Individualized Education Programs (IEPs) are a central part of disability rights for K-12 students. In the United States, all children have the right to a free appropriate public education. For students with disabilities, this right extends to the services, support, and accommodations they require to access and benefit from that education.
Families residing in Maryland can benefit from the state's extensive IEP training resources for families and schools and programs that offer support above and beyond federal requirements. While the state has had recent issues regarding discipline and students with disabilities, new laws and policies should curb these issues and potentially result in schools embracing current best practices for student discipline.
Disagreements about IEPs are not uncommon. If and when a disagreement between families and schools occurs, Maryland offers several options to help find a resolution. The Lento Law Firm works with families around the country to help them get the support and services their child needs to succeed in school.
What is an IEP?
At their most basic, IEPs are the guidelines for the support, services, and accommodations a student with disabilities should receive. Recent research supports a wider view of IEPs, one that embraces the whole child, including their goals and strengths.
The first word, individualized, is especially important. It sets out that IEPs are tailored to the individual student and not to their disability.
Federal Law
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) are the three cornerstones of federal law for disability rights in education. For IEPs, IDEA is the most important as it establishes IEPs and the accompanying requirements.
IDEA requires that school districts find all children within their borders. In Maryland, the Child Find program identifies students with potential disabilities.
School districts must provide services for all students within their geographic boundaries, even if the student does not attend the school. Districts must be willing to provide services, support, and accommodations to any individual who:
- Has a qualifying disability
- Is between the ages of 3 and 21
- Has not graduated from high school (or an equivalent course such as a GED)
- Lives within a district's boundaries, regardless of whether the student is below school age, attends a private or charter school or is homeschooled
Once a student graduates from high school, IDEA no longer applies. Even if a student falls within the age range, once they attend college, their school has no obligation to provide an IEP or follow a student's current IEP.
Common Terms in Disability Rights Law
For those encountering disability rights in education for the first time, the number of terms and acronyms may be confusing. In addition to knowing the ADA, Section 504, IDEA, and IEP, here are four frequently used terms.
All children have the right to a free appropriate public education (FAPE). For students with disabilities, this includes the support and accommodations they require to benefit from that education.
Current education policy is to place students in a Least Restrictive Environment (LRE) as much as possible. Students with disabilities should benefit from this placement without putting an undue burden on others or infringing on another student's right to FAPE. What defines LRE depends on the student.
Finally, federal law requires that once a student has a qualifying disability, schools must provide them with reasonable accommodations. Similar to LRE, what defines reasonable depends on the situation, including cost and the burden it potentially places on other members of the school community. Reasonable does not mean best or most expensive. Neither does it have to be what a family requests. Instead, it must be an effective service or support that places a student on a similar footing to their contemporaries.
IEP Process
To qualify for an IEP, a student must have a qualifying disability. Maryland identifies 14 disabilities that may qualify a student for an IEP and its accompanying services and support. They are:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay (through age 7)
- Emotional disability
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
How a student will be assessed and qualify for an IEP depends on their specific disability. In some cases, a wider array of tests and assessments may be required to pinpoint a student's specific disability or disabilities.
Qualifying for an IEP
Identifying a student's disability is only one step in the process. Maryland lists eight steps for a student to qualify for special education services. The steps are:
- Referral
- Evaluation and assessment
- Eligibility
- IEP development
- IEP implementation (ongoing)
- Progress monitoring (ongoing)
- Annual review
- Reevaluation (at least every three years)
Referral
Anyone can make a referral. Parents, guardians, teachers, or medical professionals are the most likely to identify a child as potentially having a disability. In most cases, parents or guardians will then meet with members of the school to discuss whether testing is needed.
Evaluation and Assessment
If the school and parents agree that testing is needed, the next step will be evaluation and assessment. These tests can vary depending upon the suspected disability and cover a wide range of areas from social/emotional to physical abilities. Parents must consent before a child undergoes any evaluation or assessment.
If a child does have a disability, these tests are beneficial in that they help the IEP team determine the most effective services and support for the student.
Eligibility
Within 60 days of parents consenting to tests, schools must schedule an IEP team meeting to discuss eligibility. If a student is eligible, families will have additional meetings with the school.
If a child is found to not meet the standards for a qualifying disability, families have three options. They may accept the results, pay for retesting and evaluation out-of-pocket, or appeal the decision via one of Maryland's dispute resolution options.
IEP Development
For students who do have a qualifying disability, the next step is IEP development. These IEP meetings must occur within thirty days of the eligibility meeting. Students may attend if parents or guardians believe it would be beneficial for the student.
This meeting will establish a student's IEP, including the services, support, and accommodations they will receive for the current school year. Ahead of this meeting, parents should learn about the IEP process and common accommodations for their child's specific disability and generally work to become as informed as possible. They can also make use of the resources the Maryland State Department of Education has on its website for parents.
While members of school staff will be at the meeting and do have professional training and credentials, parents or guardians should plan to take an active part in the process. They may disagree with a recommendation. They also usually know their child better and can use that knowledge to shape the IEP.
Remember: IEPs should be tailored to the individual child and not the disability.
IEP Implementation and Progress Monitoring
IEP implementation and progress monitoring should occur throughout the year. If and when a student is struggling in school or not meeting their goals, parents may wish to meet with teachers or the IEP team to discuss the potential underlying causes. In some cases, families may want to schedule a meeting to revise the IEP.
Annual Review
Even if a student is meeting their goals, IEPs are subject to an annual review under IDEA. Parents and guardians should take advantage of these annual reviews. Children mature and grow. What services, support, and accommodations benefit them one year may not be needed the following year, or they may need different accommodations.
Reevaluation
Finally, most students will be reevaluated every three years to determine if they still require IEPs and accommodations. If a student no longer meets the standards for a qualifying disability, they will no longer receive an IEP. A reevaluation may or may not require tests. Testing can also occur more frequently at the request of a student's teacher or if there is reason to believe a student no longer requires special education services.
Specialized Schools and Programs
The majority of students with disabilities will spend the majority of their school day in general classrooms and as part of the general school community as part of their LRE. Some students, however, may benefit from more specialized programs and schools. Maryland has several options.
According to Public School Review, as of 2023, Maryland has 37 special education public schools. These schools are all available free of charge to families and often work with students who have more severe disabilities or behavioral issues.
The state itself funds the Maryland School for the Blind (MSB) and the Maryland School for the Deaf (MSD). Both MSB and MSD have residential campuses and programs throughout the state. Any student with a vision or hearing impairment may be referred to the schools. Both schools require a preadmission screening, and the schools make all admission decisions.
Both MSB and MSD are free for students under IDEA. Programs not required under IDEA may have fees. For example, MSD offers summer camps conducted in ASL. In 2023, the cost of these camps ranged from free to $275.
District-Level Programs
School districts may also offer specialized programs or schools. What resources and accommodations are available can vary between school districts and even between schools.
When families are moving within or to Maryland, they should arrange to talk with a school district and not assume that a specific program, service, support, or accommodation will be available. That a student had a specific accommodation or support at their previous school or as part of their IEP plan does not mean a new school has to provide the exact same service or accommodation.
Below are three examples of districts with programs for students with disabilities.
Carroll County
The Carroll County, Public School System, operates special schools and regional programs for students with disabilities. These programs focus on students who need more support or other services beyond what's available in a general education school. Carroll Springs School enrolls students from throughout the district with multiple or severe disabilities.
The district also offers the Carroll County Career and Technology Center for students in their junior and senior years of high school. The program focuses on career and technical training, preparing students for either the workforce or continuing education.
Montgomery County
The Montgomery County Public Schools offer similar options to children within their district. Montgomery County offers five special schools and three alternative schools. Longview School works with students between the ages of 5 and 12 who have severe disabilities. The Blair G. Ewing Center supports students who have learning and social-emotional needs.
Montgomery County also has a Family Support Center. The center's goals include increasing collaborative relationships between families and the district, building parent knowledge and involvement in the special education process, and offering information, training, and other resources.
Worchester County
Worchester County Schools encourages Positive Behavioral Interventions and Supports (PBIS) for all students. The goal of PBIS is to use evidence and research to encourage positive student behavior and shift discipline away from punishment and toward teaching better behavior and actions. Worchester County does not provide a set program but instead supports schools to implement programs that support all students and reflect the school's character.
In addition, Worchester County has one school that specializes in serving students with disabilities. The Cedar Chapel Special School enrolls approximately 50 students with disabilities each school year. Students range in age from 3 to 21, with a student-to-teacher ratio of 2:5.
Each district may have its own programs, and families should contact their local school district to learn more about its offerings. For those unsure of their local district, in Maryland, public school districts are by county. Your local school district will be the county in which you reside.
Restraint and Seclusion
Research shows that students with disabilities are more likely to face disciplinary action in school. Lack of support, an inadequate IEP, and failure to implement the IEP can all increase the likelihood of a student having issues in school. Two disciplinary practices that have come under increased scrutiny in recent years are seclusion and restraint.
Maryland defines physical restraint as a "personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely that occurs during school hours."
Maryland defines seclusion as "The confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours."
In 2022, the Maryland General Assembly passed a law curtailing the use of restraint and seclusion in public schools and any private school that receives state funds.
This revision to the Maryland Education Code follows a 2021 settlement with the U.S. Justice Department over the illegal use of restraint and seclusion in the Frederick County Public School District. The investigation found over 7,000 incidents of these practices in a two-and-a-half-year period beginning in October 2020.
While students with disabilities make up approximately ten percent of the district's student population, 99 percent of students subjected to seclusion or restraint had a disability. The reason for this wide disparity between the two numbers is that the incidents that were at the center of the Justice Department investigation were predominately at the district's three schools dedicated to students with disabilities and/or behavioral or emotional issues.
Part of the settlement with Franklin County is training on the use of positive behavior intervention. The 2022 revisions also highlight the importance of positive behavioral intervention. The new laws ban seclusion in any public school or state agency. Restraint should be used only as a last resort in crisis situations when members of the school community are in danger and only after less intrusive, nonphysical interventions have failed or would not be appropriate.
IEPs and Special Considerations
While Maryland has curtailed the use of restraint and seclusion in its public schools, the Justice Department investigation highlights the importance of including a behavioral intervention plan in a student's IEP. Students must undergo a functional behavioral assessment (FBA) for their IEP to include strategies such as positive behavioral intervention. FBA is predominately used for students whose behavior impedes their learning or others' ability to learn.
The 2019 version of the IEP Process document highlights why parents should request the inclusion of these considerations in their child's IEP. The 2019 document includes allowing parents to permit seclusion and restraint as part of the student's IEP. By addressing potential behavioral issues as part of the IEP meeting, parents and guardians can learn about what training school staff have regarding positive behavioral intervention support and other methods to handle student discipline.
Even if a student does not have documented behavioral issues, parents and guardians should still consider discussing how schools handle discipline. They may wish to inquire as to including guidance on how to respond to a student's behavioral, academic, or social issues during the IEP Meeting. Understanding how the school handles discipline and at what point a school will conduct families when a student is struggling may help encourage early intervention.
State Guides and Resources
The Maryland State Department of Education offers several guides on special education and early intervention in the state. This includes an IEP Process Guide and a parents' guide. These documents are a resource for parents when navigating and understanding the IEP process from the initial evaluation to the annual reassessment.
The Department of Education also has a Family Support and Dispute Resolution Branch (FSDR). This department predominately handles disagreements between families and school districts.
Dispute Resolution
IDEA requires that all states have dispute resolution options for if and when problems arise between schools and families. These issues can include disagreements over whether a student qualifies for a disability, what should be included in the IEP, implementation of the IEP, or revision of the IEP.
When disagreements arise, parents and guardians should make sure the focus remains on what is best for the student. Families should first schedule an informal meeting with a member of the school staff to discuss the issue at hand and seek clarification or explanation for why a school made a certain decision. When both sides try to understand the other side's reasons for their stance on a subject, it may be easier to resolve a disagreement.
If initial conversations are unsuccessful, families may wish to try more formal dispute resolution options. There are three main options for dispute resolution:
- Mediation
- State Complaint
- Due Process Complaint
Mediation
Either parents or guardians or a school district may initiate mediation. This is one of the more informal dispute resolution options and does not have a time limit for requesting this process. Participation is voluntary. If the parties agree to mediation, they will then work with a third-party mediator to reach a resolution.
State Complaint
Anyone can file a state complaint, although it must be filed within one year of the alleged violation. An individual files a complaint when they believe a school district is violating either state or federal law. The Maryland State Department of Education or State Education agency investigates and issues its findings within sixty days of receiving the initial complaint. This time period may be extended if the situation requires more time to investigate or if the parents and school district agree to another dispute resolution option, such as mediation.
Due Process Complaint
Similar to mediation, either parents or guardians or a school may initiate a due process complaint. Due process complaints are more formal than mediation, however, and must be filed within two years of when a party knew or should have known about the incident or problem at the center of the complaint. Similar to a traditional courtroom proceeding, a hearing officer or administrative law judge will hear the complaint. In most cases, a decision must be issued within 45 days.
Alternatively, upon receiving a due process complaint, a state agency may schedule a meeting in hopes of resolving the issue. These meetings must be conducted within 15 days of receiving a complaint. The exception is if the parties agree to mediation, in which case a resolution meeting will not be conducted. Both parties must agree with the resolution.
The Right to an IEP
For students with disabilities, an IEP is part of their right to free appropriate public education. If schools fail to provide an IEP, fail to implement an IEP, or otherwise fail in their legal responsibilities, parents and guardians should not hesitate to speak up and defend their child's right to an education. Lack of proper accommodations, services, and support increases the likelihood that students will fall behind in their education or experience behavioral or academic issues.
The Lento Law Firm Education Law Team works with families from school districts, large and small, urban, rural, and suburban, to protect their student's right to an education. We focus on collaborative resolutions that keep a student's best interests front and center. Contact us online or at (888) 535-3686.
