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Special Education Rights in Maryland

The timelines, deadlines, and rights that apply to YOUR child's IEP in Maryland — in plain language, with the actual law attached. Verified citations, no legalese, no paywall on knowledge.

60 calendar days from receipt of parental consent to complete evaluation and determine eligibility. Also: 90 calendar days from receipt of written referral for the full process.
Evaluation deadline
Maryland does not specify a separate response timeline for evaluation requests beyond the 90-day referral-to-completion window. Schools should respond promptly to requests.
School must respond
30 calendar days after eligibility determination, the IEP must be developed. Implementation must begin as soon as possible after IEP is written.
IEP after eligibility
$17,800
Sped spend per pupil · 8th in U.S.

The Maryland timelines that protect your child

Federal law (IDEA) sets the floor; Maryland sets some of its own clocks. These are the ones parents use most:

Evaluation

60 calendar days from receipt of parental consent to complete evaluation and determine eligibility. Also: 90 calendar days from receipt of written referral for the full process.

Response to your written request

Maryland does not specify a separate response timeline for evaluation requests beyond the 90-day referral-to-completion window. Schools should respond promptly to requests.

IEP development

30 calendar days after eligibility determination, the IEP must be developed. Implementation must begin as soon as possible after IEP is written.

State complaint

Written complaint filed with MSDE. Must include specific allegations and facts. Copy to school system required. — Maryland State Department of Education, Division of Early Intervention and Special Education Services. File violation must have occurred within 1 year of filing date. Resolved in 60 calendar days from receipt of complaint.

Due process

Resolution session: Within 15 days of due process complaint filing. Hearing decision: 45 days after resolution period ends. Maryland uses Administrative Law Judges from the Office of Administrative Hearings (OAH) for due process hearings..

Tip: every one of these clocks starts with something in writing. Emails count. Phone calls don't.

What Maryland law actually says

Code of Maryland Regulations
COMAR § 13A.05.01.08

Maryland IEP development rule. Adopts federal IDEA IEP content and adds Maryland-specific: (1) IEP team must use Maryland's 'Online IEP' system, (2) parent has the right to receive IEP draft 5 business days before the meeting upon request, (3) transition planning begins by age 14 (one year earlier than federal 16), and (4) ESY using Maryland's 9-factor analysis.

What this means for you: MD transition planning at AGE 14 — earlier than federal 16. MD parent can request the IEP DRAFT 5 business days before the meeting — important MD-specific right. MD Online IEP system means electronic records are the official IEP — request paper copy at each annual review. MD 9-factor ESY analysis is one of the most detailed in the country (COMAR 13A.05.01.08(D)).

Maryland Education Code
Md. Code, Educ. § 8-405

Maryland's special-education procedural safeguards statute. Codifies the parent's right to: written prior notice, access to records, IEE at public expense, mediation, due process hearing, and Maryland-specific 5-DAY MEDIATION SCHEDULING window (district must offer mediation within 5 business days of parent request).

What this means for you: MD 5-business-day mediation scheduling window is uniquely fast — most states allow 15-30 days. MD has its own Office of Administrative Hearings (OAH) — special-ed administrative law judges hear due process cases. MD evaluation timeline: 60 CALENDAR DAYS from consent to eligibility AND IEP — combined, like CA. MSDE Special Education State Complaint process: 60 calendar days for resolution; written decision required.

Maryland-specific things parents should know

Free help in Maryland — who to call

Parents Place of Maryland

Maryland PTI providing free training, information, and support to families of children with disabilities. Offers IEP workshops, individual consultation, and bilingual services (English and Spanish). Serves families birth through 21.

📞 (410) 768-9100

www.ppmd.org

Maryland State Department of Education (MSDE)

Division of Early Intervention and Special Education Services

📞 (410) 767-0238

State special ed office →

File a state complaint

The official Maryland complaint process — use it when the school isn't following the IEP or the law.

Official complaint page →

Disability Rights Maryland

Maryland protection & advocacy organization — legal advocacy for people with disabilities.

📞 (410) 727-6352

www.disabilityrightsmd.org

Quick answers

How long does a school have to evaluate my child in Maryland?

In Maryland: 60 calendar days from receipt of parental consent to complete evaluation and determine eligibility. Also: 90 calendar days from receipt of written referral for the full process.. (Context: federal law sets a default of 60 calendar days from parental consent — 34 CFR § 300.301(c) — and allows each state to set its own timeframe. Maryland's rule is the one that applies.)

How quickly must the school respond if I request an evaluation in Maryland?

Maryland does not specify a separate response timeline for evaluation requests beyond the 90-day referral-to-completion window. Schools should respond promptly to requests.

How do I file a special education complaint in Maryland?

Written complaint filed with MSDE. Must include specific allegations and facts. Copy to school system required. — Maryland State Department of Education, Division of Early Intervention and Special Education Services. Time limit: Violation must have occurred within 1 year of filing date. Resolution: 60 calendar days from receipt of complaint.

Is there free help for parents in Maryland?

Yes. Parents Place of Maryland is Maryland's federally funded Parent Training and Information center — free help for families — (410) 768-9100.

Get answers about YOUR child's situation — with the law attached

Ask Know Your Rights any Maryland IEP question in plain language, free. And before the school year starts, run the free Fall IEP Audit — it grades last spring's IEP so you know exactly what to push on.

Ask Know Your Rights → Run the Free Fall Audit

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