Maryland 2023 Regular Session

Maryland Senate Bill SB791 Latest Draft

Bill / Engrossed Version Filed 03/17/2023

                             
 
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. 
          *sb0791*  
  
SENATE BILL 791 
F1   	3lr1971 
    	CF HB 883 
By: Senators Elfreth and Kramer, Kramer, Augustine, Brooks, Feldman, Kagan, 
Lewis Young, Simonaire, M. Washington, and Watson 
Introduced and read first time: February 6, 2023 
Assigned to: Education, Energy, and the Environment and Budget and Taxation 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: March 8, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Primary and Secondary Education – Public School Employees – Job Duties and 2 
Salaries 3 
 
FOR the purpose of altering the minimum salary for and establishing certain salary 4 
increases for certain public school employees; altering the duties of an assistant 5 
principal on the career ladder; repealing providing that a requirement that for a 6 
county board of education must to select a certain teacher on the teacher leadership 7 
track of the career ladder to write certain curriculum and assessment plans is subject 8 
to a certain condition; and generally relating to the salaries and job duties of public 9 
school employees. 10 
 
BY repealing and reenacting, without amendments, 11 
 Article – Education 12 
Section 6–401(a), (e), and (f) and 6–1001(a), (c), and (e) 13 
 Annotated Code of Maryland 14 
 (2022 Replacement Volume) 15 
 
BY adding to 16 
 Article – Education 17 
Section 6–412 18 
 Annotated Code of Maryland 19 
 (2022 Replacement Volume) 20 
 
BY repealing and reenacting, with amendments, 21  2 	SENATE BILL 791  
 
 
 Article – Education 1 
Section 6–1003(b) and 6–1004(e) 2 
 Annotated Code of Maryland 3 
 (2022 Replacement Volume) 4 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 
That the Laws of Maryland read as follows: 6 
 
Article – Education 7 
 
6–401. 8 
 
 (a) In this subtitle the following words have the meanings indicated. 9 
 
 (e) (1) “Public school employee” means a certificated professional individual 10 
who is employed by a public school employer or an individual of equivalent status in 11 
Baltimore City, except for a county superintendent or an individual designated by the 12 
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 13 
subtitle. 14 
 
 (2) In Montgomery County, “public school employees” include: 15 
 
 (i) Certificated and noncertificated substitute teachers employed by 16 
the public school employer for at least 7 days before March 1 of the school fiscal year ending 17 
June 30, 1978, and each year after; and 18 
 
 (ii) Home and hospital teachers employed by the public school 19 
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 20 
and each year after. 21 
 
 (3) In Baltimore County, “public school employee” includes a secondary 22 
school nurse, an elementary school nurse, and a special school nurse. 23 
 
 (4) In Frederick County, “public school employee” includes a social worker 24 
employed by a public school employer. 25 
 
 (5) In Prince George’s County, “public school employee” includes home and 26 
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 27 
 
 (6) In Baltimore County, Calvert County, Charles County, and Garrett 28 
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 29 
instructors. 30 
 
 (7) In Carroll County, “public school employee” includes: 31 
 
 (i) A registered nurse; 32 
   	SENATE BILL 791 	3 
 
 
 (ii) Supervisory noncertificated employees as defined under §  1 
6–501(i) of this title; and 2 
 
 (iii) Junior Reserve Officer Training Corps (JROTC) instructors. 3 
 
 (f) “Public school employer” means a county board of education or the Baltimore 4 
City Board of School Commissioners. 5 
 
6–412. 6 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7 
INDICATED. 8 
 
 (2) “ALTERNATIVE HIGH –QUALITY EDUCATOR CRE DENTIAL” MEANS 9 
A NON–NBC CERTIFICATION OR CRE DENTIAL: 10 
 
 (I) AWARDED TO AN EDUCATO R FOR MEETING HIGH –QUALITY 11 
STANDARDS ON AN ASSESSM ENT IN A PROFESSIONA L FIELD OR SPECIALTY THAT 12 
DOES NOT HAVE NBC STANDARDS; AND 13 
 
 (II) THAT HAS BEEN APPROVE D JOINTLY BY THE STATE BOARD 14 
AND THE PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD.  15 
 
 (3) “NBC” HAS THE MEANING STAT ED IN § 6–1001 OF THIS TITLE. 16 
 
 (4) (I) “QUALIFIED EDUCATOR ” MEANS A PUBLIC SCHOO L 17 
EMPLOYEE WHO PROVIDE S DIRECT INSTRUCTION OR SERVICES TO STUDE NTS IN A 18 
PUBLIC SCHOOL . 19 
 
 (II) “QUALIFIED EDUCATOR ” DOES NOT INCLUDE A T EACHER, 20 
AS DEFINED IN § 6–1001 OF THIS TITLE. 21 
 
 (B) BEGINNING JULY 1, 2026, THE MINIMUM SALARY F OR ALL PUBLIC 22 
SCHOOL EMPLOYEES SHA LL BE $60,000. 23 
 
 (C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , BEGINNING JULY 1, 24 
2023, SALARY INCREASES FOR QUALIFIED EDUCATORS SHALL, AT A MINIMUM , 25 
INCLUDE THE FOL LOWING: 26 
 
 (1) FOR AN INITIAL AWARD OF AN NBC OR ALTERNATIVE 27 
HIGH–QUALITY EDUCATOR CRE DENTIAL – $10,000 SALARY INCREASE ; AND 28 
 
 (2) FOR A QUALIFIED EDUCA TOR ASSIGNED TO A LO W–PERFORMING 29 
SCHOOL AS IDENTIFIED BY THE COUNTY BOARD – $7,000 SALARY INCREASE . 30 
  4 	SENATE BILL 791  
 
 
 (D) (1) IF A QUALIFIED EDUCAT OR IS ELIGIBLE FOR M ORE THAN ONE 1 
SALARY INCREASE UNDE R SUBSECTION (C) OF THIS SECTION , THE QUALIFIED 2 
EDUCATOR SHALL RECEI VE ALL SALARY INCREA SES THAT APPLY. 3 
 
 (2) A QUALIFIED EDUCATOR W HO RECEIVES A SALARY INCREASE 4 
UNDER SUBSECTION (C)(2) OF THIS SECTION FOR 	TEACHING AT A 5 
LOW–PERFORMING SCHOOL MA Y NOT LOSE THAT SALA RY INCREASE WHILE 6 
TEACHING AT THE SCHO OL EVEN IF THE SCHOO L CEASES TO BE LOW –PERFORMING . 7 
 
 (E) THE QUALIFIED EDUCATO R SALARY INCREASES D ESCRIBED UNDER 8 
SUBSECTION (C) OF THIS SECTION DO N OT APPLY UNTIL § 6–1002(A) OF THIS TITLE 9 
BECOMES EFFECTIVE AS RECOMMENDED BY THE DEPARTMENT AND APPROV ED BY 10 
THE ACCOUNTABILITY AND IMPLEMENTATION BOARD. 11 
 
6–1001. 12 
 
 (a) In this subtitle the following words have the meanings indicated. 13 
 
 (c) “NBC” means National Board Certification issued by the National Board for 14 
Professional Teaching Standards. 15 
 
 (e) (1) “Teacher” means a certified public school employee who is primarily 16 
responsible and accountable for teaching the students in the class. 17 
 
 (2) “Teacher” does not include, unless otherwise provided: 18 
 
 (i) Curriculum specialists; 19 
 
 (ii) Instructional aides; 20 
 
 (iii) Attendance personnel; 21 
 
 (iv) Psychologists; 22 
 
 (v) Social workers; 23 
 
 (vi) Clerical personnel; 24 
 
 (vii) An individual with a Resident Teacher Certificate; or 25 
 
 (viii) An individual with a certification for career professionals. 26 
 
6–1003. 27 
 
 (b) (1) An assistant principal is on level three of the career ladder and shall: 28 
   	SENATE BILL 791 	5 
 
 
 (i) Be an NBC teacher; or 1 
 
 (ii) Have an advanced professional certificate for administration. 2 
 
 (2) Beginning with teachers listed under § 6–1002(f)(3) of this subtitle, as 3 
specified by the State Board, an assistant principal shall[: 4 
 
 (i) Teach in the classroom] PARTICIPATE IN CLASSROOM 5 
ACTIVITY INVOLVING D IRECT INTERACTIONS W ITH STUDENTS LEAD ACADEMIC 6 
INSTRUCTION FOR STUD ENTS IN A CLASSROOM , SMALL GROUPS , OR A ONE–ON–ONE 7 
INTERACTION for at least 20% of their working hours[; and 8 
 
 (ii) Spend A PORTION OF the remaining time on other teacher 9 
activities, including: 10 
 
 1. Setting priorities for the subject level departments of the 11 
school; and 12 
 
 2. Fulfilling specialized roles, such as head of professional 13 
development]. 14 
 
 (3) THE REQUIREMENTS OF P ARAGRAPH (2) OF THIS SUBSECTIO N 15 
MAY NOT BE CONSTRUED TO REQUIRE THAT AN A SSISTANT PRINCIPAL B E 16 
DESIGNATED AS A TEAC HER OF RECORD .  17 
 
6–1004. 18 
 
 (e) A WHEN THE CAREER LADDE R UNDER § 6–1002(A) OF THIS TITLE IS 19 
DETERMINED BY THE ACCOUNTABILITY AND IMPLEMENTATION BOARD TO BE WELL 20 
ESTABLISHED THROUGHOUT THE STATE, A county board shall select[: 21 
 
 (1) A] A mentor teacher for induction programs and teacher training 22 
practicums from the teacher leadership track[; and 23 
 
 (2) An expert to write curriculum and assessment items and develop model 24 
lessons from the distinguished teacher and professor distinguished teacher tiers of the 25 
teacher leadership track]. 26 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27 
1, 2023. 28