A NNE A RUNDEL C OUNTY P UBLIC S CHOOLS
Agenda for: 03/02/11 Item No.: 4.02
Exhibit Attached
Y N
A
GENDA
I
TEM FOR THE
B
OARD OF
E
DUCATION
__X_ Information
__X_ Action
_____ Review
SUBJECT: Items of Legislation
BACKGROUND: The following bills are presented for the Board of Education’s consideration. Section 1 contains bills on which the Board is requested to take a formal position. Section 2 contains bills for your information for which a Board position is not being requested. Section 3 contains bills addressed by the Board’s Legislative Program adopted on
November 3, 2010. That being so, no voted is needed and we will advocate for the Board’s interests consistent with the
2011 Legislative Program.
S ECTION 1: BOE V OTE R EQUESTED
B
ILL
(HB 462)
(HB 1106)
(SB 679)
HB 500
T
ITLE
/ S
YNOPSIS
/ L
INK TO
B
ILL
Vehicle Laws – Overtaking and Passing School
Vehicles – School Bus Monitoring Cameras
Sponsored By: Delegate Hogan (HB 462), Delegate
Hucker (HB 1106), and Senators Brinkley, Madaleno,
Middleton, Rosapepe, and Young (SB 679)
Authorizing a county board of education, in consultation with a local law enforcement agency, to place school bus monitoring cameras on county school buses for the purpose of recording motor vehicles committing violations relating to overtaking and passing school vehicles; requiring a school bus operator to give a recording of the violations to a local law enforcement agency; requiring recordings made by a school bus monitoring camera to include specified images and information about the violations; etc. http://mlis.state.md.us/2011rs/bills/hb/hb0462f.pdf
http://mlis.state.md.us/2011rs/bills/hb/hb1106f.pdf
http://mlis.state.md.us/2011rs/bills/sb/sb0679f.pdf
Public Schools – Extracurricular Activities –
Students in Home Instruction Program
Sponsored By: Delegates Kach and McDonough
Authorizing a public school to allow students in home instruction programs to participate in specified extracurricular activities under specified circumstances; requiring public schools to give placement priority to enrolled students if there are a limited number of spaces available for students in extracurricular activities; defining "extracurricular activity"; etc.
March 2, 2011
(Preferred Date)
______________
(Absolute Date)
R
ECOMMENDED
P
OSITION
S
UPPORT
N
O
P
OSITION
( 4 – 3 2 )
These identical, albeit not cross-filed, bills, would authorize school systems to purchase cameras to be positioned on the outside of school buses for the purpose of recording motor vehicles that violate law by overtaking and passing the bus as it picks up and discharges students. Just as significantly, this legislation would permit local enforcement agencies to access the video recording to send a civil citation to the owner of the motor vehicle, subject to a penalty of
$100. Board members need not be reminded of the significant hazard to our students, resulting from motorists ignoring the red flashing lights of a school bus. The ability to identify such motorists would help significantly in enhancing safety and avoiding any horrific accidents. As much we partner with local law enforcement agencies, we lack this important tool to identify violators.
O PPOSE ( 7 – 1 )
This bill would allow a student who is home schooled, and otherwise eligible to attend a school, to participate in interscholastic athletics, music, drama programs, student organizations, and other school sponsored programs outside of regular school hours for which academic credit is not earned, to the same extent as students regularly enrolled in that school. The bill does stipulate that, if there were limited spaces available for a given activity, priority would be given to students enrolled in the public school. Currently,

B ILL
HB 525
SB 608
HB 526
SB 610
T ITLE / S YNOPSIS / L INK TO B ILL http://mlis.state.md.us/2011rs/bills/hb/hb0500f.pdf
Public School Personnel – Grounds for
Suspension or Dismissal Ineffectiveness
Sponsored By: Delegates Rosenberg, Ivey, and
Senators Ferguson, Currie, Pugh, and Young
Authorizing county boards of education, on the recommendation of the county superintendent of schools, to suspend or dismiss a teacher, principal, supervisor, assistant superintendent, or other professional assistant for ineffectiveness as determined under specified circumstances; etc. http://mlis.state.md.us/2011rs/bills/hb/hb0525f.pdf
http://mlis.state.md.us/2011rs/bills/sb/sb0608f.pdf
Education – Public Charter Schools – Hiring of
Certificated Employees
Sponsored By: Delegates Rosenberg, Ivey, Kaiser,
Luedtke, and Senators Ferguson, Benson, Currie, King,
McFadden, Pugh, and Young
Providing that mutual consent between the county board and the charter operator shall govern qualified and certificated individuals working in a public charter school; and providing that existing obligations or contract rights may not be impaired by the Act. http://mlis.state.md.us/2011rs/bills/hb/hb0526f.pdf
http://mlis.state.md.us/2011rs/bills/sb/sb0610f.pdf
R ECOMMENDED P OSITION the law does not require such a privilege to be extended to home schooled students. Determining academic eligibility would be difficult for one thing, given that their grades are compiled differently and on a different scale. Athletics, in particular, are seen as a means to advance attendance and graduation rates, not simply win events. Without disciplinary authority over home schooled students, it would remain to be seen how sponsors and coaches would apply sanctions in a manner similar to public students. Even the provision acknowledging priority in the event of limited spaces is problematic, leaving open the question of whether a school would need to have two tryouts or auditions in the event they find themselves with or without spaces. Moreover, many teams and activities build camaraderie and spirit by eating together, studying together, or doing school projects together during the school day – all in the interest of advancing the culture of the school as well as the success of the activity. Simply inserting someone from the outside of the school is antithetical to the larger good of the school.
S UPPORT N O P OSITION ( 4
–
1
–
3 )
These bills would add to the five existing statutory ground (“immorality; misconduct in office; insubordination; incompetency; and willful neglect of duty”) for suspending or dismissing a teacher, principal, or other certificated employee, under
Section 6-202 of the Education Article, a sixth category of “ineffectiveness.” The intent of the legislation is to support the new teacher and principal performance evaluation metrics currently under consideration pursuant to the Education Reform Act enacted last session and congruent with the state’s
Race to the Top efforts.
S UPPORT ( 7 – 1 )
Whereas currently state law provides that charter school employees are public employees covered by applicable collective bargaining agreements, these bills would provide that, notwithstanding any other provision of law or contract, “mutual consent” between a county school board and a charter operator shall govern “the hiring of all qualified and certificated individuals” working in the public charter school. A caveat is provided for any presently existing obligations or contracts, with the effective date of the bill being July 1, 2011. Heretofore, once we have certified individuals as qualified, we have left it to the charter schools to select their own staff. Given some problems that have arisen in the past, this language would be an improvement.
2

B ILL
HB 528
SB 791
HB 652
SB 109
T ITLE / S YNOPSIS / L INK TO B ILL
Education – Open Space on Public Property –
Planting and Maintaining Gardens
Sponsored By: Delegates Luedtke, Alston, Carr,
Clippinger, Frick, Frush, Ivey, Kaiser, A. Kelly, Kipke,
A. Miller, Mizeur, Morhaim, Niemann, S. Robinson,
Rosenberg, F. Turner, Zucker, and Senator Raskin
Requiring county boards of education to encourage the use of open space on public school property for the purpose of planting and maintaining gardens; requiring specified schools and community groups to submit specified plans to the county superintendent; requiring specified schools and community groups to limit the application of pesticides under specified circumstances; authorizing county boards to incorporate the use of school gardens into specified curriculum guides and to use specified produce in school cafeterias; etc. http:/mlis.state.md.us/2011rs/bills/hb/hb0528f.pdf http://mlis.state.md.us/2011rs/bills/sb/sb0791f.pdf
Public Institution of Higher Education –
Course Credit – Advanced Placement and
International Baccalaureate Examinations
Sponsored By: Delegates Mizeur, Cullison, Frick, A.
Kelly, Lee, A. Miller, and Senators Frosh and
Madaleno
Requiring public institutions of higher education in the
State to grant comparable course credit for Advanced
Placement and International Baccalaureate examinations under specified circumstances. http:/mlis.state.md.us/2011rs/bills/hb/hb0652f.pdf http://mlis.state.md.us/2011rs/bills/sb/sb0109f.pdf
R ECOMMENDED P OSITION
O PPOSE ( 8
–
0 )
This well-intentioned, but unnecessary, bill would encourage the use of open space at schools for planting and maintaining gardens by schools and community groups. It would require the submission of a plan to the local superintendent when school is not open and limit the application of pesticides.
However, it doesn’t distinguish the size of gardens, which may employ rainscaping concepts, including rain gardens or conservation landscaping. Although gardens require a maintenance plan when school is not in session, the bill is silent as to the fact that there are major responsibilities when school is in session to maintain a garden. Here in AACPS, our educational efforts have been well coordinated with our ground maintenance staff so as to enhance these initiatives.
We routinely work with schools who have active volunteers on these types of projects, advising on technical matters such as utility checks and how to select low growth/low maintenance/droughtresistant/flying insect resistant options. This should be left to individual school systems without a need for intervention by the State legislature.
S UPPORT N O P OSITION ( 4 – 4 )
These bills would require a public higher education institution in Maryland that grants course credit for AP exams to grant course credit for standard and higher level IB exams comparable to the course credit granted for AP exams. Currently, the practice statewide is inconsistent among the University of
Maryland system and other public colleges. This is a matter of equity inasmuch as the requirements and seat hours (240) of an IB higher level course/exam far exceed the rigor and requirements of AP exams, but even standard level IB courses and exams are comparable and, some consider, more rigorous to their
AP counterparts as to the amount of subject matter covered and the required seat hours (150). Just as importantly, the current situation causes undue stress on our IB students, pressuring them to feel compelled to take AP exams in comparable subjects simply to ensure that they will receive college credit. Many of our IB graduates are not able to consider colleges and universities outside of Maryland for financial reasons and, therefore, should have the full opportunity to be considered for advanced standing by public institutions in Maryland, in recognition of their inquiry-based, written exams, predicated upon higher order critical thinking skills.
3

B ILL
HB 895
HB 977
HB 1067
T ITLE / S YNOPSIS / L INK TO B ILL
Public Schools – Substitute Teachers –
Qualifications, Training, and Study
Sponsored By: Delegates Kaiser, Barkley, Carr,
Healey, Hucker, Luedtke, Nathan-Pulliam, B.
Robinson, and V. Turner
Requiring each county board of education to establish qualifications for substitute teachers employed by a county board; requiring a county board to require each substitute teacher to complete an orientation and training program; requiring county boards to train specified school administrators in specified issues related to substitute teachers; requiring a county superintendent to develop a specified in- service training program; etc. http://mlis.state.md.us/2011rs/bills/hb/hb0895f.pdf
Public Schools – Enrollment and Transfer –
Parental Decision
Sponsored By: Delegates Olszewski, Aumann, Barnes,
Bates, Boteler, Branch, Bromwell, Cardin, Clagett,
Clippinger, DeBoy, Elliott, Frank, George, Glass,
Guzzone, Haddaway-Riccio, Healey, Hershey, Hixson,
Howard, Impallaria, Kipke, Luedtke, McMillan, A.
Miller, Minnick, Myers, O'Donnell, B. Robinson,
Rosenberg, Ross, Schuh, Schulz, Serafini, Smigiel,
Stocksdale, Stukes, Summers, Walker, Weir, and Wood
Authorizing the parent or guardian of a student eligible for enrollment in specified public schools to decide to enroll the student in a public school other than the public school to which the student was assigned by a county board of education, beginning in the 2012- 2013 school year; requiring all public schools to be open to specified students on a space-available basis under specified circumstances; etc.
http://mlis.state.md.us/2011rs/bills/hb/hb0977f.pdf
Education – Public Charter Schools – Appeals,
Policies, and Regulations
Sponsored By: Delegates Ivey, Afzali, Glass, Murphy,
Rosenberg, Ross, and Walker
Requiring an appeal of a decision by a county board of education to deny an application for a public charter school to be heard de novo by the State Board of
Education; requiring each county board to develop a charter school policy that is consistent with specified regulations, includes specified criteria, and is reviewed
R ECOMMENDED P OSITION
O PPOSE ( 8
–
0
–
1 )
Identical to a bill which failed to pass last session, this would impose a mandate upon local school districts by establishing standards each school system must meet in establishing an orientation and training program for all of its substitute teachers. This statutory mandate would also extend to the training of school administrators in the recruitment, retention, and use of substitute teachers and, further, would require MSDE to commission an independent study on the prevalence and effectiveness of substitute teaching in the State.
School districts, within the limits of fiscal resources, are already providing the necessary training to improve the pool of substitutes. This legislation is unnecessary.
O PPOSE ( 7 – 1 – 1 )
What may at first glance look like an opportunity to extend choice to parents would, in fact, introduce not even “organized chaos” as the authors of the bill
(introduced on the last day for submission of legislation without a rule) would permit any parent or guardian to enroll a student in any public school other than his or her assigned home school, provided that on
May 1 there are available seats (per a listing that would be required to be published each year beginning with the 2012-13 school year). Those seats would be open to all students in the county on a space-available basis, with a lottery to be put in place if more students apply than space can accommodate. Per the language of this bill, any student so transferred would be permitted to attend the school through all of its grades, provided however that transportation would be the responsibility of the parent or guardian. To say that this legislation would be impactful, intrusive on local control, disruptive, and unmindful of changes in enrollment from projections would be an understatement. It doesn’t allow for normal growth in schools over the summer months, particularly ones with large transient communities. It would make staffing decisions very difficult. This bill should be opposed.
S UPPORT WITH A MENDMENT ( 6
–
0
–
2 )
This bill has two purposes in mind. One is to require every county board to submit its policy, consistent with State board policy, to the State for its review and approval, and that it be made available on the State
Board’s website. As you are aware, the Board’s charter school policy and regulation were revised in
May, 2010 to stay current. The State Board last year adopted a new policy for the state’s charter school program, but not in the form of COMAR regulations.
Still, there is no reason to oppose these provisions of
4

B ILL
HB 1081
T ITLE / S YNOPSIS / L INK TO B ILL and approved by the State Board; requiring the State
Board to adopt specified regulations that establish specified criteria, guidelines, and procedures regarding public charter schools; etc. http://mlis.state.md.us/2011rs/bills/hb/hb1067f.pdf
Education – Public Schools – Petitions for
Intervention
Sponsored By: Delegates Bates, Aumann, Elliott,
Hough, Kipke, McDonough, and W. Miller
Authorizing specified parents and legal guardians of students attending public schools that are subject to corrective action and are not making adequate yearly progress to petition county boards of education to implement specified interventions; requiring county boards to notify the State Superintendent of Schools and the State Board of Education on receipt and of final disposition of specified petitions; requiring county boards to make specified determinations in a specified manner in a specified time frame; etc . http://mlis.state.md.us/2011rs/bills/hb/hb1081f.pdf
R ECOMMENDED P OSITION the bill.
However, a far more deleterious provision is to be found in the language that would have any appeal of a local school board decision to deny a charter school application to be heard by the State Board de novo .
This seemingly innocuous language would specifically overrule a 2005 decision of the State Board in a case emanating from Prince George’s County. In that case, the State Board established its standard of review as being that a local board decision “shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the State Board finds the local board decision is arbitrary, unreasonable, or illegal.” The current standard is quite appropriate, considering local control of public education, and that there are sufficient bases to reverse if justified under either of one of the enunciated standards. Moreover, a de novo proceeding would attenuate the process, incurring additional costs as evidence is taken anew presumably before a hearing examiner appointed by State Board, delaying an ultimate decision on appeal. It is unnecessary to treat such appeals in this manner. For the foregoing reasons, this bill should only be supported with an amendment to delete this language.
O PPOSE ( 6 – 1 – 1 )
This legislation follows on the heels of concerted nationwide efforts to advance populist, petition-driven parental choice to determine the governance structure of schools not achieving AYP – wresting control from those charged with responsibility under State law.
This bill is drafted in the same vein – but not identical language – as was enacted in California this past year to permit 51% of the parents and guardians at a particular school to dictate the preferred intervention model. Provision is also made for students to receive monetary scholarships to attend private school or public school outside one’s home county to attend as an option. This Board and Superintendent have not been timid when addressing alternative governance options to address schools that have not met AYP, after engaging staff and community alike. In doing so, we have maintained the restructuring within AACPS’ and this Board’s control, which has proven both fiscally prudent and has enhanced accountability and governance. What is proposed in this bill is draconian and is nothing short of an end run around public control of public education. Providing scholarships with public funds to private (including, perhaps, parochial) schools will only divert needed public funds to strengthen our public schools for those students choosing to remain.
5

B ILL
SB 626
T ITLE / S YNOPSIS / L INK TO B ILL
Public School Construction Funding Reform
Act of 2011
Sponsored By: Senators Glassman, Colburn, and
Forehand
Repealing the Interagency Committee on School
Construction; altering the authority of the State
Superintendent to approve specified public school construction projects; altering the requirement under which specified entities may hold title to specified property; altering the definition of alternative financing methods; requiring public school construction funds allocated in the annual budget to be distributed to local boards using a specified formula; etc. http://mlis.state.md.us/2011rs/bills/sb/sb0626f.pdf
R ECOMMENDED P OSITION
O PPOSE ( 7
–
1 )
This bill would virtually eliminate State oversight and accountability of local spending on school construction projects, including project scope, design quality, MBE, prevailing wage, competitive procurement and Smart Growth requirements. While less regulation is usually considered laudable, there are inherent benefits to an appropriate regulatory safety net, as well as benefits from an interagency/interdisciplinary approach embodied within the IAC’s home agencies (MSDE; DGS;
Department of Planning) partnering with LEAs on planning, design, construction, and maintenance elements. The IAC has always demonstrated a fair and reasonable approach to public school construction endeavors and displayed support and flexibility when needed. Thus, dismantling this statewide structure would not be in the public’s interest.
6

S
ECTION
2: BOE V
OTE
N
OT
R
ECOMMENDED
B ILL
HB 991
HB 1161
SB 452
T ITLE / S YNOPSIS / L INK TO B ILL
Anne Arundel County Board of Education –
Members – Increase and Selection
Sponsored By: Delegates Schuh and McConkey
Increasing the number of members of the Anne
Arundel County Board of Education; requiring that the elected members of the county board be elected at a specified election; providing for the residency, the terms of office, and the filling of a vacancy of the elected members of the county board; authorizing the
Anne Arundel County Board of Elections to adopt specified regulations; and making specified conforming changes. http://mlis.state.md.us/2011rs/bills/hb/hb0991f.pdf
Anne Arundel County Board of Education –
Members – Expense Reimbursement
Procedures and Guidelines
Sponsored By: Delegate McConkey and Senator
Simonaire
Requiring the Anne Arundel County Board of
Education to develop and approve, on or before a specified date, procedures and guidelines for the reimbursement of board member travel and other expenses; requiring the expense reimbursement policy to include specified items; requiring the county board to submit a specified report to the Anne Arundel
County Delegation before a specified day; and providing for the termination of the Act. http://mlis.state.md.us/2011rs/bills/hb/hb1161f.pdf
http://mlis.state.md.us/2011rs/bills/sb/sb0452f.pdf
N O P OSITION
Yet another bill introduced by Delegates Schuh and
McConkey regarding the Board, this bill would increase the number of members on our Board to a total of eleven and change its structure to a hybrid of elected and appointed members. This bill, were it enacted, would establish a Board of eight appointed members
(the current three at-large and five district members); two at-large members elected for four year terms beginning with the November, 2014 election, and the student member. No companion bill has been crossfiled in the Senate. Although a hearing is scheduled on this bill in the Ways and Means Committee on March
16, our House Delegation has yet to consider it.
There two bills would require the Board to develop procedures and guidelines for board member travel and other expenses (meals, lodging, mileage), but leave to the Board of Education to come up with the details.
Were these bills to be enacted, the Board would be required to develop the procedures and guidelines no later than January 1, 2012. Consistent with the advice of Board Counsel at a prior Board meeting as to legislation where it might be argued that Members would be using the “prestige of their offices for their own benefit” and, therefore, should refrain from taking a position, “NO POSITION” on these bills is recommended.
7

S
ECTION
3: BOE V
OTE
N
OT
N
EEDED
–
E
STABLISHED
P
OSITION IN
2011 L
EGISLATIVE
P
ROGRAM
B ILL
HB 386
SB 667
HB 769
HB 777
T ITLE / S YNOPSIS / L INK TO B ILL
Education – Tween/Teen Dating Violence
(Kristin Marie Mitchell Law)
Sponsored by: Delegates Carter, Anderson, Carr,
Dumais, Ivey, Love, McComas, Oaks, Pena-Melnyk,
Simmons, Stukes, F. Turner, Walker, and Senator
Muse
Requiring the State Board of Education to adopt in the public schools a program to educate students about dating violence on or before a specified date; requiring the program to include education on services provided to victims of dating violence; altering the definition of
"victim of domestic violence" for specified provisions of law; requiring the Governor to proclaim the first week in February each year "Tween/Teen Dating
Violence Education and Awareness Week"; etc. http://mlis.state.md.us/2011rs/bills/hb/hb0386f.pdf
http://mlis.state.md.us/2011rs/bills/sb/sb0667f.pdf
Great Preschools Tax Credit Program
Sponsored By: Delegates Bates, Dwyer, Frank, George,
Haddaway-Riccio, Kipke, Smigiel, and Stocksdale
Allowing an individual or a corporation a credit against the State income tax for contributions to specified scholarship-granting organizations; providing for the carryover of unused credits for 3 years; requiring scholarship-granting organizations to take specified actions to be eligible for donations for which a tax credit may be claimed; requiring the Comptroller to administer the Great Preschools Tax Credit Program; applying the Act to taxable years after 2010; etc. http://mlis.state.md.us/2011rs/bills/hb/hb0769f.pdf
Great Preschools Scholarship Program
Sponsored By: Delegates Bates, Dwyer, Eckardt,
Frank, George, Haddaway-Riccio, Hough, McComas, and Stocksdale
Establishing the Great Preschools Scholarship Program in the State Department of Education; authorizing specified schools to apply to the Department to participate in the Program; authorizing eligible students to apply for specified scholarships; requiring the
Department to award scholarships under specified circumstances; requiring the Department to determine the amount of specified scholarships based on specified income eligibility; establishing requirements for the use of scholarship money; etc. http:/mlis.state.md.us/2011rs/bills/hb/hb0777f.pdf
P OSITION TO BE T AKEN
O PPOSE
These bills are identical to ones opposed last session by the Board, consistent with the Board’s Legislative
Program, articulating the proposition that the authority to establish curriculum and curricular programs is better left with the State Board of Education and local boards. However well-intentioned, it is not for the
General Assembly to piecemeal the units to be included in the curriculum, let alone determine the grade level for their introduction. Although our school system currently has lessons on dating/relationships in health education during middle school and high school, we have no structured lessons in elementary school, as this bill would require for public schools only.
O PPOSE
Similar to bills the Board has opposed in past sessions, this would allow an income tax credit for scholarshipgranting organizations for students attending a nonpublic school prekindergarten program or childcare center in the State. Unlike public schools, private schools have no direct accountability to taxpayers for their use of tax revenues. This bill would divert taxpayer dollars away from the State’s General Fund to support private schools. Consistent with page 17 of the
Board’s Legislative Program which opposes such tax credits, this bill will be opposed.
O PPOSE
This is very similar to HB 769 above except that it would authorize, as eligible to apply for scholarships, students of nonpublic elementary schools and – to make the bill more palatable (albeit costly) – also public elementary schools outside the school district in which one resides. The Board has opposed this bill in prior sessions and, consistent with the Legislative
Program, it will be opposed again.
8