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) and 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 (COMAR 13A.05.01.05B). Maryland's 60-calendar-day evaluation timeline begins from the date written parental consent is received (COMAR 13A.05.01.06A; 34 CFR 300.301(c)). The initial evaluation must be conducted in all areas of suspected disability, using technically sound instruments that are validated, administered by trained personnel, and used for the purposes for which they were designed (34 CFR 300.304). Maryland requires evaluation in the child's native language unless clearly not feasible (COMAR 13A.05.01.05; 34 CFR 300.304(c)(1)(ii)). Evaluations must include: parent input; teacher/provider input; observations; a review of existing data; and, if needed, new assessments in all areas of suspected disability including academics, cognition, motor, communication, social-emotional/behavioral, health, and independent living. Reevaluations occur at least every three years (COMAR 13A.05.01.06E); 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. An IEE at public expense is governed by COMAR 13A.05.01.14. For SLD evaluation, Maryland permits the use of RTI/MTSS data as part of the eligibility determination (COMAR 13A.05.01.06D).
What Maryland Requires
Maryland's evaluation timeline is 60 calendar days from written parental consent — consistent with the federal timeline (COMAR 13A.05.01.06A; 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 (COMAR 13A.05.01.05B; 34 CFR 300.304).
Evaluations must be conducted in the child's native language unless clearly not feasible (COMAR 13A.05.01.05; 34 CFR 300.304(c)(1)(ii)).
The evaluation must include parent input, teacher input, observations, and a review of existing data before determining whether new assessments are needed (34 CFR 300.305(a)).
For SLD, Maryland permits use of RTI/MTSS data as part of eligibility determination (COMAR 13A.05.01.06D).
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).
Key Timelines
Initial evaluation completed within 60 calendar days of written parental consent (COMAR 13A.05.01.06A; 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.05.01.06E; 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).