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.05.01.09(A)(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 and in nonacademic and extracurricular activities (COMAR 13A.05.01.09(A)(5)). The IEP team must document the justification for modifications based on the child's individualized needs and present levels of performance. For state assessments, students who receive extensive curriculum modifications and have the most significant cognitive disabilities may be determined by the IEP team to require the Alt-MCAP alternate assessment, with a written explanation of why the child cannot participate in the regular MCAP even with accommodations (COMAR 13A.05.01.09(A)(6)). Maryland no longer issues the Maryland High School Certificate of Completion as a separate diploma pathway; as of 2023, Maryland requires all students to earn the Maryland High School Diploma. Students with disabilities are eligible for FAPE through age 21 or until graduation with a Maryland High School Diploma (Md. Code Ann., Ed. § 8-403). The IEP team must consider the least restrictive environment (LRE) before implementing modifications that would remove a student from the general education curriculum or setting (COMAR 13A.05.01.10(A)). Maryland's LRE requirements under COMAR 13A.05.01.10 mandate that students with disabilities be educated with nondisabled peers to the maximum extent appropriate, and that removal from the general education environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
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 and nonacademic/extracurricular activities (COMAR 13A.05.01.09(A)(4), (A)(5); 34 CFR 300.320(a)(5)).
Modifications must be justified based on the child's individualized needs and present levels of performance, documented in the IEP (COMAR 13A.05.01.09(A)(4); 34 CFR 300.320(a)(4)).
Students with the most significant cognitive disabilities may take the Alt-MCAP alternate assessment if the IEP team determines they cannot participate in the MCAP even with accommodations (COMAR 13A.05.01.09(A)(6)).
The IEP team must consider the least restrictive environment before recommending modifications that would remove a student from the general education curriculum — removal only when supplementary aids and services cannot achieve satisfactory education in regular classes (COMAR 13A.05.01.10(A)).
For students approaching graduation, the IEP team must address diploma pathways and how modifications may affect attainment of the Maryland High School Diploma (Md. Code Ann., Ed. § 8-403).
FAPE eligibility continues through age 21 or until graduation with a Maryland High School Diploma (Md. Code Ann., Ed. § 8-403).
Modifications that change grade-level expectations must be documented so parents understand the impact on grade-level standards and diploma progress (COMAR 13A.05.01.09(A)(4); MSDE guidance).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (COMAR 13A.05.01.08(B); 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 (COMAR 13A.05.01.08(B)(1)).
For students approaching graduation, IEP teams must address diploma pathways well in advance of the expected graduation date (Md. Code Ann., Ed. § 8-403; COMAR 13A.05.01.09(A)(3)).
FAPE through age 21 or graduation with a Maryland High School Diploma (Md. Code Ann., Ed. § 8-403).