HB 1254

HOUSE BILL 1254
     F1  6lr3491
  CF SB 904
     By: Delegate Feldmark
     Introduced and read first time: February 12, 2026
     Assigned to: Ways and Means
     Committee Report: Favorable with amendments
     House action: Adopted
     Read second time: March 27, 2026
  CHAPTER ______
1 AN ACT concerning
2  Education – Public Schools – Service Contracts and Professional Development
3 FOR the purpose of requiring establishing the policy of the State to use public school
4      employees to perform functions for public schools in preference to contracting with
5      the private sector; requiring, under certain conditions, a county board of education
6      that seeks to enter into a service contract to submit to the State Department of
7      Education certain information to justify the need for the service contract, and to
8      submit a certain plan of assistance for employees adversely affected by the service
9      contract; requiring, on or before a certain date, the Department to design and develop
10      a new system of professional development for paraeducators and other education
11      support professionals; requiring, on or before a certain date, each county board to
12      provide the new system of professional development to each paraeducator and
13      education support professional employed in a public school in the county; and
14      generally relating to public school service contracts and professional development.
15 BY adding to
16      Article – Education
17      Section 6–132 and 6–133 6–1201 through 6–1204 to be under the new subtitle
18“Subtitle 12. Public School Service Contracts”
19      Annotated Code of Maryland
20      (2025 Replacement Volume and 2025 Supplement)
21SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22 That the Laws of Maryland read as follows:
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
  *hb1254*
2HOUSE BILL 1254
1Article – Education
2 6–132.
3SUBTITLE 12. PUBLIC SCHOOL SERVICE CONTRACTS.
4 6–1201.
5      (A)   IN THIS SECTION SUBTITLE, “SERVICE CONTRACT” MEANS A
6 PROCUREMENT CONTRACT FOR SERVICES THAT WILL BE PROVIDED TO A PUBLIC
7 SCHOOL.
8 6–1202.
9      THE POLICY OF THE STATE IS TO USE PUBLIC SCHOOL EMPLOYEES TO
10 PERFORM FUNCTIONS FOR PUBLIC SCHOOLS IN PREFERENCE TO CONTRACTING
11 WITH THE PRIVATE SECTOR TO PERFORM THOSE FUNCTIONS.
12 6–1203.
13     A COUNTY BOARD THAT SEEKS A SERVICE CONTRACT IS EXEMPT FROM THE
14 PREFERENCE STATED IN § 6–1202 OF THIS SUBTITLE IF:
15(1)A CONFLICT OF INTEREST WOULD RESULT IF A PUBLIC SCHOOL
16 EMPLOYEE WERE TO PERFORM THE SERVICES SPECIFIED IN THE CONTRACT;
17(2) THE NATURE OF THE SERVICES MEETS STANDARDS ESTABLISHED
18 BY EACH COUNTY BOARD FOR EMERGENCY CONTRACT PROCUREMENT;
19(3)THE SERVICES CONTRACTED FOR ARE INCIDENTAL TO THE
20 PURCHASE OR LEASE OF PERSONAL OR REAL PROPERTY; OR
21(4)   A CLEAR NEED EXISTS TO OBTAIN AN UNBIASED FINDING OR
22 OPINION.
23 6–1204.
24      (B) (A)   A COUNTY BOARD THAT SEEKS TO ENTER INTO A SERVICE
25 CONTRACT THAT IS NOT EXEMPT UNDER § 6–1203 OF THIS SUBTITLE SHALL SUBMIT
26 TO THE DEPARTMENT THE INFORMATION REQUIRED UNDER THIS SECTION.
27      (C) (B)     THE COUNTY BOARD SHALL SUBMIT A DEMONSTRATION THAT THE
28 COUNTY BOARD HAS TAKEN FORMAL AND POSITIVE STEPS TO CONSIDER
  HOUSE BILL 1254  3
1 ALTERNATIVES TO THE SERVICE CONTRACT, INCLUDING REORGANIZATION AND
2 REEVALUATION OF SERVICES AND PERFORMANCE.
3      (D) (C)     (1)    THE COUNTY BOARD SHALL SUBMIT CALCULATIONS THAT:
4(I)COMPARE THE COST OF THE SERVICE CONTRACT WITH THE
5 COST OF USING SCHOOL EMPLOYEES; AND
6(II)
  SHOW THE SAVINGS TO THE LOCAL SCHOOL SYSTEM, OVER
7 THE DURATION OF THE SERVICE CONTRACT, OF AT LEAST 20% OF THE CONTRACT,
8 EXCLUSIVE OF ANY SAVINGS ATTRIBUTABLE TO A REDUCTION IN EMPLOYEE PAY OR
9 FRINGE BENEFITS.
10(2) IN CALCULATING THE COST COMPARISON REQUIRED UNDER THIS
11 SUBSECTION, THE COUNTY BOARD SHALL INCLUDE:
12(I)    DIRECT COSTS, INCLUDING FRINGE BENEFITS;
13(II)   INDIRECT OVERHEAD    COSTS,    INCLUDING    THE
14 PROPORTIONAL SHARE OF EXISTING ADMINISTRATIVE SALARIES AND BENEFITS,
15 RENT, EQUIPMENT COSTS, UTILITIES, AND MATERIALS, BUT ONLY TO THE EXTENT
16 THAT THOSE COSTS:
171.   ARE ATTRIBUTABLE SOLELY TO THE SERVICE IN
18 QUESTION; AND
192.
  WOULD NOT EXIST IF THE SERVICES WERE NOT
20 PERFORMED BY SCHOOL EMPLOYEES;
21(III) ANY CONTINUING OR TRANSITIONAL COSTS THAT WOULD
22 BE DIRECTLY ASSOCIATED WITH CONTRACTING FOR THE SERVICES, INCLUDING
23 UNEMPLOYMENT COMPENSATION AND THE COST OF TRANSITIONAL SERVICES; AND
24(IV)ADDITIONAL COSTS OF PERFORMANCE OF SERVICES BY
25 COUNTY BOARD EMPLOYEES, INCLUDING SALARIES AND BENEFITS OF ADDITIONAL
26 STAFF AND THE COST OF ADDITIONAL SPACE, EQUIPMENT, AND MATERIALS NEEDED
27 TO PERFORM THE SERVICES.
28      (E) (D)   (1) THE COUNTY BOARD SHALL SUBMIT A FORMAL PLAN OF
29 ASSISTANCE FOR ALL SCHOOL EMPLOYEES WHO WILL BE ADVERSELY AFFECTED BY
30 THE SERVICE CONTRACT.
31(2)   THE PLAN OF ASSISTANCE SHALL INCLUDE:
4HOUSE BILL 1254
1(I) EFFORTS TO PLACE AFFECTED EMPLOYEES IN VACANT
2 POSITIONS IN THE LOCAL SCHOOL SYSTEM;
3(II)PROVISIONS IN THE SERVICE CONTRACT, IF FEASIBLE, FOR
4 THE HIRING BY THE CONTRACTOR OF DISPLACED EMPLOYEES; AND
5(III) ADVANCE NOTIFICATION TO THE AFFECTED EMPLOYEES.
6      (F) (E)     (1)    ASERVICE CONTRACT SHALL BE SUBJECT TO A
7 DEPARTMENT AUDIT TO DETERMINE COMPLIANCE WITH PROJECTED COST SAVINGS
8 UNDER SUBSECTION (D) (C) OF THIS SECTION.
9(2)AUDIT FINDINGS FROM AN AUDIT CONDUCTED IN ACCORDANCE
10 WITH PARAGRAPH (1) OF THIS SUBSECTION SHALL BE MADE AVAILABLE TO THE
11 PUBLIC.
12 6–133.
13      (A)   (1) THE GENERAL ASSEMBLY FINDS THAT PARAEDUCATORS AND
14 OTHER EDUCATION SUPPORT PROFESSIONALS BENEFIT FROM IN–PERSON
15 TRAINING AS PART OF THE HIRING AND ONBOARDING PROCESS.
16(2)   IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT IN–PERSON
17 TRAINING  FOR   PARAEDUCATORS    AND   OTHER   EDUCATION    SUPPORT
18 PROFESSIONALS BE EXPANDED IN PUBLIC SCHOOLS TO AT LEAST 2 DAYS OF
19 HIGH–QUALITY PROFESSIONAL DEVELOPMENT DURING EACH SCHOOL YEAR.
20      (B)  (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, ON
21 OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL DESIGN AND DEVELOP A NEW
22 SYSTEM OF PROFESSIONAL DEVELOPMENT FOR PARAEDUCATORS AND OTHER
23 EDUCATION SUPPORT PROFESSIONALS THAT IS PAID AND OCCURS DURING
24 WEEKDAY SCHOOL HOURS.
25(2)   THE NEW SYSTEM OF PROFESSIONAL DEVELOPMENT SHALL
26 INCLUDE:
27(I)    TRAININGTO  FACILITATE  PARAEDUCATORS        AND
28 TEACHERS WORKING AS A TEAM TO IMPROVE STUDENT OUTCOMES;
29(II)   TRAINING FOR EDUCATION SUPPORT PROFESSIONALS ON
30 HOW TO:
  HOUSE BILL 1254  5
11.   COLLABORATEWITH     TEACHERS  AND
2 PARAEDUCATORS TO IMPROVE STUDENT PERFORMANCE AND BEHAVIOR;
32.   IMPROVE STUDENT HEALTH AND SAFETY; AND
43.
  IMPROVE STUDENT LEARNING ENVIRONMENTS,
5 INCLUDING SCHOOL BUILDINGS, SCHOOL BUSES, PLAYGROUNDS, ATHLETIC FIELDS,
6 SCHOOL CAFETERIAS, AND SCHOOL HEALTH FACILITIES;
7(III) TRAINING FOR PARAEDUCATORS ON SAFE PHYSICAL
8 RESTRAINT;
9(IV)
  TRAINING FOR EDUCATION SUPPORT PROFESSIONALS ON
10 CRISIS PREVENTION AND DE–ESCALATION; AND
11(V)
  JOB SKILLS TRAINING APPROPRIATE FOR SPECIFIC
12 EDUCATION SUPPORT PROFESSIONAL GROUPS.
13(3)   WHEN  DESIGNING AND DEVELOPING THE SYSTEM OF
14 PROFESSIONAL DEVELOPMENT REQUIRED UNDER THIS SUBSECTION, THE
15 DEPARTMENT SHALL CONSULT WITH COUNTY BOARDS AND NONPROFIT
16 ORGANIZATIONS WITH EXPERIENCE IN SUPPORTING EDUCATION SUPPORT
17 PROFESSIONALS, INCLUDING THE MARYLAND STATE EDUCATION ASSOCIATION.
18      (C)   ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL ISSUE
19 GUIDANCE TO EACH COUNTY BOARD THAT DESCRIBES THE SYSTEM OF
20 PROFESSIONAL DEVELOPMENT DEVELOPED AND DESIGNED UNDER THIS SECTION.
21      (D)  ON OR BEFORE JUNE 30, 2028, EACH COUNTY BOARD SHALL PROVIDE
22 THE SYSTEM OF PROFESSIONAL DEVELOPMENT DESIGNED BY THE DEPARTMENT
23 UNDER THIS SECTION TO EACH PARAEDUCATOR AND EDUCATION SUPPORT
24 PROFESSIONAL WHO IS EMPLOYED IN A PUBLIC SCHOOL IN THE COUNTY.
25      (E)   THIS SECTION MAY NOT BE CONSTRUED TO DIMINISH THE OBLIGATION
26 OF A COUNTY BOARD TO COMPLY WITH A COLLECTIVE BARGAINING AGREEMENT OR
27 AN EMPLOYMENT BENEFIT PROGRAM THAT ESTABLISHES GREATER REQUIREMENTS
28 THAN IMPOSED UNDER THIS SECTION.
29SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
30 1, 2026.