and Transportation Committee
  • HGO - Health and Government Operations Committee
  • JUD - Judiciary Committee
  • W&M - Ways and Means Committee
  • HRU - Rules and Executive Nominations Committee

Senate:
  • B&T - Budget and Taxation Committee
  • EHEA - Education, Health, and Environmental Affairs Committee
  • FIN - Finance Committee
  • JPR - Judicial Proceedings Committee
  • EXN - Executive Nominations Committee
  • SRU - Rules Committee