Education - Public School Students - Recognition of External Diagnosis of Autism

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0901*

HOUSE BILL 901
F1 6lr2907

By: Delegates Roberts, Griffith, Amprey, Harrison, A. Johnson, Patterson,
Roberson, Taylor, and Woods
Introduced and read first time: February 5, 2026
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Education – Public School Students – Recognition of External Diagnosis of 2
Autism 3

FOR the purpose of requiring a school to recognize a student’s external diagnosis of autism 4
from certain professionals until the school completes an initial evaluation; requiring 5
a school to initiate an evaluation of a student within a certain time frame and under 6
certain circumstances; requiring a school to provide certain supports to a student 7
during a certain evaluation and until a certain determination is made; and generally 8
relating to the recognition of an external diagnosis of autism in public school 9
students. 10

BY repealing and reenacting, without amendments, 11
Article – Education 12
Section 8–404(a) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2025 Supplement) 15

BY adding to 16
Article – Education 17
Section 8–404(e) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

Article – Education 23

8–404. 24

2 HOUSE BILL 901

(a) The State Board shall adopt, as regulations, standards for the ident ification, 1
evaluation, educational placement, and the provision of a free appropriate public education 2
of each child in this State who has begun the school year under the age of 21 and is found 3
to need special education and related services, whether or not the child is receiving 4
nonduplicative services from another governmental agency. 5

(E) (1) A SCHOOL SHALL RECOGNIZE A STUDENT’S EXTERNAL DIAGNOSIS 6
OF AUTISM FROM A MED ICAL, MENTAL HEALTH, OR EDUCATIONAL PROFESSIONAL 7
AS A DIAGNOSIS UNTIL AN INITIAL EVALUATION OF THE STUDENT IS COMPLETED BY 8
THE SCHOOL. 9

(2) FOR THE PURPOSES OF T HIS SUBSECTION, A MEDICAL, MENTAL 10
HEALTH, OR EDUCATIONAL PROFESSIONAL INCLUDES: 11

(I) A LICENSED DEVELOPMENTAL PEDIATRICIAN; 12

(II) A LICENSED CLINICAL PSYCHOLOGIST; 13

(III) A LICENSED PSYCHIATRIST; 14

(IV) A LICENSED CLINICAL SO CIAL WORKER WITH AUT ISM 15
DIAGNOSIS TRAINING; 16

(V) A LICENSED SPEECH –LANGUAGE PATHOLOGIST WORKING 17
AS PART OF A MULTIDISCIPLINARY DIAGNOSTIC TEAM; AND 18

(VI) A LICENSED OCCUPATIONAL THERAPIST WORKING AS PART 19
OF A MULTIDISCIPLINARY DIAGNOSTIC TEAM. 20

(3) A SCHOOL SHALL INITIATE A SCHOOL –BASED EVALUATION OF A 21
STUDENT WITHIN 30 DAYS AFTER RECEIVING: 22

(I) AN EXTERNAL DIAGNOSIS OF AUTISM; AND 23

(II) WRITTEN CONSENT FROM THE STUDENT’S PARENT. 24

(4) (I) DURING THE EVALUATION PERIOD, A SCHOOL SHALL 25
PROVIDE TO A STUDENT WITH AN EXTERNAL AUTISM DIAGNOSIS THE SUPPORTS 26
RECOMMENDED IN THE DIAGNOSIS. 27

(II) A SCHOOL MAY PROVIDE ALTERNAT IVE SUPPORTS TO A 28
STUDENT WHEN A SPECIFIC RECOMMENDATION: 29

1. CONFLICTS WITH FEDERAL OR STATE LAW; OR 30
HOUSE BILL 901 3

2. PRESENTS A SAFETY RISK. 1

(III) A SCHOOL SHALL CONTINU E TO PROVIDE SUPPORT S TO A 2
STUDENT UNTIL: 3

1. THE SCHOOL –BASED EVALUATION IS COMPLETED; 4
AND 5

2. A DETERMINATION IS MADE REGARDING WHETHER A 6
STUDENT SHOULD CONTINUE TO RECEIVE SUPPORTS. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2026. 9