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) Division of Special Education/Early Intervention Services under COMAR 13A.05.01.15(A). Any organization or individual may file a signed written complaint alleging that a local education agency (LEA) or other public agency has violated a requirement of Part B of IDEA or of Maryland's special education regulations (COMAR 13A.05.01). The complaint must allege a violation that occurred not more than one year prior to the date the complaint is received by MSDE (COMAR 13A.05.01.15(A); 34 CFR 300.153(c)). The complaint must include: (1) the student's name, address, and school; (2) the name of the public agency against which the complaint is filed; (3) a description of the nature of the problem including the specific facts on which the allegation is based; and (4) the proposed resolution of the problem. A copy of the complaint must be forwarded simultaneously to the LEA (34 CFR 300.153(d)). MSDE must investigate complaints and issue a written final decision within 60 calendar days of receiving the complaint (COMAR 13A.05.01.15(A); 34 CFR 300.152(a)), unless exceptional circumstances exist warranting an extension (with written notice) or the parties agree to extend the timeline for mediation or other alternative dispute resolution. The MSDE investigation must include an independent on-site investigation if determined necessary, a review of relevant records and documents, and an opportunity for the complainant and the public agency to present additional information. If the complaint involves issues that are also the subject of a pending due process hearing, MSDE must set aside those overlapping issues for resolution in the hearing. If noncompliance is found, MSDE must issue a corrective action plan specifying required remedies, including compensatory services if appropriate, and timelines for implementation. The LEA must submit evidence of compliance. Maryland also offers IEP facilitation as a voluntary, early dispute resolution option — a trained neutral facilitator assists the IEP team in reaching agreement, at no cost to the family — separate from the formal mediation process (COMAR 13A.05.01.15). Complaints are filed with the MSDE Division of Special Education/Early Intervention Services.
What Maryland Requires
Any organization or individual may file a state complaint with MSDE alleging violations of IDEA Part B or Maryland special education regulations (COMAR 13A.05.01.15(A); 34 CFR 300.153).
The complaint must be in writing, signed, and allege a violation that occurred within one year of filing (COMAR 13A.05.01.15(A); 34 CFR 300.153(c)).
The complaint must include the student's name, school, the public agency, a description of the problem with specific facts, and the proposed resolution (COMAR 13A.05.01.15(A); 34 CFR 300.153(b)).
A copy must be served simultaneously on the LEA against which the complaint is filed (34 CFR 300.153(d)).
The MSDE investigation must include an independent review, opportunity for both parties to present information, and on-site investigation if necessary (34 CFR 300.152(a); COMAR 13A.05.01.15(A)).
If noncompliance is found, MSDE must issue a corrective action plan with required remedies (including compensatory services if appropriate) and implementation timelines (COMAR 13A.05.01.15(A); 34 CFR 300.151(b)).
Maryland offers IEP facilitation as a voluntary pre-dispute resolution option at no cost to families, separate from formal mediation (COMAR 13A.05.01.15).
Key Timelines
MSDE must complete the investigation and issue a final decision within 60 calendar days of receipt (COMAR 13A.05.01.15(A); 34 CFR 300.152(a)).
The complaint must allege a violation that occurred within one year of the filing date (COMAR 13A.05.01.15(A); 34 CFR 300.153(c)).
The 60-day timeline may be extended only for exceptional circumstances (with written notice) or if parties agree to mediation/ADR (34 CFR 300.152(b)).
Corrective action must be completed within the timeframe specified in the final decision, with evidence of compliance submitted to MSDE (COMAR 13A.05.01.15(A)).
Sources
Related IEP Guides
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