Dispute resolution

Frequently Asked Questions About Special Education:

The answers to these frequently asked questions come from several sources, including the Individuals with Disabilities Education Act (IDEA) and “Special Education Rights: A Handbook for Maryland Families and Professionals” published by Disability Rights Maryland.

Who is eligible for special education?

Children with disabilities may be eligible for special education and related services from birth through 21 years old. Up to 3 years old, a child may receive services through the Infants and Toddlers Program. After that, the child may receive services through their local education agency.

A child with one or more of the following disabilities may be eligible for special education, although this list is not exhaustive: autism spectrum disorder, intellectual disability, hearing impairments (including deafness), speech and language impairments, visual impairments (including blindness), emotional disability, orthopedic impairments, traumatic brain injury, multiple disabilities, other health impairments (including ADHD), and specific learning disabilities.

While a child may be eligible based on a disability designation, the child does not automatically qualify for special education. To qualify, the child’s disability must adversely impact the child’s educational progress and performance. 

Who decides if a child is eligible for special education?

A multidisciplinary group called an individualized education program (IEP) team determines eligibility for special education. The following individuals must be members of the child’s IEP team: a parent or guardian, a general education teacher (if appropriate), a special education teacher, and a representative of the local education agency who knows about special education, the general curriculum and the availability of services. 

The following individuals are optional members of the child’s IEP team: school psychologist, social worker, physical therapist, occupational therapist, speech-language pathologist, related service providers and/or the student (if appropriate).

What is the process for determining eligibility for special education?

The evaluation process leading up to a determination of eligibility usually consists of three parts: the initial meeting (also called the referral meeting), the eligibility meeting, and if eligible, the IEP development meeting. 

What is the referral/initial stage?

This stage involves reviewing existing data of the child’s progress and performance to determine if there is a suspected disability that requires special education and related services. During this meeting, the team discusses the student’s challenges in the academic setting and decides whether to begin a formal evaluation to learn more about the child’s academic, behavioral and/or emotional needs. 

A child may be referred for an initial meeting by their parent or guardian and local education agency staff (e.g., teachers, principal, etc.). The individual making the referral for the child must do so in writing and should keep a copy of the signed and dated letter for their records. The letter should be sent to the principal of the school and/or the local education agency’s office. 

What happens after the initial referral?

If the team decides the child may have a suspected disability that requires special education, the team may recommend evaluations (e.g., psychological, educational, occupational therapy, speech and language, or psychosocial) to determine if the child has a disability and, if so, whether the child needs special education services. The evaluations must be conducted in all areas of suspected disability.

What rights do parents and guardians have during the evaluation stage?

Parents and guardians are guaranteed specific legal rights under the IDEA to ensure they are informed, involved and empowered throughout the evaluation process. The IEP team must complete the initial screening, assessments and review of the assessments within 90 calendar days of receiving the written referral. Parents and guardians must consent to the assessments. Once a parent or guardian provides consent, the school has 60 calendar days to complete the initial evaluation and hold the eligibility meeting. 

Other rights of parents and guardians include the right to:

  • Be informed via written notice.
  • Participate in all meetings.
  • Review and understand evaluation results. (Note: This includes assessments conducted in a child’s native language and reports provided in the parent’s or guardian’s native language.)
  • Receive a copy of the Maryland procedural safeguards.
  • Not to have to pay for assessments recommended by the IEP team.
  • Receive a copy of documents five days before/after the IEP meeting.

What is an eligibility meeting?

An eligibility meeting is a meeting at which the IEP team and the parent or guardian review assessment results and determine whether the child qualifies for special education services. The meeting is set up by the IEP team.

What happens if a child is not found eligible?

If a child is not found eligible for special education and related services, a parent or guardian has the right to challenge the decision, as outlined in the procedural safeguards. 

If a school denies special education services to a child, the school must explain its reasoning in writing and provide information on how to challenge its decision. Methods of challenging decisions include mediation and filing a due process complaint. 

What happens if a child is found eligible?

If a child is found eligible for special education and related services, the team must indicate the primary disability and document the basis for the IEP team’s decision. Following the eligibility meeting, the team must develop the IEP within 30 days of the date that the student is determined to be eligible and in need of specialized instruction. The IEP team may choose to develop the IEP during the eligibility meeting, or it may schedule an alternative meeting dedicated to IEP development. The IEP must be implemented as soon as possible.

What can a parent or guardian do if they disagree with the evaluations conducted by the local education agency?

A parent or guardian has the right to request an independent educational evaluation paid for by the local education agency. The parent or guardian should request this evaluation via the IEP team. If the local education agency refuses to pay for the evaluation, it must state its reasons in writing and file for a due process hearing. If the administrative law judge decides in favor of the local education agency, the parent or guardian will have to pay for the evaluation. The local education agency must respond within 30 days to the request for an independent evaluation.

Does the local education agency have to use the results of the independent evaluation?

The IEP team must consider, but does not have to accept, the findings of an independent evaluation. If the IEP team does accept the findings of the evaluation, the parent or guardian may request reimbursement from the local education agency (if the parent or guardian paid for the evaluation).

What services must the school provide?

Every student with a disability is entitled to a free appropriate public education (FAPE) in the least restrictive environment that can meet the student’s needs. FAPE is a legal right that ensures students with disabilities receive an education that is both free and tailored to the unique needs of each child with a disability.

What is the meaning of the term “least restrictive environment”?

Least restrictive environment means that each child with a disability should be educated alongside their nondisabled peers to the greatest extent possible, to promote inclusive and equitable education practices. A child’s least restrictive environment is based on their unique needs. A local education agency may only move a child to a more restrictive placement if the child’s needs cannot be met in a less restrictive environment. However, the local education agency must first attempt to meet each child’s needs in the least restrictive environment by providing additional supports and modifications to the less restrictive environment.

What is an IEP?

“IEP” stands for “individualized education program.” An IEP is an individually tailored document that describes the special education and related services a child needs. The IEP must be developed before the child’s placement is determined. The IEP is developed at an IEP meeting. The child’s parent or guardian must participate in the development of the IEP. If the parent or guardian does not agree with the IEP, then the parent or guardian should not sign the IEP. However, in Maryland, a parent’s or guardian’s consent is only needed to implement the initial IEP. After that, the IEP team can make changes to most parts of the IEP without a parent’s or guardian’s consent. 

The IEP must list the child’s disability, the educational impact of the disability, the present level of the child’s educational performance, annual goals and objectives, specific special education and related services required (including accommodations and program modifications to allow a child to make progress in the academic curriculum), transition services (if the child is 14 or older) and any assistive technology services.

While IEP meetings must be held at least once a year to review progress and revise as needed, a parent or guardian has the right to ask for an IEP meeting at any time to address concerns. 

What are related services?

Under the IDEA, related services are developmental, corrective and other supportive services, including speech-language pathology and audiology services; interpreting services; counseling and psychological services; physical and occupational therapy; assistive technology services; transportation; social work services; and medical services (for diagnostic and evaluation purposes only). These services must be provided at no cost, if the IEP team determines these supports are necessary for the child to receive a free appropriate public education.

What are transition services?

Under the IDEA, transition services are a coordinated set of activities for a child with a disability. The services are designed to prepare a child for postsecondary life, including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, and/or community participation. These services must be result-oriented and must reflect the student’s needs, strengths, preferences and interests.

What are extended school year services?

Extended school year services, also referred to as ESY, are specialized instruction or related services provided during the summer for qualifying students to maintain their progress and prevent regression in skills and knowledge during the break. Not all students with disabilities are eligible for extended school year services, and eligibility is determined annually based on individual needs. Some factors considered by an IEP team for eligibility include regression/recoupment of skills, progress, emerging or breakthrough skills, interfering behavior, and special circumstances. A parent or guardian is not required to accept these services for their child.

What is a functional behavior assessment?

A functional behavior assessment (FBA) examines a child’s behaviors, including triggers, frequency, reasons for the behavior occurrence, and best intervention strategies. After the assessment is conducted, the IEP team must reconvene to develop or revise a behavior intervention plan (BIP) to better support the child’s behaviors.

What happens if a local educational agency cannot meet a child’s needs in its public schools?

The local education agency must place the child in a nonpublic placement and must pay for the nonpublic school placement and transportation to and from it. The Maryland State Department of Education has a list of approved nonpublic schools.

What happens if a parent or guardian and the local educational agency cannot agree on the delivery of special education and related services?

A parent or guardian may request mediation or a due process hearing, or they may file a complaint with the Maryland State Department of Education for violation(s) of the IDEA.

What happens if a school sends a child home from school without suspension?

School administrators sometimes send a student home early by calling their parent or guardian to pick them up. Regardless of what the school administrator may call it, this is a suspension, and due process rights apply. A parent or guardian should always ask the school administrator to state, in writing, why their child is being sent home. If there is a behavioral intervention plan, the parent or guardian should ask what steps have been taken to address the child’s behavior. If the school staff did not follow the behavioral intervention plan, the parent or guardian should request that their child remain in school. It is not unusual for students to have a significant amount of time out of school because of numerous “send-homes” or disciplinary removals. If a child is being sent home regularly, their parent or guardian should consider requesting an emergency IEP team meeting and/or filing a formal complaint.

What happens if a parent or guardian has concerns about their child’s services and supports?

If a parent or guardian has concerns about their child’s services and supports, the parent or guardian can request an IEP meeting to address their concerns and to consider any additional supports or services that may be needed for their child. The parent or guardian has a right to request an IEP meeting at any time, regardless of whether the annual review meeting has occurred. The request for the meeting and the concerns should be submitted in writing.

The parent or guardian may also pursue mediation or a due process hearing, as well as file a complaint with the Maryland State Department of Education for any alleged violations of the IDEA. 

What happens if a parent or guardian has concerns about the school’s implementation of their child’s IEP?

If a parent or guardian has concerns about the school’s implementation of their child’s IEP, the parent or guardian can raise concerns during the IEP meeting and ask that the concerns be added to the IEP and meeting notes. The parent or guardian may also seek mediation or a due process hearing, or they may file a complaint with the Maryland State Department of Education.

What should a parent or guardian expect at an IEP team meeting?

During the meeting, the parent or guardian can expect to share any concerns and thoughts they have about their child’s progress in the school environment. This includes sharing the child’s strengths and weaknesses, as well as any information that the parent or guardian believes would be helpful for the IEP team to know about their child. Parents and guardians should not be afraid to speak up and advocate for their children. 

As part of the discussion, the IEP team will develop educational, emotional and behavioral goals that are appropriate for the child. IEP team members will also discuss the specialized instruction (e.g., modifications and accommodations) and related services that the child needs. 

Five business days after the meeting, the parent or guardian should receive a copy of the meeting notes and the IEP developed during the meeting. 

What rights do parents and guardians have during the IEP process?

Every parent and guardian has the right to:

  • Participate as a member of the IEP team, including attending IEP meetings and contributing to developing their child’s IEP and determining their child’s placement.
  • Invite others to attend IEP meetings.
  • Review all educational documentation, such as assessments, IEPs and progress reports.
  • Consent to the first IEP and to proposals for a non-diploma education program, alternative education assessments, and non-emergent restraint or seclusion in the IEP.
  • Follow the legal timelines required for special education.
  • Request mediation or a due process hearing if they disagree with the IEP or placement.

What rights does a parent or guardian have to their child’s school records?

A parent or guardian has the right to review and request copies of their child’s school records. The school must respond to their request to review their child’s records within 45 days of the request. If the school does not respond to the request, the parent or guardian should write to the local education agency’s superintendent, indicating the right to receive school records without “unnecessary delay.”

What happens if a parent or guardian has concerns about their child being bullied?

A parent or guardian should complete the bullying report form. They may also provide written notice to the school and the district regarding bullying behavior. If a parent or guardian suspects the bullying is related to the child’s disability, they may also request an IEP meeting to address concerns and potential revisions that may benefit the child and respond to the bullying behaviors.

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