<section article="ged" article_name="Education" number="8-101" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Disadvantaged child” means a child who:</text> <level label="1"> <text>Because of environmental conditions, is not achieving at a level that is scholastically up to his potential abilities;</text> </level> <level label="2"> <text>Has to compensate for his inability to profit from the normal educational program;</text> </level> <level label="3"> <text>Is 3 years old or older and under 19 and has not graduated from high school;</text> </level> <level label="4"> <text>Has the potential to complete successfully a regular educational program leading to graduation from a high school; and</text> </level> <level label="5"> <text>Because of home and community environment, is subject to language, cultural, and economic disadvantages that make his completion of the regular program leading to graduation unlikely without special efforts by school authorities to provide stimulation of his potential in addition to the efforts involved in providing the regular educational programs.</text> </level> </level> <level label="c"> <text>“Program of compensatory education” means a program adopted by a county board for any of the grades prekindergarten through 12 that:</text> <level label="1"> <text>Is in the form required by this subtitle;</text> </level> <level label="2"> <text>Supplements the regular educational programs of the county board;</text> </level> <level label="3"> <text>Includes a plan for the identification of disadvantaged children; and</text> </level> <level label="4"> <text>Has the purpose of providing stimulation of the intellectual abilities of disadvantaged children.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-102" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <text>To the extent that funds are provided in the State budget or are available from other sources, the State Board may establish programs of compensatory education of the following types:</text> <level label="1"> <text>New or modified teacher training curricula to incorporate instruction in methods and techniques:</text> <level label="i"> <text>Developed by competent authorities; and</text> </level> <level label="ii"> <text>Designed to enable teachers to identify and teach disadvantaged children effectively;</text> </level> </level> <level label="2"> <text>Research and consultative projects undertaken to assist State agencies and the county boards in carrying out their responsibilities under this subtitle; and</text> </level> <level label="3"> <text>Evaluation, demonstration, and distribution of findings that are related to programs of compensatory education independently or in cooperation with any public or private agency or organization that engages in research and development designed to overcome disadvantage.</text> </level> </section> <section article="ged" article_name="Education" number="8-103" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <text>The State Superintendent shall:</text> <level label="1"> <text>Supervise and control each program of compensatory education provided in this State;</text> </level> <level label="2"> <text>Take any action necessary to coordinate these programs;</text> </level> <level label="3"> <text>Approve or disapprove, as may be appropriate, each county program application; and</text> </level> <level label="4"> <text>Provide technical and consultative assistance to the county boards.</text> </level> </section> <section article="ged" article_name="Education" number="8-104" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <level label="a"> <text>The State Board shall establish standards to guide county boards in applying for:</text> <level label="1"> <text>Any State funds that are provided in the State budget specifically for the purposes of this subtitle; and</text> </level> <level label="2"> <text>Funds provided under the federal Elementary and Secondary Education Act of 1965.</text> </level> </level> <level label="b"> <text>These standards apply to the extent that they do not conflict with the federal Elementary and Secondary Education Act of 1965 or regulations adopted under that Act.</text> </level> </section> <section article="ged" article_name="Education" number="8-105" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <text>Each county board that applies for State funds under this subtitle shall include a comprehensive compensatory education plan in its application that:</text> <level label="1"> <text>Emphasizes a preventive program aimed at disadvantaged or potentially disadvantaged children; and</text> </level> <level label="2"> <text>Has as an ultimate goal:</text> <level label="i"> <text>Teaching disadvantaged or potentially disadvantaged children to read;</text> </level> <level label="ii"> <text>Awakening their interest in learning;</text> </level> <level label="iii"> <text>Giving them a sense of success in school achievement;</text> </level> <level label="iv"> <text>Preventing their alienation from the school; and</text> </level> <level label="v"> <text>Preventing their early departure from school.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-106" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <text>State funds to assist in developing and implementing the programs authorized under this subtitle may be provided in the State budget.</text> </section> <section article="ged" article_name="Education" number="8-107" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="1" subtitle_name="Disadvantaged Children"> <text>A child who participates in a program of compensatory education under this subtitle also may participate in any other potentially beneficial program that is offered in the public schools or otherwise.</text> </section> <section article="ged" article_name="Education" number="8-201" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="2" subtitle_name="Gifted and Talented Students"> <level label="a"> <text>In this subtitle, “gifted and talented student” means an elementary or secondary student who is identified by professionally qualified individuals as:</text> <level label="1"> <text>Having outstanding talent and performing, or showing the potential for performing, at remarkably high levels of accomplishment when compared with other students of a similar age, experience, or environment;</text> </level> <level label="2"> <text>Exhibiting high performance capability in intellectual, creative, or artistic areas;</text> </level> <level label="3"> <text>Possessing an unusual leadership capacity; or</text> </level> <level label="4"> <text>Excelling in specific academic fields.</text> </level> </level> <level label="b"> <level label="1"> <text>Beginning with the 2022–2023 school year, a gifted and talented student in middle school, 9th grade, or 10th grade may meet the college and career readiness standard under § 7–205.1 of this article.</text> </level> <level label="2"> <text>Each local school system shall develop accelerated pathways and enrichment programs for gifted and talented students to achieve college and career readiness before the end of the 10th grade.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-202" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="2" subtitle_name="Gifted and Talented Students"> <text>The General Assembly finds that:</text> <level label="1"> <text>A gifted and talented student needs different services beyond those normally provided by the regular school program in order to develop the student’s potential; and</text> </level> <level label="2"> <text>Gifted and talented students are to be found in youth from all cultural groups, across all economic strata, and in all areas of human endeavor.</text> </level> </section> <section article="ged" article_name="Education" number="8-203" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="2" subtitle_name="Gifted and Talented Students"> <text>The State Board shall encourage each county board to develop and implement programs for gifted and talented students.</text> </section> <section article="ged" article_name="Education" number="8-204" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="2" subtitle_name="Gifted and Talented Students"> <text>To the extent funds are provided in the State budget or are available from other sources, the State Board shall provide guidance, consultative and technical assistance, and fiscal support for programs that include:</text> <level label="1"> <text>Teacher training to incorporate instruction in methods and techniques that are designed to enable teachers to identify and teach gifted and talented students;</text> </level> <level label="2"> <text>Research undertaken to help develop new or modified curricula for gifted and talented students; and</text> </level> <level label="3"> <text>Evaluation, demonstration, and distribution of findings that are related to programs for gifted and talented students.</text> </level> </section> <section article="ged" article_name="Education" number="8-301" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <text>In this subtitle, “blind child” means a child 6 years old or older and under 19 who has a visual impairment and because of that impairment cannot progress satisfactorily in an ordinary public or private school.</text> </section> <section article="ged" article_name="Education" number="8-302" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.</text> </level> <level label="b"> <text>Each blind child shall attend a school or classes for the blind during the school year unless the child otherwise is receiving regular, thorough instruction during the school year in studies usually taught in the public schools to children of the same age.</text> </level> <level label="c"> <text>A superintendent or principal of a school for the blind or an individual authorized by a superintendent or principal may excuse a blind child for a necessary absence.</text> </level> <level label="d"> <text>Each person who has a blind child under the person’s control shall see that the child attends school or receives instruction as required by this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-303" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <text>The Department, each county board, and the Maryland School for the Blind shall work together to meet the educational needs of blind children.</text> </section> <section article="ged" article_name="Education" number="8-304" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>The Maryland School for the Blind shall adopt written standards for the admission and dismissal of students.</text> </level> <level label="b"> <text>The standards and any amendments shall be submitted to the State Board for approval under § 2–206 of this article.</text> </level> <level label="c"> <text>The State Board may require modifications to the standards as it considers necessary.</text> </level> </section> <section article="ged" article_name="Education" number="8-305" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>If the Maryland School for the Blind refuses to admit a child or dismisses a child, a parent or guardian of the child may make a written request to the Office of Administrative Hearings that a review be conducted to determine if the decision was appropriate.</text> </level> <level label="b"> <text>A review shall be conducted pursuant to the provisions of § 8–413 of this title.</text> </level> </section> <section article="ged" article_name="Education" number="8-306" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <text>Each local education agency in the State shall notify the parents or guardians of each blind or visually impaired child, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.</text> </section> <section article="ged" article_name="Education" number="8-307" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <text>Under § 2–206 of this article, the Maryland School for the Blind shall keep the State Board fully informed as to the educational program and administrative policies of the schools under their jurisdiction.</text> </section> <section article="ged" article_name="Education" number="8-308" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>In this section, “Board” has the meaning stated in § 8–310 of this subtitle.</text> </level> <level label="b"> <text>Teachers and any other professional personnel at the Maryland School for the Blind shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in Baltimore County.</text> </level> <level label="c"> <level label="1"> <text>There shall be a single, uniform pay plan for teachers and other professional personnel at the Maryland School for the Blind.</text> </level> <level label="2"> <text>The pay plan shall be established by the Secretary of Budget and Management after considering recommendations from the Board.</text> </level> <level label="3"> <text>The Secretary of Budget and Management shall include in the pay plan classifications and pay grades based on the duties, responsibilities, education, and training required.</text> </level> </level> <level label="d"> <text>In determining its recommendations for the pay plan, the Board, in consultation with the faculty and staff of the Maryland School for the Blind, shall review the salaries of public school teachers and other professional personnel in Baltimore County and shall recommend to the Secretary of Budget and Management salaries that will be adequate to recruit and retain qualified teachers and professional personnel at the Maryland School for the Blind.</text> </level> <level label="e"> <text>The Board shall provide recommendations to the Secretary of Budget and Management on or before the June 1 prior to the July 1 of the first fiscal year in which the pay plan will take effect.</text> </level> <level label="f"> <text>Beginning with the third fiscal year the pay plan is in effect and in every third fiscal year thereafter, the Secretary of Budget and Management shall adjust the pay plan, if necessary, to ensure that salaries in the pay plan are adequate to recruit and retain qualified teachers and other professional personnel.</text> </level> <level label="g"> <text>On or before the September 1 preceding the beginning of the fiscal year for which adjustments to the pay plan may be made under this section, the Board shall review the salaries of public school teachers and other professional personnel in Baltimore County and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.</text> </level> <level label="h"> <text>The Secretary of Budget and Management shall review the recommendations of the Board prior to making adjustments to the pay plan authorized by this section.</text> </level> <level label="i"> <text>The Secretary of Budget and Management shall incorporate these adjustments into the budget recommendations for the Governor’s review and approval for inclusion in the annual budget request.</text> </level> </section> <section article="ged" article_name="Education" number="8-309" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <level label="1"> <text>Each county board shall pay the Maryland School for the Blind an amount equal to the local share of the basic cost, as defined in § 8–415(d)(1) of this title, for each blind child who is sent to the school from the county each year to support the cost of instructional programming.</text> </level> <level label="2"> <text>Each county governing body shall include a child sent to the Maryland School for the Blind under paragraph (1) of this subsection in the full–time equivalent enrollment used for calculating the required local funds appropriated under § 5–202(d) of this article.</text> </level> </level> <level label="b"> <text>The Board of Directors of the Maryland School for the Blind shall give each county board on April 1 and October 1 of each year a statement that contains:</text> <level label="1"> <text>The number of blind children who are attending from the county; and</text> </level> <level label="2"> <text>The name of each blind child from the county and charged to the county.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-310" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Board” means the Board of Directors of the Maryland School for the Blind.</text> </level> <level label="3"> <text>“Superintendent” means the State Superintendent of Schools.</text> </level> </level> <level label="b"> <text>The Maryland School for the Blind, a body corporate of the State the charter of which was established on May 19, 1853, shall be governed by the Board.</text> </level> <level label="c"> <level label="1"> <text>The Board consists of 25 members.</text> </level> <level label="2"> <text>Of the 25 members of the Board:</text> <level label="i"> <text>Subject to confirmation by the Senate of Maryland, five members, including one member of the Senate of Maryland and one member of the Maryland House of Delegates, shall be appointed jointly by the Governor and the Superintendent, with recommendations from the Chairman of the Board; and</text> </level> <level label="ii"> <text>20 members shall be elected according to the charter and bylaws of the Maryland School for the Blind.</text> </level> </level> <level label="3"> <level label="i"> <text>The term of a member is 3 years.</text> </level> <level label="ii"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.</text> </level> <level label="iii"> <text>Any vacancy shall be filled in the same manner in which the vacating member was appointed.</text> </level> <level label="iv"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, a member who serves three consecutive terms may not be reappointed for 1 year after completion of those terms.</text> </level> <level label="2"> <text>The Chairman of the Board may be reappointed to serve additional terms immediately after completion of three consecutive terms.</text> </level> </level> </level> </level> </section> <section article="ged" article_name="Education" number="8-311" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>The Maryland School for the Blind shall establish and operate a program of enhanced services for blind students who have other severe disabilities.</text> </level> <level label="b"> <text>The Maryland School for the Blind shall include a description of the program in the written agreement with the Department of Education required under § 8–312 of this subtitle.</text> </level> <level label="c"> <text>The costs of providing enhanced services to a child under the program shall be shared by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.</text> </level> <level label="d"> <level label="1"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the Department, in consultation with the Maryland School for the Blind, shall determine on an individual basis those students who are eligible for the enhanced program described in this section.</text> </level> <level label="ii"> <text>Students served in the enhanced program shall be students who are at risk of requiring nonpublic placement in an out–of–state special education facility, including students who are blind/deaf or students with other severe and multiple disabilities.</text> </level> </level> <level label="2"> <level label="i"> <text>The county in which a child placed in the enhanced program is domiciled shall pay the local share of the “basic cost”, as defined in § 8–415(d)(1) of this title, of the education for that child.</text> </level> <level label="ii"> <text>A county which pays the local share of the “basic cost” as provided in subparagraph (i) of this paragraph shall not pay the tuition required in § 8–309 of this subtitle.</text> </level> </level> <level label="3"> <text>The State shall pay the cost of serving a student in the enhanced program based on an individual cost sheet completed by the Department for each student enrolled in the program.</text> </level> </level> <level label="e"> <text>In addition to the funding provided for enhanced services under this section, the Governor shall annually include at least $1,000,000 in the State budget for the cost of providing residential services.</text> </level> <level label="f"> <text>On or before September 1 each year, the Department shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, the House Appropriations Committee, and the House Committee on Ways and Means, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="1"> <text>The number of students enrolled in the program established under subsection (a) of this section;</text> </level> <level label="2"> <text>The annual costs of the program established under subsection (a) of this section; and</text> </level> <level label="3"> <text>Any anticipated enrollment growth and future costs related to the program established under subsection (a) of this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-312" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>The Department of Education and the Maryland School for the Blind shall enter into a written agreement.</text> </level> <level label="b"> <text>The agreement shall provide for monitoring and review by the Department of the Maryland School for the Blind, including:</text> <level label="1"> <text>Review by the Department of the annual budget approved by the Board of the Maryland School for the Blind;</text> </level> <level label="2"> <text>Monitoring by the Department of the Maryland School for the Blind’s program of enhanced services for blind students who have severe disabilities, including the criteria approved by the Board of the Maryland School for the Blind for the admission of students to the program;</text> </level> <level label="3"> <text>Consultation between the Department and the Maryland School for the Blind on issues of blind education;</text> </level> <level label="4"> <text>Assistance from the Department in developing agreements between the Maryland School for the Blind and local school systems and other State and local agencies for provision of services to blind children; and</text> </level> <level label="5"> <text>Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Blind’s educational program and services to blind children as required by federal or State law.</text> </level> </level> <level label="c"> <level label="1"> <text>The Maryland School for the Blind may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to blind children.</text> </level> <level label="2"> <text>This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for blind students.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-313" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“4–year average annual full–time equivalent enrollment” means:</text> <level label="i"> <text>The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Blind during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period;</text> </level> <level label="ii"> <text>One–half the average number of children served annually by the Maryland School for the Blind’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and</text> </level> <level label="iii"> <text>One–half the average number of children served annually by the Maryland School for the Blind’s Outreach Program during 4 consecutive fiscal years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months the Program operates during the 4–year period.</text> </level> </level> <level label="3"> <text>“Growth in the target per pupil foundation amount” means:</text> <level label="i"> <text>For fiscal year 2026, 4.97%;</text> </level> <level label="ii"> <text>For fiscal year 2027, 5.48%;</text> </level> <level label="iii"> <text>For fiscal year 2028, 4.17%;</text> </level> <level label="iv"> <text>For fiscal year 2029, 4.20%;</text> </level> <level label="v"> <text>For fiscal year 2030, 4.17%;</text> </level> <level label="vi"> <text>For fiscal year 2031, 3.98%;</text> </level> <level label="vii"> <text>For fiscal year 2032, 3.99%;</text> </level> <level label="viii"> <text>For fiscal year 2033, 3.93%; and</text> </level> <level label="ix"> <text>For subsequent fiscal years, the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.</text> </level> </level> <level label="4"> <text>“Prior year appropriation” means the State appropriation to the Maryland School for the Blind in the prior fiscal year less any funding provided under § 8–311(d) of this subtitle in the prior fiscal year.</text> </level> <level label="5"> <text>“Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.</text> </level> <level label="6"> <text>“Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Maryland School for the Blind shall receive an appropriation equal to or greater than the sum of:</text> <level label="i"> <text>75% of the prior year appropriation multiplied by the product of:</text> <level label="1"> <text>The sum of the weighted enrollment growth plus one; and</text> </level> <level label="2"> <text>The sum of the growth in the target per pupil foundation amount plus one; and</text> </level> </level> <level label="ii"> <text>25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus one.</text> </level> </level> <level label="2"> <text>The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Blind.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-314" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <text>For information purposes, the budget submitted by the Governor to the General Assembly shall include a detailed account of the operating and administrative budget for the Maryland School for the Blind in accordance with § 5–101 of this article, which shall include a complete list of revenue sources and expenditures for:</text> <level label="1"> <text>Salaries, wages, and fringe benefits;</text> </level> <level label="2"> <text>Technical and special fees;</text> </level> <level label="3"> <text>Communications;</text> </level> <level label="4"> <text>Travel;</text> </level> <level label="5"> <text>Contractual services;</text> </level> <level label="6"> <text>Supplies and materials;</text> </level> <level label="7"> <text>Equipment;</text> </level> <level label="8"> <text>Fixed charges; and</text> </level> <level label="9"> <text>Other expenses.</text> </level> </section> <section article="ged" article_name="Education" number="8-315" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>Notwithstanding § 4–114 of this article and subject to regulations adopted by the Interagency Commission on School Construction, the Maryland School for the Blind shall be eligible for funding under the Public School Construction Program in accordance with Title 5, Subtitle 3 of this article.</text> </level> <level label="b"> <text>The Interagency Commission on School Construction shall adopt regulations for funding school construction and school capital improvements at the Maryland School for the Blind in accordance with the requirements set forth in Title 5, Subtitle 3 of this article that apply to school construction and school capital improvement projects funded for county boards of education.</text> </level> </section> <section article="ged" article_name="Education" number="8-316" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3" subtitle_name="Education of Blind Children"> <level label="a"> <text>Any person who has a blind child under the person’s control and who violates any provision of § 8–302 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.</text> </level> <level label="b"> <text>Any person who induces or attempts to induce a blind child to be absent unlawfully from school, or who employs or harbors a blind child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.</text> </level> <level label="c"> <level label="1"> <text>Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s sight impairment or from some other cause.</text> </level> <level label="2"> <text>One of the physicians shall be an appropriate specialist.</text> </level> <level label="3"> <text>If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a sight impairment, the State’s Attorney shall enforce the provisions of this section.</text> </level> <level label="4"> <text>These medical examinations shall be paid for by the county in which the child who is examined resides.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-3A-01" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <text>In this subtitle, “deaf child” means a child at least 6 years old and under the age of 19 years who has a hearing impairment, and because of that impairment cannot progress satisfactorily in an ordinary public or private school.</text> </section> <section article="ged" article_name="Education" number="8-3A-02" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.</text> </level> <level label="b"> <text>Each deaf child shall attend a school or classes for the deaf during the school year unless the child otherwise is receiving regular, thorough instruction during the school year in studies usually taught in the public schools to children of the same age.</text> </level> <level label="c"> <text>A superintendent or principal of a school for the deaf or an individual authorized by a superintendent or principal may excuse a deaf child for a necessary absence.</text> </level> <level label="d"> <text>Each person who has a deaf child under the person’s control shall see that the child attends school or receives instruction as required by this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-3A-03" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <text>The Department, each county board, and the Maryland School for the Deaf shall work together to meet the educational needs of deaf children.</text> </section> <section article="ged" article_name="Education" number="8-3A-04" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>There is a Maryland School for the Deaf.</text> </level> <level label="b"> <text>The governance of the Maryland School for the Deaf is vested in the Board of Trustees of the Maryland School for the Deaf.</text> </level> <level label="c"> <level label="1"> <text>The Board of Trustees shall consist of 13 members appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="2"> <text>Of the 13 members, at least 7 members shall be deaf.</text> </level> <level label="3"> <text>Each member of the Board shall:</text> <level label="i"> <text>Be a resident of the State;</text> </level> <level label="ii"> <text>Be a member of the general public; and</text> </level> <level label="iii"> <text>Have demonstrated an active interest in the education of deaf children.</text> </level> </level> <level label="4"> <text>Each geographic region of the State shall be represented by at least one member of the Board.</text> </level> </level> <level label="d"> <level label="1"> <text>The term of a member is 6 years.</text> </level> <level label="2"> <text>The terms of the members are staggered as required by the terms provided for the members of the Board on October 1, 1992.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member may not serve more than two consecutive terms.</text> </level> </level> <level label="e"> <text>The Board may:</text> <level label="1"> <text>Apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person; and</text> </level> <level label="2"> <text>Maintain, manage, and invest any gifts or grants that it accepts.</text> </level> </level> <level label="f"> <text>The Board shall establish an annual operating budget.</text> </level> <level label="g"> <level label="1"> <text>There is a branch of the Maryland School for the Deaf.</text> </level> <level label="2"> <text>This branch shall be located near the population center of the State.</text> </level> <level label="3"> <text>The branch shall be administered and operated as part of and is subject to the Maryland School for the Deaf.</text> </level> </level> <level label="h"> <level label="1"> <text>The Maryland School for the Deaf shall adopt written standards for the admission of students.</text> </level> <level label="2"> <text>The standards shall define and distinguish between students who are bona fide Maryland residents and those who are out–of–state students, for purposes of admission and tuition.</text> </level> </level> <level label="i"> <text>The Maryland School for the Deaf shall admit students free of charge who:</text> <level label="1"> <text>Are bona fide Maryland residents; and</text> </level> <level label="2"> <text>Meet the admission standards of the Maryland School for the Deaf.</text> </level> </level> <level label="j"> <level label="1"> <text>The Maryland School for the Deaf may admit out–of–state students for tuition who meet the admission standards of the Maryland School for the Deaf.</text> </level> <level label="2"> <text>The Maryland School for the Deaf shall establish tuition rates on an annual basis.</text> </level> </level> <level label="k"> <text>Each teacher who is employed by the Maryland School for the Deaf is in the professional service in the State Personnel Management System.</text> </level> <level label="l"> <text>Professional personnel and staff employed by the Maryland School for the Deaf are in the professional and skilled services in the State Personnel Management System.</text> </level> </section> <section article="ged" article_name="Education" number="8-3A-05" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <text>Each local education agency in the State shall notify the parents or guardians of each hearing–impaired child of the availability of the educational programs offered by the Maryland School for the Deaf.</text> </section> <section article="ged" article_name="Education" number="8-3A-06" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <text>Under § 2–206 of this article, the Maryland School for the Deaf shall keep the State Board fully informed as to the educational program and administrative policies of the schools under their jurisdiction.</text> </section> <section article="ged" article_name="Education" number="8-3A-07" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>The Maryland School for the Deaf shall establish and operate a program of enhanced services for deaf students who have other moderate to severe disabilities.</text> </level> <level label="b"> <text>The Maryland School for the Deaf shall include a description of the program in the written agreement with the Department required under § 8–3A–08 of this subtitle.</text> </level> <level label="c"> <text>The costs of providing enhanced services to a child under the program shall be paid to the school and be provided jointly by the State and by the county in which the child is domiciled as provided in subsection (d) of this section.</text> </level> <level label="d"> <level label="1"> <text>The child shall be jointly placed in the enhanced program, in accordance with procedures for students with disabilities, by the local school system and the Maryland School for the Deaf.</text> </level> <level label="2"> <text>The county in which a child placed in the enhanced program is domiciled shall pay the local share of the “basic cost”, as defined in § 8–415(d)(1) of this title, of the education for that child.</text> </level> <level label="3"> <text>The State shall pay the remaining cost of providing services under the program to the child.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-3A-08" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>The Department and the Maryland School for the Deaf shall enter into a written agreement.</text> </level> <level label="b"> <text>The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:</text> <level label="1"> <text>Review by the Department of the annual budget approved by the Board of the Maryland School for the Deaf;</text> </level> <level label="2"> <text>Monitoring of the Maryland School for the Deaf’s program of enhanced services for deaf students by the Department who have other moderate to severe disabilities, including the criteria approved by the Board of the Maryland School for the Deaf for the admission of students to the program;</text> </level> <level label="3"> <text>Consultation between the Department and the Maryland School for the Deaf on issues of deaf education;</text> </level> <level label="4"> <text>Assistance from the Department in developing agreements between the Maryland School for the Deaf and local school systems and other State and local agencies for provision of services to deaf children; and</text> </level> <level label="5"> <text>Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Deaf’s educational program and services to deaf children as required by federal or State law.</text> </level> </level> <level label="c"> <level label="1"> <text>The Maryland School for the Deaf may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to deaf children.</text> </level> <level label="2"> <text>This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for deaf and hearing–impaired students.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-3A-09" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“4–year average annual full–time equivalent enrollment” means:</text> <level label="i"> <text>The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Deaf during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and</text> </level> <level label="ii"> <text>One–half the average number of children served annually by the Maryland School for the Deaf’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period.</text> </level> </level> <level label="3"> <text>“Growth in the target per pupil foundation amount” means:</text> <level label="i"> <text>For fiscal year 2026, 4.97%;</text> </level> <level label="ii"> <text>For fiscal year 2027, 5.48%;</text> </level> <level label="iii"> <text>For fiscal year 2028, 4.17%;</text> </level> <level label="iv"> <text>For fiscal year 2029, 4.20%;</text> </level> <level label="v"> <text>For fiscal year 2030, 4.17%;</text> </level> <level label="vi"> <text>For fiscal year 2031, 3.98%;</text> </level> <level label="vii"> <text>For fiscal year 2032, 3.99%;</text> </level> <level label="viii"> <text>For fiscal year 2033, 3.93%; and</text> </level> <level label="ix"> <text>For subsequent fiscal years, the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.</text> </level> </level> <level label="4"> <text>“Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.</text> </level> <level label="5"> <text>“Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Maryland School for the Deaf shall receive an appropriation equal to or greater than the sum of:</text> <level label="i"> <text>75% of the prior year appropriation multiplied by the product of:</text> <level label="1"> <text>The sum of the weighted enrollment growth plus 1; and</text> </level> <level label="2"> <text>The sum of the growth in the target per pupil foundation amount plus 1; and</text> </level> </level> <level label="ii"> <text>25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus 1.</text> </level> </level> <level label="2"> <text>The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Deaf.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-3A-10" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>There shall be a single, uniform pay plan for teachers and other professional personnel at the campuses of the Maryland School for the Deaf. The pay plan shall be established by the Secretary of Budget and Management after considering recommendations from the Board of Trustees of the Maryland School for the Deaf. The Secretary shall include in the pay plan classifications and pay grades based on the duties, responsibilities, education, and training required.</text> </level> <level label="b"> <text>In determining its recommendations for the pay plan, the Board of Trustees, in consultation with the faculty and staff of the Maryland School for the Deaf, shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend to the Secretary of Budget and Management salaries that will be adequate to recruit and retain qualified teachers and professional personnel at the Maryland School for the Deaf.</text> </level> <level label="c"> <text>The Board of Trustees shall provide their recommendations to the Secretary of Budget and Management on or before the June 1 prior to the July 1 of the first fiscal year in which the pay plan will take effect.</text> </level> <level label="d"> <text>Beginning with the third fiscal year the pay plan is in effect and in every third fiscal year thereafter, the Secretary of Budget and Management shall adjust the pay plan, if necessary, to ensure that salaries in the pay plan are adequate to recruit and retain qualified educators and other professional personnel.</text> </level> <level label="e"> <text>On or before the September 1 preceding the beginning of the fiscal year for which adjustments to the pay plan may be made under this subsection, the Board of Trustees of the Maryland School for the Deaf shall review the salaries of public school teachers and other professional personnel in Frederick and Howard counties and shall recommend adjustments to the pay plan to the Secretary of Budget and Management.</text> </level> <level label="f"> <text>The Secretary of Budget and Management shall review the recommendations of the Board of Trustees prior to making adjustments to the pay plan authorized by this Act.</text> </level> <level label="g"> <text>The Secretary of Budget and Management shall incorporate these adjustments into the budget recommendations for the Governor’s review and approval for inclusion in the annual budget request.</text> </level> </section> <section article="ged" article_name="Education" number="8-3A-11" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="3A" subtitle_name="Education of Deaf Children"> <level label="a"> <text>Any person who has a deaf child under the person’s control and who violates any provision of § 8–3A–02 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.</text> </level> <level label="b"> <text>Any person who induces or attempts to induce a deaf child to be absent unlawfully from school, or who employs or harbors a deaf child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.</text> </level> <level label="c"> <level label="1"> <text>Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s hearing impairment or from some other cause.</text> </level> <level label="2"> <text>One of the physicians shall be an appropriate specialist.</text> </level> <level label="3"> <text>If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a hearing impairment, the State’s Attorney shall enforce the provisions of this section.</text> </level> <level label="4"> <text>These medical examinations shall be paid for by the county in which the child who is examined resides.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-401" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf–blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment, including blindness, and who because of that impairment needs special education and related services.</text> </level> <level label="3"> <text>“Free appropriate public education” means special education and related services that:</text> <level label="i"> <text>Are provided at public expense, under public supervision and direction, at no cost to the parents;</text> </level> <level label="ii"> <text>Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);</text> </level> <level label="iii"> <text>Includes preschool, elementary, and secondary education; and</text> </level> <level label="iv"> <text>Are provided in conformance with the requirements of the child’s individualized education program.</text> </level> </level> <level label="4"> <level label="i"> <text>“Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.</text> </level> <level label="ii"> <text>“Related services” includes the early identification and assessment of disabling conditions in children.</text> </level> <level label="iii"> <text>“Related services” does not include a surgically implanted medical device or the replacement of the device.</text> </level> </level> <level label="5"> <text>“Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:</text> <level label="i"> <text>Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and</text> </level> <level label="ii"> <text>Instruction in physical education.</text> </level> </level> </level> <level label="b"> <text>In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.</text> </level> </section> <section article="ged" article_name="Education" number="8-402" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>A child with a disability who has been placed by a local school system or private noncollegiate institution with an employer in an unpaid work assignment as part of an individualized education program is a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.</text> </level> <level label="2"> <text>A resident in a facility as defined under § 10–101(g) of the Health – General Article is not a covered employee, as defined in Title 9 of the Labor and Employment Article, of the employer for the purposes of workers’ compensation.</text> </level> </level> <level label="b"> <text>Compensation for injury or death to a child with a disability under this section shall be based on the federal minimum wage in effect at the time of the child’s injury.</text> </level> <level label="c"> <text>A local school system or private noncollegiate institution that places a child with a disability with an employer in an unpaid work assignment pursuant to the child’s individualized education program may secure workers’ compensation coverage for that child.</text> </level> </section> <section article="ged" article_name="Education" number="8-403" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>The State and each local school system shall make a free appropriate public education available to each child with a disability, as provided by this subtitle.</text> </level> <level label="b"> <text>Appropriate special education and related services are available to a child with a disability from birth through the end of the school year in which the child turns 21 years of age.</text> </level> </section> <section article="ged" article_name="Education" number="8-404" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>The State Board shall adopt, as regulations, standards for the identification, evaluation, educational placement, and the provision of a free appropriate public education of each child in this State who has begun the school year under the age of 21 and is found to need special education and related services, whether or not the child is receiving nonduplicative services from another governmental agency.</text> </level> <level label="b"> <text>Before these standards are adopted, the State Board shall consult with public and private agencies and persons who are concerned with and knowledgeable about the educational needs of children with disabilities who require special education and related services.</text> </level> <level label="c"> <text>The standards for the education of a child with a disability who is enrolled in a school that is operated by an agency other than a local school system may not be lower than the standards for the education of a child with a disability who is enrolled in a school that is operated by a local school system. The standards for the approval of schools located in jurisdictions outside Maryland shall be the same as standards applicable to the approval of schools within Maryland. However, no school located in a jurisdiction outside Maryland shall be approved if the charges for pupils approved by the Department are higher than charges for pupils from any other state for the same services, unless waived by the State Superintendent.</text> </level> <level label="d"> <text>The standards shall include:</text> <level label="1"> <text>The required qualifications for teachers, administrators, and other professionals serving a child with a disability;</text> </level> <level label="2"> <text>Procedures for the identification, evaluation, educational placement, and provision of a free appropriate public education for a child with a disability who requires the provision of special education and related services;</text> </level> <level label="3"> <text>Guidelines for curricula, instructional materials, equipment, and the organization, administration, and supervision of the program, including accounting, auditing, and reporting procedures;</text> </level> <level label="4"> <text>Provisions for local, regional, and State day and residential centers for children with disabilities who cannot be served appropriately in the public schools;</text> </level> <level label="5"> <text>Coordination of these special education services with services given by any other government agency; and</text> </level> <level label="6"> <text>Guidelines for approval of placement in nonpublic schools or facilities if appropriate public services are not available.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-405" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Accessible copy” includes a copy of a document provided to an individual in a format as defined in § 8–408 of this subtitle.</text> </level> <level label="3"> <text>“Extenuating circumstance” means:</text> <level label="i"> <text>A death in the family;</text> </level> <level label="ii"> <text>A personal emergency;</text> </level> <level label="iii"> <text>A natural disaster; or</text> </level> <level label="iv"> <text>Any other similar situation defined by the Department.</text> </level> </level> <level label="4"> <text>“Individualized education program” and “individualized family service plan” have the same meaning as provided in the federal Individuals with Disabilities Education Act.</text> </level> </level> <level label="b"> <level label="1"> <text>When a team of qualified professionals and the parents meet for the purpose of discussing the identification, evaluation, educational program, or the provision of a free appropriate public education of a child with a disability:</text> <level label="i"> <text>The parents of the child shall be afforded the opportunity to participate and shall be provided reasonable notice in advance of the meeting; and</text> </level> <level label="ii"> <text>Reasonable notice shall be at least 10 calendar days in advance of the meeting, unless an expedited meeting is being conducted to:</text> <level label="1"> <text>Address disciplinary issues;</text> </level> <level label="2"> <text>Determine the placement of the child with a disability not currently receiving educational services; or</text> </level> <level label="3"> <text>Meet other urgent needs of a child with a disability to ensure the provision of a free appropriate public education.</text> </level> </level> </level> <level label="2"> <level label="i"> <level label="1"> <text>At the initial evaluation meeting, the parents of the child shall be provided:</text> </level> <level label="A"> <text>In plain language, an oral and written explanation of the parents’ rights and responsibilities in the individualized education program process and a program procedural safeguards notice;</text> </level> <level label="B"> <text>Written information that the parents may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members;</text> </level> <level label="C"> <text>Written information on the Special Education Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the State Government Article;</text> </level> <level label="D"> <text>Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle; and</text> </level> <level label="E"> <text>Written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.</text> </level> <level label="2"> <text>At least one time each year at an individualized education program or individualized family service plan team meeting, the parents of the child shall be provided with the written informational materials described under subsubparagraph 1E of this subparagraph.</text> </level> <level label="3"> <text>If a parent’s native language is not English, the information in subsubparagraph 1B, C, D, and E of this subparagraph shall be provided to the parent in the parent’s native language.</text> </level> </level> <level label="ii"> <text>The parents may request the information provided under subparagraph (i) of this paragraph at any subsequent meeting.</text> </level> <level label="iii"> <text>If a child who has an individualized education program developed in another school system moves into a different local school system, that local school system shall provide the information required under subparagraph (i)1B, C, D, and E of this paragraph at the time of the first written communication with the parents regarding the child’s individualized education program or special education services.</text> </level> <level label="iv"> <text>A local school system shall publish information that a parent may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members in a prominent place on the section of its website relating to special education services.</text> </level> </level> <level label="3"> <text>Failure to provide the information required under paragraph (2)(i)1B, C, D, and E of this subsection does not constitute grounds for a due process complaint under § 8–413 of this subtitle.</text> </level> <level label="4"> <level label="i"> <text>A parent may request an independent educational evaluation at public expense in accordance with regulations adopted by the Department if:</text> <level label="1"> <text>The parent disagrees with the educational evaluation of the student that was conducted by the local school system; or</text> </level> <level label="2"> <text>The parent submits to the local school system a written request for an educational evaluation conducted by the local school system and the local school system:</text> </level> <level label="A"> <text>Does not respond to the request within 30 days as required under subparagraph (ii) of this paragraph; or</text> </level> <level label="B"> <text>Approves the request but the educational evaluation meeting does not occur, through no fault of the parent, within:</text> </level> <level label="I"> <text>60 days after the date on which the request was received by the local school system; or</text> <text>II. If the State is under a state of emergency proclaimed by the Governor, 90 days after the date on which the request was received by the local school system.</text> </level> </level> <level label="ii"> <text>The local school system shall provide a written response approving or denying a request within 30 days of the date the request was made.</text> </level> <level label="iii"> <text>If the local school system approves a request, the written response shall advise the parent of the process for arranging the evaluation at public expense.</text> </level> <level label="iv"> <text>If the local school system denies a request, the local school system shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date of the denial.</text> </level> </level> <level label="5"> <level label="i"> <text>If, during an individualized education program team meeting, a parent disagrees with the child’s individualized education program or the special education services provided to the child, the individualized education program team shall provide the parent with, in plain language:</text> <level label="1"> <text>An oral and a written explanation of the parent’s right to request mediation in accordance with § 8–413 of this subtitle;</text> </level> <level label="2"> <text>Contact information, including a telephone number that a parent may use to receive more information about the mediation process;</text> </level> <level label="3"> <text>Information regarding pro bono representation and other free or low–cost legal and related services available in the area; and</text> </level> <level label="4"> <text>Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.</text> </level> </level> <level label="ii"> <text>A parent may request the information provided under subparagraph (i) of this paragraph at any individualized education program team meeting.</text> </level> </level> <level label="6"> <level label="i"> <text>If the native language spoken by a parent who requests information under paragraph (5) of this subsection is spoken by more than 1% of the student population in the local school system, the parent may request that the information be translated into the parent’s native language.</text> </level> <level label="ii"> <text>If a parent makes a request under subparagraph (i) of this paragraph, the individualized education program team shall provide the parent with the translated document within 30 days after the date of the request.</text> </level> </level> </level> <level label="c"> <text>The individualized education program team shall determine, on at least an annual basis, whether the child requires extended year services in order to ensure that the child is not deprived of a free appropriate public education by virtue of the normal break in the regular school year.</text> </level> <level label="d"> <level label="1"> <text>In this subsection, “emergency conditions” means a period of time of 10 school days or longer, during which:</text> <level label="i"> <text>A child with a disability cannot be provided with an individualized education program or special education services at school; and</text> </level> <level label="ii"> <text>The school is providing instruction in some form to its students.</text> </level> </level> <level label="2"> <level label="i"> <text>Beginning October 1, 2021, an individualized education program shall include a learning continuity plan to implement during emergency conditions in order to ensure that the individualized education program is proceeding appropriately despite the emergency conditions.</text> </level> <level label="ii"> <text>A learning continuity plan required under subparagraph (i) of this paragraph shall be developed by an individualized education program team at the time of:</text> <level label="1"> <text>The development of a student’s initial individualized education program; or</text> </level> <level label="2"> <text>The next scheduled revision of a student’s individualized education program.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>Within 10 days of an individualized education program team determining that emergency conditions exist, the team shall make a reasonable attempt to notify the parent or guardian of a child who requires an individualized education program that a learning continuity plan is in place.</text> </level> <level label="ii"> <text>In contacting a parent or guardian under this paragraph, the individualized education program team shall seek input from the parent or guardian on how the learning continuity plan will best operate during emergency conditions.</text> </level> </level> <level label="4"> <text>Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under § 8–413 of this subtitle.</text> </level> <level label="5"> <text>An individualized education program team shall periodically update the emergency learning continuity plan.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>Except as provided in paragraph (2) of this subsection, and subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a scheduled meeting of the individualized education program team or other multidisciplinary education team for any purpose for a child with a disability, appropriate school personnel shall provide the parents of the child with:</text> <level label="1"> <text>An accessible copy of each assessment, report, data chart, draft individualized education program, or other document that either team plans to discuss at the meeting;</text> </level> <level label="2"> <text>Notification of the right of the parent to be accompanied to the meeting by any individual who has knowledge or expertise regarding the student; and</text> </level> <level label="3"> <text>Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.</text> </level> </level> <level label="ii"> <text>Subject to subparagraph (i) of this paragraph, an assessment, report, data chart, or other document prepared by a school psychologist or other medical professional that either team plans to discuss at the meeting may be provided to the parents of the child orally and in writing prior to the meeting.</text> </level> <level label="iii"> <text>The parents of a child may notify appropriate school personnel that they do not want to receive the documents required to be provided under subparagraph (i) of this paragraph.</text> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, appropriate school personnel are not required to comply with paragraph (1) of this subsection in the event of an extenuating circumstance.</text> </level> <level label="ii"> <text>In the event of an extenuating circumstance, appropriate school personnel who fail to comply with paragraph (1) of this subsection shall document the extenuating circumstance and communicate that information to the parents of the child.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>Not later than 5 business days after a scheduled meeting of the individualized education program team or other multidisciplinary team for a child with a disability, appropriate school personnel shall provide the parents of the child with a copy of the completed individualized education program.</text> </level> <level label="2"> <text>If the individualized education program has not been completed by the 5th business day after the meeting, the parents shall be provided with the draft copy of the individualized education program.</text> </level> <level label="3"> <text>The completed or draft individualized education program shall be provided to the parents in an accessible format.</text> </level> <level label="4"> <level label="i"> <text>If the native language spoken by the parents of a child with a completed individualized education program or a completed individualized family service plan is spoken by more than 1 percent of the student population in the local school system, the parents may request the document to be translated into the parents’ native language.</text> </level> <level label="ii"> <text>If a parent makes a request under subparagraph (i) of this paragraph, appropriate school personnel shall provide the parents with the translated document within 30 days after the date of the request.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an individualized education program team shall obtain written consent from a parent if the team proposes to:</text> <level label="i"> <text>Enroll the child in an alternative education program that does not issue or provide credits toward a Maryland high school diploma;</text> </level> <level label="ii"> <text>Identify the child for the alternative education assessment aligned with the State’s alternative curriculum; or</text> </level> <level label="iii"> <text>Include restraint or seclusion in the individualized education program to address the child’s behavior as described in COMAR 13A.08.04.05.</text> </level> </level> <level label="2"> <text>If the parent does not provide written consent to an action proposed in paragraph (1) of this subsection at the individualized education program team meeting, the individualized education program team shall send the parent written notice no later than 5 business days after the individualized education program team meeting that informs the parent that:</text> <level label="i"> <text>The parent has the right to either consent to or refuse to consent to an action proposed under paragraph (1) of this subsection; and</text> </level> <level label="ii"> <text>If the parent does not provide written consent or a written refusal to consent to an action proposed under paragraph (1) of this subsection within 15 business days of the individualized education program team meeting, the individualized education program team may implement the proposed action.</text> </level> </level> <level label="3"> <text>If the parent refuses to consent to the action proposed, the individualized education program team may use the dispute resolution options listed in § 8–413 of this subtitle to resolve the matter.</text> </level> </level> <level label="h"> <text>To fulfill the purposes of this section, school personnel may provide the documents required under this section through:</text> <level label="1"> <text>Electronic delivery;</text> </level> <level label="2"> <text>Home delivery with the student; or</text> </level> <level label="3"> <text>Any other reasonable and legal method of delivery.</text> </level> </level> <level label="i"> <text>Failure to comply with this section does not constitute a substantive violation of the requirement to provide a student with a free appropriate public education.</text> </level> <level label="j"> <text>The Department shall adopt:</text> <level label="1"> <text>Regulations that define what information should be provided in the verbal and written explanations of the parents’ rights and responsibilities in the individualized education program process; and</text> </level> <level label="2"> <text>Any other regulations necessary to carry out subsection (b)(2) and (4) of this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-405.1" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>Subject to subsection (b) of this section, at least one time each year at a student’s 504 plan meeting, the parents of the student shall be provided with the written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.</text> </level> <level label="b"> <level label="1"> <text>If a student’s 504 plan meeting does not occur at least one time each year, the written informational materials described under subsection (a) of this section shall be provided at each 504 plan meeting.</text> </level> <level label="2"> <text>If a parent’s native language is not English, the written informational materials shall be provided in the parent’s native language.</text> </level> <level label="3"> <text>The parents may request the written informational materials provided at any subsequent meeting.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-406" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>In this section, “wraparound services”:</text> <level label="1"> <text>Means individualized services, excluding regular school programs or services, that are provided to a child with a disability and the child’s family; and</text> </level> <level label="2"> <text>Includes the following services:</text> <level label="i"> <text>Behavioral aide in home;</text> </level> <level label="ii"> <text>Education tutoring;</text> </level> <level label="iii"> <text>Family therapy;</text> </level> <level label="iv"> <text>Medication management;</text> </level> <level label="v"> <text>Respite care;</text> </level> <level label="vi"> <text>Vocational mentoring; and</text> </level> <level label="vii"> <text>Environmental accessibility adaptations.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A child with a disability who needs special education and related services that cannot be provided in a public county, regional, or State program shall be placed in an appropriate nonpublic educational program that offers these services.</text> </level> <level label="2"> <text>A child with a disability who needs special education and related services is eligible for an appropriate nonpublic educational placement under this section if a State or local agency provides documentation that the child cannot attend a public school in the local school system:</text> <level label="i"> <text>Because of the child’s home circumstances; or</text> </level> <level label="ii"> <text>Subject to subsection (d)(1) and (2) of this section, because of medical necessity.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The cost of the nonpublic educational program shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, as appropriate.</text> </level> <level label="2"> <text>Subject to availability of funding in the State budget, for a child who qualifies for a nonpublic educational program under subsection (b)(2) of this section and who requires wraparound services in order to receive special education and related services in the least restrictive environment, the cost of providing the services shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, if a State or local agency documents that the child’s parent or legal guardian is unable to provide the wraparound services.</text> </level> </level> <level label="d"> <level label="1"> <text>Payment or reimbursement for a nonpublic program may not be provided if the payment or reimbursement would require an additional contribution from the State under § 8-415(d)(2) of this subtitle unless the Department approves:</text> <level label="i"> <text>The nonpublic program;</text> </level> <level label="ii"> <text>The placement of the child in the program;</text> </level> <level label="iii"> <text>The cost of the program; and</text> </level> <level label="iv"> <text>The amount of payment or reimbursement.</text> </level> </level> <level label="2"> <text>For wraparound services, payment or reimbursement may not be provided in accordance with § 8-415(d) of this subtitle if:</text> <level label="i"> <text>The child is eligible for funding for out-of-state placement of children under departmental regulations; or</text> </level> <level label="ii"> <text>Alternative federal, State, or local funding is available.</text> </level> </level> <level label="3"> <text>Department approval is not required for a nonpublic program if:</text> <level label="i"> <text>The local school system approves the placement of the child in the program; and</text> </level> <level label="ii"> <text>The local school system makes the payment or reimbursement from local funds.</text> </level> </level> <level label="4"> <text>The State Board shall adopt regulations that establish standards and guidelines for approvals required by paragraph (3) of this subsection.</text> </level> </level> <level label="e"> <text>A nonpublic placement recommended by a local school system for approval under subsection (d)(1) of this section shall be approved or disapproved pursuant to the regulations of the State Board. However, the Department may not disapprove a nonpublic placement recommended by a local school system for a child unless the Department provides an appropriate alternative placement in conformity with the regulations of the State Board and applicable federal laws and regulations. The Department may not terminate funding for the last approved nonpublic placement of a child during the pendency of an administrative or judicial review of a recommended placement change.</text> </level> <level label="f"> <text>In addition to meeting the requirements of this subtitle, a local school system seeking nonpublic tuition payment shall obtain funding approval from the local coordinating council and the State Coordinating Council in accordance with departmental regulations.</text> </level> <level label="g"> <text>The Department shall adopt regulations to carry out the provisions of this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-407" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <text>All proceedings held and decisions made pursuant to this subtitle shall be in conformance with applicable federal law.</text> </section> <section article="ged" article_name="Education" number="8-408" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Assessment” means the process of collecting data to be used by an IEP team to determine a student’s need for special education and related services.</text> </level> <level label="3"> <text>“Braille” means the system of reading and writing through touch commonly known as Standard English Contracted Braille.</text> </level> <level label="4"> <text>“Child who is blind or visually impaired” means a child who:</text> <level label="i"> <text>Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees;</text> </level> <level label="ii"> <text>Has a medically indicated expectation of visual deterioration; or</text> </level> <level label="iii"> <text>Has a medically diagnosed limitation in visual functioning that restricts the child’s ability to read and write standard print at levels expected of other children of comparable ability and grade level.</text> </level> </level> <level label="5"> <text>“Individualized education program” and “IEP team” have the same meaning as provided by the Individuals with Disabilities Education Act.</text> </level> <level label="6"> <text>“National Instructional Materials Access Center” means the center established under § 674(e) of the federal Individuals with Disabilities Education Improvement Act of 2004.</text> </level> <level label="7"> <text>“NIMAS” means the National Instructional Materials Accessibility Standard established by the federal Secretary for Education under 20 U.S.C. 1412 to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.</text> </level> <level label="8"> <text>“Orientation and mobility” means instruction provided to a child who is blind or visually impaired to enable the child to attain systematic orientation to and safe movement within the child’s school, home, and community environments.</text> </level> <level label="9"> <text>“Print instructional materials” means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by the Department or county board for use by students in the classroom.</text> </level> <level label="10"> <text>“Specialized formats” means braille, large print, audio, or digital text that is used by blind or visually impaired individuals.</text> </level> </level> <level label="b"> <level label="1"> <text>In developing the individualized education program for a child who is blind or visually impaired, provisions shall be made for instruction in braille and the use of braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in braille or the use of braille, that such instruction or use is not appropriate for the child.</text> <level label="i"> <text>A child may not be denied the opportunity for instruction in braille reading and writing solely because the child has some remaining vision.</text> </level> <level label="ii"> <text>This section does not require the exclusive use of braille if other reading and writing media are appropriate to the child’s educational needs. The use of other reading and writing media does not preclude the use of braille or the instruction of braille.</text> </level> </level> <level label="2"> <text>For the purpose of achieving successful implementation of this subsection, the State Board and the Professional Standards and Teacher Education Board shall adopt certification standards for teachers of blind and visually impaired students.</text> </level> <level label="3"> <level label="i"> <text>The Department shall collaborate with and provide support to the Instructional Resources Center to develop procedures to coordinate the statewide availability of textbooks and supplementary instructional materials that may be accessed using specialized formats that use NIMAS.</text> </level> <level label="ii"> <level label="1"> <text>The procedures developed under subparagraph (i) of this paragraph shall require the Department and a county board to include, in any procurement contract or other document or agreement used to purchase print instructional materials from a publisher, a provision that requires the publisher to:</text> </level> <level label="A"> <text>On or before the delivery of the print instructional materials, prepare and provide the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using NIMAS; or</text> </level> <level label="B"> <text>Purchase instructional materials from that publisher that are produced in, or may be rendered in, specialized formats.</text> </level> <level label="2"> <text>A publisher may not be required to provide an electronic copy of any instructional material copyrighted before July 1, 2007.</text> </level> </level> <level label="iii"> <text>The State Board shall coordinate with the National Instructional Materials Access Center to facilitate the timely transfer to the Instructional Resources Center of:</text> <level label="1"> <text>Electronic files or instructional materials sent by publishers for the Instructional Resources Center to convert the instructional materials into specialized formats; and</text> </level> <level label="2"> <text>Electronic files or instructional materials purchased from a publisher in a specialized format.</text> </level> </level> <level label="iv"> <text>Beginning on July 1, 2007, the Instructional Resources Center shall make reasonable efforts to provide the instructional materials in specialized formats to students who are blind or visually impaired for use on the first day of classes each year or in a timely manner.</text> </level> <level label="v"> <level label="1"> <text>On or before March 15, 2025, and each March 15 thereafter, each county board shall determine the instructional materials that will be used in the upcoming school year by students with individualized education programs under paragraph (1) of this subsection and plans under Section 504 of the federal Rehabilitation Act of 1973.</text> </level> <level label="2"> <text>The county board shall coordinate with the Instructional Resources Center to provide the instructional materials in a specialized format to the students who are blind or visually impaired not later than the first day of classes of the upcoming school year.</text> </level> <level label="3"> <text>If the county board is unable to fulfill the requirements under subsubparagraphs 1 and 2 of this subparagraph, the county board and the family of the student must develop and agree on a plan to remedy the delivery of the instructional materials not later than 45 days before the first day of classes of the upcoming school year.</text> </level> </level> </level> <level label="4"> <level label="i"> <text>Beginning in fiscal year 2008 and annually thereafter, the Governor shall include $150,000 in the annual budget submission for the Instructional Resources Center established by the Department.</text> </level> <level label="ii"> <text>The Department shall provide support to the Instructional Resources Center to ensure that textbooks and supplemental instructional materials in a specialized format are available to blind and visually impaired students statewide.</text> </level> </level> <level label="5"> <text>On or before September 1, 2012, the State Board shall establish standards for the mastery of braille for use in English, language arts, and mathematics instruction of blind and visually impaired students in pre–kindergarten through grade 12.</text> </level> <level label="6"> <level label="i"> <text>Beginning on January 1, 2025, a county board shall require in any contract with a publisher of pupil edition textbooks, that the publisher provide an electronic file of the textbook in the NIMAS standard to the National Instructional Materials Access Center at the same time that the publisher provides the textbooks.</text> </level> <level label="ii"> <text>The Department and county boards shall enter into a memorandum of understanding to accomplish the purposes of this paragraph.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>Orientation and mobility instruction shall be included in the individualized education program of a child who is blind or visually impaired, unless the IEP team determines, in accordance with paragraph (2) of this subsection, that orientation and mobility instruction is not appropriate for the child.</text> </level> <level label="ii"> <text>A child may not be denied orientation and mobility instruction solely because the child has some remaining vision.</text> </level> </level> <level label="2"> <level label="i"> <level label="1"> <text>If the IEP team objects to the inclusion of orientation and mobility instruction in the child’s individualized education program because the IEP team has determined that orientation and mobility instruction is not appropriate for the child, the IEP team shall order an orientation and mobility assessment to be conducted in accordance with paragraph (3) of this subsection.</text> </level> <level label="2"> <text>An orientation and mobility assessment shall be conducted by a qualified individual in accordance with regulations adopted by the Department.</text> </level> </level> <level label="ii"> <text>Within 30 days after the date of receipt of an orientation and mobility assessment, the IEP team that ordered the assessment shall meet to consider the results of the assessment and determine whether orientation and mobility instruction is appropriate for the child.</text> </level> <level label="iii"> <text>If the IEP team determines that orientation and mobility instruction is not appropriate for the child, the IEP team may not include orientation and mobility instruction in the child’s individualized education program.</text> </level> <level label="iv"> <text>The determination of an IEP team regarding the provision of orientation and mobility instruction under this paragraph shall be binding for the entire school year in which the determination is made, unless there are significant changes in the circumstances of the child.</text> </level> </level> <level label="3"> <text>An orientation and mobility assessment, at a minimum, shall:</text> <level label="i"> <text>Contain input from the child’s parent or guardian;</text> </level> <level label="ii"> <text>Contain input from the child’s classroom teacher; and</text> </level> <level label="iii"> <text>Consider, at a minimum, the child’s:</text> <level label="1"> <text>Age;</text> </level> <level label="2"> <text>Current and future needs;</text> </level> <level label="3"> <text>Ability to function in familiar and unfamiliar areas; and</text> </level> <level label="4"> <text>Ability to function under various lighting conditions.</text> </level> </level> </level> <level label="4"> <text>Each local school system shall provide verbal and written notice to the parent or guardian of a child who is blind or visually impaired of the availability of orientation and mobility instruction at least one time each year.</text> </level> <level label="5"> <level label="i"> <text>Orientation and mobility instruction provided in accordance with this subsection shall be provided by a qualified individual.</text> </level> <level label="ii"> <level label="1"> <text>On or before January 1, 2017, the Department shall adopt regulations that define how an individual is deemed qualified under subparagraph (i) of this paragraph.</text> </level> <level label="2"> <text>The Department may not adopt a regulation under subsubparagraph 1 of this subparagraph that has the effect of prohibiting a blind or visually impaired individual from being qualified to provide orientation and mobility instruction or conduct an orientation and mobility assessment.</text> </level> </level> </level> </level> <level label="d"> <text>On or before March 1, 2017, the Department shall provide guidelines to each local school system on conducting orientation and mobility assessments in accordance with subsection (c)(3) of this section.</text> </level> <level label="e"> <level label="1"> <text>On or before October 1, 2026, and each October 1 thereafter, the Instructional Resources Center shall submit to the Department a report on the accessibility and delivery of textbooks and supplemental instructional materials during the previous school year, including:</text> <level label="i"> <text>The number of electronic files publishers provided to NIMAS;</text> </level> <level label="ii"> <text>The number of students requesting instructional materials;</text> </level> <level label="iii"> <text>The grade level of students requesting instructional materials;</text> </level> <level label="iv"> <text>The number of requests for instructional materials in a specialized format that could be fulfilled; and</text> </level> <level label="v"> <text>The number of requests for instructional materials in a specialized format that could not be fulfilled and an explanation regarding why the request could not be fulfilled.</text> </level> </level> <level label="2"> <text>The Department shall post on its website the information received from the Instructional Resources Center in accordance with this subsection.</text> </level> </level> <level label="f"> <text>On or before December 31, 2026, and each December 31 thereafter, the Department shall report its findings on the equity of textbooks and supplemental materials for blind and visually impaired students to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> <level label="g"> <text>The State Board shall adopt regulations:</text> <level label="1"> <text>Consistent with § 7–910 of this article; and</text> </level> <level label="2"> <text>To implement the provisions of this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-410" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>Each local school system shall provide or arrange for the transportation during the regular school year of each child with a disability who is in a placement approved in conformity with this subtitle and applicable regulations of the State Board and standards in:</text> <level label="1"> <text>A public school;</text> </level> <level label="2"> <text>A school maintained by a State agency; and</text> </level> <level label="3"> <text>A nonpublic school.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the local school system of the county in which the child with a disability resides shall certify and pay the cost of his daily or other reasonable transportation to school under the rules and regulations adopted by the State Board if:</text> <level label="i"> <text>The school is outside this State or the county in which the child resides; and</text> </level> <level label="ii"> <text>State aid has provided for the education of the child under this subtitle.</text> </level> </level> <level label="2"> <text>If a local management board, as established under Title 8, Subtitle 3 of the Human Services Article, funds the placement of a child in a school that is outside the State or the county in which the child resides without consulting the local school system, the local management board shall certify and pay the cost of the student’s daily or other reasonable transportation to school.</text> </level> </level> <level label="c"> <level label="1"> <text>The rules and regulations adopted by the State Board shall take into consideration any hardship cases that reasonably may require additional expenses to guarantee adequate transportation during the regular school year.</text> </level> <level label="2"> <text>In addition to providing advice to the Motor Vehicle Administration under § 25-110 of the Transportation Article regarding the adoption by the Administration of rules and regulations relating to the safe operation of school vehicles, including vehicles and equipment appropriate for transporting a child with a disability, the Department shall adopt guidelines which set minimum standards to meet in each of the following categories:</text> <level label="i"> <text>The qualifications for hiring and training of drivers and aides, including private contract personnel, involved in handling and transporting a child with a disability to a nonpublic special education facility; and</text> </level> <level label="ii"> <text>The appropriate length of time and distance for transporting a child with a disability to a nonpublic special education facility.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>By July 1 of each year any local school system that has 25 or more children with disabilities attending nonpublic education facilities shall submit to the State Department a detailed report, including any rules and regulations it has adopted since the submission of its last report, which outline the local school system’s compliance with the State Department adopted guidelines for the transportation of a child with a disability to nonpublic special education facilities.</text> </level> <level label="2"> <text>The State Department shall annually:</text> <level label="i"> <text>Review each applicable local school system’s plan or procedures for transporting children with disabilities to nonpublic special education facilities for compliance with the State Department’s guidelines; and</text> </level> <level label="ii"> <text>Advise a local school system as to whether its plan or procedures are in compliance.</text> </level> </level> </level> <level label="e"> <text>In both the adoption of guidelines under subsection (c)(2) of this section and the annual review under subsection (d) of this section of each applicable county’s plan or procedures for transporting children with disabilities to nonpublic special education facilities, the State Department shall:</text> <level label="1"> <text>Take into consideration the particular circumstances and needs of each applicable local school system, including the differences among urban and rural school systems; and</text> </level> <level label="2"> <text>Recognize the need for flexibility on an individual child basis.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-411" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>Each year the Governor shall place an item in the State budget for the education and training of children with disabilities who are under the age of 6.</text> </level> <level label="2"> <text>The appropriation by the General Assembly shall be spent under the supervision and control of the Department.</text> </level> </level> <level label="b"> <text>The Department shall adopt standards and issue rules and regulations based on these standards for:</text> <level label="1"> <text>Identification, evaluation, early intervention, and education of children with disabilities;</text> </level> <level label="2"> <text>Qualifications of service providers and teachers;</text> </level> <level label="3"> <text>Curriculum and equipment; and</text> </level> <level label="4"> <text>General supervision and operation of the program provided in this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-412" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Child” means an individual who is eligible to receive education services in accordance with the Individuals with Disabilities Education Act and applicable State law and regulation.</text> </level> <level label="3"> <text>“Educational decision making process” means all procedures relating to the identification, evaluation, or educational placement of a child and the provision of a free appropriate public education, including the appeal procedures provided for by § 8–413 of this subtitle.</text> </level> <level label="4"> <text>“Local school superintendent” means the school system superintendent or the administrative head in charge of a public agency as defined in paragraph (7) of this subsection that provides educational services to children.</text> </level> <level label="5"> <level label="i"> <text>“Parent” means:</text> <level label="1"> <text>A child’s natural parents;</text> </level> <level label="2"> <text>A child’s adoptive parents;</text> </level> <level label="3"> <text>A guardian;</text> </level> <level label="4"> <text>A person acting as a parent of a child such as a relative or a stepparent with whom a child lives;</text> </level> <level label="5"> <text>A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or</text> </level> <level label="6"> <text>Any other individual who is legally responsible for a child’s welfare.</text> </level> </level> <level label="ii"> <text>“Parent” does not include a social worker or other employee of a public agency who is responsible for the education or care of the child.</text> </level> </level> <level label="6"> <text>“Parent surrogate” means a person who is appointed by the local school superintendent to act in place of a parent of a child in the educational decision making process.</text> </level> <level label="7"> <level label="i"> <text>“Public agency” includes the State Department of Education, local education agencies, and other agencies that are responsible for providing education to a child with a disability, including the Maryland Department of Health, the Behavioral Health Administration, the Developmental Disabilities Administration, the Juvenile Services Education Program, the Maryland School for the Deaf, the Maryland Department of Labor, and the Department of Public Safety and Correctional Services.</text> </level> <level label="ii"> <text>For the purpose of this section, the Maryland School for the Blind shall be considered a public agency.</text> </level> </level> <level label="8"> <text>“Unaccompanied homeless youth” means a homeless youth, as defined by the McKinney–Vento Homeless Assistance Act, who is not in the physical custody of a parent or guardian.</text> </level> <level label="9"> <text>“Unavailable” means that a public agency, after reasonable efforts, cannot discover the physical whereabouts of a child’s parent.</text> </level> <level label="10"> <text>“Unknown” means that a public agency, after reasonable efforts, cannot identify the child’s parent.</text> </level> <level label="11"> <text>“Ward of the State” means a child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child.</text> </level> </level> <level label="b"> <text>Public agency personnel shall request that the local school superintendent appoint a parent surrogate to represent a child at any point in the educational decision making process if it is suspected that the child may be disabled and if:</text> <level label="1"> <text>The child is a ward of the State;</text> </level> <level label="2"> <text>The child is an unaccompanied homeless youth; or</text> </level> <level label="3"> <level label="i"> <text>The parents of the child are unknown or unavailable; and</text> </level> <level label="ii"> <text>The child’s rights have not been transferred in accordance with § 8–412.1 of this subtitle.</text> </level> </level> </level> <level label="c"> <text>Any request to the local school superintendent for the appointment of a parent surrogate under subsection (b) of this section shall include:</text> <level label="1"> <text>The name, date of birth, sex, legal domicile, and present residence of the child;</text> </level> <level label="2"> <text>A statement that the child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section;</text> </level> <level label="3"> <text>Documentation, as applicable, of the efforts made over the course of 15 business days to identify the parent if unknown or to locate the parent if unavailable that include, at a minimum:</text> <level label="i"> <text>A search of telephone directories; and</text> </level> <level label="ii"> <text>Letters sent by certified mail; and</text> </level> </level> <level label="4"> <text>The name and qualifications of the proposed parent surrogate whom the public agency considers to be qualified to represent the child in the educational decision making process.</text> </level> </level> <level label="d"> <text>The local school superintendent shall ensure that the person proposed to serve as the child’s parent surrogate:</text> <level label="1"> <text>Has no interest that conflicts with the interests of the child to be entrusted to that person; and</text> </level> <level label="2"> <text>Has knowledge and skills that ensure adequate representation of the child.</text> </level> </level> <level label="e"> <level label="1"> <text>The local school superintendent shall appoint a parent surrogate not more than 30 days after a determination of need, if the local school superintendent finds:</text> <level label="i"> <text>The child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section; and</text> </level> <level label="ii"> <text>The proposed parent surrogate is qualified to represent the child in the educational decision making process in accordance with subsection (d) of this section.</text> </level> </level> <level label="2"> <text>If the local school superintendent finds that the child is not eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section, the local school superintendent shall notify the requesting individual of this finding and specify the reasons in writing.</text> </level> <level label="3"> <text>If the local school superintendent finds that the proposed parent surrogate is not qualified to represent the child in the educational decision making process in accordance with subsection (d) of this section, the local school superintendent may:</text> <level label="i"> <text>Request public agency personnel to propose the appointment of another parent surrogate who is qualified; or</text> </level> <level label="ii"> <text>Select and appoint a parent surrogate who is qualified.</text> </level> </level> <level label="4"> <level label="i"> <text>The local school superintendent shall notify the State Superintendent in writing of the parent surrogate appointment.</text> </level> <level label="ii"> <text>The notice shall occur within 30 days after the day on which the appointment is made.</text> </level> <level label="iii"> <text>The notification shall include the child’s name, the name of the parent surrogate, and any other information deemed applicable.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>A child entrusted to a parent surrogate shall be represented by that parent surrogate in the educational decision making process.</text> </level> <level label="2"> <text>A parent surrogate is not liable to the child entrusted to that parent surrogate or to the parent of that child for any damages that result from acts or omissions of that parent surrogate constituting ordinary negligence.</text> </level> <level label="3"> <text>This immunity does not apply to liability covered by any applicable insurance, to the extent of that coverage, or to acts or omissions constituting gross, willful, or wanton negligence.</text> </level> </level> <level label="g"> <level label="1"> <text>The local school superintendent may terminate the appointment of a previously assigned parent surrogate for good cause.</text> </level> <level label="2"> <text>When the local school superintendent terminates the appointment of the parent surrogate, the local school superintendent shall state the reasons for the action and notify the State Superintendent, in writing, of the termination of a previously appointed parent surrogate.</text> </level> <level label="3"> <text>The local school superintendent shall submit the name and qualifications of another individual who is assigned as the new parent surrogate if the child continues to require a parent surrogate in accordance with subsection (b) of this section.</text> </level> </level> <level label="h"> <text>The State Board shall adopt rules and regulations in accordance with the Administrative Procedure Act on the qualifications, selection, appointment, training, compensation, removal, and replacement necessary to implement this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-412.1" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>When a child with a disability reaches the age of 18 years, all rights accorded to parents under the federal Individuals with Disabilities Education Act shall transfer to the child if the child has not been adjudged incompetent under State law and if there is documentation that:</text> <level label="1"> <text>The parents are unavailable or unknown as defined in § 8-412 of this subtitle, the child would be eligible for a parent surrogate, and the child requests that the parental rights be transferred to the child;</text> </level> <level label="2"> <text>The parents have not participated in the special education decision making process for the child after repeated attempts by the local school system to involve the parents over the previous year as described in COMAR 13A.05.01.07C(7);</text> </level> <level label="3"> <text>The parents have affirmatively rejected participation in the special education decision making process;</text> </level> <level label="4"> <text>The parents cannot participate in the special education decision making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both of the parents and the parents have consented to the transfer of rights to the child;</text> </level> <level label="5"> <text>The parents cannot participate in the special education decision making process due to extraordinary circumstances beyond the control of the parents and the parents have consented to the transfer of rights to the child; or</text> </level> <level label="6"> <text>The child is living outside of the parents’ home and is not in the care or custody of another public agency as defined in § 8-412 of this subtitle.</text> </level> </level> <level label="b"> <text>A child with disabilities who reaches the age of 18 years and is living at home with the child’s parents and whose parents do not consent to the transfer of rights to the child may file for due process in accordance with § 8-413 of this subtitle to determine whether the rights should be transferred to the child.</text> </level> <level label="c"> <text>If a child with disabilities who has reached the age of 18 years has been represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice required by the federal Individuals with Disabilities Education Act shall be provided to both the child and to the parent surrogate and all other rights accorded to the parent surrogate under that Act shall transfer to the child if the child has not been adjudged incompetent under State law and the child requests that the rights transfer to the child.</text> </level> </section> <section article="ged" article_name="Education" number="8-413" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Administrative law judge” means an individual serving in the role of an impartial hearing officer as required under the federal Individuals with Disabilities Education Act.</text> </level> <level label="3"> <text>“Due process complaint” means a written request for a due process hearing filed by the parent of a child with a disability, as defined in § 8–412 of this subtitle, or a public agency, to resolve a dispute over the identification, evaluation, educational placement, or the provision of free appropriate public education, in accordance with federal law.</text> </level> <level label="4"> <text>“Federal law” means the Individuals with Disabilities Education Act and regulations adopted under that Act.</text> </level> <level label="5"> <text>“Parent” means:</text> <level label="i"> <text>A child’s natural or adoptive parents, a guardian, or a person acting as a parent of a child, such as a relative or a stepparent with whom the child lives;</text> </level> <level label="ii"> <text>A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that placed the child in foster care;</text> </level> <level label="iii"> <text>Another individual who is legally responsible for the child’s welfare; or</text> </level> <level label="iv"> <text>A parent surrogate appointed in accordance with § 8–412 of this subtitle.</text> </level> </level> <level label="6"> <text>“Public agency” means the State Department of Education, a local school system, the Juvenile Services Education Program, or any State agency responsible for providing education to students with disabilities, including the Maryland School for the Blind and the Maryland School for the Deaf.</text> </level> <level label="7"> <text>“Resolution session” means a preliminary meeting the public agency shall convene with the child’s parent in accordance with federal law.</text> </level> </level> <level label="b"> <level label="1"> <text>The parent of a child with a disability or a public agency may formally request mediation at any time to resolve any disagreement between the parties regarding the child’s special education services or program.</text> </level> <level label="2"> <text>If a parent files a due process complaint against a public agency concerning the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education, any party shall be given the opportunity to request mediation of those aspects of the decision subject to dispute.</text> </level> <level label="3"> <text>The request for mediation may not be used to deny or delay the parent’s rights under federal law or this section.</text> </level> <level label="4"> <text>Any party to the mediation has the right to be accompanied and advised by counsel.</text> </level> <level label="5"> <text>Mediation shall be conducted in accordance with departmental regulations.</text> </level> <level label="6"> <text>A mediation agreement shall be in writing and is enforceable in a court of competent jurisdiction in accordance with federal law.</text> </level> <level label="7"> <text>The Department shall make a staff member available to assist a parent in understanding the mediation process.</text> </level> <level label="8"> <text>Before mediation begins, the Department shall notify a parent about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>Before conducting a due process hearing in accordance with subsection (d) of this section, the public agency shall provide the parent with:</text> <level label="i"> <text>An opportunity to resolve the due process complaint at a resolution session in accordance with federal law; and</text> </level> <level label="ii"> <text>Notification about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.</text> </level> </level> <level label="2"> <text>A resolution session agreement shall be in writing and enforceable in a court of competent jurisdiction in accordance with federal law.</text> </level> <level label="3"> <text>A written resolution agreement may be voided by the parties within 3 business days of execution in accordance with federal law.</text> </level> </level> <level label="d"> <level label="1"> <text>A parent of a child with disabilities shall file a due process complaint with the Office of Administrative Hearings and the public agency.</text> </level> <level label="2"> <text>A public agency shall file a due process complaint with the Office of Administrative Hearings and the parent.</text> </level> <level label="3"> <text>Except as provided in paragraph (4) of this subsection, the complaining party shall file a due process complaint within 2 years of the date the party knew or should have known about the action that forms the basis of the due process complaint.</text> </level> <level label="4"> <text>The statute of limitations described under paragraph (3) of this subsection does not apply to a parent who is prevented from requesting a due process hearing due to:</text> <level label="i"> <text>Specific misrepresentations made by the public agency that it had resolved the problem that formed the basis of the due process complaint; or</text> </level> <level label="ii"> <text>The public agency’s withholding of information that the public agency was required to provide to the parent.</text> </level> </level> <level label="5"> <text>In order to conduct a hearing, the Office of Administrative Hearings shall appoint an administrative law judge who:</text> <level label="i"> <text>Is an administrative law judge in the Office of Administrative Hearings; and</text> </level> <level label="ii"> <text>Meets the requirements of a due process hearing officer in accordance with federal law.</text> </level> </level> <level label="6"> <text>Unless the parent and the public agency otherwise agree, during the course of any administrative or judicial proceeding, the child must remain in the last approved placement in accordance with federal law.</text> </level> <level label="7"> <text>If the hearing concerns the initial admission of a child into a public school, the child with the consent of the parent must be placed in the public school program until the proceedings have been completed.</text> </level> </level> <level label="e"> <level label="1"> <text>The administrative law judge appointed under subsection (d) of this section shall conduct the hearing in accordance with federal law, Title 10 of the State Government Article, and the Office of Administrative Hearings Rules of Administrative Procedure, and may:</text> <level label="i"> <text>After review of the educational records of the child, dismiss any request for review which does not relate to a matter described in subsection (d)(1) of this section;</text> </level> <level label="ii"> <text>Require the parties to attend a prehearing conference prior to the due process hearing;</text> </level> <level label="iii"> <text>Hear any testimony that it considers relevant;</text> </level> <level label="iv"> <text>Require an independent evaluation or call an impartial expert witness in the diagnosis or education of students with disabilities whose testimony shall be on the record and whose costs shall be paid by the State Education Agency; and</text> </level> <level label="v"> <text>Administer oaths to witnesses at the hearing on request of a party.</text> </level> </level> <level label="2"> <text>The provisions of the Family Educational Rights and Privacy Act and 34 C.F.R. Part 99 shall apply to school records sought by the impartial expert witness.</text> </level> <level label="3"> <text>If the parties cannot agree on an impartial expert witness, each party shall be given the opportunity to submit a list of possible experts, and the administrative law judge shall decide which impartial expert witness to call.</text> </level> </level> <level label="f"> <level label="1"> <text>Any party to the hearing has the right to:</text> <level label="i"> <text>Be accompanied and be advised by counsel and individuals with special knowledge or training with respect to the problems of children with disabilities;</text> </level> <level label="ii"> <text>Present evidence and confront, cross–examine, and compel the attendance of witnesses;</text> </level> <level label="iii"> <text>Prohibit the introduction of any evidence at the hearing which has not been disclosed to all parties at least 5 days before the hearing;</text> </level> <level label="iv"> <text>Obtain a written or electronic verbatim record of the hearing; and</text> </level> <level label="v"> <text>Obtain written findings of fact and decisions.</text> </level> </level> <level label="2"> <text>Parents involved in the hearings must be given the right to:</text> <level label="i"> <text>Have the child who is the subject of the hearing present; and</text> </level> <level label="ii"> <text>Open the hearing to the public.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>The decision of the administrative law judge shall be made on substantive grounds based on the determination of whether the child received a free appropriate public education.</text> </level> <level label="2"> <text>In matters alleging a procedural violation, an administrative law judge may find that the child did not receive a free appropriate public education only if the procedural inadequacies:</text> <level label="i"> <text>Impeded the child’s right to a free appropriate public education;</text> </level> <level label="ii"> <text>Significantly impeded the parents’ opportunity to participate in the educational decision making process regarding the provision of a free appropriate public education to the parents’ child; or</text> </level> <level label="iii"> <text>Caused a deprivation of educational benefits.</text> </level> </level> </level> <level label="h"> <text>The hearing shall be held and a written decision shall be issued within the time periods established by federal law. The administrative law judge may grant a specific extension of time at the request of either party.</text> </level> <level label="i"> <text>If, at the time of the due process complaint, the child who is the subject of the hearing is not enrolled and attending an approved educational program or, if the due process complaint is over the placement or manifestation determination of a child, due to a violation of the rules of conduct, an expedited hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing.</text> </level> <level label="j"> <text>Within 120 calendar days of the issuance of the hearing decision, any party to the hearing may file an appeal from a final decision of the Office of Administrative Hearings to the federal District Court for Maryland or to the circuit court for the county in which the child resides.</text> </level> <level label="k"> <level label="1"> <text>A public agency is not required to pay for the cost of education, including special education and related services, for a child with a disability at a private or nonpublic school if the public agency made a free appropriate public education available to the child and the parent of the child elected to place the child in such a school or facility.</text> </level> <level label="2"> <text>If the parent of a child with a disability, who previously received special education and related services under the authority of a public agency, enrolls the child in a nonpublic school or facility without the consent of or referral by the public agency, an administrative law judge or a court may require the public agency to reimburse the parent for the costs of the placement enrollment if the administrative law judge or court determines that the public agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment.</text> </level> <level label="3"> <text>Reimbursement may be reduced or denied by the administrative law judge or court in accordance with federal law.</text> </level> </level> <level label="l"> <level label="1"> <text>The court may award reasonable attorney’s fees and related costs, including expert witness fees and costs, to the parent of a child with a disability who is a prevailing party in accordance with this subsection.</text> </level> <level label="2"> <text>Subject to paragraph (3) of this subsection, attorney’s fees may not be awarded and related costs may not be reimbursed for services performed after the date a written offer of settlement is made to a parent if:</text> <level label="i"> <text>The settlement offer is made more than 14 days before the start of the proceeding;</text> </level> <level label="ii"> <text>The settlement offer is not accepted within 14 days; and</text> </level> <level label="iii"> <text>The court finds that the relief finally obtained by the parent is not more favorable to the parent than the settlement offer.</text> </level> </level> <level label="3"> <text>An award of attorney’s fees and related costs, including expert witness fees and costs, may be made to a parent who is the prevailing party and who was substantially justified in rejecting a settlement offer.</text> </level> </level> <level label="m"> <level label="1"> <text>A public agency annually shall collect the following information for each mediation proceeding and due process proceeding:</text> <level label="i"> <text>The nature of the dispute; and</text> </level> <level label="ii"> <text>The student’s:</text> <level label="1"> <text>Grade level;</text> </level> <level label="2"> <text>Special education placement;</text> </level> <level label="3"> <text>Disability category;</text> </level> <level label="4"> <text>Race;</text> </level> <level label="5"> <text>Ethnicity;</text> </level> <level label="6"> <text>Gender;</text> </level> <level label="7"> <text>English learner status; and</text> </level> <level label="8"> <text>Free and reduced price meals status.</text> </level> </level> </level> <level label="2"> <text>The Department shall compile the information collected under paragraph (1) of this subsection and, on or before November 1 each year, shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-413.1" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Advocate” means an individual who, for compensation, provides support and guidance during individualized education program meetings, mediation proceedings, or due process proceedings to:</text> <level label="1"> <text>A student with a disability; or</text> </level> <level label="2"> <text>The parent or guardian of a student with a disability.</text> </level> </level> <level label="ii"> <text>“Advocate” does not include:</text> <level label="1"> <text>An attorney acting in a legal capacity to represent a student with a disability; or</text> </level> <level label="2"> <text>A consultant.</text> </level> </level> </level> <level label="3"> <text>“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.</text> </level> <level label="4"> <text>“Eligible student” means a student with a disability whose parent has:</text> <level label="i"> <text>A household income of not more than 150% of the income guidelines used by the Maryland Volunteer Lawyers Service; and</text> </level> <level label="ii"> <text>Made at least one attempt to resolve a disagreement with a public agency regarding the child’s special education services or program.</text> </level> </level> <level label="5"> <text>“Fund” means the Access to Attorneys, Advocates, and Consultants for Special Education Fund.</text> </level> <level label="6"> <text>“Individualized education program” has the same meaning as stated in the federal Individuals with Disabilities Education Act.</text> </level> <level label="7"> <text>“Parent” has the meaning stated in § 8–413 of this subtitle.</text> </level> <level label="8"> <text>“Program” means the Access to Attorneys, Advocates, and Consultants for Special Education Program.</text> </level> <level label="9"> <text>“Public agency” has the meaning stated in § 8–413 of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>There is an Access to Attorneys, Advocates, and Consultants for Special Education Program.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <level label="i"> <text>The Program shall be administered by the Maryland Volunteer Lawyers Service.</text> </level> <level label="ii"> <text>The Maryland Volunteer Lawyers Service shall:</text> <level label="1"> <text>Advertise the Program;</text> </level> <level label="2"> <text>Seek qualified attorneys, advocates, and consultants interested in being included on a referral list to be provided to eligible students;</text> </level> <level label="3"> <text>Compile and maintain a referral list of qualified attorneys, advocates, and consultants;</text> </level> <level label="4"> <text>Develop criteria to determine the required qualifications of attorneys, advocates, and consultants to participate in the Program;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>Develop and distribute to appropriate public agencies the written informational materials required to be provided to parents under § 8–405 of this subtitle;</text> </level> <level label="7"> <text>Ensure that public agencies provide notification of the Program in accordance with subsection (c) of this section;</text> </level> <level label="8"> <text>Provide the referral list to eligible students who contact the Maryland Volunteer Lawyers Service;</text> </level> <level label="9"> <text>Compile data in accordance with subsection (f) of this section; and</text> </level> <level label="10"> <text>Study and evaluate:</text> </level> <level label="A"> <text>The services provided by the Program; and</text> </level> <level label="B"> <text>Resources needed to increase the access of eligible students to attorneys, advocates, and consultants in special education matters.</text> </level> </level> </level> <level label="4"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="5"> <text>The Program may serve only eligible students who meet at least one of the following:</text> <level label="i"> <text>A more restrictive or less restrictive placement is being proposed for the eligible student and the parent disagrees with the proposal;</text> </level> <level label="ii"> <text>A reduction in instructional or related services is being proposed for the eligible student and the parent disagrees with the proposal;</text> </level> <level label="iii"> <text>The eligible student has been suspended or otherwise removed from school for more than 10 days;</text> </level> <level label="iv"> <text>The school has requested a due process hearing against the eligible student or parent;</text> </level> <level label="v"> <text>The eligible student has been restrained or placed in seclusion more than 10 times;</text> </level> <level label="vi"> <text>The school has proposed to enroll an eligible student in an alternative education program and the parent disagrees with the proposal; or</text> </level> <level label="vii"> <text>The parent’s native language is not English and the parent seeks assistance with navigating the special education needs of the eligible student.</text> </level> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>There is an Access to Attorneys, Advocates, and Consultants for Special Education Fund.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The Department shall administer the Fund.</text> </level> <level label="4"> <level label="i"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="ii"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="5"> <text>The Fund consists of:</text> <level label="i"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="ii"> <text>Interest earnings;</text> </level> <level label="iii"> <text>Reimbursements from attorneys, advocates, and consultants due to recoupment of fees; and</text> </level> <level label="iv"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="6"> <text>The Fund may be used only for:</text> <level label="i"> <text>Services provided to eligible students by attorneys, advocates, and consultants;</text> </level> <level label="ii"> <text>Development and distribution of written informational material for parents;</text> </level> <level label="iii"> <text>Outreach and education activities; and</text> </level> <level label="iv"> <text>Administrative expenses of the Department and the Maryland Volunteer Lawyers Service.</text> </level> </level> <level label="7"> <level label="i"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="ii"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="8"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="9"> <level label="i"> <text>Beginning in fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.</text> </level> <level label="ii"> <text>Excluding expenditures for administering the Program, it is the intent of the General Assembly that:</text> <level label="1"> <text>Approximately 25% of the annual appropriation be used for providing representation of eligible students in due process hearings and court proceedings; and</text> </level> <level label="2"> <text>Approximately 75% of the annual appropriation be used for providing consultation, representation, or advocacy of eligible students.</text> </level> </level> </level> <level label="10"> <text>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.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> <level label="iii"> <text>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.</text> </level> </level> <level label="3"> <level label="i"> <text>Program funds shall be allocated on a first–come, first–served basis.</text> </level> <level label="ii"> <text>An eligible student is limited to a lifetime maximum of $20,000 of services provided under the Program.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>The Maryland Volunteer Lawyers Service shall collect the following data on an annual basis:</text> <level label="i"> <text>Total amount of funds disbursed from the Fund;</text> </level> <level label="ii"> <text>Amount of funds disbursed disaggregated by the number of:</text> <level label="1"> <text>Eligible students served;</text> </level> <level label="2"> <text>Attorneys who provided services;</text> </level> <level label="3"> <text>Advocates who provided services; and</text> </level> <level label="4"> <text>Consultants who provided services;</text> </level> </level> <level label="iii"> <text>The amount of funds disbursed disaggregated by the type of service, including:</text> <level label="1"> <text>Dispute resolution proceedings, including mediation, due process hearings, and court proceedings; and</text> </level> <level label="2"> <text>Assistance and support services, including consultancy, advocacy, and legal consultancy services; and</text> </level> </level> <level label="iv"> <text>The amount of money returned to the Fund due to recoupment of fees.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="g"> <text>The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-415" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <text>Reserved.</text> </level> <level label="b"> <text>Reserved.</text> </level> <level label="c"> <text>Reserved.</text> </level> <level label="d"> <level label="1"> <text>In this subsection, “basic cost” as to each county, means the average amount spent by the county from county, State, and federal sources for the public education of a nonhandicapped child. “Basic cost” does not include amounts specifically allocated and spent for identifiable compensatory programs for disadvantaged children.</text> </level> <level label="2"> <text>As provided in paragraphs (3) and (4) of this subsection, the State and the counties shall share collectively in the cost of educating children with disabilities in nonpublic programs under § 8–406 of this subtitle.</text> </level> <level label="3"> <level label="i"> <text>Subject to the limitation under subparagraph (ii) of this paragraph, for each of these children domiciled in the county, the county shall contribute for each placement the sum of:</text> <level label="1"> <text>The local share of the basic cost;</text> </level> <level label="2"> <text>An additional amount equal to 200 percent of the basic cost; and</text> </level> <level label="3"> <level label="A"> <text>For fiscal year 2009, an additional amount equal to 20 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph;</text> </level> </level> <level label="B"> <text>For fiscal years 2010 through 2025, an additional amount equal to 30 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph;</text> </level> <level label="C"> <text>For fiscal year 2026, an additional amount equal to 40 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph; and</text> </level> <level label="D"> <text>For fiscal year 2027 and each fiscal year thereafter, an additional amount equal to 50 percent of the approved cost or reimbursement in excess of the sum of items 1 and 2 of this subparagraph.</text> </level> </level> <level label="ii"> <text>The amount that a county is required to contribute under subparagraph (i) of this paragraph may not exceed the total cost or reimbursement amount approved by the Department.</text> </level> </level> <level label="4"> <text>For each of these children, the State shall contribute an amount equal to the amount of the approved cost or reimbursement in excess of the amount the county is required to contribute under paragraph (3) of this subsection.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>In this subsection the following words have the meanings indicated.</text> </level> <level label="ii"> <text>“Local school salaries” means the salaries received by public school teachers of similar training and experience to teachers at a nonpublic school in the same county in which the school is located.</text> </level> <level label="iii"> <text>“Nonpublic school” means a nonpublic school in which a child with a disability is placed under § 8–406 of this subtitle.</text> </level> </level> <level label="2"> <text>A nonpublic school shall provide its teachers a salary that is equivalent to the local school salaries, phased in over 3 years beginning in fiscal year 2024 with parity achieved in the third year and parity maintained thereafter.</text> </level> <level label="3"> <text>In accordance with the phase–in and continuing each year thereafter under paragraph (2) of this subsection, if the amount of funding provided under subsection (d) of this section is insufficient to provide local school salaries to teachers at nonpublic schools approved under COMAR 13A.09.10, additional funding shall be provided in an amount equal to the difference between the amount of funding needed to provide local school salaries to teachers at a nonpublic school and the funding provided under subsection (d) of this section.</text> </level> <level label="4"> <level label="i"> <text>The additional funding under paragraph (3) of this subsection shall be paid for by the State and the county in the same proportion as the costs paid under subsection (d) of this section.</text> </level> <level label="ii"> <level label="1"> <text>The amount provided by the county under subparagraph (i) of this paragraph is in addition to the amount required under § 5–235 of this article.</text> </level> <level label="2"> <text>The calculations under §§ 5–214, 5–235, and 5–239 of this article shall be made as though the county did not provide the amount required under subparagraph (i) of this paragraph.</text> </level> </level> </level> <level label="5"> <text>Funding for other components of the special education placement may not be reduced to provide teacher salaries in accordance with this subsection.</text> </level> </level> <level label="f"> <text>The Department shall adopt regulations to carry out the provisions of this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-416" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>There is a Maryland Infants and Toddlers Program in the Department.</text> </level> <level label="2"> <text>The purpose of the Program is to provide a statewide, community–based interagency system of comprehensive early intervention services to eligible infants and toddlers, from birth until the beginning of the school year following a child’s 4th birthday, and their families.</text> </level> </level> <level label="b"> <text>The Department shall be the lead agency for supervising and monitoring the Program.</text> </level> <level label="c"> <text>The Program shall include the early intervention services provided or supervised by the Department, the Maryland Department of Health, including the Early Hearing Detection and Intervention Program established under Title 13, Subtitle 6 of the Health – General Article, and the Department of Human Services.</text> </level> <level label="d"> <text>The Program shall be administered in accord with the applicable requirements of Part C of the Individuals with Disabilities Education Act and other applicable federal and State laws.</text> </level> <level label="e"> <text>An interagency coordinating council shall be appointed by the Governor, with the advice and consent of the Senate, and shall:</text> <level label="1"> <text>Advise and assist the Department in the supervision and monitoring of the Program; and</text> </level> <level label="2"> <text>Submit an annual report to the Governor and the federal government.</text> </level> </level> <level label="f"> <text>Local lead agencies shall be established or designated in each county and Baltimore City to administer the Program in their subdivision, under the direction of the Department.</text> </level> <level label="g"> <level label="1"> <text>In each county, the county executive or county commissioners, as appropriate, or in Baltimore City, the Mayor, shall establish a local interagency coordinating council to advise and assist the local lead agency in the development and implementation of policies that constitute the local Program.</text> </level> <level label="2"> <level label="i"> <text>In each county, the county executive or county commissioners, as appropriate, or in Baltimore City, the Mayor, may designate the local management board to serve as the local interagency coordinating council or establish the local interagency coordinating council as a part of that board.</text> </level> <level label="ii"> <text>Where a local management board and a local interagency coordinating council coexist, they shall work cooperatively.</text> </level> </level> </level> <level label="h"> <text>Beginning in fiscal year 2021, the Governor shall provide the following amounts for the Program:</text> <level label="1"> <text>For fiscal year 2021, $12,389,104;</text> </level> <level label="2"> <text>For fiscal year 2022, $13,531,267;</text> </level> <level label="3"> <text>For fiscal year 2023, $14,673,430;</text> </level> <level label="4"> <text>For fiscal year 2024, $15,815,593;</text> </level> <level label="5"> <text>For fiscal year 2025, $16,957,756;</text> </level> <level label="6"> <text>For fiscal year 2026, $18,099,919;</text> </level> <level label="7"> <text>For fiscal year 2027, $19,242,082;</text> </level> <level label="8"> <text>For fiscal year 2028, $20,384,245;</text> </level> <level label="9"> <text>For fiscal year 2029, $21,526,408;</text> </level> <level label="10"> <text>For fiscal year 2030, $22,668,571; and</text> </level> <level label="11"> <text>For fiscal year 2031 and each fiscal year thereafter, the prior fiscal year amount increased by the inflation adjustment as defined in § 5–201 of this article.</text> </level> </level> <level label="i"> <text>The Department shall adopt regulations necessary to carry out the provisions of this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-417" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Nonpublic general education school” means a nonpublic school approved under COMAR 13A.09.10 pursuant to § 2–206 of this article and operated in conjunction with residential or nonresidential child care programs licensed or approved by the Department, the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.</text> </level> <level label="3"> <text>“Nonresidential child care program” means a program that:</text> <level label="i"> <text>Provides services for children in a nonresidential setting, designed to achieve objectives related to the needs of children at risk of out–of–home placement; and</text> </level> <level label="ii"> <text>Is licensed or approved by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.</text> </level> </level> <level label="4"> <text>“Residential child care program” means a program that:</text> <level label="i"> <text>Provides care for children 24 hours a day within a structured set of services and activities designed to achieve objectives related to the needs of the children served; and</text> </level> <level label="ii"> <text>Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Department, in collaboration with the fiscal agent of the Children’s Cabinet Interagency Fund under Title 8, Subtitle 5 of the Human Services Article, shall administer and implement a redesigned rate setting process for nonpublic general education schools, residential child care programs, and nonresidential child care programs.</text> </level> <level label="2"> <text>The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the Governor’s Office for Children shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.</text> </level> </level> <level label="c"> <level label="1"> <text>A decision as to the amount or implementation of rates established under this section may be appealed by sending a written request for appeal to the Children’s Cabinet.</text> </level> <level label="2"> <text>The request shall set forth the specific objections to the decision as to the amount or implementation of rates established under this section.</text> </level> <level label="3"> <text>The Children’s Cabinet or designees shall issue a final, binding opinion upholding, reversing, or modifying the rates set by the Interagency Rates Committee within 30 days after receipt of the request for appeal.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-418" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <text>A local school system shall provide to the parents or guardians of a child with a disability verbal and written information about access to habilitative services, including a copy of the Maryland Insurance Administration’s Parents’ Guide to Habilitative Services, at the following times:</text> <level label="1"> <text>The transition meeting for a child moving from the Maryland Infants and Toddlers Program to a local school system;</text> </level> <level label="2"> <text>A child’s initial individualized education program meeting;</text> </level> <level label="3"> <text>At least one time each year at a child’s individualized education program meeting; and</text> </level> <level label="4"> <text>On the approval or denial of a parent’s or guardian’s request for a related service to enable a child with a disability to benefit from special education.</text> </level> </section> <section article="ged" article_name="Education" number="8-419" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section, “parentally placed private school student” means a child with a disability enrolled by the parent or guardian of the child in a private elementary or secondary school or facility, including a religious school or facility, in accordance with 20 U.S.C. § 1412(a)(10)(A).</text> </level> <level label="2"> <text>“Parentally placed private school student” does not include a child with a disability who was placed in or referred to a private school or facility by a public agency as a means of providing special education and related services under § 8–406 of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>Each county board shall develop and publish on its website a list of all special education service delivery models:</text> <level label="i"> <text>In the local school system; and</text> </level> <level label="ii"> <text>Provided to parentally placed private school students within the jurisdiction of the local school system.</text> </level> </level> <level label="2"> <text>The county board shall clearly state that all decisions regarding the placement of a child with a disability in a special education service delivery model under paragraph (1)(i) of this subsection will be made by an individualized education program team in consultation with the parents or guardians of the child and consistent with the least restrictive environment requirements of the federal Individuals with Disabilities Education Act.</text> </level> </level> <level label="c"> <text>On request, the county board shall provide a written copy of the information provided under subsection (b) of this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-420" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="4" subtitle_name="Children With Disabilities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning” means:</text> <level label="i"> <text>A significant developmental delay or atypical development, as identified by a health professional, in:</text> <level label="1"> <text>Cognitive development;</text> </level> <level label="2"> <text>Physical development;</text> </level> <level label="3"> <text>Language and speech development;</text> </level> <level label="4"> <text>Psychosocial development; or</text> </level> <level label="5"> <text>Self–help skills;</text> </level> </level> <level label="ii"> <text>Psychological trauma, as identified through an evaluation by a mental health professional; or</text> </level> <level label="iii"> <text>A diagnosed physical, developmental, or mental health condition that impacts daily living and limits participation in typical early childhood education or child care settings.</text> </level> </level> <level label="3"> <text>“Program” means the Therapeutic Child Care Grant Program.</text> </level> </level> <level label="b"> <text>There is a Therapeutic Child Care Grant Program in the State.</text> </level> <level label="c"> <level label="1"> <text>The purpose of the Program is to provide grants to providers that specialize in providing child care and early childhood education to children under the age of 6 years who have developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning.</text> </level> <level label="2"> <text>The Department shall administer the Program.</text> </level> <level label="3"> <text>On or before August 15 each year, the Department shall award grants under this section.</text> </level> </level> <level label="d"> <level label="1"> <text>For each of fiscal years 2023 through 2025, and for each of fiscal years 2027 through 2029, the Governor shall include in the annual budget bill an appropriation of $3,700,000 to the Program.</text> </level> <level label="2"> <text>In awarding grants under the Program, the Department shall distribute:</text> <level label="i"> <text>$1,283,000 to existing providers in the same amount as was provided in fiscal year 2022;</text> </level> <level label="ii"> <text>$1,917,000 to existing providers in the same proportion as was provided in fiscal year 2022 to provide additional services; and</text> </level> <level label="iii"> <text>Except as provided in paragraph (3) of this subsection, $500,000 to new providers or existing providers to enroll additional children.</text> </level> </level> <level label="3"> <text>If funds are remaining after the distribution required under paragraph (2)(iii) of this subsection, then the remainder shall be distributed as provided under paragraph (2)(ii) of this subsection.</text> </level> </level> <level label="e"> <level label="1"> <text>On or before December 1, 2022, and December 1, 2023, the providers who received a grant under this section shall report to the Department the cost of providing services to a child with developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning and the sources of funding received by the provider.</text> </level> <level label="2"> <text>On or before December 30, 2022, and December 30, 2023, the Department shall compile the information provided under paragraph (1) of this subsection and shall report the compiled information to the Senate Budget and Taxation Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article.</text> </level> </level> <level label="f"> <text>The Department may adopt regulations necessary to carry out this section.</text> </level> </section> <section article="ged" article_name="Education" number="8-501" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.</text> </level> <level label="c"> <text>“Noncollegiate educational institution” has the meaning stated in § 2–206 of this article.</text> </level> <level label="d"> <text>“Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated.</text> </level> <level label="e"> <text>“Placement agency” means:</text> <level label="1"> <text>A local department of social services;</text> </level> <level label="2"> <text>The Maryland Department of Health;</text> </level> <level label="3"> <text>The Department of Juvenile Services; or</text> </level> <level label="4"> <text>A private agency that:</text> <level label="i"> <text>Engages in the placement of children in homes or with individuals; and</text> </level> <level label="ii"> <text>Is licensed by the Social Services Administration under § 5–507 of the Family Law Article.</text> </level> </level> </level> <level label="f"> <text>“Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care is newly enrolled or seeks to enroll.</text> </level> <level label="g"> <text>“Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving school.</text> </level> </section> <section article="ged" article_name="Education" number="8-502" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <text>It is the intent of the General Assembly that the State promote the education and well-being of children in State-supervised care by facilitating:</text> <level label="1"> <text>The prompt enrollment of children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and</text> </level> <level label="2"> <text>The prompt transfer of the educational records of children in State-supervised care.</text> </level> </section> <section article="ged" article_name="Education" number="8-503" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>Prior to or concurrent with the placement or modification of the placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency’s designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.</text> </level> <level label="b"> <text>The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.</text> </level> <level label="c"> <text>After receiving notice under subsection (a) or (b) of this section, a receiving school shall fulfill the requirements of § 8-504(a) of this subtitle.</text> </level> </section> <section article="ged" article_name="Education" number="8-504" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>Within 2 school days after receiving notice under § 8-503 of this subtitle, a receiving school shall:</text> <level label="1"> <text>Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;</text> </level> <level label="2"> <text>Request, in writing, the educational records of the child in State-supervised care from the sending school;</text> </level> <level label="3"> <text>Provide a copy of the request made under item (2) of this subsection to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and</text> </level> <level label="4"> <text>Inform the child in State-supervised care, or the responsible adult acting on behalf of the child in State-supervised care, of the rights conferred by this subtitle.</text> </level> </level> <level label="b"> <text>After receiving notice under subsection (a) of this section, a sending school shall:</text> <level label="1"> <text>Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;</text> </level> <level label="2"> <text>Immediately inform the receiving school orally of the status of the child in State-supervised care under the federal Rehabilitation Act of 1973 codified at 29 U.S.C. § 794 (§ 504) or under the federal Individuals with Disabilities Education Act codified at 20 U.S.C. § 1400; and</text> </level> <level label="3"> <text>Within 3 school days following receipt of notice from the receiving school, send by mail or transmit electronically to the receiving school a copy of:</text> <level label="i"> <text>A completed student withdrawal or transfer record of the child in State-supervised care;</text> </level> <level label="ii"> <text>The academic records of the child in State-supervised care;</text> </level> <level label="iii"> <text>The immunization records of the child in State-supervised care; and</text> </level> <level label="iv"> <text>If applicable, the most recent individualized education plan or § 504 plan and the most recent assessment of the child in State-supervised care.</text> </level> </level> </level> <level label="c"> <text>Notwithstanding subsection (b)(3) of this section, a placement agency or school employee may hand carry the documents listed in subsection (b)(3) of this section from a sending school to a receiving school.</text> </level> </section> <section article="ged" article_name="Education" number="8-505" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>Each county board shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights conferred by this subtitle.</text> </level> <level label="b"> <text>During the dispute resolution process the child in State-supervised care shall remain enrolled in the receiving school.</text> </level> <level label="c"> <text>A child in State-supervised care who is the subject of a dispute shall be provided appropriate educational services including the implementation of an existing individualized education program.</text> </level> <level label="d"> <text>The Department shall adopt regulations to implement this section on or before January 1, 2006.</text> </level> </section> <section article="ged" article_name="Education" number="8-506" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>The Department shall ensure that each county board takes reasonable measures to implement this section.</text> </level> <level label="b"> <text>A county board shall inform:</text> <level label="1"> <text>Principals, teachers, and other school personnel in the county of the requirements imposed by this subtitle;</text> </level> <level label="2"> <text>Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights conferred by this subtitle; and</text> </level> <level label="3"> <text>Other interested parties of the requirements imposed and the rights conferred by this subtitle.</text> </level> </level> <level label="c"> <text>The Department shall adopt regulations to implement this section on or before January 1, 2006.</text> </level> </section> <section article="ged" article_name="Education" number="8-507" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="5" subtitle_name="Children in State-Supervised Care"> <level label="a"> <text>In this section, “basic cost” means the average amount spent by a county board from county and State funds for the public education of a nondisabled child.</text> </level> <level label="b"> <text>A county board shall reimburse the Department of Juvenile Services or the Department of Human Services the amount of the basic cost calculated under subsection (a) of this section for each child who was domiciled in the county prior to the placement if:</text> <level label="1"> <text>The Department of Juvenile Services or the Department of Human Services places a child who is in State–supervised care in a nonpublic residential placement that also provides the education program for the child;</text> </level> <level label="2"> <text>The child does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of this title; and</text> </level> <level label="3"> <text>The child was included in the full–time equivalent enrollment of the county as calculated under § 5–202 of this article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-601" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Eligible individual” means an individual who:</text> <level label="1"> <text>Is a resident of the State;</text> </level> <level label="2"> <text>Is identified by an otolaryngologist or a licensed audiologist as having a hearing loss; and</text> </level> <level label="3"> <level label="i"> <text>Is under the age of 21 years; and</text> </level> <level label="ii"> <text>Has not graduated from high school.</text> </level> </level> </level> <level label="c"> <text>“Licensed audiologist” means an individual who is licensed to practice audiology under Title 2 of the Health Occupations Article.</text> </level> <level label="d"> <text>“Loan Bank” means the Hearing Aid and Language and Communication Video Loan Bank.</text> </level> <level label="e"> <text>“Otolaryngologist” means an individual who:</text> <level label="1"> <text>Is licensed to practice medicine under Title 14 of the Health Occupations Article; and</text> </level> <level label="2"> <text>Specializes in otolaryngology.</text> </level> </level> <level label="f"> <text>“Program” means the Hearing Aid and Language and Communication Video Loan Bank Program.</text> </level> </section> <section article="ged" article_name="Education" number="8-602" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <level label="a"> <text>There is a Hearing Aid and Language and Communication Video Loan Bank Program in the Department.</text> </level> <level label="b"> <text>The Program is established for the purpose of lending or providing:</text> <level label="1"> <text>Hearing aids on a temporary basis to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid to ensure that eligible individuals will have maximum auditory input throughout childhood, adolescence, and into young adulthood; and</text> </level> <level label="2"> <text>Language and communication videos on a temporary basis and resources that may be downloaded from a website to a parent or legal guardian of an eligible individual to ensure that parents or legal guardians of eligible individuals have:</text> <level label="i"> <text>Access to resources that provide them with unbiased information about language and communication options to use with their deaf or hard of hearing child; and</text> </level> <level label="ii"> <text>Resources to teach them the language or other means of communication that they choose to use with their deaf or hard of hearing child.</text> </level> </level> </level> <level label="c"> <text>The Program shall employ an otolaryngologist or a licensed audiologist.</text> </level> </section> <section article="ged" article_name="Education" number="8-603" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <level label="a"> <text>There is a permanent Hearing Aid and Language and Communication Video Loan Bank in the Department.</text> </level> <level label="b"> <text>The Program shall provide and maintain:</text> <level label="1"> <text>A pool of hearing aids in the Loan Bank to lend to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid;</text> </level> <level label="2"> <text>Testing and programming equipment for hearing aids in the Loan Bank;</text> </level> <level label="3"> <text>Supplies for repair and reconditioning of hearing aids in the Loan Bank; and</text> </level> <level label="4"> <text>Language and communication videos to be loaned to a parent or legal guardian of an eligible individual and resources that may be downloaded from a website that provide:</text> <level label="i"> <text>Unbiased information about language and communication options to use with a deaf or hard of hearing child; and</text> </level> <level label="ii"> <text>Instruction on learning the language or communication options in item (i) of this item.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Governor shall include in the State budget an appropriation to the Program of:</text> <level label="i"> <text>$5,000 in fiscal year 2021; and</text> </level> <level label="ii"> <text>$300 in fiscal year 2022 and each fiscal year thereafter.</text> </level> </level> <level label="2"> <text>The appropriation in paragraph (1) of this subsection shall be used to satisfy the requirement in subsection (b)(4) of this section.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-604" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <level label="a"> <text>The Program shall lend a suitable hearing aid to a parent or legal guardian of an eligible individual who has no immediate access to a hearing aid on receipt of:</text> <level label="1"> <text>A prescription from an otolaryngologist or a licensed audiologist; and</text> </level> <level label="2"> <text>Any documents required by the Program to prove that the individual is an eligible individual who has no immediate access to a hearing aid.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the loan period shall be for not more than 1 year.</text> </level> <level label="2"> <text>The Program may extend the original loan period for the loan of a hearing aid for an additional 1–year period if, prior to each extension, the Program determines that:</text> <level label="i"> <text>The individual does not have immediate access to another hearing aid under Medicaid, the Maryland Children’s Health Program, or private health insurance;</text> </level> <level label="ii"> <text>The individual’s parent or legal guardian currently does not have the financial means to obtain immediate access to another hearing aid; and</text> </level> <level label="iii"> <text>The individual’s parent or legal guardian is making reasonable efforts to obtain access to another hearing aid.</text> </level> </level> </level> <level label="c"> <text>A parent or legal guardian who borrows a hearing aid from the Loan Bank for an eligible individual shall:</text> <level label="1"> <text>Be the custodian of the hearing aid;</text> </level> <level label="2"> <text>Return the hearing aid immediately to the Loan Bank on the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;</text> </level> <level label="3"> <text>Be responsible for the proper care and use of the hearing aid;</text> </level> <level label="4"> <text>Be responsible for any damage to or loss of the hearing aid; and</text> </level> <level label="5"> <text>Sign a written agreement provided by the State Superintendent that states the term and conditions of the loan.</text> </level> </level> <level label="d"> <text>If the parent or legal guardian of an eligible individual receives a hearing aid on loan from the Loan Bank, the Program shall ensure that the eligible individual’s otolaryngologist or licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the Program.</text> </level> </section> <section article="ged" article_name="Education" number="8-605" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <text>The State Board shall adopt regulations to implement the provisions of this subtitle, including regulations that:</text> <level label="1"> <text>For the purpose of implementing § 8–604(a) of this subtitle, identify the types of documents that the Program may require a parent or legal guardian to submit to prove that an individual is an eligible individual who has no immediate access to a hearing aid; and</text> </level> <level label="2"> <text>For the purpose of implementing § 8–604(b)(2) of this subtitle, establish factors that the Program shall consider when evaluating whether a parent or legal guardian:</text> <level label="i"> <text>Has the financial means to obtain immediate access to another hearing aid; or</text> </level> <level label="ii"> <text>Is making reasonable efforts to obtain immediate access to another hearing aid.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-606" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="6" subtitle_name="Hearing Aid and Language and Communication Video Loan Bank Program"> <level label="a"> <text>Beginning in 2011, no later than December 31 each year, the State Superintendent shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the implementation of this subtitle.</text> </level> <level label="b"> <text>The annual report shall include the following information:</text> <level label="1"> <text>The number and ages of individuals who received hearing aids through the Program that year;</text> </level> <level label="2"> <text>The number of individuals who received hearing aids through the Program that year and subsequently received hearing aids through Medicaid, the Maryland Children’s Health Program, or private insurance;</text> </level> <level label="3"> <text>The length of each original loan of a hearing aid;</text> </level> <level label="4"> <text>The number of times that each original loan of a hearing aid was extended and the length of each extension;</text> </level> <level label="5"> <text>The number of times that hearing aids were not properly returned to the Loan Bank; and</text> </level> <level label="6"> <text>Any other information that the State Superintendent believes is relevant to evaluating the costs and benefits of the Program.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-701" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“At-risk youth” means an individual who meets at least two of the eligibility criteria determined by the Department and an operator that may include:</text> <level label="1"> <text>Being eligible for free or reduced price meals;</text> </level> <level label="2"> <text>A record of suspensions, office referrals, or chronic truancy;</text> </level> <level label="3"> <text>A failure to achieve a proficient or advanced level on State assessments in reading or mathematics, or both;</text> </level> <level label="4"> <text>Having a disability;</text> </level> <level label="5"> <text>A referral from a teacher, counselor, social worker, or community-based service organization;</text> </level> <level label="6"> <text>The head of household is a single parent;</text> </level> <level label="7"> <text>The head of household is not a custodial parent;</text> </level> <level label="8"> <text>The adjusted gross family income is below the federally established poverty guidelines;</text> </level> <level label="9"> <text>The family receives temporary cash assistance under the State Family Investment Program; or</text> </level> <level label="10"> <text>A member of the family has been incarcerated.</text> </level> </level> <level label="c"> <text>“Board” means the Board of Trustees of Residential Boarding Education Programs.</text> </level> <level label="d"> <text>“Operator” means a private nonprofit or public entity that develops and operates a program.</text> </level> <level label="e"> <text>“Program” means a residential boarding education program that includes:</text> <level label="1"> <text>A remedial curriculum for middle school grades;</text> </level> <level label="2"> <text>A college-preparatory curriculum for high school grades;</text> </level> <level label="3"> <text>Extracurricular activities such as athletics and cultural events;</text> </level> <level label="4"> <text>College admissions counseling;</text> </level> <level label="5"> <text>Health and mental health services;</text> </level> <level label="6"> <text>Tutoring;</text> </level> <level label="7"> <text>Community service opportunities; and</text> </level> <level label="8"> <text>A residential student life program.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-702" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <text>A residential boarding education program for at-risk youth shall be operated under the supervision of the Department.</text> </section> <section article="ged" article_name="Education" number="8-703" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>A student shall be eligible to participate in a program if the student is:</text> <level label="1"> <text>A disadvantaged child as defined in § 8–101 of this title;</text> </level> <level label="2"> <text>An at–risk youth;</text> </level> <level label="3"> <text>A resident of the State; and</text> </level> <level label="4"> <text>Except as provided in subsection (b) of this section, enrolled in grade 5 or grade 6.</text> </level> </level> <level label="b"> <text>Notwithstanding subsection (a)(4) of this section, a student enrolled in grade 7 or higher shall be eligible to participate in a program if:</text> <level label="1"> <text>The student is otherwise eligible under subsection (a) of this section; and</text> </level> <level label="2"> <text>An operator files an appropriate plan under § 8–704.1 of this subtitle.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-704" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>The Department may contract with an operator to provide at-risk youth in the State with the opportunity to participate in a program.</text> </level> <level label="b"> <text>The operator shall meet the qualifications established by the Department including:</text> <level label="1"> <text>Previous experience with a comparable program;</text> </level> <level label="2"> <text>Measured success with a comparable program; and</text> </level> <level label="3"> <text>The capacity to finance and secure private funds for the development of a campus for the program.</text> </level> </level> <level label="c"> <level label="1"> <text>The operator shall adopt written standards for the admission and dismissal of students.</text> </level> <level label="2"> <text>The standards and any amendments shall be submitted to the State Board for approval.</text> </level> <level label="3"> <text>The State Board may require modifications to the standards as it considers necessary.</text> </level> </level> <level label="d"> <text>The operator shall submit its charter and bylaws to the State Board for approval.</text> </level> <level label="e"> <text>The operator shall conduct an outreach program for each local education agency in the State to:</text> <level label="1"> <text>Provide information to the local education agency about the program; and</text> </level> <level label="2"> <text>Encourage student recruitment and participation from each county in the State.</text> </level> </level> </section> <section article="ged" article_name="Education" number="8-704.1" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>The Department may contract with an operator who meets the requirements of § 8–704 of this subtitle to provide at–risk youth in the State enrolled in grade 7 or higher with the opportunity to participate in a program.</text> </level> <level label="b"> <text>The program under this section may be a part of the program under § 8–704 of this subtitle.</text> </level> <level label="c"> <text>The operator shall submit a plan to the Department to enroll students in grade 7 or higher that includes:</text> <level label="1"> <text>All grade levels from which students shall be enrolled;</text> </level> <level label="2"> <text>The time frame during which enrollment shall occur;</text> </level> <level label="3"> <text>The circumstances under which an operator shall enroll students;</text> </level> <level label="4"> <text>The process by which students shall be selected;</text> </level> <level label="5"> <text>If applicable, a description of how students shall be integrated into an existing educational curriculum and residential student life; and</text> </level> <level label="6"> <text>Any other information requested by the Department.</text> </level> </level> <level label="d"> <text>The Department shall review and approve the plan if it is consistent with the educational purposes of this subtitle.</text> </level> </section> <section article="ged" article_name="Education" number="8-705" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>The Board shall govern a program.</text> </level> <level label="b"> <level label="1"> <text>The Board consists of 25 members.</text> </level> <level label="2"> <text>Of the 25 members:</text> <level label="i"> <text>5 shall be appointed by the Governor, with the advice of the State Superintendent and the advice and consent of the Senate; and</text> </level> <level label="ii"> <text>20 shall be selected in accordance with the charter and bylaws of the program.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The term of a member is 3 years.</text> </level> <level label="2"> <text>The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2006.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed or selected and qualifies.</text> </level> <level label="4"> <text>A member may not serve for more than 3 consecutive full terms.</text> </level> <level label="5"> <text>A vacancy shall be filled in the same manner in which the vacating member was appointed or selected.</text> </level> </level> <level label="d"> <text>The Board shall determine its officers.</text> </level> </section> <section article="ged" article_name="Education" number="8-706" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <text>A program shall be subject to:</text> <level label="1"> <text>The same accountability mandates of the federal No Child Left Behind Act as other public schools in the State; and</text> </level> <level label="2"> <text>The requirements of 20 U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.</text> </level> </section> <section article="ged" article_name="Education" number="8-707" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <text>Teachers and any other professional personnel at the program shall be paid an annual salary that is at least equal to the salary received by public school teachers and professional personnel of similar training and experience in the county in which the school is located.</text> </section> <section article="ged" article_name="Education" number="8-708" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <text>The Board shall submit to the Department on or before July 1 of each year:</text> <level label="1"> <text>The name of each student who participated in the program during the preceding year;</text> </level> <level label="2"> <text>The name of each student projected to participate in the program during the upcoming year;</text> </level> <level label="3"> <text>The county in which each student who participated in the program during the preceding year was domiciled;</text> </level> <level label="4"> <text>The county in which each student projected to participate in the program during the upcoming year is domiciled;</text> </level> <level label="5"> <text>The total number of students that participated in the program during the preceding year;</text> </level> <level label="6"> <text>The total number of students projected to participate in the program during the upcoming year;</text> </level> <level label="7"> <text>The actual operation budget for the preceding year; and</text> </level> <level label="8"> <text>The projected operating budget for the upcoming year.</text> </level> </level> <level label="b"> <text>The Department shall report:</text> <level label="1"> <text>On or before April 1 and October 1 of each year, to each county board regarding:</text> <level label="i"> <text>The number of students who are participating in the program from the county; and</text> </level> <level label="ii"> <text>The name of each student from the county who is being charged to the county; and</text> </level> </level> <level label="2"> <text>On or before December 1 of each year, to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly regarding:</text> <level label="i"> <text>The information provided under subsection (a) of this section; and</text> </level> <level label="ii"> <text>Whether the funds appropriated under § 8-710 of this subtitle should be increased or decreased.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="8-709" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Cost per pupil” means the amount of money spent by a county board for the operating expenses of public education in the county from county and State sources divided by the full-time equivalent enrollment of the county as defined in § 5-202(a) of this article.</text> </level> <level label="3"> <text>“State sources” means funds provided to a county board in accordance with §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.</text> </level> </level> <level label="b"> <text>Students participating in a program shall be included in the enrollment of the county in which the student is domiciled for the purposes of calculating State aid under §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.</text> </level> <level label="c"> <level label="1"> <text>To support the cost of instructional programming for a program, each county board shall pay to the Department an amount equal to 85% of the cost per pupil for each student who participates in a program but is domiciled in the county.</text> </level> <level label="2"> <text>Each county governing body shall include a student participating in a program in the full-time equivalent enrollment used for calculating the required local funds appropriated under § 5-202(d) of this article.</text> </level> </level> <level label="d"> <text>The Department shall disburse the funds received in accordance with this section to the program.</text> </level> </section> <section article="ged" article_name="Education" number="8-710" title_number="8" title_name="Special Programs for Exceptional Children" subtitle_number="7" subtitle_name="Residential Boarding Education Programs for At-Risk Youth"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Change in the per pupil amount” means:</text> <level label="i"> <text>For fiscal year 2026, 4.97%;</text> </level> <level label="ii"> <text>For fiscal year 2027, 5.48%;</text> </level> <level label="iii"> <text>For fiscal year 2028, 4.17%;</text> </level> <level label="iv"> <text>For fiscal year 2029, 4.20%;</text> </level> <level label="v"> <text>For fiscal year 2030, 4.17%;</text> </level> <level label="vi"> <text>For fiscal year 2031, 3.98%;</text> </level> <level label="vii"> <text>For fiscal year 2032, 3.99%;</text> </level> <level label="viii"> <text>For fiscal year 2033, 3.93%; and</text> </level> <level label="ix"> <text>For subsequent fiscal years, the change in the per pupil foundation amount from the prior fiscal year to the current fiscal year divided by the per pupil foundation amount from the prior fiscal year.</text> </level> </level> <level label="3"> <text>“Per pupil allocation” means the per pupil figure calculated each fiscal year under subsection (c) of this section to cover the transportation, boarding, and administrative costs of a program.</text> </level> <level label="4"> <text>“Per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.</text> </level> </level> <level label="b"> <text>In addition to the funds disbursed in accordance with § 8–709 of this subtitle, the Governor shall include in the annual budget bill an appropriation of funds to the Department in accordance with this section to cover the transportation, boarding, and administrative costs of a program.</text> </level> <level label="c"> <level label="1"> <text>Subject to paragraph (4) of this subsection, for fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to the Department in order for a program to serve up to 80 students.</text> </level> <level label="2"> <text>For each additional 10 students enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional $250,000.</text> </level> <level label="3"> <text>For fiscal year 2014 and each fiscal year thereafter, for each student enrolled in a program, as reported by the Department, the Governor shall include in the annual budget bill an appropriation of an additional amount that is at least equal to the prior year per pupil amount multiplied by the change in the per pupil amount plus one.</text> </level> <level label="4"> <text>The total amount of funds included in the annual budget bill under this subsection may not exceed an amount adequate to fund the per pupil allocation for 400 students for any fiscal year.</text> </level> </level> <level label="d"> <text>This section may not be construed to prohibit a program from receiving funds from private, federal, or other sources.</text> </level> </section>