How to Request a Special Education Evaluation in Maryland

Your child is struggling. You've had the teacher conferences, tried the interventions, and watched your child fall further behind. You're wondering if they need an IEP. The next step is simpler and more powerful than most parents realize: submit a written evaluation request. That single letter starts a strict legal clock that Maryland school districts cannot ignore.

Here's exactly how to do it right.

Why the Request Must Be in Writing

Maryland has one of the tightest evaluation timelines in the country, but that clock only starts when it is properly triggered. Under COMAR 13A.05.01.04 and .06, the district must complete an initial evaluation and convene an eligibility meeting within 60 calendar days of receiving parental consent for assessment, or within 90 calendar days of the initial written referral — whichever date is shorter.

The key word is "written." A verbal request to a teacher in the hallway does not start the clock. An email does. A formal letter does. A written note hand-delivered to the principal's office does.

This is not a technicality to be exploited — it is a protection. Maryland specifically chose a 90-day outer limit measured from the written referral to prevent districts from delaying the consent form itself, which was a documented tactic used under federal law alone (which only starts the clock at consent, not referral).

The moment you submit a written evaluation request, you are in the system. Document that submission with a timestamped email, a fax confirmation, or a hand-delivered letter with a signed receipt.

Who to Send It To

Send the request to multiple people simultaneously to eliminate any ambiguity about receipt:

• The school principal
• The local special education coordinator (each Maryland county has one — check your district's website)
• Your child's current teacher (as a courtesy copy)

Sending it to the principal alone is sufficient legally, but sending it to the special education coordinator ensures it reaches the person responsible for initiating the evaluation process.

What the Letter Must Include

Your evaluation request letter does not need to be a legal brief. It needs to be clear, specific, and in writing. Include:

1. Your child's full name, date of birth, current grade, and school.

2. A clear statement requesting an evaluation. Use direct language: "I am requesting a comprehensive evaluation for special education eligibility under IDEA and COMAR."

3. A description of your concerns. Be specific. "She struggles with reading" is weaker than "She is in third grade and is reading at a kindergarten level according to her last report card. She cannot decode unfamiliar words and avoids reading aloud." The more specific you are, the harder it is for the district to claim your concerns are vague.

4. Reference any relevant diagnoses or outside assessments. If your child has been privately diagnosed with ADHD, dyslexia, autism, or another condition, mention it. Attach documentation if you have it. This is not required, but it strengthens the referral and shapes what the evaluation addresses.

5. Request a comprehensive evaluation. Under COMAR, evaluations must use "a variety of assessment tools and strategies" — no single test can be the sole basis for an eligibility determination. Explicitly requesting a comprehensive evaluation signals that you know the standard.

6. The date. Keep a copy for your records.

A sample opening paragraph: "I am writing to formally request a comprehensive evaluation of my child, [name], currently enrolled in [grade] at [school], for eligibility for special education services under the Individuals with Disabilities Education Act (IDEA) and the Code of Maryland Regulations (COMAR) Title 13A. I have concerns about [describe specific academic, behavioral, or developmental concerns]."

The Parents' Place of Maryland (PPMD) provides template letters you can adapt. Disability Rights Maryland also offers sample evaluation request letters in their Special Education Rights Handbook.

What Happens After You Submit

Within a reasonable timeframe after receiving your written request, the district must provide you with a Prior Written Notice (PWN) stating whether they agree to evaluate or whether they are refusing. If they agree, they must also provide you with Parental Consent forms.

If they refuse to evaluate, the PWN must explain why. Districts rarely refuse written evaluation requests outright, because refusing creates immediate legal exposure — a parent who has been denied an evaluation in writing has a clean MSDE State Complaint claim.

Once you sign the consent forms, the 60-day clock from consent begins running simultaneously with the 90-day clock from your original referral.

The 60/90-Day Rule in Practice

Maryland's "60/90" framework is uniquely protective. Here's what it means in practice:

• If you submit a written referral on Day 1 and the school delays providing consent forms until Day 60, they still must complete the evaluation and eligibility meeting within 90 days of Day 1 — which now means within 30 more days. The delay in providing consent forms does not extend the outer limit.
• If you submit a written referral and the school provides consent forms quickly, and you sign them, the 60-day clock from consent may expire before the 90-day outer limit. In that case, the 60-day deadline controls.

The shorter of the two dates governs. This is what distinguishes Maryland from purely federal timelines, where savvy districts could delay consent indefinitely.

What the Evaluation Must Cover

A Maryland special education evaluation must be individualized to the specific concerns and suspected areas of disability. A student suspected of having a Specific Learning Disability must have an evaluation that includes a direct observation of the child's academic performance in the regular classroom — this is a COMAR requirement, not just a federal one.

The evaluation should address:

• Cognitive/intellectual functioning
• Academic achievement in relevant areas
• Social-emotional functioning and behavior (if relevant)
• Communication and language (if relevant)
• Any other areas tied to the suspected disability

You can request that specific areas be evaluated if you believe the school's proposed evaluation is too narrow. Put your requests in writing.

If the School Refuses to Evaluate

A written refusal to evaluate is a clear procedural violation that can be challenged through an MSDE State Complaint. File the complaint within one year of the refusal. MSDE investigators will review whether Child Find obligations were met and whether the refusal was procedurally justified.

In practice, most districts — especially under MSDE monitoring — respond to formal written requests by offering evaluations. The act of submitting a written request is often enough to move a stalled situation forward.

Once eligibility is determined and an IEP is developed, understanding the annual review cycle, evaluation timelines, and Maryland's Five-Day document rule becomes your next focus. The Maryland IEP & 504 Advocacy Playbook covers the full evaluation-through-IEP process with COMAR-grounded procedures and ready-to-use letter templates.

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