IDEA Disability Categories in Maryland
What disability categories qualify for an IEP in Maryland?
Maryland recognizes the 13 federal IDEA disability categories under COMAR 13A.05.01.03 and Md. Code Ann., Ed. § 8-401 et seq. The categories are: (1) Autism; (2) Deaf-Blindness; (3) Deafness; (4) Developmental Delay — for children ages 3–7 with delays in one or more developmental areas (Maryland extends the developmental delay category through age 7, consistent with IDEA's option to use it through age 9); (5) Emotional Disability (Maryland's term for the federal 'Emotional Disturbance'); (6) Hearing Impairment; (7) Intellectual Disability; (8) Multiple Disabilities; (9) Orthopedic Impairment; (10) Other Health Impairment (including ADHD, epilepsy, cancer, etc.); (11) Specific Learning Disability; (12) Speech or Language Impairment; (13) Traumatic Brain Injury; (14) Visual Impairment including Blindness. Maryland uses the term 'Emotional Disability' rather than the federal 'Emotional Disturbance.' Maryland's developmental delay category applies from age 3 through age 7 (or age 9 at local option per COMAR 13A.05.01.03B). A child must have a qualifying disability that adversely affects educational performance and requires special education and related services. Maryland prohibits determining a child eligible if the primary factor is lack of appropriate instruction in reading or mathematics, or limited English proficiency (COMAR 13A.05.01.06; 34 CFR 300.306(b)).
What Maryland Requires
Maryland recognizes 13 IDEA disability categories; 'Emotional Disability' is Maryland's state-specific term for the federal 'Emotional Disturbance' (COMAR 13A.05.01.03).
A child must have a qualifying disability that adversely affects educational performance and requires special education and related services (COMAR 13A.05.01.06; 34 CFR 300.8).
Maryland's Developmental Delay category applies ages 3 through 7 (or age 9 at local LEA option) (COMAR 13A.05.01.03B).
Eligibility may not be based primarily on lack of appropriate instruction in reading or mathematics, or limited English proficiency (COMAR 13A.05.01.06; 34 CFR 300.306(b)).
Classification is based on a comprehensive evaluation by a multidisciplinary team (COMAR 13A.05.01.05; COMAR 13A.05.01.06).
Reevaluation must confirm continued disability and need for services at least every three years (COMAR 13A.05.01.06E).
Key Timelines
Initial eligibility determination must be completed within 60 calendar days of parental consent for evaluation (COMAR 13A.05.01.06A; 34 CFR 300.301(c)).
Reevaluation of eligibility must occur at least every three years (COMAR 13A.05.01.06E; 34 CFR 300.303).
Parents must receive evaluation reports and draft IEP at least 5 business days before the eligibility meeting (COMAR 13A.05.01.07D).