Bill Summary – FastDemocracy

HB 1278
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                                First Reader
House Bill 1278                                 (Delegate Ebersole)
Ways and Means
   Department of Legislative Services - Study - Capacity and Accountability of State
                              Department of Education
This bill requires the Department of Legislative Services (DLS) to contract with a
consultant to study and make recommendations regarding the capacity and accountability
of the Maryland State Department of Education (MSDE) to carry out its responsibilities
and duties to implement the Blueprint for Maryland’s Future. On request, MSDE must
provide specified information within 30 days of the request. By September 1, 2021, and
quarterly thereafter, MSDE must report to the General Assembly on the allocation of funds
provided under the federal Coronavirus Aid Relief, and Economic Security (CARES) Act
by MSDE and local school systems. By December 1, 2021, DLS must report to specified
entities on the implementation of the bill. The bill takes effect June 1, 2021, and
terminates May 31, 2022.
                                                      Fiscal Summary
State Effect: General fund expenditures increase by approximately $82,500 in FY 2022
to contract with a consultant as required by the bill. MSDE can provide any requested
information and quarterly reports with existing resources. Revenues are not affected.
      (in dollars)                FY 2022               FY 2023                FY 2024               FY 2025               FY 2026
   Revenues                                 $0                      $0                     $0                    $0                    $0
   GF Expenditure                       82,500                       0                      0                     0                     0
   Net Effect                        ($82,500)                      $0                     $0                    $0                    $0
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local school systems can provide any required data on how federal funds
were spent using existing resources.
Small Business Effect: Minimal; the consultant hired may be a small business.
                                         Analysis
Bill Summary: The outside consultant must collect data and account for how MSDE and
local education agencies spend funding provided under the federal CARES Act and the
Additional Coronavirus Response and Relief Supplemental Appropriations (CRRSA)
provided in the federal Consolidated Appropriations Act, 2021. With regard to student
learning loss due to the COVID-19 pandemic the outside consultant must (1) recommend
ongoing requirements for data collection and analysis by MSDE and the Maryland
Longitudinal Data System; (2) review mitigation plans by local boards of education; and
(3) review corrective actions taken by MSDE and local boards. The consultant must submit
its report to the Accountability and Implementation Board (AIB).
The consultant hired must be independent from MSDE and have expertise in the capacity
and accountability of State and local agencies.
On request of DLS or the consultant, MSDE must provide to the requesting entity, not later
than 30 days after the date of the request, information regarding (1) the allocation of funds
provided under the federal CARES Act; (2) written guidance and professional development
materials provided to local boards of education to implement learning loss mitigation
measures, including evidence-based best practices, practice manuals, and handbooks;
(3) analysis of the accuracy of implementation of learning loss mitigation measures and
outcomes, including the identification of gaps in service; and (4) any actions taken by
MSDE to correct issues regarding measures taken by MSDE or local school systems to
mitigate student learning loss.
Specifically, DLS must report to AIB, the Legislative Policy Committee, the Senate
Education, Health, and Environmental Affairs Committee, the House Appropriations
Committee, and the House Committee on Ways and Means.
Current Law: Chapter 771 of 2019 established the Blueprint for Maryland’s Future (the
Blueprint) as the policy goals for Maryland’s education system based on the policy
recommendations of the Commission on Innovation and Excellence in Education (known
as the Kirwan Commission after its chair Dr. William “Brit” Kirwan). Legislation was
introduced in the 2020 session, passed by the General Assembly, and vetoed by the
Governor (House Bill 1300) to implement the final set of policy and funding
recommendations of the commission that will encompass the Blueprint. The
General Assembly overrode the veto on February 12, 2021, enacting the law as Chapter 36
of 2021.
Under the law, the Blueprint would, beginning in fiscal 2022, substantially alter State aid
and State policy for public schools. It would establish in law the policies and accountability
recommendations of the commission, including creation of a new AIB to oversee
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implementation of the policies and funding provided under the Blueprint. Funding for
existing education formulas, including the foundation program and targeted programs, is
altered and new funding formulas are established for specific purposes, such as the
concentration of poverty grant program and publicly funded full-day prekindergarten
program.
State Expenditures: Based on the consultant costs for the Kirwan Commission over a
three-year period, a capacity and accountability study of this magnitude (taking less than
six months to complete) can likely be completed for approximately $65,000 to $100,000.
General fund expenditures, therefore, increase by $82,500 (the midpoint) in fiscal 2022.
Actual costs will depend on the actual funds made available and the bids received from
consultants.
MSDE advises that providing DLS and a consultant hired by DLS data regarding local
school system spending on CARES Act and CRRSA funds as well as programmatic data
on learning loss and the accuracy of mitigation measures and outcomes will have an
operational impact but can be accomplished using existing resources. However,
implementing any recommendations of the consultant, especially with regard to data
collection and validation, may require additional resources.
                               Additional Information
Prior Introductions: None.
Designated Cross File: SB 825 (Senator Hester) - Education, Health, and Environmental
Affairs.
Information Source(s): Maryland State Department of Education; Legislative Services;
Department of Legislative Services
Fiscal Note History:     First Reader - March 2, 2021
rh/rhh
Analysis by: Caroline L. Boice                        Direct Inquiries to:
                                                      (410) 946-5510
                                                      (301) 970-5510
HB 1278/ Page 3
Statutes affected: 
Text - First - Department of Legislative Services - Study - Capacity and Accountability of State Department of Education: 21-257 []