IEP Related Services in Maryland

What related services can be included in an IEP in Maryland?

In Maryland, related services are developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Maryland's definition under COMAR 13A.05.01.02 and 34 CFR 300.34 includes speech-language pathology, audiology, psychological services, physical therapy, occupational therapy, counseling services (including rehabilitation counseling), social work services, school health and nursing services, parent counseling and training, transportation, recreation (including therapeutic recreation), assistive technology services, orientation and mobility services, and interpreting services. The IEP must specify each related service with its frequency (how often per week/month), duration (length of each session), location (general education classroom, therapy room, etc.), and projected start date (COMAR 13A.05.01.09(A)(7)). Maryland follows federal IDEA standards for related services eligibility; the test is whether the service is required for the child to benefit from special education (Burlington School Committee v. Dept. of Education, 1985). Assistive technology devices and services must be made available if required by the IEP, including for use in the home when the IEP team determines it is necessary for FAPE (34 CFR 300.105). Maryland LEAs (24 county boards of education) may contract with outside agencies or private practitioners to provide related services if they cannot provide them directly, but the LEA remains responsible for ensuring delivery at no cost to the family and for monitoring the quality of contracted services (COMAR 13A.05.01.02; 34 CFR 300.103). Maryland's Medicaid School Programs (MSP) initiative allows LEAs to bill Maryland Medicaid for eligible related services delivered to Medicaid-eligible students through the IEP, provided parental consent is obtained; this does not relieve the LEA of its FAPE obligation and cannot delay or deny services (Md. Code Ann., Ed. § 8-418). Each related service must address identified needs documented in the child's present levels and must support attainment of IEP goals. Maryland MSDE monitors LEA compliance with related service delivery timelines through the state's Results Driven Accountability (RDA) system.

What Maryland Requires

The IEP must specify each related service with its frequency, duration, location, and projected start date (COMAR 13A.05.01.09(A)(7); 34 CFR 300.320(a)(7)).

Related services include speech-language, audiology, OT, PT, counseling, psychological services, social work, nursing, parent counseling, transportation, recreation, assistive technology, orientation and mobility, and interpreting services (34 CFR 300.34; COMAR 13A.05.01.02).

If the LEA cannot provide a related service directly, it may contract with external agencies or private practitioners at no cost to the family; the LEA remains responsible for quality and delivery (COMAR 13A.05.01.02; 34 CFR 300.103).

Assistive technology devices and services must be available as needed and may be required for use at home when necessary for FAPE (34 CFR 300.105; COMAR 13A.05.01.09(A)(4)).

Maryland Medicaid School Programs allow LEAs to bill Medicaid for eligible related services with parental consent, but this does not reduce the LEA's FAPE obligation or delay services (Md. Code Ann., Ed. § 8-418).

Each related service must address identified needs documented in the child's present levels and must support attainment of IEP goals (COMAR 13A.05.01.09(A); 34 CFR 300.320(a)(4)).

MSDE monitors LEA compliance with related service delivery through the state's Results Driven Accountability (RDA) system (Md. Code Ann., Ed. § 8-403(b)).

Key Timelines

Related services must begin on the projected start date documented in the IEP and be in effect at the beginning of each school year (COMAR 13A.05.01.09(A)(7); 34 CFR 300.323(a)).

Related services must be reviewed at least annually as part of the IEP review (COMAR 13A.05.01.08(B)).

For transfer students from within Maryland, the receiving LEA must provide comparable services immediately and develop a new IEP within 30 days (COMAR 13A.05.01.09(E)).

For transfer students from out of state, the receiving LEA must provide comparable services and conduct evaluations if needed to develop a new IEP (34 CFR 300.323(e)).

Sources

Related IEP Guides

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