Maryland Special Education Requirements
What special education requirements does Maryland have beyond federal law?
Maryland has several special education requirements that go beyond or differ from the federal IDEA baseline. Key Maryland-specific provisions include: (1) Transition planning beginning at age 14 rather than the federal minimum of 16, requiring age-appropriate transition assessments, measurable postsecondary goals, and a course of study two years earlier than federal law (COMAR 13A.05.01.09(A)(3); Md. Code Ann., Ed. § 8-405(b)); (2) Maryland's 60-calendar-day evaluation timeline from written consent, explicitly codified in state regulation (COMAR 13A.05.01.06(A)) — consistent with federal law but providing clear state-level authority; (3) ESY eligibility must be considered at every annual IEP review as a standing agenda item, not just upon request (COMAR 13A.05.01.08(B)(2)); (4) Maryland uses 'Emotional Disability' rather than the federal 'Emotional Disturbance' as its state-specific disability category term (COMAR 13A.05.01.03(A)(4)); (5) Maryland is an all-party consent state for audio recording — all IEP meeting participants must consent before recording, a criminal offense under Md. Code Ann., Cts. & Jud. Proc. § 10-402; (6) Seclusion is prohibited in all public agencies as of July 1, 2022, and physical restraint is regulated under COMAR 13A.08.04 and Md. Code Ann., Ed. §§ 7-1101–7-1107, including a 24-hour notification requirement, written incident reports, and IEP team review within 10 business days of an unplanned incident; (7) IEP facilitation as a distinct pre-dispute resolution option at no cost to families, separate from mediation (COMAR 13A.05.01.15); (8) The Expanded School Mental Health (ESMH) program funding licensed behavioral health clinicians in all 24 LEAs (Md. Code Ann., Health-Gen. § 7.5-201 et seq.); (9) Maryland Medicaid School Programs allowing LEAs to bill Medicaid for eligible IEP services with parental consent (Md. Code Ann., Ed. § 8-418); (10) Parents must receive evaluation reports and draft IEP at least 5 business days before eligibility meetings (COMAR 13A.05.01.07(D)); (11) FAPE through age 21 (Md. Code Ann., Ed. § 8-403); (12) The Restorative Approaches in Schools Act encouraging alternatives to exclusionary discipline (Md. Code Ann., Ed. § 7-306.1); (13) Maryland's 120-day appeal period for due process hearing decisions (Md. Code Ann., Ed. § 8-413(j)), compared to the federal 90-day default; (14) Developmental Delay category extends through age 7 (or age 9 at LEA option) (COMAR 13A.05.01.03(B)).
What Maryland Requires
Transition planning begins at age 14 — two years earlier than the federal minimum of 16 (COMAR 13A.05.01.09(A)(3); Md. Code Ann., Ed. § 8-405(b)).
Maryland is an all-party consent state for recording IEP meetings — all participants must agree; recording without consent is a criminal offense (Md. Code Ann., Cts. & Jud. Proc. § 10-402).
ESY eligibility must be considered at every annual IEP review as a required standing agenda item (COMAR 13A.05.01.08(B)(2)).
Maryland uses 'Emotional Disability' instead of the federal 'Emotional Disturbance' (COMAR 13A.05.01.03(A)(4)).
Seclusion is prohibited in all public agencies (effective July 1, 2022); physical restraint regulated under COMAR 13A.08.04 with 24-hour parent notification, written incident reports, and IEP team review within 10 business days (Md. Code Ann., Ed. §§ 7-1101–7-1107).
IEP facilitation is a standalone pre-dispute option at no cost to families, separate from mediation (COMAR 13A.05.01.15).
Parents must receive evaluation reports and draft IEP at least 5 business days before eligibility meetings (COMAR 13A.05.01.07(D)).
Maryland's due process appeal period is 120 days (Md. Code Ann., Ed. § 8-413(j)), compared to the federal 90-day default.
Developmental Delay category extends through age 7 (or age 9 at LEA option) (COMAR 13A.05.01.03(B)).
Key Timelines
60 calendar days from written parental consent for evaluation completion (COMAR 13A.05.01.06(A)).
30 calendar days after eligibility for IEP development (COMAR 13A.05.01.08(A)).
Transition planning begins at age 14 (COMAR 13A.05.01.09(A)(3)).
24 hours: parent notification after restraint incident (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104).
5 business days before eligibility meeting: evaluation report and draft IEP to parents (COMAR 13A.05.01.07(D)).
120 days: appeal period for due process hearing decisions (Md. Code Ann., Ed. § 8-413(j)).
FAPE through age 21 (Md. Code Ann., Ed. § 8-403).
Sources
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