Maryland 2025 Regular Session

Maryland House Bill HB1383 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		hb1383
9	6
10	7		HOUSE BILL 1383
11	8		F1 5lr3187
12	9
13	10		By: Delegates Miller, Bouchat, Buckel, Griffith, Hornberger, McComas, Roberson,
14	11		Rose, Tomlinson, Vogel, and Young
15	12		Introduced and read first time: February 7, 2025
16	13		Assigned to: Ways and Means
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 6, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		State Board of Education – Online Special Education System – Technical 2
26	20		Requirements 3
27	21
28	22		FOR the purpose of requiring the State Board of Education to adopt regulations concerning 4
29	23		minimum functional and technical requirements to ensure optimal performance of 5
30	24		the State’s online special education system, including the Maryland Online 6
31	25		Individualized Education Program and the Maryland Online Individualized Family 7
32	26		Service Plan; directing the State Department of Education to study minimum 8
33	27		functional and technical requirements to ensure optimal performance of the State’s 9
34	28		online special education system and report the results of the study to the State Board 10
35	29		on or before a certain date; requiring the State Board, on or before a certain date, to 11
36	30		report to the Governor and the General Assembly on the results of the study and the 12
37	31		status of certain proposed regulations; and generally relating to the State’s online 13
38	32		special education system. 14
39	33
40	34		BY repealing and reenacting, with amendments, 15
41	35		Article – Education 16
42	36		Section 8–404 17
43	37		Annotated Code of Maryland 18
44	38		(2022 Replacement Volume and 2024 Supplement) 19
45	39
46	40		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
47	41		That the Laws of Maryland read as follows: 21
48		-	2 HOUSE BILL 1383
	42	+
	43	+	Article – Education 22
	44	+
	45	+	8–404. 23
	46	+
	47	+	(a) The State Board shall adopt, as regulations, standards for the identification, 24
	48	+	evaluation, educational placement, and the provision of a free appropriate public education 25 2 HOUSE BILL 1383
49	49
50	50
51		-	Article – Education 1
	51	+	of each child in this State who has begun the school year under the age of 21 and is found 1
	52	+	to need special education and related services, whether or not the child is receiving 2
	53	+	nonduplicative services from another governmental agency. 3
52	54
53		-	8–404. 2
	55	+	(b) Before these standards are adopted, the State Board shall consult with public 4
	56	+	and private agencies and persons who are concerned with and knowledgeable about the 5
	57	+	educational needs of children with disabilities who require special education and related 6
	58	+	services. 7
54	59
55		-	(a) The State Board shall adopt, as regulations, standards for the identification, 3
56		-	evaluation, educational placement, and the provision of a free appropriate public education 4
57		-	of each child in this State who has begun the school year under the age of 21 and is found 5
58		-	to need special education and related services, whether or not the child is receiving 6
59		-	nonduplicative services from another governmental agency. 7
	60	+	(c) The standards for the education of a child with a disability who is enrolled in 8
	61	+	a school that is operated by an agency other than a local school system may not be lower 9
	62	+	than the standards for the education of a child with a disability who is enrolled in a school 10
	63	+	that is operated by a local school system. The standards for the approval of schools located 11
	64	+	in jurisdictions outside Maryland shall be the same as standards applicable to the approval 12
	65	+	of schools within Maryland. However, no school located in a jurisdiction outside Maryland 13
	66	+	shall be approved if the charges for pupils approved by the Department are higher than 14
	67	+	charges for pupils from any other state for the same services, unless waived by the State 15
	68	+	Superintendent. 16
60	69
61		-	(b) Before these standards are adopted, the State Board shall consult with public 8
62		-	and private agencies and persons who are concerned with and knowledgeable about the 9
63		-	educational needs of children with disabilities who require special education and related 10
64		-	services. 11
	70	+	(d) The standards shall include: 17
65	71
66		-	(c) The standards for the education of a child with a disability who is enrolled in 12
67		-	a school that is operated by an agency other than a local school system may not be lower 13
68		-	than the standards for the education of a child with a disability who is enrolled in a school 14
69		-	that is operated by a local school system. The standards for the approval of schools located 15
70		-	in jurisdictions outside Maryland shall be the same as standards applicable to the approval 16
71		-	of schools within Maryland. However, no school located in a jurisdiction outside Maryland 17
72		-	shall be approved if the charges for pupils approved by the Department are higher than 18
73		-	charges for pupils from any other state for the same services, unless waived by the State 19
74		-	Superintendent. 20
	72	+	(1) The required qualifications for teachers, administrators, and other 18
	73	+	professionals serving a child with a disability; 19
75	74
76		-	(d) The standards shall include: 21
	75	+	(2) Procedures for the identification, evaluation, educational placement, 20
	76	+	and provision of a free appropriate public education for a child with a disability who 21
	77	+	requires the provision of special education and related services; 22
77	78
78		-	(1) The required qualifications for teachers, administrators, and other 22
79		-	professionals serving a child with a disability; 23
	79	+	(3) Guidelines for curricula, instructional materials, equipment, and the 23
	80	+	organization, administration, and supervision of the program, including accounting, 24
	81	+	auditing, and reporting procedures; 25
80	82
81		-	(2) Procedures for the identification, evaluation, educational placement, 24
82		-	and provision of a free appropriate public education for a child with a disability who 25
83		-	requires the provision of special education and related services; 26
	83	+	(4) MINIMUM FUNCTIONAL AND TECHNICAL REQUIREMENTS TO 26
	84	+	ENSURE OPTIMAL PERFO RMANCE OF THE STATE’S ONLINE SPECIAL EDU CATION 27
	85	+	SYSTEM, INCLUDING THE MARYLAND ONLINE INDIVIDUALIZED EDUCATION 28
	86	+	PROGRAM AND THE MARYLAND ONLINE INDIVIDUALIZED FAMILY SERVICE PLAN; 29
84	87
85		-	(3) ~~Guidelines~~ for ~~curricula~~, ~~instructional materials, equipment~~, and ~~the 27~~
86		-	~~organization, administration,~~ ~~and supervision of~~ the ~~program, including accounting, 28~~
87		-	~~auditing, and reporting procedures~~; 29
	88	+	[(4)] (5) Provisions for local, regional, and State day and residential 30
	89	+	centers for children with disabilities who cannot be served appropriately in the public 31
	90	+	schools; 32
88	91
89		-	(4) MINIMUM FUNCTIONAL AN D TECHNICAL REQUIREM ENTS TO 30
90		-	ENSURE OPTIMAL PERFO RMANCE OF THE STATE’S ONLINE SPECIAL EDU CATION 31
91		-	SYSTEM, INCLUDING THE MARYLAND ONLINE INDIVIDUALIZED EDUCATION 32
92		-	PROGRAM AND THE MARYLAND ONLINE INDIVIDUALIZED FAMILY SERVICE PLAN; 33
	92	+	[(5)] (6) Coordination of these special education services with services 33
	93	+	given by any other government agency; and 34
93	94
94		-	[(4)] (5) Provisions for local, regional, and State day and residential 34
95		-	centers for children with disabilities who cannot be served appropriately in the public 35
96		-	schools; 36
97		-	HOUSE BILL 1383 3
	95	+	[(6)] (7) Guidelines for approval of placement in nonpublic schools or 35
	96	+	facilities if appropriate public services are not available. 36 HOUSE BILL 1383 3
98	97
99	98
100		-	[(5)] (6) Coordination of these special education services with services 1
101		-	given by any other government agency; and 2
102	99
103		-	[(6)] (7) Guidelines for approval of placement in nonpublic schools or 3
104		-	facilities if appropriate public services are not available. 4
	100	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 1
105	101
106		-	SECTION 2. AND BE IT FURTHER ENACTED, That: 5
	102	+	(a) The State Department of Education shall study minimum functional and 2
	103	+	technical requirements to ensure optimal performance of the State’s online special 3
	104	+	education system, including the Maryland Online Individualized Education Program and 4
	105	+	the Maryland Online Individualized Family Service Plan, to implement the State Board of 5
	106	+	Education’s regulatory requirements under § 8–404(d)(4) of the Education Article, as 6
	107	+	enacted by Section 1 of this Act. 7
107	108
108		-	(a) The State Department of Education shall study minimum functional and 6
109		-	technical requirements to ensure optimal performance of the State’s online special 7
110		-	education system, including the Maryland Online Individualized Education Program and 8
111		-	the Maryland Online Individualized Family Service Plan, to implement the State Board of 9
112		-	Education’s regulatory requirements under § 8–404(d)(4) of the Education Article, as 10
113		-	enacted by Section 1 of this Act. 11
	109	+	(b) In conducting the study required under subsection (a) of this section, the State 8
	110	+	Department of Education shall: 9
114	111
115		-	(b) In conducting the study required under subsection (a) of this section, the State 12
116		-	Department of Education shall: 13
	112	+	(1) ensure that the State’s online special education system is: 10
117	113
118		-	(1) ensure that the State’s online special education system is: 14
	114	+	(i) a secure, user–friendly, and web–based platform that serves as a 11
	115	+	dynamic tool to allow real–time monitoring of student demographic and disability 12
	116	+	information for use by family, teachers, staff, and administrators to help students thrive; 13
119	117
120		-	(i) a secure, user–friendly, and web–based platform that serves as a 15
121		-	dynamic tool to allow real–time monitoring of student demographic and disability 16
122		-	information for use by family, teachers, staff, and administrators to help students thrive; 17
	118	+	(ii) capable of tracking important events and deadlines to notify all 14
	119	+	stakeholders of important information and developments related to a student; 15
123	120
124		-	(ii) ~~capable~~ of ~~tracking important events and deadlines to notify all 18~~
125		-	~~stakeholders of important information and developments~~ related to a student; 19
	121	+	(iii) able to store, allow access to, and allow for the processing of 16
	122	+	documents related to a student; 17
126	123
127		-	(~~iii~~) ~~able~~ to ~~store, allow access to,~~ and ~~allow for the processing of 20~~
128		-	~~documents related~~ to ~~a student~~; 21
	124	+	(iv) adaptable to short–term and long–term updates and changes 18
	125	+	necessary to address the system’s growing and evolving needs; and 19
129	126
130		-	(iv) ~~adaptable to short–term~~ and ~~long–term updates~~ and ~~changes 22~~
131		-	~~necessary to address the system’s growing~~ and ~~evolving needs;~~ and 23
	127	+	(v) compliant with all relevant federal and State laws and 20
	128	+	regulations, including federal and State privacy laws and regulations; 21
132	129
133		-	(v) ~~compliant with all relevant federal and~~ State ~~laws and 24~~
134		-	~~regulations, including federal~~ and ~~State privacy laws and regulations; 25~~
	130	+	(2) perform a technical review of the State’s online special education 22
	131	+	system; and 23
135	132
136		-	(2) ~~perform a technical review~~ of ~~the State’s online special education 26~~
137		-	~~system; and 27~~
	133	+	(3) compare the results of the technical review under item (2) of this 24
	134	+	subsection with other systems currently available. 25
138	135
139		-	(3) ~~compare~~ the ~~results~~ of ~~the technical review under item (2) of this 28~~
140		-	~~subsection with other systems currently available~~. 29
	136	+	(c) On or before October 1, 2025, the State Department of Education shall report 26
	137	+	the results of the study to the State Board of Education. 27
141	138
142		-	(c) On or before October 1, 2025, the State Department of Education shall report 30
143		-	the results of the study to the State Board of Education. 31
	139	+	(d) On or before December 1, 2025, the State Board of Education shall report to 28
	140	+	the Governor and, in accordance with § 2–1257 of the State Government Article, the 29
	141	+	General Assembly on: 30
	142	+
	143	+	(1) the results of the study; and 31
144	144		4 HOUSE BILL 1383
145	145
146	146
147		-	(d) On or before December 1, 2025, the State Board of Education shall report to 1
148		-	the Governor and, in accordance with § 2–1257 of the State Government Article, the 2
149		-	General Assembly on: 3
	147	+	(2) the status of proposed regulations to implement the standards required 1
	148	+	under § 8–404(d)(4) of the Education Article, as enacted by Section 1 of this Act. 2
150	149
151		-	(1) the results of the study; and 4
	150	+	(e) Nothing in this section shall be construed to alter the duties of the State Board 3
	151	+	of Education under the Administrative Procedure Act. 4
152	152
153		-	(2) the status of proposed regulations to implement the standards required 5
154		-	under § 8–404(d)(4) of the Education Article, as enacted by Section 1 of this Act. 6
155		-
156		-	(e) Nothing in this section shall be construed to alter the duties of the State Board 7
157		-	of Education under the Administrative Procedure Act. 8
158		-
159		-	SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
160		-	July 1, 2025. 10
161		-
162		-
163		-
164		-
165		-	Approved:
166		-	________________________________________________________________________________
167		-	Governor.
168		-	________________________________________________________________________________
169		-	Speaker of the House of Delegates.
170		-	________________________________________________________________________________
171		-	President of the Senate.
	153	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
	154	+	1, 2025. 6