Filing a State Complaint in Maryland
How do you file a state complaint about an IEP violation in Maryland?
Maryland provides a state complaint investigation process through the Maryland State Department of Education (MSDE) Office of Special Education Programs under COMAR 13A.05.01.15A. Any organization or individual may file a signed written complaint alleging that an LEA or other public agency has violated a requirement of Part B of IDEA or of Maryland's special education regulations. The complaint must allege a violation that occurred not more than one year prior to the date the complaint is received by MSDE. The complaint must include: the student's name, address, and school; a description of the problem including the specific facts; and the proposed resolution. MSDE must investigate complaints and issue a written final decision within 60 calendar days of receiving the complaint, unless exceptional circumstances exist or the parties agree to mediation (COMAR 13A.05.01.15A; 34 CFR 300.515). If the complaint involves a due process hearing request on the same issues, MSDE may either delay its complaint investigation pending the hearing decision, or proceed with only the issues not raised in the hearing. If noncompliance is found, the LEA must submit and implement a corrective action plan. Complaints should be submitted to the MSDE Office of Special Education Programs. The state complaint process is part of the comprehensive dispute resolution procedures in COMAR 13A.05.01.15 (which also covers mediation and due process). Maryland also offers facilitated IEP meetings as an early resolution option.
What Maryland Requires
Any organization or individual may file a state complaint with MSDE alleging violations of IDEA or Maryland special education regulations (COMAR 13A.05.01.15A; 34 CFR 300.153).
The complaint must be in writing, signed, and allege a violation that occurred within one year of filing (COMAR 13A.05.01.15A; 34 CFR 300.153(c)).
The complaint must include the student's name, school, a description of the problem with specific facts, and the proposed resolution (COMAR 13A.05.01.15A).
A copy must be served simultaneously on the LEA against which the complaint is filed (34 CFR 300.153(d)).
If noncompliance is found, the LEA must develop and implement a corrective action plan with timelines (COMAR 13A.05.01.15A; 34 CFR 300.151(b)).
Key Timelines
MSDE must complete the investigation and issue a final decision within 60 calendar days of receipt (COMAR 13A.05.01.15A; 34 CFR 300.515(a)).
The complaint must allege a violation that occurred within one year of the filing date (COMAR 13A.05.01.15A; 34 CFR 300.153(c)).
The 60-day timeline may be extended only for exceptional circumstances or if parties agree to mediation (34 CFR 300.515(b)).
Corrective action must be completed within the timeframe specified in the final decision.