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.05.01.15(C) and Md. Code Ann., Ed. § 8-413. Due process hearings address disagreements regarding identification, evaluation, educational placement, or the provision of FAPE for students with disabilities. A due process complaint is filed with the MSDE Division of Special Education/Early Intervention Services and must include: (1) the child's name and address, (2) the school the child attends, (3) a description of the nature of the problem relating to the proposed or refused initiation or change, including facts, and (4) a proposed resolution (34 CFR 300.508(b); COMAR 13A.05.01.15(C)). 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.05.01.15(C); 34 CFR 300.507(a)(2)). Within 15 calendar days of receiving the due process complaint, the LEA must convene a resolution meeting with the parent and relevant IEP team members who have knowledge of the facts in the complaint (COMAR 13A.05.01.15(C); 34 CFR 300.510(a)). The resolution period is 30 calendar days; if the matter is not resolved, the due process hearing may proceed. Parties may mutually agree to waive the resolution meeting or substitute mediation. Maryland uses the Office of Administrative Hearings (OAH) to conduct due process hearings, with Administrative Law Judges (ALJs) presiding. OAH is an independent state agency providing impartial adjudication (Md. Code Ann., State Gov. § 9-1601 et seq.). The ALJ hearing decision must be issued within 45 calendar days after the expiration of the 30-day resolution period (COMAR 13A.05.01.15(C); 34 CFR 300.515(a)). For expedited due process hearings involving disciplinary changes of placement, the hearing must occur within 20 school days of filing, with a decision issued within 10 school days of the hearing's conclusion (34 CFR 300.532(c)). Resolution agreements are legally binding and enforceable in court, with a three-business-day rescission period during which either party may void the agreement (34 CFR 300.510(d)–(e)). Hearing decisions are final and binding unless appealed to state circuit court or federal district court within 120 days under Maryland law (Md. Code Ann., Ed. § 8-413(j)). Maryland also offers IEP facilitation as a voluntary pre-dispute resolution process at no cost to families, separate from mediation.
What Maryland Requires
Due process hearings address disagreements regarding identification, evaluation, placement, or FAPE (COMAR 13A.05.01.15(C); 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.05.01.15(C); 34 CFR 300.507(a)(2)).
The LEA must hold a resolution meeting within 15 calendar days of receiving the due process complaint, including parent and relevant IEP team members with knowledge of the facts (COMAR 13A.05.01.15(C); 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(d)–(e)).
Hearings are conducted by the Office of Administrative Hearings (OAH) — an independent state agency — using Administrative Law Judges (ALJs) (Md. Code Ann., Ed. § 8-413; Md. Code Ann., State Gov. § 9-1601).
Hearing decisions are final and binding unless appealed to state circuit court or federal district court within 120 days (Md. Code Ann., Ed. § 8-413(j)).
Maryland offers IEP facilitation as a voluntary pre-dispute option at no cost to families, separate from formal mediation (COMAR 13A.05.01.15).
Key Timelines
Filing deadline: within 2 years of when the party knew or should have known of the action (COMAR 13A.05.01.15(C); 34 CFR 300.507(a)(2)).
Resolution meeting: within 15 calendar days of filing (COMAR 13A.05.01.15(C); 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: within 20 school days of filing; decision within 10 school days of completion (34 CFR 300.532(c)).
Appeals: filed within 120 days of final decision in state circuit court or federal district court (Md. Code Ann., Ed. § 8-413(j)).
Sources
Related IEP Guides
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