Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Maryland: What Parents Need to Know

Q: What is Maryland's dispute resolution process for special education?

Maryland offers state complaints filed with the Maryland State Department of Education (MSDE), mediation, and due process hearings. State complaints must be filed within one year of the alleged violation. MSDE must respond within 60 calendar days.

Q: What is the Maryland State Department of Education's role in special education?

The Maryland State Department of Education (MSDE) oversees special education through its Division of Special Education/Early Intervention Services. MSDE monitors districts, investigates state complaints, and provides technical assistance.

Q: Where can Maryland families get free advocacy help?

The Parents' Place of Maryland is the state's Parent Training and Information (PTI) center. Disability Rights Maryland is the state's P&A organization and provides legal services in special education cases.

Maryland follows federal IDEA with some state-specific rules. Here's what families need to know about timelines, the IEP process, and how to get help.

Meghan Moore, BCBA, M.A. Special Education

Maryland Special Education Overview

Special education in Maryland is governed by IDEA and the Code of Maryland Regulations (COMAR) Title 13A, which includes the state's special education rules. The Maryland State Department of Education (MSDE) oversees compliance through its Division of Special Education/Early Intervention Services.

Evaluation Timelines

Maryland must complete the initial evaluation within 60 calendar days of receiving written parental consent. This is a calendar day, not school day, timeline. School breaks count. After the evaluation, the IEP team must develop the IEP and begin services within 30 calendar days of the eligibility determination.

IEP Development and Review

Once a child is found eligible, the IEP must be developed and services must begin within 30 calendar days. Annual IEP reviews must occur at least once every 12 months. Reevaluations must occur at least every three years, or sooner at parent request or when the school determines conditions warrant it.

Prior Written Notice

Maryland requires prior written notice before any proposal to change or refuse to change your child's identification, evaluation, placement, or services. The notice must be in writing and must include a statement of the proposed or refused action, an explanation of why, a description of other options considered, and your procedural safeguards.

Dispute Resolution in Maryland

State Complaints

State complaints are filed with MSDE's Division of Special Education/Early Intervention Services. Complaints must be filed within one year of the alleged violation. MSDE must investigate and issue a decision within 60 calendar days.

Contact: MSDE Division of Special Education/Early Intervention Services
Phone: 410-767-0238
Website: marylandpublicschools.org

Mediation

Maryland offers voluntary mediation at no cost to parents. Mediation is available before or during due process proceedings.

Due Process

Maryland uses independent hearing officers for due process hearings. Either parent or district can file. Maryland uses the federal IDEA two-year statute of limitations. After filing, there is a 30-day resolution period before the hearing proceeds.

Maryland-Specific Resources

Parents' Place of Maryland

Parents' Place of Maryland is the state's federally funded Parent Training and Information (PTI) center. They provide free training, information, and advocacy support to families of children with disabilities from birth through age 26.

Website: ppmd.org
Phone: 410-768-9100

Disability Rights Maryland

Disability Rights Maryland is the state's Protection and Advocacy (P&A) organization. They provide legal services and advocacy in special education cases.

Website: disabilityrightsmd.org
Phone: 410-727-6352

Key Things to Know in Maryland

Maryland's evaluation timeline is 60 calendar days (not school days) after parental consent
IEP must be developed and services begin within 30 calendar days of eligibility
State complaints go to MSDE's Division of Special Education
Parents' Place of Maryland offers free advocacy support
Disability Rights Maryland provides legal services

Frequently Asked Questions

How long does Maryland have to evaluate my child for special education?

Maryland must complete the initial evaluation within 60 calendar days of receiving written parental consent. After evaluation, the IEP must be developed and services begun within 30 calendar days.

What is Maryland's dispute resolution process for special education?

Maryland offers state complaints filed with MSDE, mediation, and due process hearings. State complaints must be filed within one year of the alleged violation and MSDE must respond within 60 calendar days.

What is the Maryland State Department of Education's role in special education?

MSDE oversees special education through its Division of Special Education/Early Intervention Services. MSDE monitors districts, investigates state complaints, and provides technical assistance.

Where can Maryland families get free advocacy help?

Parents' Place of Maryland is the state's PTI center and provides free support. Disability Rights Maryland is the state's P&A organization and provides legal services.