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Special Education Resources

Both federal law and Maryland state law require school systems in Maryland to provide individually designed educational plans for all children with disabilities from kindergarten through high school.

Special education is uniquely designed educational instruction provided to children with disabilities, at no cost to parents. Both federal and Maryland state laws provide children with disabilities and their parents with important rights. 

 

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Federal Laws

Individuals with Disabilities Education Act (IDEA)

The Individuals With Disabilities Education Act (IDEA), along with related regulations, are the main source of federal law related to special education. IDEA ensures that students with disabilities have access to a free appropriate public education (FAPE) in the least restrictive environment (LRE).

Key Provisions:

  • Identification of Students with Disabilities: Schools are required to identify, locate, and evaluate all children with disabilities who may need special education services.
  • Individualized Education Program (IEP): Every student eligible for special education services must have an IEP. An IEP is a document that describes the student's learning needs, the services the school will provide, and how progress will be measured. Development of the IEP may take multiple meetings, or the document can be developed at the same meeting where your child is identified as eligible for special education services. If you have concerns about your child's education or IEP, you have the right to ask for an IEP team meeting at any time. 
  • Due Process Rights: Parents have the right to be involved in all aspects of their child's education and can challenge decisions through due process hearings.

Read the Law: 20 United States Code §§ 1400-1482
Read the Regulations: 34 Code of Federal Regulations Part 300

 

Section 504 of the Rehabilitation Act of 1973

Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding, including education. Section 504 typically applies to all public and many private schools. Section 504 requires schools to make a "reasonable accommodation" for students with disabilities to allow them to participate in school and school-related activities. Section 504 Plans can be created to help students with disabilities get accommodations that are not covered by their IEPs.

Key Provisions:

  • 504 Plan: A 504 Plan is a formal plan that outlines how a school will remove barriers so a student with a disability can learn alongside peers in general education. Unlike and IEP, a 504 Plan does not include specially designed instruction. 
    • NOTE: Students with disabilities who do not qualify for services under IDEA may still receive accommodations through a 504 Plan. For example, a student who has diabetes may have a Section 504 Plan that includes a schedule for getting medication. 
  • Non-Discrimination: Schools must provide accommodations and modifications to ensure that students with disabilities have equal opportunities to participate in academic and extracurricular activities. For example, A student who uses a wheelchair may have a Section 504 Plan that provides for special transportation during field trips.

Read the Law: 29 United States Code § 794
Read the Regulations: 34 Code of Federal Regulations Part 104

 

Americans with Disabilities Act (ADA)

The ADA is a civil rights law that prohibits discrimination based on disability in all areas of public life, including schools.

Key Provisions:

  • Accessibility: Schools must ensure that their facilities are accessible to students with disabilities.
  • Reasonable Accommodations: Schools must provide necessary accommodations to ensure that students with disabilities can access the same educational opportunities as their non-disabled peers.

Read the Law: 42 United States Code §§ 12101-12213
Read the Regulations: 28 Code of Federal Regulations Part 35 (Title II for public entities, including schools) and 28 Code of Federal Regulations Part 36 (Title III for public accommodations)

 

Maryland Laws

Maryland State Department of Education (MSDE) Regulations

Maryland follows federal laws closely but also has specific regulations to guide the implementation of special education services. Maryland laws on education for children with disabilities are primarily located in Title 8 of the Education Article of the Maryland Code. Maryland regulations on special education are in Title 13A, Subtitle 5 and Subtitle 8 of the Code of Maryland Regulations (COMAR).

Key Provisions:

  • Individualized Education Programs (IEPs): Maryland has detailed regulations governing the development and implementation of IEPs, including timelines for evaluations, reevaluations, and annual reviews.
  • Parental Rights: Maryland regulations emphasize parental involvement and provide specific guidelines on how schools must communicate with and involve parents in the special education process.
  • Transition Services: Maryland law requires schools to begin planning for a student's transition to post-secondary life by age 14, ensuring that students with disabilities are prepared for further education, employment, and independent living.

Read the Law: Md. Code, Education, Title 8
Read the Regulations: Code of Md. Regulations, Title 13A, Subtitle 5 and Subtitle 8

 

Maryland’s Procedural Safeguards Notice

This document provides parents with information about their rights under state and federal law regarding their child’s special education services.

Key Provisions:

  • Due Process and Mediation: The notice outlines the processes available to parents if they disagree with the school's decisions about their child's education, including mediation, due process hearings, and filing complaints with the MSDE.
  • Surrogate Parents: If a child's parents are not available, Maryland law provides for the appointment of a surrogate parent to ensure the child’s rights are protected.

Read the Regulations: Code of Md. Regulations 13A.05.01.11

 

Federal Resources

  1. U.S. Department of Education - IDEA Website

    • Provides comprehensive information on the Individuals with Disabilities Education Act (IDEA), including the text of the law, regulations, and policy documents. The site provides access to resources for parents, educators and service providers.

  2. Office for Civil Rights (OCR) - U.S. Department of Education

    • The Office for Civil Rights ensures equal access to education and promotes educational excellence through vigorous enforcement of civil rights in our nation’s schools. OCR enforces the rights of eligible students with disabilities under the Rehabilitation Act of 1973, Section 504 and Americans with Disabilities Act. The OCR provides information on legislation, regulations, guidance, and other policy documents.

  3. Center for Parent Information & Resources (CPIR)

    • A resource center that offers materials for parents on various aspects of special education, including transition planning, dispute resolution, and advocacy.

 

Maryland State Resources

  1. Maryland State Department of Education – Early Intervention and Special Education

  2. Disability Rights Maryland 

    • Disability Rights Maryland provides legal advocacy and resources for individuals with disabilities, including special education rights and support.
    • Special Education, Rights, A Handbook for Maryland Families and Professionals, published by Disability Rights Maryland is an excellent starting point for a parent to understand the laws about special education, including the IEP and IEP development process.

  3. Parents' Place of Maryland (PPMD)

    • Serving as Maryland’s Parent Training and Information Center and Family-to-Family Health Information Center, Parents’ Place Parent’ Place of Maryland offers a variety of programs and services that support families of children with disabilities and special health care needs. 

  4. Maryland Special Education State Advisory Committee (SESAC)

    • Established in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), SESAC advises and assists the MSDE Division of Early Intervention and Special Education Services in administering, promoting, planning, coordinating and improving the delivery of special education and related services to assure that all children with disabilities and their families have access to appropriate education and related services. Committee members include  individuals with disabilities or parents of students, providing a platform for parents to participate in shaping special education policies and practices.

  5. Maryland Association of Nonpublic Special Education Facilities (MANSEF)

    • The Maryland Association of Nonpublic Special Education Facilities (MANSEF) is a not-for-profit organization of nonpublic special education facilities approved by the Maryland State Department of Education. 

 

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