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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0863*
SENATE BILL 863
F3 EMERGENCY BILL 6lr1237
CF HB 1013
By: Senators A. Washington, Charles, and Muse
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Prince George’s County Special Education Service Delivery, Transparency, and 2
Accountability Act 3
FOR the purpose of requiring the Prince George’s County Board of Education and County 4
Superintendent, beginning in a certain school year, to include certain funds in their 5
annual budget to certain individuals hired as one–to–one student aides; requiring 6
the County Superintendent, or the County Superintendent’s designee , to provide 7
certain quarterly updates to the county board and the State Department of 8
Education; requiring the County Superintendent to develop and offer certain 9
professional development training for employees who provide special education 10
services; requiring the State Department of Education to hire a third–party auditor 11
to conduct a certain audit of the Department of Special Education in Prince George’s 12
County Public Schools for certain fiscal years ; and generally relating to special 13
education and Prince George’s County Public Schools. 14
BY repealing and reenacting, without amendments, 15
Article – Education 16
Section 4–401(a) and 4–402(a) and (b)(2)(iii) and (vi) 17
Annotated Code of Maryland 18
(2025 Replacement Volume and 2025 Supplement) 19
BY adding to 20
Article – Education 21
Section 4–406 22
Annotated Code of Maryland 23
(2025 Replacement Volume and 2025 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Education 27
2 SENATE BILL 863
4–401. 1
(a) The purpose of the county board is to: 2
(1) Maintain throughout the county a reasonably uniform system of public 3
schools that is designed to provide quality education and equitable educational opportunity 4
for all children; 5
(2) Raise the level of acade mic achievement of the students in the Prince 6
George’s County public school system; and 7
(3) Raise the level of engagement of the parents, students, and community 8
as a whole. 9
4–402. 10
(a) In addition to the other powers granted to, and duties imposed on, a county 11
superintendent under this article, the County Superintendent has the responsibilities and 12
powers set forth in this section. 13
(b) The County Superintendent shall be responsible for: 14
(2) Subject to the provisions of Title 6 of this article, and after a budget is 15
submitted by the county board and approved by the County Council at the beginning of 16
each fiscal year, the day –to–day management and oversight of the fiscal affairs of the 17
Prince George’s County public school system, including the man agement of activities 18
related to: 19
(iii) Instructional salaries; 20
(vi) Special education; 21
4–406. 22
(A) THIS SECTION APPLIES ONLY IN PRINCE GEORGE’S COUNTY. 23
(B) BEGINNING IN THE 2027–2028 SCHOOL YEAR, THE PRINCE GEORGE’S 24
COUNTY BOARD AND COUNTY SUPERINTENDENT SHALL INCLUDE FUNDS IN THE 25
ANNUAL BUDGET TO PRO VIDE EACH INDIVIDUAL EMPLOYED AS A ONE–TO–ONE 26
STUDENT AIDE FULL–TIME SALARY AND BENEFITS, INCLUDING HEALTH INSURANCE 27
AND OTHER FRINGE BENEFITS REGULARLY PROVIDED TO FULL–TIME EMPLOYEES, 28
UNDER THE SAME TERMS AND CONDITIONS EXTEN DED TO OTHER EMPLOYE ES OF 29
THE COUNTY SCHOOL SYSTEM. 30
SENATE BILL 863 3
(C) (1) THE COUNTY SUPERINTENDENT, OR THE COUNTY 1
SUPERINTENDENT’S DESIGNEE, SHALL PROVIDE QUARTERLY UPDATES ON SPECIAL 2
EDUCATION IN THE COU NTY SCHOOL SYSTEM TO THE COUNTY BOARD AND THE 3
DEPARTMENT FOR AT LEAST 24 MONTHS. 4
(2) THE QUARTERLY UPDATES REQUIRED UNDER PARAGRAPH (1) OF 5
THIS SUBSECTION SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING CONTENT: 6
(I) THE NUMBER OF STUDENT S IN THE COUNTY SCHOOL 7
SYSTEM WITH AN INDIVIDUALIZ ED EDUCATION PROGRAM THAT REQUIRE 8
ONE–TO–ONE STUDENT AIDES AND THE NUMBER OF STUDENTS IMPACTED; 9
(II) THE NUMBER AND PERCENTAG E OF STUDENTS OWED 10
COMPENSATORY SERVICES AND THE PERCENTAGE OF COMPENSATORY SERVICES 11
COMPLETED; 12
(III) THE PERCENTAGE OF INDIVIDUALIZED SERVICE MINUTES 13
FOR STUDENTS WITH INDIVIDUALIZED EDUCATION PROGRAMS DELIVERED; 14
(IV) THE AVERAGE AND MAXIM UM DAYS THAT ONE –TO–ONE 15
STUDENT AIDE POSITIONS REMAIN UNFILLED; AND 16
(V) THE VACANCY AND TURNO VER RATES FOR ONE –TO–ONE 17
STUDENT AIDES. 18
(3) AFTER 24 MONTHS, THE COUNTY SUPERINTENDENT OR THE 19
COUNTY SUPERINTENDENT’S DESIGNEE MAY CEASE CONDUCTING QUA RTERLY 20
UPDATES UNDER PARAGR APH (1) OF THIS SUBSECTION I F THE DEPARTMENT 21
CERTIFIES SUSTAINED COMPLIANCE IN THE PROVISION OF SPECIAL EDUCATION 22
SERVICES FOR AT LEAST 2 CONSECUTIVE QUARTERS USING OBJECTIVE 23
PERFORMANCE THRESHOLDS, INCLUDING: 24
(I) IEP SERVICE DELIVERY RATES; 25
(II) TIMELY FILING OF ONE–TO–ONE AIDE ASSIGNMENTS; 26
(III) COMPLETION OF COMPENSATORY SERVICES; AND 27
(IV) THE REDUCTION IN RECU RRING COMPLAINTS AND DUE 28
PROCESS FILINGS. 29
(D) (1) (I) THE COUNTY SUPERINTENDENT SHALL DEVELOP AND 30
OFFER PROFESSIONAL DEVELOPMENT TRAINING IN SPECIAL EDUCATION SERVICES 31
4 SENATE BILL 863
TO COUNTY SCHOOL SYSTEM EMPLOYEES WHO PROVIDE SPECIAL EDUCATION 1
SERVICES. 2
(II) THE TRAINING DEVELOPED UNDER SUBPARAGRAPH (I) OF 3
THIS PARAGRAPH: 4
1. MAY BE OFFERED IN –PERSON OR VIRTUALLY AND 5
PROVIDED SYNCHRONOUSLY OR ASYNCHRONOUSLY; AND 6
2. SHALL BE OFFERED BY THE COUNTY SCHOOL SYSTEM 7
EACH QUARTER OF THE SCHOOL YEAR. 8
(2) BEGINNING IN THE 2027–2028 SCHOOL YEAR, EACH EMPLOYEE 9
WHO PROVIDES SPECIAL EDUCATION SERVICES IN THE COUN TY SCHOOL SYSTEM 10
SHALL COMPLETE AT LEAST ON E T RAINING OFFERED UNDER PARAGRAPH (1) OF 11
THIS SUBSECTION EACH SCHOOL YEAR. 12
SECTION 2. AND BE IT FURTHER ENACTED, That: 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “IDEA” means the federal Individuals with Disabilities Education Act. 15
(3) “IEP” means an individualized education program. 16
(b) The State Department of Education shall contract with a third–party auditor 17
to conduct an audit of the Department of Special Education in Prince George’s County 18
Public Schools for fiscal years 2021 through 2025. 19
(c) The audit required under subsection (b) of this section shall include 20
performance, compliance, and financial data regarding special education services provided 21
to students in the local school system under the supervision of the Department of Special 22
Education in Prince George’s County Public Schools that addresses: 23
(1) delivery of special education services and compliance with IDEA, 24
including: 25
(i) the number of students with an I EP requiring a one–to–one 26
student aide; 27
(ii) totals by month; 28
(iii) the assignment status; 29
(iv) the duration of unfilled assignments; 30
SENATE BILL 863 5
(v) coverage offered by substitutes; and 1
(vi) compensatory services required under IDEA due to missed or 2
insufficient services; 3
(2) complaints and due process filings involving students in the Prince 4
George’s County public school system, including: 5
(i) a 5–year inventory of State complaints, local complaints, 6
mediation, and due process filings; 7
(ii) resolution timelines; 8
(iii) corrective actions taken; and 9
(iv) a list of schools and departments within the Prince George’s 10
County public school system with recurring complaints and due process filings; 11
(3) staffing and workforce issues, including: 12
(i) vacancies and turnover rates; 13
(ii) the ratio of benefit–eligible aides versus temporary aides; and 14
(iii) training hours; 15
(4) finance and procurement issues, including: 16
(i) a 5–year t rend of the special education budget and actual 17
spending; 18
(ii) lapses and underspending; and 19
(iii) the use of vacancies to balance budgets; and 20
(5) special education student outcomes, including: 21
(i) the impact of missed services on progress toward IEP goals; 22
(ii) graduation or alternate assessment participation rates; 23
(iii) chronic absenteeism rates; and 24
(iv) discipline for students with disabilities. 25
(d) (1) The third–party auditor shall have access to relevant files to carry out 26
this section. 27
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(2) The State Department of Education and the Department of Special 1
Education in Prince George’s County Public Schools shall publish, in a prominent location 2
on their respective websites, each report, corrective action and strategic plan, and quarterly 3
update required under subsection ( f)(3) of this section, subject to the requirements of the 4
Public Information Act. 5
(e) (1) The Prince George’s County public school system shall designate a 6
compliance liaison to produce records within the timelines described in subsection (f) of this 7
section. 8
(2) If the Prince George’s County public school system fails to comply with 9
the records production requirements of paragraph (1) of this subsection, the school system: 10
(i) shall be required to appear before the Prince George’s County 11
Council and the Prince George’s County Board of Education; 12
(ii) may have funds withheld by the State Superintendent of Schools 13
in accordance with §§ 2–303 and 5–205 of the Education Article; or 14
(iii) shall have mandatory corrective actions monitored by the State 15
Department of Education. 16
(f) (1) The third–party auditor shall submit various reports on the audit 17
required under subsection (c) of this section to the State Department of Education. 18
(2) The State Department of Education shall compile and distribute the 19
reports on the audit to: 20
(i) the Prince George’s County Council; 21
(ii) the Prince George’s County Executive; 22
(iii) the Prince George’s County Board of Education; 23
(iv) the Prince George’s County Superintendent of Schools; and 24
(v) in accordance with § 2–1257 of the State Government Article, the 25
General Assembly. 26
(3) The reports required under paragraph (1) of this subsection shall be 27
submitted as follows: 28
(i) on or before 90 days from the effective date of this Act, a baseline 29
report with compl iance risks under IDEA and relevant State regulations , including 30
preliminary findings on special education aide assignments and missed services and 31
preliminary priority recommendations; 32
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(ii) on or before 180 days from the effective date of this Act , a final 1
comprehensive report of the information required under subsection (c) of this section that 2
includes: 3
1. an analysis of special education services delivery, staffing, 4
finance, procurement, and governance issues; 5
2. school–level and central–office findings; and 6
3. heatmaps that identify chronic noncompliance; and 7
(iii) on or before 30 days from the date of submission of the report 8
under item (ii) of this paragraph, in consultation with the State Department of Education 9
and the Prince George’s County public school system, a corrective action and strategic plan 10
with: 11
1. quantifiable metrics; 12
2. a staffing plan; 13
3. a parent engagement plan, written in plain language with 14
multilingual access, including IEP meeting supports; and 15
4. technology requirements and innovative solutions to 16
provide transparency on the progress , including centralized special education 17
services–tracking dashboards, automated vacancy alerts to IEP teams, and a parent portal 18
with multilingual access that displays special education services delivery compared to 19
student IEP goals. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
measure, is necessary for the immediate preservation of the public health or safety, has 22
been passed by a yea and nay vote supported by three –fifths of all the members elected to 23
each of the two Houses of the General Assembly, and shall take effect from the date it is 24
enacted. It shall remain effective for a period of 3 years from the date it is enacted and, at 25
the end of the 3 –year period, this Act, with no further action required by the General 26
Assembly, shall be abrogated and of no further force and effect. 27