EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0903*
HOUSE BILL 903
F1, O3 4lr2759
CF SB 797
By: Delegates Atterbeary, Griffith, Attar, Bouchat, Buckel, Ebersole, Edelson,
Fair, Feldmark, Grossman, Guzzone, Hartman, Hill, Hornberger, Kaufman,
Korman, Miller, Palakovich Carr, Patterson, Terrasa, Watson, Wells,
Wilkins, Wilson, Wims, Young, and Ziegler
Introduced and read first time: February 2, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Access to Attorneys, Advocates, and Consultants for Special 2
Education Program and Fund – Established 3
FOR the purpose of requiring certain information to be provided to the parents of a child 4
with a disability under certain circumstances; requiring certain public agencies to 5
compile, collect, and report certain information; establishing the Access to Attorneys, 6
Advocates, and Consultants for Special Education Program; establishing the Access 7
to Attorneys, Advocates, and Consultants for Special Education Fund; requiring 8
interest earnings of the Fund to be credited to the Fund; and generally relating to 9
the Access to Attorneys, Advocates, and Consultants for Special Education Program 10
and Fund. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 8–405(b) and (e) and 8–413(b) and (c) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Education 18
Section 8–413(a)(1), (5), and (6) and (l) 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Education 23
Section 8–413(m) and 8–413.1 24
Annotated Code of Maryland 25 2 HOUSE BILL 903
(2022 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(i) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – State Finance and Procurement 8
Section 6–226(a)(2)(ii)189. and 190. 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – State Finance and Procurement 13
Section 6–226(a)(2)(ii)191. 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
8–405. 20
(b) (1) When a team of qualified professionals and the parents meet for the 21
purpose of discussing the identification, evaluation, educational program, or the provision 22
of a free appropriate public education of a child with a disability: 23
(i) The parents of the child shall be afforded the opportunity to 24
participate and shall be provided reasonable notice in advance of the meeting; and 25
(ii) Reasonable notice shall be at least 10 calendar days in advance 26
of the meeting, unless an expedited meeting is being conducted to: 27
1. Address disciplinary issues; 28
2. Determine the placement of the child with a disability not 29
currently receiving educational services; or 30
3. Meet other urgent needs of a child with a disability to 31
ensure the provision of a free appropriate public education. 32
(2) (i) 1. At the initial evaluation meeting, the parents of the child 33
shall be provided: 34 HOUSE BILL 903 3
A. In plain language, an oral and written explanation of the 1
parents’ rights and responsibilities in the individualized education program process and a 2
program procedural safeguards notice; 3
B. Written information that the parents may use to contact 4
early intervention and special education family support services staff members within the 5
local school system and a brief description of the services provided by the staff members; 6
[and] 7
C. Written information on the Special Education 8
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 9
State Government Article; AND 10
D. WRITTEN INFORMATION A BOUT THE ACCESS TO 11
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 12
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 13
2. If a parent’s native language is not English, the 14
information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 15
provided to the parent in the parent’s native language. 16
(ii) The parents may request the information provided under 17
subparagraph (i) of this paragraph at any subsequent meeting. 18
(iii) If a child who has an individualized education program 19
developed in another school system moves into a different local school system, that local 20
school system shall provide the information required under subparagraph (i)1B [and], C, 21
AND D of this paragraph at the time of the first written communication with the parents 22
regarding the child’s individualized education program or special education services. 23
(iv) A local school system shall publish information that a parent 24
may use to contact early intervention and special education family support services staff 25
members within the local school system and a brief description of the services provided by 26
the staff members in a prominent place on the section of its website relating to special 27
education services. 28
(3) Failure to provide the information required under paragraph (2)(i)1B 29
[and], C, AND D of this subsection does not constitute grounds for a due process complaint 30
under § 8–413 of this subtitle. 31
(4) (i) A parent may request an independent educational evaluation at 32
public expense in accordance with regulations adopted by the Department if: 33
1. The parent disagrees with the educational evaluation of 34
the student that was conducted by the local school system; or 35 4 HOUSE BILL 903
2. The parent submits to the local school system a written 1
request for an educational evaluation conducted by the local school system and the local 2
school system: 3
A. Does not respond to the request within 30 days as required 4
under subparagraph (ii) of this paragraph; or 5
B. Approves the request but the educational evaluation 6
meeting does not occur, through no fault of the parent, within: 7
I. 60 days after the date on which the request was received 8
by the local school system; or 9
II. If the State is under a state of emergency proclaimed by 10
the Governor, 90 days after the date on which the request was received by the local school 11
system. 12
(ii) The local school system shall provide a written response 13
approving or denying a request within 30 days of the date the request was made. 14
(iii) If the local school system approves a request, the written 15
response shall advise the parent of the process for arranging the evaluation at public 16
expense. 17
(iv) If the local school system denies a request, the local school system 18
shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 19
of the denial. 20
(5) (i) If, during an individualized education program team meeting, a 21
parent disagrees with the child’s individualized education program or the special education 22
services provided to the child, the individualized education program team shall provide the 23
parent with, in plain language: 24
1. An oral and a written explanation of the parent’s right to 25
request mediation in accordance with § 8–413 of this subtitle; 26
2. Contact information, including a telephone number that a 27
parent may use to receive more information about the mediation process; [and] 28
3. Information regarding pro bono representation and other 29
free or low–cost legal and related services available in the area; AND 30
4. WRITTEN INFORMATION A BOUT THE ACCESS TO 31
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 32
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 33 HOUSE BILL 903 5
(ii) A parent may request the information provided under 1
subparagraph (i) of this paragraph at any individualized education program team meeting. 2
(6) (i) If the native language spoken by a parent who requests 3
information under paragraph (5) of this subsection is spoken by more than 1% of the 4
student population in the local school system, the parent may request that the information 5
be translated into the parent’s native language. 6
(ii) If a parent makes a request under subparagraph (i) of this 7
paragraph, the individualized education program team shall provide the parent with the 8
translated document within 30 days after the date of the request. 9
(e) (1) (i) Except as provided in paragraph (2) of this subsection, and 10
subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 11
scheduled meeting of the individualized education program team or other multidisciplinary 12
education team for any purpose for a child with a disability, appropriate school personnel 13
shall provide the parents of the child with [an]: 14
1. AN accessible copy of each assessment, report, data chart, 15
draft individualized education program, or other document that either team plans to 16
discuss at the meeting; 17
2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 18
ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR 19
SPECIAL EXPERTISE RE GARDING THE STUDENT ; AND 20
3. WRITTEN INFORMATION A BOUT THE ACCESS TO 21
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 22
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 23
(ii) Subject to subparagraph (i) of this paragraph, an assessment, 24
report, data chart, or other document prepared by a school psychologist or other medical 25
professional that either team plans to discuss at the meeting may be provided to the parents 26
of the child orally and in writing prior to the meeting. 27
(iii) The parents of a child may notify appropriate school personnel 28
that they do not want to receive the documents required to be provided under subparagraph 29
(i) of this paragraph. 30
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 31
school personnel are not required to comply with paragraph (1) of this subsection in the 32
event of an extenuating circumstance. 33
6 HOUSE BILL 903
(ii) In the event of an extenuating circumstance, appropriate school 1
personnel who fail to comply with paragraph (1) of this subsection shall document the 2
extenuating circumstance and communicate that information to the parents of the child. 3
8–413. 4
(a) (1) In this section the following words have the meanings indicated. 5
(5) “Parent” means: 6
(i) A child’s natural or adoptive parents, a guardian, or a person 7
acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 8
(ii) A foster parent with whom a child lives if the foster parent has 9
been granted limited guardianship for educational decision making purposes by the court 10
that placed the child in foster care; 11
(iii) Another individual who is legally responsible for the child’s 12
welfare; or 13
(iv) A parent surrogate appointed in accordance with § 8–412 of this 14
subtitle. 15
(6) “Public agency” means the State Department of Education, a local 16
school system, the Juvenile Services Education Program, or any State agency responsible 17
for providing education to students with disabilities, including the Maryland School for the 18
Blind and the Maryland School for the Deaf. 19
(b) (1) The parent of a child with a disability or a public agency may formally 20
request mediation at any time to resolve any disagreement between the parties regarding 21
the child’s special education services or program. 22
(2) If a parent files a due process complaint against a public agency 23
concerning the identification, evaluation, or educational placement of a student or the 24
provision of a free appropriate public education, any party shall be given the opportunity 25
to request mediation of those aspects of the decision subject to dispute. 26
(3) The request for mediation may not be used to deny or delay the parent’s 27
rights under federal law or this section. 28
(4) Any party to the mediation has the right to be accompanied and advised 29
by counsel. 30
(5) Mediation shall be conducted in accordance with departmental 31
regulations. 32
HOUSE BILL 903 7
(6) A mediation agreement shall be in writing and is enforceable in a court 1
of competent jurisdiction in accordance with federal law. 2
(7) The Department shall make a staff member available to assist a parent 3
in understanding the mediation process. 4
(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 5
PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 6
SPECIAL EDUCATION PROGRAM ESTABLISHED U NDER § 8–413.1 OF THIS SUBTITLE. 7
(c) (1) Before conducting a due process hearing in accordance with subsection 8
(d) of this section, the public agency shall provide the parent with [an]: 9
(I) AN opportunity to resolve the due process complaint at a 10
resolution session in accordance with federal law; AND 11
(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 12
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 13
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 14
(2) A resolution session agreement shall be in writing and enforceable in a 15
court of competent jurisdiction in accordance with federal law. 16
(3) A written resolution agreement may be voided by the parties within 3 17
business days of execution in accordance with federal law. 18
(l) (1) The court may award reasonable attorney’s fees and related costs, 19
including expert witness fees and costs, to the parent of a child with a disability who is a 20
prevailing party in accordance with this subsection. 21
(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 22
awarded and related costs may not be reimbursed for services performed after the date a 23
written offer of settlement is made to a parent if: 24
(i) The settlement offer is made more than 14 days before the start 25
of the proceeding; 26
(ii) The settlement offer is not accepted within 14 days; and 27
(iii) The court finds that the relief finally obtained by the parent is 28
not more favorable to the parent than the settlement offer. 29
(3) An award of attorney’s fees and related costs, including expert witness 30
fees and costs, may be made to a parent who is the prevailing party and who was 31
substantially justified in rejecting a settlement offer. 32
8 HOUSE BILL 903
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 1
INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 2
PROCEEDING , AND DUE PROCESS PROC EEDING: 3
(I) THE NATURE OF THE DISPUTE; AND 4
(II) THE STUDENT’S: 5
1. GRADE LEVEL; 6
2. SPECIAL EDUCATION PLA CEMENT; 7
3. DISABILITY CATEGORY ; 8
4. RACE; 9
5. ETHNICITY; 10
6. GENDER; 11
7. ENGLISH LEARNER STATU S; AND 12
8. FREE AND REDUCED PRIC E MEALS STATUS . 13
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 14
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 15
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 16
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 17
8–413.1. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 21
CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR 22
RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINING HOW 23
TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 24
AND STATE LAW. 25
(3) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A DISABILITY 26
WHOSE PARENT HAS : 27
HOUSE BILL 903 9
(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE 1
MARYLAND LEGAL SERVICES CORPORATION INCOME GU IDELINES; AND 2
(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 3
DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 4
EDUCATION SERVICES O R PROGRAM. 5
(4) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, AND 6
CONSULTANTS FOR SPECIAL EDUCATION FUND. 7
(5) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 8
MEANING AS PROVIDED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 9
EDUCATION ACT. 10
(6) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 11
SUBTITLE. 12
(7) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 13
AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 14
(8) “PUBLIC AGENCY ” HAS THE MEANING STAT ED IN § 8–413 OF THIS 15
SUBTITLE. 16
(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 17
CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 18
(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 19
SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 20
CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 21
(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 22
MARYLAND VOLUNTEER LAWYERS SERVICE. 23
(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE SHALL: 24
1. ADVERTISE THE PROGRAM; 25
2. SEEK ATTORNEYS , ADVOCATES, AND CONSULTANTS 26
INTERESTED IN BEING INCLUDED ON A REFERR AL LIST TO BE PROVID ED TO 27
ELIGIBLE STUDENTS ; 28
3. COMPILE AND MAINTAIN A REFERRAL LIST OF 29
ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 30 10 HOUSE BILL 903
4. DEVELOP CRITERIA TO D ETERMINE THE REQUIRE D 1
QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 2
IN THE PROGRAM; 3
5. ENSURE THAT PUBLIC AG ENCIES PROVIDE 4
NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 5
SECTION; 6
6. PROVIDE THE REFERRAL LIST TO ELIGIBLE 7
STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE; 8
7. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 9
(F) OF THIS SECTION; AND 10
8. STUDY AND EVALUATE : 11
A. THE SERVICES PROVIDED BY THE PROGRAM; AND 12
B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F 13
ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 14
EDUCATION MATTERS . 15
(4) THE PROGRAM MAY S ERVE ONLY ELIGIBLE S TUDENTS WHO MEET 16
AT LEAST ONE OF THE FOLLOWING: 17
(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 18
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 19
THE PROPOSAL ; 20
(II) A REDUCTION IN INSTRUC TIONAL OR REL ATED SERVICES IS 21
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 22
THE PROPOSAL ; 23
(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED O R 24
OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS; 25
(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS H EARING 26
AGAINST THE ELIGIBLE STUDENT OR PARENT ; 27
(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 28
PLACED IN SECLUSION MORE THAN 10 TIMES; 29
HOUSE BILL 903 11
(VI) THE SCHOOL HAS PROPOS ED TO ENROLL AN ELIG IBLE 1
STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 2
WITH THE PROPOSAL ; OR 3
(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 4
THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUC ATION 5
NEEDS OF THE ELIGIBL E STUDENT. 6
(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 7
PROGRAM IN THE PARENT’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 8
INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR 9
DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE. 10
(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 11
CONSULTANTS FOR SPECIAL EDUCATION FUND. 12
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR 13
FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCE S TO ACCESS 14
LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL 15
EDUCATION MATTERS . 16
(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE SHALL 17
ADMINISTER THE FUND. 18
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 19
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
(II) THE STATE TREASURER SHALL HOLD THE FUND 21
SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 22
(5) THE FUND CONSISTS OF : 23
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 24
FUND; 25
(II) INTEREST EARNINGS ; 26
(III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND 27
CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND 28
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 29
FOR THE BENEFIT OF T HE FUND. 30
12 HOUSE BILL 903
(6) THE FUND MAY BE USED ONLY FOR: 1
(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 2
ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 3
(II) OUTREACH AND EDUCATIO N ACTIVITIES; AND 4
(III) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 5
VOLUNTEER LAWYERS SERVICE. 6
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 9
CREDITED TO THE FUND. 10
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 11
ACCORDANCE WITH THE STATE BUDGET . 12
(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL 13
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 TO THE 14
FUND. 15
(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 16
PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 17
1. APPROXIMATELY 25% OF THE ANNUAL 18
APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 19
STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEED INGS; AND 20
2. APPROXIMATELY 75% OF THE ANNUAL 21
APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 22
ADVOCACY OF ELIGIBLE STUDENTS. 23
(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 24
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUNDING THA T 25
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 26
CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 27
(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 28
SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UNDE R THE 29
PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 30
THE MARYLAND VOLUNTEER LAWYERS SERVICE. 31 HOUSE BILL 903 13
(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 1
INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 2
LAWYERS SERVICE MAY RECEIVE T HE INDIVIDUAL’S CUSTOMARY RATE , UP TO $200 3
PER HOUR , TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE 4
PROGRAM. 5
(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 6
MARYLAND VOLUNTEER LAWYERS SERVICE SHALL DIRE CTLY PAY THE ATTORNE Y, 7
ADVOCATE, OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT. 8
(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 9
CONSULTANT UNDER THE PROGRAM DO NOT NEED T O BE REPAID TO THE PROGRAM 10
UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PROCEEDIN G AND 11
FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT. 12
(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 13
FIRST–SERVED BASIS. 14
(II) AN ELIGIBLE STUDENT I S LIMITED TO A LIFET IME MAXIMUM 15
OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 16
(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE SHALL 17
COLLECT THE FOLLOWIN G DATA ON AN ANNUAL BASIS: 18
(I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND; 19
(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE 20
NUMBER OF: 21
1. ELIGIBLE STUDENTS SERVED ; 22
2. ATTORNEYS WHO PROVIDE D SERVICES; 23
3. ADVOCATES WHO PROVIDE D SERVICES; AND 24
4. CONSULTANTS WHO PROVI DED SERVICES; AND 25
(III) THE AMOUNT OF MONEY R ETURNED TO THE FUND DUE TO 26
RECOUPMENT OF FEES . 27
(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 28
THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE SHALL COMPILE 29 14 HOUSE BILL 903
THE INFORMATION COLL ECTED UNDER PARAGRAP H (1) OF THIS SUBSECTION A ND 1
SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 2
THE STATE GOVERNMENT ARTICLE. 3
(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE MAY ADOPT POL ICIES 4
AND PROCEDURES TO CA RRY OUT THIS SECTION . 5
Article – State Finance and Procurement 6
6–226. 7
(a) (2) (i) Notwithstanding any other provision of law, and unless 8
inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
terms of a gift or settlement agreement, net interest on all State money allocated by the 10
State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
Fund of the State. 13
(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
to the following funds: 15
189. the Teacher Retention and Development Fund; [and] 16
190. the Protecting Against Hate Crimes Grant Fund; AND 17
191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 18
CONSULTANTS FOR SPECIAL EDUCATION FUND. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2024. 21