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BILL: SB 377 TITLE: Higher Education - Teacher Development and Retention Program - Definition DATE: March 26, 2024 POSITION: Favorable COMMITTEE: House Appropriations Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports Senate Bill 377. This bill expands eligibility for Teacher Development and Retention Program educator stipends (a pilot program that terminates June 30, 2029, and provides both initial stipends and internship stipends) to include an otherwise eligible individual who is initially enrolled in any Maryland community college. The Teacher Development and Retention Program was created last year by the omnibus Maryland Educator Shortage Reduction Act to incentivize students to ultimately teach in a high-needs school, grade level, or content area in which there is a shortage of teachers. The pilot is to first provide a one-time stipend for in-classroom training and ultimately placing students in school settings that meet the criteria mentioned. Last year’s bill allowed for participation by two community colleges, but this bill will expand eligibility to all community colleges in the State, reaching a potential audience of at least 2,700 students enrolled in teacher preparation programs each year. Teacher shortage is a significant problem in Maryland, one we share with school districts across the nation. As we know, teacher support and teacher quality directly impact educational achievement for students. Systems and schools plagued by the lack of qualified teachers, teacher turnover, and lack of diversity in the workforce all negatively impact student learning. According to a State Board of Education presentation in July of 2022, “Research indicates that the cost of separation, recruitment, hiring, and training has been estimated to cost between $9,000 and $21,000 per teacher. While teacher vacancies continue to increase, total enrollment in Maryland’s Educator Preparation programs has declined by 33%.” This pipeline shortage is critically important and portends that our shortage will continue in the near-term. Teacher diversity is also a challenge in Maryland. The teaching workforce has remained predominantly white, while the student demographics have grown much more diverse. From the above referenced MSDE presentation, “Over the past 10 years, less than 30% of Maryland teachers were teachers of color. Studies show that increased diversity amongst teachers and broader sets of school professionals benefit student test-score performance and leads to improved school behaviors.” Research has shown that alternative preparation programs are more diverse than traditional colleges of education and while the community college route is not “alternative” per se, it is an important conduit for part-time and non-traditional students to pursue teaching as a profession and very likely to help produce more diverse teacher candidates. This legislation will complement and supplement the tenets of the Blueprint for Maryland’s Future. The Blueprint includes the creation of career ladders based on merit, as well as salary incentives for highly trained teachers, and incentives for teaching in low-performing schools. For these reasons, PSSAM supports Senate Bill 377 and urges a favorable report.

BILL: SB 161 TITLE: Community Schools - Alterations DATE: March 26, 2024 POSITION: Support with Amendments COMMITTEE: House Appropriations Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports Senate Bill 161 with amendments. The establishment and expansion of community schools has been one of the most impactful and successful initiatives in the implementation of Blueprint for Maryland’s Future. PSSAM is pleased to see the exponential growth in community schools and the corresponding academic improvements and positive community impact. Allowing districts with less than 40 schools to use some of their grant funding to manage the program will yield tremendous economies of scale and enhance best practices and cooperation among these smaller cohorts. Federal Title programs have long acknowledged the need to set aside funding for administrative tasks, such as budgeting, contracts and grant writing, to support the hands-on work. Centralizing and supporting these tasks at the district office will allow school coordinators to concentrate on engaging families, supporting students, and collaborating with community partners. We strongly support the bill’s authorization for use of the Concentration of Poverty Grant (CPG) to expend up to 15% of personnel grant and per pupil grant funds on behalf of eligible schools, provided that a plan to meet specified current law requirements is submitted to the Accountability and Implementation Board (AIB). Again, this set aside will ensure the totality of the CPG funds are used with fidelity, and that the appropriate staff are managing these essential funding and procurement functions, not putting these management burdens on the local community schools coordinators. The following example from Harford County Public Schools illustrates the importance of allowing funding to be used for centralized support. Currently, their ten community schools have a combined budget of $3,957,841 with no dedicated coordination or support. In the near future, their community schools budget is expected to exceed their Title 1 budget, which currently has 6 district-support professionals. Making this much needed adjustment is extremely important to ensure funding is used efficiently and effectively. We also support appropriate oversight and evaluation of the community schools with a standard needs assessment developed by the State Director of Community Schools, in consultation with local school systems and members of the community schools’ leadership team, but do not support, but do not support any expanded authority given to the Maryland State Department of Education (MSDE) to modify or approve the needs assessment. We support the current law’s requirement of the creation and approval of an implementation plan for a community school, but believe the expanded annual evaluation is overly onerous. We would request and support a triennial evaluation instead; it is important to note that these schools also undergo periodic audits to ensure that the funds are being spent appropriately and in accordance with their implementation plans, as well as their participation in the annual local budget processes so there is continual oversight from the districts as well. We request that any new statutory language regarding new spending plans for the 15% funding and the evaluation criteria be developed in consultation with the LEAs, AIB and the MSDE. Further, we request that this is not prescribed in statute to most accurately reflect the goals and objectives of the philosophy of the community schools model. Additionally, ultimately these plans and evaluations will be public documents that need to be carefully crafted to remove student and family identifiers; these criteria should be vetted and established in regulations, not statute. For these reasons, PSSAM requests a favorable with amendments committee report for Senate Bill 161.

BILL: SB 370 TITLE: Community Schools - Rental Assistance for Community School Families Program and Fund - Establishment DATE: March 26, 2024 POSITION: Support with Amendments COMMITTEE: House Appropriations Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports Senate Bill 370 with amendments. This bill creates the Rental Assistance for Community School Families Program to provide rental assistance to eligible student households; it requires the Department of Housing and Community Development, in consultation with the State Department of Education, to administer the Program and establish the Rental Assistance for Community School Families Fund. PSSAM strongly supports the creation of this Fund and the recognition of community schools as important conduits to serve our neediest families; however, as currently drafted the bill requires community schools coordinators identify eligible students and facilitate direct payments for rent and utilities to families. This is way outside of the scope of work for community-based practitioners who are in schools to provide wraparound supports and establish trusting environments for families. Any housing assistance is most appropriately handled by county and state housing departments who regularly assist families with these intimate financial details and should be handled outside of any relationships with school personnel. We strongly advocate for the removal of local school personnel, namely the community schools coordinators, from playing any implementation role in this new program except for providing information and referrals as appropriate. We request the bill be amended as follows: Page 3, strike lines 28-31 and replace with: (IV) Providing information about the availability of the rental assistance program to families, including eligibility requirements, and how to apply. Page 7, strike lines 5-7 and replace with: (F) Upon request, a local school system shall provide verification of student enrollment, and inclusion in the compensatory education enrollment, or eligibility for McKinney Vento Assistance. The first amendment ensures that the dissemination of information regarding this program reaches community school families. The second amendment ensures best practices regarding financial privacy for families by verifying eligibility through established procedures regarding income verification at the district level, keeping it as far away from the relationship between families and their school communities and school personnel. For these reasons, PSSAM requests a favorable with amendments committee report for Senate Bill 370.

Maryland Aspiring Superintendent Academy Cohort 2 participants celebrated completion of the academy at Chesapeake Bay Beach Club in Stevensville, MD on Thursday, March 22nd Press Release: March 25, 2024 In the realm of education, continuous learning and growth are paramount. Last Thursday, twenty dedicated professionals completed a transformative journey through the Maryland Superintendent Academy, emerging not only with certificates of completion but also with a wealth of knowledge and skills that will shape their leadership in the field of education. This marks the second cohort of participants to achieve their certificate of course completion from the program hosted jointly by the U.S. Department of Education funded Region 4 Comprehensive Center (R4CC) and the Public School Superintendents' Association of Maryland (PSSAM). Photo features Maryland Aspiring Superintendent Academy Cohort 1 and Cohort 2 participants as well as R4CC and PSSAM leaders Over the course of seven enriching months, participants engaged in a comprehensive curriculum designed by R4CC, in collaboration with PSSAM, to equip them with the tools and insights necessary to excel in the role of a superintendent. From exploring leadership strengths and core values to understanding the intricate dynamics of district operations and budget building, the Academy provided a holistic approach to leadership development. One key aspect emphasized throughout the program was emotional intelligence—a vital trait for effective leadership in any field. Participants delved into the nuances of understanding and managing emotions, fostering empathy, and building strong relationships within their educational communities. Additionally, the Academy equipped participants with media training, recognizing the importance of effective communication in today's interconnected world. Through practical exercises and guidance, participants honed their ability to convey their message clearly and confidently, whether addressing the press or communicating with stakeholders. Budget and finance management emerged as another crucial area of focus, as participants explored strategies for fiscal responsibility and resource allocation. In an era of tightening budgets and evolving financial landscapes, the ability to navigate these challenges is indispensable for effective leadership. Moreover, the Academy provided invaluable insights into the application and interview process for superintendent positions, empowering participants to showcase their skills and experiences effectively. Participants were also given a closer look into the day to day operations of serving as a superintendent in providing paired shadowing opportunities during five of the seven months of the academy program. Photo features all 20 of the Maryland Aspiring Superintendent Academy Cohort 2 participants with the certificate of course completion. As these dedicated professionals embark on the next chapter of their careers, they do so armed with a comprehensive understanding of leadership principles, a sharpened ability to navigate complex challenges, and a commitment to excellence in education. The Maryland Superintendent Academy certificate of completion is not merely a testament to their dedication—it is a symbol of their readiness to lead, inspire, and shape the future of education in Maryland and beyond. Congratulations from to all the participants on this remarkable achievement!

BILL: HB 1485 TITLE: Public Schools – Water Safety and Swimming Course – Established DATE: March 11, 2024 POSITION: Oppose COMMITTEE: House Ways and Means Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, opposes House Bill 1485. House Bill 1485 would require the Maryland State Department of Education (MSDE) to develop curriculum content for an elective course in water safety and swimming for public school students in grades 8 through 12. Additionally, this bill would require local boards of education to implement the water safety and swimming curriculum content in all public middle and high schools beginning in the 2025-2026 school year. Furthermore, this bill authorizes schools to partner with local parks and recreation facilities in order to meet the objectives of the water safety curriculum. PSSAM has a longstanding policy of opposing efforts by the General Assembly to codify curriculum standards, assessments, or graduation requirements. Local superintendents strongly believe that the role of curriculum development and implementation belongs solely to local boards of education in conjunction with MSDE. Rest assured, PSSAM’s opposition to this bill is not an evaluation of the merits of teaching any specified subject matter, but rather opposition to statutorily mandating content standards and curriculum. The Maryland General Assembly, in creating the Maryland State Board of Education and local boards of education, has delegated to these entities the responsibility of delivering a high-quality statewide system of public education. The State Board establishes State content frameworks, state assessment standards, and minimum state graduation requirements, while each local board and school system implements locally-developed curriculum to ensure that the state content frameworks are followed, student performance standards are met, and students are prepared to meet graduation requirements. Superintendents are committed to providing students with a comprehensive, well-rounded physical education curriculum that is implemented after proper stakeholder input and review processes. In addition to creating a mandated curriculum, this bill would also require local systems to use existing funds to implement the bill with no new funding source, therefore creating an unfunded mandate for all twenty-four local systems. House Bill 1485, alongside similar bills that seek to interject or extract piecemeal segments of the curriculum, only serve to weaken the effectiveness of the overall educational curriculum. Again, PSSAM’s opposition to this bill does not rest on the merits of instruction pertaining to water safety and swimming, but the bill’s imposition of curricular mandates on local school systems. For these reasons, PSSAM opposes House Bill 1485 and requests an unfavorable report.

BILL: HB 675 TITLE: Primary and Secondary Education - Education Savings Account Program - Established (Maryland Universal School Choice Act) DATE: March 06, 2024 POSITION: Oppose COMMITTEE: House Appropriations Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, opposes House Bill 675. House Bill 675 seeks to establish an Education Savings Account (ESA) program in the State, which would provide grants to families to defray specified costs related to nonpublic or homeschooling for eligible students. This bill requires the Maryland State Department of Education (MSDE) to administer the program. Additionally, this bill allows a subtraction modification under the Maryland income tax for deposits into an education savings account under the Education Savings Account program. PSSAM opposes any public financing for private schools, including education savings accounts and the use of public financing tools for families choosing non-public schools. Under the proposed ESA program, the State would be required to provide taxpayer funds directly to private schools. While seemingly not a voucher program, this program uses public dollars to fund private schools and divert scarce resources away from the public education system that serves 90% of American children. Additionally, PSSAM opposes the proposal to allow a new Education Savings Account program to provide grants to parents for home instruction expenses. Maryland’s long-standing approach to homeschooling establishes very limited educational, reporting, and verification requirements for parents choosing to homeschool their child. In fact, current regulations simply require parents to sign a form verifying that they will provide “regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age,” consent to requirements to keep a portfolio of the student’s work, and submit to semester evaluations by school system staff. This is the limited extent of any governmental role in the education of home schooled children. Local superintendents do not seek additional oversight in Maryland’s homeschooling regulations, but oppose any public incentive for more families to opt into homeschooling. PSSAM does not support increasing the burden on state revenues and future state budgets by establishing an income tax credit to benefit parents who exercise their choice to provide their children with home instruction. Unlike public schools, homeschooling parents have no means of direct accountability to taxpayers for their use of tax revenues. Funds provided to parents through ESA programs in other states have been found ripe for fraud and abuse -- in 2018, the state’s Auditor General in Arizona found that parents misused over $700,000 in ESA funds on items such as beauty supplies and sports apparel, with no way for the state to recoup misspent money. For these reasons, PSSAM opposes House Bill 675 and requests an unfavorable committee report.

BILL: HB 704 TITLE: Primary and Secondary Education - Education Savings Account Program - Established DATE: March 06, 2024 POSITION: Oppose COMMITTEE: House Appropriations Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, opposes House Bill 704. This bill creates the Education Savings Account (ESA) program in the Maryland State Department of Education (MSDE) to provide grants to families to defray specified costs related to nonpublic schooling for eligible students. Participating students are included in the enrollment count used to calculate required State and local education aid for local school systems. The State must deposit specified portions of per pupil State and local education aid, depending on family income, in each participating student’s account, with each county reimbursing the State for the local share deposited. The bill establishes a subtraction modification from the State income tax for contributions to an eligible ESA. PSSAM opposes any public financing for private schools, including education savings accounts and the use of public financing tools for families choosing non-public schools. Under the proposed ESA program, the State would be required to provide taxpayer funds directly to private schools. While seemingly not a voucher program, this program uses public dollars to fund private schools and divert scarce resources away from the public education system that serves 90% of American children. Additionally, PSSAM opposes the proposal to allow a new Education Savings Account program to provide grants to parents for home instruction expenses. Maryland’s long-standing approach to homeschooling establishes very limited educational, reporting, and verification requirements for parents choosing to homeschool their child. In fact, current regulations simply require parents to sign a form verifying that they will provide “regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age,” consent to requirements to keep a portfolio of the student’s work, and submit to semester evaluations by school system staff. This is the limited extent of any governmental role in the education of home schooled children. Local superintendents do not seek additional oversight in Maryland’s homeschooling regulations, but oppose any public incentive for more families to opt into homeschooling. PSSAM does not support increasing the burden on state revenues and future state budgets by establishing an income tax credit to benefit parents who exercise their choice to provide their children with home instruction. Unlike public schools, homeschooling parents have no means of direct accountability to taxpayers for their use of tax revenues. Funds provided to parents through ESA programs in other states have been found ripe for fraud and abuse -- in 2018, the state’s Auditor General in Arizona found that parents misused over $700,000 in ESA funds on items such as beauty supplies and sports apparel, with no way for the state to recoup misspent money. For these reasons, PSSAM opposes House Bill 704 and requests an unfavorable committee report.

BILL: SB 979 TITLE: Education - Artificial Intelligence - Guidelines and Pilot Program DATE: March 06, 2024 POSITION: Support with Amendments COMMITTEE: Senate Education, Energy and Environment Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports SB 979 with amendments. The proposed legislation seeks to mandate the Maryland State Department of Education (MSDE), in collaboration with the Department of Information Technology (DOIT), to establish and periodically update comprehensive guidelines, standards, and best practices pertaining to AI (AI) for county boards of education. Additionally, it creates a pilot program in support of the AI Subcabinet within the Governor’s Executive Council. The bill requires MSDE to develop strategies to facilitate coordination and assistance to county boards in implementing AI best practices. This includes offering recommendations for the integration of AI into college and career readiness standards, alongside the adoption of policies and procedures concerning systems leveraging AI. The legislation also mandates that any entity utilizing AI in their products and engaging with Maryland Boards of Education must certify the confidentiality and privacy of any information obtained from such engagements. These entities are required to submit annual reports to the Department of Information Technology detailing the measures implemented to safeguard staff and student data. PSSAM is strongly supportive of the primary focus of the bill aimed at fostering collaboration between the Maryland State Department of Education (MSDE) and the Department of Information Technology (DoIT), to devise strategies for the integration of Generative AI within the education sector. However, we believe the bill is too prescriptive at this time and provide the following suggestions and amendments. Specifically, we believe the scope and rigid requirements for data collection and reporting are onerous and overly burdensome for an undefined purpose or intent. Instead, we believe the bill should focus on retaining the core proposal to have MSDE and DoIT develop technical assistance and guidance for school systems on procuring and implementing AI in local school systems. One of the most concerning aspects of the bill is that its definition of “artificial intelligence” could potentially encompass a broad spectrum of interfaces with computer systems. As defined, AI would make every piece of software from 1994 to now “reportable”. For example, we use Adaptive Technology to present testing questions to students, which adjusts the questions based on prior answers. Also, Microsoft Word and Google have predictive text completion.  The current definition is too broad and would generate a list that includes 95% of our educational resources. As a start, there should be a differentiation between AI as a whole, and Generative AI and GPT models. The provision below is also extremely important to clarify because it applies to every software purchase we will make and getting DoIT’s approval before making these purchases is unrealistic and likely, not the intent of the legislation. Page 5 (B) THE POLICIES AND PROCEDURES REQUIRED BY THIS SECTION SHALL: (1) SUBJECT TO ANY OTHER APPLICABLE LAW, GOVERN THE DEVELOPMENT, PROCUREMENT, IMPLEMENTATION, UTILIZATION, AND ONGOING ASSESSMENT OF SYSTEMS THAT EMPLOY ARTIFICIAL INTELLIGENCE BY A COUNTY BOARD; AND (2) BE SUFFICIENT TO ENSURE THAT THE USE OF ANY SYSTEM THAT  EMPLOYS ARTIFICIAL INTELLIGENCE BY A COUNTY BOARD DOES NOT: (I - III) ………….. (IV) COLLECT PERSONAL INFORMATION FROM A STUDENT, GROUP OF STUDENTS, PRINCIPAL, TEACHER, OR STAFF, WITHOUT THE WRITTEN APPROVAL OF THE DEPARTMENT OF INFORMATION TECHNOLOGY. This legislation adds to the growing list of inventory collections in technology that LEAs must submit to the state.  The bill says that each LEA will identify a staff member responsible for facilitating the use of AI as well as districts submitting not only the names of tools that use AI (which, according to the bill’s definition, would be almost everything), but also the following: A description of the capabilities of the system A statement of purpose and the intended use of the system. This is a tremendous amount to require of school systems on top of what has already been mandated over the past few years coming out of the pandemic's digital transformation. Additionally, since almost all LEAs use almost ALL of the same tools for students and staff, if there is a desire (and stated purpose/outcome) for this inventory - it should be done at the State level in some manner, rather than have each LEA, with their limited staff, doing the same work 24 different times. In addition to the prescriptive nature of the reporting requirements, the requirements appear to diverge from the White House’s 2023 directive, which emphasizes the imperative of shifting accountability back to companies involved in the manufacturing of products/services, thereby alleviating the burdens imposed on end-users. As the Fiscal Note accurately describes, the reporting and inventory requirements will result in increased costs for school systems. As many systems are facing educator layoffs this year, it is hard to contemplate creating a new, unfunded mandate that may add to already difficult budget and staffing decisions. To quote the Fiscal Note: “Anne Arundel County Public Schools anticipates needing to hire a dedicated teacher specialist with experience in AI; Montgomery County Public Schools anticipates needing to hire two staff: one dedicated to the technical aspects of AI; and one with focused on AI use by teachers and students; Further details not provided in the Fiscal Note:  An IT staff to manage and audit AI systems, an additional technology instructional specialist for professional development and training for staff and students on AI and its responsible use, and money to either purchase and integrate or build an inventory catalog solution. Prince George’s County Public Schools did not specify a need for staff, but anticipates a significant burden on existing staff to survey hundreds of entities that provide digital tools to the school system to determine whether they use some form of AI; St. Mary’s County Public Schools anticipates needing to hire one coordinator of IT security to implement the bill’s requirements. Again, we applaud the sponsors for their foresight with this legislation. We pledge our support to work with the affected and appropriate stakeholders to craft a meaningful and implementable policy as we continue with the ever increasing use of artificial intelligence in public education. For these reasons, PSSAM requests a favorable with amendments report for SB 979.

BILL: SB 937 TITLE: Grow Your Own Educators Grant Program - Established DATE: March 06, 2024 POSITION: Support COMMITTEE: Senate Education, Energy and Environment Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four Maryland local school superintendents, supports Senate Bill 937. This bill establishes the Grow Your Own Educators Grant Program to provide grants to local school systems for employees who pledge to fulfill a certain service obligation as a full-time teacher in the State; requiring the State Department of Education to administer the Program and to take certain actions to develop and implement the Program; establishing the eligibility for certain teacher candidates in the Program and requiring teacher candidates to be paid a certain rate and offered certain benefits under the Program; etc. Local superintendents support the General Assembly's assistance and efforts to address the critical shortages of qualified teachers and school personnel. The teacher shortage in Maryland is well-documented and dire. According to the MSDE 2022-2023 First Day of School Vacancy Data Collection, there were 2,572 total vacancies, with the highest number in special education (581); these vacancies vary significantly across LEAs due to local recruitment and retention efforts. Additionally, enrollment in teacher preparation programs has increased since 2017 but is still 2,300 enrollees short of the 2012 levels (Source: Title II Annual Teacher Preparation State Report).  More alarmingly, teacher attrition has increased from 9.1% in 2014 to 11.2% in 2023, representing over 7,000 educators who did not return to teaching in the 22/23 school year. Lastly, the issuance of conditionally certificated teachers has increased by 136% over the last five years (MSDE - Updates on the Maryland Educator Workforce; 9-12-23 before the Senate Ways and Means Committee). Currently, twenty-three local school systems are administering very successful Grow Your Own programs with the potential to yield more than 300 teachers, 100 new paraprofessionals, and support more than 400 conditionally certificate teachers to pass license exams. PSSAM believes SB 937’s grant program for non-certificated personnel to attend school to gain the credentials to become certificated teachers in teacher shortage areas.This program will aid existing efforts to strengthen the teacher pipeline and serve as a key resource for recruiting and supporting a more diverse workforce. This legislation will also help support and highlight the benefits of teaching in the context of the Blueprint for Maryland’s Future that promises increased starting salaries, clear pathways for upward mobility, and leadership growth. For these reasons, PSSAM supports Senate Bill 937 and requests a favorable report.

BILL: SB 1043 TITLE: Education – Public School Employers and Employees – Subcontracting for Services DATE: March 06, 2024 POSITION: Oppose COMMITTEE: Senate Education, Energy and Environment Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, opposes Senate Bill 1043. This bill prohibits a public school employer from entering into a subcontracting agreement that replaces or supplements any work performed by bargaining unit employees or following the expiration of an existing collective bargaining agreement, except under specified circumstances. The bill establishes a process that must be followed for a local school system to hire subcontractors. Public school employee or exclusive representative affected by a violation of a local school system following the process may file an unfair labor practice with the Public Employee Relations Board (PERB) and may be entitled to a remedy that may include reinstatement, back pay and benefits, tenure and seniority credit, attorney’s fees, expert witness fees and related costs, and any other relief PERB deems appropriate. The bill does not apply to publicly funded full-day prekindergarten programs or the delivery of coordinated community supports, as specified. It is the intention, and public policy of every local school system in Maryland to use public school employees to perform instructional and non instructional functions to the greatest extent possible, rather than contracting with the private sector. However, the reality of workforce shortages in many school operations require private vendors for fully functioning of the system, including bus drivers, food workers, social workers, occupational and physical therapists, speech and language pathologists, psychiatrists, and somatic and behavioral health providers. Unfortunately, some districts have also had significant vacancies in instructional categories, specifically Special Education, and have tried to use private companies to fulfill the educational needs of those vulnerable students. While not prominently explained in the Fiscal Note under “Local Effect,” further in the narrative are important details regarding two large systems - Baltimore City and Montgomery County. The examples provided address direct financial implications of increased service costs. Also, the Fiscal Note acknowledges the costs due to violations of unfair labor practices proposed in this bill are very difficult to estimate. Baltimore City Public Schools (BCPS) are bracing for significant financial consequences. The bill's broad language encompasses a wide array of services BCPS routinely contracts out millions of dollars annually impacting facilities, capital projects, community schools, academic programming, and legal support. Furthermore, under the bill, local school systems must negotiate with relevant unions regarding the impact of proposed contracts on their members and can only endorse contracts that demonstrably yield cost savings, which cannot be achieved through underpaying service providers compared to district employees. However, it remains uncertain how substantial savings could be realized in human services contracts without reducing labor costs. They estimate this legislation would impact every one of their offices and divisions. While we have not had an opportunity to survey all school systems, it is likely that many current teacher contracts already include provisions limiting subcontracting without financial or operational justification. For instance in Montgomery County, work typically handled by union members cannot be subcontracted to entities or workers not covered by the agreement without valid rationale. Additionally, their contract mandates that the Montgomery County Education Association be informed in advance of any subcontracting plans, providing an opportunity for discussion before implementation. Lastly, the operational costs of this legislation are overly burdensome and onerous with additional notifications, negotiations, legal review, and public forums. Overall this bill would severely limit our ability to meet the needs of students and staff when we have vacancies in any school building operations or education needs. While the goals of this bill are laudable, they are in no way based in the realities of running a functional school district, and will lead to a substantial increase in expenditures for most school systems. For these reasons, PSSAM opposes Senate Bill 1043 and requests an unfavorable report..

BILL: HB 789 TITLE: Primary and Secondary Education - Public School Employees - Job Duties and Salaries DATE: February 14, 2024 POSITION: Support with Amendments COMMITTEE: House Ways and Means Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports House Bill 789 with amendments. This bill generally aligns the salary requirements for certificated public school employees who are not eligible for salary increases under the Blueprint for Maryland’s Future due to their subject matter not having a National Board Certification (NBC) standard by establishing an “alternative high-quality educator credential,” as further specified in the bill. Initial potential salary increases take effect as early as fiscal 2025, subject to approval of the career ladder by the Accountability and Implementation Board (AIB) and approval of “alternative high-quality educator credentials.” Further, by July 1, 2026 (fiscal 2027), the minimum salary for all certificated public school employees must be $60,000. PSSAM strongly supports this legislation’s recognition of the important role all educators and staff play in the success of our students. We also support the salary increases for these additional employees who currently are not covered by the Blueprint for Maryland’s Future. While we greatly appreciate the funding limitations of the State and local governments to cover all employees under the Blueprint, the very public salary differentials have affected the harmony and ecosystems in school buildings. In addition, many systems have “me too” clauses that require similar salary increases and benefits among the bargaining units; however, these “other” units are not covered in the Blueprint, and we do not receive funding for them. This has put pressure on our salary scales and may require a shift in how local school systems bargain future contracts. Therefore, we can only support this legislation with an amendment to mandate the identical funding formula currently used for NBC teachers, as well as those included in the expanded group to receive the $60,000 starting salary by July 1, 2026. Without these provisions, the bill poses an extraordinary unfunded mandate on school systems and their local government funding partners. Again, we support all State efforts to attract and retain teachers and staff. We also value the respective national certifications and education attainments by every public school employee and hope that future State and local funding can be identified to provide the highest compensation possible for all school employees. For these reasons, PSSAM supports House Bill 789 with an amendment to mandate State funding and requests a favorable amendment report.

BILL: HB 615 TITLE: Education - Prohibited Behavior on School Grounds and Property - Application DATE: February 14, 2024 POSITION: Support with Amendments COMMITTEE: House Ways and Means Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports House Bill 615 with amendments. House Bill 615 would specify that provisions of law prohibiting and criminally penalizing certain disruptive and threatening behavior on certain school grounds and property do not apply to students who commit offenses at the institution they attend. Additionally, these provisions of law would not apply to students who commit offenses at another institution while participating in or attending a sporting event or other extracurricular program sponsored at that institution. This application would only apply to the following codified provisions: “a person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education”; “a person may not molest or threaten with bodily harm any student, employee, administrator, agent, or any other individual who is (1) lawfully on the grounds or in the immediate vicinity of any educational institution; (2) on a school vehicle; (3) at an activity sponsored by a school that is held off of school property; or (4) on property that is owned by a local school system and is used for administrative or other purposes”; and “a person may not threaten with bodily harm any employee of an educational institution at home by any means, including in person, by telephone, or by electronic mail. This prohibition relates only to the employee’s employment.” Simply put, this bill requires local systems to implement school-based discipline and consequences for students who disrupt the learning environment under these provisions, rather than criminally charge them. This alteration only applies to students, and only applies to the provisions listed above. This bill would not prohibit students from being charged for other crimes while on school grounds. Maryland’s superintendents place the highest priority on providing a safe workplace and learning environment for all students and staff in local school systems. Furthermore, PSSAM supports a progressive student discipline system that emphasizes in-school responses to student behaviors that provide professional, educational, and behavioral health support to affected members of the school community. Additionally, PSSAM supports this bill in its retention of the prohibition against non-student conduct contained in the Education Article, which states that “a person may not willfully disturb or otherwise willfully prevent the orderly conduct of the activities, administration, or classes of any institution of elementary, secondary, or higher education.” House Bill 615 would ensure that any person other than a student who enters a school and willfully disturbs the ongoing education being conducted would continue to be subject to a charge and penalty under the law, in addition to any other applicable crimes contained in Maryland’s criminal law statutes. Under current law, any person who violates any of the provisions listed above is guilty of a misdemeanor and, on conviction, is subject to a fine up to $2,500, imprisonment up to six months, or both. Superintendents are committed to the personal development of all students, a goal furthered by appropriate use of restorative school discipline rather than these criminal penalties. PSSAM strongly believes that this bill furthers this approach. While PSSAM generally supports the application of this bill, we do raise one concern that can be clarified through amendments. As written, this bill would waive criminal penalties for students of a higher education institution who commit the specified offenses on elementary, middle, or high school grounds. For example, an adult who is enrolled in a local college who commits one of these offenses while attending a sporting event at a local high school could not be criminally charged if this bill were to go into effect. For the safety of all students, PSSAM requests that amendments be added to clarify that students of higher education who commit an offense on K-12 grounds are still subject to criminal penalties. PSSAM believes that the spirit of this bill is not impacted by this amendment, and ultimately, this amendment would serve to ensure that adults could be charged under these provisions of law, regardless of their enrollment in any higher education institution. For these reasons, PSSAM supports House Bill 615 with the amendments outlined above, and requests a favorable committee report.