Maryland 2024 Regular Session

Maryland House Bill HB903 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 171
2	1
3		-	– 1 –
4		-	Chapter 171
5		-	(House Bill 903)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0903
8	10
9		-	Education – Access to Attorneys, Advocates, and Consultants for Special
10		-	Education Program and Fund – Established
	11	+	HOUSE BILL 903
	12	+	F1, O3 (4lr2759)
	13	+	ENROLLED BILL
	14	+	— Ways and Means/Education, Energy, and the Environment and Budget and
	15	+	Taxation —
	16	+	Introduced by Delegates Atterbeary, Griffith, Attar, Bouchat, Buckel, Ebersole,
	17	+	Edelson, Fair, Feldmark, Grossman, Guzzone, Hartman, Hill, Hornberger,
	18	+	Kaufman, Korman, Miller, Palakovich Carr, Patterson, Terrasa, Watson,
	19	+	Wells, Wilkins, Wilson, Wims, Young, and Ziegler Ziegler, Henson,
	20	+	Mireku–North, and Wu
11	21
12		-	FOR the purpose of requiring certain information to be provided to the parents of a child
13		-	with a disability under certain circumstances; requiring certain public agencies to
14		-	compile, collect, and report certain information; establishing the Access to Attorneys,
15		-	Advocates, and Consultants for Special Education Program; establishing the Access
16		-	to Attorneys, Advocates, and Consultants for Special Education Fund; requiring
17		-	interest earnings of the Fund to be credited to the Fund; and generally relating to
18		-	the Access to Attorneys, Advocates, and Consultants for Special Education Program
19		-	and Fund.
	22	+	Read and Examined by Proofreaders:
20	23
21		-	BY repealing and reenacting, with amendments,
22		-	Article – Education
23		-	Section 8–405(b) and (e) and 8–413(b) and (c)
24		-	Annotated Code of Maryland
25		-	(2022 Replacement Volume and 2023 Supplement)
	24	+	_______________________________________________
	25	+	Proofreader.
	26	+	_______________________________________________
	27	+	Proofreader.
26	28
27		-	BY repealing and reenacting, without amendments,
28		-	Article – Education
29		-	Section 8–413(a)(1), (5), and (6) and (l)
30		-	Annotated Code of Maryland
31		-	(2022 Replacement Volume and 2023 Supplement)
	29	+	Sealed with the Great Seal and presented to the Governo r, for his approval this
32	30
33		-	BY adding to
34		-	Article – Education
35		-	Section 8–413(m) and 8–413.1
36		-	Annotated Code of Maryland
37		-	(2022 Replacement Volume and 2023 Supplement)
	31	+	_______ day of _______________ at ________________________ o’clock, ________M.
38	32
39		-	BY repealing and reenacting, without amendments,
40		-	Article – State Finance and Procurement
41		-	Section 6–226(a)(2)(i)
42		-	Annotated Code of Maryland
43		-	(2021 Replacement Volume and 2023 Supplement)
	33	+	______________________________________________
	34	+	Speaker.
44	35
45		-	BY repealing and reenacting, with amendments,
46		-	Article – State Finance and Procurement
47		-	Section 6–226(a)(2)(ii)189. and 190.
48		-	Annotated Code of Maryland
49		-	(2021 Replacement Volume and 2023 Supplement) Ch. 171 2024 LAWS OF MARYLAND
	36	+	CHAPTER ______
50	37
51		-	~~– 2 –~~
	38	+	AN ACT concerning 1
52	39
53		-	BY adding to
54		-	Article – State Finance and Procurement
55		-	Section 6–226(a)(2)(ii)191.
56		-	Annotated Code of Maryland
57		-	(2021 Replacement Volume and 2023 Supplement)
	40	+	Education – Access to Attorneys, Advocates, and Consultants for Special 2
	41	+	Education Program and Fund – Established 3
58	42
59		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
60		-	That the Laws of Maryland read as follows:
	43	+	FOR the purpose of requiring certain information to be provided to the parents of a child 4
	44	+	with a disability under certain circumstances; requiring certain public agencies to 5
	45	+	compile, collect, and report certain information; establishing the Access to Attorneys, 6
	46	+	Advocates, and Consultants for Special Education Program; establishing the Access 7
	47	+	to Attorneys, Advocates, and Consultants for Special Education Fund; requiring 8
	48	+	interest earnings of the Fund to be credited to the Fund; and generally relating to 9 2 HOUSE BILL 903
61	49
62		-	Article – Education
63	50
64		-	8–405.
	51	+	the Access to Attorneys, Advocates, and Consultants for Special Education Program 1
	52	+	and Fund. 2
65	53
66		-	(b) (1) When a team of qualified professionals and the parents meet for the
67		-	purpose of discussing the identification, evaluation, educational program, or the provision
68		-	of a free appropriate public education of a child with a disability:
	54	+	BY repealing and reenacting, with amendments, 3
	55	+	Article – Education 4
	56	+	Section 8–405(b) and (e) and 8–413(b) and (c) 5
	57	+	Annotated Code of Maryland 6
	58	+	(2022 Replacement Volume and 2023 Supplement) 7
69	59
70		-	(i) The parents of the child shall be afforded the opportunity to
71		-	participate and shall be provided reasonable notice in advance of the meeting; and
	60	+	BY repealing and reenacting, without amendments, 8
	61	+	Article – Education 9
	62	+	Section 8–413(a)(1), (5), and (6) and (l) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2022 Replacement Volume and 2023 Supplement) 12
72	65
73		-	(ii) Reasonable notice shall be at least 10 calendar days in advance
74		-	of the meeting, unless an expedited meeting is being conducted to:
	66	+	BY adding to 13
	67	+	Article – Education 14
	68	+	Section 8–413(m) and 8–413.1 15
	69	+	Annotated Code of Maryland 16
	70	+	(2022 Replacement Volume and 2023 Supplement) 17
75	71
76		-	1. Address disciplinary issues;
	72	+	BY repealing and reenacting, without amendments, 18
	73	+	Article – State Finance and Procurement 19
	74	+	Section 6–226(a)(2)(i) 20
	75	+	Annotated Code of Maryland 21
	76	+	(2021 Replacement Volume and 2023 Supplement) 22
77	77
78		-	2. Determine the placement of the child with a disability not
79		-	currently receiving educational services; or
	78	+	BY repealing and reenacting, with amendments, 23
	79	+	Article – State Finance and Procurement 24
	80	+	Section 6–226(a)(2)(ii)189. and 190. 25
	81	+	Annotated Code of Maryland 26
	82	+	(2021 Replacement Volume and 2023 Supplement) 27
80	83
81		-	3. Meet other urgent needs of a child with a disability to
82		-	ensure the provision of a free appropriate public education.
	84	+	BY adding to 28
	85	+	Article – State Finance and Procurement 29
	86	+	Section 6–226(a)(2)(ii)191. 30
	87	+	Annotated Code of Maryland 31
	88	+	(2021 Replacement Volume and 2023 Supplement) 32
83	89
84		-	~~(2) (i)~~ 1. At the ~~initial evaluation meeting, the parents~~ of ~~the child~~
85		-	~~shall be provided~~:
	90	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
	91	+	That the Laws of Maryland read as follows: 34
86	92
87		-	A. In plain language, an oral and written explanation of the
88		-	parents’ rights and responsibilities in the individualized education program process and a
89		-	program procedural safeguards notice;
	93	+	Article – Education 35
90	94
91		-	B. Written information that the parents may use to contact
92		-	early intervention and special education family support services staff members within the
93		-	local school system and a brief description of the services provided by the staff members;
94		-	[and]
95		-	WES MOORE, Governor Ch. 171
	95	+	8–405. 36
	96	+	HOUSE BILL 903 3
96	97
97		-	– 3 –
98		-	C. Written information on the Special Education
99		-	Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the
100		-	State Government Article; AND
101	98
102		-	~~D. WRITTEN INFORMATION~~ A ~~BOUT~~ THE ~~ACCESS TO~~
103		-	~~ATTORNEYS~~, ~~ADVOCATES~~, ~~AND CONSULTANTS FOR SPECIAL EDUCATION~~ PROGRAM
104		-	~~ESTABLISHED UNDER § 8–413.1~~ OF ~~THIS SUBTITLE .~~
	99	+	(b) (1) When a team of qualified professionals and the parents meet for the 1
	100	+	purpose of discussing the identification, evaluation, educational program, or the provision 2
	101	+	of a free appropriate public education of a child with a disability: 3
105	102
106		-	2. If a parent’s native language is not English, the
107		-	information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be
108		-	provided to the parent in the parent’s native language.
	103	+	(i) The parents of the child shall be afforded the opportunity to 4
	104	+	participate and shall be provided reasonable notice in advance of the meeting; and 5
109	105
110		-	(ii) ~~The parents may request the information provided under~~
111		-	~~subparagraph (i)~~ of ~~this paragraph at any subsequent~~ meeting.
	106	+	(ii) Reasonable notice shall be at least 10 calendar days in advance 6
	107	+	of the meeting, unless an expedited meeting is being conducted to: 7
112	108
113		-	(iii) If a child who has an ind ividualized education program
114		-	developed in another school system moves into a different local school system, that local
115		-	school system shall provide the information required under subparagraph (i)1B [and], C,
116		-	AND D of this paragraph at the time of the first written communication with the parents
117		-	regarding the child’s individualized education program or special education services.
	109	+	1. Address disciplinary issues; 8
118	110
119		-	(iv) A local school system shall publish information that a parent
120		-	may use to contact early intervention and special education family support services staff
121		-	members within the local school system and a brief description of the services provided by
122		-	the staff members in a prominent place on the section of its website relating to special
123		-	education services.
	111	+	2. Determine the placement of the child with a disability not 9
	112	+	currently receiving educational services; or 10
124	113
125		-	(3) Failure to provide the information required under paragraph (2)(i)1B
126		-	[and], C, AND D of this subsection does not constitute grounds for a due process complaint
127		-	under § 8–413 of this subtitle.
	114	+	3. Meet other urgent needs of a child with a disability to 11
	115	+	ensure the provision of a free appropriate public education. 12
128	116
129		-	(4) (i) ~~A parent may request an independent educational~~ evaluation at
130		-	~~public expense in accordance with regulations adopted by the Department if~~:
	117	+	(2) (i) 1. At the initial evaluation meeting, the parents of the child 13
	118	+	shall be provided: 14
131	119
132		-	1. The parent disagrees with the educational evaluation of
133		-	the student that was conducted by the local school system; or
	120	+	A. In plain language, an oral and written explanation of the 15
	121	+	parents’ rights and responsibilities in the individualized education program process and a 16
	122	+	program procedural safeguards notice; 17
134	123
135		-	2. The parent submits to the local school system a written
136		-	request for an educational evaluation conducted by the local school system and the local
137		-	school system:
	124	+	B. Written information that the parents may use to contact 18
	125	+	early intervention and special education family support services staff members within the 19
	126	+	local school system and a brief description of the services provided by the staff members; 20
	127	+	[and] 21
138	128
139		-	A. Does not respond to the request within 30 days as required
140		-	under subparagraph (ii) of this paragraph; or
	129	+	C. Written information on the Special Education 22
	130	+	Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 23
	131	+	State Government Article; AND 24
141	132
142		-	B. Approves the request but the educational evaluation
143		-	meeting does not occur, through no fault of the parent, within: Ch. 171 2024 LAWS OF MARYLAND
	133	+	D. WRITTEN INFORMATION A BOUT THE ACCESS TO 25
	134	+	ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 26
	135	+	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 27
144	136
145		-	– 4 –
	137	+	2. If a parent’s native language is not English, the 28
	138	+	information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 29
	139	+	provided to the parent in the parent’s native language. 30
146	140
147		-	I. 60 days after the date on which the request was received
148		-	by the local school system; or
	141	+	(ii) The parents may request the information provided under 31
	142	+	subparagraph (i) of this paragraph at any subsequent meeting. 32
	143	+	4 HOUSE BILL 903
149	144
150		-	II. If the State is under a state of emergency proclaimed by
151		-	the Governor, 90 days after the date on which the request was received by the local school
152		-	system.
153	145
154		-	(ii) The local school system shall provide a written response
155		-	approving or denying a request within 30 days of the date the request was made.
	146	+	(iii) If a child who has an individualized education program 1
	147	+	developed in another school system moves into a different local school system, that local 2
	148	+	school system shall provide the information required under subparagraph (i)1B [and], C, 3
	149	+	AND D of this paragraph at the time of the first written communication with the parents 4
	150	+	regarding the child’s individualized education program or special education services. 5
156	151
157		-	(iii) If the local school system approves a request, the written
158		-	response shall advise the parent of the process for arranging the evaluation at public
159		-	expense.
	152	+	(iv) A local school system shall publish information that a parent 6
	153	+	may use to contact early intervention and special education family support services staff 7
	154	+	members within the local school system and a brief description of the services provided by 8
	155	+	the staff members in a prominent place on the section of its website relating to special 9
	156	+	education services. 10
160	157
161		-	(iv) If the ~~local school system denies a request,~~ ~~the local school system~~
162		-	~~shall file~~ a due process complaint ~~under § 8–413 of this subtitle within 30 days of the date~~
163		-	of ~~the denial~~.
	158	+	(3) Failure to provide the information required under paragraph (2)(i)1B 11
	159	+	[and], C, AND D of this subsection does not constitute grounds for a due process complaint 12
	160	+	under § 8–413 of this subtitle. 13
164	161
165		-	(5) (i) If, during an individualized education program team meeting, a
166		-	parent disagrees with the child’s individualized education program or the special education
167		-	services provided to the child, the individualized education program team shall provide the
168		-	parent with, in plain language:
	162	+	(4) (i) A parent may request an independent educational evaluation at 14
	163	+	public expense in accordance with regulations adopted by the Department if: 15
169	164
170		-	1. ~~An oral and a written explanation~~ of ~~the parent’s right to~~
171		-	~~request mediation in accordance with § 8–413 of this subtitle~~;
	165	+	1. The parent disagrees with the educational evaluation of 16
	166	+	the student that was conducted by the local school system; or 17
172	167
173		-	2. Contact information, including a telephone number that a
174		-	parent may use to receive more information about the mediation process; [and]
	168	+	2. The parent submits to the local school system a written 18
	169	+	request for an educational evaluation conducted by the local school system and the local 19
	170	+	school system: 20
175	171
176		-	3. ~~Information regarding pro bono representation and other~~
177		-	~~free~~ or ~~low–cost legal and related services available in the area; AND~~
	172	+	A. Does not respond to the request within 30 days as required 21
	173	+	under subparagraph (ii) of this paragraph; or 22
178	174
179		-	4. WRITTEN INFORMATION A BOUT THE ACCESS TO
180		-	ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
181		-	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
	175	+	B. Approves the request but the educational evaluation 23
	176	+	meeting does not occur, through no fault of the parent, within: 24
182	177
183		-	~~(ii) A parent may~~ request ~~the information provided under~~
184		-	~~subparagraph (i) of this paragraph at any individualized education program team meeting.~~
	178	+	I. 60 days after the date on which the request was received 25
	179	+	by the local school system; or 26
185	180
186		-	(6) (i) If the native language spoken by a parent who requests
187		-	information under paragraph (5) of this subsection is spoken by more than 1% of the
188		-	student population in the local school system, the parent may request that the information
189		-	be translated into the parent’s native language.
190		-	WES MOORE, Governor Ch. 171
	181	+	II. If the State is under a state of emergency proclaimed by 27
	182	+	the Governor, 90 days after the date on which the request was received by the local school 28
	183	+	system. 29
191	184
192		-	– 5 –
193		-	(ii) If a parent makes a request under subparagraph (i) of this
194		-	paragraph, the individualized education program team shall provide the parent with the
195		-	translated document within 30 days after the date of the request.
	185	+	(ii) The local school system shall provide a written response 30
	186	+	approving or denying a request within 30 days of the date the request was made. 31
196	187
197		-	(e) (1) (i) Except as provided in paragraph (2) of this subsection, and
198		-	subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a
199		-	scheduled meeting of the individualized education program team or other multidisciplinary
200		-	education team for any purpose for a child with a disability, appropriate school personnel
201		-	shall provide the parents of the child with [an]:
	188	+	(iii) If the local school system approves a request, the written 32
	189	+	response shall advise the parent of the process for arranging the evaluation at public 33
	190	+	expense. 34
	191	+	HOUSE BILL 903 5
202	192
203		-	1. AN accessible copy of each assessment, report, data chart,
204		-	draft individualized education program, or other document that either team plans to
205		-	discuss at the meeting;
206	193
207		-	~~2. NOTIFICATION OF~~ THE ~~R IGHT OF~~ THE ~~PARENT T O BE~~
208		-	~~ACCOMPANIED TO~~ THE ~~M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR~~
209		-	~~SPECIAL EXPERTISE REGARDING~~ THE ~~STUDENT ; AND~~
	194	+	(iv) If the local school system denies a request, the local school system 1
	195	+	shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 2
	196	+	of the denial. 3
210	197
211		-	3. WRITTEN INFORMATION A BOUT THE ACCESS TO
212		-	ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
213		-	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
	198	+	(5) (i) If, during an individualized education program team meeting, a 4
	199	+	parent disagrees with the child’s individualized education program or the special education 5
	200	+	services provided to the child, the individualized education program team shall provide the 6
	201	+	parent with, in plain language: 7
214	202
215		-	(ii) Subject to subparagraph (i) of this paragraph, an assessment,
216		-	report, data chart, or other document prepared by a school psychologist or other medical
217		-	professional that either team plans to discuss at the meeting may be provided to the parents
218		-	of the child orally and in writing prior to the meeting.
	203	+	1. An oral and a written explanation of the parent’s right to 8
	204	+	request mediation in accordance with § 8–413 of this subtitle; 9
219	205
220		-	(iii) The parents of a child may notify appropriate school personnel
221		-	that they do not want to receive the documents required to be provided under subparagraph
222		-	(i) of this paragraph.
	206	+	2. Contact information, including a telephone number that a 10
	207	+	parent may use to receive more information about the mediation process; [and] 11
223	208
224		-	(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate
225		-	school personnel are not required to comply with paragraph (1) of this subsection in the
226		-	event of an extenuating circumstance.
	209	+	3. Information regarding pro bono representation and other 12
	210	+	free or low–cost legal and related services available in the area; AND 13
227	211
228		-	~~(ii) In~~ the ~~event of an extenuating circumstance, appropriate school~~
229		-	~~personnel who fail to comply with paragraph (1) of this subsection shall document the~~
230		-	~~extenuating circumstance and communicate that information to the parents~~ of ~~the child~~.
	212	+	4. WRITTEN INFORMATION A BOUT THE ACCESS TO 14
	213	+	ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 15
	214	+	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 16
231	215
232		-	8–413.
	216	+	(ii) A parent may request the information provided under 17
	217	+	subparagraph (i) of this paragraph at any individualized education program team meeting. 18
233	218
234		-	(a) (1) In this section the following words have the meanings indicated.
	219	+	(6) (i) If the native language spoken by a parent who requests 19
	220	+	information under paragraph (5) of this subsection is spoken by more than 1% of the 20
	221	+	student population in the local school system, the parent may request that the information 21
	222	+	be translated into the parent’s native language. 22
235	223
236		-	(5) “Parent” means:
237		-	Ch. 171 2024 LAWS OF MARYLAND
	224	+	(ii) If a parent makes a request under subparagraph (i) of this 23
	225	+	paragraph, the individualized education program team shall provide the parent with the 24
	226	+	translated document within 30 days after the date of the request. 25
238	227
239		-	– 6 –
240		-	(i) A child’s natural or adoptive parents, a guardian, or a person
241		-	acting as a parent of a child, such as a relative or a stepparent with whom the child lives;
	228	+	(e) (1) (i) Except as provided in paragraph (2) of this subsection, and 26
	229	+	subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 27
	230	+	scheduled meeting of the individualized education program team or other multidisciplinary 28
	231	+	education team for any purpose for a child with a disability, appropriate school personnel 29
	232	+	shall provide the parents of the child with [an]: 30
242	233
243		-	(ii) A foster parent with whom a child lives if the foster parent has
244		-	been granted limited guardianship for educational decision making purposes by the court
245		-	that placed the child in foster care;
	234	+	1. AN accessible copy of each assessment, report, data chart, 31
	235	+	draft individualized education program, or other document that either team plans to 32
	236	+	discuss at the meeting; 33
	237	+	6 HOUSE BILL 903
246	238
247		-	(iii) Another individual who is legally responsible for the child’s
248		-	welfare; or
249	239
250		-	(iv) A parent surrogate appointed in accordance with § 8–412 of this
251		-	subtitle.
	240	+	2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 1
	241	+	ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR 2
	242	+	SPECIAL EXPERTISE REGARDING THE STUDENT ; AND 3
252	243
253		-	(6) “Public agency” means the State Department of Education, a local
254		-	school system, the Juvenile Services Education Program, or any State agency responsible
255		-	for providing education to students with disabilities, including the Maryland School for the
256		-	Blind and the Maryland School for the Deaf.
	244	+	3. WRITTEN INFORMATION A BOUT THE ACCESS TO 4
	245	+	ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 5
	246	+	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 6
257	247
258		-	(b) (1) The parent of a child with a disability or a public agency may formally
259		-	request mediation at any time to resolve any disagreement between the parties regarding
260		-	the child’s special education services or program.
	248	+	(ii) Subject to subparagraph (i) of this paragraph, an assessment, 7
	249	+	report, data chart, or other document prepared by a school psychologist or other medical 8
	250	+	professional that either team plans to discuss at the meeting may be provided to the parents 9
	251	+	of the child orally and in writing prior to the meeting. 10
261	252
262		-	(2) If a parent files a due process complaint against a public agency
263		-	concerning the identification, evaluation, or educational placement of a student or the
264		-	provision of a free appropriate public education, any party shall be given the opportunity
265		-	to request mediation of those aspects of the decision subject to dispute.
	253	+	(iii) The parents of a child may notify appropriate school personnel 11
	254	+	that they do not want to receive the documents required to be provided under subparagraph 12
	255	+	(i) of this paragraph. 13
266	256
267		-	(3) The request for mediation may not be used to deny or delay the parent’s
268		-	rights under federal law or this section.
	257	+	(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 14
	258	+	school personnel are not required to comply with paragraph (1) of this subsection in the 15
	259	+	event of an extenuating circumstance. 16
269	260
270		-	(4) Any party to the mediation has the right to be accompanied and advised
271		-	by counsel.
	261	+	(ii) In the event of an extenuating circumstance, appropriate school 17
	262	+	personnel who fail to comply with paragraph (1) of this subsection shall document the 18
	263	+	extenuating circumstance and communicate that information to the parents of the child. 19
272	264
273		-	(5) Mediation shall be conducted in accordance with departmental
274		-	regulations.
	265	+	8–413. 20
275	266
276		-	(6) A mediation agreement shall be in writing and is enforceable in a court
277		-	of competent jurisdiction in accordance with federal law.
	267	+	(a) (1) In this section the following words have the meanings indicated. 21
278	268
279		-	(7) The Department shall make a staff member available to assist a parent
280		-	in understanding the mediation process.
	269	+	(5) “Parent” means: 22
281	270
282		-	(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A
283		-	PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR
284		-	SPECIAL EDUCATION PROGRAM ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE.
285		-	WES MOORE, Governor Ch. 171
	271	+	(i) A child’s natural or adoptive parents, a guardian, or a person 23
	272	+	acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 24
286	273
287		-	~~– 7 –~~
288		-	~~(c) (1) Before conducting a due process hearing in accordance with subsection~~
289		-	~~(d) of this section,~~ the ~~public agency shall provide the parent with [an]:~~
	274	+	(ii) A foster parent with whom a child lives if the foster parent has 25
	275	+	been granted limited guardianship for educational decision making purposes by the court 26
	276	+	that placed the child in foster care; 27
290	277
291		-	(I) ~~AN opportunity to resolve~~ the ~~due process complaint at a~~
292		-	~~resolution session in accordance with federal law~~; ~~AND~~
	278	+	(iii) Another individual who is legally responsible for the child’s 28
	279	+	welfare; or 29
293	280
294		-	(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS,
295		-	ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
296		-	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE.
	281	+	(iv) A parent surrogate appointed in accordance with § 8–412 of this 30
	282	+	subtitle. 31
297	283
298		-	(2) A ~~resolution session agreement shall be in writing and enforceable in a~~
299		-	~~court of competent jurisdiction in accordance with federal law.~~
	284	+	(6) “Public agency” means the State Department of Education, a local 32
	285	+	school system, the Juvenile Services Education Program, or any State agency responsible 33 HOUSE BILL 903 7
300	286
301		-	(3) A written resolution agreement may be voided by the parties within 3
302		-	business days of execution in accordance with federal law.
303	287
304		-	(l) (1) The court may award reasonable attorney’s fees and related costs,
305		-	including expert witness fees and costs, to the parent of a child with a disability who is a
306		-	prevailing party in accordance with this subsection.
	288	+	for providing education to students with disabilities, including the Maryland School for the 1
	289	+	Blind and the Maryland School for the Deaf. 2
307	290
308		-	(2) ~~Subject to paragraph (3)~~ of ~~this subsection,~~ ~~attorney’s fees~~ may ~~not be~~
309		-	~~awarded and related costs may not be reimbursed for services performed after~~ the ~~date a~~
310		-	~~written offer of settlement is made to a parent if:~~
	291	+	(b) (1) The parent of a child with a disability or a public agency may formally 3
	292	+	request mediation at any time to resolve any disagreement between the parties regarding 4
	293	+	the child’s special education services or program. 5
311	294
312		-	(i) The settlement offer is made more than 14 days before the start
313		-	of the proceeding;
	295	+	(2) If a parent files a due process complaint against a public agency 6
	296	+	concerning the identification, evaluation, or educational placement of a student or the 7
	297	+	provision of a free appropriate public education, any party shall be given the opportunity 8
	298	+	to request mediation of those aspects of the decision subject to dispute. 9
314	299
315		-	(ii) The settlement offer is not accepted within 14 days; and
	300	+	(3) The request for mediation may not be used to deny or delay the parent’s 10
	301	+	rights under federal law or this section. 11
316	302
317		-	(~~iii~~) The ~~court finds that~~ the ~~relief finally obtained by the parent is~~
318		-	~~not more favorable to the parent than the settlement offer~~.
	303	+	(4) Any party to the mediation has the right to be accompanied and advised 12
	304	+	by counsel. 13
319	305
320		-	(3) An award of attorney’s fees and related costs, including expert witness
321		-	fees and costs, may be made to a parent who is the prevailing party and who was
322		-	substantially justified in rejecting a settlement offer.
	306	+	(5) Mediation shall be conducted in accordance with departmental 14
	307	+	regulations. 15
323	308
324		-	(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING
325		-	INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION
326		-	PROCEEDING , AND DUE PROCESS PROC EEDING:
	309	+	(6) A mediation agreement shall be in writing and is enforceable in a court 16
	310	+	of competent jurisdiction in accordance with federal law. 17
327	311
328		-	(I) THE NATURE OF THE DIS PUTE; AND
	312	+	(7) The Department shall make a staff member available to assist a parent 18
	313	+	in understanding the mediation process. 19
329	314
330		-	(II) THE STUDENT’S:
	315	+	(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 20
	316	+	PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 21
	317	+	SPECIAL EDUCATION PROGRAM ESTA BLISHED UNDER § 8–413.1 OF THIS SUBTITLE. 22
331	318
332		-	1. GRADE LEVEL; Ch. 171 2024 LAWS OF MARYLAND
	319	+	(c) (1) Before conducting a due process hearing in accordance with subsection 23
	320	+	(d) of this section, the public agency shall provide the parent with [an]: 24
333	321
334		-	– 8 –
	322	+	(I) AN opportunity to resolve the due process complaint at a 25
	323	+	resolution session in accordance with federal law; AND 26
335	324
336		-	2. SPECIAL EDUCATION PLA CEMENT;
	325	+	(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 27
	326	+	ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 28
	327	+	ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE. 29
337	328
338		-	3. DISABILITY CATEGORY ;
	329	+	(2) A resolution session agreement shall be in writing and enforceable in a 30
	330	+	court of competent jurisdiction in accordance with federal law. 31
339	331
340		-	4. RACE;
	332	+	(3) A written resolution agreement may be voided by the parties within 3 32
	333	+	business days of execution in accordance with federal law. 33 8 HOUSE BILL 903
341	334
342		-	5. ETHNICITY;
343	335
344		-	6. GENDER;
345	336
346		-	7. ENGLISH LEARNER STATU S; AND
	337	+	(l) (1) The court may award reasonable attorney’s fees and related costs, 1
	338	+	including expert witness fees and costs, to the parent of a child with a disability who is a 2
	339	+	prevailing party in accordance with this subsection. 3
347	340
348		-	8. FREE AND REDUCED PRIC E MEALS STATUS .
	341	+	(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 4
	342	+	awarded and related costs may not be reimbursed for services performed after the date a 5
	343	+	written offer of settlement is made to a parent if: 6
349	344
350		-	(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION
351		-	COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE
352		-	NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY,
353		-	IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
	345	+	(i) The settlement offer is made more than 14 days before the start 7
	346	+	of the proceeding; 8
354	347
355		-	~~8–413.1.~~
	348	+	(ii) The settlement offer is not accepted within 14 days; and 9
356	349
357		-	(A) ~~(1) IN THIS SECTION~~ THE ~~F OLLOWING WORDS HAVE~~ THE ~~MEANINGS~~
358		-	~~INDICATED~~.
	350	+	(iii) The court finds that the relief finally obtained by the parent is 10
	351	+	not more favorable to the parent than the settlement offer. 11
359	352
360		-	(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO , FOR
361		-	COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED
362		-	EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS
363		-	PROCEEDINGS TO :
	353	+	(3) An award of attorney’s fees and related costs, including expert witness 12
	354	+	fees and costs, may be made to a parent who is the prevailing party and who was 13
	355	+	substantially justified in rejecting a settlement offer. 14
364	356
365		-	1. A STUDENT WITH A DISAB ILITY; OR
	357	+	(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWIN G 15
	358	+	INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 16
	359	+	PROCEEDING , AND DUE PROCESS PROC EEDING: 17
366	360
367		-	2. THE PARENT OR GUARDIA N OF A STUDENT WITH A
368		-	DISABILITY.
	361	+	(I) THE NATURE OF THE DIS PUTE; AND 18
369	362
370		-	(II) ~~“ADVOCATE” DOES NOT INCLUDE~~ :
	363	+	(II) THE STUDENT’S: 19
371	364
372		-	1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO
373		-	REPRESENT A STUDENT WITH A DISABILITY; OR
	365	+	1. GRADE LEVEL; 20
374	366
375		-	2. ~~A CONSULTANT .~~
	367	+	2. SPECIAL EDUCATION PLA CEMENT; 21
376	368
377		-	(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR
378		-	CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR WES MOORE, Governor Ch. 171
	369	+	3. DISABILITY CATEGORY ; 22
379	370
380		-	– 9 –
381		-	RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW
382		-	TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL
383		-	AND STATE LAW.
	371	+	4. RACE; 23
384	372
385		-	(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A
386		-	DISABILITY WHOSE PAR ENT HAS:
	373	+	5. ETHNICITY; 24
387	374
388		-	(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE
389		-	MARYLAND LEGAL SERVICES CORPORATION INCOME GUIDELINES USED BY THE
390		-	MARYLAND VOLUNTEER LAWYERS SERVICE; AND
	375	+	6. GENDER; 25
391	376
392		-	(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A
393		-	DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL
394		-	EDUCATION SERVICES O R PROGRAM.
	377	+	7. ENGLISH LEARNER STATU S; AND 26
395	378
396		-	~~(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS,~~ ~~ADVOCATES,~~
397		-	~~AND CONSULTANTS FOR SPECIAL EDUCATION FUND.~~
	379	+	8. FREE AND REDUCED PRIC E MEALS STATUS . 27
	380	+	HOUSE BILL 903 9
398	381
399		-	(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME
400		-	MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES
401		-	EDUCATION ACT.
402	382
403		-	(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS
404		-	SUBTITLE.
	383	+	(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 1
	384	+	COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION AND, ON OR BEFORE 2
	385	+	NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 3
	386	+	IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 4
405	387
406		-	(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS,
407		-	ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
	388	+	8–413.1. 5
408	389
409		-	(8) (9) ~~“PUBLIC AGENCY”~~ ~~HAS~~ THE ~~MEANING STAT ED IN § 8–413 OF~~
410		-	~~THIS SUBTITLE~~.
	390	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
	391	+	INDICATED. 7
411	392
412		-	(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
413		-	CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
	393	+	(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL W HO, FOR 8
	394	+	COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED 9
	395	+	EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS 10
	396	+	PROCEEDINGS TO : 11
414	397
415		-	(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND
416		-	SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND
417		-	CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION.
	398	+	1. A STUDENT WITH A DISAB ILITY; OR 12
418	399
419		-	(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE
420		-	MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
421		-	VOLUNTEER LAWYERS SERVICE.
	400	+	2. THE PARENT OR GUARDIA N OF A STUDENT WITH A 13
	401	+	DISABILITY. 14
422	402
423		-	(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
424		-	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: Ch. 171 2024 LAWS OF MARYLAND
	403	+	(II) “ADVOCATE” DOES NOT INCLUDE : 15
425	404
426		-	– 10 –
	405	+	1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO 16
	406	+	REPRESENT A STUDENT WITH A DISABILITY; OR 17
427	407
428		-	1. ~~ADVERTISE THE PROGRAM;~~
	408	+	2. A CONSULTANT . 18
429	409
430		-	2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND
431		-	CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE
432		-	PROVIDED TO ELIGIBLE STUDENTS;
	410	+	(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 19
	411	+	CERTIFICATION IN A FIELD THAT IS DIRECTLY RELATED TO S PECIAL EDUCATION OR 20
	412	+	RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW 21
	413	+	TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 22
	414	+	AND STATE LAW. 23
433	415
434		-	3~~. COMPILE AND MAINTAIN~~ A ~~REFERRAL LIST OF~~
435		-	~~QUALIFIED ATTORNEYS,~~ ~~ADVOCATES, AND CONSULTANTS ;~~
	416	+	(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A 24
	417	+	DISABILITY WHOSE PAR ENT HAS: 25
436	418
437		-	4. DEVELOP SUBJECT TO SUBPARAGRAPH (III) OF THIS
438		-	PARAGRAPH , DEVELOP DEVELOP CRITERIA TO DETERMIN E THE REQUIRED
439		-	QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE
440		-	IN THE PROGRAM;
	419	+	(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE 26
	420	+	MARYLAND LEGAL SERVICES CORPORATION INCOME GUIDELINES USED BY THE 27
	421	+	MARYLAND VOLUNTEER LAWYERS SERVICE; AND 28
441	422
442		-	5. DEVELOP, IN CONSULTATION WITH THE
443		-	DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DIRECTOR S,
444		-	DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY ,
445		-	TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL
446		-	EDUCATION LAW AND PR OCEDURES;
	423	+	(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 29
	424	+	DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 30
	425	+	EDUCATION SERVICES O R PROGRAM. 31
	426	+	10 HOUSE BILL 903
447	427
448		-	6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC
449		-	AGENCIES THE WRITTEN INFORMATIONA L MATERIALS REQUIRED TO BE PROVIDED
450		-	TO PARENTS UNDER § 8–405 OF THIS SUBTITLE;
451	428
452		-	5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE
453		-	NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS
454		-	SECTION;
	429	+	(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 1
	430	+	AND CONSULTANTS FOR SPECIAL EDUCATION FUND. 2
455	431
456		-	6~~. 8.~~ ~~PROVIDE~~ THE ~~REFERRAL~~ ~~LIST TO ELIGIBLE~~
457		-	~~STUDENTS WHO CONTACT~~ THE ~~MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL~~
458		-	~~SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE;~~
	432	+	(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 3
	433	+	MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 4
	434	+	EDUCATION ACT. 5
459	435
460		-	7~~. 9.~~ ~~COMPILE DATA~~ IN ~~ACCOR DANCE WITH SUBSECTIO N~~
461		-	~~(F) OF THIS SECTION; AND~~
	436	+	(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 6
	437	+	SUBTITLE. 7
462	438
463		-	8. 10. STUDY AND EVALUATE:
	439	+	(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, 8
	440	+	ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 9
464	441
465		-	A. THE SERVICES PROVIDED BY THE PROGRAM; AND
	442	+	(8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF 10
	443	+	THIS SUBTITLE. 11
466	444
467		-	B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F
468		-	ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL
469		-	EDUCATION MATTERS . WES MOORE, Governor Ch. 171
	445	+	(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 12
	446	+	CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 13
470	447
471		-	– 11 –
	448	+	(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 14
	449	+	SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 15
	450	+	CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 16
472	451
473		-	(~~III~~) 1. THE ~~MARYLAND VOLUNTEER LAWYERS SERVICE~~
474		-	~~SHALL DEVELOP TRAINI NG CRITERIA TO TRAIN ATTORNEYS,~~ ~~ADVOCATES, AND~~
475		-	~~CONSULTANTS WHO SEEK TO PARTICIPATE IN TH E PROGRAM~~.
	452	+	(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 17
	453	+	MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 18
	454	+	VOLUNTEER LAWYERS SERVICE. 19
476	455
477		-	2. THE TRAINING DEVELOPE D UNDER THIS
478		-	SUBPARAGRAPH SHALL T EACH ATTORNEYS , ADVOCATES, AND CONSULTANTS ABOU T
479		-	ALL RELEVANT ASPECTS OF STATE AND FEDERAL LAW RELATING TO INDIVIDU ALS
480		-	WITH DISABILITIES IN A SCHOOL SETTING .
	456	+	(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 20
	457	+	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: 21
481	458
482		-	3. THE MARYLAND VOLUNTEER LAWYERS SERVICE
483		-	SHALL CONSULT WITH S PECIAL EDUCATION DIR ECTORS, DISABILITY RIGHTS
484		-	ADVOCATES, AND MEMBERS OF THE J UDICIARY IN DEVELOPI NG THE TRAINING.
	459	+	1. ADVERTISE THE PROGRAM; 22
485	460
486		-	4. ~~AN ATTORNEY~~, ~~ADVOCATE~~, ~~OR CONSULTANT MAY NO T~~
487		-	~~PARTICIPATE~~ IN ~~THE PROGRAM UNLESS THE AT TORNEY,~~ ~~ADVOCATE, OR~~
488		-	~~CONSULTANT HAS COMPL ETED THE TRAINING .~~
	461	+	2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND 23
	462	+	CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE 24
	463	+	PROVIDED TO ELIGIBLE STUDENTS; 25
489	464
490		-	(4) (I) THE MARYLAND LEGAL SERVICES CORPORATION
491		-	VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR AUTHO RIZE OTHER NONPROFIT
492		-	ORGANIZATIONS TO PRO VIDE TO ADVOCATES AN D CONSULTANTS THE TR AINING
493		-	DEVELOPED UNDER PARA GRAPH (3)(II)5 OF THIS SUBSECTION .
	465	+	3. COMPILE AND MAINTAIN A REFERRAL LIST OF 26
	466	+	QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 27
494	467
495		-	(II) AN ADVOCATE OR A CONS ULTANT SHALL COMPLET E THE
496		-	TRAINING PROVIDED UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO QUALIFY
497		-	TO PARTICIPATE IN AN D RECEIVE PAYMENT UN DER THE PROGRAM.
	468	+	4. DEVELOP SUBJECT TO SUBPARAGRAPH (III) OF THIS 28
	469	+	PARAGRAPH , DEVELOP DEVELOP CRITERIA TO DETERMIN E THE REQUIRED 29
	470	+	QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 30
	471	+	IN THE PROGRAM; 31
	472	+	HOUSE BILL 903 11
498	473
499		-	(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO
500		-	MEET AT LEAST ONE OF THE FOLLOWING :
501	474
502		-	(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS
503		-	BEING PROPOSED FOR THE ELI GIBLE STUDENT AND TH E PARENT DISAGREES W ITH
504		-	THE PROPOSAL ;
	475	+	5. DEVELOP, IN CONSULTATION WITH THE 1
	476	+	DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DIRECTOR S, 2
	477	+	DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY , 3
	478	+	TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL 4
	479	+	EDUCATION LAW AND PR OCEDURES; 5
505	480
506		-	~~(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS~~
507		-	~~BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND~~ THE ~~PARENT DISAG REES WITH~~
508		-	~~THE PROPOSAL~~ ;
	481	+	6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC 6
	482	+	AGENCIES THE WRITTEN INFORMATIONA L MATERIALS REQUIRED TO BE PROVIDED 7
	483	+	TO PARENTS UNDER § 8–405 OF THIS SUBTITLE; 8
509	484
510		-	(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR
511		-	OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS;
	485	+	5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE 9
	486	+	NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 10
	487	+	SECTION; 11
512	488
513		-	~~(IV)~~ THE ~~SCHOOL HAS REQUES TED A DUE PROCESS HE ARING~~
514		-	~~AGAINST~~ THE ~~ELIGIBLE STUDENT OR PARENT ;~~
515		-	~~Ch.~~ ~~171~~ ~~2024 LAWS OF MARYLAND~~
	489	+	6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE 12
	490	+	STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 13
	491	+	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE; 14
516	492
517		-	– 12 –
518		-	(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR
519		-	PLACED IN SECLUSION MORE THAN 10 TIMES;
	493	+	7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 15
	494	+	(F) OF THIS SECTION; AND 16
520	495
521		-	(VI) THE SCHOOL HAS PROPOS ED TO ENROLL AN ELIG IBLE
522		-	STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES
523		-	WITH THE PROPOSAL ; OR
	496	+	8. 10. STUDY AND EVALUATE: 17
524	497
525		-	(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND
526		-	THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUCATION
527		-	NEEDS OF THE ELIGIBL E STUDENT.
	498	+	A. THE SERVICES PROVIDED BY THE PROGRAM; AND 18
528	499
529		-	(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE
530		-	PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE
531		-	INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR
532		-	DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE.
	500	+	B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F 19
	501	+	ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 20
	502	+	EDUCATION MATTERS . 21
533	503
534		-	(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
535		-	CONSULTANTS FOR SPECIAL EDUCATION FUND.
	504	+	(III) 1. THE MARYLAND VOLUNTEER LAWYERS SERVICE 22
	505	+	SHALL DEVELOP TRAINI NG CRITERIA TO TRAIN ATTORNEYS, ADVOCATES, AND 23
	506	+	CONSULTANTS WHO SEEK TO PARTICIPATE IN TH E PROGRAM. 24
536	507
537		-	(2) THE ~~PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR~~
538		-	~~FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCES TO ACCESS~~
539		-	~~LEGAL ASSISTANCE , ADVOCACY,~~ AND ~~CONSULTATION SER VICES IN SPECIAL~~
540		-	~~EDUCATION MATTERS~~ .
	508	+	2. THE TRAINING DEVELOPE D UNDER THIS 25
	509	+	SUBPARAGRAPH SHALL T EACH ATTORNEYS , ADVOCATES, AND CONSULTANTS ABOU T 26
	510	+	ALL RELEVANT ASPECTS OF STATE AND FEDERAL LAW RELATING TO INDIVIDU ALS 27
	511	+	WITH DISABILITIES IN A SCHOOL SETTING . 28
541	512
542		-	(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT
543		-	SHALL ADMINISTER THE FUND.
	513	+	3. THE MARYLAND VOLUNTEER LAWYERS SERVICE 29
	514	+	SHALL CONSULT WITH S PECIAL EDUCATION DIR ECTORS, DISABILITY RIGHTS 30
	515	+	ADVOCATES, AND MEMBERS OF THE J UDICIARY IN DEVELOPI NG THE TRAINING. 31
	516	+	12 HOUSE BILL 903
544	517
545		-	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
546		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
547	518
548		-	(II) THE STATE TREASURER SHALL HOLD THE FUND
549		-	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
	519	+	4. AN ATTORNEY, ADVOCATE, OR CONSULTANT MAY NO T 1
	520	+	PARTICIPATE IN THE PROGRAM UNLESS THE AT TORNEY, ADVOCATE, OR 2
	521	+	CONSULTANT HAS COMPL ETED THE TRAINING . 3
550	522
551		-	(5) THE FUND CONSISTS OF :
	523	+	(4) (I) THE MARYLAND LEGAL SERVICES CORPORATION 4
	524	+	VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR AUTHO RIZE OTHER NONPROFIT 5
	525	+	ORGANIZATIONS TO PRO VIDE TO ADVOCATES AN D CONSULTANTS THE TR AINING 6
	526	+	DEVELOPED UNDER PARA GRAPH (3)(II)5 OF THIS SUBSECTION . 7
552	527
553		-	(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE
554		-	FUND;
	528	+	(II) AN ADVOCATE OR A CONS ULTANT SHALL COMPLET E THE 8
	529	+	TRAINING PROVIDED UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO QUALIFY 9
	530	+	TO PARTICIPATE IN AN D RECEIVE PAYMENT UN DER THE PROGRAM. 10
555	531
556		-	(II) INTEREST EARNINGS ;
	532	+	(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO 11
	533	+	MEET AT LEAST ONE OF THE FOLLOWING : 12
557	534
558		-	(~~III~~) ~~REIMBURSEMENTS FROM~~ A ~~TTORNEYS, ADVOCATES,~~ ~~AND~~
559		-	~~CONSULTANTS DUE TO R ECOUPMENT OF FEES ;~~ AND
560		-	~~WES MOORE, Governor Ch. 171~~
	535	+	(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 13
	536	+	BEING PROPOSED FOR THE ELI GIBLE STUDENT AND TH E PARENT DISAGREES W ITH 14
	537	+	THE PROPOSAL ; 15
561	538
562		-	~~– 13 –~~
563		-	~~(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED~~
564		-	~~FOR~~ THE ~~BENEFIT OF T HE FUND.~~
	539	+	(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS 16
	540	+	BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 17
	541	+	THE PROPOSAL ; 18
565	542
566		-	(6) THE FUND MAY BE USED ONLY FOR:
	543	+	(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR 19
	544	+	OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS; 20
567	545
568		-	(I) ~~SERVICES PROVIDED TO~~ ~~ELIGIBLE STUDENTS BY~~
569		-	~~ATTORNEYS, ADVOCATES,~~ ~~AND CONSULTANTS~~ ;
	546	+	(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING 21
	547	+	AGAINST THE ELIGIBLE STUDENT OR PARENT ; 22
570	548
571		-	(II) ~~DEVELOPMENT AND DISTR~~ ~~IBUTION OF WRITTEN~~
572		-	~~INFORMATIONAL MATERI AL FOR PARENTS~~ ;
	549	+	(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 23
	550	+	PLACED IN SECLUSION MORE THAN 10 TIMES; 24
573	551
574		-	(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND
	552	+	(VI) THE SCHOOL HAS PROPOS ED TO ENROLL AN ELIG IBLE 25
	553	+	STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 26
	554	+	WITH THE PROPOSAL ; OR 27
575	555
576		-	(~~III~~) ~~(IV) ADMINISTRATIVE EXPENS ES OF~~ THE ~~MARYLAND~~
577		-	~~VOLUNTEER LAWYERS SERVICE DEPARTMENT AND~~ THE ~~MARYLAND LEGAL~~
578		-	~~SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE~~.
	556	+	(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 28
	557	+	THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUCATION 29
	558	+	NEEDS OF THE ELIGIBL E STUDENT. 30
579	559
580		-	(7) ~~(I)~~ THE ~~STATE TREASURER SHALL INVES T THE MONEY OF THE~~
581		-	~~FUND~~ IN THE ~~SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED .~~
	560	+	(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 31
	561	+	PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 32 HOUSE BILL 903 13
582	562
583		-	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
584		-	CREDITED TO THE FUND.
585	563
586		-	~~(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN~~
587		-	~~ACCORDANCE WITH THE STATE BUDGET~~ .
	564	+	INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR 1
	565	+	DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE. 2
588	566
589		-	(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL
590		-	INCLUDE IN THE A NNUAL BUDGET BILL AN APPROPRIATION OF $2,000,000
591		-	$1,000,000 TO THE FUND.
	567	+	(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 3
	568	+	CONSULTANTS FOR SPECIAL EDUCATION FUND. 4
592	569
593		-	(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE
594		-	PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT :
	570	+	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR 5
	571	+	FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCES TO ACCESS 6
	572	+	LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL 7
	573	+	EDUCATION MATTERS . 8
595	574
596		-	1. APPROXIMATELY 25% OF THE ANNUAL
597		-	APPROPRIATION BE USE D FOR PROVIDI NG REPRESENTATION OF ELIGIBLE
598		-	STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND
	575	+	(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT 9
	576	+	SHALL ADMINISTER THE FUND. 10
599	577
600		-	2. APPROXIMATELY 75% OF THE ANNUAL
601		-	APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR
602		-	ADVOCACY OF ELIGIBLE STUDENTS.
	578	+	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 11
	579	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
603	580
604		-	(10) ~~MONEY EXPENDED FROM T HE~~ FUND ~~FOR THE PROGRAM IS~~
605		-	~~SUPPLEMENTAL TO~~ AND ~~IS NOT INTENDED TO T AKE~~ THE ~~PLACE OF FUN DING THAT Ch~~. ~~171 2024 LAWS OF MARYLAND~~
	581	+	(II) THE STATE TREASURER SHALL HOLD THE FUND 13
	582	+	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
606	583
607		-	– 14 –
608		-	OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER
609		-	CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET.
	584	+	(5) THE FUND CONSISTS OF : 15
610	585
611		-	(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE
612		-	SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UNDE R THE
613		-	PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY
614		-	THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
615		-	VOLUNTEER LAWYERS SERVICE.
	586	+	(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 16
	587	+	FUND; 17
616	588
617		-	(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS
618		-	INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER
619		-	LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS
620		-	SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER
621		-	HOUR, TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE PROGRAM.
	589	+	(II) INTEREST EARNINGS ; 18
622	590
623		-	(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE
624		-	MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
625		-	VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE,
626		-	OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT
627		-	DESCRIBED IN PARAGRA PH (3)(II) OF THIS SUBSECTION .
	591	+	(III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND 19
	592	+	CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND 20
628	593
629		-	(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A
630		-	CONSULTANT UNDER THE PROGRAM DO NOT NEE D TO BE REPAID TO TH E PROGRAM
631		-	UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND
632		-	FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT.
	594	+	(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 21
	595	+	FOR THE BENEFIT OF T HE FUND. 22
633	596
634		-	(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME,
635		-	FIRST–SERVED BASIS.
	597	+	(6) THE FUND MAY BE USED ONLY FOR: 23
636	598
637		-	(II) AN ELIGIBLE ~~STUD ENT IS LIMITED TO A LIFETIME MAXIMUM~~
638		-	~~OF $20~~,~~000 OF SERVICES PROVIDED UNDER THE PROGRAM.~~
	599	+	(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 24
	600	+	ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 25
639	601
640		-	(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
641		-	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE
642		-	FOLLOWING DATA ON AN ANNUAL BASIS:
	602	+	(II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN 26
	603	+	INFORMATIONAL MATERI AL FOR PARENTS ; 27
643	604
644		-	(I) TOTAL AMOUNT OF FUNDS DISB URSED FROM THE FUND;
	605	+	(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND 28
	606	+	14 HOUSE BILL 903
645	607
646		-	(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE
647		-	NUMBER OF:
648	608
649		-	1. ELIGIBLE STUDENTS SER VED;
650		-	WES MOORE, Governor Ch. 171
	609	+	(III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 1
	610	+	VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL 2
	611	+	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE. 3
651	612
652		-	~~– 15 –~~
653		-	2. ~~ATTORNEYS WHO PROVIDE D SERVICES;~~
	613	+	(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 4
	614	+	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED . 5
654	615
655		-	3. ADVOCATES WHO PROVIDE D SERVICES; AND
	616	+	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 6
	617	+	CREDITED TO THE FUND. 7
656	618
657		-	4. CONSULTANTS WHO PRO VIDED SERVICES ; AND
	619	+	(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 8
	620	+	ACCORDANCE WITH THE STATE BUDGET . 9
658	621
659		-	(III) THE AMOUNT OF FUNDS D ISBURSED DISAGGREGAT ED BY
660		-	THE TYPE OF SERVICE , INCLUDING:
	622	+	(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL 10
	623	+	INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 11
	624	+	$1,000,000 TO THE FUND. 12
661	625
662		-	~~1. DISPUTE RESOLUTION PR OCEEDINGS,~~ ~~INCLUDING~~
663		-	~~MEDIATION~~, ~~DUE PROCESS HEARINGS , AND COURT PROCEEDING S;~~ ~~AND~~
	626	+	(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 13
	627	+	PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 14
664	628
665		-	2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING
666		-	CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND
	629	+	1. APPROXIMATELY 25% OF THE ANNUAL 15
	630	+	APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 16
	631	+	STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND 17
667	632
668		-	(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND
669		-	DUE TO RECOUPMENT OF FEES.
	633	+	2. APPROXIMATELY 75% OF THE ANNUAL 18
	634	+	APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 19
	635	+	ADVOCACY OF ELIGIBLE STUDENTS. 20
670	636
671		-	(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1
672		-	THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES
673		-	CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION
674		-	COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT
675		-	TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE
676		-	GOVERNMENT ARTICLE.
	637	+	(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 21
	638	+	SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 22
	639	+	OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 23
	640	+	CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 24
677	641
678		-	(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES
679		-	CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES A ND
680		-	PROCEDURES TO CARRY OUT THIS SECTION .
	642	+	(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 25
	643	+	SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UN DER THE 26
	644	+	PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 27
	645	+	THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 28
	646	+	VOLUNTEER LAWYERS SERVICE. 29
681	647
682		-	Article – State Finance and Procurement
	648	+	(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 30
	649	+	INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 31
	650	+	LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS 32
	651	+	SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER 33
	652	+	HOUR, TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE PROGRAM. 34 HOUSE BILL 903 15
683	653
684		-	6–226.
685	654
686		-	(a) (2) (i) Notwithstanding any other provision of law, and unless
687		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the
688		-	terms of a gift or settlement agreement, net interest on all State money allocated by the
689		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to
690		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
691		-	Fund of the State.
692	655
693		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply
694		-	to the following funds:
	656	+	(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 1
	657	+	MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 2
	658	+	VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE, 3
	659	+	OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT 4
	660	+	DESCRIBED IN PARAGRAPH (3)(II) OF THIS SUBSECTION . 5
695	661
696		-	189. the Teacher Retention and Development Fund; [and]
697		-	Ch. 171 2024 LAWS OF MARYLAND
	662	+	(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 6
	663	+	CONSULTANT UNDER THE PROGRAM DO NOT NEED T O BE REPAID TO THE PROGRAM 7
	664	+	UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND 8
	665	+	FEES HAVE BEEN AWARDED TO THE ELIGI BLE STUDENT. 9
698	666
699		-	– ~~16 –~~
700		-	~~190~~. ~~the Protecting Against Hate Crimes Grant Fund; AND~~
	667	+	(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 10
	668	+	FIRST–SERVED BASIS. 11
701	669
702		-	~~191. THE ACCESS~~ TO ~~ATTORNEYS, ADVOCATES,~~ ~~AND~~
703		-	~~CONSULTANTS FOR SPECIAL EDUCATION FUND~~.
	670	+	(II) AN ELIGIBLE STUDENT I S LIMITED TO A LIFET IME MAXIMUM 12
	671	+	OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 13
704	672
705		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
706		-	October July 1, 2024.
	673	+	(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 14
	674	+	SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE 15
	675	+	FOLLOWING DATA ON AN ANNUAL BASIS: 16
707	676
708		-	Approved by the Governor, April 25, 2024.
	677	+	(I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND; 17
	678	+
	679	+	(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE 18
	680	+	NUMBER OF: 19
	681	+
	682	+	1. ELIGIBLE STUDENTS SER VED; 20
	683	+
	684	+	2. ATTORNEYS WHO PROVIDE D SERVICES; 21
	685	+
	686	+	3. ADVOCATES WHO PROVIDE D SERVICES; AND 22
	687	+
	688	+	4. CONSULTANTS WHO PROVI DED SERVICES; AND 23
	689	+
	690	+	(III) THE AMOUNT OF FUNDS D ISBURSED DISAGGREGAT ED BY 24
	691	+	THE TYPE OF SERVICE , INCLUDING: 25
	692	+
	693	+	1. DISPUTE RESOLUTION PR OCEEDINGS, INCLUDING 26
	694	+	MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND 27
	695	+
	696	+	2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING 28
	697	+	CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND 29
	698	+	16 HOUSE BILL 903
	699	+
	700	+
	701	+	(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND 1
	702	+	DUE TO RECOUPMENT OF FEES. 2
	703	+
	704	+	(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 3
	705	+	THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES 4
	706	+	CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION 5
	707	+	COLLECTED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT 6
	708	+	TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 7
	709	+	GOVERNMENT ARTICLE. 8
	710	+
	711	+	(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES 9
	712	+	CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES AND 10
	713	+	PROCEDURES TO CARRY OUT THIS SECTION . 11
	714	+
	715	+	Article – State Finance and Procurement 12
	716	+
	717	+	6–226. 13
	718	+
	719	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 14
	720	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 15
	721	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 16
	722	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 17
	723	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 18
	724	+	Fund of the State. 19
	725	+
	726	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 20
	727	+	to the following funds: 21
	728	+
	729	+	189. the Teacher Retention and Development Fund; [and] 22
	730	+
	731	+	190. the Protecting Against Hate Crimes Grant Fund; AND 23
	732	+
	733	+	191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 24
	734	+	CONSULTANTS FOR SPECIAL EDUCATION FUND. 25
	735	+
	736	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	737	+	October July 1, 2024. 27