EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0464*
HOUSE BILL 464
F1, O3 5lr1779
CF 5lr1780
By: Delegates Kaufman, Acevero, Arikan, Cardin, Conaway, Edelson, Feldmark,
Foley, Forbes, A. Johnson, Lehman, Lopez, Nkongolo, Patterson,
Pena–Melnyk, Phillips, Queen, Roberson, Rosenberg, Ruff, Schindler,
Shetty, Simpson, Solomon, Spiegel, Wims, Woods, and Woorman
Introduced and read first time: January 20, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Special Education – Individualized Education Program Meetings – Secondary 2
Transition Planning Materials 3
FOR the purpose of requiring a local school system to provide information regarding certain 4
secondary transition services to the parents of a child with a disability at certain 5
individualized education program meetings; and generally relating to individualized 6
education programs for children with disabilities. 7
BY repealing and reenacting, without amendments, 8
Article – Education 9
Section 8–405(a)(1) and (4), (b)(1), and (j) and 21–305(a)(1), (3), and (4) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 8–405(b)(2) and (3) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
8–405. 21
(a) (1) In this section the following words have the meanings indicated. 22 2 HOUSE BILL 464
(4) “Individualized education program” and “individualized family service 1
plan” have the same meaning as provided in the federal Individuals with Disabilities 2
Education Act. 3
(b) (1) When a team of qualified professionals and the parents meet for the 4
purpose of discussing the identification, evaluation, educational program, or the provision 5
of a free appropriate public education of a child with a disability: 6
(i) The parents of the child shall be afforded the opportunity to 7
participate and shall be provided reasonable notice in advance of the meeting; and 8
(ii) Reasonable notice shall be at least 10 calendar days in advance 9
of the meeting, unless an expedited meeting is being conducted to: 10
1. Address disciplinary issues; 11
2. Determine the placement of the child with a disability not 12
currently receiving educational services; or 13
3. Meet other urgent needs of a child with a disability to 14
ensure the provision of a free appropriate public education. 15
(2) (i) 1. At the initial evaluation meeting, the parents of the child 16
shall be provided: 17
A. In plain language, an oral and written explanation of the 18
parents’ rights and responsibilities in the individualized education program process and a 19
program procedural safeguards notice; 20
B. Written information that the parents may use to contact 21
early intervention and special education family support services staff members within the 22
local school system and a brief description of the services provided by the staff members; 23
C. Written information on the Special Education 24
Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the 25
State Government Article; 26
D. Written information about the Access to Attorneys, 27
Advocates, and Consultants for Special Education Program established under § 8–413.1 of 28
this subtitle; [and] 29
E. Written informational materials regarding the Maryland 30
ABLE Program provided under § 18–19C–03(a)(2) of this article; AND 31
F. WRITTEN INFORMATION ABOUT TRANSITION 32
SERVICES, AS DEFINED IN § 21–305 OF THIS ARTICLE , TO ASSIST IN SECONDA RY 33 HOUSE BILL 464 3
TRANSITION PLANNING FOR A CHILD WITH AN INDIVIDUALIZ ED EDUCATION 1
PROGRAM . 2
2. At least one time each year [at]: 3
A. AT an individualized education program or individualized 4
family service plan team meeting, the parents of the child shall be provided with the written 5
informational materials described under subsubparagraph 1E of this subparagraph; AND 6
B. BEGINNING THE YEAR THAT A CHILD WITH AN 7
INDIVIDUALIZED EDUCA TION PROGRAM TURNS 14 YEARS OLD, THE PARENTS OF 8
THE CHILD SHALL BE P ROVIDED WITH THE WRITTEN MAT ERIALS DESCRIBED UNDER 9
SUBSUBPARAGRAPH 1F OF THIS SUBPARAGRAPH AT A TEAM MEETING . 10
3. If a parent’s native language is not English, the 11
information in subsubparagraph 1B, C, D, [and] E, AND F of this subparagraph shall be 12
provided to the parent in the parent’s native language. 13
(ii) The parents may request the information provided under 14
subparagraph (i) of this paragraph at any subsequent meeting. 15
(iii) If a child who has an individualized education program 16
developed in another school system moves into a different local school system, that local 17
school system shall provide the information required under subparagraph (i)1B, C, D, [and] 18
E, AND F of this paragraph at the time of the first written communication with the parents 19
regarding the child’s individualized education program or special education services. 20
(iv) A local school system shall publish information that a parent 21
may use to contact early intervention and special education family support services staff 22
members within the local school system and a brief description of the services provided by 23
the staff members in a prominent place on the section of its website relating to special 24
education services. 25
(3) Failure to provide the information required under paragraph (2)(i)1B, 26
C, D, [and] E, AND F of this subsection does not constitute grounds for a due process 27
complaint under § 8–413 of this subtitle. 28
(j) The Department shall adopt: 29
(1) Regulations that define what information should be provided in the 30
verbal and written explanations of the parents’ rights and responsibilities in the 31
individualized education program process; and 32
(2) Any other regulations necessary to carry out subsection (b)(2) and (4) of 33
this section. 34
4 HOUSE BILL 464
21–305. 1
(a) (1) In this section the following words have the meanings indicated. 2
(3) “Transition services” means a coordinated set of activities for a student 3
with a disability who meets the definition of a transitioning student that promotes 4
movement from school to postschool activities, including postsecondary education, 5
vocational training, integrated employment, supported employment, adult services, 6
independent living, and community participation. 7
(4) “Transitioning student” means a student with a disability who is 8
between the ages of 14 and 21 years who meets the eligibility criteria of the federal 9
Individuals with Disabilities Education Act or § 7 of the federal Rehabilitation Act. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2025. 12