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.
Italics indicate opposite chamber/conference committee amendments.
*hb0903*
HOUSE BILL 903
F1, O3 (4lr2759)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment and Budget and
Taxation —
Introduced 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
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governo r, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 903
the Access to Attorneys, Advocates, and Consultants for Special Education Program 1
and Fund. 2
BY repealing and reenacting, with amendments, 3
Article – Education 4
Section 8–405(b) and (e) and 8–413(b) and (c) 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Education 9
Section 8–413(a)(1), (5), and (6) and (l) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Education 14
Section 8–413(m) and 8–413.1 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – State Finance and Procurement 19
Section 6–226(a)(2)(i) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(ii)189. and 190. 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2023 Supplement) 27
BY adding to 28
Article – State Finance and Procurement 29
Section 6–226(a)(2)(ii)191. 30
Annotated Code of Maryland 31
(2021 Replacement Volume and 2023 Supplement) 32
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
That the Laws of Maryland read as follows: 34
Article – Education 35
8–405. 36
HOUSE BILL 903 3
(b) (1) When a team of qualified professionals and the parents meet for the 1
purpose of discussing the identification, evaluation, educational program, or the provision 2
of a free appropriate public education of a child with a disability: 3
(i) The parents of the child shall be afforded the opportunity to 4
participate and shall be provided reasonable notice in advance of the meeting; and 5
(ii) Reasonable notice shall be at least 10 calendar days in advance 6
of the meeting, unless an expedited meeting is being conducted to: 7
1. Address disciplinary issues; 8
2. Determine the placement of the child with a disability not 9
currently receiving educational services; or 10
3. Meet other urgent needs of a child with a disability to 11
ensure the provision of a free appropriate public education. 12
(2) (i) 1. At the initial evaluation meeting, the parents of the child 13
shall be provided: 14
A. In plain language, an oral and written explanation of the 15
parents’ rights and responsibilities in the individualized education program process and a 16
program procedural safeguards notice; 17
B. Written information that the parents may use to contact 18
early intervention and special education family support services staff members within the 19
local school system and a brief description of the services provided by the staff members; 20
[and] 21
C. Written information on the Special Education 22
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 23
State Government Article; AND 24
D. WRITTEN INFORMATION A BOUT THE ACCESS TO 25
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 26
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 27
2. If a parent’s native language is not English, the 28
information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 29
provided to the parent in the parent’s native language. 30
(ii) The parents may request the information provided under 31
subparagraph (i) of this paragraph at any subsequent meeting. 32
4 HOUSE BILL 903
(iii) If a child who has an individualized education program 1
developed in another school system moves into a different local school system, that local 2
school system shall provide the information required under subparagraph (i)1B [and], C, 3
AND D of this paragraph at the time of the first written communication with the parents 4
regarding the child’s individualized education program or special education services. 5
(iv) A local school system shall publish information that a parent 6
may use to contact early intervention and special education family support services staff 7
members within the local school system and a brief description of the services provided by 8
the staff members in a prominent place on the section of its website relating to special 9
education services. 10
(3) Failure to provide the information required under paragraph (2)(i)1B 11
[and], C, AND D of this subsection does not constitute grounds for a due process complaint 12
under § 8–413 of this subtitle. 13
(4) (i) A parent may request an independent educational evaluation at 14
public expense in accordance with regulations adopted by the Department if: 15
1. The parent disagrees with the educational evaluation of 16
the student that was conducted by the local school system; or 17
2. The parent submits to the local school system a written 18
request for an educational evaluation conducted by the local school system and the local 19
school system: 20
A. Does not respond to the request within 30 days as required 21
under subparagraph (ii) of this paragraph; or 22
B. Approves the request but the educational evaluation 23
meeting does not occur, through no fault of the parent, within: 24
I. 60 days after the date on which the request was received 25
by the local school system; or 26
II. If the State is under a state of emergency proclaimed by 27
the Governor, 90 days after the date on which the request was received by the local school 28
system. 29
(ii) The local school system shall provide a written response 30
approving or denying a request within 30 days of the date the request was made. 31
(iii) If the local school system approves a request, the written 32
response shall advise the parent of the process for arranging the evaluation at public 33
expense. 34
HOUSE BILL 903 5
(iv) If the local school system denies a request, the local school system 1
shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 2
of the denial. 3
(5) (i) If, during an individualized education program team meeting, a 4
parent disagrees with the child’s individualized education program or the special education 5
services provided to the child, the individualized education program team shall provide the 6
parent with, in plain language: 7
1. An oral and a written explanation of the parent’s right to 8
request mediation in accordance with § 8–413 of this subtitle; 9
2. Contact information, including a telephone number that a 10
parent may use to receive more information about the mediation process; [and] 11
3. Information regarding pro bono representation and other 12
free or low–cost legal and related services available in the area; AND 13
4. WRITTEN INFORMATION A BOUT THE ACCESS TO 14
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 15
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 16
(ii) A parent may request the information provided under 17
subparagraph (i) of this paragraph at any individualized education program team meeting. 18
(6) (i) If the native language spoken by a parent who requests 19
information under paragraph (5) of this subsection is spoken by more than 1% of the 20
student population in the local school system, the parent may request that the information 21
be translated into the parent’s native language. 22
(ii) If a parent makes a request under subparagraph (i) of this 23
paragraph, the individualized education program team shall provide the parent with the 24
translated document within 30 days after the date of the request. 25
(e) (1) (i) Except as provided in paragraph (2) of this subsection, and 26
subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 27
scheduled meeting of the individualized education program team or other multidisciplinary 28
education team for any purpose for a child with a disability, appropriate school personnel 29
shall provide the parents of the child with [an]: 30
1. AN accessible copy of each assessment, report, data chart, 31
draft individualized education program, or other document that either team plans to 32
discuss at the meeting; 33
6 HOUSE BILL 903
2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 1
ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR 2
SPECIAL EXPERTISE REGARDING THE STUDENT ; AND 3
3. WRITTEN INFORMATION A BOUT THE ACCESS TO 4
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 5
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 6
(ii) Subject to subparagraph (i) of this paragraph, an assessment, 7
report, data chart, or other document prepared by a school psychologist or other medical 8
professional that either team plans to discuss at the meeting may be provided to the parents 9
of the child orally and in writing prior to the meeting. 10
(iii) The parents of a child may notify appropriate school personnel 11
that they do not want to receive the documents required to be provided under subparagraph 12
(i) of this paragraph. 13
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 14
school personnel are not required to comply with paragraph (1) of this subsection in the 15
event of an extenuating circumstance. 16
(ii) In the event of an extenuating circumstance, appropriate school 17
personnel who fail to comply with paragraph (1) of this subsection shall document the 18
extenuating circumstance and communicate that information to the parents of the child. 19
8–413. 20
(a) (1) In this section the following words have the meanings indicated. 21
(5) “Parent” means: 22
(i) A child’s natural or adoptive parents, a guardian, or a person 23
acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 24
(ii) A foster parent with whom a child lives if the foster parent has 25
been granted limited guardianship for educational decision making purposes by the court 26
that placed the child in foster care; 27
(iii) Another individual who is legally responsible for the child’s 28
welfare; or 29
(iv) A parent surrogate appointed in accordance with § 8–412 of this 30
subtitle. 31
(6) “Public agency” means the State Department of Education, a local 32
school system, the Juvenile Services Education Program, or any State agency responsible 33 HOUSE BILL 903 7
for providing education to students with disabilities, including the Maryland School for the 1
Blind and the Maryland School for the Deaf. 2
(b) (1) The parent of a child with a disability or a public agency may formally 3
request mediation at any time to resolve any disagreement between the parties regarding 4
the child’s special education services or program. 5
(2) If a parent files a due process complaint against a public agency 6
concerning the identification, evaluation, or educational placement of a student or the 7
provision of a free appropriate public education, any party shall be given the opportunity 8
to request mediation of those aspects of the decision subject to dispute. 9
(3) The request for mediation may not be used to deny or delay the parent’s 10
rights under federal law or this section. 11
(4) Any party to the mediation has the right to be accompanied and advised 12
by counsel. 13
(5) Mediation shall be conducted in accordance with departmental 14
regulations. 15
(6) A mediation agreement shall be in writing and is enforceable in a court 16
of competent jurisdiction in accordance with federal law. 17
(7) The Department shall make a staff member available to assist a parent 18
in understanding the mediation process. 19
(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 20
PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 21
SPECIAL EDUCATION PROGRAM ESTA BLISHED UNDER § 8–413.1 OF THIS SUBTITLE. 22
(c) (1) Before conducting a due process hearing in accordance with subsection 23
(d) of this section, the public agency shall provide the parent with [an]: 24
(I) AN opportunity to resolve the due process complaint at a 25
resolution session in accordance with federal law; AND 26
(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 27
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 28
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE. 29
(2) A resolution session agreement shall be in writing and enforceable in a 30
court of competent jurisdiction in accordance with federal law. 31
(3) A written resolution agreement may be voided by the parties within 3 32
business days of execution in accordance with federal law. 33 8 HOUSE BILL 903
(l) (1) The court may award reasonable attorney’s fees and related costs, 1
including expert witness fees and costs, to the parent of a child with a disability who is a 2
prevailing party in accordance with this subsection. 3
(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 4
awarded and related costs may not be reimbursed for services performed after the date a 5
written offer of settlement is made to a parent if: 6
(i) The settlement offer is made more than 14 days before the start 7
of the proceeding; 8
(ii) The settlement offer is not accepted within 14 days; and 9
(iii) The court finds that the relief finally obtained by the parent is 10
not more favorable to the parent than the settlement offer. 11
(3) An award of attorney’s fees and related costs, including expert witness 12
fees and costs, may be made to a parent who is the prevailing party and who was 13
substantially justified in rejecting a settlement offer. 14
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWIN G 15
INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 16
PROCEEDING , AND DUE PROCESS PROC EEDING: 17
(I) THE NATURE OF THE DIS PUTE; AND 18
(II) THE STUDENT’S: 19
1. GRADE LEVEL; 20
2. SPECIAL EDUCATION PLA CEMENT; 21
3. DISABILITY CATEGORY ; 22
4. RACE; 23
5. ETHNICITY; 24
6. GENDER; 25
7. ENGLISH LEARNER STATU S; AND 26
8. FREE AND REDUCED PRIC E MEALS STATUS . 27
HOUSE BILL 903 9
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 1
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION AND, ON OR BEFORE 2
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 3
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 4
8–413.1. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL W HO, FOR 8
COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED 9
EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS 10
PROCEEDINGS TO : 11
1. A STUDENT WITH A DISAB ILITY; OR 12
2. THE PARENT OR GUARDIA N OF A STUDENT WITH A 13
DISABILITY. 14
(II) “ADVOCATE” DOES NOT INCLUDE : 15
1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO 16
REPRESENT A STUDENT WITH A DISABILITY; OR 17
2. A CONSULTANT . 18
(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 19
CERTIFICATION IN A FIELD THAT IS DIRECTLY RELATED TO S PECIAL EDUCATION OR 20
RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW 21
TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 22
AND STATE LAW. 23
(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A 24
DISABILITY WHOSE PAR ENT HAS: 25
(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE 26
MARYLAND LEGAL SERVICES CORPORATION INCOME GUIDELINES USED BY THE 27
MARYLAND VOLUNTEER LAWYERS SERVICE; AND 28
(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 29
DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 30
EDUCATION SERVICES O R PROGRAM. 31
10 HOUSE BILL 903
(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 1
AND CONSULTANTS FOR SPECIAL EDUCATION FUND. 2
(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 3
MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 4
EDUCATION ACT. 5
(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 6
SUBTITLE. 7
(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, 8
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 9
(8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF 10
THIS SUBTITLE. 11
(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 12
CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 13
(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 14
SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 15
CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 16
(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 17
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 18
VOLUNTEER LAWYERS SERVICE. 19
(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 20
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: 21
1. ADVERTISE THE PROGRAM; 22
2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND 23
CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE 24
PROVIDED TO ELIGIBLE STUDENTS; 25
3. COMPILE AND MAINTAIN A REFERRAL LIST OF 26
QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 27
4. DEVELOP SUBJECT TO SUBPARAGRAPH (III) OF THIS 28
PARAGRAPH , DEVELOP DEVELOP CRITERIA TO DETERMIN E THE REQUIRED 29
QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 30
IN THE PROGRAM; 31
HOUSE BILL 903 11
5. DEVELOP, IN CONSULTATION WITH THE 1
DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DIRECTOR S, 2
DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY , 3
TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL 4
EDUCATION LAW AND PR OCEDURES; 5
6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC 6
AGENCIES THE WRITTEN INFORMATIONA L MATERIALS REQUIRED TO BE PROVIDED 7
TO PARENTS UNDER § 8–405 OF THIS SUBTITLE; 8
5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE 9
NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 10
SECTION; 11
6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE 12
STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 13
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE; 14
7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 15
(F) OF THIS SECTION; AND 16
8. 10. STUDY AND EVALUATE: 17
A. THE SERVICES PROVIDED BY THE PROGRAM; AND 18
B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F 19
ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 20
EDUCATION MATTERS . 21
(III) 1. THE MARYLAND VOLUNTEER LAWYERS SERVICE 22
SHALL DEVELOP TRAINI NG CRITERIA TO TRAIN ATTORNEYS, ADVOCATES, AND 23
CONSULTANTS WHO SEEK TO PARTICIPATE IN TH E PROGRAM. 24
2. THE TRAINING DEVELOPE D UNDER THIS 25
SUBPARAGRAPH SHALL T EACH ATTORNEYS , ADVOCATES, AND CONSULTANTS ABOU T 26
ALL RELEVANT ASPECTS OF STATE AND FEDERAL LAW RELATING TO INDIVIDU ALS 27
WITH DISABILITIES IN A SCHOOL SETTING . 28
3. THE MARYLAND VOLUNTEER LAWYERS SERVICE 29
SHALL CONSULT WITH S PECIAL EDUCATION DIR ECTORS, DISABILITY RIGHTS 30
ADVOCATES, AND MEMBERS OF THE J UDICIARY IN DEVELOPI NG THE TRAINING. 31
12 HOUSE BILL 903
4. AN ATTORNEY, ADVOCATE, OR CONSULTANT MAY NO T 1
PARTICIPATE IN THE PROGRAM UNLESS THE AT TORNEY, ADVOCATE, OR 2
CONSULTANT HAS COMPL ETED THE TRAINING . 3
(4) (I) THE MARYLAND LEGAL SERVICES CORPORATION 4
VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR AUTHO RIZE OTHER NONPROFIT 5
ORGANIZATIONS TO PRO VIDE TO ADVOCATES AN D CONSULTANTS THE TR AINING 6
DEVELOPED UNDER PARA GRAPH (3)(II)5 OF THIS SUBSECTION . 7
(II) AN ADVOCATE OR A CONS ULTANT SHALL COMPLET E THE 8
TRAINING PROVIDED UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO QUALIFY 9
TO PARTICIPATE IN AN D RECEIVE PAYMENT UN DER THE PROGRAM. 10
(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO 11
MEET AT LEAST ONE OF THE FOLLOWING : 12
(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 13
BEING PROPOSED FOR THE ELI GIBLE STUDENT AND TH E PARENT DISAGREES W ITH 14
THE PROPOSAL ; 15
(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS 16
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 17
THE PROPOSAL ; 18
(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR 19
OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS; 20
(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING 21
AGAINST THE ELIGIBLE STUDENT OR PARENT ; 22
(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 23
PLACED IN SECLUSION MORE THAN 10 TIMES; 24
(VI) THE SCHOOL HAS PROPOS ED TO ENROLL AN ELIG IBLE 25
STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 26
WITH THE PROPOSAL ; OR 27
(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 28
THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUCATION 29
NEEDS OF THE ELIGIBL E STUDENT. 30
(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 31
PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 32 HOUSE BILL 903 13
INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR 1
DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE. 2
(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 3
CONSULTANTS FOR SPECIAL EDUCATION FUND. 4
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR 5
FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCES TO ACCESS 6
LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL 7
EDUCATION MATTERS . 8
(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT 9
SHALL ADMINISTER THE FUND. 10
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 11
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
(II) THE STATE TREASURER SHALL HOLD THE FUND 13
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
(5) THE FUND CONSISTS OF : 15
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 16
FUND; 17
(II) INTEREST EARNINGS ; 18
(III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND 19
CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND 20
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 21
FOR THE BENEFIT OF T HE FUND. 22
(6) THE FUND MAY BE USED ONLY FOR: 23
(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 24
ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 25
(II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN 26
INFORMATIONAL MATERI AL FOR PARENTS ; 27
(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND 28
14 HOUSE BILL 903
(III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 1
VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL 2
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE. 3
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 4
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED . 5
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 6
CREDITED TO THE FUND. 7
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 8
ACCORDANCE WITH THE STATE BUDGET . 9
(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL 10
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 11
$1,000,000 TO THE FUND. 12
(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 13
PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 14
1. APPROXIMATELY 25% OF THE ANNUAL 15
APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 16
STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND 17
2. APPROXIMATELY 75% OF THE ANNUAL 18
APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 19
ADVOCACY OF ELIGIBLE STUDENTS. 20
(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 21
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 22
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 23
CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 24
(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 25
SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UN DER THE 26
PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 27
THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 28
VOLUNTEER LAWYERS SERVICE. 29
(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 30
INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 31
LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS 32
SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER 33
HOUR, TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE PROGRAM. 34 HOUSE BILL 903 15
(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 1
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 2
VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE, 3
OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT 4
DESCRIBED IN PARAGRAPH (3)(II) OF THIS SUBSECTION . 5
(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 6
CONSULTANT UNDER THE PROGRAM DO NOT NEED T O BE REPAID TO THE PROGRAM 7
UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND 8
FEES HAVE BEEN AWARDED TO THE ELIGI BLE STUDENT. 9
(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 10
FIRST–SERVED BASIS. 11
(II) AN ELIGIBLE STUDENT I S LIMITED TO A LIFET IME MAXIMUM 12
OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 13
(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 14
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE 15
FOLLOWING DATA ON AN ANNUAL BASIS: 16
(I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND; 17
(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE 18
NUMBER OF: 19
1. ELIGIBLE STUDENTS SER VED; 20
2. ATTORNEYS WHO PROVIDE D SERVICES; 21
3. ADVOCATES WHO PROVIDE D SERVICES; AND 22
4. CONSULTANTS WHO PROVI DED SERVICES; AND 23
(III) THE AMOUNT OF FUNDS D ISBURSED DISAGGREGAT ED BY 24
THE TYPE OF SERVICE , INCLUDING: 25
1. DISPUTE RESOLUTION PR OCEEDINGS, INCLUDING 26
MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND 27
2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING 28
CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND 29
16 HOUSE BILL 903
(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND 1
DUE TO RECOUPMENT OF FEES. 2
(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 3
THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES 4
CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION 5
COLLECTED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT 6
TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 7
GOVERNMENT ARTICLE. 8
(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES 9
CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES AND 10
PROCEDURES TO CARRY OUT THIS SECTION . 11
Article – State Finance and Procurement 12
6–226. 13
(a) (2) (i) Notwithstanding any other provision of law, and unless 14
inconsistent with a federal law, grant agreement, or other federal requirement or with the 15
terms of a gift or settlement agreement, net interest on all State money allocated by the 16
State Treasurer under this section to special funds or accounts, and otherwise entitled to 17
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 18
Fund of the State. 19
(ii) The provisions of subparagraph (i) of this paragraph do not apply 20
to the following funds: 21
189. the Teacher Retention and Development Fund; [and] 22
190. the Protecting Against Hate Crimes Grant Fund; AND 23
191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 24
CONSULTANTS FOR SPECIAL EDUCATION FUND. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October July 1, 2024. 27