How do I get an IEP for my autistic child in Maryland?

Submit a written evaluation request to your child's school principal and special education director under IDEA. Maryland schools must complete the evaluation within 60 calendar days of your written consent.

What is the IEP evaluation timeline in Maryland?

Maryland follows the federal standard of 60 calendar days from written parental consent to completion of the evaluation. After evaluation, the IEP team meets for eligibility and, if the child qualifies, develops the IEP.

Can my autistic child get both an IEP and a 504 plan in Maryland?

No. A student cannot hold both simultaneously. An IEP under IDEA is more comprehensive. If your child qualifies for special education in Maryland, the IEP governs all services.

How do I file a special education complaint in Maryland?

File a written complaint with the Maryland State Department of Education's DEI/SES Complaint Office. Complaints must be filed within one year of the alleged violation and are resolved within 60 days. Mediation and due process hearings are also available through MSDE.

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Disclaimer: This guide is for educational purposes only and does not substitute for professional legal or educational advice.

Maryland's special education services are administered by the Maryland State Department of Education (MSDE) through its Division of Early Intervention and Special Education Services (DEI/SES). Maryland has relatively high rates of autism identification and has developed strong county-level special education programs — given that Maryland's county school districts are the primary local education agencies, the quality and availability of autism-specific programming can vary significantly from county to county.

Your Rights Under Federal Law

All autistic children in Maryland are protected by:

IDEA (Individuals with Disabilities Education Act): Entitles eligible children to a free appropriate public education (FAPE) in the least restrictive environment (LRE), including an IEP.
Section 504 of the Rehabilitation Act: Provides accommodations for students with disabilities that limit major life activities, even if they don't qualify for an IEP.

IEP vs. 504 Plan: Which Does My Child Need?

Maryland follows federal IDEA eligibility criteria, and autism is a recognized qualifying disability category. Maryland's DEI/SES provides county-level technical assistance and monitoring, and the state has been proactive in developing inclusive education guidance for autistic students.

Most autistic children qualify for an IEP because autism typically affects educational performance requiring specialized instruction. A 504 Plan is appropriate for autistic students who can access general education with accommodations only (extended time, sensory breaks, preferential seating).

How to Request an IEP Evaluation in Maryland

Write a letter to your child's school principal and special education director requesting a comprehensive educational evaluation under IDEA.
Maryland's Maryland State Department of Education requires schools to complete the evaluation within 60 calendar days of parental consent, following the federal standard.
If the school declines, they must provide written notice (Prior Written Notice) explaining why.

Sample request language:

"I am writing to request a comprehensive educational evaluation for my child, [name], under the Individuals with Disabilities Education Act (IDEA). I believe my child may have a disability that adversely affects their educational performance and requires special education services."

What to Expect at the IEP Meeting in Maryland

Maryland IEP teams must include: a regular education teacher, a special education teacher, a school district representative, a person who can interpret evaluation results, and the parents. The student may attend when appropriate.

The IEP must include:

Current levels of academic and functional performance
Annual measurable goals
Special education and related services (speech, OT, ABA if needed)
Least restrictive environment statement
Accommodations and modifications

Maryland-Specific Resources and Programs

Maryland State Department of Education DEI/SES: Provides parent guides, procedural safeguards, and IEP resources at the MSDE website.
Maryland Infants and Toddlers Program: Maryland's IDEA Part C early intervention program for children birth to age 3, coordinated through MSDE's DEI/SES.
The PARENT CENTER at Maryland Coalition for Inclusive Education (MCIE): Maryland's federally funded parent training and information center, offering free family advocacy and IEP support.
Disability Rights Maryland: Legal advocacy for Marylanders with disabilities, including special education rights.
MSDE DEI/SES Complaint Office: Handles state complaints regarding IDEA compliance in Maryland schools.

Filing a Complaint in Maryland

If Maryland schools are not following your child's IEP or 504 Plan, you have three options:

State complaint: File with the Maryland State Department of Education DEI/SES — must be resolved within 60 days.
Mediation: Voluntary, free process with a neutral mediator through MSDE.
Due process hearing: Formal legal proceeding before an Administrative Law Judge through the Maryland Office of Administrative Hearings.

Contact Maryland's MSDE DEI/SES Complaint Office for complaint procedures.

504 Plans in Maryland

Section 504 is administered by county school districts in Maryland. MSDE provides guidance to districts on 504 obligations, and many Maryland counties have robust 504 coordinator programs. Common 504 accommodations for autistic students include extended time, sensory breaks, preferential seating, noise-canceling headphones, and reduced homework loads.

Search providers offering school support services in Maryland →

IEP & 504 Plans in Maryland: A Parent's Complete Guide