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 when the multidisciplinary team determines: (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 special education and related services as a result of the disability. A child cannot be determined eligible if the determinant factor is a lack of appropriate instruction in reading (including essential components) 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 either the severe discrepancy model (between ability and achievement) or a response-to-intervention/multi-tiered system of supports approach (COMAR 13A.05.01.06D; 34 CFR 300.307). Maryland also permits the pattern of strengths and weaknesses approach for SLD identification. Maryland's Developmental Delay category applies from age 3 through age 7 (or age 9 at local LEA option) and requires documented delays of 25% or 1.5 standard deviations below the mean in one or more developmental areas. For initial evaluations, the multidisciplinary team must include qualified evaluators in all suspected disability areas (COMAR 13A.05.01.05). Parents must receive a copy of the evaluation report and draft IEP at least 5 business days before the eligibility meeting (COMAR 13A.05.01.07D).
What Maryland Requires
Eligibility requires: (1) a qualifying disability, (2) adverse effect on educational performance, and (3) need for special education 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 (COMAR 13A.05.01.06D; 34 CFR 300.307).
The Developmental Delay category applies ages 3–7 (or age 9 at LEA option), requiring 25% delay or 1.5 SD below the mean in one or more developmental areas (COMAR 13A.05.01.03B).
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.05.01.07D).
Key Timelines
Initial evaluation must be completed within 60 calendar days of parental consent (COMAR 13A.05.01.06A; 34 CFR 300.301(c)).
Reevaluation must be completed 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).
IEP must be developed within 30 calendar days of eligibility determination (COMAR 13A.05.01.08A).