IEP Eligibility in Maryland: Who Qualifies?
What qualifies a child for an IEP in Maryland?
Maryland's special education eligibility criteria are established under COMAR 13A.05.01.06 and Md. Code Ann., Ed. § 8-401 et seq. A child ages 3–21 is eligible for special education and related services when the multidisciplinary evaluation team determines all three prongs: (1) the child has one or more qualifying disabilities as defined in COMAR 13A.05.01.03; (2) the disability adversely affects educational performance; and (3) the child needs specially designed instruction (special education) and related services as a result of the disability (COMAR 13A.05.01.06; 34 CFR 300.8). A child cannot be determined eligible if the determinant factor is a lack of appropriate instruction in reading (including the essential components of reading instruction as defined in section 1208(3) of ESEA) or mathematics, or limited English proficiency (COMAR 13A.05.01.06; 34 CFR 300.306(b)). For Specific Learning Disability (SLD), Maryland permits identification using the severe discrepancy model (between intellectual ability and academic achievement), a response-to-intervention/multi-tiered system of supports (RTI/MTSS) approach, or a pattern of strengths and weaknesses approach — LEAs may use any of these methods (COMAR 13A.05.01.06(D); 34 CFR 300.307). Maryland's Developmental Delay category applies from age 3 through age 7 (or through age 9 at local LEA option per COMAR 13A.05.01.03(B)) and requires 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. For initial evaluations, the multidisciplinary team must include qualified evaluators in all suspected disability areas (COMAR 13A.05.01.05). Parents must provide informed written consent before the initial evaluation (COMAR 13A.05.01.13; 34 CFR 300.300). Parents must receive a copy of the evaluation report and draft IEP at least 5 business days before the eligibility meeting to allow meaningful participation (COMAR 13A.05.01.07(D)). The eligibility team must include the parent, and the determination must be documented in writing with the basis for the decision (34 CFR 300.306(a)).
What Maryland Requires
Eligibility requires all three prongs: (1) a qualifying disability under COMAR 13A.05.01.03, (2) adverse effect on educational performance, and (3) need for specially designed instruction and related services (COMAR 13A.05.01.06; 34 CFR 300.8).
A child cannot be found eligible if the primary factor is lack of appropriate reading/math instruction or limited English proficiency (COMAR 13A.05.01.06; 34 CFR 300.306(b)).
For SLD, Maryland permits severe discrepancy, response-to-intervention (RTI/MTSS), or pattern of strengths and weaknesses approaches — LEAs may use any method (COMAR 13A.05.01.06(D); 34 CFR 300.307).
The Developmental Delay category applies ages 3–7 (or through age 9 at LEA option), requiring 25% delay or 1.5 SD below the mean in physical, cognitive, communication, social-emotional, or adaptive domains (COMAR 13A.05.01.03(B)).
The multidisciplinary evaluation team must include qualified evaluators in all suspected disability areas (COMAR 13A.05.01.05).
Parents must receive the evaluation report and draft IEP at least 5 business days before the eligibility determination meeting (COMAR 13A.05.01.07(D)).
Written parental consent is required before initial evaluation (COMAR 13A.05.01.13; 34 CFR 300.300).
The eligibility determination must be documented in writing with the basis for the decision (34 CFR 300.306(a)(2)).
Key Timelines
Initial evaluation must be completed within 60 calendar days of parental consent (COMAR 13A.05.01.06(A); 34 CFR 300.301(c)).
Reevaluation must be completed 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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