EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0139*
HOUSE BILL 139
P4, E3, E5 2lr0404
(PRE–FILED)
By: Delegate Luedtke
Requested: August 26, 2021
Introduced and read first time: January 12, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 22, 2022
CHAPTER ______
AN ACT concerning 1
State Personnel – Professional Service Correctional Education – Juvenile 2
Services Education Teachers Program and Correction Education Teachers 3
FOR the purpose of providing that certain teachers employed by the Department of 4
Juvenile Services and the Maryland Department of Labor are in the professional 5
service in the State Personnel Management System; requiring the Director of 6
Education and Workforce Skills Training for Correctional Institutions to set certain 7
qualification standards for certain teachers; clarifying that the Juvenile Services 8
Education Program is a public agency under certain provisions of law; and generally 9
relating to the State Personnel Management System education in correctional 10
facilities. 11
BY repealing and reenacting, without amendments, 12
Article – Education 13
Section 7–1101(a), 8–412(a)(1), and 8–413(a)(1) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–1101(e), 8–412(a)(7), and 8–413(a)(6) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
2 HOUSE BILL 139
BY repealing and reenacting, without amendments, 1
Article – Human Services 2
Section 9–602 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Human Services 7
Section 9–603 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Labor and Employment 12
Section 11–903 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
7–1101. 19
(a) In this subtitle the following terms have the meanings indicated. 20
(e) “Public agency” means the Department, a local school system, THE JUVENILE 21
SERVICES EDUCATION PROGRAM, the Maryland School for the Deaf, or the Maryland 22
School for the Blind. 23
8–412. 24
(a) (1) In this section the following words have the meanings indicated. 25
(7) (i) “Public agency” includes the State Department of Education, 26
local education agencies, and other agencies that are responsible for providing education to 27
a child with a disability, including the Maryland Department of Health, the Behavioral 28
Health Administration, the Developmental Disabilities Administration, the [Department 29
of Juvenile Services] JUVENILE SERVICES EDUCATION PROGRAM, the Maryland 30
School for the Deaf, the Maryland Department of Labor, and the Department of Public 31
Safety and Correctional Services. 32
(ii) For the purpose of this section, the Maryland School for the Blind 33
shall be considered a public agency. 34
8–413. 35 HOUSE BILL 139 3
(a) (1) In this section the following words have the meanings indicated. 1
(6) “Public agency” means the State Department of Education, a local 2
school system, THE JUVENILE SERVICES EDUCATION PROGRAM, or any State agency 3
responsible for providing education to students with disabilities, including the Maryland 4
School for the Blind and the Maryland School for the Deaf. 5
Article – Human Services 6
9–602. 7
There is a Juvenile Services Education Program within the Department. 8
9–603. 9
(a) (1) Beginning July 1, 2022, the Department and the Board, subject to the 10
memorandum of understanding, jointly shall have the authority and responsibility for 11
implementing the juvenile services educational programs in the State. 12
(2) The Superintendent shall provide and oversee educational services to 13
all juveniles in a residential facility. 14
(b) The Superintendent shall implement for each residential facility an 15
educational program as approved by the Board that: 16
(1) meets the special needs and circumstances of the juveniles in the 17
residential facility; and 18
(2) is accredited by an approved accrediting agency. 19
(c) (1) The Department, subject to the memorandum of understanding, shall 20
employ any staff necessary to carry out the Juvenile Services Education Program as 21
provided in the State budget. 22
(2) Educational staff in the Department shall be subject to the career 23
ladder and salary provisions under Title 6, Subtitle 10 of the Education Article. 24
(3) EACH NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, EACH 25
TEACHER IN THE JUVENILE SERVICES EDUCATION PROGRAM WHO IS EMPLOY ED BY 26
THE DEPARTMENT IS IN THE PROFESSIONAL SERVICE IN THE STATE PERSONNEL 27
MANAGEMENT SYSTEM. 28
(d) The Department shall adopt regulations to carry out the requirements of this 29
section. 30
4 HOUSE BILL 139
(e) The Board may authorize the Department to contract with a nonprofit private 1
party or a county board of education to provide educational services for juveniles in a 2
residential facility. 3
(f) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include 4
in the annual budget bill an appropriation in an amount sufficient to meet the requirements 5
of this subtitle. 6
Article – Labor and Employment 7
11–903. 8
(a) The Department is responsible for the provision of education and workforce 9
skills training programs in the adult correctional institutions in the State. 10
(b) The Secretary shall appoint a Director of Education and Workforce Skills 11
Training for Correctional Institutions. 12
(c) The Director shall receive the salary provided in the budget of the 13
Department. 14
(d) The Director shall: 15
(1) implement and operate the educational and workforce skills training 16
programs developed by the Council in the correctional institutions; 17
(2) meet with and advise the Council about the programs; and 18
(3) consult with the Commissioner of Correction and the warden of each 19
institution about the operation of the programs; AND 20
(4) SET QUALIFICATION ST ANDARDS FOR TEACHERS IN WORKFORCE 21
SKILLS TRAINING PROG RAMS WHO ARE EMPLOYE D BY THE DEPARTMENT THAT ARE 22
SIMILAR TO THE STAND ARDS FOR TEACHERS PR OVIDING CTE INSTRUCTION IN 23
ACCORDANCE WITH § 7–205.1 OF THE EDUCATION ARTICLE. 24
(E) EACH NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, EACH 25
TEACHER IN AN EDUCAT IONAL AND WORKFORCE SKILLS TRAINING PROG RAM WHO 26
IS EMPLOYED BY THE DEPARTMENT IS IN THE PROFESSIONAL SERVICE IN THE 27
STATE PERSONNEL MANAGEMENT SYSTEM. 28
SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect July 29
1, 2022. 30