Friday, January 20, 2023
Lawmakers press college savings plan leaders for answers as Speaker Jones watches emotional hearing
Maryland House Speaker Adrienne Jones (D-Baltimore County) kept watch Thursday as delegates from two standing committees grilled the leaders of the state’s college savings program, which has struggled to make payments to some families since fall because of an interest rate calculation error.
For months, parents have complained that they have been unable to tap interest they have earned in Maryland’s Prepaid College Trust. Plan leaders say they froze the interest portion of many families’ accounts because of an accounting glitch that surfaced when they switched from one outside vendor to another.
Although they can access their principal, many parents have complained of being unable to make tuition payments as bills arrive. Frustrated families have banded together through an online forum and have threatened to sue the plan...
...The agency says at least 419 of 480 accounts that were flagged for concern have been reviewed. However, the agency says that only some account holders were directly notified about the interest rate calculation error by email, and the accounts slated for review were self-referred.
Lawmakers expressed concern that, as long-term government-backed savings plans, some account holders may not check in regularly and could remain unaware of the issue.
Savia said Thursday that the number of semester credits families have accumulated in the trust plan are unaffected. But that leaves families trying cash out those credits for out-of-state or private schools in the lurch. And the purported value of those credits listed on an annual report in 2021 has now changed.
Some families scrambled and made other financial arrangements to cover their contributions for fall tuition. Now, they’re facing the same scramble for another semester.
Thursday’s hearing was also unusual in that it was punctuated by applause as families suffering financial harm from the glitch testified...
...Brian Savoie, a Montgomery County resident who tried to access a prepaid trust plan for his son’s tuition at Purdue, said the interest miscalculation led to a $28,000 decrease in the value listed for his account.
During Thursday’s hearing, lawmakers expressed particular concern that families who invested in the plans should be “made whole” and wanted to understand how much money that might mean.
Board Chair Peter Tsirigotis and Savia said the board has been working to correct the calculation errors both to ensure that families receive what’s fully due to them and that no one receives more than they should. A universal total is not known.
At one point, Barnes pressed an issue raised by Del. Kirill Reznik (D-Montgomery) – that the board needs to establish clear rules for how and when families will be reimbursed for additional costs they’ve incurred.
“Can you give these families a timeline as to when you are going to do that? Or are you just telling me there’s no timeline at all?” Barnes asked. “…We would like it if you can get us a timeline. Sooner rather than later.”
When Tsirigotis responded that it was an issue the board would likely discuss at its next meeting, scheduled for the end of February, Barnes appeared indignant.
“Are you unable to meet before next month?” Barnes said. “…Maybe we should get back to the board that maybe you should have a board meeting in the interim.”
Tsirigotis agreed.
Barnes told the Maryland 529 leaders he wanted answers to the series of questions posed by the committee by next week...
FCPS argues challenged book committee is not subject to Open Meetings Act [Bases position on @mcps COVID committee opinion]
In a response to the News-Post's complaint dated Jan. 12, lawyers for the district wrote that the review committee does not meet the OMA's definition of a "public body" and is not required to allow the public to observe its work.
The response differentiates between the Frederick County Board of Education and FCPS, and emphasizes that the review committee is under the direction of FCPS employees rather than board members.
FCPS' attorneys cited a recent ruling from the compliance board in which the complainant [Janis Zink Sartucci] argued that a COVID-19 advisory task force formed by Montgomery County Public Schools had violated the OMA.
MCPS created the task force in the fall of 2021, appointing parents, employees, union officials, medical professionals and members of local parent advocacy groups. It was unrelated to the Montgomery County Board of Education, and no board members served on it.
The compliance board ruled that no violation of the OMA had occurred because the group was not a public body.
FCPS' response said the MCPS case "applies directly to the circumstance here."..
Child sexual abuse survivors’ fight for expanded civil litigation could hinge on legal technicality
The movement to eliminate deadlines that prevent victims of child sexual abuse from suing could receive a major boost thanks to the support of Sen. William C. Smith Jr.
Smith, who chairs the Judicial Proceedings Committee, said he will cross-file legislation in the Senate to match a bill already filed by Del. C.T. Wilson (D-Charles), who long has pushed for legislation to eliminate the statute of limitations that stops some adults from suing institutions for sexual abuse they suffered when they were children.
“Sometimes people don’t understand or don’t fully realize the pain and the suffering they’ve gone through in terms of their abuse until they’re much more advanced in age,” Smith (D-Montgomery) said during an interview Thursday morning. “What we’re doing is giving them a shot [to] make their case in court.”
But he said the issue could land in court because the legislation, which has been introduced three times over the last four years, also would create “lookback window” to allow plaintiffs, who had been barred by the statute of limitations, two years to sue institutions that harbored predators once the legislation becomes law.
In 2017, Wilson negotiated with the Roman Catholic Church to increase the age a person can file a civil suit from age 25 to 38, and that change became law.
Wilson’s current proposal seeks to allow a person to file a suit “at any time” and would raise the limit on financial damages from $400,000 to $850,000...
Key Maryland Senate leader to co-sponsor bill to end time limit for filing child sex abuse lawsuits
The decision announced Tuesday by Democratic Sen. Will Smith of Montgomery County, chair of the Judicial Proceedings Committee, improves the legislation’s chance of getting passed this year in the General Assembly.
Senate President Bill Ferguson said Tuesday that he’s hopeful that Smith’s sponsorship is “an indication that there’s likely something moving this year.”..
..In three previous sessions, the House has passed a bill sponsored by Economic Matters Committee Chair C.T. Wilson, himself a survivor of childhood sexual abuse. But the legislation has never made it to the Senate floor for a vote, faltering instead in the Judicial Proceedings Committee...
Thursday, January 19, 2023
Supreme Court Seems in Favor of Deaf Student’s Right to Sue School District Under the ADA
Justice Elena Kagan said during the arguments Wednesday that it appeared that the student, Miguel Luna Perez, “did everything right” by accepting a settlement from his school district on his educational claims under the federal Individuals with Disabilities Education Act and then filing a lawsuit seeking monetary damages under the Americans with Disabilities Act.
“What should Miguel have done differently from what he did do in this case?” Kagan asked the lawyer representing the 3,000-student Sturgis school district in Sturgis, Mich.
The justices heard 90 minutes of arguments in Perez v. Sturgis Public Schools (Case No. 21-887) involving Luna Perez, who is now 27 and was in the courtroom along with several sign-language interpreters to help him comprehend. His underlying lawsuit contends that the Sturgis district failed to provide him with trained sign-language interpreters for years and that he has suffered emotional distress and economic harms from his diminished abilities to communicate...
the tide: MCPS introduces virtual learning option on closure days
According to the MCPS website, “The approved plan [for Code Purple] has been sent to [Maryland State Department of Education] and…can be used after receiving final approval.” MCPS said it would consider how families and individuals may be affected by the changes. Therefore, the new changes are only confirmed when the school board feels that it is completely necessary and that any harmful impact can be minimized...
MCPS introduces virtual learning option on closure days – The Tide (thermtide.com)
Wednesday, January 18, 2023
Is @mcps Health Officer Waking Up? [Hint: COVID-19 Hospitalizations are a Lagging Indicator]
IMPORTANT MESSAGE FROM THE MCPS SCHOOL SYSTEM MEDICAL OFFICER
JANUARY 17, 2023
Dear MCPS Community,
On Thursday, Jan. 12, county leaders shared their concerns about rising rates of COVID-19 in our community. Since hospital admissions for COVID-19 have increased, our county’s community risk level is now at MEDIUM. This stresses the importance of heightened awareness and preventing severe disease in our most vulnerable community members. On our school dashboard, we saw a higher number of positive cases the first week after school reopening, with fewer cases reported the following week.
Everyone should practice healthy habits, which prevent the spread of COVID-19 and other respiratory viruses. Here are some other steps individuals can take to reduce the impact of COVID-19 in our community:
Consider COVID-19 risk when making health decisions.
Understand COVID-19 risk so you can take extra precautions in high-risk situations, if you have risk factors for severe COVID-19 infection, or are around someone at increased risk. Adults older than 50 years, pregnant people and individuals with certain medical conditions, including diabetes and asthma, are at highest risk from severe disease due to COVID.Wear a mask to prevent spread of infection, especially in high-risk situations.
Our county health department strongly recommends wearing a well-fitting face covering in crowded indoor spaces. Consider wearing a mask in other situations if you have risk factors, or will be around a family member with risk factors for severe respiratory infection. If you have COVID-19 or have been exposed as a close contact, please mask according to CDC’s isolation and exposure guidelines. Staff and students may be asked to mask temporarily in local outbreak or other high-risk situations.Stay up to date on vaccinations, especially if you have risk factors for severe COVID-19 infection.
COVID-19 vaccines are an important way to help prevent severe infection and are approved for those 6 months old and older. Because the effect of vaccines can wane over time, an updated booster provides additional valuable protection against serious illness for individuals at higher risk.Get tested for COVID-19 if you have symptoms or a possible exposure.
It may be difficult to tell if symptoms are from COVID-19 or another flu-like illness. Testing is an important way to identify individuals with active COVID-19 infection, who can then seek care if needed and also avoid spreading the virus to others. Consider testing before spending time with a high-risk family member.If you test positive for COVID-19:
- Seek advice from your health care provider promptly if your symptoms are severe or if you are at high risk for a severe respiratory infection. Treatments are available that can help prevent severe disease, and are most helpful when given early.
- Follow the CDC’s recommended isolation guidelines to reduce spread to others.
- Staff and students testing positive should report their results using MCPS’ online tool. Reporting results helps MCPS track outbreaks and take measures to reduce further transmission, when an outbreak occurs in our school spaces.
MCPS continues to work closely with the Department of Health and Human Services to monitor data trends and plan health and safety measures. Internally and with community guidance, we are working on reducing the impact of COVID-19 on our school operations. We thank everyone for their continued support in working together to keep our community healthy.
Sincerely,
Patricia Kapunan, M.D., M.P.H.
MCPS Medical Officer
Tuesday, January 17, 2023
Update: Gaithersburg High is once again getting attention for the wrong reasons, 4 months after a massive brawl on a football field. Students have circulated concerning photos...
+Gaithersburg High is once again getting attention for the wrong reasons, 4 months after a massive brawl on a football field.
— John Gonzalez (@John7News) January 17, 2023
As students return to class Tuesday at Richard Montgomery High, families are learning more about a disturbing incident that occurred Friday. @7NewsDC pic.twitter.com/oCPGT45I5H
Extra police and security presence at Richard Montgomery High School this morning after reports of an altercation possibly involving a handgun on Friday. @7NewsDC @MCPS #GaithersburgHighSchool
Extra police and security presence at Richard Montgomery High School this morning after reports of an altercation possibly involving a handgun on Friday. @7NewsDC @MCPS pic.twitter.com/vke60fGjhj
— John Gonzalez (@John7News) January 17, 2023
Wednesday, January 11, 2023
BREAKING: Board of Education to Award $3.3M Contract to Non-Existent Company on Non-Existent Contract. Why not? No one cares. No oversight. No accountability. #electricschoolbuses
These are the names and faces of the Montgomery County Board of Education as of today.
Not one of them knows how to read a contract or check a document. Read their resumes here. Multiple lawyers on the Board of Education, on their staff, and a whole team of lawyers on the MCPS payroll and not one of them can read a contract.
All that education and it is completely useless.
~~~
On January 12, 2023, the Montgomery County Board of Education will award a contract for $ 3,330,250 for an unknown number of electric school buses to a company that does not exist.
The memorandum from MCPS Superintendent Monifa McKnight says she is requesting a contract EXTENSION with a company called Highland Electric Transportation, Inc.
There is currently no such company by that name.
If this were an EXTENSION of a previous contract for electric school buses then the name of the company granted the extension would be HET MCPS, LLC. That's the company the Board of Education voted to award the original electric school bus contract. That's the name on the existing contract.
Want to see the existing contract? We have a copy. Here is what the first page looks like:
That contract hasn't expired yet.
Why does MCPS Superintendent Monifa McKnight want a new contract, with a company that doesn't exist, for an unknown number of electric school buses in the middle of the existing contract?
BLAIR HIGH SCHOOL, Jan. 10—Before school today, teachers with the @mceanea teachers union rallied outside Blair’s main entrance to raise awareness for educator working conditions ahead of contract negotiations with MCPS tomorrow evening.
BLAIR HIGH SCHOOL, Jan. 10—Before school today, teachers with the @mceanea teachers union rallied outside Blair’s main entrance to raise awareness for educator working conditions ahead of contract negotiations with MCPS tomorrow evening. pic.twitter.com/DWYjcGEKBA
— Silver Chips (@Silver_Chips) January 10, 2023
Maryland hospitals and emergency rooms are stretched dangerously thin. The Maryland Hospital Association says most hospitals are more than 90% full and many are already at 100% capacity. @7NewsDC @mhaonline
Maryland hospitals and emergency rooms are stretched dangerously thin. The Maryland Hospital Association says most hospitals are more than 90% full and many are already at 100% capacity. @7NewsDC @mhaonline pic.twitter.com/qsXtwEU4j6
— John Gonzalez (@John7News) January 10, 2023
MCPS considers pellet guns to be "toys"
Bethesda Beat
https://bethesdamagazine.com/2023/01/10/police-retrieve-pellet-gun-at-gaithersburg-ms-mcps-says/
Police retrieve pellet gun at Gaithersburg MS, MCPS says
BB and pellet guns--toys or deadly weapons?
- PMID: 6876209
- DOI: 10.1097/00005373-198307000-00004
Abstract
BB and pellet weapons are not included in gun control laws and are often sold as children's toys. Injuries caused by these weapons have been considered trivial unless they involve vulnerable surface organs such as the eye. The purpose of this study was to review the management of six cases of pellet or BB gun injuries that required abdominal exploration at the University of South Alabama Medical Center from January 1980 through June 1982. Five of the six patients had significant internal injuries including perforations of the stomach, jejunum, liver, and pancreas. The ballistics of pneumatic weapons are reviewed. The muzzle velocities of many of these weapons necessitate that wounds caused by these weapons be handled with the same principles as for any small-caliber, low-velocity (less than 1,200 feet/second) weapons. Public education programs are urgently needed to educate parents as to the potential danger involved in purchasing these weapons for unsupervised use as toys by children.
Tuesday, January 10, 2023
MCPS Ombudsman quietly disappears
According to reports from parents, the MCPS Ombudsman has become nonresponsive to phone calls, phone messages and emails.
The Ombudsman's name is not listed on the MCPS web site, although a link on the MCPS Ombudsman points to Ryvell_D_Fitzpatrick@mcpsmd.org as an email address for the Ombudsman. A LinkedIn profile matching that name can be found at https://www.linkedin.com/in/ryvell-dontae-fitzpatrick-j-d-imagineer-397255146/
No one at the Ombudsman's phone number is answering questions about the whereabouts of the Ombudsman.
Friday, January 6, 2023
Happening Now: Supreme Court of Maryland to hold open meeting on proposed Maryland Rules changes dealing with electronic recordings of criminal cases
Washington Post reporting on this hearing at this link.
*******
Media Advisory
Supreme Court of Maryland to hold open meeting on proposed Maryland Rules changes dealing with electronic recordings of criminal cases
ANNAPOLIS, Md. – On Friday, January 6, 2023, the Supreme Court of Maryland will hold an open meeting via videoconferencing on proposed Rules changes submitted by the Standing Committee on Rules of Practice and Procedure (Rules Committee) beginning at 2:30 p.m. The meeting and proposed changes are in light of the Memorandum Opinion and Judgment of the United States District Court for the District of Maryland, entered on December 9, 2022, declaring Code, Criminal Procedure Article, § 1-201 unconstitutional as applied to lawfully obtained audio or video recordings of criminal proceedings. See Soderberg v. Carrion, Civ. No. RDB 19-1559 (D. Md.).
The Rules Committee submitted its Two Hundred and Thirteenth Report, recommending the adoption, on an interim and emergency basis, of new Rule 16-504.1 and amendments to Rules 2-804, 16-502, 16-503, 16-504, 16-901, and 16-914. Interested persons are asked to consider the committee’s report and proposed Rules changes and to forward on or before January 4, 2023, any written comments they may wish to make to rules@mdcourts.gov or to Sandra F. Haines, Esq., Reporter, Rules Committee, 580 Taylor Avenue Annapolis, Maryland 21401.
WHO: Supreme Court of Maryland
WHAT: Open meeting on the Two Hundred and Thirteenth Report of the Rules Committee
WHEN: Friday, January 6, 2023, 2:30 p.m.
WHERE: Supreme Court of Maryland
Open meeting via videoconferencing
Webcast
NOTE: Please contact the Maryland Judiciary’s Government Relations and Public Affairs office, communications@mdcourts.gov or 410-260-1488, for questions. For information about the webcast and to request permission to address the Court, contact Gregory Hilton, Clerk, Supreme Court of Maryland, 410-260-1500 or 800-926-2583.
CONTACT:
Bradley Tanner
Public Information Officer
bradley.tanner@mdcourts.gov
410-260-1488
Terri Charles
Asst. Public Information Officer
terri.charles@mdcourts.gov
410-260-1488
Thursday, January 5, 2023
Virginia Attorney General Investigating One Incident at One School. [This would NEVER happen in Maryland.]
Virginia Attorney General Jason Miyares announces an investigation into TJ High School due to a delay in telling students that they had been recognized by the National Merit Scholarship Corporation. @WTOP pic.twitter.com/bfJ7AYT3sn
— Nick Iannelli (@NickWTOP) January 4, 2023
Wednesday, January 4, 2023
Maryland Catholic Conference will support bill to eliminate statute of limitations, but only for future cases of abuse
While throwing its support behind the legislation, at least as it applies to future cases, the Maryland Catholic Conference at the same time indicated it would continue to oppose a provision that survivors and their advocates have long fought for — a “look back window” that would give survivors a two-year period in which to file lawsuits alleging abuse in the past, regardless of when the abuse occurred...
...The conference’s statement also comes after The Baltimore Sun reported that the church has spent more than $200,000 in recent years to prevent lawmakers from expanding the state’s statute of limitations arising from sexual abuse claims.
The legislation in question is a bill written by a group of survivors and their attorneys. Originally titled the “Hidden Predator Act,” it would establish the two-year window for past cases. Other states, including Arizona, California, New Jersey, New York, North Carolina and Washington, D.C., have established such look-back windows for civil suits...
AXIOS: Electric school buses are practically free now [Bus not for @mcps @mocoboe! They prefer to skip grants!]
...The catch: An electric school bus costs $350,000 to $450,000 — three to four times a traditional diesel bus — and most districts can't afford the upfront expense, despite the long-term savings.
What's happening: A bunch of new government incentives make replacing aging diesel fleets an easy call.
- The five-year, $5 billion Clean School Bus Program, approved in November 2021 as part of the infrastructure law and run by the Environmental Protection Agency, pays school districts up to $375,000 to replace a diesel bus with an electric one.
- The government offers another $20,000 for charging infrastructure, for a total of $395,000 per bus purchased....