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