HB 1376
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1376 (Delegate Washington)
Ways and Means
Primary and Secondary Education - Virtual Education - Requirements
This bill establishes a number of requirements related to virtual education for public
schools. The bill establishes requirements related to (1) temporary and permanent virtual
schools; (2) teacher preparation and professional development; (3) addressing and
mitigating the effects of learning loss; and (4) expanding computer and Internet security
infrastructure for virtual education. The bill also requires Maryland State Department of
Education (MSDE) and local school systems to meet specified requirements including
implementing a statewide learning management system (LMS) by July 1, 2022, for use by
all public schools. In addition, the bill establishes a Flip the Classroom Pilot Program. The
bill takes effect July 1, 2021.
Fiscal Summary
State Effect: MSDE expenditures increase by $1.2 million in fiscal 2022, increasing to
$4.7 million in fiscal 2023 to hire staff, fund professional development, fund Flip the
Classroom grants, increase computer security, and implement a statewide LMS, as
discussed below. Federal COVID-19 funds can likely be used to cover these costs into
fiscal 2025; general fund expenditures increase in future years. Revenues are not affected.
($ in millions) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 0 0 0 0 4.8
FF Expenditure 1.2 4.7 4.7 4.7 0
Net Effect ($1.2) ($4.7) ($4.7) ($4.7) ($4.8)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local school system expenditures increase by at least $80,000 each
beginning in FY 2024 to hire the LMS staff mandated by the bill, which is potentially offset
by a decrease in local LMS expenses. State aid for professional development and Flip the
Classroom pilot programs may increase. As explained below, other expenditures are likely
optional or can be handled with existing resources including significant federal COVID-19
funds but cannot be reliably estimated.
Small Business Effect: None.
Analysis
Bill Summary:
Virtual Education Teacher Preparation
Each teacher preparation program must include training in the pedagogy of virtual
education including specified best practice principles. MSDE must provide guidance to
local school systems for the periodic professional development and support for teachers to
achieve the specified virtual education best practice principles. MSDE must provide
funding to local school systems for professional development to implement this guidance.
Flip the Classroom Pilot Program
MSDE must implement and administer a Flip the Classroom Pilot Program in which a local
school may choose to participate.
The purpose of the Flip the Classroom Pilot Program is to enable students to (1) learn
outside temporal instruction using recorded lectures and (2) spend classroom time on
individual and group exercises that apply the lessons from the recorded lectures.
The pilot program must provide teachers with the tools necessary to (1) record a classroom
lecture to be viewed asynchronously by students as homework and (2) spend classroom
time fostering collaborative peer-to-peer work between students based on the recorded
lecture. A public school may choose to participate in the pilot program.
Universal Learning Management System
By July 1, 2022, MSDE must (1) establish a statewide universal LMS for use in all public
schools in the State and (2) hire a dedicated employee to implement and manage the
universal LMS. By July 1, 2023, each local board of education must hire at least
HB 1376/ Page 2
one dedicated employee to coordinate use of the universal statewide LMS within the local
school system.
Beginning with the 2022-2023 school year, MSDE must make the State curriculum
standards developed as part of the Blueprint for Maryland’s Future (Chapter 36 of 2021)
available through the universal LMS.
Permanent and Temporary Virtual Schools
Subject to the approval of MSDE, in the event of a sustained event that prevents normal
attendance at a school over several school days, a local board may elect to transition to
virtual education. As under current law, a local board of education may also establish a
permanent virtual school, including a virtual senior year. A permanent virtual school is
defined to be a public school established by MSDE or by a local board in which the school
consistently and permanently is engaged in virtual education.
In transitioning to virtual education or establishing a permanent virtual school, including a
virtual senior year, a local board must establish:
 an equity plan to ensure that all students engage in virtual education continue to
receive a thorough and free education;
 a method to accurately measure attendance;
 a process to provide a free and appropriate public education to a student with a
disability enrolled in virtual education; and
 a plan to ensure that students continue to receive physical education.
MSDE must expand computer and Internet security infrastructure for virtual education,
including staff to maintain security. Likewise, each local school system must dedicate at
least one staff member to oversee computer and Internet security infrastructure for virtual
education.
The State Board of Education (SBE) must adopt regulations to implement the provisions
related to temporary and permanent virtual schools, including establishing minimum
criteria for the establishment and approval of a permanent virtual school or the transition
to a temporary virtual school.
Permanent Virtual School Requirements
The bill makes enrollment in a permanent virtual school subject to any requirements set by
MSDE or the local board of education that establishes the virtual school.
HB 1376/ Page 3
Subject to the approval of MSDE and meeting specified requirements, a local board of
education may authorize a school to offer a virtual learning senior year for a public high
school student’s senior year.
A permanent virtual school must provide each enrolled student with specified requirements
that are required for a “virtual school” under current law. Specifically, a permanent virtual
school must provide each enrolled student with (1) access to a sequential curriculum
approved by SBE that meets or exceeds the standards adopted by the local standards;
(2) the same length of time for learning opportunities per academic year that is required for
public school students, unless the virtual school can show that a student has demonstrated
mastery or completion of the subject area; and (3) regular assessment in the core areas of
instruction as specified. A permanent school is not required to provide instructional
materials, including software and information on the closest public facility that offers
access to a computer, printer, and Internet connection. Those requirements only apply to a
temporary virtual school.
A teacher employed by a permanent virtual school must (1) have a Maryland teacher’s
certificate and (2) participate in the career ladder.
Local school systems that engage in virtual schooling must annually report specified
information.
Finally, a permanent virtual school must maintain an administrative office in the State to
be considered its principal place of business and be evaluated annually by its administrator
as specified.
Temporary Virtual School Requirements
A temporary virtual school must, to the extent practicable, provide each student with access
to the same curriculum, subject to the same standards, that the student would have had
access to if the school had not transition to virtual education. It must also provide regular
assessments to measure learning loss in core areas of instruction.
An administrator of a temporary virtual school must require a staff member to conduct
regular check-ins with students at least once per week and struggling students
multiple times per week. An administrator may assign a community school coordinator,
staff member, or team of staff to conduct the check-ins.
A temporary virtual school must strive to prevent learning loss by establishing a virtual
tutoring system or providing instructional time for virtual learning that is in addition to the
daily and hourly attendance requirements. In addition, a temporary virtual school must
HB 1376/ Page 4
develop a plan to focus on students with the greatest need and the most learning loss,
including those specified.
MSDE must establish standards for training teachers on how to prepare virtual education
plans. A school providing virtual education must designate a lead digital teacher to assist
students and staff with engaging in virtual learning. A local school system must provide
periodic professional development and support for teachers following MSDE’s guidance.
MSDE must provide funding for the guidance required. During prolonged periods of school
closure during which a school has elected to transition to virtual education, MSDE must
provide mental health support for school personnel.
In addition to current requirements, an administrator of a temporary virtual school must
develop a culturally appropriate parent engagement plan, including a specific strategy to
engage with specified groups. As under current law, a temporary virtual school may not
provide funds for the purchase of instructional programs or materials to a student or to a
student’s parent or guardian.
An administrator of a temporary virtual school must use multiple methods of
communication during virtual education to ensure that students and parents receive
specified information. If possible, an administrator must provide the information required
in the native spoken language of the parents of each student.
If it is in accordance with public health guidance, an administrator of a temporary virtual
school must establish learning centers for use during an extended school closure in suitable
occupied buildings, including State buildings that are not in use. If funding is available
during the extended school closure, an administrator of a temporary virtual school must
establish additional learning centers prioritizing community schools eligible for
concentration of poverty grants and with high absenteeism as specified. A community
school must address and mitigate the effects of learning loss and chronic absenteeism
caused by school closure and lack of in-person instruction.
By August 15, 2021, and each August 15 thereafter, each local board of education must
collect specified data from each school that engaged in virtual education during the
previous school year. Each year, each local board of education must publish this data on
its website.
When a local board of education elects to transition a school to a temporary virtual school,
the local board must establish a temporary administrative office in the State that must
considered the temporary virtual school’s principal place of business for as long as it
continues to provide virtual education.
HB 1376/ Page 5
Current Law:
Blueprint for Maryland’s Future
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 Accountability and
Implementation Board (AIB) to oversee 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.
Teacher Preparation Programs
In addition, Chapter 36 of 2021 establishes requirements for teacher preparation programs
at institutions of higher education and alternative teacher preparation programs, including
course content, teacher training practicums, and mentor teacher selection criteria.
In addition, Chapter 36 of 2021 establishes requirements for teacher preparation programs.
Specially, a teacher preparation program must (1) include specified components of
instruction; (2) require program participants to demonstrate competency in each of the
required components; (3) provide training in the knowledge and skills required to
understand and teach the Maryland curriculum framework; and (4) on or after July 1, 2025,
require passing a nationally recognized portfolio-based assessment of teaching ability as a
requirement for graduation.
Further, each teacher preparation program must incorporate classroom observations in
which the program participant is observed in different school settings at the beginning of
the teacher preparation program to assist a program participant in determining if the
program participant has the aptitude and temperament for teaching.
HB 1376/ Page 6
To further support and strengthen the profession of teaching in the State, MSDE must
(1) provide technical assistance and other supports to teacher preparation programs at
institutions of higher education; (2) develop a systematic method of providing feedback to
teacher preparation programs to ensure that institutions of higher education have the most
current information about the content, composition, and expectations for teachers of
prekindergarten through grade 12 class; and (3) assist teacher preparation programs in
seeking and retaining highly qualified individuals, including individuals from groups of
historically underrepresented in the teaching profession.
SBE and the Professional Standards and Teacher Education Board must, in consultation
with AIB, adopt regulations to implement these provisions.
Model Curriculum
According to Chapter 36, MSDE, in consultation with experienced teachers, must develop
specified curriculum standards and curriculum resources that include specified elements
and meet specified standards, for each subject at each grade level, that build on one another
in logical sequence in core subjects. MSDE must submit the curriculum resources and
curriculum standards developed to SBE for adoption.
Using specified assessments in specified core subjects, the SBE must identify
low-performing schools. If MSDE, based on a recommendation by the Expert Review
Team, determines that a low-performing school’s performance is largely due to curricular
problems, then the school must use the model curriculum. Otherwise, local school systems
and public schools are not required to adopt the curriculum standards and resources
developed by MSDE.
Collective Bargaining
A public school employee may refuse to join or participate in the activities of employee
organizations.
Virtual Schools
“Virtual school” is defined as a public school established by MSDE or by a local board in
which the school uses technology to deliver a significant portion of instruction to its
students via the Internet in a virtual or remote setting.
Subject to the approval of MSDE, a local board may establish a virtual school. A virtual
school is subject to all applicable federal and State laws and regulations governing the
operation of a public school. A student who is eligible for enrollment in a public school in
the State may enroll in a virtual school.
HB 1376/ Page 7
Enrolled students must be provided with a sequential curriculum that meets or exceeds the
local standards and is approved by SBE as well as regular assessments. Enrolled students
must also be provided with the same length of time for learning opportunities
per academic year that is required for public school students unless the virtual school can
show that a student has demonstrated mastery or completion of the subject area.
A virtual school’s curriculum must have an interactive program with significant online
components.
A virtual school must provide the parents or guardians of enrolled students with
instructional materials, including software, and information on the closest public facility
that offers access to a computer, printer, and Internet connection. A virtual school may not
provide funds for the purchase of instructional programs or materials to a student or to a
student’s parent or guardian.
A teacher employed by a virtual school must have a teacher’s certificate issued by the
State Superintendent. A virtual school must maintain an administrative office in the State
that must be considered its principal place of business.
A virtual school must be evaluated each year by its sponsor based on the following criteria:
(1) the extent to which the school demonstrates increases in student achievement according
to local and State academic standards; and (2) the accountability and viability of the