Required IEP Sections in Maryland
What sections are required in an IEP in Maryland?
Maryland IEPs must contain all components required by federal law (34 CFR 300.320) plus additional elements mandated by COMAR 13A.05.01.09. Under COMAR 13A.05.01.09A, every IEP must include: (1) a statement of the child's present levels of academic achievement and functional performance; (2) measurable annual goals, including academic and functional goals; (3) a description of how progress toward annual goals will be measured and when periodic reports will be provided; (4) a statement of special education, related services, and supplementary aids and services; (5) an explanation of the extent to which the child will not participate with nondisabled children; (6) a statement of any individual appropriate accommodations for statewide and districtwide assessments; (7) the projected start date, frequency, location, and anticipated duration of services; (8) age-appropriate transition services beginning at age 14 (younger than the federal minimum of 16). Maryland goes beyond the federal baseline by requiring transition planning starting at age 14 rather than 16. The Maryland State Department of Education (MSDE) has developed standardized IEP forms and guidance documents that LEAs must use or demonstrate equivalency. IEPs are developed by the IEP Team, which is equivalent to the federal IEP team structure under 34 CFR 300.321. Maryland requires the IEP to address Extended School Year (ESY) eligibility as a standing agenda item at every annual review (COMAR 13A.05.01.08B).
What Maryland Requires
The IEP must include present levels of academic achievement and functional performance describing how the disability affects involvement in the general education curriculum (COMAR 13A.05.01.09A(1); 34 CFR 300.320(a)(1)).
Measurable annual goals, both academic and functional, must be included to enable the child to be involved in and make progress in the general education curriculum (COMAR 13A.05.01.09A(2); 34 CFR 300.320(a)(2)).
The IEP must specify all special education, related services, supplementary aids and services, and program modifications, including frequency, location, duration, and projected start date (COMAR 13A.05.01.09A(4), (7); 34 CFR 300.320(a)(4)).
A statement of any individual appropriate accommodations necessary for statewide and districtwide assessments must be included, or an explanation of why an alternate assessment is selected (COMAR 13A.05.01.09A(6); 34 CFR 300.320(a)(6)).
Beginning at age 14, the IEP must include transition planning components — earlier than the federal minimum age of 16 (COMAR 13A.05.01.09A(3); Md. Code Ann., Ed. § 8-405).
Extended School Year (ESY) eligibility must be considered at every annual IEP review (COMAR 13A.05.01.08B).
A copy of the IEP must be provided to parents at or before the initiation of services (COMAR 13A.05.01.09; 34 CFR 300.322(f)).
Key Timelines
An IEP must be developed within 30 calendar days of a determination that a child is eligible for special education (COMAR 13A.05.01.08A).
The IEP must be in effect at the beginning of each school year for every child with a disability (34 CFR 300.323(a)).
The IEP must be reviewed and revised at least annually (COMAR 13A.05.01.08B; 34 CFR 300.324(b)).
For transfer students from within Maryland, the receiving LEA must provide comparable services and develop a new IEP within 30 days (COMAR 13A.05.01.09E).