EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0797*
SENATE BILL 797
F1, O3 (4lr2758)
ENROLLED BILL
— Education, Energy, and the Environment and Budget and Taxation/Ways and
Means —
Introduced by Senator Hester Senators Hester, Augustine, Brooks, Feldman,
Kagan, Simonaire, M. Washington, Watson, and Lewis Young
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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; requiring certain public agencies 7
to compile, collect, and report certain information; establishing the Access to 8
Attorneys, Advocates, and Consultants for Special Education Program; establishing 9
the Access to Attorneys, Advocates, and Consultants for Special Education Fund; 10
requiring interest earnings of the Fund to be credited to the Fund; and generally 11
relating to the Access to Attorneys, Advocates, and Consultants for Special 12
Education Program and Fund. 13 2 SENATE BILL 797
BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 8–405(b) and (e) and 8–413(b) and (c) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Education 7
Section 8–413(a)(1), (5), and (6) and (l) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Education 12
Section 8–413(m) and 8–413.1 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(i) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(ii)189. and 190. 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – State Finance and Procurement 27
Section 6–226(a)(2)(ii)191. 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2023 Supplement) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Education 33
8–405. 34
(b) (1) When a team of qualified professionals and the parents meet for the 35
purpose of discussing the identification, evaluation, educational program, or the provision 36
of a free appropriate public education of a child with a disability: 37 SENATE BILL 797 3
(i) The parents of the child shall be afforded the opportunity to 1
participate and shall be provided reasonable notice in advance of the meeting; and 2
(ii) Reasonable notice shall be at least 10 calendar days in advance 3
of the meeting, unless an expedited meeting is being conducted to: 4
1. Address disciplinary issues; 5
2. Determine the placement of the child with a disability not 6
currently receiving educational services; or 7
3. Meet other urgent needs of a child with a disability to 8
ensure the provision of a free appropriate public education. 9
(2) (i) 1. At the initial evaluation meeting, the parents of the child 10
shall be provided: 11
A. In plain language, an oral and written explanation of the 12
parents’ rights and responsibilities in the individualized education program process and a 13
program procedural safeguards notice; 14
B. Written information that the parents may use to contact 15
early intervention and special education family support services staff members within the 16
local school system and a brief description of the services provided by the staff members; 17
[and] 18
C. Written information on the Special Education 19
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 20
State Government Article; AND 21
D. WRITTEN INFORMATION A BOUT THE ACCESS TO 22
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 23
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 24
2. If a parent’s native language is not English, the 25
information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 26
provided to the parent in the parent’s native language. 27
(ii) The parents may request the information provided under 28
subparagraph (i) of this paragraph at any subsequent meeting. 29
(iii) If a child who has an individualized education program 30
developed in another school system moves into a different local school system, that local 31
school system shall provide the information required under subparagraph (i)1B [and], C, 32 4 SENATE BILL 797
AND D of this paragraph at the time of the first written communication with the parents 1
regarding the child’s individualized education program or special education services. 2
(iv) A local school system shall publish information that a parent 3
may use to contact early intervention and special education family support services staff 4
members within the local school system and a brief description of the services provided by 5
the staff members in a prominent place on the section of its website relating to special 6
education services. 7
(3) Failure to provide the information required under paragraph (2)(i)1B 8
[and], C, AND D of this subsection does not constitute grounds for a due process complaint 9
under § 8–413 of this subtitle. 10
(4) (i) A parent may request an independent educational evaluation at 11
public expense in accordance with regulations adopted by the Department if: 12
1. The parent disagrees with the educational evaluation of 13
the student that was conducted by the local school system; or 14
2. The parent submits to the local school system a written 15
request for an educational evaluation conducted by the local school system and the local 16
school system: 17
A. Does not respond to the request within 30 days as required 18
under subparagraph (ii) of this paragraph; or 19
B. Approves the request but the educational evaluation 20
meeting does not occur, through no fault of the parent, within: 21
I. 60 days after the date on which the request was received 22
by the local school system; or 23
II. If the State is under a state of emergency proclaimed by 24
the Governor, 90 days after the date on which the request was received by the local school 25
system. 26
(ii) The local school system shall provide a written response 27
approving or denying a request within 30 days of the date the request was made. 28
(iii) If the local school system approves a request, the written 29
response shall advise the parent of the process for arranging the evaluation at public 30
expense. 31
(iv) If the local school system denies a request, the local school system 32
shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 33
of the denial. 34
SENATE BILL 797 5
(5) (i) If, during an individualized education program team meeting, a 1
parent disagrees with the child’s individualized education program or the special education 2
services provided to the child, the individualized education program team shall provide the 3
parent with, in plain language: 4
1. An oral and a written explanation of the parent’s right to 5
request mediation in accordance with § 8–413 of this subtitle; 6
2. Contact information, including a telephone number that a 7
parent may use to receive more information about the mediation process; [and] 8
3. Information regarding pro bono representation and other 9
free or low–cost legal and related services available in the area; AND 10
4. WRITTEN INFORMATION A BOUT THE ACCESS TO 11
ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 12
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 13
(ii) A parent may request the information provided under 14
subparagraph (i) of this paragraph at any individualized education program team meeting. 15
(6) (i) If the native language spoken by a parent who requests 16
information under paragraph (5) of this subsection is spoken by more than 1% of the 17
student population in the local school system, the parent may request that the information 18
be translated into the parent’s native language. 19
(ii) If a parent makes a request under subparagraph (i) of this 20
paragraph, the individualized education program team shall provide the parent with the 21
translated document within 30 days after the date of the request. 22
(e) (1) (i) Except as provided in paragraph (2) of this subsection, and 23
subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 24
scheduled meeting of the individualized education program team or other multidisciplinary 25
education team for any purpose for a child with a disability, appropriate school personnel 26
shall provide the parents of the child with [an]: 27
1. AN accessible copy of each assessment, report, data chart, 28
draft individualized education program, or other document that either team plans to 29
discuss at the meeting; 30
2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 31
ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLEDGE OR 32
SPECIAL EXPERTISE REGARDING THE STUDENT ; AND 33
6 SENATE BILL 797
3. 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) Subject to subparagraph (i) of this paragraph, an assessment, 4
report, data chart, or other document prepared by a school psychologist or other medical 5
professional that either team plans to discuss at the meeting may be provided to the parents 6
of the child orally and in writing prior to the meeting. 7
(iii) The parents of a child may notify appropriate school personnel 8
that they do not want to receive the documents required to be provided under subparagraph 9
(i) of this paragraph. 10
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 11
school personnel are not required to comply with paragraph (1) of this subsection in the 12
event of an extenuating circumstance. 13
(ii) In the event of an extenuating circumstance, appropriate school 14
personnel who fail to comply with paragraph (1) of this subsection shall document the 15
extenuating circumstance and communicate that information to the parents of the child. 16
8–413. 17
(a) (1) In this section the following words have the meanings indicated. 18
(5) “Parent” means: 19
(i) A child’s natural or adoptive parents, a guardian, or a person 20
acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 21
(ii) A foster parent with whom a child lives if the foster parent has 22
been granted limited guardianship for educational decision making purposes by the court 23
that placed the child in foster care; 24
(iii) Another individual who is legally responsible for the child’s 25
welfare; or 26
(iv) A parent surrogate appointed in accordance with § 8–412 of this 27
subtitle. 28
(6) “Public agency” means the State Department of Education, a local 29
school system, the Juvenile Services Education Program, or any State agency responsible 30
for providing education to students with disabilities, including the Maryland School for the 31
Blind and the Maryland School for the Deaf. 32
SENATE BILL 797 7
(b) (1) The parent of a child with a disability or a public agency may formally 1
request mediation at any time to resolve any disagreement between the parties regarding 2
the child’s special education services or program. 3
(2) If a parent files a due process complaint against a public agency 4
concerning the identification, evaluation, or educational placement of a student or the 5
provision of a free appropriate public education, any party shall be given the opportunity 6
to request mediation of those aspects of the decision subject to dispute. 7
(3) The request for mediation may not be used to deny or delay the parent’s 8
rights under federal law or this section. 9
(4) Any party to the mediation has the right to be accompanied and advised 10
by counsel. 11
(5) Mediation shall be conducted in accordance with departmental 12
regulations. 13
(6) A mediation agreement shall be in writing and is enforceable in a court 14
of competent jurisdiction in accordance with federal law. 15
(7) The Department shall make a staff member available to assist a parent 16
in understanding the mediation process. 17
(8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 18
PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 19
SPECIAL EDUCATION PROGRAM ESTABLISHED U NDER § 8–413.1 OF THIS SUBTITLE. 20
(c) (1) Before conducting a due process hearing in accordance with subsection 21
(d) of this section, the public agency shall provide the parent with [an]: 22
(I) AN opportunity to resolve the due process complaint at a 23
resolution session in accordance with federal law; AND 24
(II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 25
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 26
ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 27
(2) A resolution session agreement shall be in writing and enforceable in a 28
court of competent jurisdiction in accordance with federal law. 29
(3) A written resolution agreement may be voided by the parties within 3 30
business days of execution in accordance with federal law. 31
8 SENATE BILL 797
(l) (1) The court may award reasonable attorney’s fees and related costs, 1
including expert witness fees and costs, to the parent of a child with a disability who is a 2
prevailing party in accordance with this subsection. 3
(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 4
awarded and related costs may not be reimbursed for services performed after the date a 5
written offer of settlement is made to a parent if: 6
(i) The settlement offer is made more than 14 days before the start 7
of the proceeding; 8
(ii) The settlement offer is not accepted within 14 days; and 9
(iii) The court finds that the relief finally obtained by the parent is 10
not more favorable to the parent than the settlement offer. 11
(3) An award of attorney’s fees and related costs, including expert witness 12
fees and costs, may be made to a parent who is the prevailing party and who was 13
substantially justified in rejecting a settlement offer. 14
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 15
INFORMATION FOR EACH MEDIATION PROCEEDING AND DUE PROCESS PROC EEDING: 16
(I) THE NATURE OF THE DIS PUTE; AND 17
(II) THE STUDENT’S: 18
1. GRADE LEVEL; 19
2. SPECIAL EDUCATION PLA CEMENT; 20
3. DISABILITY CATEGORY ; 21
4. RACE; 22
5. ETHNICITY; 23
6. GENDER; 24
7. ENGLISH LEARNER STATU S; AND 25
8. FREE AND REDUCED PRIC E MEALS STATUS . 26
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 27
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 28 SENATE BILL 797 9
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN 1
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 2
(M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 3
INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 4
PROCEEDING , AND DUE PROCESS PROCEEDING : 5
(I) THE NATURE OF THE DIS PUTE; AND 6
(II) THE STUDENT’S: 7
1. GRADE LEVEL; 8
2. SPECIAL EDUCATION PLA CEMENT; 9
3. DISABILITY CATEGORY ; 10
4. RACE; 11
5. ETHNICITY; 12
6. GENDER; 13
7. ENGLISH LEARNER STATU S; AND 14
8. FREE AND REDUCED PRIC E MEALS STATUS . 15
(2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 16
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 17
NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 18
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 19
8–413.1. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR 23
COMPENSATION , PROVIDES SUPPORT AND GUIDANCE TO A STUDEN T WITH A 24
DISABILITY AND T HE PARENTS OF A STUD ENT WITH A DISABILIT Y IN OBTAINING 25
SPECIAL EDUCATION SE RVICES IN ACCORDANCE WITH FEDERAL AND STATE LAW 26
FROM A PUBLIC AGENCY . 27
10 SENATE BILL 797
(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) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR 4
COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED 5
EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS 6
PROCEEDINGS TO : 7
1. A STUDENT WITH A DISAB ILITY; OR 8
2. THE PARENT OR GUARDIA N OF A STUDENT WITH A 9
DISABILITY. 10
(II) “ADVOCATE” DOES NOT INCLUDE : 11
1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO 12
REPRESENT A STUDENT WITH A DISABILITY; OR 13
2. A CONSULTANT . 14
(2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 15
CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR 16
RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW 17
TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 18
AND STATE LAW. 19
(3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A 20
DISABILITY WHOSE PAR ENT HAS: 21
(I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THAT 22
MEETS THE ANNUAL INC OME CRITERIA AS DETE RMINED BY THE MARYLAND LEGAL 23
SERVICES CORPORATION INCOME GU IDELINES VOLUNTEER LAWYERS SERVICE OF 24
NOT MORE THAN 150% OF THE MARYLAND LEGAL SERVICES CORPORATION INCOME 25
GUIDELINES USED BY THE MARYLAND VOLUNTEER LAWYERS SERVICE; AND 26
(II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 27
DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 28
EDUCATION SERVICES O R PROGRAM. 29
(4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 30
AND CONSULTANTS FOR SPECIAL EDUCATION FUND. 31
SENATE BILL 797 11
(5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 1
MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 2
EDUCATION ACT. 3
(6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 4
SUBTITLE. 5
(7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, 6
ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 7
(8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF 8
THIS SUBTITLE. 9
(B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 10
CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 11
(2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 12
SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 13
CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 14
(3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 15
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 16
VOLUNTEER LAWYERS SERVICE. 17
(II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 18
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: 19
1. ADVERTISE THE PROGRAM; 20
2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND 21
CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE 22
PROVIDED TO ELIGIBLE STUDENTS; 23
3. COMPILE AND MAINTAIN A REFERRAL LIST OF 24
QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 25
4. DEVELOP CRITERIA TO DETERMINE THE REQUIR ED 26
QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 27
IN THE PROGRAM; 28
5. DEVELOP, IN CONSULTATION WITH THE 29
DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DI RECTORS, 30
DISABILITY RIGHTS AD VOCATES, AND REPRESENTA TIVES FROM THE JUDIC IARY, 31 12 SENATE BILL 797
TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL 1
EDUCATION LAW AND PR OCEDURES; 2
6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC 3
AGENCIES THE WRITTEN INFORMATIONAL MATERI ALS REQUIRED TO BE P ROVIDED 4
TO PARENTS UNDER § 8–405 OF THIS SUBTITLE; 5
5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE 6
NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 7
SECTION; 8
6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE 9
STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 10
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE; 11
7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 12
(F) OF THIS SECTION; AND 13
8. 10. STUDY AND EVALUATE : 14
A. THE SERVICES PROVIDED BY THE PROGRAM; AND 15
B. RESOURCES NEEDED TO INCREASE THE ACCE SS OF 16
ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 17
EDUCATION MATTERS . 18
(4) (I) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 19
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR 20
AUTHORIZE OTHER NONPROFIT ORGANIZATI ONS TO PROVIDE TO AD VOCATES AND 21
CONSULTANTS THE TRAI NING DEVELOPED UNDER PARAGRAPH (3)(II)5 OF THIS 22
SUBSECTION. 23
(II) AN ADVOCATE OR CONSUL TANT SHALL COMPLETE THE 24
TRAINING PROVIDED IN ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS 25
PARAGRAP H TO QUALIFY TO PART ICIPATE IN AND RECEI VE PAYMENT UNDER THE 26
PROGRAM. 27
(4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO 28
MEET AT LEAST ONE OF THE FOLLOWING : 29
(I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 30
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAGREES WITH 31
THE PROPOSAL ; 32
SENATE BILL 797 13
(II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS 1
BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 2
THE PROPOSAL ; 3
(III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR 4
OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS; 5
(IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING 6
AGAINST THE ELIGIBLE STUDENT OR PARENT ; 7
(V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 8
PLACED IN SECLUSION MORE THAN 10 TIMES; 9
(VI) THE SCHOOL HAS PROPOSED TO ENROLL AN ELIGIBL E 10
STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 11
WITH THE PROPOSAL ; OR 12
(VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 13
THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUC ATION 14
NEEDS OF THE ELIGIBL E STUDENT. 15
(C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 16
PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 17
INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR 18
DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE. 19
(D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 20
CONSULTANTS FOR SPECIAL EDUCATION FUND. 21
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR 22
FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCE S TO ACCESS 23
LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL 24
EDUCATION MATTERS . 25
(3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT 26
SHALL ADMINISTER THE FUND. 27
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 28
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 29
(II) THE STATE TREASURER SHALL HOLD THE FUND 30
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 31
(5) THE FUND CONSISTS OF : 32 14 SENATE BILL 797
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 1
FUND; 2
(II) INTEREST EARNINGS ; 3
(III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND 4
CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND 5
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 6
FOR THE BENEFIT OF T HE FUND. 7
(6) THE FUND MAY BE USED ONLY MARYLAND VOLUNTEER LAWYERS 8
SERVICE MAY USE THE FUND FUND MAY BE USED ONLY FOR: 9
(I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 10
ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 11
(II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN 12
INFORMATIONAL MATERI ALS FOR PARENTS ; 13
(II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND 14
(III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 15
VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL 16
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE. 17
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 18
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 19
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 20
CREDITED TO THE FUND. 21
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 22
ACCORDANCE WITH THE STATE BUDGET . 23
(9) (I) BEGINNING IN F ISCAL YEAR 2026, THE GOVERNOR SHALL 24
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 25
$1,000,000 $2,000,000 $1,000,000 TO THE FUND. 26
(II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 27
PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 28
SENATE BILL 797 15
1. APPROXIMATELY 25% OF THE ANNUAL 1
APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 2
STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND 3
2. APPROXIMATELY 75% OF THE ANNUAL 4
APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 5
ADVOCACY OF ELIGIBLE STUDENTS. 6
(10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 7
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 8
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 9
CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 10
(E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 11
SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UN DER THE 12
PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 13
THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 14
VOLUNTEER LAWYERS SERVICE. 15
(2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 16
INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 17
LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS 18
SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER 19
HOUR, TO PROVIDE SERVICES TO TH E ELIGIBLE STUDENT U NDER THE PROGRAM. 20
(II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 21
MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 22
VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE, 23
OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT 24
DESCRIBED IN PARAGRA PH (3)(II) OF THIS SUBSECTION . 25
(III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 26
CONSULTANT UNDER THE PROGRAM DO NOT NEED TO BE REPAID TO THE PROGRAM 27
UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND 28
FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT. 29
(3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 30
FIRST–SERVED BASIS. 31
(II) 1. AN ELIGIBLE STUDENT IS LIMITED TO A LIFETIME 32
MAXIMUM OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 33
16 SENATE BILL 797
2. AN ELIGIBLE STUDENT M AY NOT RECEIVE MORE 1
THAN THE MAXIMUM IND IVIDUAL AMOUNT FOR S ERVICES UNDER THE PROGRAM 2
UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH . 3
(F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 4
SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE 5
FOLLOWING DATA ON AN ANNUAL BASIS: 6
(I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND; 7
(II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED BY THE 8
NUMBER OF: 9
1. ELIGIBLE STUDENTS SER VED; 10
2. ATTORNEYS WHO PROVIDE D SERVICES; 11
3. ADVOCATES WHO PROVIDE D SERVICES; AND 12
4. CONSULTANTS WHO PROVI DED SERVICES; AND 13
(III) THE TYPE OF SERVICE THE FUNDS WERE USED FOR , 14
INCLUDING MEDIATION , DUE PROCESS HEARINGS , OR COURT PROCEEDINGS , AND 15
LEGAL REPRESENTATION , ADVOCACY, AND CONSULTANCY SERV ICES AMOUNT OF 16
FUNDS DISBURSED DISA GGREGATED BY THE TYP E OF SERVICE, INCLUDING: 17
1. DISPUTE RESOLUTION PR OCEEDINGS, INCLUDING 18
MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND 19
2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING 20
CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND 21
(III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND 22
DUE TO RECOUPMENT OF FEES. 23
(2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 24
THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES 25
CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION 26
COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT 27
TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 28
GOVERNMENT ARTICLE. 29
SENATE BILL 797 17
(G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES 1
CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES A ND 2
PROCEDURES TO CARRY OUT THIS SECTION . 3
Article – State Finance and Procurement 4
6–226. 5
(a) (2) (i) Notwithstanding any other provision of law, and unless 6
inconsistent with a federal law, grant agreement, or other federal requirement or with the 7
terms of a gift or settlement agreement, net interest on all State money allocated by the 8
State Treasurer under this section to special funds or accounts, and otherwise entitled to 9
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 10
Fund of the State. 11
(ii) The provisions of subparagraph (i) of this paragraph do not apply 12
to the following funds: 13
189. the Teacher Retention and Development Fund; [and] 14
190. the Protecting Against Hate Crimes Grant Fund; AND 15
191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 16
CONSULTANTS FOR SPECIAL EDUCATION FUND. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October July 1, 2024. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.