Title 8. Special Programs for Exceptional Children — Subtitle 4. Children With Disabilities
Statutes in effect as of October 1, 2026.
Md. Code Ann., Educ. § 8-401 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–401LinkCopy Citation
(a)
(1)
In this subtitle the following words have the meanings indicated.
(2)
“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.
(3)
“Free appropriate public education” means special education and related services that:
(i)
Are provided at public expense, under public supervision and direction, at no cost to the parents;
(ii)
Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(iii)
Includes preschool, elementary, and secondary education; and
(iv)
Are provided in conformance with the requirements of the child’s individualized education program.
(4)
(i)
“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.
(ii)
“Related services” includes the early identification and assessment of disabling conditions in children.
(iii)
“Related services” does not include a surgically implanted medical device or the replacement of the device.
(5)
“Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:
(i)
Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii)
Instruction in physical education.
(b)
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.
Md. Code Ann., Educ. § 8-402 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–402LinkCopy Citation
(a)
(1)
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.
(2)
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.
(b)
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.
(c)
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.
Md. Code Ann., Educ. § 8-403 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–403LinkCopy Citation
(a)
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.
(b)
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.
Md. Code Ann., Educ. § 8-404 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–404LinkCopy Citation
(a)
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.
(b)
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.
(c)
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.
(d)
The standards shall include:
(1)
The required qualifications for teachers, administrators, and other professionals serving a child with a disability;
(2)
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;
(3)
Guidelines for curricula, instructional materials, equipment, and the organization, administration, and supervision of the program, including accounting, auditing, and reporting procedures;
(4)
Provisions for local, regional, and State day and residential centers for children with disabilities who cannot be served appropriately in the public schools;
(5)
Coordination of these special education services with services given by any other government agency; and
(6)
Guidelines for approval of placement in nonpublic schools or facilities if appropriate public services are not available.
Md. Code Ann., Educ. § 8-405 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–405LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Accessible copy” includes a copy of a document provided to an individual in a format as defined in § 8–408 of this subtitle.
(3)
“Extenuating circumstance” means:
(i)
A death in the family;
(ii)
A personal emergency;
(iii)
A natural disaster; or
(iv)
Any other similar situation defined by the Department.
(4)
“Individualized education program” and “individualized family service plan” have the same meaning as provided in the federal Individuals with Disabilities Education Act.
(b)
(1)
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:
(i)
The parents of the child shall be afforded the opportunity to participate and shall be provided reasonable notice in advance of the meeting; and
(ii)
Reasonable notice shall be at least 10 calendar days in advance of the meeting, unless an expedited meeting is being conducted to:
(1)
Address disciplinary issues;
(2)
Determine the placement of the child with a disability not currently receiving educational services; or
(3)
Meet other urgent needs of a child with a disability to ensure the provision of a free appropriate public education.
(2)
(i)
(1)
At the initial evaluation meeting, the parents of the child shall be provided:
(A)
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;
(B)
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;
(C)
Written information on the Special Education Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the State Government Article;
(D)
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle; and
(E)
Written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.
(2)
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.
(3)
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.
(ii)
The parents may request the information provided under subparagraph (i) of this paragraph at any subsequent meeting.
(iii)
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.
(iv)
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.
(3)
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.
(4)
(i)
A parent may request an independent educational evaluation at public expense in accordance with regulations adopted by the Department if:
(1)
The parent disagrees with the educational evaluation of the student that was conducted by the local school system; or
(2)
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:
(A)
Does not respond to the request within 30 days as required under subparagraph (ii) of this paragraph; or
(B)
Approves the request but the educational evaluation meeting does not occur, through no fault of the parent, within:
(I)
60 days after the date on which the request was received by the local school system; or
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.
(ii)
The local school system shall provide a written response approving or denying a request within 30 days of the date the request was made.
(iii)
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.
(iv)
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.
(5)
(i)
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:
(1)
An oral and a written explanation of the parent’s right to request mediation in accordance with § 8–413 of this subtitle;
(2)
Contact information, including a telephone number that a parent may use to receive more information about the mediation process;
(3)
Information regarding pro bono representation and other free or low–cost legal and related services available in the area; and
(4)
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
(ii)
A parent may request the information provided under subparagraph (i) of this paragraph at any individualized education program team meeting.
(6)
(i)
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.
(ii)
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.
(c)
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.
(d)
(1)
In this subsection, “emergency conditions” means a period of time of 10 school days or longer, during which:
(i)
A child with a disability cannot be provided with an individualized education program or special education services at school; and
(ii)
The school is providing instruction in some form to its students.
(2)
(i)
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.
(ii)
A learning continuity plan required under subparagraph (i) of this paragraph shall be developed by an individualized education program team at the time of:
(1)
The development of a student’s initial individualized education program; or
(2)
The next scheduled revision of a student’s individualized education program.
(3)
(i)
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.
(ii)
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.
(4)
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.
(5)
An individualized education program team shall periodically update the emergency learning continuity plan.
(e)
(1)
(i)
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:
(1)
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;
(2)
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
(3)
Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
(ii)
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.
(iii)
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.
(2)
(i)
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.
(ii)
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.
(f)
(1)
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.
(2)
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.
(3)
The completed or draft individualized education program shall be provided to the parents in an accessible format.
(4)
(i)
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.
(ii)
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.
(g)
(1)
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:
(i)
Enroll the child in an alternative education program that does not issue or provide credits toward a Maryland high school diploma;
(ii)
Identify the child for the alternative education assessment aligned with the State’s alternative curriculum; or
(iii)
Include restraint or seclusion in the individualized education program to address the child’s behavior as described in COMAR 13A.08.04.05.
(2)
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:
(i)
The parent has the right to either consent to or refuse to consent to an action proposed under paragraph (1) of this subsection; and
(ii)
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.
(3)
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.
(h)
To fulfill the purposes of this section, school personnel may provide the documents required under this section through:
(1)
Electronic delivery;
(2)
Home delivery with the student; or
(3)
Any other reasonable and legal method of delivery.
(i)
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.
(j)
The Department shall adopt:
(1)
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
(2)
Any other regulations necessary to carry out subsection (b)(2) and (4) of this section.
Md. Code Ann., Educ. § 8-405.1 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–405.1LinkCopy Citation
(a)
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.
(b)
(1)
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.
(2)
If a parent’s native language is not English, the written informational materials shall be provided in the parent’s native language.
(3)
The parents may request the written informational materials provided at any subsequent meeting.
Md. Code Ann., Educ. § 8-406 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–406LinkCopy Citation
(a)
In this section, “wraparound services”:
(1)
Means individualized services, excluding regular school programs or services, that are provided to a child with a disability and the child’s family; and
(2)
Includes the following services:
(i)
Behavioral aide in home;
(ii)
Education tutoring;
(iii)
Family therapy;
(iv)
Medication management;
(v)
Respite care;
(vi)
Vocational mentoring; and
(vii)
Environmental accessibility adaptations.
(b)
(1)
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.
(2)
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:
(i)
Because of the child’s home circumstances; or
(ii)
Subject to subsection (d)(1) and (2) of this section, because of medical necessity.
(c)
(1)
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.
(2)
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.
(d)
(1)
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:
(i)
The nonpublic program;
(ii)
The placement of the child in the program;
(iii)
The cost of the program; and
(iv)
The amount of payment or reimbursement.
(2)
For wraparound services, payment or reimbursement may not be provided in accordance with § 8-415(d) of this subtitle if:
(i)
The child is eligible for funding for out-of-state placement of children under departmental regulations; or
(ii)
Alternative federal, State, or local funding is available.
(3)
Department approval is not required for a nonpublic program if:
(i)
The local school system approves the placement of the child in the program; and
(ii)
The local school system makes the payment or reimbursement from local funds.
(4)
The State Board shall adopt regulations that establish standards and guidelines for approvals required by paragraph (3) of this subsection.
(e)
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.
(f)
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.
(g)
The Department shall adopt regulations to carry out the provisions of this section.
Md. Code Ann., Educ. § 8-407 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–407LinkCopy Citation
All proceedings held and decisions made pursuant to this subtitle shall be in conformance with applicable federal law.
Md. Code Ann., Educ. § 8-408 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–408LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“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.
(3)
“Braille” means the system of reading and writing through touch commonly known as Standard English Contracted Braille.
(4)
“Child who is blind or visually impaired” means a child who:
(i)
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;
(ii)
Has a medically indicated expectation of visual deterioration; or
(iii)
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.
(5)
“Individualized education program” and “IEP team” have the same meaning as provided by the Individuals with Disabilities Education Act.
(6)
“National Instructional Materials Access Center” means the center established under § 674(e) of the federal Individuals with Disabilities Education Improvement Act of 2004.
(7)
“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.
(8)
“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.
(9)
“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.
(10)
“Specialized formats” means braille, large print, audio, or digital text that is used by blind or visually impaired individuals.
(b)
(1)
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.
(i)
A child may not be denied the opportunity for instruction in braille reading and writing solely because the child has some remaining vision.
(ii)
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.
(2)
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.
(3)
(i)
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.
(ii)
(1)
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:
(A)
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
(B)
Purchase instructional materials from that publisher that are produced in, or may be rendered in, specialized formats.
(2)
A publisher may not be required to provide an electronic copy of any instructional material copyrighted before July 1, 2007.
(iii)
The State Board shall coordinate with the National Instructional Materials Access Center to facilitate the timely transfer to the Instructional Resources Center of:
(1)
Electronic files or instructional materials sent by publishers for the Instructional Resources Center to convert the instructional materials into specialized formats; and
(2)
Electronic files or instructional materials purchased from a publisher in a specialized format.
(iv)
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.
(v)
(1)
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.
(2)
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.
(3)
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.
(4)
(i)
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.
(ii)
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.
(5)
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.
(6)
(i)
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.
(ii)
The Department and county boards shall enter into a memorandum of understanding to accomplish the purposes of this paragraph.
(c)
(1)
(i)
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.
(ii)
A child may not be denied orientation and mobility instruction solely because the child has some remaining vision.
(2)
(i)
(1)
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.
(2)
An orientation and mobility assessment shall be conducted by a qualified individual in accordance with regulations adopted by the Department.
(ii)
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.
(iii)
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.
(iv)
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.
(3)
An orientation and mobility assessment, at a minimum, shall:
(i)
Contain input from the child’s parent or guardian;
(ii)
Contain input from the child’s classroom teacher; and
(iii)
Consider, at a minimum, the child’s:
(1)
Age;
(2)
Current and future needs;
(3)
Ability to function in familiar and unfamiliar areas; and
(4)
Ability to function under various lighting conditions.
(4)
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.
(5)
(i)
Orientation and mobility instruction provided in accordance with this subsection shall be provided by a qualified individual.
(ii)
(1)
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.
(2)
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.
(d)
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.
(e)
(1)
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:
(i)
The number of electronic files publishers provided to NIMAS;
(ii)
The number of students requesting instructional materials;
(iii)
The grade level of students requesting instructional materials;
(iv)
The number of requests for instructional materials in a specialized format that could be fulfilled; and
(v)
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.
(2)
The Department shall post on its website the information received from the Instructional Resources Center in accordance with this subsection.
(f)
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.
(g)
The State Board shall adopt regulations:
(1)
Consistent with § 7–910 of this article; and
(2)
To implement the provisions of this section.
Md. Code Ann., Educ. § 8-410 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–410LinkCopy Citation
(a)
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:
(1)
A public school;
(2)
A school maintained by a State agency; and
(3)
A nonpublic school.
(b)
(1)
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:
(i)
The school is outside this State or the county in which the child resides; and
(ii)
State aid has provided for the education of the child under this subtitle.
(2)
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.
(c)
(1)
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.
(2)
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:
(i)
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
(ii)
The appropriate length of time and distance for transporting a child with a disability to a nonpublic special education facility.
(d)
(1)
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.
(2)
The State Department shall annually:
(i)
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
(ii)
Advise a local school system as to whether its plan or procedures are in compliance.
(e)
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:
(1)
Take into consideration the particular circumstances and needs of each applicable local school system, including the differences among urban and rural school systems; and
(2)
Recognize the need for flexibility on an individual child basis.
Md. Code Ann., Educ. § 8-411 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–411LinkCopy Citation
(a)
(1)
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.
(2)
The appropriation by the General Assembly shall be spent under the supervision and control of the Department.
(b)
The Department shall adopt standards and issue rules and regulations based on these standards for:
(1)
Identification, evaluation, early intervention, and education of children with disabilities;
(2)
Qualifications of service providers and teachers;
(3)
Curriculum and equipment; and
(4)
General supervision and operation of the program provided in this section.
Md. Code Ann., Educ. § 8-412 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–412LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“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.
(3)
“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.
(4)
“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.
(5)
(i)
“Parent” means:
(1)
A child’s natural parents;
(2)
A child’s adoptive parents;
(3)
A guardian;
(4)
A person acting as a parent of a child such as a relative or a stepparent with whom a child lives;
(5)
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
(6)
Any other individual who is legally responsible for a child’s welfare.
(ii)
“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.
(6)
“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.
(7)
(i)
“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.
(ii)
For the purpose of this section, the Maryland School for the Blind shall be considered a public agency.
(8)
“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.
(9)
“Unavailable” means that a public agency, after reasonable efforts, cannot discover the physical whereabouts of a child’s parent.
(10)
“Unknown” means that a public agency, after reasonable efforts, cannot identify the child’s parent.
(11)
“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.
(b)
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:
(1)
The child is a ward of the State;
(2)
The child is an unaccompanied homeless youth; or
(3)
(i)
The parents of the child are unknown or unavailable; and
(ii)
The child’s rights have not been transferred in accordance with § 8–412.1 of this subtitle.
(c)
Any request to the local school superintendent for the appointment of a parent surrogate under subsection (b) of this section shall include:
(1)
The name, date of birth, sex, legal domicile, and present residence of the child;
(2)
A statement that the child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section;
(3)
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:
(i)
A search of telephone directories; and
(ii)
Letters sent by certified mail; and
(4)
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.
(d)
The local school superintendent shall ensure that the person proposed to serve as the child’s parent surrogate:
(1)
Has no interest that conflicts with the interests of the child to be entrusted to that person; and
(2)
Has knowledge and skills that ensure adequate representation of the child.
(e)
(1)
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:
(i)
The child is eligible for the appointment of a parent surrogate in accordance with subsection (b) of this section; and
(ii)
The proposed parent surrogate is qualified to represent the child in the educational decision making process in accordance with subsection (d) of this section.
(2)
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.
(3)
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:
(i)
Request public agency personnel to propose the appointment of another parent surrogate who is qualified; or
(ii)
Select and appoint a parent surrogate who is qualified.
(4)
(i)
The local school superintendent shall notify the State Superintendent in writing of the parent surrogate appointment.
(ii)
The notice shall occur within 30 days after the day on which the appointment is made.
(iii)
The notification shall include the child’s name, the name of the parent surrogate, and any other information deemed applicable.
(f)
(1)
A child entrusted to a parent surrogate shall be represented by that parent surrogate in the educational decision making process.
(2)
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.
(3)
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.
(g)
(1)
The local school superintendent may terminate the appointment of a previously assigned parent surrogate for good cause.
(2)
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.
(3)
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.
(h)
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.
Md. Code Ann., Educ. § 8-412.1 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–412.1LinkCopy Citation
(a)
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:
(1)
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;
(2)
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);
(3)
The parents have affirmatively rejected participation in the special education decision making process;
(4)
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;
(5)
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
(6)
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.
(b)
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.
(c)
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.
Md. Code Ann., Educ. § 8-413 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–413LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“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.
(3)
“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.
(4)
“Federal law” means the Individuals with Disabilities Education Act and regulations adopted under that Act.
(5)
“Parent” means:
(i)
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;
(ii)
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;
(iii)
Another individual who is legally responsible for the child’s welfare; or
(iv)
A parent surrogate appointed in accordance with § 8–412 of this subtitle.
(6)
“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.
(7)
“Resolution session” means a preliminary meeting the public agency shall convene with the child’s parent in accordance with federal law.
(b)
(1)
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.
(2)
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.
(3)
The request for mediation may not be used to deny or delay the parent’s rights under federal law or this section.
(4)
Any party to the mediation has the right to be accompanied and advised by counsel.
(5)
Mediation shall be conducted in accordance with departmental regulations.
(6)
A mediation agreement shall be in writing and is enforceable in a court of competent jurisdiction in accordance with federal law.
(7)
The Department shall make a staff member available to assist a parent in understanding the mediation process.
(8)
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.
(c)
(1)
Before conducting a due process hearing in accordance with subsection (d) of this section, the public agency shall provide the parent with:
(i)
An opportunity to resolve the due process complaint at a resolution session in accordance with federal law; and
(ii)
Notification about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.
(2)
A resolution session agreement shall be in writing and enforceable in a court of competent jurisdiction in accordance with federal law.
(3)
A written resolution agreement may be voided by the parties within 3 business days of execution in accordance with federal law.
(d)
(1)
A parent of a child with disabilities shall file a due process complaint with the Office of Administrative Hearings and the public agency.
(2)
A public agency shall file a due process complaint with the Office of Administrative Hearings and the parent.
(3)
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.
(4)
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:
(i)
Specific misrepresentations made by the public agency that it had resolved the problem that formed the basis of the due process complaint; or
(ii)
The public agency’s withholding of information that the public agency was required to provide to the parent.
(5)
In order to conduct a hearing, the Office of Administrative Hearings shall appoint an administrative law judge who:
(i)
Is an administrative law judge in the Office of Administrative Hearings; and
(ii)
Meets the requirements of a due process hearing officer in accordance with federal law.
(6)
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.
(7)
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.
(e)
(1)
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:
(i)
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;
(ii)
Require the parties to attend a prehearing conference prior to the due process hearing;
(iii)
Hear any testimony that it considers relevant;
(iv)
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
(v)
Administer oaths to witnesses at the hearing on request of a party.
(2)
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.
(3)
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.
(f)
(1)
Any party to the hearing has the right to:
(i)
Be accompanied and be advised by counsel and individuals with special knowledge or training with respect to the problems of children with disabilities;
(ii)
Present evidence and confront, cross–examine, and compel the attendance of witnesses;
(iii)
Prohibit the introduction of any evidence at the hearing which has not been disclosed to all parties at least 5 days before the hearing;
(iv)
Obtain a written or electronic verbatim record of the hearing; and
(v)
Obtain written findings of fact and decisions.
(2)
Parents involved in the hearings must be given the right to:
(i)
Have the child who is the subject of the hearing present; and
(ii)
Open the hearing to the public.
(g)
(1)
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.
(2)
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:
(i)
Impeded the child’s right to a free appropriate public education;
(ii)
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
(iii)
Caused a deprivation of educational benefits.
(h)
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.
(i)
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.
(j)
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.
(k)
(1)
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.
(2)
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.
(3)
Reimbursement may be reduced or denied by the administrative law judge or court in accordance with federal law.
(l)
(1)
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.
(2)
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:
(i)
The settlement offer is made more than 14 days before the start of the proceeding;
(ii)
The settlement offer is not accepted within 14 days; and
(iii)
The court finds that the relief finally obtained by the parent is not more favorable to the parent than the settlement offer.
(3)
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.
(m)
(1)
A public agency annually shall collect the following information for each mediation proceeding and due process proceeding:
(i)
The nature of the dispute; and
(ii)
The student’s:
(1)
Grade level;
(2)
Special education placement;
(3)
Disability category;
(4)
Race;
(5)
Ethnicity;
(6)
Gender;
(7)
English learner status; and
(8)
Free and reduced price meals status.
(2)
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.
Md. Code Ann., Educ. § 8-413.1 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–413.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Advocate” means an individual who, for compensation, provides support and guidance during individualized education program meetings, mediation proceedings, or due process proceedings to:
(1)
A student with a disability; or
(2)
The parent or guardian of a student with a disability.
(ii)
“Advocate” does not include:
(1)
An attorney acting in a legal capacity to represent a student with a disability; or
(2)
A consultant.
(3)
“Consultant” means an individual with a degree or certification in a field that is directly related to special education or related services whose knowledge can be helpful in determining how to meet a student’s special education needs in accordance with federal and State law.
(4)
“Eligible student” means a student with a disability whose parent has:
(i)
A household income of not more than 150% of the income guidelines used by the Maryland Volunteer Lawyers Service; and
(ii)
Made at least one attempt to resolve a disagreement with a public agency regarding the child’s special education services or program.
(5)
“Fund” means the Access to Attorneys, Advocates, and Consultants for Special Education Fund.
(6)
“Individualized education program” has the same meaning as stated in the federal Individuals with Disabilities Education Act.
(7)
“Parent” has the meaning stated in § 8–413 of this subtitle.
(8)
“Program” means the Access to Attorneys, Advocates, and Consultants for Special Education Program.
(9)
“Public agency” has the meaning stated in § 8–413 of this subtitle.
(b)
(1)
There is an Access to Attorneys, Advocates, and Consultants for Special Education Program.
(2)
The purpose of the Program is to direct resources and services to eligible students to provide access to legal, advocacy, and consultant services as required under this section.
(3)
(i)
The Program shall be administered by the Maryland Volunteer Lawyers Service.
(ii)
The Maryland Volunteer Lawyers Service shall:
(1)
Advertise the Program;
(2)
Seek qualified attorneys, advocates, and consultants interested in being included on a referral list to be provided to eligible students;
(3)
Compile and maintain a referral list of qualified attorneys, advocates, and consultants;
(4)
Develop criteria to determine the required qualifications of attorneys, advocates, and consultants to participate in the Program;
(5)
Develop, in consultation with the Department, local school system special education directors, disability rights advocates, and representatives from the judiciary, training for advocates and consultants on federal and State special education law and procedures;
(6)
Develop and distribute to appropriate public agencies the written informational materials required to be provided to parents under § 8–405 of this subtitle;
(7)
Ensure that public agencies provide notification of the Program in accordance with subsection (c) of this section;
(8)
Provide the referral list to eligible students who contact the Maryland Volunteer Lawyers Service;
(9)
Compile data in accordance with subsection (f) of this section; and
(10)
Study and evaluate:
(A)
The services provided by the Program; and
(B)
Resources needed to increase the access of eligible students to attorneys, advocates, and consultants in special education matters.
(4)
(i)
The Maryland Volunteer Lawyers Service may provide or authorize other nonprofit organizations to provide to advocates and consultants the training developed under paragraph (3)(ii)5 of this subsection.
(ii)
An advocate or a consultant shall complete the training provided under subparagraph (i) of this paragraph to qualify to participate in and receive payment under the Program.
(5)
The Program may serve only eligible students who meet at least one of the following:
(i)
A more restrictive or less restrictive placement is being proposed for the eligible student and the parent disagrees with the proposal;
(ii)
A reduction in instructional or related services is being proposed for the eligible student and the parent disagrees with the proposal;
(iii)
The eligible student has been suspended or otherwise removed from school for more than 10 days;
(iv)
The school has requested a due process hearing against the eligible student or parent;
(v)
The eligible student has been restrained or placed in seclusion more than 10 times;
(vi)
The school has proposed to enroll an eligible student in an alternative education program and the parent disagrees with the proposal; or
(vii)
The parent’s native language is not English and the parent seeks assistance with navigating the special education needs of the eligible student.
(c)
All public agencies shall include information about the Program in the parent’s rights documents distributed to families in the individualized education program meetings and before mediation or due process hearings under § 8–413 of this subtitle.
(d)
(1)
There is an Access to Attorneys, Advocates, and Consultants for Special Education Fund.
(2)
The purpose of the Fund is to provide funding for families of eligible students with limited financial resources to access legal assistance, advocacy, and consultation services in special education matters.
(3)
The Department shall administer the Fund.
(4)
(i)
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii)
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(5)
The Fund consists of:
(i)
Money appropriated in the State budget to the Fund;
(ii)
Interest earnings;
(iii)
Reimbursements from attorneys, advocates, and consultants due to recoupment of fees; and
(iv)
Any other money from any other source accepted for the benefit of the Fund.
(6)
The Fund may be used only for:
(i)
Services provided to eligible students by attorneys, advocates, and consultants;
(ii)
Development and distribution of written informational material for parents;
(iii)
Outreach and education activities; and
(iv)
Administrative expenses of the Department and the Maryland Volunteer Lawyers Service.
(7)
(i)
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii)
Any interest earnings of the Fund shall be credited to the Fund.
(8)
Expenditures from the Fund may be made only in accordance with the State budget.
(9)
(i)
Beginning in fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.
(ii)
Excluding expenditures for administering the Program, it is the intent of the General Assembly that:
(1)
Approximately 25% of the annual appropriation be used for providing representation of eligible students in due process hearings and court proceedings; and
(2)
Approximately 75% of the annual appropriation be used for providing consultation, representation, or advocacy of eligible students.
(10)
Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program or for any other civil legal services funded in the State’s annual operating budget.
(e)
(1)
An eligible student who is interested in securing the services of an attorney, an advocate, or a consultant under the Program shall register with and provide any information required by the Maryland Volunteer Lawyers Service.
(2)
(i)
An attorney, an advocate, or a consultant who is included on the referral list maintained by the Maryland Volunteer Lawyers Service may receive the individual’s customary rate, up to $200 per hour, to provide services to the eligible student under the Program.
(ii)
On quarterly submission of proof of services, the Maryland Volunteer Lawyers Service shall directly pay the attorney, advocate, or consultant on behalf of the eligible student up to the limit described in paragraph (3)(ii) of this subsection.
(iii)
Funds received by an attorney, an advocate, or a consultant under the Program do not need to be repaid to the Program unless the eligible student is the prevailing party in a proceeding and fees have been awarded to the eligible student.
(3)
(i)
Program funds shall be allocated on a first–come, first–served basis.
(ii)
An eligible student is limited to a lifetime maximum of $20,000 of services provided under the Program.
(f)
(1)
The Maryland Volunteer Lawyers Service shall collect the following data on an annual basis:
(i)
Total amount of funds disbursed from the Fund;
(ii)
Amount of funds disbursed disaggregated by the number of:
(1)
Eligible students served;
(2)
Attorneys who provided services;
(3)
Advocates who provided services; and
(4)
Consultants who provided services;
(iii)
The amount of funds disbursed disaggregated by the type of service, including:
(1)
Dispute resolution proceedings, including mediation, due process hearings, and court proceedings; and
(2)
Assistance and support services, including consultancy, advocacy, and legal consultancy services; and
(iv)
The amount of money returned to the Fund due to recoupment of fees.
(2)
On or before October 1, 2025, and each October 1 thereafter, the Maryland Volunteer Lawyers Service shall compile the information collected under paragraph (1) of this subsection and submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
(g)
The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.
Md. Code Ann., Educ. § 8-415 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–415LinkCopy Citation
(a)
Reserved.
(b)
Reserved.
(c)
Reserved.
(d)
(1)
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.
(2)
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.
(3)
(i)
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:
(1)
The local share of the basic cost;
(2)
An additional amount equal to 200 percent of the basic cost; and
(3)
(A)
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;
(B)
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;
(C)
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
(D)
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.
(ii)
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.
(4)
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.
(e)
(1)
(i)
In this subsection the following words have the meanings indicated.
(ii)
“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.
(iii)
“Nonpublic school” means a nonpublic school in which a child with a disability is placed under § 8–406 of this subtitle.
(2)
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.
(3)
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.
(4)
(i)
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.
(ii)
(1)
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.
(2)
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.
(5)
Funding for other components of the special education placement may not be reduced to provide teacher salaries in accordance with this subsection.
(f)
The Department shall adopt regulations to carry out the provisions of this section.
Md. Code Ann., Educ. § 8-416 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–416LinkCopy Citation
(a)
(1)
There is a Maryland Infants and Toddlers Program in the Department.
(2)
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.
(b)
The Department shall be the lead agency for supervising and monitoring the Program.
(c)
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.
(d)
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.
(e)
An interagency coordinating council shall be appointed by the Governor, with the advice and consent of the Senate, and shall:
(1)
Advise and assist the Department in the supervision and monitoring of the Program; and
(2)
Submit an annual report to the Governor and the federal government.
(f)
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.
(g)
(1)
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.
(2)
(i)
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.
(ii)
Where a local management board and a local interagency coordinating council coexist, they shall work cooperatively.
(h)
Beginning in fiscal year 2021, the Governor shall provide the following amounts for the Program:
(1)
For fiscal year 2021, $12,389,104;
(2)
For fiscal year 2022, $13,531,267;
(3)
For fiscal year 2023, $14,673,430;
(4)
For fiscal year 2024, $15,815,593;
(5)
For fiscal year 2025, $16,957,756;
(6)
For fiscal year 2026, $18,099,919;
(7)
For fiscal year 2027, $19,242,082;
(8)
For fiscal year 2028, $20,384,245;
(9)
For fiscal year 2029, $21,526,408;
(10)
For fiscal year 2030, $22,668,571; and
(11)
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.
(i)
The Department shall adopt regulations necessary to carry out the provisions of this section.
Md. Code Ann., Educ. § 8-417 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–417LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“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.
(3)
“Nonresidential child care program” means a program that:
(i)
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
(ii)
Is licensed or approved by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
(4)
“Residential child care program” means a program that:
(i)
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
(ii)
Is licensed by the Maryland Department of Health, the Department of Human Services, or the Department of Juvenile Services.
(b)
(1)
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.
(2)
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.
(c)
(1)
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.
(2)
The request shall set forth the specific objections to the decision as to the amount or implementation of rates established under this section.
(3)
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.
Md. Code Ann., Educ. § 8-418 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–418LinkCopy Citation
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:
(1)
The transition meeting for a child moving from the Maryland Infants and Toddlers Program to a local school system;
(2)
A child’s initial individualized education program meeting;
(3)
At least one time each year at a child’s individualized education program meeting; and
(4)
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.
Md. Code Ann., Educ. § 8-419 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–419LinkCopy Citation
(a)
(1)
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).
(2)
“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.
(b)
(1)
Each county board shall develop and publish on its website a list of all special education service delivery models:
(i)
In the local school system; and
(ii)
Provided to parentally placed private school students within the jurisdiction of the local school system.
(2)
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.
(c)
On request, the county board shall provide a written copy of the information provided under subsection (b) of this section.
Md. Code Ann., Educ. § 8-420 (2026)
Title 8. Special Programs for Exceptional Children
Subtitle 4. Children With Disabilities
§ 8–420LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Developmental delays, physical disabilities, or delays in social, emotional, or behavioral functioning” means:
(i)
A significant developmental delay or atypical development, as identified by a health professional, in:
(1)
Cognitive development;
(2)
Physical development;
(3)
Language and speech development;
(4)
Psychosocial development; or
(5)
Self–help skills;
(ii)
Psychological trauma, as identified through an evaluation by a mental health professional; or
(iii)
A diagnosed physical, developmental, or mental health condition that impacts daily living and limits participation in typical early childhood education or child care settings.
(3)
“Program” means the Therapeutic Child Care Grant Program.
(b)
There is a Therapeutic Child Care Grant Program in the State.
(c)
(1)
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.
(2)
The Department shall administer the Program.
(3)
On or before August 15 each year, the Department shall award grants under this section.
(d)
(1)
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.
(2)
In awarding grants under the Program, the Department shall distribute:
(i)
$1,283,000 to existing providers in the same amount as was provided in fiscal year 2022;
(ii)
$1,917,000 to existing providers in the same proportion as was provided in fiscal year 2022 to provide additional services; and
(iii)
Except as provided in paragraph (3) of this subsection, $500,000 to new providers or existing providers to enroll additional children.
(3)
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.
(e)
(1)
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.
(2)
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.
(f)
The Department may adopt regulations necessary to carry out this section.