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Chapter 171
(House Bill 903)
AN ACT concerning
Education – Access to Attorneys, Advocates, and Consultants for Special
Education Program and Fund – Established
FOR the purpose of requiring certain information to be provided to the parents of a child
with a disability under certain circumstances; requiring certain public agencies to
compile, collect, and report certain information; establishing the Access to Attorneys,
Advocates, and Consultants for Special Education Program; establishing the Access
to Attorneys, Advocates, and Consultants for Special Education Fund; requiring
interest earnings of the Fund to be credited to the Fund; and generally relating to
the Access to Attorneys, Advocates, and Consultants for Special Education Program
and Fund.
BY repealing and reenacting, with amendments,
Article – Education
Section 8–405(b) and (e) and 8–413(b) and (c)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 8–413(a)(1), (5), and (6) and (l)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Education
Section 8–413(m) and 8–413.1
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)189. and 190.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement) Ch. 171 2024 LAWS OF MARYLAND
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BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)191.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
8–405.
(b) (1) When a team of qualified professionals and the parents meet for the
purpose of discussing the identification, evaluation, educational program, or the provision
of a free appropriate public education of a child with a disability:
(i) The parents of the child shall be afforded the opportunity to
participate and shall be provided reasonable notice in advance of the meeting; and
(ii) Reasonable notice shall be at least 10 calendar days in advance
of the meeting, unless an expedited meeting is being conducted to:
1. Address disciplinary issues;
2. Determine the placement of the child with a disability not
currently receiving educational services; or
3. Meet other urgent needs of a child with a disability to
ensure the provision of a free appropriate public education.
(2) (i) 1. At the initial evaluation meeting, the parents of the child
shall be provided:
A. In plain language, an oral and written explanation of the
parents’ rights and responsibilities in the individualized education program process and a
program procedural safeguards notice;
B. Written information that the parents may use to contact
early intervention and special education family support services staff members within the
local school system and a brief description of the services provided by the staff members;
[and]
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C. Written information on the Special Education
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the
State Government Article; AND
D. WRITTEN INFORMATION A BOUT THE ACCESS TO
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
2. If a parent’s native language is not English, the
information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be
provided to the parent in the parent’s native language.
(ii) The parents may request the information provided under
subparagraph (i) of this paragraph at any subsequent meeting.
(iii) If a child who has an ind ividualized education program
developed in another school system moves into a different local school system, that local
school system shall provide the information required under subparagraph (i)1B [and], C,
AND D of this paragraph at the time of the first written communication with the parents
regarding the child’s individualized education program or special education services.
(iv) A local school system shall publish information that a parent
may use to contact early intervention and special education family support services staff
members within the local school system and a brief description of the services provided by
the staff members in a prominent place on the section of its website relating to special
education services.
(3) Failure to provide the information required under paragraph (2)(i)1B
[and], C, AND D of this subsection does not constitute grounds for a due process complaint
under § 8–413 of this subtitle.
(4) (i) A parent may request an independent educational evaluation at
public expense in accordance with regulations adopted by the Department if:
1. The parent disagrees with the educational evaluation of
the student that was conducted by the local school system; or
2. The parent submits to the local school system a written
request for an educational evaluation conducted by the local school system and the local
school system:
A. Does not respond to the request within 30 days as required
under subparagraph (ii) of this paragraph; or
B. Approves the request but the educational evaluation
meeting does not occur, through no fault of the parent, within: Ch. 171 2024 LAWS OF MARYLAND
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I. 60 days after the date on which the request was received
by the local school system; or
II. If the State is under a state of emergency proclaimed by
the Governor, 90 days after the date on which the request was received by the local school
system.
(ii) The local school system shall provide a written response
approving or denying a request within 30 days of the date the request was made.
(iii) If the local school system approves a request, the written
response shall advise the parent of the process for arranging the evaluation at public
expense.
(iv) If the local school system denies a request, the local school system
shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date
of the denial.
(5) (i) If, during an individualized education program team meeting, a
parent disagrees with the child’s individualized education program or the special education
services provided to the child, the individualized education program team shall provide the
parent with, in plain language:
1. An oral and a written explanation of the parent’s right to
request mediation in accordance with § 8–413 of this subtitle;
2. Contact information, including a telephone number that a
parent may use to receive more information about the mediation process; [and]
3. Information regarding pro bono representation and other
free or low–cost legal and related services available in the area; AND
4. WRITTEN INFORMATION A BOUT THE ACCESS TO
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
(ii) A parent may request the information provided under
subparagraph (i) of this paragraph at any individualized education program team meeting.
(6) (i) If the native language spoken by a parent who requests
information under paragraph (5) of this subsection is spoken by more than 1% of the
student population in the local school system, the parent may request that the information
be translated into the parent’s native language.
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(ii) If a parent makes a request under subparagraph (i) of this
paragraph, the individualized education program team shall provide the parent with the
translated document within 30 days after the date of the request.
(e) (1) (i) Except as provided in paragraph (2) of this subsection, and
subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a
scheduled meeting of the individualized education program team or other multidisciplinary
education team for any purpose for a child with a disability, appropriate school personnel
shall provide the parents of the child with [an]:
1. AN accessible copy of each assessment, report, data chart,
draft individualized education program, or other document that either team plans to
discuss at the meeting;
2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE
ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR
SPECIAL EXPERTISE REGARDING THE STUDENT ; AND
3. WRITTEN INFORMATION A BOUT THE ACCESS TO
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
(ii) Subject to subparagraph (i) of this paragraph, an assessment,
report, data chart, or other document prepared by a school psychologist or other medical
professional that either team plans to discuss at the meeting may be provided to the parents
of the child orally and in writing prior to the meeting.
(iii) The parents of a child may notify appropriate school personnel
that they do not want to receive the documents required to be provided under subparagraph
(i) of this paragraph.
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate
school personnel are not required to comply with paragraph (1) of this subsection in the
event of an extenuating circumstance.
(ii) In the event of an extenuating circumstance, appropriate school
personnel who fail to comply with paragraph (1) of this subsection shall document the
extenuating circumstance and communicate that information to the parents of the child.
8–413.
(a) (1) In this section the following words have the meanings indicated.
(5) “Parent” means:
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(i) A child’s natural or adoptive parents, a guardian, or a person
acting as a parent of a child, such as a relative or a stepparent with whom the child lives;
(ii) A foster parent with whom a child lives if the foster parent has
been granted limited guardianship for educational decision making purposes by the court
that placed the child in foster care;
(iii) Another individual who is legally responsible for the child’s
welfare; or
(iv) A parent surrogate appointed in accordance with § 8–412 of this
subtitle.
(6) “Public agency” means the State Department of Education, a local
school system, the Juvenile Services Education Program, or any State agency responsible
for providing education to students with disabilities, including the Maryland School for the
Blind and the Maryland School for the Deaf.
(b) (1) The parent of a child with a disability or a public agency may formally
request mediation at any time to resolve any disagreement between the parties regarding
the child’s special education services or program.
(2) If a parent files a due process complaint against a public agency
concerning the identification, evaluation, or educational placement of a student or the
provision of a free appropriate public education, any party shall be given the opportunity
to request mediation of those aspects of the decision subject to dispute.
(3) The request for mediation may not be used to deny or delay the parent’s
rights under federal law or this section.
(4) Any party to the mediation has the right to be accompanied and advised
by counsel.
(5) Mediation shall be conducted in accordance with departmental
regulations.
(6) A mediation agreement shall be in writing and is enforceable in a court
of competent jurisdiction in accordance with federal law.
(7) The Department shall make a staff member available to assist a parent
in understanding the mediation process.
(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A
PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR
SPECIAL EDUCATION PROGRAM ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE.
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(c) (1) Before conducting a due process hearing in accordance with subsection
(d) of this section, the public agency shall provide the parent with [an]:
(I) AN opportunity to resolve the due process complaint at a
resolution session in accordance with federal law; AND
(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS,
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE.
(2) A resolution session agreement shall be in writing and enforceable in a
court of competent jurisdiction in accordance with federal law.
(3) A written resolution agreement may be voided by the parties within 3
business days of execution in accordance with federal law.
(l) (1) The court may award reasonable attorney’s fees and related costs,
including expert witness fees and costs, to the parent of a child with a disability who is a
prevailing party in accordance with this subsection.
(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be
awarded and related costs may not be reimbursed for services performed after the date a
written offer of settlement is made to a parent if:
(i) The settlement offer is made more than 14 days before the start
of the proceeding;
(ii) The settlement offer is not accepted within 14 days; and
(iii) The court finds that the relief finally obtained by the parent is
not more favorable to the parent than the settlement offer.
(3) An award of attorney’s fees and related costs, including expert witness
fees and costs, may be made to a parent who is the prevailing party and who was
substantially justified in rejecting a settlement offer.
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING
INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION
PROCEEDING , AND DUE PROCESS PROC EEDING:
(I) THE NATURE OF THE DIS PUTE; AND
(II) THE STUDENT’S:
1. GRADE LEVEL; Ch. 171 2024 LAWS OF MARYLAND
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2. SPECIAL EDUCATION PLA CEMENT;
3. DISABILITY CATEGORY ;
4. RACE;
5. ETHNICITY;
6. GENDER;
7. ENGLISH LEARNER STATU S; AND
8. FREE AND REDUCED PRIC E MEALS STATUS .
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY,
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
8–413.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO , FOR
COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED
EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS
PROCEEDINGS TO :
1. A STUDENT WITH A DISAB ILITY; OR
2. THE PARENT OR GUARDIA N OF A STUDENT WITH A
DISABILITY.
(II) “ADVOCATE” DOES NOT INCLUDE :
1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO
REPRESENT A STUDENT WITH A DISABILITY; OR
2. A CONSULTANT .
(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR
CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR WES MOORE, Governor Ch. 171
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RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW
TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL
AND STATE LAW.
(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A
DISABILITY WHOSE PAR ENT HAS:
(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE
MARYLAND LEGAL SERVICES CORPORATION INCOME GUIDELINES USED BY THE
MARYLAND VOLUNTEER LAWYERS SERVICE; AND
(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A
DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL
EDUCATION SERVICES O R PROGRAM.
(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES,
AND CONSULTANTS FOR SPECIAL EDUCATION FUND.
(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME
MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS
SUBTITLE.
(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS,
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
(8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF
THIS SUBTITLE.
(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND
SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND
CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION.
(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
VOLUNTEER LAWYERS SERVICE.
(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: Ch. 171 2024 LAWS OF MARYLAND
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1. ADVERTISE THE PROGRAM;
2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND
CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE
PROVIDED TO ELIGIBLE STUDENTS;
3. COMPILE AND MAINTAIN A REFERRAL LIST OF
QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ;
4. DEVELOP SUBJECT TO SUBPARAGRAPH (III) OF THIS
PARAGRAPH , DEVELOP DEVELOP CRITERIA TO DETERMIN E THE REQUIRED
QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE
IN THE PROGRAM;
5. DEVELOP, IN CONSULTATION WITH THE
DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DIRECTOR S,
DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY ,
TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL
EDUCATION LAW AND PR OCEDURES;
6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC
AGENCIES THE WRITTEN INFORMATIONA L MATERIALS REQUIRED TO BE PROVIDED
TO PARENTS UNDER § 8–405 OF THIS SUBTITLE;
5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE
NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS
SECTION;
6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE
STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE;
7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N
(F) OF THIS SECTION; AND
8. 10. STUDY AND EVALUATE:
A. THE SERVICES PROVIDED BY THE PROGRAM; AND
B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F
ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL
EDUCATION MATTERS . WES MOORE, Governor Ch. 171
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(III) 1. THE MARYLAND VOLUNTEER LAWYERS SERVICE
SHALL DEVELOP TRAINI NG CRITERIA TO TRAIN ATTORNEYS, ADVOCATES, AND
CONSULTANTS WHO SEEK TO PARTICIPATE IN TH E PROGRAM.
2. THE TRAINING DEVELOPE D UNDER THIS
SUBPARAGRAPH SHALL T EACH ATTORNEYS , ADVOCATES, AND CONSULTANTS ABOU T
ALL RELEVANT ASPECTS OF STATE AND FEDERAL LAW RELATING TO INDIVIDU ALS
WITH DISABILITIES IN A SCHOOL SETTING .
3. THE MARYLAND VOLUNTEER LAWYERS SERVICE
SHALL CONSULT WITH S PECIAL EDUCATION DIR ECTORS, DISABILITY RIGHTS
ADVOCATES, AND MEMBERS OF THE J UDICIARY IN DEVELOPI NG THE TRAINING.
4. AN ATTORNEY, ADVOCATE, OR CONSULTANT MAY NO T
PARTICIPATE IN THE PROGRAM UNLESS THE AT TORNEY, ADVOCATE, OR
CONSULTANT HAS COMPL ETED THE TRAINING .
(4) (I) THE MARYLAND LEGAL SERVICES CORPORATION
VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR AUTHO RIZE OTHER NONPROFIT
ORGANIZATIONS TO PRO VIDE TO ADVOCATES AN D CONSULTANTS THE TR AINING
DEVELOPED UNDER PARA GRAPH (3)(II)5 OF THIS SUBSECTION .
(II) AN ADVOCATE OR A CONS ULTANT SHALL COMPLET E THE
TRAINING PROVIDED UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO QUALIFY
TO PARTICIPATE IN AN D RECEIVE PAYMENT UN DER THE PROGRAM.
(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO
MEET AT LEAST ONE OF THE FOLLOWING :
(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS
BEING PROPOSED FOR THE ELI GIBLE STUDENT AND TH E PARENT DISAGREES W ITH
THE PROPOSAL ;
(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH
THE PROPOSAL ;
(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR
OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS;
(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING
AGAINST THE ELIGIBLE STUDENT OR PARENT ;
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(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR
PLACED IN SECLUSION MORE THAN 10 TIMES;
(VI) THE SCHOOL HAS PROPOS ED TO ENROLL AN ELIG IBLE
STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES
WITH THE PROPOSAL ; OR
(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND
THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUCATION
NEEDS OF THE ELIGIBL E STUDENT.
(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE
PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE
INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR
DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE.
(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
CONSULTANTS FOR SPECIAL EDUCATION FUND.
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR
FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCES TO ACCESS
LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL
EDUCATION MATTERS .
(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT
SHALL ADMINISTER THE FUND.
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(II) THE STATE TREASURER SHALL HOLD THE FUND
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(5) THE FUND CONSISTS OF :
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE
FUND;
(II) INTEREST EARNINGS ;
(III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND
CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND
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(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
FOR THE BENEFIT OF T HE FUND.
(6) THE FUND MAY BE USED ONLY FOR:
(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY
ATTORNEYS, ADVOCATES, AND CONSULTANTS ;
(II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN
INFORMATIONAL MATERI AL FOR PARENTS ;
(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND
(III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND
VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE.
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED .
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
CREDITED TO THE FUND.
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN
ACCORDANCE WITH THE STATE BUDGET .
(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL
INCLUDE IN THE A NNUAL BUDGET BILL AN APPROPRIATION OF $2,000,000
$1,000,000 TO THE FUND.
(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE
PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT :
1. APPROXIMATELY 25% OF THE ANNUAL
APPROPRIATION BE USE D FOR PROVIDI NG REPRESENTATION OF ELIGIBLE
STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND
2. APPROXIMATELY 75% OF THE ANNUAL
APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR
ADVOCACY OF ELIGIBLE STUDENTS.
(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT Ch. 171 2024 LAWS OF MARYLAND
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OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER
CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET.
(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE
SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UNDE R THE
PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY
THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
VOLUNTEER LAWYERS SERVICE.
(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS
INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER
LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS
SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER
HOUR, TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE PROGRAM.
(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE,
OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT
DESCRIBED IN PARAGRA PH (3)(II) OF THIS SUBSECTION .
(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A
CONSULTANT UNDER THE PROGRAM DO NOT NEE D TO BE REPAID TO TH E PROGRAM
UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND
FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT.
(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME,
FIRST–SERVED BASIS.
(II) AN ELIGIBLE STUD ENT IS LIMITED TO A LIFETIME MAXIMUM
OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM.
(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE
FOLLOWING DATA ON AN ANNUAL BASIS:
(I) TOTAL AMOUNT OF FUNDS DISB URSED FROM THE FUND;
(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE
NUMBER OF:
1. ELIGIBLE STUDENTS SER VED;
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2. ATTORNEYS WHO PROVIDE D SERVICES;
3. ADVOCATES WHO PROVIDE D SERVICES; AND
4. CONSULTANTS WHO PRO VIDED SERVICES ; AND
(III) THE AMOUNT OF FUNDS D ISBURSED DISAGGREGAT ED BY
THE TYPE OF SERVICE , INCLUDING:
1. DISPUTE RESOLUTION PR OCEEDINGS, INCLUDING
MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND
2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING
CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND
(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND
DUE TO RECOUPMENT OF FEES.
(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1
THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES
CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT
TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE.
(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES
CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES A ND
PROCEDURES TO CARRY OUT THIS SECTION .
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
189. the Teacher Retention and Development Fund; [and]
Ch. 171 2024 LAWS OF MARYLAND
– 16 –
190. the Protecting Against Hate Crimes Grant Fund; AND
191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND
CONSULTANTS FOR SPECIAL EDUCATION FUND.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2024.
Approved by the Governor, April 25, 2024.