Maryland 2023 Regular Session

Maryland Senate Bill SB791 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0791*
96
107 SENATE BILL 791
118 F1 3lr1971
129 CF HB 883
13-By: Senators Elfreth and Kramer, Kramer, Augustine, Brooks, Feldman, Kagan,
14-Lewis Young, Simonaire, M. Washington, and Watson
10+By: Senators Elfreth and Kramer
1511 Introduced and read first time: February 6, 2023
1612 Assigned to: Education, Energy, and the Environment and Budget and Taxation
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: March 8, 2023
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Primary and Secondary Education – Public School Employees – Job Duties and 2
2619 Salaries 3
2720
2821 FOR the purpose of altering the minimum salary for and establishing certain salary 4
2922 increases for certain public school employees; altering the duties of an assistant 5
30-principal on the career ladder; repealing providing that a requirement that for a 6
31-county board of education must to select a certain teacher on the teacher leadership 7
32-track of the career ladder to write certain curriculum and assessment plans is subject 8
33-to a certain condition; and generally relating to the salaries and job duties of public 9
34-school employees. 10
23+principal on the career ladder; repealing a requirement that a county board of 6
24+education must select a certain teacher on the teacher leadership track of the career 7
25+ladder to write certain curriculum and assessment plans; and generally relating to 8
26+the salaries and job duties of public school employees. 9
3527
36-BY repealing and reenacting, without amendments, 11
37- Article – Education 12
38-Section 6–401(a), (e), and (f) and 6–1001(a), (c), and (e) 13
39- Annotated Code of Maryland 14
40- (2022 Replacement Volume) 15
28+BY repealing and reenacting, without amendments, 10
29+ Article – Education 11
30+Section 6–401(a), (e), and (f) and 6–1001(a), (c), and (e) 12
31+ Annotated Code of Maryland 13
32+ (2022 Replacement Volume) 14
4133
42-BY adding to 16
43- Article – Education 17
44-Section 6–412 18
45- Annotated Code of Maryland 19
46- (2022 Replacement Volume) 20
34+BY adding to 15
35+ Article – Education 16
36+Section 6–412 17
37+ Annotated Code of Maryland 18
38+ (2022 Replacement Volume) 19
4739
48-BY repealing and reenacting, with amendments, 21 2 SENATE BILL 791
40+BY repealing and reenacting, with amendments, 20
41+ Article – Education 21
42+Section 6–1003(b) and 6–1004(e) 22
43+ Annotated Code of Maryland 23
44+ (2022 Replacement Volume) 24
45+
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47+That the Laws of Maryland read as follows: 26
48+ 2 SENATE BILL 791
4949
5050
5151 Article – Education 1
52-Section 6–1003(b) and 6–1004(e) 2
53- Annotated Code of Maryland 3
54- (2022 Replacement Volume) 4
5552
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57-That the Laws of Maryland read as follows: 6
53+6–401. 2
5854
59-Article – Education 7
55+ (a) In this subtitle the following words have the meanings indicated. 3
6056
61-6–401. 8
57+ (e) (1) “Public school employee” means a certificated professional individual 4
58+who is employed by a public school employer or an individual of equivalent status in 5
59+Baltimore City, except for a county superintendent or an individual designated by the 6
60+public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 7
61+subtitle. 8
6262
63- (a) In this subtitle the following words have the meanings indicated. 9
63+ (2) In Montgomery County, “public school employees” include: 9
6464
65- (e) (1) “Public school employee” means a certificated professional individual 10
66-who is employed by a public school employer or an individual of equivalent status in 11
67-Baltimore City, except for a county superintendent or an individual designated by the 12
68-public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 13
69-subtitle. 14
65+ (i) Certificated and noncertificated substitute teachers employed by 10
66+the public school employer for at least 7 days before March 1 of the school fiscal year ending 11
67+June 30, 1978, and each year after; and 12
7068
71- (2) In Montgomery County, “public school employees” include: 15
69+ (ii) Home and hospital teachers employed by the public school 13
70+employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 14
71+and each year after. 15
7272
73- (i) Certificated and noncertificated substitute teachers employed by 16
74-the public school employer for at least 7 days before March 1 of the school fiscal year ending 17
75-June 30, 1978, and each year after; and 18
73+ (3) In Baltimore County, “public school employee” includes a secondary 16
74+school nurse, an elementary school nurse, and a special school nurse. 17
7675
77- (ii) Home and hospital teachers employed by the public school 19
78-employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 20
79-and each year after. 21
76+ (4) In Frederick County, “public school employee” includes a social worker 18
77+employed by a public school employer. 19
8078
81- (3) In Baltimore County, “public school employee” includes a secondary 22
82-school nurse, an elementary school nurse, and a special school nurse. 23
79+ (5) In Prince George’s County, “public school employee” includes home and 20
80+hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 21
8381
84- (4) In Frederick County, “public school employee” includes a social worker 24
85-employed by a public school employer. 25
82+ (6) In Baltimore County, Calvert County, Charles County, and Garrett 22
83+County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 23
84+instructors. 24
8685
87- (5) In Prince George’s County, “public school employee” includes home and 26
88-hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 27
86+ (7) In Carroll County, “public school employee” includes: 25
8987
90- (6) In Baltimore County, Calvert County, Charles County, and Garrett 28
91-County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 29
92-instructors. 30
88+ (i) A registered nurse; 26
9389
94- (7) In Carroll County, “public school employee” includes: 31
90+ (ii) Supervisory noncertificated employees as defined under § 27
91+6–501(i) of this title; and 28
9592
96- (i) A registered nurse; 32
93+ (iii) Junior Reserve Officer Training Corps (JROTC) instructors. 29
94+
95+ (f) “Public school employer” means a county board of education or the Baltimore 30
96+City Board of School Commissioners. 31
9797 SENATE BILL 791 3
9898
9999
100- (ii) Supervisory noncertificated employees as defined under § 1
101-6–501(i) of this title; and 2
100+6–412. 1
102101
103- (iii) Junior Reserve Officer Training Corps (JROTC) instructors. 3
102+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
103+INDICATED. 3
104104
105- (f) “Public school employer” means a county board of education or the Baltimore 4
106-City Board of School Commissioners. 5
105+ (2) “ALTERNATIVE HIGH –QUALITY EDUCATOR CRE DENTIAL” MEANS 4
106+A NON–NBC CERTIFICATION OR CRE DENTIAL: 5
107107
108-6–412. 6
108+ (I) AWARDED TO AN EDUCATO R FOR MEETING HIGH –QUALITY 6
109+STANDARDS ON AN ASSE SSMENT IN A PROFESSIONAL FIELD O R SPECIALTY THAT 7
110+DOES NOT HAVE NBC STANDARDS; AND 8
109111
110- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
111-INDICATED. 8
112+ (II) THAT HAS BEEN APPROVE D JOINTLY BY THE STATE BOARD 9
113+AND THE PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD. 10
112114
113- (2) “ALTERNATIVE HIGH –QUALITY EDUCATOR CRE DENTIAL” MEANS 9
114-A NON–NBC CERTIFICATION OR CRE DENTIAL: 10
115+ (3) “NBC” HAS THE MEANING STAT ED IN § 6–1001 OF THIS TITLE. 11
115116
116- (I) AWARDED TO AN EDUCATO R FOR MEETING HIGH –QUALITY 11
117-STANDARDS ON AN ASSESSM ENT IN A PROFESSIONA L FIELD OR SPECIALTY THAT 12
118-DOES NOT HAVE NBC STANDARDS; AND 13
117+ (4) (I) “QUALIFIED EDUCATOR ” MEANS A PUBLIC SCHOO L 12
118+EMPLOYEE WHO PROVIDE S DIRECT INSTRUCTION OR SERVICES TO STUDE NTS IN A 13
119+PUBLIC SCHOOL . 14
119120
120- (II) THAT HAS BEEN APPROVE D JOINTLY BY THE STATE BOARD 14
121-AND THE PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD. 15
121+ (II) “QUALIFIED EDUCATOR ” DOES NOT INCLUDE A T EACHER, 15
122+AS DEFINED IN § 6–1001 OF THIS TITLE. 16
122123
123- (3) “NBC” HAS THE MEANING STAT ED IN § 6–1001 OF THIS TITLE. 16
124+ (B) BEGINNING JULY 1, 2026, THE MINIMUM SALARY F OR ALL PUBLIC 17
125+SCHOOL EMPLOYEES SHA LL BE $60,000. 18
124126
125- (4) (I) “QUALIFIED EDUCATOR ” MEANS A PUBLIC SCHOO L 17
126-EMPLOYEE WHO PROVIDE S DIRECT INSTRUCTION OR SERVICES TO STUDE NTS IN A 18
127-PUBLIC SCHOOL . 19
127+ (C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , BEGINNING JULY 1, 19
128+2023, SALARY INCREASES FOR QUALIFIED EDUCATORS SHALL, AT A MINIMUM , 20
129+INCLUDE THE FOLLOWIN G: 21
128130
129- (II) “QUALIFIED EDUCATOR ” DOES NOT INCLUDE A T EACHER, 20
130-AS DEFINED IN § 61001 OF THIS TITLE. 21
131+ (1) FOR AN INITIAL A WARD OF AN NBC OR ALTERNATIVE 22
132+HIGH–QUALITY EDUCATOR CRE DENTIAL $10,000 SALARY INCREASE ; AND 23
131133
132- (B) BEGINNING JULY 1, 2026, THE MINIMUM SALARY F OR ALL PUBLIC 22
133-SCHOOL EMPLOYEES SHA LL BE $60,000. 23
134+ (2) FOR A QUALIFIED EDUCA TOR ASSIGNED TO A LO W–PERFORMING 24
135+SCHOOL AS IDENTIFIED BY THE COUNTY BOARD – $7,000 SALARY INCREASE . 25
134136
135- (C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , BEGINNING JULY 1, 24
136-2023, SALARY INCREASES FOR QUALIFIED EDUCATORS SHALL, AT A MINIMUM , 25
137-INCLUDE THE FOL LOWING: 26
137+ (D) (1) IF A QUALIFIED EDUCAT OR IS ELIGIBLE FOR MORE THAN ONE 26
138+SALARY INCREASE UNDE R SUBSECTION (C) OF THIS SECTION , THE QUALIFIED 27
139+EDUCATOR SHALL RECEI VE ALL SALARY INCREA SES THAT APPLY. 28
138140
139- (1) FOR AN INITIAL AWARD OF AN NBC OR ALTERNATIVE 27
140-HIGH–QUALITY EDUCATOR CRE DENTIAL – $10,000 SALARY INCREASE ; AND 28
141-
142- (2) FOR A QUALIFIED EDUCA TOR ASSIGNED TO A LO W–PERFORMING 29
143-SCHOOL AS IDENTIFIED BY THE COUNTY BOARD – $7,000 SALARY INCREASE . 30
144- 4 SENATE BILL 791
141+ (2) A QUALIFIED EDUCATOR W HO RECEIVES A SALARY INCREASE 29
142+UNDER SUBSECTION (C)(2) OF THIS SECTION FO R TEACHING AT A 30 4 SENATE BILL 791
145143
146144
147- (D) (1) IF A QUALIFIED EDUCAT OR IS ELIGIBLE FOR M ORE THAN ONE 1
148-SALARY INCREASE UNDE R SUBSECTION (C) OF THIS SECTION , THE QUALIFIED 2
149-EDUCATOR SHALL RECEI VE ALL SALARY INCREA SES THAT APPLY. 3
145+LOW–PERFORMING SCHOOL MA Y NOT LOSE THAT SALA RY INCREASE WHILE 1
146+TEACHING AT THE SCHO OL EVEN IF THE SCHOO L CEASES TO BE LOW –PERFORMING . 2
150147
151- (2) A QUALIFIED EDUCATOR W HO RECEIVES A SALARY INCREASE 4
152-UNDER SUBSECTION (C)(2) OF THIS SECTION FOR TEACHING AT A 5
153-LOW–PERFORMING SCHOOL MA Y NOT LOSE THAT SALA RY INCREASE WHILE 6
154-TEACHING AT THE SCHO OL EVEN IF THE SCHOO L CEASES TO BE LOW –PERFORMING . 7
148+ (E) THE QUALIFIED EDUCATO R SALARY INCREASES D ESCRIBED UNDER 3
149+SUBSECTION (C) OF THIS SECTION DO N OT APPLY UNTIL § 6–1002(A) OF THIS TITLE 4
150+BECOMES EFFECTIVE AS RECOMMENDED BY THE DEPARTMENT AND APPROV ED BY 5
151+THE ACCOUNTABILITY AND IMPLEMENTATION BOARD. 6
155152
156- (E) THE QUALIFIED EDUCATO R SALARY INCREASES D ESCRIBED UNDER 8
157-SUBSECTION (C) OF THIS SECTION DO N OT APPLY UNTIL § 6–1002(A) OF THIS TITLE 9
158-BECOMES EFFECTIVE AS RECOMMENDED BY THE DEPARTMENT AND APPROV ED BY 10
159-THE ACCOUNTABILITY AND IMPLEMENTATION BOARD. 11
153+6–1001. 7
160154
161-6–1001. 12
155+ (a) In this subtitle the following words have the meanings indicated. 8
162156
163- (a) In this subtitle the following words have the meanings indicated. 13
157+ (c) “NBC” means National Board Certification issued by the National Board for 9
158+Professional Teaching Standards. 10
164159
165- (c) “NBC” means National Board Certification issued by the National Board for 14
166-Professional Teaching Standards. 15
160+ (e) (1) “Teacher” means a certified public school employee who is primarily 11
161+responsible and accountable for teaching the students in the class. 12
167162
168- (e) (1) “Teacher” means a certified public school employee who is primarily 16
169-responsible and accountable for teaching the students in the class. 17
163+ (2) “Teacher” does not include, unless otherwise provided: 13
170164
171- (2) “Teacher” does not include, unless otherwise provided: 18
165+ (i) Curriculum specialists; 14
172166
173- (i) Curriculum specialists; 19
167+ (ii) Instructional aides; 15
174168
175- (ii) Instructional aides; 20
169+ (iii) Attendance personnel; 16
176170
177- (iii) Attendance personnel; 21
171+ (iv) Psychologists; 17
178172
179- (iv) Psychologists; 22
173+ (v) Social workers; 18
180174
181- (v) Social workers; 23
175+ (vi) Clerical personnel; 19
182176
183- (vi) Clerical personnel; 24
177+ (vii) An individual with a Resident Teacher Certificate; or 20
184178
185- (vii) An individual with a Resident Teacher Certificate; or 25
179+ (viii) An individual with a certification for career professionals. 21
186180
187- (viii) An individual with a certification for career professionals. 26
181+6–1003. 22
188182
189-6–1003. 27
183+ (b) (1) An assistant principal is on level three of the career ladder and shall: 23
190184
191- (b) (1) An assistant principal is on level three of the career ladder and shall: 28
192- SENATE BILL 791 5
185+ (i) Be an NBC teacher; or 24
186+
187+ (ii) Have an advanced professional certificate for administration. 25
188+
189+ (2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as 26
190+specified by the State Board, an assistant principal shall[: 27 SENATE BILL 791 5
193191
194192
195- (i) Be an NBC teacher; or 1
196193
197- (ii) Have an advanced professional certificate for administration. 2
194+ (i) Teach in the classroom] PARTICIPATE IN CLASS ROOM 1
195+ACTIVITY INVOLVING D IRECT INTERACTIONS WITH ST UDENTS for at least 20% of their 2
196+working hours[; and 3
198197
199- (2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as 3
200-specified by the State Board, an assistant principal shall[: 4
198+ (ii) Spend the remaining time on other teacher activities, including: 4
201199
202- (i) Teach in the classroom] PARTICIPATE IN CLASSROOM 5
203-ACTIVITY INVOLVING D IRECT INTERACTIONS W ITH STUDENTS LEAD ACADEMIC 6
204-INSTRUCTION FOR STUD ENTS IN A CLASSROOM , SMALL GROUPS , OR A ONE–ON–ONE 7
205-INTERACTION for at least 20% of their working hours[; and 8
200+ 1. Setting priorities for the subject level departments of the 5
201+school; and 6
206202
207- (ii) Spend A PORTION OF the remaining time on other teacher 9
208-activities, including: 10
203+ 2. Fulfilling specialized roles, such as head of professional 7
204+development]. 8
209205
210- 1. Setting priorities for the subject level departments of the 11
211-school; and 12
206+6–1004. 9
212207
213- 2. Fulfilling specialized roles, such as head of professional 13
214-development]. 14
208+ (e) A county board shall select[: 10
215209
216- (3) THE REQUIREMENTS OF P ARAGRAPH (2) OF THIS SUBSECTIO N 15
217-MAY NOT BE CONSTRUED TO REQUIRE THAT AN A SSISTANT PRINCIPAL B E 16
218-DESIGNATED AS A TEAC HER OF RECORD . 17
210+ (1) A] A mentor teacher for induction programs and teacher training 11
211+practicums from the teacher leadership track[; and 12
219212
220-6–1004. 18
213+ (2) An expert to write curriculum and assessment items and develop model 13
214+lessons from the distinguished teacher and professor distinguished teacher tiers of the 14
215+teacher leadership track]. 15
221216
222- (e) A WHEN THE CAREER LADDE R UNDER § 6–1002(A) OF THIS TITLE IS 19
223-DETERMINED BY THE ACCOUNTABILITY AND IMPLEMENTATION BOARD TO BE WELL 20
224-ESTABLISHED THROUGHOUT THE STATE, A county board shall select[: 21
225-
226- (1) A] A mentor teacher for induction programs and teacher training 22
227-practicums from the teacher leadership track[; and 23
228-
229- (2) An expert to write curriculum and assessment items and develop model 24
230-lessons from the distinguished teacher and professor distinguished teacher tiers of the 25
231-teacher leadership track]. 26
232-
233- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
234-1, 2023. 28
217+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
218+1, 2023. 17
235219