Maryland 2022 Regular Session

Maryland House Bill HB139 Latest Draft

Bill / Chaptered Version Filed 06/07/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 733 
 
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Chapter 733 
(House Bill 139) 
 
AN ACT concerning 
 
State Personnel – Professional Service Correctional Education – Juvenile 
Services Education Teachers Program and Correction Education Teachers 
 
FOR the purpose of providing that certain teachers employed by the Department of 
Juvenile Services and the Maryland Department of Labor are in the professional 
service in the State Personnel Management System; requiring the Director of 
Education and Workforce Skills Training for Correctional Institutions to set certain 
qualification standards for certain teachers; clarifying that the Juvenile Services 
Education Program is a public agency under certain provisions of law; and generally 
relating to the State Personnel Management System education in correctional 
facilities.  
 
BY repealing and reenacting, without amendments, 
 Article – Education 
 Section 7–1101(a), 8–412(a)(1), and 8–413(a)(1) 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Education 
 Section 7–1101(e), 8–412(a)(7), and 8–413(a)(6) 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement)  
 
BY repealing and reenacting, without amendments, 
 Article – Human Services 
Section 9–602 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Human Services 
Section 9–603 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Labor and Employment 
Section 11–903 
 Annotated Code of Maryland 
 (2016 Replacement Volume and 2021 Supplement)  Ch. 733 	2022 LAWS OF MARYLAND  
 
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 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Education 
 
7–1101. 
 
 (a) In this subtitle the following terms have the meanings indicated. 
 
 (e) “Public agency” means the Department, a local school system, THE JUVENILE 
SERVICES EDUCATION PROGRAM, the Maryland School for the Deaf, or the Maryland 
School for the Blind. 
 
8–412. 
 
 (a) (1) In this section the following words have the meanings indicated. 
 
 (7) (i) “Public agency” includes the State Department of Education, 
local education agencies, and other agencies that are responsible for providing education to 
a child with a disability, including the Maryland Department of Health, the Behavioral 
Health Administration, the Developmental Disabilities Administration, the [Department 
of Juvenile Services] JUVENILE SERVICES EDUCATION PROGRAM, the Maryland 
School for the Deaf, the Maryland Department of Labor, and the Department of Public 
Safety and Correctional Services. 
 
 (ii) For the purpose of this section, the Maryland School for the Blind 
shall be considered a public agency. 
 
8–413. 
 
 (a) (1) In this section the following words have the meanings indicated. 
 
 (6) “Public agency” means the State Department of Education, a local 
school system, THE JUVENILE SERVICES EDUCATION PROGRAM, or any State agency 
responsible for providing education to students with disabilities, including the Maryland 
School for the Blind and the Maryland School for the Deaf.  
 
Article – Human Services 
 
9–602. 
 
 There is a Juvenile Services Education Program within the Department. 
 
9–603. 
   LAWRENCE J. HOGAN, JR., Governor Ch. 733 
 
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 (a) (1) Beginning July 1, 2022, the Department and the Board, subject to the 
memorandum of understanding, jointly shall have the authority and responsibility for 
implementing the juvenile services educational programs in the State. 
 
 (2) The Superintendent shall provide and oversee educational services to 
all juveniles in a residential facility. 
 
 (b) The Superintendent shall implement for each residential facility an 
educational program as approved by the Board that: 
 
 (1) meets the special needs and circumstances of the juveniles in the 
residential facility; and 
 
 (2) is accredited by an approved accrediting agency. 
 
 (c) (1) The Department, subject to the memorandum of understanding, shall 
employ any staff necessary to carry out the Juvenile Services Education Program as 
provided in the State budget. 
 
 (2) Educational staff in the Department shall be subject to the career 
ladder and salary provisions under Title 6, Subtitle 10 of the Education Article. 
 
 (3) EACH NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, EACH 
TEACHER IN THE JUVENILE SERVICES EDUCATION PROGRAM WHO IS EMPLOY ED BY 
THE DEPARTMENT IS IN THE PROFESSIONAL SERVICE IN THE STATE PERSONNEL 
MANAGEMENT SYSTEM.  
 
 (d) The Department shall adopt regulations to carry out the requirements of this 
section. 
 
 (e) The Board may authorize the Department to contract with a nonprofit private 
party or a county board of education to provide educational services for juveniles in a 
residential facility. 
 
 (f) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include 
in the annual budget bill an appropriation in an amount sufficient to meet the requirements 
of this subtitle. 
 
Article – Labor and Employment 
 
11–903. 
 
 (a) The Department is responsible for the provision of education and workforce 
skills training programs in the adult correctional institutions in the State. 
  Ch. 733 	2022 LAWS OF MARYLAND  
 
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 (b) The Secretary shall appoint a Director of Education and Workforce Skills 
Training for Correctional Institutions. 
 
 (c) The Director shall receive the salary provided in the budget of the 
Department. 
 
 (d) The Director shall: 
 
 (1) implement and operate the educational and workforce skills training 
programs developed by the Council in the correctional institutions; 
 
 (2) meet with and advise the Council about the programs; and 
 
 (3) consult with the Commissioner of Correction and the warden of each 
institution about the operation of the programs; AND  
 
 (4) SET QUALIFICATION STANDARDS FOR TEACHE RS IN WORKFORCE 
SKILLS TRAINING PROG RAMS WHO ARE EMPLOYE D BY THE DEPARTMENT THAT ARE 
SIMILAR TO THE STAND ARDS FOR TEACHERS PR OVIDING CTE INSTRUCTION IN 
ACCORDANCE WITH § 7–205.1 OF THE EDUCATION ARTICLE. 
 
 (E) EACH NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, EACH 
TEACHER IN AN EDUCAT IONAL AND WORKFORCE SKILLS TRAINING PROG RAM WHO 
IS EMPLOYED BY THE DEPARTMENT IS IN THE PROFESSIONAL SERVICE IN THE 
STATE PERSONNEL MANAGEMENT SYSTEM.  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2022.  
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.