HB0294: County Boards of Education- Due Process Proceedings for Children With Disabilities- Burden of Proof

Pictured right: Tony Zanfordino, Co-chair of The Arc Maryland Governmental Affairs Committtee and father, and Laura Amirez, member of The Arc Prince George's County and parent, testified last week in the House Ways and Means Committee.

Position: Support all Bills

Current Status:

HB0381 (Baltimore City & County) In House W&M hearing 2/15 at 1 PM

HB0373 (Howard County) In House W&M hearing 2/15 at 1 PM

HB0294 (All of Maryland) In House W&M hearing was on 2/8

HB0120 (Harford County) In House W&M hearing was on 1/24

A number of bills introduced this legislative session would shift the burden of proof from families to the schools in special education due process proceedings. If passed, the change in law would require a county board of education to bear the burden of proof in due process proceedings that initiate from a due process complaint (regarding the provision of special education services for a program for a child with disabilities) in the county in which the county board is located.

There are three local bills to address this issue: Harford (HB0120), Howard (HB0373), and Baltimore City and County (HB0381). In addition, Delegate Atterbeary is the sponsor of legislation (HB0294) that would enable this shift statewide. Some other states have moved the burden of proof to schools with success. While opponents argue this would create additional paperwork and burden for teachers, this does not appear to have been the outcome of shifting this burden elsewhere: schools already collect data on student progress and have access to this information, unlike families who are at a clear disadvantage in these disputes, rarely prevailing. This bill would help balance the power and we believe would encourage schools to listen to students and families as equal partners in the IEP process.

With each piece of legislation going through the House W&M committee, you can reach out to committee leadership to express its importance! Contact information is available below:

Vanessa Atterbeary

Chair, Ways & Means Committee

vanessa.atterbeary@house.state.md.us

410-841-3471

Jheanelle Wilkins

Vice Chair, Ways & Means Committee

jheanelle.wilkins@house.state.md.us

410-841-3493

Eric Ebersole

Chair, Education Subcommittee

eric.ebersole@house.state.md.us

410-841-3328

Julie Palakovich Carr

Chair, Early Childhood Subcommittee

julie.palakovichcarr@house.state.md.us

410-841-3037

Link to Bill Text: SB0344

Position: Support

Current Status: In Senate B&T hearing 2/15 at 1 PM

Testimony due tomorrow, 12/14 between 8 AM and 3 PM

This bill would allow caregivers of a person 18 or older to take a credit against the State income tax subject to certain limitations and providing that qualified expenses are those paid or incurred for goods and services that relate directly to the care or support of an immediate family member who requires assistance with one or more daily activities. 

Examples of qualifying expenses include the improvement or alteration of a home to assist the family member to be mobile, safe, or independent, the purchase or sale of necessary equipment, the costs for a home care aid or attendant, and specialized transportation. The bill text (linked above) has additional examples.

If you would like to provide testimony for this bill, sign up is on the MGALeg website tomorrow, February 14th, between 8 AM and 3 PM. For assistance with talking points or how to sign up, contact Ande Kolp at akolp@thearcmd.org.

Link to Bill Text (Part of Budget Bill FY24): HB0200 SB0181

Position: Support

Current Status:

HB0200 in House APP (Health & Social Services Sub) hearing 2/22 at 1 PM

SB0181 in Senate B&T (Health & Human Services Sub) hearing 2/23 at 1 PM



This is the budget bill for FY24. The draft budget is favorable for DDA Community Services with appropriations for emergency services, Transitioning Youth, LISS, a 4% increase mandated by the Minimum Wage Act of 2019, and an additional increase of 8% funding to cover expedited escalation of minimum wage increases included in proposed legislation.

With the House budget hearing occurring on DD Day, we anticipate a positive turnout from the community!

Link to Bill Text: HB0546 SB0551

Position: Support with Amendment

Current Status: HB0546 In House APP hearing 2/21 at 1 PM

SB0551 In Senate EEE hearing 2/22 at 2 PM

This bill would establish the Service Year Option Program; requiring the Department of Service and Civic Innovation to administer and provide staff for the Program; requiring a Program participant to work at least 30 hours per week and partner with an on-site mentor while working in a service placement; requiring a participating employer to pay a Program participant $15 per hour; authorizing the Department to disburse a stipend of up to $3,000 to a Program participant who completes a service placement; etc.

The Arc Maryland would like to see an amendment to include students who are exiting with a "high school certificate of completion". We understand this was the sponsor's intention and expect support for the amendment.

The Arc Maryland is searching for advocates to testify on this legislation! If you are a person with IDD who has had difficulty getting employment right out of high school, or if you are the parent of a student currently transitioning, we need your help. If you are interested in sharing your story, please contact Ande Kolp at akolp@thearcmd.org.

Link to Bill Text: HB0274 SB0387

Position: Support

Current Status: HB0274 In House HGO hearing 2/21 at 1 PM

SB0387 In Senate FIN hearing 2/23 at 1 PM

This bill would establish a Task Force on Reducing Emergency Department Wait Times to study best practices for reducing emergency department wait times. It would also require the Task Force to report its findings and recommendations to the Governor and the General Assembly by January 1, 2024. We are hopeful this data will uncover the reasons behind long ER wait times especially for people with IDD who are experiencing a behavioral health crisis. Please contact us if you are willing to share your story!

Are you ready for the largest gathering of disability rights advocates in Maryland? Save the date for Developmental Disabilities Day at the Legislature! This year, we will gather on February 22 at The Graduate Hotel in Annapolis!

Tickets for the in-person event are sold out, but you can join a waitlist in case additional tickets become available! Join by contacting Luc Chausse at lchausse@thearcmd.org.

For those who plan to watch the live stream, go to the Maryland Developmental Disabilities Coalition Facebook page and follow us to receive a timely notification when the stream is live on DD Day!

Tuesday, February 14th at 1:00 PM in Senate FIN

• SB0255 - Public Health - Home- and Community-Based Services for Children and Youth
• SB0362 - Certified Community Behavioral Health Clinics – Established

Tuesday, February 14th at 1:00 PM in House HGO

• HB0053 - Human Services - Maryland Statewide Independent Living Council
• HB0082 - Maryland Medical Assistance and Children's Health Insurance Programs - School-Based Behavioral Health Services - Reimbursement
• HB0302 - Public Health - Rare Disease Advisory Council
• HB0318 - Maryland Medical Assistance Program - Provider Agencies and Personal Care Aides - Reimbursement and Wages

Tuesday, February 14th at 1:00 PM in House JUD

• HB0385 - Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

Wednesday, February 15th at 1:00 PM in Senate B&T

• SB0344 - Income Tax - Caregiver Tax Credit
• SB0350 - Early Childhood Development - Child Care Scholarship Program - Funding

Wednesday, February 15th at 1:00 PM in Senate JPR

• SB0254 - Business Regulation - Charitable Contribution - Definition
• SB0450- Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

Wednesday, February 15th at 1:00 PM in House W&M

• HB0373 - Howard County – Due Process Proceedings for Children With Disabilities – Burden of Proof Ho. Co. 2–23
• HB0381 - Baltimore City and Baltimore County – Due Process Proceedings for Children With Disabilities – Burden of Proof
• HB0437 - Prince George's County Public Schools - Office of Integrity and Compliance - Establishment PG 501-23
• HB0448 - Nonpublic Education - Special Education Placements - Renaming and Teacher Salaries (Teacher Pay Parity Act)
• HB0469 - Children With Disabilities - Special Education Services - Eligibility
• HB0495 - Early Childhood Development - Child Care Scholarship Program - Funding

Thursday, February 16th at 1:00 PM in House HGO

• HB0363 - Maryland Health Benefit Exchange and Maryland Department of Health - Health Care Coverage for Undocumented Immigrants - Report

Thursday, February 16th at 1:00 PM in Senate JPR

• SB0400 - Places of Public Accommodation - Motion Picture Houses - Captioning

Tuesday, February 21st at 1:00 PM in House APP

• HB0546 - Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023)

Tuesday, February 21st at 1:00 PM in House E&T

• HB0608 - Human Relations - Housing Discrimination - Service Dogs and Guide Dogs

Tuesday, February 21st at 1:00 PM in House HGO

• HB0274 - Task Force on Reducing Emergency Department Wait Times
• HB0322 - Public Health - Home- and Community-Based Services for Children and Youth

Wednesday, February 22nd at 1:00 PM in House APP, Health and Social Services Subcommittee

• MDH Developmental Disabilities Budget

Wednesday, February 22nd at 1:00 PM in House HGO

• HB0260 - Maryland Sign Language Interpreters Act
• HB0328 - State Finance and Procurement- Grants- Prompt Payment Requirements
• HB0395 - State Government – State Facilities Changes and Closures – Procedures

Wednesday, February 22nd at 1:00 PM in House W&M

• HB0576 - Primary and Secondary Education - Policies on Bullying, Harassment, or Intimidation - Revisions
• HB0593 - Public Schools - Lifesaver Schools Program - Establishment
• HB0621 - State Department of Education - Division of Rehabilitation Services - Information Posted on Website
• HB0737 - Alternative Education Options - Right to Learn and Broadening Options and Opportunities for Students Today Programs (Right to Learn Act of 2023)
• HB0770 - Publicly Funded Full-Day Prekindergarten Program - Tier I Child - Alteration of Definition
• HB0782 - Education - Maryland Office of the Inspector General for Education - Powers and Notifications

Wednesday, February 22nd at 1:00 PM in Senate FIN

• SB0511 - Health and Human Services Transportation Improvement Act of 2023

Wednesday, February 22nd at 2:00 PM in Senate EEE

• SB0280 - Child Care Providers - Registration and Licensing - Exemptions
• SB0343 - Maryland Achieving a Better Life Experience (ABLE) Program - Account Establishment - Procedures
• SB0551 - Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023)

Thursday, February 23rd at 1:00 PM in Senate B&T, Health and Human Services Subcommittee

• MDH Developmental Disabilities Budget

Thursday, February 23rd at 1:00 PM in House HGO

• HB0489 - Residential Service Agencies - Reimbursement - Personal Assistance Services
• HB0490 - Residential Service Agencies - Employee Registry

Thursday, February 23rd at 1:00 PM in Senate FIN

• SB0387 - Task Force on Reducing Emergency Department Wait Times