Due Process Hearings in Maryland
How does due process work for IEP disputes in Maryland?
Maryland's due process hearing procedures are governed by COMAR 13A.05.01.15C and Md. Code Ann., Ed. § 8-413. Due process hearings address disagreements regarding identification, evaluation, classification, educational placement, or the provision of FAPE for students with disabilities. Requests are filed with the MSDE Office of Special Education Programs and must include the student's name, address, school, a description of the disputed issues, relevant facts, and the relief sought. Maryland follows the federal two-year statute of limitations: the parent or LEA must file a due process complaint within two years of when they knew or should have known about the alleged action (COMAR 13A.05.01.15C; 34 CFR 300.507(a)(2)). Maryland requires a resolution meeting within 15 calendar days of receiving the due process complaint (COMAR 13A.05.01.15C; 34 CFR 300.510(a)). The resolution period is 30 calendar days; if not resolved, the hearing can proceed. Maryland uses the Office of Administrative Hearings (OAH) with administrative law judges to conduct due process hearings. Parties may mutually agree to substitute mediation for the resolution meeting or waive it entirely. The hearing decision must be issued within 45 calendar days after the expiration of the resolution period (COMAR 13A.05.01.15C; 34 CFR 300.515(a)). For expedited due process hearings involving disciplinary changes of placement, decisions must be issued within 20 school days of filing, with a decision within 10 school days of completion of the hearing (34 CFR 300.532(c)). Maryland also offers IEP facilitation as a voluntary pre-dispute resolution process.
What Maryland Requires
Due process hearings address disagreements regarding identification, evaluation, classification, placement, or FAPE (COMAR 13A.05.01.15C; 34 CFR 300.507(a)(1)).
Complaints must be filed within two years of when the party knew or should have known of the alleged action (COMAR 13A.05.01.15C; 34 CFR 300.507(a)(2)).
The LEA must hold a resolution meeting within 15 calendar days of receiving the due process complaint (COMAR 13A.05.01.15C; 34 CFR 300.510(a)).
Resolution agreements are legally binding and enforceable in court, with a three-business-day rescission period (34 CFR 300.510(e)).
Hearings are conducted by the Office of Administrative Hearings (OAH) using administrative law judges (Md. Code Ann., Ed. § 8-413).
Hearing decisions are final and binding, and must be implemented without undue delay (COMAR 13A.05.01.15C; 34 CFR 300.514).
Key Timelines
Filing deadline: within 2 years of when the party knew or should have known of the action (COMAR 13A.05.01.15C; 34 CFR 300.507(a)(2)).
Resolution meeting: within 15 calendar days of filing (COMAR 13A.05.01.15C; 34 CFR 300.510(a)).
Resolution period: 30 calendar days for regular hearings (34 CFR 300.510(b)).
Final decision: within 45 calendar days after the resolution period ends (34 CFR 300.515(a)).
Expedited hearing decision: within 20 school days of filing; decision within 10 school days of completion (34 CFR 300.532(c)).
Appeals: filed within 90 days of final decision in state or federal court (34 CFR 300.516(b)).