Maryland Special Education Evaluation Timeline: The 60/90-Day Rule Explained

Maryland's evaluation timeline is one of the most protective in the country — tighter than what federal IDEA requires, with a dual-deadline framework that eliminates a loophole federal law leaves open. If your child's evaluation is delayed, knowing exactly where the school is in the timeline, and what you can do about it, puts you in a much stronger position.

The 60/90 Dual-Timeline Framework

Under IDEA alone, evaluations must be completed within 60 days of receiving parental consent. The problem: federal law doesn't regulate when the school must actually provide the consent form. Historically, some districts would receive a referral, delay mailing out consent paperwork for weeks or months, and argue the 60-day clock hadn't even started yet.

Maryland closed this loophole. Under COMAR 13A.05.01.04 and .06, the law imposes two deadlines simultaneously:

1. 60 calendar days from parental consent for the evaluation
2. 90 calendar days from the initial written referral — regardless of when consent was provided

The school must meet whichever deadline comes first. If a district takes 45 days to send you a consent form and you sign it immediately, they have just 45 days left to complete the evaluation — not another 60.

This means the practical effect of Maryland's rule is that even if a school drags its feet on providing consent paperwork, the outer limit of 90 days from your written referral still governs.

Triggering the Clock: The Written Referral

The 90-day clock starts on the date of the initial written referral — not the date of a verbal request, not the date of a parent-teacher conference, and not the date the school decides to schedule a meeting about it.

A referral can come from:

• A parent (the most common source for initial evaluations)
• A teacher
• Another school professional
• A court or state agency

The moment a written referral is in the school's hands, the clock is running. Keep a copy of everything you submit and document when it was received — email timestamps, fax confirmations, or signed receipt if delivered in person.

School-Initiated Referrals and Child Find

Maryland's Child Find obligation means schools must actively identify students who may have a disability and need special education. If a teacher or school staff member suspects a student needs evaluation, they can initiate a referral through the school's own procedures (often called Student Support Team, IEP Support Team, or similar names depending on the district).

When the school initiates a referral, the 90-day clock begins running from the date that written referral is documented — which is why parents should request a copy of any referral documentation the school prepares. You want to know when Day 1 started.

Triennial Evaluations: What Maryland Requires

Maryland students with IEPs are entitled to a comprehensive reevaluation at least every three years — called a triennial reevaluation. The purpose is to determine whether the student continues to have a disability, remains eligible for special education, and what their current educational needs are.

The same timeline rules apply to triennials: the district must complete the reevaluation and hold an eligibility/IEP meeting within the required timeframes from the date reevaluation consent is provided.

For triennials, the district may propose an "evaluation review" — reviewing existing data and assessments rather than conducting new testing — if the team determines new testing is unnecessary. As a parent, you have the right to request that additional testing be conducted as part of the triennial. If you believe your child's needs have changed significantly, or that existing evaluations are outdated or incomplete, submit a written request specifying what additional assessments you want before consenting to a review-only approach.

Requesting additional testing at the triennial is strategic. If your child is now four years older than when the last cognitive assessment was done, and you believe the prior results underestimated their abilities or needs, a new evaluation may produce dramatically different findings. The triennial is your scheduled opportunity to refresh the evaluative record.

What the Evaluation Must Include

Maryland's evaluation requirements align with IDEA but add state-specific standards. Under COMAR 13A.05.01.05, evaluations must:

• Use a variety of assessment tools and strategies — no single test, criterion, or procedure can be the sole basis for eligibility
• Be administered by trained evaluators in the child's native language where practicable
• Be sufficiently comprehensive to identify all suspected areas of disability

For Specific Learning Disability (SLD) eligibility specifically, COMAR requires that at least one IEP team member conduct a direct observation of the student in the general education classroom. This is a state-level requirement on top of federal law. If an SLD eligibility meeting is held and no classroom observation was conducted, that is a procedural violation.

What to Do When the Timeline Is Missed

If the district is approaching or past the 60 or 90-day deadline and has not completed the evaluation or held an eligibility meeting, take action in writing immediately.

Step 1: Send a written notice. Address it to the special education coordinator and principal. State the date of the original referral, the date of consent (if applicable), and calculate the deadline. State that the deadline has passed or is imminent. Ask for an explanation in writing.

Example language: "I am writing to note that [child's name]'s initial written referral for special education evaluation was submitted on [date]. Under COMAR 13A.05.01, the evaluation and eligibility meeting must be completed within 90 calendar days of that referral. That deadline is [date]. To date, [describe what has not occurred]. Please provide written confirmation of when the evaluation will be completed and the eligibility meeting will be held."

Step 2: Document the response (or non-response). Whether the school responds with an explanation, a new schedule, or silence, document it all.

Step 3: File an MSDE State Complaint if the deadline is missed. A missed 60/90-day evaluation deadline is a clear, documentable COMAR violation. MSDE's Family Support and Dispute Resolution Branch investigates State Complaints within 60 days and can mandate compensatory services if the delay resulted in loss of educational opportunity. You do not need an attorney to file.

Common Delay Tactics to Know

Maryland parents have reported several informal delay patterns in various districts:

• "We'll discuss it at the next student support team meeting" loops — escalating the referral through multiple internal review layers that consume weeks without a formal clock-starting referral
• Claiming the referral was never received — this is why email and receipt documentation is essential
• Scheduling the eligibility meeting beyond the deadline — especially in large districts like PGCPS and Baltimore City that are already under MSDE monitoring for compliance failures

Knowing the timeline puts you in a position to call these delays out specifically and in writing — which is often all it takes to move a stalled evaluation forward.

For a full template evaluation request letter, step-by-step instructions for filing a timeline-violation complaint with MSDE, and COMAR citation references for every deadline, the Maryland IEP & 504 Advocacy Playbook consolidates these tools into one actionable resource.

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