Education - Public Schools - Service Contracts

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*

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 ______

AN ACT concerning 1

Education – Public Schools – Service Contracts and Professional Development 2

FOR the purpose of requiring establishing the policy of the State to use public school 3
employees to perform functions for public schools in preference to contracting with 4
the private sector; requiring, under certain conditions, a county board of education 5
that seeks to enter into a service contract to submit to the State Department of 6
Education certain information to justify the need for the service contract, and to 7
submit a certain plan of assistance for employees adversely aff ected by the service 8
contract; requiring, on or before a certain date, the Department to design and develop 9
a new system of professional development for paraeducators and other education 10
support professionals; requiring, on or before a certain date, each c ounty board to 11
provide the new system of professional development to each paraeducator and 12
education support professional employed in a public school in the county; and 13
generally relating to public school service contracts and professional development. 14

BY adding to 15
Article – Education 16
Section 6–132 and 6 –133 6–1201 through 6 –1204 to be under the new subtitle 17
“Subtitle 12. Public School Service Contracts” 18
Annotated Code of Maryland 19
(2025 Replacement Volume and 2025 Supplement) 20

SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

2 HOUSE BILL 1254

Article – Education 1

6–132. 2

SUBTITLE 12. PUBLIC SCHOOL SERVICE CONTRACTS. 3

6–1201. 4

(A) IN THIS SECTION SUBTITLE, “SERVICE CONTRACT ” MEANS A 5
PROCUREMENT CONTRACT FOR SERVICES THAT WILL B E PROVIDED TO A PUBL IC 6
SCHOOL. 7

6–1202. 8

THE POLICY OF THE STATE IS TO USE PUBLI C SCHOOL EMPLOYEES T O 9
PERFORM FUNCTIONS FO R PUBLIC SCHOOLS IN PREFERENCE TO CONTRA CTING 10
WITH THE PRIVATE SECTOR TO PERFORM THOSE FUNCTIONS. 11

6–1203. 12

A COUNTY BOARD THAT SEEK S A SERVICE CONTRACT IS EXEMPT FROM THE 13
PREFERENCE STATED IN § 6–1202 OF THIS SUBTITLE IF: 14

(1) A CONFLICT OF INTEREST WOULD RESULT IF A PU BLIC SCHOOL 15
EMPLOYEE WERE TO PERFORM THE SERVICES SPECIFIED IN THE CONTRACT; 16

(2) THE NATURE OF THE SERVICES MEETS STANDARDS ESTABLISHED 17
BY EACH COUNTY BOARD FOR EMERGENCY CONTRACT PROCUREMENT; 18

(3) THE SERVICES CONTRACT ED FOR ARE INCIDENTA L TO THE 19
PURCHASE OR LEASE OF PERSONAL OR REAL PROPERTY; OR 20

(4) A CLEAR NEED EXISTS TO OBTAIN AN UNBIASE D FINDING OR 21
OPINION. 22

6–1204. 23

(B) (A) A COUNTY BOARD THAT SE EKS TO ENTER INTO A SERVICE 24
CONTRACT THAT IS NOT EXEMPT UNDER § 6–1203 OF THIS SUBTITLE SHALL SUBMIT 25
TO THE DEPARTMENT THE INFORMATION REQUIRED UNDER THIS SECTION. 26

(C) (B) THE COUNTY BOARD SHALL SUBMIT A DEMONSTRATION THAT THE 27
COUNTY BOARD HAS TAK EN FORMAL AND POSITI VE STEPS TO CONSIDER 28
HOUSE BILL 1254 3

ALTERNATIVES TO THE SERVICE CONTRACT , INCLUDING REORGANIZA TION AND 1
REEVALUATION OF SERVICES AND PERFORMANCE. 2

(D) (C) (1) THE COUNTY BOARD SHALL SUBMIT CALCULATIONS THAT: 3

(I) COMPARE THE COST OF THE SERVICE CONTRACT WITH THE 4
COST OF USING SCHOOL EMPLOYEES; AND 5

(II) SHOW THE SAVINGS TO THE LOCAL SCHOOL SYSTEM, OVER 6
THE DURATION OF THE SERVICE CONTRACT, OF AT LEAST 20% OF THE CONTRACT, 7
EXCLUSIVE OF ANY SAVINGS ATTRIBUTABLE TO A REDUCTION IN EMPLOYEE PAY OR 8
FRINGE BENEFITS. 9

(2) IN CALCULATING THE COST COMPARISON REQUIRED UNDER THIS 10
SUBSECTION, THE COUNTY BOARD SHALL INCLUDE: 11

(I) DIRECT COSTS, INCLUDING FRINGE BENEFITS; 12

(II) INDIRECT OVERHEAD COS TS, INCLUDING THE 13
PROPORTIONAL SHARE O F EXISTING ADMINISTR ATIVE SALARIES AND B ENEFITS, 14
RENT, EQUIPMENT COSTS, UTILITIES, AND MATERIALS, BUT ONLY TO THE EXTE NT 15
THAT THOSE COSTS: 16

1. ARE ATTRIBUTABLE SOLE LY TO THE SERVICE IN 17
QUESTION; AND 18

2. WOULD NOT EXIST IF TH E SERVICES WERE NOT 19
PERFORMED BY SCHOOL EMPLOYEES; 20

(III) ANY CONTINUING OR TRA NSITIONAL COSTS THAT WOULD 21
BE DIRECTLY ASSOCIAT ED WITH CONTRACTING FOR THE SERVICES , INCLUDING 22
UNEMPLOYMENT COMPENSATION AND THE COST OF TRANSITIONAL SERVICES; AND 23

(IV) ADDITIONAL COSTS OF P ERFORMANCE OF SERVIC ES BY 24
COUNTY BOARD EMPLOYEES, INCLUDING SALARIES AND BENEFITS OF ADDITIONAL 25
STAFF AND THE COST OF ADDITIONAL SPACE, EQUIPMENT, AND MATERIALS NEEDED 26
TO PERFORM THE SERVICES. 27

(E) (D) (1) THE COUNTY BOARD SHAL L SUBMIT A FORMAL PL AN OF 28
ASSISTANCE FOR ALL SCHOOL EMPLOYEES WHO WILL BE ADVERSELY AFFECTED BY 29
THE SERVICE CONTRACT. 30

(2) THE PLAN OF ASSISTANCE SHALL INCLUDE: 31
4 HOUSE BILL 1254

(I) EFFORTS TO PLACE AFFE CTED EMPLOYEES IN VA CANT 1
POSITIONS IN THE LOCAL SCHOOL SYSTEM; 2

(II) PROVISIONS IN THE SERVICE CONTRACT, IF FEASIBLE, FOR 3
THE HIRING BY THE CONTRACTOR OF DISPLACED EMPLOYEES; AND 4

(III) ADVANCE NOTIFICATION TO THE AFFECTED EMPLOYEES. 5

(F) (E) (1) A SERVICE CONTRACT SHA LL BE SUBJECT TO A 6
DEPARTMENT AUDIT TO DETERMINE COMPLIANCE WITH PROJECTED COST SAVINGS 7
UNDER SUBSECTION (D) (C) OF THIS SECTION. 8

(2) AUDIT FINDINGS FROM A N AUDIT CONDUCTED IN ACCORDANCE 9
WITH PARAGRAPH (1) OF THIS SUBSECTION S HALL BE MADE AVAILAB LE TO THE 10
PUBLIC. 11

6–133. 12

(A) (1) THE GENERAL ASSEMBLY FINDS THAT P ARAEDUCATORS AND 13
OTHER EDUCATION SUPP ORT PROFESSIONALS BE NEFIT FROM IN –PERSON 14
TRAINING AS PART OF THE HIRING AND ONBOARDING PROCESS. 15

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT IN–PERSON 16
TRAINING FOR PA RAEDUCATORS AND OTHE R EDUCATION SUPPORT 17
PROFESSIONALS BE EXP ANDED IN PUBLIC SCHO OLS TO AT LEAST 2 DAYS OF 18
HIGH–QUALITY PROFESSIONAL DEVELOPMENT DURING EACH SCHOOL YEAR. 19

(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, ON 20
OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL DESIGN AND DEVELOP A NEW 21
SYSTEM OF PROFESSION AL DEVELOPMENT FOR P ARAEDUCATORS AND OTH ER 22
EDUCATION SUPPORT PR OFESSIONALS THAT IS PAID AND OCCURS DURI NG 23
WEEKDAY SCHOOL HOURS. 24

(2) THE NEW SYSTEM OF PRO FESSIONAL DEVELOPMEN T SHALL 25
INCLUDE: 26

(I) TRAINING TO FACILITAT E PARAEDUCATORS AND 27
TEACHERS WORKING AS A TEAM TO IMPROVE STUDENT OUTCOMES; 28

(II) TRAINING FOR EDUCATIO N SUPPORT PROFESSION ALS ON 29
HOW TO: 30

HOUSE BILL 1254 5

1. COLLABORATE WITH TEAC HERS AND 1
PARAEDUCATORS TO IMPROVE STUDENT PERFORMANCE AND BEHAVIOR; 2

2. IMPROVE STUDENT HEALTH AND SAFETY; AND 3

3. IMPROVE STUDENT LEARN ING ENVIRONMENTS , 4
INCLUDING SCHOOL BUILDINGS, SCHOOL BUSES, PLAYGROUNDS, ATHLETIC FIELDS, 5
SCHOOL CAFETERIAS, AND SCHOOL HEALTH FACILITIES; 6

(III) TRAINING FOR PARAEDUCATORS ON SAFE PHYSICAL 7
RESTRAINT; 8

(IV) TRAINING FOR EDUCATIO N SUPPORT PROFESSION ALS ON 9
CRISIS PREVENTION AND DE–ESCALATION; AND 10

(V) JOB SKILLS TRAINING A PPROPRIATE FOR SPECI FIC 11
EDUCATION SUPPORT PROFESSIONAL GROUPS. 12

(3) WHEN DESIGNIN G AND DEVELOPING THE SYSTEM OF 13
PROFESSIONAL DEVELOP MENT REQUIRED UNDER THIS SUBSECTION , THE 14
DEPARTMENT SHALL CONS ULT WITH COUNTY BOAR DS AND NONPROFIT 15
ORGANIZATIONS WITH E XPERIENCE IN SUPPORT ING EDUCATION SUPPOR T 16
PROFESSIONALS, INCLUDING THE MARYLAND STATE EDUCATION ASSOCIATION. 17

(C) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL ISSU E 18
GUIDANCE TO EACH COU NTY BOARD THAT DESCR IBES THE SYSTEM OF 19
PROFESSIONAL DEVELOPMENT DEVELOPED AND DESIGNED UNDER THIS SECTION. 20

(D) ON OR BEFORE JUNE 30, 2028, EACH COUNTY BOARD SHALL PROVIDE 21
THE SYSTEM OF PROFES SIONAL DEVELOPMENT D ESIGNED BY THE DEPARTMENT 22
UNDER THIS SECTION T O EACH PARAEDUCATOR AND EDUCATION SUPPOR T 23
PROFESSIONAL WHO IS EMPLOYED IN A PUBLIC SCHOOL IN THE COUNTY. 24

(E) THIS SECTION MAY NOT BE CONSTRUED TO DIMINISH THE OBLIGATION 25
OF A COUNTY BOARD TO COMPLY WITH A COLLECTIVE BARGAINING AGREEMENT OR 26
AN EMPLOYMENT BENEFIT PROGRAM THAT ESTABLISHES GREATER REQUIREMENTS 27
THAN IMPOSED UNDER THIS SECTION. 28

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2026. 30