Title 8. Special Programs for Exceptional Children — Subtitle 3A. Education of Deaf Children
Statutes in effect as of October 1, 2026.
Md. Code Ann., Educ. § 8-3A-01 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-01LinkCopy Citation
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.
Md. Code Ann., Educ. § 8-3A-02 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-02LinkCopy Citation
(a)
This section does not apply to a child whose physical condition makes the child’s instruction under this section inexpedient or impracticable.
(b)
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.
(c)
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.
(d)
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.
Md. Code Ann., Educ. § 8-3A-03 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-03LinkCopy Citation
The Department, each county board, and the Maryland School for the Deaf shall work together to meet the educational needs of deaf children.
Md. Code Ann., Educ. § 8-3A-04 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-04LinkCopy Citation
(a)
There is a Maryland School for the Deaf.
(b)
The governance of the Maryland School for the Deaf is vested in the Board of Trustees of the Maryland School for the Deaf.
(c)
(1)
The Board of Trustees shall consist of 13 members appointed by the Governor with the advice and consent of the Senate.
(2)
Of the 13 members, at least 7 members shall be deaf.
(3)
Each member of the Board shall:
(i)
Be a resident of the State;
(ii)
Be a member of the general public; and
(iii)
Have demonstrated an active interest in the education of deaf children.
(4)
Each geographic region of the State shall be represented by at least one member of the Board.
(d)
(1)
The term of a member is 6 years.
(2)
The terms of the members are staggered as required by the terms provided for the members of the Board on October 1, 1992.
(3)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)
A member may not serve more than two consecutive terms.
(e)
The Board may:
(1)
Apply for, accept, and spend any gift or grant from the federal government, any foundation, or any other person; and
(2)
Maintain, manage, and invest any gifts or grants that it accepts.
(f)
The Board shall establish an annual operating budget.
(g)
(1)
There is a branch of the Maryland School for the Deaf.
(2)
This branch shall be located near the population center of the State.
(3)
The branch shall be administered and operated as part of and is subject to the Maryland School for the Deaf.
(h)
(1)
The Maryland School for the Deaf shall adopt written standards for the admission of students.
(2)
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.
(i)
The Maryland School for the Deaf shall admit students free of charge who:
(1)
Are bona fide Maryland residents; and
(2)
Meet the admission standards of the Maryland School for the Deaf.
(j)
(1)
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.
(2)
The Maryland School for the Deaf shall establish tuition rates on an annual basis.
(k)
Each teacher who is employed by the Maryland School for the Deaf is in the professional service in the State Personnel Management System.
(l)
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.
Md. Code Ann., Educ. § 8-3A-05 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-05LinkCopy Citation
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.
Md. Code Ann., Educ. § 8-3A-06 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-06LinkCopy Citation
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.
Md. Code Ann., Educ. § 8-3A-07 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-07LinkCopy Citation
(a)
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.
(b)
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.
(c)
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.
(d)
(1)
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.
(2)
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.
(3)
The State shall pay the remaining cost of providing services under the program to the child.
Md. Code Ann., Educ. § 8-3A-08 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-08LinkCopy Citation
(a)
The Department and the Maryland School for the Deaf shall enter into a written agreement.
(b)
The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:
(1)
Review by the Department of the annual budget approved by the Board of the Maryland School for the Deaf;
(2)
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;
(3)
Consultation between the Department and the Maryland School for the Deaf on issues of deaf education;
(4)
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
(5)
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.
(c)
(1)
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.
(2)
This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for deaf and hearing–impaired students.
Md. Code Ann., Educ. § 8-3A-09 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-09LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“4–year average annual full–time equivalent enrollment” means:
(i)
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
(ii)
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.
(3)
“Growth in the target per pupil foundation amount” means:
(i)
For fiscal year 2026, 4.97%;
(ii)
For fiscal year 2027, 5.48%;
(iii)
For fiscal year 2028, 4.17%;
(iv)
For fiscal year 2029, 4.20%;
(v)
For fiscal year 2030, 4.17%;
(vi)
For fiscal year 2031, 3.98%;
(vii)
For fiscal year 2032, 3.99%;
(viii)
For fiscal year 2033, 3.93%; and
(ix)
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.
(4)
“Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.
(5)
“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.
(b)
(1)
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:
(i)
75% of the prior year appropriation multiplied by the product of:
(1)
The sum of the weighted enrollment growth plus 1; and
(2)
The sum of the growth in the target per pupil foundation amount plus 1; and
(ii)
25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus 1.
(2)
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.
Md. Code Ann., Educ. § 8-3A-10 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-10LinkCopy Citation
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
Md. Code Ann., Educ. § 8-3A-11 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 3A. Education of Deaf Children
§ 8–3A-11LinkCopy Citation
(a)
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.
(b)
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.
(c)
(1)
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.
(2)
One of the physicians shall be an appropriate specialist.
(3)
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.
(4)
These medical examinations shall be paid for by the county in which the child who is examined resides.