§ 8-413.1

Maryland § 8-413.1

• Jurisdiction: Maryland
• Article ged: Education
• Title: 8

Text

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Advocate” means an individual who, for compensation, provides support and guidance during individualized education program meetings, mediation proceedings, or due process proceedings to:

1. A student with a disability; or

2. The parent or guardian of a student with a disability.

(ii) “Advocate” does not include:

1. An attorney acting in a legal capacity to represent a student with a disability; or

2. A consultant.

(3) “Consultant” means an individual with a degree or certification in a field that is directly related to special education or related services whose knowledge can be helpful in determining how to meet a student’s special education needs in accordance with federal and State law.

(4) “Eligible student” means a student with a disability whose parent has:

(i) A household income of not more than 150% of the income guidelines used by the Maryland Volunteer Lawyers Service; and

(ii) Made at least one attempt to resolve a disagreement with a public agency regarding the child’s special education services or program.

(5) “Fund” means the Access to Attorneys, Advocates, and Consultants for Special Education Fund.

(6) “Individualized education program” has the same meaning as stated in the federal Individuals with Disabilities Education Act.

(7) “Parent” has the meaning stated in § 8–413 of this subtitle.

(8) “Program” means the Access to Attorneys, Advocates, and Consultants for Special Education Program.

(9) “Public agency” has the meaning stated in § 8–413 of this subtitle.

(b) (1) There is an Access to Attorneys, Advocates, and Consultants for Special Education Program.

(2) The purpose of the Program is to direct resources and services to eligible students to provide access to legal, advocacy, and consultant services as required under this section.

(3) (i) The Program shall be administered by the Maryland Volunteer Lawyers Service.

(ii) The Maryland Volunteer Lawyers Service shall:

1. Advertise the Program;

2. Seek qualified attorneys, advocates, and consultants interested in being included on a referral list to be provided to eligible students;

3. Compile and maintain a referral list of qualified attorneys, advocates, and consultants;

4. Develop criteria to determine the required qualifications of attorneys, advocates, and consultants to participate in the Program;

5. Develop, in consultation with the Department, local school system special education directors, disability rights advocates, and representatives from the judiciary, training for advocates and consultants on federal and State special education law and procedures;

6. Develop and distribute to appropriate public agencies the written informational materials required to be provided to parents under § 8–405 of this subtitle;

7. Ensure that public agencies provide notification of the Program in accordance with subsection (c) of this section;

8. Provide the referral list to eligible students who contact the Maryland Volunteer Lawyers Service;

9. Compile data in accordance with subsection (f) of this section; and

10. Study and evaluate:

A. The services provided by the Program; and

B. Resources needed to increase the access of eligible students to attorneys, advocates, and consultants in special education matters.

(4) (i) The Maryland Volunteer Lawyers Service may provide or authorize other nonprofit organizations to provide to advocates and consultants the training developed under paragraph (3)(ii)5 of this subsection.

(ii) An advocate or a consultant shall complete the training provided under subparagraph (i) of this paragraph to qualify to participate in and receive payment under the Program.

(5) The Program may serve only eligible students who meet at least one of the following:

(i) A more restrictive or less restrictive placement is being proposed for the eligible student and the parent disagrees with the proposal;

(ii) A reduction in instructional or related services is being proposed for the eligible student and the parent disagrees with the proposal;

(iii) The eligible student has been suspended or otherwise removed from school for more than 10 days;

(iv) The school has requested a due process hearing against the eligible student or parent;

(v) The eligible student has been restrained or placed in seclusion more than 10 times;

(vi) The school has proposed to enroll an eligible student in an alternative education program and the parent disagrees with the proposal; or

(vii) The parent’s native language is not English and the parent seeks assistance with navigating the special education needs of the eligible student.

(c) All public agencies shall include information about the Program in the parent’s rights documents distributed to families in the individualized education program meetings and before mediation or due process hearings under § 8–413 of this subtitle.

(d) (1) There is an Access to Attorneys, Advocates, and Consultants for Special Education Fund.

(2) The purpose of the Fund is to provide funding for families of eligible students with limited financial resources to access legal assistance, advocacy, and consultation services in special education matters.

(3) The Department shall administer the Fund.

(4) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(5) The Fund consists of:

(i) Money appropriated in the State budget to the Fund;

(ii) Interest earnings;

(iii) Reimbursements from attorneys, advocates, and consultants due to recoupment of fees; and

(iv) Any other money from any other source accepted for the benefit of the Fund.

(6) The Fund may be used only for:

(i) Services provided to eligible students by attorneys, advocates, and consultants;

(ii) Development and distribution of written informational material for parents;

(iii) Outreach and education activities; and

(iv) Administrative expenses of the Department and the Maryland Volunteer Lawyers Service.

(7) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any interest earnings of the Fund shall be credited to the Fund.

(8) Expenditures from the Fund may be made only in accordance with the State budget.

(9) (i) Beginning in fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.

(ii) Excluding expenditures for administering the Program, it is the intent of the General Assembly that:

1. Approximately 25% of the annual appropriation be used for providing representation of eligible students in due process hearings and court proceedings; and

2. Approximately 75% of the annual appropriation be used for providing consultation, representation, or advocacy of eligible students.

(10) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program or for any other civil legal services funded in the State’s annual operating budget.

(e) (1) An eligible student who is interested in securing the services of an attorney, an advocate, or a consultant under the Program shall register with and provide any information required by the Maryland Volunteer Lawyers Service.

(2) (i) An attorney, an advocate, or a consultant who is included on the referral list maintained by the Maryland Volunteer Lawyers Service may receive the individual’s customary rate, up to $200 per hour, to provide services to the eligible student under the Program.

(ii) On quarterly submission of proof of services, the Maryland Volunteer Lawyers Service shall directly pay the attorney, advocate, or consultant on behalf of the eligible student up to the limit described in paragraph (3)(ii) of this subsection.

(iii) Funds received by an attorney, an advocate, or a consultant under the Program do not need to be repaid to the Program unless the eligible student is the prevailing party in a proceeding and fees have been awarded to the eligible student.

(3) (i) Program funds shall be allocated on a first–come, first–served basis.

(ii) An eligible student is limited to a lifetime maximum of $20,000 of services provided under the Program.

(f) (1) The Maryland Volunteer Lawyers Service shall collect the following data on an annual basis:

(i) Total amount of funds disbursed from the Fund;

(ii) Amount of funds disbursed disaggregated by the number of:

1. Eligible students served;

2. Attorneys who provided services;

3. Advocates who provided services; and

4. Consultants who provided services;

(iii) The amount of funds disbursed disaggregated by the type of service, including:

1. Dispute resolution proceedings, including mediation, due process hearings, and court proceedings; and

2. Assistance and support services, including consultancy, advocacy, and legal consultancy services; and

(iv) The amount of money returned to the Fund due to recoupment of fees.

(2) On or before October 1, 2025, and each October 1 thereafter, the Maryland Volunteer Lawyers Service shall compile the information collected under paragraph (1) of this subsection and submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(g) The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.