EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0531*
HOUSE BILL 531
F2 5lr2119
By: Delegates Simmons, A. Johnson, and Taylor
Introduced and read first time: January 22, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Education – Remote Learning Accommodations – Established 2
(College Disability Education Act) 3
FOR the purpose of requiring all public institutions of higher education to establish remote 4
learning accommodations for certain students beginning in a certain academic year; 5
authorizing the Maryland Higher Education Commission to issue waivers from the 6
requirement to establish remote learning accommodations for certain students; 7
establishing a grant program to assist public institutions of higher education to meet 8
the remote learning accommodations requirement; providing for certain review 9
procedures and penalties for noncompliance; and generally relating to remote 10
learning accommodations at public institutions of higher education. 11
BY adding to 12
Article – Education 13
Section 15–140 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
15–140. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) (I) “DISABILITY” MEANS A PHYSICAL OR MENTAL CONDITION 23
THAT IMPEDES REGULAR , IN–PERSON ATTENDANCE . 24 2 HOUSE BILL 531
(II) “DISABILITY” INCLUDES: 1
1. CHRONIC ILLNESS ; AND 2
2. AUTOIMMUNE CONDITIONS . 3
(3) “ELIGIBLE STUDENT ” MEANS A STUDENT WITH A DISABILITY WHO 4
HAS DOCUMENTATION FR OM A LICENSED HEALTH CARE PROVIDER THAT T HE 5
STUDENT NEEDS ACCOMMODATIONS FOR THE DISABILI TY. 6
(4) “REMOTE LEARNING ” MEANS EDUCATIONAL IN STRUCTION THAT 7
IS DELIVERED ONLINE OR THROUGH DIGITAL M ETHODS THAT ALLOW A STUDENT TO 8
ACCESS COURSES FROM AN OFF–CAMPUS LOCATION . 9
(B) (1) EXCEPT AS PROVIDED UNDER SUBSECTION (C) OF THIS SECTION, 10
BEGINNING IN THE 2026–2027 ACADEMIC YEAR , ALL PUBLIC INSTITUTIO NS OF 11
HIGHER EDUCATION IN THE STATE SHALL ESTABLISH REMOTE LEARNING 12
ACCOMMODATIONS FOR ELIGIBLE STUDENT S IN ACCORDANCE WITH THIS SECTION. 13
(2) REMOTE LEARNING ACCOM MODATIONS INCLUDE : 14
(I) LIVESTREAMED CLASSES ; 15
(II) RECORDED CLASSES ; 16
(III) VIRTUAL OFFICE HOURS ; AND 17
(IV) REMOTE ACCESS TO ACAD EMIC RESOURCES . 18
(3) PUBLIC INSTITUTION S OF HIGHER EDUCATION HAVE DISCRETION 19
AS TO THE SPECIFIC S OFTWARE PLATFORMS US ED TO PROVIDE REMOTE LEARNING 20
ACCOMMODATIONS . 21
(4) EACH YEAR PUBLIC INSTITUTIONS O F HIGHER EDUCATION S HALL 22
SURVEY ELIGIBLE STUD ENTS ON THE EFFECTIVENESS OF THE REMOTE LEARNING 23
ACCOMMODATIONS AND W HETHER THE ELIGIBLE STUDENT S ARE SATISFIED. 24
(C) (1) ON APPLICATION FROM A PUBLIC INSTITUTION O F HIGHER 25
EDUCATION, THE COMMISSION MAY ISSUE A WAIVER FROM THE RE QUIREMENTS OF 26
THIS SECTION IN THE FOLLOWING CIRCUMSTAN CES: 27
HOUSE BILL 531 3
(I) FINANCIAL HARD SHIP AS DESCRIBED IN PARAGRAPH (2) OF 1
THIS SUBSECTION ; 2
(II) A PUBLIC INSTITUTION OF HIGHER EDUCATION THAT IS 3
LOCATED IN A RURAL A REA AS DESCRIBED IN PARAGRAPH (3) OF THIS SUBSECTION ; 4
AND 5
(III) A PUBLIC INSTITUTION OF HIGHER EDUCATION THA T IS 6
NEWLY ESTABLISHED AS DESCRIBED IN PARAGRA PH (4) OF THIS SUBSECTION . 7
(2) A PUBLIC INSTITUTION O F HIGHER EDUCATION W ITH AN ANNUAL 8
OPERATING BUDGET UND ER $5,000,000 MAY APPLY FOR A WAIV ER IF THE 9
REQUIREMENTS OF THIS SECTION WILL IMPOSE A FINANCIAL STRAIN ON THE 10
INSTITUTION. 11
(3) A PUBLIC INSTITUTION O F HIGHER EDUCATION T HAT IS LOCATED 12
IN A RURAL AREA WITH LIMITED ACCESS TO RELIABLE HIGH–SPEED INTERNET MAY 13
APPLY FOR A WAIVER . 14
(4) A PUBLIC INSTITUTION O F HIGHER EDUCATION T HAT IS NEWLY 15
ESTABLISHED OR IS IN THE PROCESS OF TRANS ITIONING TO A REMOTE–FRIENDLY 16
INFRASTRUCTURE MAY A PPLY FOR A WAIVER . 17
(5) (I) THE COMMISSION MAY ESTABL ISH ANY NECESSARY 18
PROCEDURES AND DEADL INES FOR THE SUBMISSION, EVALUATION, AND APPROVAL 19
OF WAIVER REQUESTS . 20
(II) THE COMMISSION MAY APPROV E A WAIVER REQUEST I N 21
WHOLE OR IN PART . 22
(III) A WAIVER REQUEST UNDER PARAGRAPH (4) OF THIS 23
SUBSECTION MAY BE AP PROVED FOR UP TO 2 YEARS SUBJECT TO PERIODIC 24
PROGRESS REVIEW BY THE COMMISSION. 25
(D) (1) A GRANT IS AVAILABLE T O A PUBLIC INSTITUTI ON OF HIGHER 26
EDUCATION TO ASSIST THE INSTITUTION TO C OMPLY WITH THE REQUI REMENTS OF 27
THIS SECTION. 28
(2) (I) TO RECEIVE A GRANT , A PUBLIC INSTITUTION O F HIGHER 29
EDUCATION SHALL APPL Y TO THE COMMISSION. 30
(II) THE APPLICATION SHALL BE ON A FORM MADE AV AILABLE 31
BY THE COMMISSION AND SHALL INCLUDE: 32 4 HOUSE BILL 531
1. DETAILED PLANS FOR IM PLEMENTING THE 1
REQUIREMENTS OF THIS SECTION; 2
2. AN ITEM IZATION OF PROJECT ED COSTS FOR 3
IMPLEMENTATION , INCLUDING THE PURCHASE OF TECHNOLO GY, TRAINING, AND 4
ANY OTHER INFRASTRUC TURE COSTS; 5
3. THE MEASURES THAT WIL L BE USED TO ENSURE 6
QUALITY AND ACCESSIB ILITY FOR EACH ELIGI BLE STUDENT; AND 7
4. DETAILED PLANS FOR ENSURING THA T MOST DEGREE 8
PROGRAMS CAN BE COMP LETED REMOTELY . 9
(3) THE COMMISSION MAY ESTABL ISH ANY NECESSARY PROCED URES 10
AND DEADLINES FOR TH E SUBMISSION, EVALUATION, AND APPROVAL OF GRAN T 11
APPLICATIONS. 12
(4) GRANTS MAY BE USED ONLY FOR THE FOLLOWING EXPENSES : 13
(I) THE PURCHASE OF TECHN OLOGY AND DIGITAL RE SOURCES 14
FOR REMOTE INSTRUCTI ON, INCLUDING THE PURCHASE OF NECESSARY UPGRADES ; 15
AND 16
(II) THE TRAINING OF FACULTY A ND STAFF TO DELIVER 17
HIGH–QUALITY REMOTE LEARN ING ACCOMMODATIONS . 18
(5) ON OR BEFORE AUGUST 1, 2027, AND EACH AUGUST 1 19
THEREAFTER , GRANT RECIPIENTS SHAL L SUBMIT A REPORT TO THE COMMISSION 20
THAT PROVIDES D ETAILED INFORMATION ON THE EXPENDITURE OF FUNDS 21
RECEIVED UNDER THIS SUBSECTION. 22
(E) (1) EVERY 6 MONTHS, THE COMMISSION SHALL REVIEW THE 23
PROGRESS MADE BY PUB LIC INSTITUTIONS OF HIGHER EDUCATION IN BECOMING 24
COMPLIANT WITH THIS SECTION TO ENSURE THAT THE M AJORITY OF ACADEMIC 25
MAJORS AND DEGREES P ROVIDE REMOTE LEARNI NG ACCOMMODATIONS TO ALL 26
ELIGIBLE STUDENTS BY AUGUST 1, 2029. 27
(2) IF A PUBLIC INSTITUTI ON OF HIGHER EDUCATI ON IS NOT 28
PROVIDING REMOTE LEA RNING ACCOMMODATIONS TO ALL ELIGIBLE STUD ENTS BY 29
AUGUST 1, 2029, THE COMMISSION MAY DEEM T HE INSTITUTION AS 30
NONCOMPLIANT . 31
HOUSE BILL 531 5
(3) FOR A NONCOMPLIANT PU BLIC INSTITUTION OF HIGHER 1
EDUCATION, THE COMMISSION MAY REDUCE THE APPROPRIATION OF STATE FUNDS 2
TO THAT INSTITUTION . 3
(4) THE COMMISSION SHALL ESTA BLISH AN APPEAL PROC ESS FOR 4
PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO APPEAL THE DETERMINATION OF 5
NONCOMPLIANCE UNDER PARAGRAPH (2) OF THIS SUBSECTION . 6
(F) (1) ON OR BEFORE JULY 1, 2027, AND EACH JULY 1 THEREAFTER , A 7
PUBLIC INSTITUTION O F HIGHER EDUCATION T HAT WAS NOT ISSUED A WAIVER 8
UNDER SUBSECTION (C) OF THIS SECTION SHAL L SUBMIT A REPORT TO THE 9
COMMISSION. 10
(2) THE REPORT SHALL INCLUDE : 11
(I) EVIDENCE OF COMPLIANC E WITH THE REQUIREME NTS OF 12
THIS SECTION; 13
(II) THE NUMBER OF ELIGIBL E STUDENTS SERVED ; 14
(III) THE TYPES OF REMOTE L EARNING ACCOMMODATIO NS 15
PROVIDED; AND 16
(IV) EFFORTS MADE TO IMPROVE ACCESSIBI LITY AND 17
OUTCOMES FOR ELIGIBL E STUDENTS. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2025. 20