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BILL: SB 681 TITLE: Education–Virtual Schools–Access to Extracurricular Activities and Athletics DATE: March 1, 2023 POSITION: Support with Amendments COMMITTEE: Education, Energy, and the Environment CONTACT: MaryPatFannon,ExecutiveDirector, PSSAM The Public School Superintendents’ Association of Maryland (PSSAM), on behalf of all twenty-four public school superintendents, supports with one amendment, Senate Bill 681. This bill requires a virtual school to provide each enrolled student with access to (1) extracurricular activities at the public school the student would otherwise be required to attend and (2) notwithstanding any other law or regulation, and subject to a participation agreement between the public school and the parent of the student, participation in organized athletics and on athletic teams at the public school the student would otherwise be required to attend. A virtual school must also provide to parents of enrolled students informational materials on the access to extracurricular activities and athletic participation provided for under the bill. The COVID-19 pandemic has created many challenges in the delivery of public education. However, it has highlighted the value and potential of virtual learning. There is no doubt that virtual learning will continue as an important component of public education, well past the end of this pandemic. As the state’s top educators, superintendents embrace this new mode of learning and feel it is a welcome supplement to the high-quality education already provided in Maryland schools. PSSAM supports the intention to offer equal access to virtual students to all services at a brick and mortar schools. However, provisions requiring virtual schools to offer enrolled students access to extracurriculars, wrap-around services, food and nutrition services, and equivalent health care services is important but may be too restrictive. We seek language that allows that these may be provided by the entire LEA and not just at the student’s “home school,” and in accordance with local board policies and procedures, and offered to the “extent practicable.” While many of our programs for the last two years have provided many of these amenities, this is not happening 100% across all LEAs. Some have focused on the food and wrap-around services, while others have limited participation in sports and extracurriculars for various reasons including operational difficulties with transportation. It is important to remember that virtual schools are a choice for families and expectations should be clear that this is a different opportunity compared to traditional in-person schools with some trade-offs. As such, local boards and superintendents should have the right to set the criteria for participation in a virtual program. For these reasons, PSSAM supports Senate Bill 681 with amendments discussed above.

BILL: HB 514 TITLE: Education - Maryland Meals for Achievement In-Classroom Breakfast Program - Annual Appropriation DATE: February 28, 2023 POSITION: Support COMMITTEE: Appropriations 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 House Bill 514. This legislation increases the annual appropriation for the Maryland Meals for Achievement In–Classroom Breakfast Program from $7,550,000 to $12,050,000. According to Maryland Hunger Solutions, Maryland leads the country in ensuring that students can start the day ready to learn with the Maryland Meals for Achievement (MMFA) program. This program provides state funds to leverage and supplement federal funds for breakfast in the classrooms for all students. A school is eligible when at least 40% of students qualify for free or reduced-price meals. 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 eligible schools 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 House Bill 514 and urges a favorable committee report.

BILL: SB 573 TITLE: School Health and Vision Services – Screenings and Eye Examinations DATE: February 24, 2023 POSITION: Oppose COMMITTEE: Education, Energy, and the Environment 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 573. Senate Bill 573 requires local boards of education or local health departments to provide vision screenings to specified students and to ensure students who fail a vision screening receive an eye examination and, if recommended, eyeglasses. The bill further requires that, before a student may enroll in public school, the student must return a completed eye examination form to the local board or LHD. Further, the bill establishes a Pediatric Vision Program, to facilitate communication between pediatric optometrists and ophthalmologists and school health professionals, and the Vision for Maryland Program, to expand the services provided by Vision to Learn (VTL) to every county in the State. PSSAM’s primary concern with Senate Bill 573 is the significantly expanded scope of mandated school-based vision screenings, as well as prescriptive procedures and vision services. Any mandated expansion of the annual vision screenings impacts both local school systems and county health departments, both of which are required to provide vision screenings to students as specified in existing law. PSSAM supports maintaining the current law, under §7-404 of the Education Article, which directs existing protocols for hearing and vision screenings. Under current law, vision screenings are mandated upon entering school, in grade one, and grades eight or nine. If, as proposed in this bill, the mandated annual vision screenings are expanded to include either third or fourth grade, the costs for doing so would be imposed on local school systems or local health departments, creating an unfunded mandate. Maryland’s superintendents champion a statewide approach to vision screening that ensures the timely assessment of each student’s hearing and vision health condition. PSSAM appreciates the bill’s proposal to mandate state funding for the new and expanded “Vision for Maryland” programs. However, there is no state funding identified for the costs of administering expanded vision screenings that will fall under the responsibility of school systems and local governments. In addition to the expanded number of mandated vision screenings, the bill further requires school systems to “ensure” that a student receives the recommended eyeglasses. As laudable as this goal is, it must be supported by state resources to ensure equity for each student and family. For these reasons, PSSAM opposes Senate Bill 573 and urges an unfavorable report.

BILL: SB 629 TITLE: Primary and Secondary Education - Policies on Bullying, Harassment, or Intimidation - Revisions DATE: February 24, 2023 POSITION: Oppose COMMITTEE: Education, Energy, and the Environment 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 Senate Bill 629. Senate Bill 629 would require local school systems to notify the parent or guardian of a student who is the victim of bullying or harassment within twelve hours of an incident. The bill also waives the parental notification requirement after an incident at the discretion of the student if the incident was found to be motivated by the student’s actual or perceived sex, sexual orientation, or gender identity. Additionally, the Maryland State Department of Education (MSDE) would be required to update the model policy regarding bullying, harassment, or intimidation by September 1, 2023. PSSAM recognizes the importance of maintaining an inclusive environment for students' expression of sexual orientation and gender identity, but this bill creates a potential for serious liability concerns and legal ramifications as an unintended consequence. Most importantly, the victim may not receive the services he or she needs due to the lack of parental involvement. Under current statute and model policies developed by the Maryland State Department of Education (MSDE), school systems are required to notify the parent or guardian of a student who is a victim of bullying, harassment, or intimidation within three business days of an alleged incident, regardless of the motivation of the perpetrator to inflict harm. This bill removes the requirement for schools to notify a parent or guardian if the incident was motivated by the victim's actual or perceived sex, sexual orientation, or gender identity. Instead, notification would only occur at the student’s discretion. Maryland superintendents promote the utilization of a range of integrated tiered supports for both victims and students exhibiting bullying behaviors, as well as individualized, intensive supports when necessary. Parents and guardians across the state place the utmost trust in local school systems in providing a safe learning environment for all students, a duty that cannot be accomplished without active parental participation. Removing current language that requires parental notification opens local systems to legal action, but more importantly, could prevent the bullied student from receiving appropriate attention at home and school. While topics of gender and sexuality can be sensitive subjects, the motivation behind any one incident of bullying or harassment, regardless of the subject matter, does not constitute the need for wholesale change in a model policy. We believe that the current policies protect both the student and the school system. Local school systems make every effort to provide culturally responsive social and emotional support for targeted students. These efforts are integrated with trauma informed care and restorative practices to best serve the interest of all involved parties. For these reasons, PSSAM opposes Senate Bill 629 and urges an unfavorable report.

BILL: SB 321 TITLE: Public Schools - Length of School Year and Innovative School Scheduling Models - Revisions DATE: February 22, 2023 POSITION: Support COMMITTEE: Education, Energy, and the Environment 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 Senate Bill 321. Senate Bill 321 alters current law requiring a certain length of school year for student attendance. Additionally, this bill would authorize county boards of education to explore the use of innovative school scheduling models, including an extended year, year-round schooling, a 4-day school week, and other models. However, the bill creates guardrails by ensuring there are no prolonged lapses in instructional time. Current State law requires that public schools be in session for both 180 days and a minimum number of seat hours (1,080 at the elementary and middle school levels, and 1,170 at the high school level). This legislation will allow school systems to meet the minimum number of seat hours required, but removes existing constraints that require these hours be met during a ten-month period over the course of a school year of at least 180 days. To be clear, such a change would not mandate that any school system alter current operations in any way. Under this legislation, local school systems will still be required to meet the existing minimum number of seat hours for all students. The delivery of public education must evolve. If the COVID-19 pandemic taught us one lesson, it is that the traditional model of educating students is not the only way to educate students. We learned that some students can learn and excel in much more creative models and these models deserve more research and consideration. Maryland’s superintendents unanimously agree that implementing flexible scheduling models at the discretion of local systems provides additional creative options that allow for the delivery of a free and appropriate public education that best meets the needs of all Maryland students. Therefore, PSSAM strongly supports this innovative piece of legislation to recognize and explore these new, more flexible models. For these reasons, PSSAM supports Senate Bill 321 and urges a favorable report.

BILL: SB 559 TITLE: Education - Maryland Meals for Achievement In-Classroom Breakfast Program - Annual Appropriation DATE: February 22, 2023 POSITION: Support COMMITTEE: Budget and Taxation / Education, Energy, and the Environment 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 Senate Bill 559. This legislation increases the annual appropriation for the Maryland Meals for Achievement In–Classroom Breakfast Program from $7,550,000 to $12,050,000. According to Maryland Hunger Solutions, Maryland leads the country in ensuring that students can start the day ready to learn with the Maryland Meals for Achievement (MMFA) program. This program provides state funds to leverage and supplement federal funds for breakfast in the classrooms for all students. A school is eligible when at least 40% of students qualify for free or reduced-price meals. 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 eligible schools 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 559 and urges a favorable report.

BILL: HB 737 TITLE: Alternative Education Options - Right to Learn and Broadening Options and Opportunities for Students Today Programs (Right to Learn Act of 2023) DATE: February 22, 2023 POSITION: Oppose COMMITTEE: Ways and Means 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 House Bill 737. House Bill 737 requires each county board of education, on or before January 1st of each year, to provide the parent or guardian of a student attending a failing school notice that the school is failing, as well as a list of alternative school options for the student. Additionally, this bill establishes the Right to Learn Program, which would provide students who attend a failing school the choice to pursue an alternative education option with scholarships established under the Broadening Options and Opportunities for Students Today (BOOST) Program. In 2016, the BOOST program was created and established a $5 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. Based on the performance of this program and the competing priority of meaningful increases in State aid for public education, we continue to request each year that the program should be removed from the State Budget. 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. PSSAM believes that legislation goes too far in creating a private and parochial school voucher program that would threaten public school funding, and public control over the use of public funds. Generally, nonpublic schools, including non-sectarian and parochial schools, are not subject to the same legal regulations as public schools, such as special education laws and teacher certification regulations, and have no direct accountability to taxpayers for their use of tax revenues. The vast majority of nonpublic school programs are not linked to State or federal student performance accountability measures, or special education provisions of the federal Individuals with Disabilities Education Act (IDEA). In addition, many nonpublic schools instruct their students in particular religions, a practice that is unconstitutional in public schools and which public funds may not directly support. This bill relies on minimal nondiscrimination standards that have already been difficult to enforce in the existing program, and any expansion of the BOOST program would further hinder the effort to ensure that public dollars are not allocated to programs unaligned with nondiscrimination standards. 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. For these reasons, PSSAM strongly opposes House Bill 737 and urges an unfavorable committee report.

BILL: HB 770 TITLE: Publicly Funded Full-Day Prekindergarten Program - Tier I Child - Alteration of Definition DATE: February 22, 2023 POSITION: Support COMMITTEE: Ways and Means 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 770. This emergency bill would expand the definition of a full-day “Tier I child” prekindergarten who is 3 or 4 years old, and whose family income is less than or equal to 300% of the federal level, to include (1) a child with a disability; (2) a student who is a homeless youth; or, (3) who is from a home in which English is not the primary language. We strongly encourage this expanded definition and believe this was the intention of the Kirwan Commission, but was omitted in the final legislation. This small, yet meaningful change is tremendously important as districts are implementing new and expanding public and private prekindergarten programs. We applaud this legislation’s status as “emergency” so that funding for these vulnerable students can be provided to local school systems in the FY 2024 budget instead of waiting another year. For these reasons, PSSAM supports House Bill 770 and urges a favorable report.

BILL: HB 628 TITLE: Primary and Secondary Education – Breakfast and Lunch Programs – Universal Expansion DATE: February 22, 2023 POSITION: Support COMMITTEE: Ways and Means 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 628. House Bill 628 is intended to reimburse local boards of education for the cost of providing free breakfast and lunch to all students attending public and participating private schools under the State’s Free Feeding Program. 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 House Bill 628 and urges a favorable report.

BILL: SB 300 TITLE: Baltimore City Young Readers Program - Expansion and Alterations DATE: February 22, 2023 POSITION: Support COMMITTEE: Education, Energy, and the Environment 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 Senate Bill 300. House Bill 300 renames and expands the Baltimore City Young Readers Program to the Statewide Young Readers Program in the Maryland State Library Agency. The bill also increases the mandated appropriation for this new statewide initiative to $500,000, previously $250,000. The Maryland Governor's Young Readers Program is an affiliate of Dolly Parton's Imagination Library, which is a book gifting program that mails free, high-quality books to children, regardless of the family's income. The program delivers a free book every month to any Baltimore family with children from infancy through age four. This program is an impactful way to introduce very young kids to the joys of reading and storytelling. Baltimore City’s program has reached more than 4,400 families through a variety of service organizations and city and state agencies. We look forward to the statewide expansion of this innovative and effective early reading program. For these reasons, PSSAM supports Senate Bill 300 and requests a favorable report.

BILL: HB 510 TITLE: Public Schools - Length of School Year and Innovative School Scheduling Models - Revisions DATE: February 22, 2023 POSITION: Support COMMITTEE: Ways and Means 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 House Bill 510. House Bill 510 alters current law requiring a certain length of school year for student attendance. Additionally, this bill would authorize county boards of education to explore the use of innovative school scheduling models, including an extended year, year-round schooling, a 4-day school week, and other models. However, the bill creates guardrails by ensuring there are no prolonged lapses in instructional time. Current State law requires that public schools be in session for both 180 days and a minimum number of seat hours (1,080 at the elementary and middle school levels, and 1,170 at the high school level). This legislation will allow school systems to meet the minimum number of seat hours required, but removes existing constraints that require these hours be met during a ten-month period over the course of a school year of at least 180 days. To be clear, such a change would not mandate that any school system alter current operations in any way. Under this legislation, local school systems will still be required to meet the existing minimum number of seat hours for all students. The delivery of public education must evolve. If the Covid pandemic taught us one lesson, it is that the traditional model of educating students is not the only way to educate students. We learned that some students can learn and excel in much more creative models and these models deserve more research and consideration. Maryland’s superintendents unanimously agree that implementing flexible scheduling models at the discretion of local systems provides additional creative options that allow for the delivery of a free and appropriate public education that best meets the needs of all Maryland students. Therefore, PSSAM strongly supports this innovative piece of legislation to recognize and explore these new, more flexible models. For these reasons, PSSAM supports House Bill 510 and urges a favorable report.

BILL: HB 576 TITLE: Primary and Secondary Education - Policies on Bullying, Harassment, or Intimidation - Revisions DATE: February 22, 2023 POSITION: Oppose COMMITTEE: Ways and Means 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 House Bill 576. House Bill 576 would require local school systems to notify the parent or guardian of a student who is the victim of bullying or harassment within twelve hours of an incident. The bill also waives the parental notification requirement after an incident at the discretion of the student if the incident was found to be motivated by the student’s actual or perceived sex, sexual orientation, or gender identity. Additionally, the Maryland State Department of Education (MSDE) would be required to update the model policy regarding bullying, harassment, or intimidation by September 1, 2023. PSSAM recognizes the importance of maintaining an inclusive environment for students' expression of sexual orientation and gender identity, but this bill creates a potential for serious liability concerns and legal ramifications as an unintended consequence. Most importantly, the victim may not receive the services he or she needs due to the lack of parental involvement. Under current statute and model policies developed by the Maryland State Department of Education (MSDE), school systems are required to notify the parent or guardian of a student who is a victim of bullying, harassment, or intimidation within three business days of an alleged incident, regardless of the motivation of the perpetrator to inflict harm. This bill removes the requirement for schools to notify a parent or guardian if the incident was motivated by the victim's actual or perceived sex, sexual orientation, or gender identity. Instead, notification would only occur at the student’s discretion. Maryland superintendents promote the utilization of a range of integrated tiered supports for both victims and students exhibiting bullying behaviors, as well as individualized, intensive supports when necessary. Parents and guardians across the state place the utmost trust in local school systems in providing a safe learning environment for all students, a duty that cannot be accomplished without active parental participation. Removing current language that requires parental notification opens local systems to legal action, but more importantly, could prevent the bullied student from receiving appropriate attention at home and school. While topics of gender and sexuality can be sensitive subjects, the motivation behind any one incident of bullying or harassment, regardless of the subject matter, does not constitute the need for wholesale change in a model policy. We believe that the current policies protect both the student and the school system. Local school systems make every effort to provide culturally responsive social and emotional support for targeted students. These efforts are integrated with trauma informed care and restorative practices to best serve the interest of all involved parties. For these reasons, PSSAM opposes House Bill 576 and urges an unfavorable report.