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. The categories are: (1) Autism (COMAR 13A.05.01.03(A)(1)); (2) Deaf-Blindness (COMAR 13A.05.01.03(A)(2)); (3) Deafness (COMAR 13A.05.01.03(A)(3)); (4) Developmental Delay — for children ages 3 through 7 (or through age 9 at LEA option) with documented delays of 25% or 1.5 standard deviations below the mean in one or more developmental domains: physical, cognitive, communication, social-emotional, or adaptive (COMAR 13A.05.01.03(B)); (5) Emotional Disability — Maryland's state-specific term for the federal 'Emotional Disturbance' (COMAR 13A.05.01.03(A)(4)); (6) Hearing Impairment (COMAR 13A.05.01.03(A)(5)); (7) Intellectual Disability (COMAR 13A.05.01.03(A)(6)); (8) Multiple Disabilities (COMAR 13A.05.01.03(A)(7)); (9) Orthopedic Impairment (COMAR 13A.05.01.03(A)(8)); (10) Other Health Impairment (including ADHD, epilepsy, cancer, asthma, sickle cell anemia, diabetes, etc.) (COMAR 13A.05.01.03(A)(9)); (11) Specific Learning Disability (COMAR 13A.05.01.03(A)(10)); (12) Speech or Language Impairment (COMAR 13A.05.01.03(A)(11)); (13) Traumatic Brain Injury (COMAR 13A.05.01.03(A)(12)); and (14) Visual Impairment including Blindness (COMAR 13A.05.01.03(A)(13)). Maryland's use of 'Emotional Disability' rather than 'Emotional Disturbance' is a deliberate state-level terminology choice. Maryland's Developmental Delay category applies from age 3 through age 7, with LEAs having the option to extend it through age 9 (COMAR 13A.05.01.03(B)). A child must have a qualifying disability that adversely affects educational performance and requires special education and related services — all three prongs must be met. Maryland prohibits determining a child eligible if the primary determinant factor is a lack of appropriate instruction in reading (including essential components of reading instruction) or mathematics, or limited English proficiency (COMAR 13A.05.01.06; 34 CFR 300.306(b)). Classification is based on a comprehensive multidisciplinary evaluation (COMAR 13A.05.01.05; COMAR 13A.05.01.06). Maryland's 24 LEAs (23 counties plus Baltimore City) each conduct evaluations and determine eligibility, with MSDE providing oversight.
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)(4)).
A child must have a qualifying disability that adversely affects educational performance and requires special education and related services — all three prongs (COMAR 13A.05.01.06; 34 CFR 300.8).
Maryland's Developmental Delay category applies ages 3 through 7 (or age 9 at LEA option), requiring 25% delay or 1.5 standard deviations below the mean in one or more developmental domains (COMAR 13A.05.01.03(B)).
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 multidisciplinary evaluation including qualified evaluators in all suspected disability areas (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.05.01.06(E)).
Each of the 13 categories has specific criteria defined in COMAR 13A.05.01.03(A)(1)–(13) and must be evaluated using technically sound instruments (COMAR 13A.05.01.05(B)).
Key Timelines
Initial eligibility determination must be completed within 60 calendar days of parental consent for evaluation (COMAR 13A.05.01.06(A); 34 CFR 300.301(c)).
Reevaluation of eligibility must occur at least every three years (COMAR 13A.05.01.06(E); 34 CFR 300.303).
Parents must receive evaluation reports and draft IEP at least 5 business days before the eligibility meeting (COMAR 13A.05.01.07(D)).
IEP must be developed within 30 calendar days of eligibility determination (COMAR 13A.05.01.08(A)).
Sources
Related IEP Guides
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