Special Education

Child Find (Eligibility & Enrollment)

Infants & Toddlers Program

Special Education Services

Family Support and Parental Rights

Citizens’ Advisory Committee (SECAC)

Fall 2022 – 2023 Special Education Newsletter; Spanish Version

Maryland IEP Process Guide

Understanding the Evaluation, Eligibility, and Individualized Education Program (IEP) Process in Maryland

Maryland Accommodations Manual

Occupational and Physical Therapy in Maryland: A Guide to Practice

Resources for Parents

Parental Rights – Maryland Procedural Safeguards Notice

Derechos de los padres – Aviso de las Salvaguardas de Procedimiento de Maryland

A Family Guide to Early Intervention Services in Maryland

A Family Companion Guide to the Maryland’s Parental Rights and Procedural Safeguards Notice

A Family Guide to Understanding the Individualized Family Service Plan (IFSP)

A Family Guide to Next Steps: When Your Child In Early Intervention Turns Three

Technical Assistance Bulletins

Procedure for Special Education State Complaint Resolution

State Complaint Form Birth to Age 3

State Complaint Form Age 3 to 21

Request for Mediation and Due Process Complaint Form

State Complaint Frequently Asked Questions (FAQ)

State Due Process Frequently Asked Questions (FAQ)

State Mediation Frequently Asked Questions (FAQ)

Parents’ Guide to Habilitative Services (English)

Guía de los padres a los servicios de habilitación

COVID-19 Resources

Plain Language COVID-19 Fact Sheets (full set)

Testing Fact Sheet

High Risk Health Conditions Fact Sheet

Vaccines Fact Sheet

Vaccinations At Home Fact Sheet

Vaccines For Children Ages 5 to 11 Fact Sheet

Monoclonal Antibody Treatment Fact Sheet

Booster Shots Fact Sheet

Spanish-Language Fact Sheets

The IDEA regulations (34 CFR 300) require that children eligible for special education and related services be provided a free appropriate public education (FAPE) in the least restrictive environment (LRE). The provisions at 34 CFR 300.550(b) require each public agency to ensure:

(1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled [emphasis added]; and

(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [emphasis added].

Section 300.551(a) requires each public agency to ensure “that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.” Section 300.551(b) states that “the continuum required in paragraph (a) of this section must –

(1) Include the alternative placements listed in the definition of special education under §300.26 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.”

Section 300.552 requires that when determining educational placement, each public agency must ensure:

(a) The placement decision—

(1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(2) Is made in conformity with the LRE provisions of this subpart, including §§300.550 – 300.554;

(b) The child’s placement—

(1) Is determined at least annually;

(2) Is based on the child’s IEP [Individualized Education Program]; and

(3) Is as close as possible to the child’s home [emphasis added];

(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if not disabled [emphasis added];

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and

(e) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum [emphasis added].

Finally, with regard to a child’s IEP, 34 CFR 300.347 requires:

(a) General. The IEP for each child with a disability must include—

(1) A statement of the child’s present levels of performance, including—

(i) How the child’s disability affects the child’s involvement and progress in the general curriculum (i.e., the same curriculum as nondisabled children) [emphasis added]; or

(ii) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;

(2) A statement of measurable annual goals, including benchmarks or short-term objectives, related to—

(i) Meeting the child’s needs that result from the child’s disability to enable the child to be involved in and progress in the general curriculum…or for preschool children, as appropriate, to participate in appropriate activities [emphasis added]…

(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child and a statement of the program modifications or supports for school personnel that will be provided for the child—

(i) To advance appropriately toward attaining annual goals;

(ii) To be involved in and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities [emphasis added]; and

(iii)To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section [emphasis added];

(4) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(3) of this section.