EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1383*
HOUSE BILL 1383
F1 5lr3187
By: Delegates Miller, Bouchat, Buckel, Griffith, Hornberger, McComas, Roberson,
Rose, Tomlinson, Vogel, and Young
Introduced and read first time: February 7, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
State Board of Education – Online Special Education System – Technical 2
Requirements 3
FOR the purpose of requiring the State Board of Education to adopt regulations concerning 4
minimum functional and technical requirements to ensure optimal performance of 5
the State’s online special education system, including the Maryland Online 6
Individualized Education Program and the Maryland Online Individualized Family 7
Service Plan; directing the State Department of Education to study minimum 8
functional and technical requirements to ensure optimal performance of the State’s 9
online special education system and report the results of the study to the State Board 10
on or before a certain date; requiring the State Board, on or before a certain date, to 11
report to the Governor and the General Assembly on the results of the study and the 12
status of certain proposed regulations; and generally relating to the State’s online 13
special education system. 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 8–404 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
8–404. 23
(a) The State Board shall adopt, as regulations, standards for the identification, 24
evaluation, educational placement, and the provision of a free appropriate public education 25 2 HOUSE BILL 1383
of each child in this State who has begun the school year under the age of 21 and is found 1
to need special education and related services, whether or not the child is receiving 2
nonduplicative services from another governmental agency. 3
(b) Before these standards are adopted, the State Board shall consult with public 4
and private agencies and persons who are concerned with and knowledgeable about the 5
educational needs of children with disabilities who require special education and related 6
services. 7
(c) The standards for the education of a child with a disability who is enrolled in 8
a school that is operated by an agency other than a local school system may not be lower 9
than the standards for the education of a child with a disability who is enrolled in a school 10
that is operated by a local school system. The standards for the approval of schools located 11
in jurisdictions outside Maryland shall be the same as standards applicable to the approval 12
of schools within Maryland. However, no school located in a jurisdiction outside Maryland 13
shall be approved if the charges for pupils approved by the Department are higher than 14
charges for pupils from any other state for the same services, unless waived by the State 15
Superintendent. 16
(d) The standards shall include: 17
(1) The required qualifications for teachers, administrators, and other 18
professionals serving a child with a disability; 19
(2) Procedures for the identification, evaluation, educational placement, 20
and provision of a free appropriate public education for a child with a disability who 21
requires the provision of special education and related services; 22
(3) Guidelines for curricula, instructional materials, equipment, and the 23
organization, administration, and supervision of the program, including accounting, 24
auditing, and reporting procedures; 25
(4) MINIMUM FUNCTIONAL AND TECHNICAL REQUIREMENTS TO 26
ENSURE OPTIMAL PERFO RMANCE OF THE STATE’S ONLINE SPECIAL EDU CATION 27
SYSTEM, INCLUDING THE MARYLAND ONLINE INDIVIDUALIZED EDUCATION 28
PROGRAM AND THE MARYLAND ONLINE INDIVIDUALIZED FAMILY SERVICE PLAN; 29
[(4)] (5) Provisions for local, regional, and State day and residential 30
centers for children with disabilities who cannot be served appropriately in the public 31
schools; 32
[(5)] (6) Coordination of these special education services with services 33
given by any other government agency; and 34
[(6)] (7) Guidelines for approval of placement in nonpublic schools or 35
facilities if appropriate public services are not available. 36 HOUSE BILL 1383 3
SECTION 2. AND BE IT FURTHER ENACTED, That: 1
(a) The State Department of Education shall study minimum functional and 2
technical requirements to ensure optimal performance of the State’s online special 3
education system, including the Maryland Online Individualized Education Program and 4
the Maryland Online Individualized Family Service Plan, to implement the State Board of 5
Education’s regulatory requirements under § 8–404(d)(4) of the Education Article, as 6
enacted by Section 1 of this Act. 7
(b) In conducting the study required under subsection (a) of this section, the State 8
Department of Education shall: 9
(1) ensure that the State’s online special education system is: 10
(i) a secure, user–friendly, and web–based platform that serves as a 11
dynamic tool to allow real–time monitoring of student demographic and disability 12
information for use by family, teachers, staff, and administrators to help students thrive; 13
(ii) capable of tracking important events and deadlines to notify all 14
stakeholders of important information and developments related to a student; 15
(iii) able to store, allow access to, and allow for the processing of 16
documents related to a student; 17
(iv) adaptable to short–term and long–term updates and changes 18
necessary to address the system’s growing and evolving needs; and 19
(v) compliant with all relevant federal and State laws and 20
regulations, including federal and State privacy laws and regulations; 21
(2) perform a technical review of the State’s online special education 22
system; and 23
(3) compare the results of the technical review under item (2) of this 24
subsection with other systems currently available. 25
(c) On or before October 1, 2025, the State Department of Education shall report 26
the results of the study to the State Board of Education. 27
(d) On or before December 1, 2025, the State Board of Education shall report to 28
the Governor and, in accordance with § 2–1257 of the State Government Article, the 29
General Assembly on: 30
(1) the results of the study; and 31
4 HOUSE BILL 1383
(2) the status of proposed regulations to implement the standards required 1
under § 8–404(d)(4) of the Education Article, as enacted by Section 1 of this Act. 2
(e) Nothing in this section shall be construed to alter the duties of the State Board 3
of Education under the Administrative Procedure Act. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2025. 6