MD
Maryland Senate Bill SB797

Maryland 2024 Regular Session

Maryland Senate Bill SB797 Compare Versions

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1- WES MOORE, Governor Ch. 170
21
3-– 1 –
4-Chapter 170
5-(Senate Bill 797)
62
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+ *sb0797*
810
9-Education – Access to Attorneys, Advocates, and Consultants for Special
10-Education Program and Fund – Established
11+SENATE BILL 797
12+F1, O3 (4lr2758)
13+ENROLLED BILL
14+— Education, Energy, and the Environment and Budget and Taxation/Ways and
15+Means —
16+Introduced by Senator Hester Senators Hester, Augustine, Brooks, Feldman,
17+Kagan, Simonaire, M. Washington, Watson, and Lewis Young
1118
12-FOR the purpose of requiring certain information about the Access to Attorneys, Advocates,
13-and Consultants for Special Education Program to be provided to the parents of a
14-child with a disability under certain circumstances; requiring certain public agencies
15-to compile, collect, and report certain information; requiring certain public agencies
16-to compile, collect, and report certain information; establishing the Access to
17-Attorneys, Advocates, and Consultants for Special Education Program; establishing
18-the Access to Attorneys, Advocates, and Consultants for Special Education Fund;
19-requiring interest earnings of the Fund to be credited to the Fund; and generally
20-relating to the Access to Attorneys, Advocates, and Consultants for Special
21-Education Program and Fund.
19+Read and Examined by Proofreaders:
2220
23-BY repealing and reenacting, with amendments,
24- Article – Education
25-Section 8–405(b) and (e) and 8–413(b) and (c)
26- Annotated Code of Maryland
27- (2022 Replacement Volume and 2023 Supplement)
21+_______________________________________________
22+Proofreader.
23+_______________________________________________
24+Proofreader.
2825
29-BY repealing and reenacting, without amendments,
30- Article – Education
31-Section 8–413(a)(1), (5), and (6) and (l)
32- Annotated Code of Maryland
33- (2022 Replacement Volume and 2023 Supplement)
26+Sealed with the Great Seal and presented to the Governor, for his approval this
3427
35-BY adding to
36- Article – Education
37-Section 8–413(m) and 8–413.1
38- Annotated Code of Maryland
39- (2022 Replacement Volume and 2023 Supplement)
28+_______ day of _______________ at ________________________ o’clock, ________M.
4029
41-BY repealing and reenacting, without amendments,
42- Article – State Finance and Procurement
43-Section 6–226(a)(2)(i)
44- Annotated Code of Maryland
45- (2021 Replacement Volume and 2023 Supplement)
30+______________________________________________
31+President.
4632
47-BY repealing and reenacting, with amendments,
48- Article – State Finance and Procurement
49-Section 6–226(a)(2)(ii)189. and 190. Ch. 170 2024 LAWS OF MARYLAND
33+CHAPTER ______
5034
51-– 2 –
52- Annotated Code of Maryland
53- (2021 Replacement Volume and 2023 Supplement)
35+AN ACT concerning 1
5436
55-BY adding to
56- Article – State Finance and Procurement
57-Section 6–226(a)(2)(ii)191.
58- Annotated Code of Maryland
59- (2021 Replacement Volume and 2023 Supplement)
37+Education – Access to Attorneys, Advocates, and Consultants for Special 2
38+Education Program and Fund – Established 3
6039
61- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
62-That the Laws of Maryland read as follows:
40+FOR the purpose of requiring certain information about the Access to Attorneys, Advocates, 4
41+and Consultants for Special Education Program to be provided to the parents of a 5
42+child with a disability under certain circumstances; requiring certain public agencies 6
43+to compile, collect, and report certain information; requiring certain public agencies 7
44+to compile, collect, and report certain information; establishing the Access to 8
45+Attorneys, Advocates, and Consultants for Special Education Program; establishing 9
46+the Access to Attorneys, Advocates, and Consultants for Special Education Fund; 10
47+requiring interest earnings of the Fund to be credited to the Fund; and generally 11
48+relating to the Access to Attorneys, Advocates, and Consultants for Special 12
49+Education Program and Fund. 13 2 SENATE BILL 797
6350
64-Article – Education
6551
66-8–405.
6752
68- (b) (1) When a team of qualified professionals and the parents meet for the
69-purpose of discussing the identification, evaluation, educational program, or the provision
70-of a free appropriate public education of a child with a disability:
53+BY repealing and reenacting, with amendments, 1
54+ Article – Education 2
55+Section 8–405(b) and (e) and 8–413(b) and (c) 3
56+ Annotated Code of Maryland 4
57+ (2022 Replacement Volume and 2023 Supplement) 5
7158
72- (i) The parents of the child shall be afforded the opportunity to
73-participate and shall be provided reasonable notice in advance of the meeting; and
59+BY repealing and reenacting, without amendments, 6
60+ Article – Education 7
61+Section 8–413(a)(1), (5), and (6) and (l) 8
62+ Annotated Code of Maryland 9
63+ (2022 Replacement Volume and 2023 Supplement) 10
7464
75- (ii) Reasonable notice shall be at least 10 calendar days in advance
76-of the meeting, unless an expedited meeting is being conducted to:
65+BY adding to 11
66+ Article – Education 12
67+Section 8–413(m) and 8–413.1 13
68+ Annotated Code of Maryland 14
69+ (2022 Replacement Volume and 2023 Supplement) 15
7770
78- 1. Address disciplinary issues;
71+BY repealing and reenacting, without amendments, 16
72+ Article – State Finance and Procurement 17
73+Section 6–226(a)(2)(i) 18
74+ Annotated Code of Maryland 19
75+ (2021 Replacement Volume and 2023 Supplement) 20
7976
80- 2. Determine the placement of the child with a disability not
81-currently receiving educational services; or
77+BY repealing and reenacting, with amendments, 21
78+ Article – State Finance and Procurement 22
79+Section 6–226(a)(2)(ii)189. and 190. 23
80+ Annotated Code of Maryland 24
81+ (2021 Replacement Volume and 2023 Supplement) 25
8282
83- 3. Meet other urgent needs of a child with a disability to
84-ensure the provision of a free appropriate public education.
83+BY adding to 26
84+ Article – State Finance and Procurement 27
85+Section 6–226(a)(2)(ii)191. 28
86+ Annotated Code of Maryland 29
87+ (2021 Replacement Volume and 2023 Supplement) 30
8588
86- (2) (i) 1. At the initial evaluation meeting, the parents of the child
87-shall be provided:
89+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
90+That the Laws of Maryland read as follows: 32
8891
89- A. In plain language, an oral and written explanation of the
90-parents’ rights and responsibilities in the individualized education program process and a
91-program procedural safeguards notice;
92+Article – Education 33
9293
93- B. Written information that the parents may use to contact
94-early intervention and special education family support services staff members within the
95-local school system and a brief description of the services provided by the staff members;
96-[and]
97- WES MOORE, Governor Ch. 170
94+8–405. 34
9895
99-– 3 –
100- C. Written information on the Special Education
101-Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the
102-State Government Article; AND
96+ (b) (1) When a team of qualified professionals and the parents meet for the 35
97+purpose of discussing the identification, evaluation, educational program, or the provision 36
98+of a free appropriate public education of a child with a disability: 37 SENATE BILL 797 3
10399
104- D. WRITTEN INFORMATION A BOUT THE ACCESS TO
105-ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
106-ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
107100
108- 2. If a parent’s native language is not English, the
109-information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be
110-provided to the parent in the parent’s native language.
111101
112- (ii) The parents may request the information provided under
113-subparagraph (i) of this paragraph at any subsequent meeting.
102+ (i) The parents of the child shall be afforded the opportunity to 1
103+participate and shall be provided reasonable notice in advance of the meeting; and 2
114104
115- (iii) If a child who has an individualized education program
116-developed in another school system moves into a different local school system, that local
117-school system shall provide the information required under subparagraph (i)1B [and], C,
118-AND D of this paragraph at the time of the first written communication with the parents
119-regarding the child’s individualized education program or special education services.
105+ (ii) Reasonable notice shall be at least 10 calendar days in advance 3
106+of the meeting, unless an expedited meeting is being conducted to: 4
120107
121- (iv) A local school system shall publish information that a parent
122-may use to contact early intervention and special education family support services staff
123-members within the local school system and a brief description of the services provided by
124-the staff members in a prominent place on the section of its website relating to special
125-education services.
108+ 1. Address disciplinary issues; 5
126109
127- (3) Failure to provide the information required under paragraph (2)(i)1B
128-[and], C, AND D of this subsection does not constitute grounds for a due process complaint
129-under § 8–413 of this subtitle.
110+ 2. Determine the placement of the child with a disability not 6
111+currently receiving educational services; or 7
130112
131- (4) (i) A parent may request an independent educational evaluation at
132-public expense in accordance with regulations adopted by the Department if:
113+ 3. Meet other urgent needs of a child with a disability to 8
114+ensure the provision of a free appropriate public education. 9
133115
134- 1. The parent disagrees with the educational evaluation of
135-the student that was conducted by the local school system; or
116+ (2) (i) 1. At the initial evaluation meeting, the parents of the child 10
117+shall be provided: 11
136118
137- 2. The parent submits to the local school system a written
138-request for an educational evaluation conducted by the local school system and the local
139-school system:
119+ A. In plain language, an oral and written explanation of the 12
120+parents’ rights and responsibilities in the individualized education program process and a 13
121+program procedural safeguards notice; 14
140122
141- A. Does not respond to the request within 30 days as required
142-under subparagraph (ii) of this paragraph; or
123+ B. Written information that the parents may use to contact 15
124+early intervention and special education family support services staff members within the 16
125+local school system and a brief description of the services provided by the staff members; 17
126+[and] 18
143127
144- B. Approves the request but the educational evaluation
145-meeting does not occur, through no fault of the parent, within: Ch. 170 2024 LAWS OF MARYLAND
128+ C. Written information on the Special Education 19
129+Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 20
130+State Government Article; AND 21
146131
147-– 4 –
132+ D. WRITTEN INFORMATION A BOUT THE ACCESS TO 22
133+ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 23
134+ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 24
148135
149- I. 60 days after the date on which the request was received
150-by the local school system; or
136+ 2. If a parent’s native language is not English, the 25
137+information in subsubparagraph 1B [and], C, AND D of this subparagraph shall be 26
138+provided to the parent in the parent’s native language. 27
151139
152- II. If the State is under a state of emergency proclaimed by
153-the Governor, 90 days after the date on which the request was received by the local school
154-system.
140+ (ii) The parents may request the information provided under 28
141+subparagraph (i) of this paragraph at any subsequent meeting. 29
155142
156- (ii) The local school system shall provide a written response
157-approving or denying a request within 30 days of the date the request was made.
143+ (iii) If a child who has an individualized education program 30
144+developed in another school system moves into a different local school system, that local 31
145+school system shall provide the information required under subparagraph (i)1B [and], C, 32 4 SENATE BILL 797
158146
159- (iii) If the local school system approves a request, the written
160-response shall advise the parent of the process for arranging the evaluation at public
161-expense.
162147
163- (iv) If the local school system denies a request, the local school system
164-shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date
165-of the denial.
148+AND D of this paragraph at the time of the first written communication with the parents 1
149+regarding the child’s individualized education program or special education services. 2
166150
167- (5) (i) If, during an individualized education program team meeting, a
168-parent disagrees with the child’s individualized education program or the special education
169-services provided to the child, the individualized education program team shall provide the
170-parent with, in plain language:
151+ (iv) A local school system shall publish information that a parent 3
152+may use to contact early intervention and special education family support services staff 4
153+members within the local school system and a brief description of the services provided by 5
154+the staff members in a prominent place on the section of its website relating to special 6
155+education services. 7
171156
172- 1. An oral and a written explanation of the parent’s right to
173-request mediation in accordance with § 8–413 of this subtitle;
157+ (3) Failure to provide the information required under paragraph (2)(i)1B 8
158+[and], C, AND D of this subsection does not constitute grounds for a due process complaint 9
159+under § 8–413 of this subtitle. 10
174160
175- 2. Contact information, including a telephone number that a
176-parent may use to receive more information about the mediation process; [and]
161+ (4) (i) A parent may request an independent educational evaluation at 11
162+public expense in accordance with regulations adopted by the Department if: 12
177163
178- 3. Information regarding pro bono representation and other
179-free or low–cost legal and related services available in the area; AND
164+ 1. The parent disagrees with the educational evaluation of 13
165+the student that was conducted by the local school system; or 14
180166
181- 4. WRITTEN INFORMATION A BOUT THE ACCESS TO
182-ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
183-ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
167+ 2. The parent submits to the local school system a written 15
168+request for an educational evaluation conducted by the local school system and the local 16
169+school system: 17
184170
185- (ii) A parent may request the inf ormation provided under
186-subparagraph (i) of this paragraph at any individualized education program team meeting.
171+ A. Does not respond to the request within 30 days as required 18
172+under subparagraph (ii) of this paragraph; or 19
187173
188- (6) (i) If the native language spoken by a parent who requests
189-information under paragraph (5) of this subsection is spoken by more than 1% of the
190-student population in the local school system, the parent may request that the information
191-be translated into the parent’s native language.
192- WES MOORE, Governor Ch. 170
174+ B. Approves the request but the educational evaluation 20
175+meeting does not occur, through no fault of the parent, within: 21
193176
194-– 5 –
195- (ii) If a parent makes a request under subparagraph (i) of this
196-paragraph, the individualized education program team shall provide the parent with the
197-translated document within 30 days after the date of the request.
177+ I. 60 days after the date on which the request was received 22
178+by the local school system; or 23
198179
199- (e) (1) (i) Except as provided in paragraph (2) of this subsection, and
200-subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a
201-scheduled meeting of the individualized education program team or other multidisciplinary
202-education team for any purpose for a child with a disability, appropriate school personnel
203-shall provide the parents of the child with [an]:
180+ II. If the State is under a state of emergency proclaimed by 24
181+the Governor, 90 days after the date on which the request was received by the local school 25
182+system. 26
204183
205- 1. AN accessible copy of each assessment, report, data chart,
206-draft individualized education program, or other document that either team plans to
207-discuss at the meeting;
184+ (ii) The local school system shall provide a written response 27
185+approving or denying a request within 30 days of the date the request was made. 28
208186
209- 2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE
210-ACCOMPANIED TO THE M EETING BY ANY INDIVIDUAL WHO HAS KNOWLEDGE OR
211-SPECIAL EXPERTISE REGARDING THE STUDENT ; AND
187+ (iii) If the local school system approves a request, the written 29
188+response shall advise the parent of the process for arranging the evaluation at public 30
189+expense. 31
212190
213- 3. WRITTEN INFORMATION A BOUT THE ACCESS TO
214-ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
215-ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE .
191+ (iv) If the local school system denies a request, the local school system 32
192+shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date 33
193+of the denial. 34
194+ SENATE BILL 797 5
216195
217- (ii) Subject to subparagraph (i) of this paragraph, an assessment,
218-report, data chart, or other document prepared by a school psychologist or other medical
219-professional that either team plans to discuss at the meeting may be provided to the parents
220-of the child orally and in writing prior to the meeting.
221196
222- (iii) The parents of a child may notify appropriate school personnel
223-that they do not want to receive the documents required to be provided under subparagraph
224-(i) of this paragraph.
197+ (5) (i) If, during an individualized education program team meeting, a 1
198+parent disagrees with the child’s individualized education program or the special education 2
199+services provided to the child, the individualized education program team shall provide the 3
200+parent with, in plain language: 4
225201
226- (2) (i) Subject to subparagraph (ii) of this paragraph, appropriate
227-school personnel are not required to comply with paragraph (1) of this subsection in the
228-event of an extenuating circumstance.
202+ 1. An oral and a written explanation of the parent’s right to 5
203+request mediation in accordance with § 8–413 of this subtitle; 6
229204
230- (ii) In the event of an extenuating circumstance, appropriate school
231-personnel who fail to comply with paragraph (1) of this subsection shall document the
232-extenuating circumstance and communicate that information to the parents of the child.
205+ 2. Contact information, including a telephone number that a 7
206+parent may use to receive more information about the mediation process; [and] 8
233207
234-8–413.
208+ 3. Information regarding pro bono representation and other 9
209+free or low–cost legal and related services available in the area; AND 10
235210
236- (a) (1) In this section the following words have the meanings indicated.
211+ 4. WRITTEN INFORMATION A BOUT THE ACCESS TO 11
212+ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 12
213+ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 13
237214
238- (5) “Parent” means:
239- Ch. 170 2024 LAWS OF MARYLAND
215+ (ii) A parent may request the information provided under 14
216+subparagraph (i) of this paragraph at any individualized education program team meeting. 15
240217
241-– 6 –
242- (i) A child’s natural or adoptive parents, a guardian, or a person
243-acting as a parent of a child, such as a relative or a stepparent with whom the child lives;
218+ (6) (i) If the native language spoken by a parent who requests 16
219+information under paragraph (5) of this subsection is spoken by more than 1% of the 17
220+student population in the local school system, the parent may request that the information 18
221+be translated into the parent’s native language. 19
244222
245- (ii) A foster parent with whom a child lives if the foster parent has
246-been granted limited guardianship for educational decision making purposes by the court
247-that placed the child in foster care;
223+ (ii) If a parent makes a request under subparagraph (i) of this 20
224+paragraph, the individualized education program team shall provide the parent with the 21
225+translated document within 30 days after the date of the request. 22
248226
249- (iii) Another individual who is legally responsible for the child’s
250-welfare; or
227+ (e) (1) (i) Except as provided in paragraph (2) of this subsection, and 23
228+subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a 24
229+scheduled meeting of the individualized education program team or other multidisciplinary 25
230+education team for any purpose for a child with a disability, appropriate school personnel 26
231+shall provide the parents of the child with [an]: 27
251232
252- (iv) A parent surrogate appointed in accordance with § 8–412 of this
253-subtitle.
233+ 1. AN accessible copy of each assessment, report, data chart, 28
234+draft individualized education program, or other document that either team plans to 29
235+discuss at the meeting; 30
254236
255- (6) “Public agency” means the State Department of Education, a local
256-school system, the Juvenile Services Education Program, or any State agency responsible
257-for providing education to students with disabilities, including the Maryland School for the
258-Blind and the Maryland School for the Deaf.
237+ 2. NOTIFICATION OF THE R IGHT OF THE PARENT T O BE 31
238+ACCOMPANIED TO THE M EETING BY ANY INDIVI DUAL WHO HAS KNOWLEDGE OR 32
239+SPECIAL EXPERTISE REGARDING THE STUDENT ; AND 33
240+ 6 SENATE BILL 797
259241
260- (b) (1) The parent of a child with a disability or a public agency may formally
261-request mediation at any time to resolve any disagreement between the parties regarding
262-the child’s special education services or program.
263242
264- (2) If a parent files a due process complaint against a public agency
265-concerning the identification, evaluation, or educational placement of a student or the
266-provision of a free appropriate public education, any party shall be given the opportunity
267-to request mediation of those aspects of the decision subject to dispute.
243+ 3. WRITTEN INFORMATION A BOUT THE ACCESS TO 1
244+ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 2
245+ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 3
268246
269- (3) The request for mediation may not be used to deny or delay the parent’s
270-rights under federal law or this section.
247+ (ii) Subject to subparagraph (i) of this paragraph, an assessment, 4
248+report, data chart, or other document prepared by a school psychologist or other medical 5
249+professional that either team plans to discuss at the meeting may be provided to the parents 6
250+of the child orally and in writing prior to the meeting. 7
271251
272- (4) Any party to the mediation has the right to be accompanied and advised
273-by counsel.
252+ (iii) The parents of a child may notify appropriate school personnel 8
253+that they do not want to receive the documents required to be provided under subparagraph 9
254+(i) of this paragraph. 10
274255
275- (5) Mediation shall be conducted in accordance with departmental
276-regulations.
256+ (2) (i) Subject to subparagraph (ii) of this paragraph, appropriate 11
257+school personnel are not required to comply with paragraph (1) of this subsection in the 12
258+event of an extenuating circumstance. 13
277259
278- (6) A mediation agreement shall be in writing and is enforceable in a court
279-of competent jurisdiction in accordance with federal law.
260+ (ii) In the event of an extenuating circumstance, appropriate school 14
261+personnel who fail to comply with paragraph (1) of this subsection shall document the 15
262+extenuating circumstance and communicate that information to the parents of the child. 16
280263
281- (7) The Department shall make a staff member available to assist a parent
282-in understanding the mediation process.
264+8–413. 17
283265
284- (8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A
285-PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR
286-SPECIAL EDUCATION PROGRAM ESTABLISHED U NDER § 8–413.1 OF THIS SUBTITLE.
287- WES MOORE, Governor Ch. 170
266+ (a) (1) In this section the following words have the meanings indicated. 18
288267
289-– 7 –
290- (c) (1) Before conducting a due process hearing in accordance with subsection
291-(d) of this section, the public agency shall provide the parent with [an]:
268+ (5) “Parent” means: 19
292269
293- (I) AN opportunity to resolve the due process complaint at a
294-resolution session in accordance with federal law; AND
270+ (i) A child’s natural or adoptive parents, a guardian, or a person 20
271+acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 21
295272
296- (II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS,
297-ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM
298-ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE.
273+ (ii) A foster parent with whom a child lives if the foster parent has 22
274+been granted limited guardianship for educational decision making purposes by the court 23
275+that placed the child in foster care; 24
299276
300- (2) A resolution session agreement shall be in writing and enforceable in a
301-court of competent jurisdiction in accordance with federal law.
277+ (iii) Another individual who is legally responsible for the child’s 25
278+welfare; or 26
302279
303- (3) A written resolution agreement may be voided by the parties within 3
304-business days of execution in accordance with federal law.
280+ (iv) A parent surrogate appointed in accordance with § 8–412 of this 27
281+subtitle. 28
305282
306- (l) (1) The court may award reasonable attorney’s fees and related costs,
307-including expert witness fees and costs, to the parent of a child with a disability who is a
308-prevailing party in accordance with this subsection.
283+ (6) “Public agency” means the State Department of Education, a local 29
284+school system, the Juvenile Services Education Program, or any State agency responsible 30
285+for providing education to students with disabilities, including the Maryland School for the 31
286+Blind and the Maryland School for the Deaf. 32
287+ SENATE BILL 797 7
309288
310- (2) Subject to paragraph (3) of this subsection, attorney’s fees may not be
311-awarded and related costs may not be reimbursed for services performed after the date a
312-written offer of settlement is made to a parent if:
313289
314- (i) The settlement offer is made more than 14 days before the start
315-of the proceeding;
290+ (b) (1) The parent of a child with a disability or a public agency may formally 1
291+request mediation at any time to resolve any disagreement between the parties regarding 2
292+the child’s special education services or program. 3
316293
317- (ii) The settlement offer is not accepted within 14 days; and
294+ (2) If a parent files a due process complaint against a public agency 4
295+concerning the identification, evaluation, or educational placement of a student or the 5
296+provision of a free appropriate public education, any party shall be given the opportunity 6
297+to request mediation of those aspects of the decision subject to dispute. 7
318298
319- (iii) The court finds that the relief finally obtained by the parent is
320-not more favorable to the parent than the settlement offer.
299+ (3) The request for mediation may not be used to deny or delay the parent’s 8
300+rights under federal law or this section. 9
321301
322- (3) An award of attorney’s fees and related costs, including expert witness
323-fees and costs, may be made to a parent who is the prevailing party and who was
324-substantially justified in rejecting a settlement offer.
302+ (4) Any party to the mediation has the right to be accompanied and advised 10
303+by counsel. 11
325304
326- (M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING
327-INFORMATION FOR EACH MEDIATION PROCEEDING AND DUE PROCESS PROC EEDING:
305+ (5) Mediation shall be conducted in accordance with departmental 12
306+regulations. 13
328307
329- (I) THE NATURE OF THE DIS PUTE; AND
308+ (6) A mediation agreement shall be in writing and is enforceable in a court 14
309+of competent jurisdiction in accordance with federal law. 15
330310
331- (II) THE STUDENT’S:
311+ (7) The Department shall make a staff member available to assist a parent 16
312+in understanding the mediation process. 17
332313
333- 1. GRADE LEVEL;
334- Ch. 170 2024 LAWS OF MARYLAND
314+ (8) BEFORE MEDIATION BEGI NS, THE DEPARTMENT SHALL NOTI FY A 18
315+PARENT ABOUT THE ACCESS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS FOR 19
316+SPECIAL EDUCATION PROGRAM ESTABLISHED U NDER § 8–413.1 OF THIS SUBTITLE. 20
335317
336-– 8 –
337- 2. SPECIAL EDUCATION PLA CEMENT;
318+ (c) (1) Before conducting a due process hearing in accordance with subsection 21
319+(d) of this section, the public agency shall provide the parent with [an]: 22
338320
339- 3. DISABILITY CATEGORY ;
321+ (I) AN opportunity to resolve the due process complaint at a 23
322+resolution session in accordance with federal law; AND 24
340323
341- 4. RACE;
324+ (II) NOTIFICATION ABOUT TH E ACCESS TO ATTORNEYS, 25
325+ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM 26
326+ESTABLISHED UNDER § 8–413.1 OF THIS SUBTITLE . 27
342327
343- 5. ETHNICITY;
328+ (2) A resolution session agreement shall be in writing and enforceable in a 28
329+court of competent jurisdiction in accordance with federal law. 29
344330
345- 6. GENDER;
331+ (3) A written resolution agreement may be voided by the parties within 3 30
332+business days of execution in accordance with federal law. 31
333+ 8 SENATE BILL 797
346334
347- 7. ENGLISH LEARNER STATU S; AND
348335
349- 8. FREE AND REDUCED PRIC E MEALS STATUS .
336+ (l) (1) The court may award reasonable attorney’s fees and related costs, 1
337+including expert witness fees and costs, to the parent of a child with a disability who is a 2
338+prevailing party in accordance with this subsection. 3
350339
351- (2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION
352-COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE
353-NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, IN
354-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
340+ (2) Subject to paragraph (3) of this subsection, attorney’s fees may not be 4
341+awarded and related costs may not be reimbursed for services performed after the date a 5
342+written offer of settlement is made to a parent if: 6
355343
356- (M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING
357-INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION
358-PROCEEDING , AND DUE PROCESS PROCEEDING :
344+ (i) The settlement offer is made more than 14 days before the start 7
345+of the proceeding; 8
359346
360- (I) THE NATURE OF THE DIS PUTE; AND
347+ (ii) The settlement offer is not accepted within 14 days; and 9
361348
362- (II) THE STUDENT’S:
349+ (iii) The court finds that the relief finally obtained by the parent is 10
350+not more favorable to the parent than the settlement offer. 11
363351
364- 1. GRADE LEVEL;
352+ (3) An award of attorney’s fees and related costs, including expert witness 12
353+fees and costs, may be made to a parent who is the prevailing party and who was 13
354+substantially justified in rejecting a settlement offer. 14
365355
366- 2. SPECIAL EDUCATION PLA CEMENT;
356+ (M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 15
357+INFORMATION FOR EACH MEDIATION PROCEEDING AND DUE PROCESS PROC EEDING: 16
367358
368- 3. DISABILITY CATEGORY ;
359+ (I) THE NATURE OF THE DIS PUTE; AND 17
369360
370- 4. RACE;
361+ (II) THE STUDENT’S: 18
371362
372- 5. ETHNICITY;
363+ 1. GRADE LEVEL; 19
373364
374- 6. GENDER;
365+ 2. SPECIAL EDUCATION PLA CEMENT; 20
375366
376- 7. ENGLISH LEARNER STATU S; AND
367+ 3. DISABILITY CATEGORY ; 21
377368
378- 8. FREE AND REDUCED PRIC E MEALS STATUS .
379- WES MOORE, Governor Ch. 170
369+ 4. RACE; 22
380370
381-– 9 –
382- (2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION
383-COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE
384-NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY,
385-IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
371+ 5. ETHNICITY; 23
386372
387-8–413.1.
373+ 6. GENDER; 24
388374
389- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
390-INDICATED.
375+ 7. ENGLISH LEARNER STATU S; AND 25
391376
392- (2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR
393-COMPENSATION , PROVIDES SUPPORT AND GUIDANCE TO A STUDEN T WITH A
394-DISABILITY AND T HE PARENTS OF A STUD ENT WITH A DISABILIT Y IN OBTAINING
395-SPECIAL EDUCATION SE RVICES IN ACCORDANCE WITH FEDERAL AND STATE LAW
396-FROM A PUBLIC AGENCY .
377+ 8. FREE AND REDUCED PRIC E MEALS STATUS . 26
397378
398- (II) “ADVOCATE” DOES NOT INCLUDE AN ATTORNEY ACTING IN
399-A CAPACITY OF LEGAL COUNSEL TO A STUDENT WITH A DISABILITY IN OBTAINING
400-SPECIAL EDUCATION SE RVICES.
379+ (2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 27
380+COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 28 SENATE BILL 797 9
401381
402- (2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR
403-COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED
404-EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS
405-PROCEEDINGS TO :
406382
407- 1. A STUDENT WITH A DISAB ILITY; OR
383+NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN 1
384+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 2
408385
409- 2. THE PARENT OR GUARDIA N OF A STUDENT WITH A
410-DISABILITY.
386+ (M) (1) A PUBLIC AGENCY ANNUAL LY SHALL COLLECT THE FOLLOWING 3
387+INFORMATION FOR EACH INDIVIDUALIZED EDUCA TION PROGRAM , MEDIATION 4
388+PROCEEDING , AND DUE PROCESS PROCEEDING : 5
411389
412- (II) “ADVOCATE” DOES NOT INCLUDE :
390+ (I) THE NATURE OF THE DIS PUTE; AND 6
413391
414- 1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO
415-REPRESENT A STUDENT WITH A DISABILITY; OR
392+ (II) THE STUDENT’S: 7
416393
417- 2. A CONSULTANT .
394+ 1. GRADE LEVEL; 8
418395
419- (2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR
420-CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR
421-RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW
422-TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL
423-AND STATE LAW.
424- Ch. 170 2024 LAWS OF MARYLAND
396+ 2. SPECIAL EDUCATION PLA CEMENT; 9
425397
426-– 10 –
427- (3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A
428-DISABILITY WHOSE PAR ENT HAS:
398+ 3. DISABILITY CATEGORY ; 10
429399
430- (I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THAT
431-MEETS THE ANNUAL INC OME CRITERIA AS DETE RMINED BY THE MARYLAND LEGAL
432-SERVICES CORPORATION INCOME GU IDELINES VOLUNTEER LAWYERS SERVICE OF
433-NOT MORE THAN 150% OF THE MARYLAND LEGAL SERVICES CORPORATION INCOME
434-GUIDELINES USED BY THE MARYLAND VOLUNTEER LAWYERS SERVICE; AND
400+ 4. RACE; 11
435401
436- (II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A
437-DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL
438-EDUCATION SERVICES O R PROGRAM.
402+ 5. ETHNICITY; 12
439403
440- (4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES,
441-AND CONSULTANTS FOR SPECIAL EDUCATION FUND.
404+ 6. GENDER; 13
442405
443- (5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME
444-MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES
445-EDUCATION ACT.
406+ 7. ENGLISH LEARNER STATU S; AND 14
446407
447- (6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS
448-SUBTITLE.
408+ 8. FREE AND REDUCED PRIC E MEALS STATUS . 15
449409
450- (7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS,
451-ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
410+ (2) THE DEPARTMENT SHALL COMP ILE THE INFORMATION 16
411+COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND, ON OR BEFORE 17
412+NOVEMBER 1 EACH YEAR, SHALL SUBMIT A REPOR T TO THE GENERAL ASSEMBLY, 18
413+IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 19
452414
453- (8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF
454-THIS SUBTITLE.
415+8–413.1. 20
455416
456- (B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
457-CONSULTANTS FOR SPECIAL EDUCATION PROGRAM.
417+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
418+INDICATED. 22
458419
459- (2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND
460-SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND
461-CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION.
420+ (2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR 23
421+COMPENSATION , PROVIDES SUPPORT AND GUIDANCE TO A STUDEN T WITH A 24
422+DISABILITY AND T HE PARENTS OF A STUD ENT WITH A DISABILIT Y IN OBTAINING 25
423+SPECIAL EDUCATION SE RVICES IN ACCORDANCE WITH FEDERAL AND STATE LAW 26
424+FROM A PUBLIC AGENCY . 27
425+ 10 SENATE BILL 797
462426
463- (3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE
464-MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
465-VOLUNTEER LAWYERS SERVICE.
466427
467- (II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
468-SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL:
469- WES MOORE, Governor Ch. 170
428+ (II) “ADVOCATE” DOES NOT INCLUDE AN ATTORNEY ACTING IN 1
429+A CAPACITY OF LEGAL COUNSEL TO A STUDENT WITH A DISABILITY IN OBTAINING 2
430+SPECIAL EDUCATION SE RVICES. 3
470431
471-– 11 –
472- 1. ADVERTISE THE PROGRAM;
432+ (2) (I) “ADVOCATE” MEANS AN INDIVIDUAL WHO, FOR 4
433+COMPENSATION , PROVIDES SUPPORT AND GUIDANCE DURING INDI VIDUALIZED 5
434+EDUCATION PROGRAM ME ETINGS, MEDIATION PROCEEDING S, OR DUE PROCESS 6
435+PROCEEDINGS TO : 7
473436
474- 2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND
475-CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE
476-PROVIDED TO ELIGIBLE STUDENTS;
437+ 1. A STUDENT WITH A DISAB ILITY; OR 8
477438
478- 3. COMPILE AND MAINTAIN A REFERRAL LIST OF
479-QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ;
439+ 2. THE PARENT OR GUARDIA N OF A STUDENT WITH A 9
440+DISABILITY. 10
480441
481- 4. DEVELOP CRITERIA TO D ETERMINE THE REQUIRED
482-QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE
483-IN THE PROGRAM;
442+ (II) “ADVOCATE” DOES NOT INCLUDE : 11
484443
485- 5. DEVELOP, IN CONSULTATION WITH THE
486-DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DI RECTORS,
487-DISABILITY RIGHTS AD VOCATES, AND REPRESENTATIVES FROM THE JUDICIARY ,
488-TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL
489-EDUCATION LAW AND PR OCEDURES;
444+ 1. AN ATTORNEY ACTING IN A LEGAL CAPACITY TO 12
445+REPRESENT A STUDENT WITH A DISABILITY; OR 13
490446
491- 6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC
492-AGENCIES THE WRITTEN INFORMATIONAL MATERI ALS REQUIRED TO BE P ROVIDED
493-TO PARENTS UNDER § 8–405 OF THIS SUBTITLE;
447+ 2. A CONSULTANT . 14
494448
495- 5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE
496-NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS
497-SECTION;
449+ (2) (3) “CONSULTANT” MEANS AN INDIVIDUAL WITH A DEGREE OR 15
450+CERTIFICATION IN A F IELD THAT IS DIRECTL Y RELATED TO SPECIAL EDUCATION OR 16
451+RELATED SERVICES WHO SE KNOWLEDGE CAN BE HELPFUL IN DETERMINI NG HOW 17
452+TO MEET A STUDENT ’S SPECIAL EDUCATION NEEDS IN ACCORDANCE WITH FEDERAL 18
453+AND STATE LAW. 19
498454
499- 6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE
500-STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
501-SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE;
455+ (3) (4) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A 20
456+DISABILITY WHOSE PAR ENT HAS: 21
502457
503- 7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N
504-(F) OF THIS SECTION; AND
458+ (I) A HOUSEHOLD INCOME OF NOT MORE THAN 150% OF THAT 22
459+MEETS THE ANNUAL INC OME CRITERIA AS DETE RMINED BY THE MARYLAND LEGAL 23
460+SERVICES CORPORATION INCOME GU IDELINES VOLUNTEER LAWYERS SERVICE OF 24
461+NOT MORE THAN 150% OF THE MARYLAND LEGAL SERVICES CORPORATION INCOME 25
462+GUIDELINES USED BY THE MARYLAND VOLUNTEER LAWYERS SERVICE; AND 26
505463
506- 8. 10. STUDY AND EVALUATE :
464+ (II) MADE AT LEAST ONE ATT EMPT TO RESOLVE A 27
465+DISAGREEMENT WITH A PUBLIC AGENCY REGARD ING THE CHILD ’S SPECIAL 28
466+EDUCATION SERVICES O R PROGRAM. 29
507467
508- A. THE SERVICES PROVIDED BY THE PROGRAM; AND
468+ (4) (5) “FUND” MEANS THE ACCESS TO ATTORNEYS, ADVOCATES, 30
469+AND CONSULTANTS FOR SPECIAL EDUCATION FUND. 31
470+ SENATE BILL 797 11
509471
510- B. RESOURCES NEEDED TO INCREASE THE ACCESS OF
511-ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL
512-EDUCATION MATTERS .
513472
514- (4) (I) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
515-SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR Ch. 170 2024 LAWS OF MARYLAND
473+ (5) (6) “INDIVIDUALIZED EDUCAT ION PROGRAM ” HAS THE SAME 1
474+MEANING AS PROVIDED STATED IN THE FEDERAL INDIVIDUALS WITH DISABILITIES 2
475+EDUCATION ACT. 3
516476
517-– 12 –
518-AUTHORIZE OTHER NONP ROFIT ORGANIZATIONS TO PRO VIDE TO ADVOCATES AN D
519-CONSULTANTS THE TRAI NING DEVELOPED UNDER PARAGRAPH (3)(II)5 OF THIS
520-SUBSECTION.
477+ (6) (7) “PARENT” HAS THE MEANING STAT ED IN § 8–413 OF THIS 4
478+SUBTITLE. 5
521479
522- (II) AN ADVOCATE OR CONSUL TANT SHALL COMPLETE THE
523-TRAINING PROVIDED IN ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS
524-PARAGRAPH TO QUALI FY TO PARTICIPATE IN AND RECEIVE PAYMENT UNDER THE
525-PROGRAM.
480+ (7) (8) “PROGRAM” MEANS THE ACCESS TO ATTORNEYS, 6
481+ADVOCATES, AND CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 7
526482
527- (4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO
528-MEET AT LEAST ONE OF THE FOLLOWING :
483+ (8) (9) “PUBLIC AGENCY” HAS THE MEANING STAT ED IN § 8–413 OF 8
484+THIS SUBTITLE. 9
529485
530- (I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS
531-BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH
532-THE PROPOSAL ;
486+ (B) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 10
487+CONSULTANTS FOR SPECIAL EDUCATION PROGRAM. 11
533488
534- (II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS
535-BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH
536-THE PROPOSAL ;
489+ (2) THE PURPOSE OF THE PROGRAM IS TO DIRECT RESOURCES AND 12
490+SERVICES TO ELIGIBLE STUDENTS TO PROVIDE ACCESS TO LEGAL , ADVOCACY, AND 13
491+CONSULTANT SERVICES AS REQUIRED UNDER TH IS SECTION. 14
537492
538- (III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED O R
539-OTHERWISE REM OVED FROM SCHOOL FOR MORE THAN 10 DAYS;
493+ (3) (I) THE PROGRAM SHALL BE ADMI NISTERED BY THE 15
494+MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 16
495+VOLUNTEER LAWYERS SERVICE. 17
540496
541- (IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING
542-AGAINST THE ELIGIBLE STUDENT OR PARENT ;
497+ (II) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 18
498+SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL: 19
543499
544- (V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR
545-PLACED IN SECLUSION MORE THAN 10 TIMES;
500+ 1. ADVERTISE THE PROGRAM; 20
546501
547- (VI) THE SCHOOL HAS PROP OSED TO ENROLL AN EL IGIBLE
548-STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES
549-WITH THE PROPOSAL ; OR
502+ 2. SEEK QUALIFIED ATTORNEYS, ADVOCATES, AND 21
503+CONSULTANTS INTEREST ED IN BEING INCLUDED ON A REFERRAL LIST T O BE 22
504+PROVIDED TO ELIGIBLE STUDENTS; 23
550505
551- (VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND
552-THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUC ATION
553-NEEDS OF THE E LIGIBLE STUDENT .
506+ 3. COMPILE AND MAINTAIN A REFERRAL LIST OF 24
507+QUALIFIED ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 25
554508
555- (C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE
556-PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE
557-INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR
558-DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE.
559- WES MOORE, Governor Ch. 170
509+ 4. DEVELOP CRITERIA TO DETERMINE THE REQUIR ED 26
510+QUALIFICATIONS OF AT TORNEYS, ADVOCATES, AND CONSULTANTS TO P ARTICIPATE 27
511+IN THE PROGRAM; 28
560512
561-– 13 –
562- (D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND
563-CONSULTANTS FOR SPECIAL EDUCATION FUND.
513+ 5. DEVELOP, IN CONSULTATION WITH THE 29
514+DEPARTMENT , LOCAL SCHOOL SYSTEM SPECIAL EDUCATION DI RECTORS, 30
515+DISABILITY RIGHTS AD VOCATES, AND REPRESENTA TIVES FROM THE JUDIC IARY, 31 12 SENATE BILL 797
564516
565- (2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR
566-FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCE S TO ACCESS
567-LEGAL ASSISTANCE, ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL
568-EDUCATION MATTERS .
569517
570- (3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT
571-SHALL ADMINISTER THE FUND.
518+TRAINING FOR ADVOCAT ES AND CONSULTANTS O N FEDERAL AND STATE SPECIAL 1
519+EDUCATION LAW AND PR OCEDURES; 2
572520
573- (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
574-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
521+ 6. DEVELOP AND DISTRIBUT E TO APPROPRIATE PUB LIC 3
522+AGENCIES THE WRITTEN INFORMATIONAL MATERI ALS REQUIRED TO BE P ROVIDED 4
523+TO PARENTS UNDER § 8–405 OF THIS SUBTITLE; 5
575524
576- (II) THE STATE TREASURER SHALL HOLD THE FUND
577-SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
525+ 5. 7. ENSURE THAT PUBLIC AG ENCIES PROVIDE 6
526+NOTIFICATION OF THE PROGRAM IN ACCORDANCE WITH SUBSECTION (C) OF THIS 7
527+SECTION; 8
578528
579- (5) THE FUND CONSISTS OF :
529+ 6. 8. PROVIDE THE REFERRAL LIST TO ELIGIBLE 9
530+STUDENTS WHO CONTACT THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 10
531+SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE; 11
580532
581- (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE
582-FUND;
533+ 7. 9. COMPILE DATA IN ACCOR DANCE WITH SUBSECTIO N 12
534+(F) OF THIS SECTION; AND 13
583535
584- (II) INTEREST EARNING S;
536+ 8. 10. STUDY AND EVALUATE : 14
585537
586- (III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND
587-CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND
538+ A. THE SERVICES PROVIDED BY THE PROGRAM; AND 15
588539
589- (IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
590-FOR THE BENEFIT OF T HE FUND.
540+ B. RESOURCES NEEDED TO INCREASE THE ACCE SS OF 16
541+ELIGIBLE STUDENTS TO ATTORNEYS, ADVOCATES, AND CONSULTANTS IN S PECIAL 17
542+EDUCATION MATTERS . 18
591543
592- (6) THE FUND MAY BE USED ONLY MARYLAND VOLUNTEER LAWYERS
593-SERVICE MAY USE THE FUND FUND MAY BE USED ONLY FOR:
544+ (4) (I) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 19
545+SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE MAY PROVIDE OR 20
546+AUTHORIZE OTHER NONPROFIT ORGANIZATI ONS TO PROVIDE TO AD VOCATES AND 21
547+CONSULTANTS THE TRAI NING DEVELOPED UNDER PARAGRAPH (3)(II)5 OF THIS 22
548+SUBSECTION. 23
594549
595- (I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY
596-ATTORNEYS, ADVOCATES, AND CONSULTANTS ;
550+ (II) AN ADVOCATE OR CONSUL TANT SHALL COMPLETE THE 24
551+TRAINING PROVIDED IN ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS 25
552+PARAGRAP H TO QUALIFY TO PART ICIPATE IN AND RECEI VE PAYMENT UNDER THE 26
553+PROGRAM. 27
597554
598- (II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN
599-INFORMATIONAL MATERI ALS FOR PARENTS ;
555+ (4) (5) THE PROGRAM MAY SERVE ONL Y ELIGIBLE STUDENTS WHO 28
556+MEET AT LEAST ONE OF THE FOLLOWING : 29
600557
601- (II) (III) OUTREACH AND EDUCATION ACTIVITIES ; AND
558+ (I) A MORE RESTRICTIVE OR LESS RESTRICTIVE PLA CEMENT IS 30
559+BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAGREES WITH 31
560+THE PROPOSAL ; 32
561+ SENATE BILL 797 13
602562
603- (III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND
604-VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL
605-SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE. Ch. 170 2024 LAWS OF MARYLAND
606563
607-– 14 –
564+ (II) A REDUCTION IN INSTRUC TIONAL OR RELATED SE RVICES IS 1
565+BEING PROPOSED FOR T HE ELIGIBLE STUDENT AND THE PARENT DISAG REES WITH 2
566+THE PROPOSAL ; 3
608567
609- (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
610-FUND IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
568+ (III) THE ELIGIBLE STUDENT HAS BEEN SUSPENDED OR 4
569+OTHERWISE REMOVED FR OM SCHOOL FOR MORE T HAN 10 DAYS; 5
611570
612- (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
613-CREDITED TO THE FUND.
571+ (IV) THE SCHOOL HAS REQUES TED A DUE PROCESS HE ARING 6
572+AGAINST THE ELIGIBLE STUDENT OR PARENT ; 7
614573
615- (8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN
616-ACCORDANCE WITH THE STATE BUDGET .
574+ (V) THE ELIGIBLE STUDENT HAS BEEN RESTRAINED OR 8
575+PLACED IN SECLUSION MORE THAN 10 TIMES; 9
617576
618- (9) (I) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL
619-INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000
620-$1,000,000 $2,000,000 $1,000,000 TO THE FUND.
577+ (VI) THE SCHOOL HAS PROPOSED TO ENROLL AN ELIGIBL E 10
578+STUDENT IN AN ALTERN ATIVE EDUCATION PROG RAM AND THE PARENT D ISAGREES 11
579+WITH THE PROPOSAL ; OR 12
621580
622- (II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE
623-PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT :
581+ (VII) THE PARENT’S NATIVE LANGUAGE IS NOT ENGLISH AND 13
582+THE PARENT SEEKS ASS ISTANCE WITH NAVIGAT ING THE SPECIAL EDUC ATION 14
583+NEEDS OF THE ELIGIBL E STUDENT. 15
624584
625- 1. APPROXIMATELY 25% OF THE ANNUAL
626-APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE
627-STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND
585+ (C) ALL PUBLIC AGENCIES S HALL INCLUDE INFORMA TION ABOUT THE 16
586+PROGRAM IN THE PARENT ’S RIGHTS DOCUMENTS D ISTRIBUTED TO FAMILI ES IN THE 17
587+INDIVIDUALIZED EDUCA TION PROGRAM MEETING S AND BEFORE MEDIATI ON OR 18
588+DUE PROCESS HEARINGS UNDER § 8–413 OF THIS SUBTITLE. 19
628589
629- 2. APPROXIMATELY 75% OF THE ANNUAL
630-APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTA TION, OR
631-ADVOCACY OF ELIGIBLE STUDENTS.
590+ (D) (1) THERE IS AN ACCESS TO ATTORNEYS, ADVOCATES, AND 20
591+CONSULTANTS FOR SPECIAL EDUCATION FUND. 21
632592
633- (10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS
634-SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT
635-OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER
636-CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET.
593+ (2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR 22
594+FAMILIES OF ELIGIBLE STUDENTS WITH LIMITE D FINANCIAL RESOURCE S TO ACCESS 23
595+LEGAL ASSISTANCE , ADVOCACY, AND CONSULTATION SER VICES IN SPECIAL 24
596+EDUCATION MATTERS . 25
637597
638- (E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE
639-SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UNDE R THE
640-PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY
641-THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
642-VOLUNTEER LAWYERS SERVICE.
598+ (3) THE MARYLAND VOLUNTEER LAWYERS SERVICE DEPARTMENT 26
599+SHALL ADMINISTER THE FUND. 27
643600
644- (2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS
645-INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER
646-LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS
647-SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER
648-HOUR, TO PROVIDE SERVICES TO THE ELIGIBLE STUD ENT UNDER THE PROGRAM.
649- WES MOORE, Governor Ch. 170
601+ (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 28
602+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 29
650603
651-– 15 –
652- (II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE
653-MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION
654-VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE,
655-OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT
656-DESCRIBED IN PARAGRA PH (3)(II) OF THIS SUBSECTION .
604+ (II) THE STATE TREASURER SHALL HOLD THE FUND 30
605+SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 31
657606
658- (III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A
659-CONSULTANT UNDER THE PROGRAM DO NOT NEED T O BE REPAID TO THE PROGRAM
660-UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND
661-FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT.
607+ (5) THE FUND CONSISTS OF : 32 14 SENATE BILL 797
662608
663- (3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME,
664-FIRST–SERVED BASIS.
665609
666- (II) 1. AN ELIGIBLE STUDENT I S LIMITED TO A LIFET IME
667-MAXIMUM OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM.
668610
669- 2. AN ELIGIBLE STUDENT M AY NOT RECEIVE MORE
670-THAN THE MAXIMUM IND IVIDUAL AMOUNT FOR S ERVICES UNDER THE PROGRAM
671-UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH .
611+ (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 1
612+FUND; 2
672613
673- (F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL
674-SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE
675-FOLLOWING DATA ON AN ANNUAL BASIS:
614+ (II) INTEREST EARNINGS ; 3
676615
677- (I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND;
616+ (III) REIMBURSEMENTS FROM A TTORNEYS, ADVOCATES, AND 4
617+CONSULTANTS DUE TO R ECOUPMENT OF FEES ; AND 5
678618
679- (II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED B Y THE
680-NUMBER OF:
619+ (IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 6
620+FOR THE BENEFIT OF T HE FUND. 7
681621
682- 1. ELIGIBLE STUDENTS SER VED;
622+ (6) THE FUND MAY BE USED ONLY MARYLAND VOLUNTEER LAWYERS 8
623+SERVICE MAY USE THE FUND FUND MAY BE USED ONLY FOR: 9
683624
684- 2. ATTORNEYS WHO PROVIDE D SERVICES;
625+ (I) SERVICES PROVIDED TO ELIGIBLE STUDENTS BY 10
626+ATTORNEYS, ADVOCATES, AND CONSULTANTS ; 11
685627
686- 3. ADVOCATES WHO PROVIDE D SERVICES; AND
628+ (II) DEVELOPMENT AND DISTR IBUTION OF WRITTEN 12
629+INFORMATIONAL MATERI ALS FOR PARENTS ; 13
687630
688- 4. CONSULTANTS WHO PROVI DED SERVICES; AND
631+ (II) (III) OUTREACH AND EDUCATIO N ACTIVITIES; AND 14
689632
690- (III) THE TYPE OF SERVICE THE FUNDS WE RE USED FOR ,
691-INCLUDING MEDIATION , DUE PROCESS HEARINGS , OR COURT PROCEEDINGS , AND
692-LEGAL REPRESENTATION , ADVOCACY, AND CONSULTANCY SERV ICES AMOUNT OF
693-FUNDS DISBURSED DISA GGREGATED BY THE TYP E OF SERVICE, INCLUDING:
694- Ch. 170 2024 LAWS OF MARYLAND
633+ (III) (IV) ADMINISTRATIVE EXPENS ES OF THE MARYLAND 15
634+VOLUNTEER LAWYERS SERVICE DEPARTMENT AND THE MARYLAND LEGAL 16
635+SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE. 17
695636
696-– 16 –
697- 1. DISPUTE RESOLUTION PROCEEDIN GS, INCLUDING
698-MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND
637+ (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 18
638+FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 19
699639
700- 2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING
701-CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND
640+ (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 20
641+CREDITED TO THE FUND. 21
702642
703- (III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND
704-DUE TO RECOUPMENT OF FEES.
643+ (8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 22
644+ACCORDANCE WITH THE STATE BUDGET . 23
705645
706- (2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1
707-THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES
708-CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION
709-COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION AND SUBMIT A REPORT
710-TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE
711-GOVERNMENT ARTICLE.
646+ (9) (I) BEGINNING IN F ISCAL YEAR 2026, THE GOVERNOR SHALL 24
647+INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $2,000,000 25
648+$1,000,000 $2,000,000 $1,000,000 TO THE FUND. 26
712649
713- (G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES
714-CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES A ND
715-PROCEDURES TO CARRY OUT THIS SE CTION.
650+ (II) EXCLUDING EXPENDITURE S FOR ADMINISTERING THE 27
651+PROGRAM, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT : 28
652+ SENATE BILL 797 15
716653
717-Article – State Finance and Procurement
718654
719-6–226.
655+ 1. APPROXIMATELY 25% OF THE ANNUAL 1
656+APPROPRIATION BE USE D FOR PROVIDING REPR ESENTATION OF ELIGIB LE 2
657+STUDENTS IN DUE PROC ESS HEARINGS AND COU RT PROCEEDINGS ; AND 3
720658
721- (a) (2) (i) Notwithstanding any other provision of law, and unless
722-inconsistent with a federal law, grant agreement, or other federal requirement or with the
723-terms of a gift or settlement agreement, net interest on all State money allocated by the
724-State Treasurer under this section to special funds or accounts, and otherwise entitled to
725-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
726-Fund of the State.
659+ 2. APPROXIMATELY 75% OF THE ANNUAL 4
660+APPROPRIATION BE USE D FOR PROVIDING CONS ULTATION, REPRESENTATION , OR 5
661+ADVOCACY OF ELIGIBLE STUDENTS. 6
727662
728- (ii) The provisions of subparagraph (i) of this paragraph do not apply
729-to the following funds:
663+ (10) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 7
664+SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 8
665+OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM OR FOR ANY OT HER 9
666+CIVIL LEGAL SERVICES FUNDED IN THE STATE’S ANNUAL OPERATING B UDGET. 10
730667
731- 189. the Teacher Retention and Development Fund; [and]
668+ (E) (1) AN ELIGIBLE STUDENT W HO IS INTERESTED IN SECURING THE 11
669+SERVICES OF AN ATTOR NEY, AN ADVOCATE , OR A CONSULTANT UN DER THE 12
670+PROGRAM SHALL REGISTE R WITH AND PROVIDE A NY INFORMATION REQUI RED BY 13
671+THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 14
672+VOLUNTEER LAWYERS SERVICE. 15
732673
733- 190. the Protecting Against Hate Crimes Grant Fund; AND
674+ (2) (I) AN ATTORNEY, AN ADVOCATE , OR A CONSULTANT WHO IS 16
675+INCLUDED ON THE REFE RRAL LIST MAINTAINED BY THE MARYLAND VOLUNTEER 17
676+LAWYERS SERVICE LEGAL SERVICES CORPORATION VOLUNTEER LAWYERS 18
677+SERVICE MAY RECEIVE THE INDI VIDUAL’S CUSTOMARY RATE , UP TO $200 PER 19
678+HOUR, TO PROVIDE SERVICES TO TH E ELIGIBLE STUDENT U NDER THE PROGRAM. 20
734679
735- 191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND
736-CONSULTANTS FOR SPECIAL EDUCATION FUND.
680+ (II) ON QUARTERLY SUBMISSI ON OF PROOF OF SERVI CES, THE 21
681+MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES CORPORATION 22
682+VOLUNTEER LAWYERS SERVICE SHALL DIRECTLY PAY T HE ATTORNEY , ADVOCATE, 23
683+OR CONSULTANT ON BEH ALF OF THE ELIGIBLE STUDENT UP TO THE LIMIT 24
684+DESCRIBED IN PARAGRA PH (3)(II) OF THIS SUBSECTION . 25
737685
738- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
739-October July 1, 2024.
740- WES MOORE, Governor Ch. 170
686+ (III) FUNDS RECEIVED BY AN ATTORNEY, AN ADVOCATE , OR A 26
687+CONSULTANT UNDER THE PROGRAM DO NOT NEED TO BE REPAID TO THE PROGRAM 27
688+UNLESS THE ELIGIBLE STUDENT IS THE PREVA ILING PARTY IN A PRO CEEDING AND 28
689+FEES HAVE BEEN AWARD ED TO THE ELIGIBLE S TUDENT. 29
741690
742-– 17 –
743-Approved by the Governor, April 25, 2024.
691+ (3) (I) PROGRAM FUNDS SHALL B E ALLOCATED ON A FIR ST–COME, 30
692+FIRST–SERVED BASIS. 31
693+
694+ (II) 1. AN ELIGIBLE STUDENT IS LIMITED TO A LIFETIME 32
695+MAXIMUM OF $20,000 OF SERVICES PROVIDED UNDER THE PROGRAM. 33
696+ 16 SENATE BILL 797
697+
698+
699+ 2. AN ELIGIBLE STUDENT M AY NOT RECEIVE MORE 1
700+THAN THE MAXIMUM IND IVIDUAL AMOUNT FOR S ERVICES UNDER THE PROGRAM 2
701+UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH . 3
702+
703+ (F) (1) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL 4
704+SERVICES CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COLLECT THE 5
705+FOLLOWING DATA ON AN ANNUAL BASIS: 6
706+
707+ (I) TOTAL AMOUNT OF FUNDS DISBURSED FROM THE FUND; 7
708+
709+ (II) AMOUNT OF FUNDS DISBU RSED DISAGGREGATED BY THE 8
710+NUMBER OF: 9
711+
712+ 1. ELIGIBLE STUDENTS SER VED; 10
713+
714+ 2. ATTORNEYS WHO PROVIDE D SERVICES; 11
715+
716+ 3. ADVOCATES WHO PROVIDE D SERVICES; AND 12
717+
718+ 4. CONSULTANTS WHO PROVI DED SERVICES; AND 13
719+
720+ (III) THE TYPE OF SERVICE THE FUNDS WERE USED FOR , 14
721+INCLUDING MEDIATION , DUE PROCESS HEARINGS , OR COURT PROCEEDINGS , AND 15
722+LEGAL REPRESENTATION , ADVOCACY, AND CONSULTANCY SERV ICES AMOUNT OF 16
723+FUNDS DISBURSED DISA GGREGATED BY THE TYP E OF SERVICE, INCLUDING: 17
724+
725+ 1. DISPUTE RESOLUTION PR OCEEDINGS, INCLUDING 18
726+MEDIATION, DUE PROCESS HEARINGS , AND COURT PROCEEDING S; AND 19
727+
728+ 2. ASSISTANCE AND SUPPOR T SERVICES, INCLUDING 20
729+CONSULTANCY , ADVOCACY, AND LEGAL CONSULTANC Y SERVICES; AND 21
730+
731+ (III) (IV) THE AMOUNT OF MONEY R ETURNED TO THE FUND 22
732+DUE TO RECOUPMENT OF FEES. 23
733+
734+ (2) ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 24
735+THEREAFTER , THE MARYLAND VOLUNTEER ATTORNEYS SERVICE LEGAL SERVICES 25
736+CORPORATION VOLUNTEER LAWYERS SERVICE SHALL COMPILE THE IN FORMATION 26
737+COLLECTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND SUBMIT A REPORT 27
738+TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 28
739+GOVERNMENT ARTICLE. 29
740+ SENATE BILL 797 17
741+
742+
743+ (G) THE MARYLAND VOLUNTEER LAWYERS SERVICE LEGAL SERVICES 1
744+CORPORATION VOLUNTEER LAWYERS SERVICE MAY ADOPT POLICIES A ND 2
745+PROCEDURES TO CARRY OUT THIS SECTION . 3
746+
747+Article – State Finance and Procurement 4
748+
749+6–226. 5
750+
751+ (a) (2) (i) Notwithstanding any other provision of law, and unless 6
752+inconsistent with a federal law, grant agreement, or other federal requirement or with the 7
753+terms of a gift or settlement agreement, net interest on all State money allocated by the 8
754+State Treasurer under this section to special funds or accounts, and otherwise entitled to 9
755+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 10
756+Fund of the State. 11
757+
758+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 12
759+to the following funds: 13
760+
761+ 189. the Teacher Retention and Development Fund; [and] 14
762+
763+ 190. the Protecting Against Hate Crimes Grant Fund; AND 15
764+
765+ 191. THE ACCESS TO ATTORNEYS, ADVOCATES, AND 16
766+CONSULTANTS FOR SPECIAL EDUCATION FUND. 17
767+
768+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
769+October July 1, 2024. 19
770+
771+
772+
773+
774+Approved:
775+________________________________________________________________________________
776+ Governor.
777+________________________________________________________________________________
778+ President of the Senate.
779+________________________________________________________________________________
780+ Speaker of the House of Delegates.