IEP Modifications in Maryland: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Maryland IEP?
In Maryland, modifications are changes to the curriculum, instruction, or assessments that alter the content, expectations, or performance standards for a student with a disability. Unlike accommodations, which maintain the same learning standards while providing access supports, modifications change what the student is expected to learn or demonstrate. Under COMAR 13A.05.01.09A(4), the IEP must include a statement of program modifications and supports for school personnel. When modifications are used, the IEP must also explain the extent to which the child will not participate with nondisabled children in the regular class (COMAR 13A.05.01.09A(5)). The IEP team must document the justification for modifications based on the child's individualized needs. For state assessments, students who receive extensive curriculum modifications may be determined by the IEP team to require the MISA alternate assessment, with written explanation of why the child cannot participate in the regular MCAP even with accommodations (COMAR 13A.05.01.09A(6)). Maryland requires LEAs to consider the least restrictive environment before implementing modifications that would remove a student from the general curriculum (COMAR 13A.05.01.10). Modifications that affect a student's diploma pathway must be disclosed to parents. Students with disabilities in Maryland are eligible for FAPE through age 21 or until graduation with a standard diploma (Md. Code Ann., Ed. § 8-403).
What Maryland Requires
The IEP must document all program modifications and the extent to which the child will not participate with nondisabled peers in the general education setting (COMAR 13A.05.01.09A(4), (5); 34 CFR 300.320(a)(5)).
Modifications must be justified based on the child's individualized needs and documented in the IEP (COMAR 13A.05.01.09A(4); 34 CFR 300.320(a)(4)).
Students with the most significant cognitive disabilities may take the MISA alternate assessment if the IEP team determines they cannot participate in the MCAP (COMAR 13A.05.01.09A(6)).
The IEP team must consider the least restrictive environment before recommending modifications that would remove a student from the general education curriculum (COMAR 13A.05.01.10).
For students approaching graduation, the IEP team must address diploma pathways and how modifications may affect diploma attainment (Md. Code Ann., Ed. § 8-403).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (COMAR 13A.05.01.08B; 34 CFR 300.324(b)).
The IEP team must consider annually whether modifications remain appropriate and whether the student can return to the general curriculum with accommodations only.
For students approaching graduation, IEP teams should address diploma pathways well in advance of the expected graduation date.