Maryland IEP Timeline: Every Deadline Parents Need to Know

Missing a deadline in the Maryland IEP process is not a minor inconvenience — it's a procedural violation that can result in MSDE ordering compensatory education services from the school district. The problem is that the timelines are spread across multiple sections of COMAR and Maryland Education Article, and no single government document lays them out in plain sequence for parents.

This guide does that. Every deadline, in order, with what triggers each one.

The Two Core Evaluation Timelines Under COMAR

Maryland operates under a nested timeline structure that many parents misunderstand. There are not one but two overlapping deadlines once a referral is made.

The 90-Calendar-Day Outer Window

The moment your school receives a written referral — either from you as a parent or from a school staff member — a 90-calendar-day clock begins. Within this window, the school must:

1. Convene an IEP team meeting to review existing data
2. Determine whether a formal evaluation is warranted
3. Obtain your signed, informed written consent to conduct assessments

This does not mean the evaluation itself must be complete in 90 days. It means that by day 90, the school must have gotten your consent and be underway. If the school believes no evaluation is needed, it must issue a Prior Written Notice explaining the refusal — which you can then dispute.

The 60-Calendar-Day Inner Window

Once you sign consent for the evaluation, a second, stricter deadline kicks in: the school has exactly 60 calendar days to:

1. Complete all assessments across every domain being evaluated
2. Convene the eligibility meeting
3. Issue a written eligibility determination

These 60 days are calendar days, not school days. Summer breaks, school vacations, and holidays all count. The only legal exceptions are if the parent repeatedly fails to produce the child for testing, if the student transfers LEAs mid-evaluation, or if both parties agree in writing to an extension for documented extenuating circumstances.

Prince George's County Public Schools received a state-approved corrective action plan in the 2023–2024 school year in part because of chronic failures to meet evaluation timelines — a direct consequence of having over 240 special education teacher vacancies at one point. Knowing this timeline gives you the ability to hold your district accountable.

Timeline: From Referral to First IEP

Here is the complete sequence, with the binding deadline at each stage:

The Five-Day Document Rule: A Pre-Meeting Deadline

Before each IEP meeting — including eligibility meetings — Maryland Education Article § 8-405 requires the school to give you copies of all documents that will be discussed at least five business days in advance. Business days exclude weekends and holidays.

This means if your meeting is on a Tuesday, you must have received the draft IEP, evaluation reports, and all data by the previous Tuesday.

If the school fails to provide documents in advance, you have the right to postpone the meeting. Do not let the school pressure you to proceed with an IEP meeting when you've received a 100-page psychological evaluation the night before.

Annual Review Timeline

Once an IEP is in place, the school must review it at least once per year — and not more than 12 months from the date of the previous IEP. The annual review must:

• Assess progress toward all current annual goals
• Update the Present Levels of Academic Achievement and Functional Performance
• Revise services, supports, and accommodations as needed
• Address any new areas of concern you raise

You do not have to wait for the annual review to request changes. If your child's needs change or if services are not being implemented as written, you can request an IEP team meeting at any time.

Three-Year Reevaluation (Triennial) Timeline

Every three years, the school must conduct a full reevaluation to confirm your child still qualifies for special education services. COMAR requires this unless both you and the school agree in writing that a new evaluation is unnecessary.

The three-year clock runs from the date of the initial eligibility determination, not from the date of the first IEP meeting. The reevaluation follows the same 60-day timeline as the initial evaluation once consent is signed.

You can also request a reevaluation before the three-year mark if you believe your child's needs have changed significantly — for example, after a new medical diagnosis, after a behavioral crisis, or if the current evaluation data is clearly outdated and no longer reflects your child's functioning.

Transition Planning Timeline: Age 14

Most states begin transition planning at age 16, as required by IDEA. Maryland accelerates this. Under COMAR 13A.05.01.09, formal secondary transition planning must be incorporated into the IEP no later than the first IEP in effect when the student turns 14 years old.

Transition planning includes age-appropriate assessments about post-secondary goals (employment, education, independent living) and a coordinated set of activities tied to those goals. If your child is approaching age 14 and this has not been addressed in their IEP, raise it at the next meeting.

What Happens When Deadlines Are Missed

COMAR violations are enforceable. If your school misses the 60-day evaluation deadline, fails to provide documents five business days before a meeting, or does not develop the IEP within 30 days of an eligibility determination, you have concrete legal remedies:

• State Complaint to MSDE: The Maryland State Department of Education investigates procedural violations. If they find a violation, they can order compensatory education — additional services to make up for what was denied.
• Due Process Complaint: A formal legal proceeding before an administrative law judge where you can request immediate remedies.
• Mediation: A facilitated negotiation that can resolve procedural disputes without formal litigation.

Tracking deadlines is one of the most practical things you can do as a Maryland special education parent. The Maryland IEP & 504 Blueprint includes a timeline tracker so you always know exactly where you stand in the process and what the school's next legal obligation is.

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