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.
*sb0797*
SENATE BILL 797
F1, O3 4lr2758
CF HB 903
By: Senator Hester Senators Hester, Augustine, Brooks, Feldman, Kagan,
Simonaire, M. Washington, Watson, and Lewis Young
Introduced and read first time: February 1, 2024
Assigned to: Education, Energy, and the Environment and Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 26, 2024
CHAPTER ______
AN ACT concerning 1
Education – Access to Attorneys, Advocates, and Consultants for Special 2
Education Program and Fund – Established 3
FOR the purpose of requiring certain information about the Access to Attorneys, Advocates, 4
and Consultants for Special Education Program to be provided to the parents of a 5
child with a disability under certain circumstances; requiring certain public agencies 6
to compile, collect, and report certain information; establishing the Access to 7
Attorneys, Advocates, and Consultants for Special Education Program; establishing 8
the Access to Attorneys, Advocates, and Consultants for Special Education Fund; 9
requiring interest earnings of the Fund to be credited to the Fund; and generally 10
relating to the Access to Attorneys, Advocates, and Consultants for Special 11
Education Program and Fund. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 8–405(b) and (e) and 8–413(b) and (c) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 8–413(a)(1), (5), and (6) and (l) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22 2 SENATE BILL 797
BY adding to 1
Article – Education 2
Section 8–413(m) and 8–413.1 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)189. and 190. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)191. 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Education 23
8–405. 24
(b) (1) When a team of qualified professionals and the parents meet for the 25
purpose of discussing the identification, evaluation, educational program, or the provision 26
of a free appropriate public education of a child with a disability: 27
(i) The parents of the child shall be afforded the opportunity to 28
participate and shall be provided reasonable notice in advance of the meeting; and 29
(ii) Reasonable notice shall be at least 10 calendar days in advance 30
of the meeting, unless an expedited meeting is being conducted to: 31
1. Address disciplinary issues; 32
2. Determine the placement of the child with a disability not 33
currently receiving educational services; or 34
SENATE BILL 797 3
3. Meet other urgent needs of a child with a disability to 1
ensure the provision of a free appropriate public education. 2
(2) (i) 1. At the initial evaluation meeting, the parents of the child 3
shall be provided: 4
A. In plain language, an oral and written explanation of the 5
parents’ rights and responsibilities in the individualized education program process and a 6
program procedural safeguards notice; 7
B. Written information that the parents may use to contact 8
early intervention and special education family support services staff members within the 9
local school system and a brief description of the services provided by the staff members; 10
[and] 11
C. Written information on the Special Education 12
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 13
State Government Article; AND 14
D. WRITTEN INFORMATION ABOUT THE ACCESS TO 15
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 16
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 17
2. If a parent’s native language is not English, the 18
information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 19
provided to the parent in the parent’s native language. 20
(ii) The parents may request the information provided under 21
subparagraph (i) of this paragraph at any subsequent meeting. 22
(iii) If a child who has an individualized education p rogram 23
developed in another school system moves into a different local school system, that local 24
school system shall provide the information required under subparagraph (i)1B [and], C, 25
AND D of this paragraph at the time of the first written communication with the parents 26
regarding the child’s individualized education program or special education services. 27
(iv) A local school system shall publish information that a parent 28
may use to contact early intervention and special education family support services staff 29
members within the local school system and a brief description of the services provided by 30
the staff members in a prominent place on the section of its website relating to special 31
education services. 32
(3) Failure to provide the information required under paragraph (2)(i)1B 33
[and], C, AND D of this subsection does not constitute grounds for a due process complaint 34
under § 8–413 of this subtitle. 35
4 SENATE BILL 797
(4) (i) A parent may request an independent educational evaluation at 1
public expense in accordance with regulations adopted by the Department if: 2
1. The parent disagrees with the educational evaluation of 3
the student that was conducted by the local school system; or 4
2. The parent submits to the local school system a written 5
request for an educational evaluation conducted by the local school system and the local 6
school system: 7
A. Does not respond to the request within 30 days as required 8
under subparagraph (ii) of this paragraph; or 9
B. Approves the request but the educational evaluation 10
meeting does not occur, through no fault of the parent, within: 11
I. 60 days after the date on which the request was received 12
by the local school system; or 13
II. If the State is under a state of emergency proclaimed by 14
the Governor, 90 days after the date on which the request was received by the local school 15
system. 16
(ii) The local school system shall provide a written response 17
approving or denying a request within 30 days of the date the request was made. 18
(iii) If the local school system approves a request, the written 19
response shall advise the parent of the process for arranging the evaluation at public 20
expense. 21
(iv) If the local school system denies a request, the local school system 22
shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 23
of the denial. 24
(5) (i) If, during an individualized education program team meeting, a 25
parent disagrees with the child’s individualized education program or the special education 26
services provided to the child, the individualized education program team shall provide the 27
parent with, in plain language: 28
1. An oral and a written explanation of the parent’s right to 29
request mediation in accordance with § 8–413 of this subtitle; 30
2. Contact information, including a telephone number that a 31
parent may use to receive more information about the mediation process; [and] 32
3. Information regarding pro bono representation and other 33
free or low–cost legal and related services available in the area; AND 34 SENATE BILL 797 5
4. WRITTEN INFORMATION A BOUT THE ACCESS TO 1
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 2
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 3
(ii) A parent may request the information provided under 4
subparagraph (i) of this paragraph at any individualized education program team meeting. 5
(6) (i) If the native language spoken by a parent who requests 6
information under paragraph (5) of this subsection is spoken by more than 1% of the 7
student population in the local school system, the parent may request that the information 8
be translated into the parent’s native language. 9
(ii) If a parent makes a request under subparagraph (i) of this 10
paragraph, the individualized education program team shall provide the parent with the 11
translated document within 30 days after the date of the request. 12
(e) (1) (i) Except as provided in paragraph (2) of this subsection, and 13
subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 14
scheduled meeting of the individualized education program team or other multidisciplinary 15
education team for any purpose for a child with a disability, appropriate school personnel 16
shall provide the parents of the child with [an]: 17
1. AN accessible copy of each assessment, report, data chart, 18
draft individualized education program, or other document that either team plans to 19
discuss at the meeting; 20
2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 21
ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLED GE OR 22
SPECIAL EXPERTISE REGARDING THE STUDENT ; AND 23
3. WRITTEN INFORMATION A BOUT THE ACCESS TO 24
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 25
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 26
(ii) Subject to subparagraph (i) of this paragraph, an assessment, 27
report, data chart, or other document prepared by a school psychologist or other medical 28
professional that either team plans to discuss at the meeting may be provided to the parents 29
of the child orally and in writing prior to the meeting. 30
(iii) The parents of a child may notify appropriate school personnel 31
that they do not want to receive the documents required to be provided under subparagraph 32
(i) of this paragraph. 33
6 SENATE BILL 797
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 1
school personnel are not required to comply with paragraph (1) of this subsection in the 2
event of an extenuating circumstance. 3
(ii) In the event of an extenuating circumstance, appropriate school 4
personnel who fail to comply with paragraph (1) of this subsection shall document the 5
extenuating circumstance and communicate that information to the parents of the child. 6
8–413. 7
(a) (1) In this section the following words have the meanings indicated. 8
(5) “Parent” means: 9
(i) A child’s natural or adoptive parents, a guardian, or a person 10
acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 11
(ii) A foster parent with whom a child lives if the foster parent has 12
been granted limited guardianship for educational decision making purposes by the court 13
that placed the child in foster care; 14
(iii) Another individual who is legally responsible for the child’s 15
welfare; or 16
(iv) A parent surrogate appointed in accordance with § 8–412 of this 17
subtitle. 18
(6) “Public agency” means the State Department of Education, a local 19
school system, the Juvenile Services Education Program, or any State agency responsible 20
for providing education to students with disabilities, including the Maryland School for the 21
Blind and the Maryland School for the Deaf. 22
(b) (1) The parent of a child with a disability or a public agency may formally 23
request mediation at any time to resolve any disagreement between the parties regarding 24
the child’s special education services or program. 25
(2) If a parent files a due process complaint against a public agency 26
concerning the identification, evaluation, or educational placement of a student or the 27
provision of a free appropriate public education, any party shall be given the opportunity 28
to request mediation of those aspects of the decision subject to dispute. 29
(3) The request for mediation may not be used to deny or delay the parent’s 30
rights under federal law or this section. 31
(4) Any party to the mediation has the right to be accompanied and advised 32
by counsel. 33
SENATE BILL 797 7
(5) Mediation shall be conducted in accordance with departmental 1
regulations. 2
(6) A mediation agreement shall be in writing and is enforceable in a court 3
of competent jurisdiction in accordance with federal law. 4
(7) The Department shall make a staff member available to assist a parent 5
in understanding the mediation process. 6
(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 7
PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 8
SPECIAL EDUCATION PROGRAM ESTABLISHED U NDER § 8–413.1 OF THIS SUBTITLE. 9
(c) (1) Before conducting a due process hearing in accordance with subsection 10
(d) of this section, the public agency shall provide the parent with [an]: 11
(I) AN opportunity to resolve the due process complaint at a 12
resolution session in accordance with federal law; AND 13
(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 14
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 15
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 16
(2) A resolution session agreement shall be in writing and enforceable in a 17
court of competent jurisdiction in accordance with federal law. 18
(3) A written resolution agreement may be voided by the parties within 3 19
business days of execution in accordance with federal law. 20
(l) (1) The court may award reasonable attorney’s fees and related costs, 21
including expert witness fees and costs, to the parent of a child with a disability who is a 22
prevailing party in accordance with this subsection. 23
(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 24
awarded and related costs may not be reimbursed for services performed after the date a 25
written offer of settlement is made to a parent if: 26
(i) The settlement offer is made more than 14 days before the start 27
of the proceeding; 28
(ii) The settlement offer is not accepted within 14 days; and 29
(iii) The court finds that the relief finally obtained by the parent is 30
not more favorable to the parent than the settlement offer. 31
8 SENATE BILL 797
(3) An award of attorney’s fees and related costs, including expert witness 1
fees and costs, may be made to a parent who is the prevailing party and who was 2
substantially justified in rejecting a settlement offer. 3
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 4
INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 5
PROCEEDING , AND DUE PROCESS PROC EEDING: 6
(I) THE NATURE OF THE DIS PUTE; AND 7
(II) THE STUDENT’S: 8
1. GRADE LEVEL; 9
2. SPECIAL EDUCATION PLA CEMENT; 10
3. DISABILITY CATEGORY ; 11
4. RACE; 12
5. ETHNICITY; 13
6. GENDER; 14
7. ENGLISH LEARNER STATU S; AND 15
8. FREE AND REDUCED PRIC E MEALS STATUS . 16
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 17
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 18
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 19
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 20
8–413.1. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR 24
COMPENSATION , PROVIDES SUPPORT AND GUIDANCE TO A STUDEN T WITH A 25
DISABILITY AND THE P ARENTS OF A STUDENT WITH A DISABILITY IN OBTAINING 26
SPECIAL EDUCATION SE RVICES IN ACCORDANCE WITH FEDERAL AND STATE LAW 27
FROM A PUBLIC AGENCY . 28
SENATE BILL 797 9
(II) “ADVOCATE” DOES NOT INCLUDE AN ATTORNEY ACTING IN 1
A CAPACITY OF LEGAL COUNSEL TO A STUDENT WITH A DISABILITY IN OBTAINING 2
SPECIAL EDUCATION SE RVICES. 3
(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 4
CERTIFICATION IN A F IELD THAT IS DIRECTLY RELATED TO SPE CIAL EDUCATION OR 5
RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW 6
TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 7
AND STATE LAW. 8
(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A 9
DISABILITY WHOSE PARENT HAS : 10
(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THE 11
MARYLAND LEGAL SERVICES CORPORATION INCOME GU IDELINES; AND 12
(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 13
DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 14
EDUCATION SE RVICES OR PROGRAM . 15
(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 16
AND CONSULTANTS FOR SPECIAL EDUCATION FUND. 17
(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 18
MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 19
EDUCATION ACT. 20
(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 21
SUBTITLE. 22
(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, 23
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 24
(8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF 25
THIS SUBTITLE. 26
(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 27
CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 28
(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 29
SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 30
CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 31
10 SENATE BILL 797
(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 1
MARYLAND VOLUNTEER LAWYERS SERVICE. 2
(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE SHALL: 3
1. ADVERTISE THE PROGRAM; 4
2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND 5
CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE 6
PROVIDED TO ELIGIBLE STUDENTS; 7
3. COMPILE AND MAINTAIN A RE FERRAL LIST OF 8
QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 9
4. DEVELOP CRITERIA TO D ETERMINE THE REQUIRE D 10
QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 11
IN THE PROGRAM; 12
5. DEVELOP, IN CONSULTATION W ITH THE 13
DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DI RECTORS, 14
DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY , 15
TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL 16
EDUCATION LAW AND PR OCEDURES; 17
6. DEVELOP AND DISTRIBUTE TO APPROP RIATE PUBLIC 18
AGENCIES THE WRITTEN INFORMATIONAL MATERI ALS REQUIRED TO BE P ROVIDED 19
TO PARENTS UNDER § 8–405 OF THIS SUBTITLE; 20
5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE 21
NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 22
SECTION; 23
6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE 24
STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE; 25
7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 26
(F) OF THIS SECTION; AND 27
8. 10. STUDY AND EVALUATE : 28
A. THE SERVICES PROVIDED BY THE PROGRAM; AND 29
SENATE BILL 797 11
B. RESOURCES NEEDED TO I NCREASE THE ACCESS O F 1
ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 2
EDUCATION MATTERS . 3
(4) (I) THE MARYLAND VOLUNTEER LAWYERS SERVICE MAY 4
PROVIDE OR AUTHORIZE OTHER NONPROFIT ORGANIZATI ONS TO PROVIDE TO 5
ADVOCATES AND CONSUL TANTS THE TRAINING D EVELOPED UNDER PARAG RAPH 6
(3)(II)5 OF THIS SUBSECTION . 7
(II) AN ADVOCATE OR CONSUL TANT SHALL COMPLETE THE 8
TRAINING PROVIDED IN ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS 9
PARAGRAP H TO QUALIFY TO PART ICIPATE IN AND RECEI VE PAYMENT UNDER THE 10
PROGRAM. 11
(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO 12
MEET AT LEAST ONE OF THE FOLLOWING : 13
(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 14
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE P ARENT DISAGREES WITH 15
THE PROPOSAL ; 16
(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS 17
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 18
THE PROPOSAL ; 19
(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED O R 20
OTHERWISE REMOVED FROM SCHOOL FOR MORE THAN 10 DAYS; 21
(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING 22
AGAINST THE ELIGIBLE STUDENT OR PARENT ; 23
(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 24
PLACED IN SECLUSION MORE THAN 10 TIMES; 25
(VI) THE SCHOOL HAS PROPOSED TO ENROLL AN ELIGIBL E 26
STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 27
WITH THE PROPOSAL ; OR 28
(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 29
THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUC ATION 30
NEEDS OF THE ELIGIBL E STUDENT. 31
(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 32
PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 33 12 SENATE BILL 797
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 RESOURCE S 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 MARYLAND VOLUNTEER LAWYERS 23
SERVICE MAY USE THE FUND ONLY FOR: 24
(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 25
ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 26
(II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN 27
INFORMATIONAL MATERI ALS FOR PARENTS ; 28
(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND 29
SENATE BILL 797 13
(III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 1
VOLUNTEER LAWYERS SERVICE. 2
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 3
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 4
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 5
CREDITED TO THE FUND. 6
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 7
ACCORDANCE WITH THE STATE BUDGET . 8
(9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL 9
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 10
$1,000,000 TO THE FUND. 11
(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 12
PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 13
1. APPROXIMATELY 25% OF THE ANNUAL 14
APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 15
STUDENTS IN DUE PROC ESS HEARINGS AND COURT PROCEEDINGS ; AND 16
2. APPROXIMATELY 75% OF THE ANNUAL 17
APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 18
ADVOCACY OF ELIGIBLE STUDENTS. 19
(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 20
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 21
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 22
CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 23
(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 24
SERVICES OF AN ATTORNEY , AN ADVOCATE , OR A CONSULTANT UNDE R THE 25
PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 26
THE MARYLAND VOLUNTEER LAWYERS SERVICE. 27
(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 28
INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 29
LAWYERS SERVICE MAY RECEIVE T HE INDIVIDUAL’S CUSTOMARY RATE , UP TO $200 30
PER HOUR , TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE 31
PROGRAM. 32
14 SENATE BILL 797
(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 1
MARYLAND VOLUNTEER LAWYERS SERVICE SHALL DIRECTL Y PAY THE ATTORNEY , 2
ADVOCATE, OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT. 3
(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 4
CONSULTANT UNDER THE PROGRAM DO NOT NEED T O BE REPAID TO THE PROGRAM 5
UNLESS THE ELIGI BLE STUDENT IS THE P REVAILING PARTY IN A PROCEEDING AND 6
FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT. 7
(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 8
FIRST–SERVED BASIS. 9
(II) 1. AN ELIGIBLE STUDENT I S LIMITED TO A LIFET IME 10
MAXIMUM OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 11
2. AN ELIGIBLE STUDENT M AY NOT RECEIVE MORE 12
THAN THE MAXIMUM IND IVIDUAL AMOUNT FOR S ERVICES UNDER THE PROGRAM 13
UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH . 14
(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE SHALL 15
COLLECT THE FOLLOWIN G 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 TYPE OF SERVICE T HE FUNDS WERE USED F OR, 24
INCLUDING MEDIATION , DUE PROCESS HEARINGS , OR COURT PROCEEDINGS , AND 25
LEGAL REPRESENTATION , ADVOCACY, AND CONSULTANCY SERVICES ; AND 26
(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND 27
DUE TO RECOUPMENT OF FEES. 28
(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 29
THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE SHALL COMPILE 30 SENATE BILL 797 15
THE INFORMATION COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND 1
SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 2
THE STATE GOVERNMENT ARTICLE. 3
(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE MAY ADOPT POL ICIES 4
AND PROCEDURES TO CA RRY OUT THIS SECT ION. 5
Article – State Finance and Procurement 6
6–226. 7
(a) (2) (i) Notwithstanding any other provision of law, and unless 8
inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
terms of a gift or settlement agreement, net interest on all State money allocated by the 10
State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
Fund of the State. 13
(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
to the following funds: 15
189. the Teacher Retention and Development Fund; [and] 16
190. the Protecting Against Hate Crimes Grant Fund; AND 17
191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 18
CONSULTANTS FOR SPECIAL EDUCATION FUND. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.