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BILL: HB 1175 TITLE: Education – Public School Employers and Employees – Subcontracting for Services DATE: February 28, 2024 POSITION: Unfavorable 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 1175. 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 House Bill 1157 and requests an unfavorable report..

BILL: HB 196 TITLE: Motor Vehicles - School Buses - Seat Belts DATE: February 29, 2024 POSITION: Favorable with Amendments COMMITTEE: House Environment and Transportation Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four local school superintendents, supports HB 196 with amendments. This bill requires every school bus purchased on or after October 1, 2024, and registered in the State to be equipped with seat belts that are accessible to passengers for every seat on the school bus. Likewise, every school bus in operation before October 1, 2024, must have seat belts that are accessible to passengers installed for every seat on the school bus by October 1, 2026. Local school systems must provide student instruction on school bus safety and the proper use of seat belts on school buses, as part of an existing program of safety education. A person may not operate a school bus that is equipped with seat belts unless the person and each occupant are restrained by a seat belt. A person convicted of a violation of this requirement is subject to a fine of up to $50. As under current law, “seat belt” is defined as any belt, strap, harness, or like device. Persons responsible for pupils on a school bus may not allow any pupil to stand while the school bus is in motion. PSSAM appreciates the intent of House Bill 196 and the sponsors’ concern for the safety and well-being of students on school buses.  The safe transportation of our students is a top priority for all local superintendents.  PSSAM is pleased to support this bill with amendments to be presented by the sponsor that do the following: 1. Remove the requirement for retrofitting buses. 2. Remove liability from bus drivers for students who unbuckle. 3. Generally address concerns about pupils standing while the bus is in motion. 4. Make the bill prospective for purchases of new school buses starting in fiscal year 2027. 5. Clarification on the type of seat belt. While we still believe that school buses are almost 40 times safer than any other form of ground transportation in preventing serious injury or death**, we understand that the installation of seat belts on buses is a matter of when, not if; and, we appreciate the sponsor’s willingness to work with school systems to mitigate the financial and operational impact of changing our bus fleet. We particularly want to thank the sponsor for taking our concerns seriously regarding student behavior on school buses.  Although we implement numerous strategies and procedures to lessen the chance of inappropriate action on the part of students, this can be a difficult task in addition to ensuring each student is buckled and sitting in their seat for the entire ride. Therefore, PSSAM supports House Bill 196 with amendments crafted by the sponsor and urges a favorable with amendments committee report. **School bus safety requirements are rigid and go well beyond those required for all other passenger vehicles.  School buses are constructed with high back padded seats, compartmentalized seating, reinforced chassis, and front and rear bumpers.  Compartmentalization provides a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs.  Local school systems adhere strictly to these guidelines.  School buses have done an exceptional job of protecting students from serious injury or death in severe head-on and rear-end collisions.

BILL: HB 1027 TITLE: Education - Primary and Secondary Schools - Alternative School Options (Right to Learn Act) DATE: February 21, 2024 POSITION: Unfavorable 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 local school superintendents, opposes HB 1027. This bill requires that on or before January 1 each year, each county board of education to provide certain information to the parents or legal guardians of students who attend a failing school; requiring a failing school to retain the failing school designation until the school receives a certain rating; requiring students who are attending a failing school to be provided the opportunity to attend an alternative school; establishing the Broadening Options and Opportunities for Students Today Program; etc. In 2016, the BOOST program was created and established a $5 million annual appropriation to provide vouchers for students who are eligible for the free or reduced-price lunch program to attend eligible nonpublic schools. PSSAM, along with our partners in education advocacy such as the Maryland Association of Boards of Education (MABE) and the Maryland State Education Association (MSEA), has consistently opposed legislation to further codify the establishment of the BOOST program. PSSAM does not believe that this legislation is needed to promote parental choice among the public and non-public schools in the State. Maryland enjoys a wide array of educational opportunities for all students, including a consistently high performing public education system and within several school systems, charter schools continue to grow at a rapid pace. Unlike nonpublic and private schools, with the exception of nonpublic special education schools, Maryland public schools are held strictly accountable by local, State, and federal laws and regulations such as teacher education and certification, academic standards, and anti-discrimination laws. Local superintendents fully recognize that strong accountability measures for Maryland’s 900,000 public school students translates into strong accountability for public dollars invested in education. In addition, it is important to note that public schools provide effective educational programs for all students, including special education, English language learners, early childhood, and rigorous high school programs that are not always available in parochial and private schools. PSSAM strongly emphasizes our concern in allocating public dollars to support nonpublic programs that are not regulated under the same standards as public programs. We strongly urge the committee to consider the serious economic, constitutional, legal, and public policy consequences of the existing BOOST program, as well as any proposals to increase public funds to its operations as outlined in this legislation. PSSAM strongly opposes the establishment of a permanent funding stream that would ultimately finance private schools. The financial needs of our public-school students must take priority over those who choose a private or parochial education. For these reasons, PSSAM strongly opposes HB 1027 and urges an unfavorable committee report.

BILL: HB 1167 TITLE: Maryland Center for School Safety - Statewide Secure Schools  Emergency Response Program - Established DATE: February 21, 2024 POSITION: Unfavorable COMMITTEE: House Ways and Means 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 HB 1167. House Bill 1167 establishes the Statewide Secure Schools Emergency Response Program to be administered by the Maryland Center for School Safety to improve the safety and security of public schools in the State by implementing a certain emergency notification system; requiring the Center to ensure that the Program has been implemented in each public school in the State on or before September 1, 2026; and requiring the Governor to include in the annual budget bill for fiscal year 2026 an appropriation of $4,500,000 for the Program. PSSAM appreciates the sponsor’s interest and advocacy on this extremely important topic of student safety; however, we strongly oppose efforts to mandate protocols and programs that override local decision-making in these efforts. This legislation is extremely prescriptive and requires a program with an incredibly specific set of requirements that is almost impossible to find in the current marketplace. With safety programs that require local system integration, best practices call for local decision making and collaboration between school systems and their emergency responding agencies. We support the Maryland Center for School Safety’s (MCSS) opposition to a one-size state procured system, not an opposition to the creation of a panic button system. In fact, MCSS reports that in response to last year’s SB 677 (Safety – Statewide Secure Schools Emergency Response Program – Established), they convened a group of stakeholders including MDEM, local emergency managers, local 9-1-1, and local school system safety experts to conduct a study on integrated systems. The results indicated there are evidence-based ways to improve school safety, specific to emergency communications, that would be more valuable than a statewide panic-button system, such as intercoms, PAs, BDAs, and CAD to CAD integration. PSSAM continues to support MCSS’ research and development of best practices to guide any enhancements of local emergency response systems over a legislatively mandated system, such as the one provided in this bill. For these reasons, PSSAM requests an unfavorable report on House Bill 1167.

BILL: SB 724 TITLE: Motor Vehicles - School Buses - Seat Belts DATE: February 22, 2024 POSITION: Unfavorable COMMITTEE: Senate Judicial Proceedings Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four local school superintendents, opposes HB 724. This bill requires every school bus purchased on or after October 1, 2024, and registered in the State to be equipped with seat belts that are accessible to passengers for every seat on the school bus. Likewise, every school bus in operation before October 1, 2024, must have seat belts that are accessible to passengers installed for every seat on the school bus by October 1, 2026. Local school systems must provide student instruction on school bus safety and the proper use of seat belts on school buses, as part of an existing program of safety education. A person may not operate a school bus that is equipped with seat belts unless the person and each occupant are restrained by a seat belt. A person convicted of a violation of this requirement is subject to a fine of up to $50. As under current law, “seat belt” is defined as any belt, strap, harness, or like device. Persons responsible for pupils on a school bus may not allow any pupil to stand while the school bus is in motion. PSSAM appreciates the intent of Senate Bill 724 and the sponsors’ concern for the safety and well-being of our students on school buses.  The safe transportation of our students is a top priority for all local superintendents.  However, PSSAM respectfully opposes Senate Bill 724 for the following reasons. Statistically, school buses are at least 40 times safer than any other form of ground transportation in preventing serious injury or death. School bus safety requirements are rigid and go well beyond those required for all other passenger vehicles.  School buses are constructed with high back padded seats, compartmentalized seating, reinforced chassis, and front and rear bumpers.  Compartmentalization provides a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs.  Local school systems adhere strictly to these guidelines.  School buses have done an exceptional job of protecting students from serious injury or death in severe head-on and rear-end collisions. The National Association for Pupil Transportation (NAPT) and the National School Transportation Association (NSTA) have jointly expressed concern to the National Highway Traffic Safety Administration about the call for seat belts on school buses.  NAPT and NSTA agree that, while they are not opposed to seat belts, they stressed that any mandate on the occupant restraints should wholly rely on scientific data and must not result in school districts cutting transportation service because of any budget shortfalls that may arise from being forced to purchase seat belts. NAPT and NSTA also express concern that students may not correctly wear the seat belts and that the restraints could impede evacuation in the event of an emergency. Another concern we have relates to student behavior on school buses if seatbelts are installed.  Although we implement numerous strategies and procedures to lessen the chance of inappropriate action on the part of students, we have apprehension about the possibility that a student could actually use a seat belt to inflict bodily harm on another student. This is in addition to the difficult task of ensuring each student is buckled and sitting in their seat for the entire ride. PSSAM supports any measure to improve student safety.  However, given the overall safety record of our school buses measured against the unfunded cost and the reasons detailed above, it is difficult for us to support this legislation in the present fiscal climate. Therefore, PSSAM opposes Senate Bill 724 as an unfunded mandate with significant cost to local school systems, and urges an unfavorable committee report.

BILL: HB 1157 TITLE: Grow Your Own Educators Grant Program - Established DATE: February 21, 2024 POSITION: Support COMMITTEE: House Ways and Means 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 Maryland local school superintendents, supports House Bill 1157. 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 House 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 HB 1157’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 House Bill 1157 and requests a favorable report.

BILL: HB 1076 TITLE: Education - Blind and Visually Impaired Students - Textbook Equity DATE: February 21, 2024 POSITION: Favorable 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 1076 with amendments. This bill requires, by January 1, 2025, publishers that sell textbooks in the State to provide an electronic file of the textbook in a specified standard to the National Instructional Materials Access Center. It further requires local boards of education to, by January 15 of each year, determine the instructional materials that will be used in the upcoming school year. A local board must coordinate with the Instructional Resources Center (IRC) to provide the instructional materials in a specialized format to students who are blind or visually impaired, no later than the first day of classes of the upcoming school year. The Maryland State Department of Education (MSDE) must provide support to the IRC to ensure that textbooks and supplemental materials in a specialized format are available to blind and visually impaired students statewide. If the instructional materials are not available in a specialized format at the IRC and cannot otherwise be obtained, MSDE must cover the cost to produce the instructional materials in braille or large print. PSSAM supports the purpose and intent of House Bill 1076 to ensure accessibility for vision-impaired students to textbooks and other instructional materials. PSSAM believes that each student should have high quality and accessible instructional materials, and all Individualized Education Plans (IEP) and 504 plans that account for specialized materials should be met with expediency and accuracy. However, PSSAM requests an amendment to remove January 15th as the annual date by which all instructional materials will be determined for the upcoming school year. This provision is overly broad and seemingly arbitrary. Also, as previously indicated, individual education plans and 504 plans determine the specific needs of each student and may occur at any time during the school or calendar year. PSSAM supports a special education system that respects the dedication and professional expertise of special educators and school administrators to develop, in collaboration with parents, individual education programs (IEPs) to identify and determine the most appropriate services and learning materials for students.  With the amendments described above, PSSAM welcomes the additional services HB 1076 would provide to our special education students and families. For these reasons, PSSAM supports House Bill 1076 and requests a favorable with amendments report.

BILL: HB 971 TITLE: Public Schools – Interscholastic Athletics – Student Eligibility Waiver and School Classification DATE: February 14, 2024 POSITION: Information COMMITTEE: House Ways and Means Committee CONTACT: Mary Pat Fannon, Executive Director, PSSAM The Maryland Public Secondary Schools Athletic Association (MPSSAA) offers this written testimony regarding House Bill 971, Public Schools – Interscholastic Athletics – Student Eligibility Waiver and School Classification. The MPSSAA recognizes the growing alternatives to the traditional school experience for enrolled students. House Bill 971 would authorize county boards of education to waive eligibility regulations so that a student who is attending a public school that is not the student’s “zoned school” may participate in interscholastic athletics at the student’s zoned school, if the student’s school of attendance does not have an interscholastic athletics program. The MPSSAA respectfully requests the following information be taken into consideration regarding the possible impacts of House Bill 971. Interscholastic athletics in Maryland public schools are governed by the MPSSAA. The MPSSAA receives its authority from the Master Agreement Outlining the Interscholastic Athletic Structure for Public Schools in Maryland. Each of the 24 local educational agencies (LEAs) and the Maryland State Department of Education are signatories of that agreement. The regulations found in COMAR 13A.06.03 provide for a well-balanced interscholastic program and equity of competition for over 112,000 public school participants annually. The MPSSAA Board of Control, at their legislative meeting in December 2023, debated a proposal from Washington County Public Schools through the amendment process in COMAR 13A.06.03.11 that is similar to House Bill 971. The deliberations identified a number of challenges that are discussed in more detail below, including differences in how each LEA zones schools, increased transportation demands within an already tight school system budget, and inequities among zoned schools without sport programs and non-zoned schools without sport programs. The MPSSAA Board of Control was unable to support a measure like House Bill 971 because of these inequities and continues to discuss regulatory amendments to expand participation opportunities equitably across all jurisdictions. COMAR 13A.06.03.01 states, “Local school systems may adopt rules governing their athletic programs that are more restrictive than those of the MPSSAA. Less restrictive rules may not be adopted.” This regulation sets a baseline agreement among all LEAs for equitable participation and competition between interscholastic athletic programs across the State. House Bill 971 would disrupt that baseline by creating less restrictive eligibility criteria for some jurisdictions. The MPSSAA is aware of one LEA (Baltimore City Public Schools) that does not designate zoned high schools for students. Thus, House Bill 971 would provide an opportunity for students in certain parts of the State that is not afforded to the thousands of student participants from Baltimore City or other LEAs that do not have zoned schools for their students. House Bill 971 states, “A county board may waive the eligibility regulation if “[t]he public school the student attends . . . does not have an interscholastic athletics program.” This statement draws into question whether “interscholastic athletics program” means any sport or the sport in which a student seeks to participate. This definition is crucial to equitable participation. Some LEAs do not offer complete programming at a non-zoned school. The MPSSAA would need to understand if students are allowed to participate in one sport at their zone school while remaining affiliated with the school of attendance for another sport. House Bill 971 could pose challenges when reporting the number of students enrolled (counting students twice), raise questions about multi-sport participation in the same sport season, and create an inequity for students at a zoned school without a sport offering as compared to students at a non-zoned school without a sport offering. House Bill 971 only allows a student at a non-zoned school to compete at a zoned school but does not address students at zoned schools without a sports program. Furthermore, each LEA is already experiencing the pressure that the NCAA transfer portal has created, with students and families attempting to transfer schools for athletic purposes on a yearly basis. House Bill 971 does not consider transportation responsibilities or costs on LEAs. If a student is enrolled at a non-zoned school, but is allowed to participate at their zoned school, the LEA may incur transportation costs to return the student to their zoned school for practice and contests or may need to transport the student from their non-zoned school to meet their zoned school at an away sporting contest. House Bill 971 also does not take into consideration administrative oversight of two different schools, including attendance policies, discipline, and health and safety services such as follow-ups on concussions or other injuries. Lastly, COMAR 13A.06.03.06 requires each LEA to submit to the MPSSAA the actual enrollment of students at each member school so that the MPSSAA can determine classifications based on the total number of students the school may draw participants from. When fielding a team, a school with a pool of 2,000 students has a competitive advantage over a school with a pool of 300 students, even if only one student participates. House Bill 971 does not consider the pool of students from the non-zoned school, but rather only factors in the actual participant that is given a waiver. The MPSSAA respectfully requests that you consider this information as you deliberate House Bill 971.

BILL: HB 903 TITLE: Education - Access to Attorneys, Advocates, and Consultants for Special Education Program and Fund - Established DATE: February 21, 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 HB 903 with amendments. House Bill 903 establishes the Access to Attorneys, Advocates, and Consultants for Special Education Fund and Program. This program is to be administered by the Maryland Volunteer Lawyers Service (MVLS) to provide legal and non-legal (advocacy) special education assistance to students and families. Local superintendents consistently place top priority on providing special education services to our students.  We strive to ensure that our students receive high quality special education programs and instruction that will meet their individual needs. We work diligently to adhere to comprehensive federal and state requirements to serve our special education students. PSSAM supports the innovative nature of this legislation, but suggests several amendments to ensure the program’s successful implementation. The bill should be amended to further define “advocate” to provide quality control on who is being paid to speak for, or represent, some of our most vulnerable students. Similarly, there should be more stringent requirements and criteria delineated regarding training for attorneys, advocates and consultants to ensure that they are knowledgeable on all aspects of state and federal special education regulations and statutes. According to our special education directors, a misinformed advocate or representative can do serious damage to the delicate and deliberative process of ensuring the most appropriate special education services. The bill could be amended to require the MVLS share and develop training and vetting criteria without a group of stakeholders before embarking on the recruitment process; this group should include MSDE, local special education directors, disability rights advocates, and representatives from the Judiciary. It may be useful to amend the bill’s income thresholds to match the eligibility standards set by the federal Free and Reduced Price Meals (FARMS) program that are more familiar to families and staff. Additionally, the bill established a list of program eligibility that slightly differs from the existing criteria for a due process proceeding that may be filed under the Individuals with Disabilities Act (IDEA); this too may be confusing for families and LEA staff. Lastly, we request that the new reporting requirements by LEAs be removed from this bill (p. 8, lines 1-17). The new requirements are not related to the work of the new Program or Fund, are  largely duplicative of other special education reporting, and do not have a clear purpose or rationale for additional reporting. Special educators are responsible for important medical billing and related administrative functions that require accurate data recordation and meaningful reports that are shared with families on a formal basis each quarter and on an informal basis throughout the student's tenure with the school system. These existing reports allow the school team and parents to effectively understand student needs, track progress, and pivot practices and strategies for success. The bill’s new reporting requirements do not appear to enhance this process and unless explained, would be appropriately amended out of this bill. PSSAM supports a special education system that respects the dedication and professional expertise of special educators and school administrators to develop, in collaboration with parents, individual education programs (IEPs) to identify and determine the most appropriate services for students.  With the amendments described above, PSSAM welcomes the additional services HB 903 would provide to our special education students and families. For these reasons, PSSAM requests a favorable with amendments report on House Bill 903.

BILL: SB 579 TITLE: Primary and Secondary Education – Breakfast and Lunch Programs – Universal Expansion DATE: February 14, 2024 POSITION: Favorable COMMITTEE: Senate Budget and Taxation 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 579. This bill requires the State Board of Education to ensure that by fiscal 2026 schools that participate, respectively, in the federal School Breakfast Program must offer a free breakfast to all students and in the National School Lunch Program must offer a free lunch to all students. Beginning in fiscal 2026, the State is responsible for reimbursing a local board of education or a participating nonpublic school for the cost of offering free breakfasts and lunches meeting U.S. Department of Agriculture (USDA) guidelines. The State must (1) for schools participating in the federal Community Eligibility Provision (CEP) pay the difference between the federal funds allocated to those schools and the cost of offering each student a meal, and (2) for other eligible schools, pay the difference for each student between the USDA free meal rate and paid meal rate. Some provisions exempting elementary schools from the requirement to provide a free breakfast are repealed. PSSAM strongly supports this legislation and the State’s generous participation. Based on our experiences during Covid in feeding students and families, we are extremely confident that all twenty-four local school systems will be able to implement such an ambitious program effectively and efficiently. The research on free meals for all students is vast and universally confirms the positive impact on student achievement, including academics and behavior. According to Madelein Levin and Jessie Hewins, the authors of Universal Free School Meals: Ensuring That All Children are Able to Learn, their findings include increased participation in meal programs, in part due to the removal of the stigma of “free lunch.” In addition, there is no room for error in identifying food-challenged students with the elimination of paper applications. Students in school meal programs are also more likely to eat healthier foods, including fruits, vegetables, and milk. In turn, these healthier eating habits positively impact lower childhood obesity. Removing the transaction of paying for meals also results in more time for students to eat. According to Levin and Hewins, families also benefit strongly from free meal programs as it reduces their financial burden of purchasing two meals a day for their children. Lastly, research shows that a consistently well-fed student is a better student, test-taker and participant in school. Participation in the free meal programs is also linked to fewer absences, increased attention span, decreased tardiness and behavior problems, and overall, an improved school environment. For these reasons, PSSAM supports Senate Bill 579 and urges a favorable report.

BILL: SB 571 TITLE: Consumer Protection – Online Products and Services – Data of Children (Maryland Kids Code) DATE: February 14, 2024 POSITION: Favorable COMMITTEE: Senate Finance 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 571. This bill requires a “covered entity” that provides an online product reasonably likely to be accessed by children to complete a “data protection impact assessment” of the online product. The bill establishes numerous rules, procedures, and prohibitions related to the assessments. A covered entity that violates the bill’s requirements is subject to a civil penalty of up to (1) $2,500 per affected child for each negligent violation and (2) $7,500 per affected child for each intentional violation. A data protection impact assessment is protected as confidential and must be exempt from public disclosure, including under the Maryland Public Information Act. Violation of the bill is an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act (MCPA), and subject to MCPA’s civil and criminal penalty provisions. However, a violator is not subject to specified MCPA penalty provisions related to merchants. With the ubiquitous usage of smartphones and social media by young people, the unregulated social media platforms are increasingly causing mental health concerns among teenagers and their families. Along with the behavioral health concerns that can stem from inappropriate online content, the invasive collection of data, and the purposeful and addictive advertising and communications strategies employed by these social media companies deserve a public health response and regulation from the government at the federal, state, or local level. This legislation would put Maryland in the good company of California and the UK where regulations and laws are in place to prioritize children’s privacy through age appropriate design codes. For these reasons, PSSAM supports Senate Bill 571 and urges a favorable report.

BILL: SB 441 TITLE: Janet L. Hoffman Loan Assistance Repayment Program - Nancy Grasmick Public School Professional Award - Public School Nurses DATE: February 14, 2024 POSITION: Favorable COMMITTEE: Senate Education, Energy, and the 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 Senate Bill 441. This bill expands eligibility for the Nancy Grasmick Public School Professional Award to include public school nurses with two years of experience who provide health services in a public school and are employed by a local school system or local health department (LHD) to provide health services through an agreement with a local board of education. The bill also expands the requirements of the Maryland Higher Education Commission (MHEC) to publicize the program to include doing so to eligible public school nurses in an effort to recruit and retain nurses working in public schools in the State. The Nancy Grasmick Teacher Award was created in 2012 within Janet L. Hoffman LARP for Maryland. Last year, this program expanded eligibility to include mental health professionals (including school psychologists, resource psychologists, psychologist coordinators, social workers, social worker supervisors, school counselors, or mental health coordinators), but left out school nurses. This legislation corrects that oversight and PSSAM strongly encourages its inclusion via this legislation. School nurse shortages are a significant problem in Maryland and we support any initiatives that will encourage students to enter the field of nursing and specifically work in public education. Nursing, like teaching, is not a highly paid profession, but a labor of love for students and learning and nurses are a backbone of support for students and their families in school settings. The demand on school nurses has grown exponentially from managing basic first aid to providing comprehensive health services and medication management for the increasing number of students with chronic health problems. In addition to hands-on treatment for students, nurses are educators who promote and support healthy development and safety for the school community. In far too many circumstances, school nurses are the first, or only, medical professionals for under-served students and families. In short, nurses play a crucial role in the somatic and behavioral health of school ecosystems, and in turn, aid in the academic success for students. For these reasons, PSSAM supports Senate Bill 441 and urges a favorable report.