2021 Session Outlook Revised Budget Forecast Legislative Issues
2021 Session Outlook Revised Budget Forecast & Legislative Issues
Presentation Overview • MABE’s Mission • • MABE’s 2021 Legislative Priorities • • 2020 Legislative Highlights – What • Passed & Failed • • Blueprint for Maryland’s Future Act • (HB 1300) - vetoed • • Built to Learn Act (HB 1) – not law • Status of State Revenue Projections COVID-19 Pandemic Impacts School Closures & Continuity of Learning State Board Waivers Federal Funding State Interim Issues Education Issues in the 2021 Session
MABE’s Mission MABE’s mission is to provide members with a strong collective voice, and to support local school board governance through professional development, advocacy, and member services.
MABE’s 2021 Leadership Team MABE Leadership • Tammy Fraley, President, Allegany County • Virginia Mc. Graw, President-Elect, Charles County • Pamela Cousins, Treasurer, Calvert County • Joseph Goetz, Secretary, Kent County Legislative Committee • Karen Yoho, Chair, Frederick County • Brenda Wolff, Vice Chair, Montgomery County
MABE’s 2021 Legislative Priorities • Support for governance authority for local boards of education to adopt education policies and school system budgets reflecting local priorities and resources. • MABE supports broad discretion for local board decisionmaking authority in exercising legislative, judicial, and executive functions in accord with state and federal law and principles of equity and excellence for all students. • MABE opposes state initiatives which would reduce or eliminate local board governance or budgetary authority or create new unfunded mandates.
MABE’s 2021 Legislative Priorities • Support for full State funding for Maryland’s outstanding public schools. • Specifically, MABE supports enacting the Blueprint for Maryland’s Future legislation to fulfill the State’s constitutional duty to adopt a school funding system that ensures equity and excellence in every school. • MABE supports increased state funding in the state budget for FY 2022 and opposes legislative and executive proposals to reduce education funding.
MABE’s 2021 Legislative Priorities • Support for increased State funding for school construction and renovation projects. • Specifically, MABE supports enacting the Built to Learn Act to launch a $2 billion school construction program in the Maryland Stadium Authority. • MABE supports at least $400 million in the FY 2022 capital budget to support all 24 school systems in designing, building, operating, and maintaining high quality learning environments for all students.
MABE’s 2021 Legislative Priorities • Support for sustained and increased local government investments in education. • Funding from Maryland’s 23 counties and Baltimore City plays a critical role in combination with State and federal funding. • Therefore, MABE strongly supports preserving the “maintenance of effort” guarantee that local funding must be sustained and increased from year to year.
MABE’s 2021 Legislative Priorities The COVID-19 Pandemic & Public Education • MABE recognizes the historic and devastating impacts of the ongoing public health and economic crisis resulting from the COVID-19 coronavirus. • This is also an educational crisis, forcing school closures, emergency meal distribution, transitions to digital and distance teaching and learning, and reductions in available revenues to sustain and advance Maryland’s outstanding but already inadequately and inequitably funded public education system. • MABE’s 2021 legislative priorities and positions reflect the association’s commitment to equity and excellence and to a strong educational recovery from the ongoing crisis on behalf of each of our nearly 1 million students.
MABE’s 2021 Legislative Priorities Equity & Excellence • MABE is uncompromisingly committed to the academic success of all students. MABE’s legislative platform reflects the association’s adoption of an equity core value, equity resolution, and equity lens. • For MABE, educational equity in Maryland means providing access to essential academic, social, emotional, and economic supports in order to engage each student in rigorous wellrounded instruction toward them achieving their highest potential as learners and citizens. • MABE pledges to reflect the core value of equity in the decision-making processes of the association including the priorities and positions of the legislative committee.
2020 Session & COVID-19 • Launch of the 10 -year, $4 billion school finance reform legislation, the Blueprint for Maryland’s Future. • Launch of $2 billion school construction funding initiative through the Maryland Stadium Authority, the Built to Learn Act. • A record high 430+ bills introduced impacting public education. • The outbreak of the COVID-19 pandemic. • Expedited passage of Kirwan, Built to Learn, and revenue bills. • These bills were all vetoed based on COVID’s economic impact. • Only a handful of other education related bills passed. • Schools shutter and shift to feeding students and distance learning.
Bills Passed & Enacted in 2020 • MSDE Guidelines on Trauma Informed Approaches (HB 277) • Policy for Administration of Medical Cannabis During School Hours and Events (HB 617) • Foster/Homeless Student Graduation Standards (SB 564) • Military Family Student Enrollment (HB 503) • Student Meal Programs and Meal Charge Policies (SB 760) • Special Education Ombudsman (SB 504)
What Passed then Failed to Pass in 2020 • The Blueprint for Maryland’s Future Act (HB 1300) – Vetoed in 2020 • Nearly a decade overdue upgrade of Maryland’s education finance system. A “Call to Action” for the building of a world class education system in Maryland, including policy and funding recommendations in five major policy areas. 1. Early Childhood Education; 2. High-quality and Diverse Teachers and Leaders; 3. College and Career Readiness Pathways (including Career and Technical Education); 4. More Resources to Ensure All Students are Successful; and 5. Governance and Accountability.
What Passed then Failed to be Enacted in 2020 • The Built to Learn Act (HB 1) – Authorizes the Maryland Stadium Authority (MSA) to issue up to $2. 2 billion in revenue bonds, backed by annual payments from the Education Trust Fund (ETF) beginning in fiscal 2022 that phase up to $125 million annually by fiscal 2024, for public school construction projects in the State, including to support the public-private partnership (P 3) initiative in Prince George’s County. • Sec. 13 of HB 1 makes HB 1 “null and void” unless HB 1300 takes effect, which would require a 3/5 ths majority vote to override the Governor’s veto of HB 1300. (HB 1 - Not vetoed but not in effect. )
Revenue Bills Amended then Vetoed • HB 732 – To create a new gross receipts tax on digital advertising sellers; and increase tobacco taxes and expand to include vaping products – Vetoed in 2020 • HB 932 – To expand the sales tax to include digital goods including ebooks, video game downloads, and streaming services – Vetoed in 2020 • Both HB 732 and HB 932 were intended to generate revenues to support the Blueprint bill, then amended to focus first on COVID-19. • SB 728/HB 1301 – Passed in 2019 - Requires a marketplace facilitator to collect and remit the State sales and use tax due on retail sales of marketplace sellers. Directs the Comptroller to pay into the Blueprint for Maryland’s Future Fund sales tax revenues in excess of $100 million.
COVID-19 Impact on State Funding • Enormous reductions in revenue projections • 2020 Kirwan Blueprint bill vetoed • FY 2021 and 2022 education funding is mandated by SB 1030 (2019) – but funding sources include Casino revenue • Board of Public Works has authority to approve Governor requested cuts of up to 25% for most programs (with exceptions) • Legally protected status of education funding • Uncertainties: role of local & federal funding, special session, veto overrides & adjustments
Spending Affordability Cmt. - Oct. 27, 2020 • Presentation reflects Board of Revenue Estimates report in Sept. 2020 • May write-downs in revenue projects revised up • Sales tax revenues have exceeded projections – Wayfair v. South Dakota S. Ct. decision (2018) – Blueprint Fund contribution increase • Casino revenues have declined – though not as much as expected – Education Trust Fund contribution decrease • http: //mgaleg. maryland. gov/Pubs/Budget. Fiscal/2020 spending-affordability-briefing-october-27. pdf
Revised Revenue Projections FY 2021 Revised Revenue Projections
Revised Revenue Projections FY 2022 Revised Revenue Projections
Revised Revenue Projections FY 2022 “Caseloads” including student enrollment • Does not reflect State Board of Education action to include students without proof of immunizations in FTE enrollment count. • Result is the FY 2022 number below grows by more than 20, 000 students - amounting to $109 million in increased mandated funding.
COVID-19 Federal Funding – CARES Act • The CARES Act Education Stabilization Fund distributed $30. 75 billion nationally, through the: – Elementary and Secondary School Emergency Relief (ESSER); and – Governor’s Emergency Education Relief (GEER) Funds. • The Coronavirus Relief Fund (CRF) distributed $150 billion nationally to states and local governments. • $400 million allocated to local school systems in Maryland through the ESSER, GEER, and CRF.
COVID-19 Federal Funding – CARES Act Grant Programs for Local School Systems Coronavirus Relief Fund – Tutoring $100, 000 Coronavirus Relief Fund – Technology $100, 000 Coronavirus Relief Fund – Connectivity $10, 000 Elementary and Secondary School Emergency Relief Fund – Formula $187, 050, 652 Elementary and Secondary School Emergency Relief Fund – State Set-aside – Reopening $10, 000 Governor’s Emergency Education Relief Fund – Innovative Grant $10, 000 Governor’s Emergency Education Relief Fund – Technology $10, 000 Governor’s Emergency Education Relief Fund – Broadband $15, 000
COVID-19 & State Governance • Governor’s Executive Orders • State Superintendent & State Board decisions • Schools closed incrementally, then permanently through the end of 2019 -2020 • Local continuity of education plans required • Focus on school meals and remote access to instruction • For 2020 -2021 school year the State education recovery plan sets requirements for local plans • Local governance/decision-making on reopening & recovery strategies
COVID-19 & State Governance • State Board waivers of certain laws & regulations – School year calendar waivers – Graduation requirements: additional local credits, service learning, high school assessments – Teacher certification timelines – Kindergarten Readiness Assessment (KRA) timeline – CTE work-based learning requirements – Immunization requirement for FTE enrollment count purposes only
Issues for the 2021 Legislative Session • Education Funding & Policy – Amended Blueprint, with funding and policy mandates • Built to Learn Act & MOUs with the Maryland Stadium Authority • Student Discipline, Arrests, and Juvenile Services reforms • Police reform, including the role of School Resource Officers (SROs) • Student/School Health, including COVID-19 standards, mask/vaccine mandates, transportation & facility standards • Curriculum and Assessments
Issues for the 2021 Legislative Session • Child Abuse and Sexual Misconduct Prevention - Hiring Emergent Employees • Reintroduction of HB 1008 from 2020 to “Fix HB 486” • This bill would authorize a local board of education or nonpublic school to hire an applicant as an emergent employee for up to 60 days pending a specified review of information and records regarding an individual’s employment history, as required under current law for applicants who will have direct contact with minors.
Issues for the 2021 Legislative Session • Collective Bargaining - Certificated Employees - Class Size • Reintroduction of HB 1074 from 2020 • This bill would repeal the prohibition against a public school employer and employee organization negotiating the maximum number of students assigned to a class during collective bargaining.
Thank you for this opportunity! John R. Woolums, Esq. Director of Governmental Relations Maryland Association of Boards of Education 621 Ridgely Avenue, Suite 300 Annapolis, MD 21401 O: (410) 841 -5414 C: (410) 570 -7365 jwoolums@mabe. org www. mabe. org
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