How to Get an IEP in Maryland: The Complete Process Guide

Your child is struggling. The school has suggestions — maybe a reading group, maybe extra time in class — but nothing is legally binding, nothing is tracked, and nothing is changing. What you actually need is an Individualized Education Program, and getting one in Maryland requires navigating a specific sequence of legal steps under the Code of Maryland Regulations (COMAR). This guide walks you through every stage.

Over 111,000 students in Maryland — approximately 12.5% of all public school students — receive services through an IEP. But most parents who enter this process do so without understanding what the school is legally required to do versus what it's simply choosing to offer. That gap costs children months or years of appropriate support.

Step 1: Submit a Written Referral

The Maryland IEP process begins only when a referral is made in writing. Verbal conversations with teachers, school counselors, or even the principal do not start the legal clock.

A parent can request a special education evaluation at any time by sending a written request — email counts — to the school principal and IEP chairperson. The letter should identify the specific areas of concern: reading fluency, behavioral regulation, processing speed, whatever applies to your child. Citing COMAR 13A.05.01.04 in the letter signals that you understand your rights and forces the school to treat the request formally.

One critical warning: schools sometimes respond to a referral by routing your child to the Student Support Team (SST) process first. The SST is a general education problem-solving group, not a special education evaluation. While ongoing SST interventions can be helpful, they cannot legally delay or substitute for an IDEA evaluation once you have made a written request. If you have submitted a written referral, the 90-day evaluation timeline under COMAR begins regardless of what stage the SST process is in.

Step 2: The 90-Day Evaluation Window Begins

Once the school receives your written referral, a 90-calendar-day clock starts. Within that window, the school must:

• Review existing data about your child
• Convene the IEP team to determine whether formal assessments are needed
• Obtain your written, informed consent to conduct the evaluation

This 90-day period is not a waiting period — it's the outer boundary by which the school must have completed these steps. In practice, schools typically schedule an eligibility planning meeting within a few weeks of receiving the referral.

At that meeting, the team reviews records, existing test scores, teacher observations, and any private evaluations you bring. They then propose a set of assessments. If they believe no formal evaluation is necessary, they must issue you a Prior Written Notice (PWN) explaining why in writing.

Step 3: Evaluation — 60 Days from Your Consent

Once you sign consent for the evaluation, a second, stricter timeline begins: the school has exactly 60 calendar days to complete all assessments, convene the eligibility meeting, and determine whether your child qualifies for special education services.

A thorough evaluation in Maryland typically includes:

• Psychological assessment: cognitive processing, memory, executive function
• Academic achievement testing: reading, writing, mathematics
• Speech-language evaluation: if communication is a concern
• Occupational therapy assessment: for fine motor or sensory concerns
• Behavioral or functional assessments: if behavioral issues are present

You cannot be charged for any of these evaluations. If you disagree with the school's evaluation results, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school must either fund the IEE or file a due process complaint to defend its evaluation within 30 days of your request.

The 60-day rule has narrow exceptions: if your child transfers mid-evaluation from another LEA, if the parent repeatedly fails to produce the child for testing, or if both parties agree in writing to an extension. Outside these circumstances, missing the 60-day deadline is a procedural violation.

Step 4: Eligibility Determination

At the eligibility meeting, the multidisciplinary team reviews all the assessment data. To qualify for an IEP in Maryland, your child must meet a two-part test:

1. They must be identified as having one of the 13 federally recognized disability categories (Autism, Specific Learning Disability, Other Health Impairment, Speech or Language Impairment, Emotional Disability, and others)
2. That disability must cause them to require specially designed instruction to make progress in the general curriculum

If your child qualifies, the IEP must be developed within 30 days of the eligibility meeting. If they do not qualify, the school must issue a PWN explaining the decision, and you retain the right to dispute that determination.

Note that a private diagnosis — from a psychologist, pediatrician, or neurologist — does not automatically confer eligibility. The school conducts its own evaluation under its own standards. However, private evaluation data must be considered as part of the eligibility determination.

The Maryland IEP & 504 Blueprint at /us/maryland/iep-guide/ walks through how to interpret evaluation reports and prepare for eligibility meetings with the right questions.

Step 5: IEP Development

Once your child is found eligible, the IEP team — which must include you as a full, equal member — develops the document itself. A Maryland IEP under COMAR 13A.05.01.09 must include:

• Present Levels of Academic Achievement and Functional Performance (PLAAFP): A clear statement of where your child currently performs and how the disability affects their participation in general education
• Measurable Annual Goals: Specific, measurable targets for academic and functional progress
• Special Education and Related Services: The specific services, how often they will be provided, and when they begin and end
• Least Restrictive Environment justification: An explanation of why, if applicable, the child will not be in the general education setting for any portion of the day
• Testing accommodations: Tied specifically to your child's documented needs
• Progress reporting method: How and how often you will be informed of your child's progress

Maryland's Education Article § 8-405 requires the school to provide you with all draft documents — including the draft IEP, assessment reports, and data — at least five business days before the meeting. If you don't receive these documents in advance, you have the right to postpone the meeting.

Step 6: Implementation and Annual Review

Once signed, the IEP becomes legally binding. Services must begin within the timeframes specified in the document. The school is legally obligated to implement the IEP as written — not approximately, not when staffing allows, but as written.

You have the right to call an IEP team meeting at any time if you believe the document needs revision. You do not have to wait for the annual review.

The annual review must be completed at least once every 12 months. At that meeting, the team assesses progress toward goals, updates the PLAAFP, and revises services if needed. At least every three years, the school must conduct a full reevaluation (unless you and the school both agree it's unnecessary) to confirm your child still meets eligibility criteria.

If you disagree with anything in the IEP — goals, services, placement — you should not simply sign the document. You can sign to indicate you attended the meeting while noting your disagreement in writing. Your dissent should be formally documented in the Prior Written Notice.

What to Do If the Process Stalls

The most common point where the Maryland IEP process breaks down is at the referral stage, where schools attempt to indefinitely loop families through the SST process. The second most common breakdown is evaluation timeline violations — especially in large districts like Prince George's County, which operated under a corrective action plan in 2023–2024 after 131 state complaints related directly to special education noncompliance.

If your school misses a deadline or refuses to initiate an evaluation after a written request, your options in Maryland are:

1. File a State Complaint with MSDE — used when there is a specific procedural violation with a clear timeline
2. Request Mediation — a facilitated negotiation with a neutral third party
3. File a Due Process Complaint — a formal legal proceeding before an administrative law judge

Understanding every stage of the Maryland IEP process — and the timelines attached to each — is the foundation of effective advocacy. The Maryland IEP & 504 Blueprint is designed specifically to give Maryland parents the tactical knowledge to move through each of these stages with confidence.

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