Senator Brian Feldman's Maryland Senate Bill 554: "I urge you to throw this bill in the trash where it belongs."

There is another bill in the Maryland legislature on behalf of our Democratic Attorney General to prohibit people from being able to request public records of the government for which government gets to determine are abusive.

Here is my letter to the Chair and Vice Chair of the judiciary committee.

Dear Senators,

I am writing to express significant opposition to SB0554 - Public Information Act – Frivolous, Vexatious, or Abusive Requests – Remedies.

It is very troubling that PIA (Public Information Act) legislation is being prioritized to limit the public's access to public records. The Attorney General's own Public Information Act manual states:

"In most cases, a person need not justify or otherwise explain a request to inspect records, and a custodian of records may not require a person to say who they

are or why they want the records as a prerequisite to responding to a request. GP § 4-204. Nor may a custodian ignore a request on the grounds that it was made for the purpose of harassment. GP § 4-203(c)(2)."

I am a parent advocate for special education and I have submitted many PIA requests to gain public records related to the provision of services to students with disabilities. The Kirwan Commission recognized special education services to be so lacking as to create a separate work group for special education. The public has a right to know how our children with disabilities are being educated or not. Should school systems be allowed to simply ignore my requests and ban me from future requests, which I believe is unconstitutional.

When a friend told me that Carroll County Public Schools was paying 2 expensive private attorneys to fight one parent in a special education due process hearing, I submitted a PIA request last February for the attorney invoices to see how much CCPS was paying to fight this parent. The request was denied. So, I wrote back and explained to CCPS that attorney invoices do not reveal personally identifiable information and CCPS then provided almost fully redacted invoices (redacting the 2 attorneys initials also). After additional emails, I ended up in mediation with the Attorney General's Public Access Ombudsman. All I am allowed to say is that the mediation was not resolved. I then filed a complaint with the Public Information Act Compliance Board. It took additional time of back and forth with the Board and CCPS and the final ruling was that CCPS had to provide me with the invoices with only the student information redacted. Eight months later, there were no consequences for the school system's noncompliance with the law. THAT is what the legislature should be correcting. The PIA "shall be construed in favor of allowing inspection of a public record" GP §4–103

In another case, former Delegate Robert Flanagan requested emails between the Howard County administration and a private lobbyist. The records were denied using attorney-client privilege and deliberative process exemptions. The person denying the records was the County Executive's sister-in-law, campaign manager, and his special assistant in state government. Mr. Flanagan filed a circuit court complaint with violations of the PIA and the County admitted willful violation of the law. Imagine if this bill was in effect and the County Administration could simply ignore the requests and ban the requester from any other requests. This is unbelievably outrageous and reminds me of Trump and not Maryland Democrats, who are supposed to be about transparency in government.

from the bill: "... THE CUSTODIAN NEED NOT RESPOND TO FUTURE REQUESTS FROM THE APPLICANT OR ANOTHER PERSON MAKING A REQUEST ON BEHALF OF THE APPLICANT FOR A SPECIFIED PERIOD OF TIME."

I urge you to throw this bill in the trash where it belongs.

Respectfully.

Barb Krupiarz

***TODAY: Montgomery County Senators Blocking Legislation for Children with Disabilities @CherylKagan @BrianJFeldman

We need your help to push HB294 County Boards of Education - Due Process Proceedings for Children With Disabilities - Burden of Proof and HB1237 Special Education - Judicial Actions - Attorney's Fees and Related Costs over the finish line in Annapolis TODAY! 

These bills will help level the playing field for parents or guardians in due process proceedings. HB294 shifts the burden of proof to the local education authority (LEA) to prove that they are delivering an appropriate education to students. This is important because LEAs have many more resources than the family in a hearing, causing a "David and Goliath" situation. HB1237 would cover attorney fees AND expert witness fees if a family wins their case. Again, the school system has access to experts, but a family must be able to pay for witness fees. This creates inequities. Unless these bills pass, families with means will continue to have a better chance at obtaining a free and appropriate education. Both bills passed the House of Delegates without opposition and passed 135-0! Both have stalled in the Education, Energy, and the Environment committee.

 https://www.votervoice.net/mobile/FSPTA/Campaigns/103595/Respond?vvsn=BP8EAgyLBCrSZAIB2vb7BAA

Dumais, Feldman, King, Fraser-Hidalgo, and Qi Push Law that will take about $308,700 annually from Mont. Co. revenue. And the rich get richer!

(Note the Glenstone Museum was able to route a Ride On bus through their property without any public discussion.  That change in the Tobytown Ride On bus line requires riders to ride through the Glenstone property everytime they use the Ride On to get to and from Tobytown and Rockville.  The Ride On bus enters the locked Glenstone gates to pick up at the private Glenstone Ride On bus stop.  Who else in Montgomery County has a Ride On bus stop on private property behind locked gates and inaccessible to the public?)

...The bill would allow Glenstone to seek property tax exemption for all parts of the land that are used for museum purposes so long as Glenstone remains open to the public and doesn’t charge admission.

Montgomery’s county council and county executive submitted testimony opposing the bill, citing lost revenue.

Right now, state law allows Glenstone to exempt up to 100 acres. If the bill passes, the whole property could eventually be eligible and there are plans to use the entire acreage for artistic purposes. The county’s revenue loss would be about $308,700 annually if the whole property is exempted.

“The cost of this exemption would force the County to either absorb the revenue loss or shift the tax burden to its other taxpayers,” the county Office of Intergovernmental Relations wrote in a letter to the Ways and Means Committee.

The state’s property tax loss would be an estimated $34,800...

https://www.marylandmatters.org/blog/some-montgomery-lawmakers-balk-as-house-passes-museum-tax-break/

False hope for Md. childhood sexual assault survivors

At first glance, the newly enacted Maryland law that extends the statute of limitations for victims of childhood sexual abuse from age 25 to age 38 appears to offer hope to individuals who, for any number of reasons, are psychologically unable or unwilling to seek a remedy for the horrors they experienced as children until they are well into adulthood.

That’s not how it worked out, however, and at the very least this law delivers false hope. House Bill 642 instead dealt a stealthy and significant win to the Archdiocese of Baltimore — and any other employer that has allowed perpetrators under their purview to persist in terrorizing children.

Here’s why. Although the law extends the statute of limitations from age 25 to 38, it adds an onerous requirement: Victims older than 25 who sue a rapist’s employer must now meet the notoriously difficult-to-prove gross negligence standard. Before this law, a sexual-abuse victim had to demonstrate ordinary negligence by the employer. What the new law means is that older victims suing potentially culpable employers, such as the Archdiocese of Baltimore in the priest-rape cases, must prove that the employer was acting with thoughtless disregard for the consequences without the exertion of any effort to avoid them.

Therefore, schools or camps or other organizations that purport to care for children, but allow abuse under their noses, can get off the hook and avoid compensating victims because proving gross negligence is just too hard...

...This punitive outcome from legislation that was clearly mischaracterized as rendering only a benefit to victims is unacceptable and it should be changed during the next session of the Maryland General Assembly. One way to right this wrong would be to take the high road — an approach that has worked next door in Delaware. That state lifted the statute of limitations on lawsuits for two years for victims of pediatric sexual abuse, giving them an open window to bring suit no matter how old the incidents and regardless of the reason that the victim failed to file before. Such an approach came at no cost to taxpayers, and it helped ensure that pedophiles were identified and possibly prevented from causing harm to other children...

http://www.baltimoresun.com/news/opinion/oped/bs-ed-op-1012-abuse-victims-redress-20171011-story.html

Apple Ballot Keeps Historically Black, Low-Income Community Isolated By Cutting Bus Service

The citizens of Montgomery County continually vote into office the teachers' union Apple Ballot endorsed candidates.  Montgomery County citizens support teachers and think that teachers will do right by our citizens and chose candidates that value and respect all citizens.

But, the reality is very, very different.  

Here is an example of how the Apple Ballot candidates behave once they are in office.  

Tobytown is a historically Black, low-income community off of River Road on the western edge of Montgomery County.  Tobytown has never had access to public transportation.  A proposal to finally add RideOn bus service to this community in the FY16 Montgomery County budget has just been cut.

The cost of the RideOn bus service to this isolated community?  Just $200,000.

The Board of Education spent $2.4 MILLION yesterday alone on NO BID purchases, including $250,000 for no bid Promethean boards.  

Let's add up the cost of all of the MCPS take home cars for administrators and see how that cost equates to the needs of this community.  Alternatively, lets look at the $100,000+ expense account of the Board of Education.  

MCPS wastes $200,000 without a thought, while this community remains cut off and isolated.

Are the Apple Ballot social justice warriors interested in closing the achievement gap?  Only if it involves a cocktail party with campaign donations, photo opportunities they can post on Facebook, or trendy topics that will get media attention. 

Next election day, remember that this is the real face of the Apple Ballot endorsed candidates. 

Tobytown:  A Community Ignored

Without equal access to public transportation, Tobytown residents will never receive adequate access to gainful employment, healthcare, and education.  The 140-year poverty cycle continues...unless you help us stop it!

https://www.scribd.com/doc/289254879/MCEA-Recommended-Candidates-September-2014

Update: Student Debtors Removed from Internet

Yesterday, this blog reported on the listing of the names of students who owed money to MCPS on the Internet.

As of this afternoon that posting has been removed from the Internet.

Now let's see the practice of making MCPS student debtors names public end permanently.

Student Debtors Posted in Public Place - Again

Once again we see a MCPS school posting the names of students who owe fees in a public place. This time on the Internet.

Articles have been written documenting that names of student debtors are posted and the Whitman High School school news program even did a segment that included video of the lists on the wall at Whitman High School. Walter Johnson High School has posted student identification numbers on their website to identify student debtors.

And then there was this incident reported on by The Examiner.

In December 2008, Delegate Brian Feldman questioned Board of Education member Shirley Brandman about the practice of listing the names or id numbers of student debtors in a public place. Board member Brandman feigned no knowledge of this practice, even though the practice of posting lists of student debtors was occurring at the school her children attended. The video of her response is here at minute 2:12.                                       

And so it continues. Again we see a public listing of students who owe MCPS fees. See screen image at left.

The MCPS Board of Education and MCPS Superintendent have failed to establish a firm policy against the practice of posting student debtor names, and have failed to respect the Family Educational Rights and Privacy Act.

***

The Parents' Coalition has blocked out the names of the students on this list and we aren't providing a link to this blog. We expect that the listing of these student's names will be removed from the Internet within the next 24 hours, hopefully sooner. 


Thanks to the county parent that forwarded us this information. Maybe someday the MCPS Superintendent and Board of Education will resolve to protect the privacy rights of students.


UPDATE 3/26/10: Student Debtors Removed from Internet

Gambling with Tax Dollars v. A Certain Investment

Dear Delegate Brian Feldman and members of the Montgomery County Delegation;

Last year I came before you and spoke about the need for transparency in the expenditures made by Montgomery County Public Schools. Specifically, multi-million dollar procurements were not being brought before the Board of Education for discussion or votes. While a bill requiring MCPS to make an online database of procurements public was passed, the implementation of that database was delayed for two years. 

Last week, you placed bill 18-10 on the Delegation's agenda.

The public hearing on the bill is tomorrow. The bill says it is for;

"a certain investment in a certain company".

Without a doubt that is more transparency than we have seen from MCPS, however, it certainly leaves a lot to the imagination of the public.

What investment? What company? How exactly can the public comment?

Not knowing what is contemplated by this vague legislation, I offer my own suggestion of "a certain investment in a certain company".

Taxpayers have already seen the results of Superintendent Weast's "certain investment in a certain company".  As best as the public can ascertain, Superintendent Weast made a $500,000 to $1,000,000 investment in a company called Wireless Generation around 2004. How does the public know that? The investment wasn't brought before the Board of Education for discussion or a vote. The investment was revealed in an article put out by the Harvard Business School.

Did the investment yield a profit for taxpayers? Apparently, not. While no accounting was made for this investment in Board of Education meetings, Maryland Public Information Act requests by members of the Parents' Coalition of Montgomery County yielded some information in 2009. The results of our MPIA requests can be read here and here.  

And now the Montgomery County Delegation is looking to pass legislation to make "a certain investment in a certain company".
 

What is certain is that Montgomery County public school students are still being denied a free public education, our schools are left to decay, and our students are being charged to attend their own graduations.

 

If the Montgomery Delegation is looking for legislation to make a "certain investment," might I suggest legislation that reinforces the right of every child in Montgomery County to a free public education; legislation that reinforces the right of every child to attend their own high school graduation free of charge; or, legislation that requires the Board of Education to maintain school buildings at a minimum level (running water, flush toilets, working sinks, rats-free, safe drinking water, no wasting of valuable school space). 

 

At present, students are still being charged to attend public school classes, being charged to attend their own graduations, and there is no inspection of school restrooms for health violations or even any requirement that restrooms in a school be open.

 

Those are three good areas, ripe for legislation that would "invest" in the health, well-being, and rights of our students in our Montgomery County public schools.

 

A certain investment - free public education and functioning, safe, healthy school buildings; in a certain company - our students.

Dist. 15 Legislators to Board: "constituents' legitimate concerns"

The following letter was sent on November 3, 2009 from the District 15 legislators in the Maryland General Assembly to the Montgomery County Board of Education.

The Maryland General Assembly
Annapolis, Md


To: The Honorable Shirley Brandman, President
Montgomery County Board of Education
Carver Educational Services Center, Room 123
850 Hungerford Drive
Rockville, Maryland 20850
November 3, 2009


Dear Madame President,


We are writing to bring to the Board's attention the strong opposition of a large number of our constituents to the proposed closure of Monocacy Elementary School.


During our years in office, we have visited with students, parents, and teachers at Monocacy Elementary and have come to appreciate the strong support of parents and others of the school over the years. As you know, Monocacy Elementary is in good physical condition and has a strong academic record. It has received capital improvements totaling $500,000.00 for a new roof just this past summer, which lead some parents to question the wisdom of closing the school now.


In addition, many have raised concerns that summer enroollment estimates indicated a leveling off of enrollment for the next couple of years followed by steady enrollment growth at Monocacy Elementary; many are now puzzled with the revised enrollment estimates that suggest a significant drop off in student population at the school. When juxtaposed with the fact that there is new planned develpment in Poolesville, parents are justifited in raising concerns about future over-crowding at Pooleville Elementary, particularly if the schools are merged under the proposal now before the School Board. As you can understand, parents have also expressed their fear that the personalized attention and tightly knit, family-oriented atmosphere that has proved so beneficial for its students will be lost in a larger school.


As State Legislators, we are keenly aware that due to the global recession, the Maryland State Government has had to pare back hundreds of millions of dollars in spending, and that many of the spending reductions recently authorized by the Governor, Comptroller, and Treasurer include reductions to local governments. We are aware that our County Council has asked the School Board to find savings, because some spending reductions (or reductions in growth in spending) to K - 12 may occur in the near future.


We understand the challenges before you, but respectfully request that you take into consideration our constituents' legitimate concerns and seek to identify other budget savings as opposed to closing this community school. Thank you in advance for your consideration as you deliberate on this matter.


Sincerely,
Rob Garagiola
Kathleen M. Dumais
Brian J.Feldman
Craig L. Rice