IEP Evaluation Process in Maryland
How long does Maryland have to complete an IEP evaluation?
Maryland evaluation procedures are governed by COMAR 13A.05.01.05 (assessment procedures), COMAR 13A.05.01.06 (evaluation, reevaluation, and eligibility), and Md. Code Ann., Ed. § 8-406. A multidisciplinary team (MDT) must conduct a comprehensive evaluation using a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child (COMAR 13A.05.01.05(B)). Maryland's 60-calendar-day evaluation timeline begins from the date written parental consent is received (COMAR 13A.05.01.06(A); 34 CFR 300.301(c)). The initial evaluation must assess the child in all areas of suspected disability, using technically sound instruments that are validated for the purpose used, administered by trained and knowledgeable personnel, and used in accordance with the producer's instructions (COMAR 13A.05.01.05(B); 34 CFR 300.304(b)–(c)). Maryland requires evaluation in the child's native language or other mode of communication unless clearly not feasible, and assessments must be selected and administered to minimize racial and cultural bias (COMAR 13A.05.01.05; 34 CFR 300.304(c)(1)). The evaluation must include: parent input and concerns; teacher/provider input; observations in the educational setting; a review of existing data (including classroom-based assessments, observations, and teacher/parent information); and, if needed, new assessments in all areas of suspected disability including academics, cognition, motor, communication, social-emotional/behavioral, health, vision, hearing, and independent living skills (34 CFR 300.305(a)). Before conducting additional assessments, the team must review existing data and determine what additional information is needed (34 CFR 300.305(a)). Reevaluations occur at least every three years (COMAR 13A.05.01.06(E)); reevaluation may be conducted more frequently if conditions warrant or if the parent or teacher requests, but not more than once per year unless agreed by the parent and LEA (34 CFR 300.303(b)). An Independent Educational Evaluation (IEE) at public expense is available when parents disagree with the LEA's evaluation (COMAR 13A.05.01.14; see iee_rights topic). For Specific Learning Disability (SLD) evaluation, Maryland permits the use of RTI/MTSS data, severe discrepancy, or pattern of strengths and weaknesses as part of the eligibility determination (COMAR 13A.05.01.06(D)). Parents must receive a copy of the evaluation report and draft IEP at least 5 business days before the eligibility meeting (COMAR 13A.05.01.07(D)). Maryland also requires that the evaluation report include documentation of the team's determination of eligibility, including the basis for the decision and the signature or dissent of each team member (34 CFR 300.306(a)(2); 34 CFR 300.311).
What Maryland Requires
Maryland's evaluation timeline is 60 calendar days from written parental consent (COMAR 13A.05.01.06(A); 34 CFR 300.301(c)).
Evaluations must be comprehensive, cover all areas of suspected disability, and use technically sound, validated instruments administered by trained personnel in accordance with producer instructions (COMAR 13A.05.01.05(B); 34 CFR 300.304(b)–(c)).
Evaluations must be conducted in the child's native language or mode of communication unless clearly not feasible, and must minimize racial and cultural bias (COMAR 13A.05.01.05; 34 CFR 300.304(c)(1)).
The evaluation must include parent input, teacher input, observations, a review of existing data, and any new assessments needed (34 CFR 300.305(a)).
For SLD, Maryland permits use of RTI/MTSS data, severe discrepancy, or pattern of strengths and weaknesses (COMAR 13A.05.01.06(D)).
Parents must receive a copy of the evaluation report and draft IEP at least 5 business days before the eligibility meeting (COMAR 13A.05.01.07(D)).
The evaluation report must document the team's eligibility determination, basis for the decision, and each team member's signature or dissent (34 CFR 300.306(a)(2); 34 CFR 300.311).
Written parental consent is required before initial evaluation and before reevaluation when the LEA proposes new assessments (COMAR 13A.05.01.13; 34 CFR 300.300).
Key Timelines
Initial evaluation completed within 60 calendar days of written parental consent (COMAR 13A.05.01.06(A); 34 CFR 300.301(c)).
Reevaluation must occur at least every three years, but not more than once per year unless agreed by parent and LEA (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
How to Request an IEP Evaluation (Step by Step)
Learn how to request a special education evaluation for your child. Sample letter, timelines, what happens after you ask, and what to do if the school says no.
The IEP Triennial Reevaluation: What to Expect and How to Use It
Learn what happens at your child's 3-year reevaluation, what is tested, how to request one early, and how to use the results to strengthen your child's IEP.
Independent Educational Evaluation (IEE): Your Right to a Second Opinion
Learn what an IEE is, how to request one at public expense, what the school can and cannot do, and how to use IEE results in your child's IEP.