If you think your child may need special education services, you have the right to request an evaluation at any time. Maryland follows both the Federal Individuals with Disabilities Education Act (“IDEA”) and the Code of Maryland Regulations (“COMAR”). Those laws give parents clear protections once they make the request. Understanding these steps helps you act confidently and keeps the school accountable.
HOW TO MAKE THE REQUEST
You can request an evaluation in writing or verbally, but a written request creates a clear record. A simple letter or email works. State that you are requesting a special education evaluation under IDEA and briefly describe your concerns. You do not need a diagnosis or medical paperwork to start the process.
WHAT THE SCHOOL MUST DO AFTER THE REQUEST
After receiving your request, the school must bring an Individualized Education Plan (“IEP”) team together to review your concerns. This includes you, the parent. The team examines available information, looks at your child’s progress, and decides whether an evaluation is needed. The school must give you written notice of that decision.
If the team agrees to evaluate, the school must send you a consent form. Testing cannot start until you sign the consent form.
MARYLAND’S EVALUATION TIMELINES
Maryland sets firm timelines to prevent delays. Once you sign consent, the school has sixty (60) days to complete the evaluation. The entire initial process, from referral to the first IEP meeting, must occur within ninety (90) days. These deadlines protect your child from waiting months for support.
WHAT A COMPREHENSIVE EVALUATION LOOKS LIKE
A proper evaluation must assess every area of suspected disability. Schools cannot limit testing to one subject if your concerns cover more than one. Depending on your child’s needs, testing might include academic assessments, speech or language evaluations, psychological testing, occupational therapy assessments, or behavior evaluations. The goal is to gather enough information to determine eligibility and identify appropriate services.
YOUR ROLE AS A PARENT
You are an active part of the evaluation process. You can share private reports, describe what you see at home, provide work samples, and ask for testing in specific areas. The school must consider your input. You also have the right to ask questions at any point during the evaluation.
WHAT HAPPENS IF THE SCHOOL REFUSES TO EVALUATE
If the school decides not to evaluate, it must explain that decision in Prior Written Notice (“PWN”). The notice must state what they considered and why they refused. You have the right to challenge the refusal through mediation or a due process complaint. You can also request an Independent Educational Evaluation (“IEE”) later if you disagree with the school’s reasons.
WHY YOUR REQUEST MATTERS
A formal evaluation request starts the legal timelines and requires the school to respond. When you understand the steps, you can advocate effectively and make sure the process moves forward. Early evaluation often leads to earlier support, and that can make a significant difference for your child.
If you are interested in learning more about options to protect you and your loved ones, please call us to schedule an appointment. (410) 988-3973. www.TheCoxLawGroup.com
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This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult an attorney licensed in your jurisdiction.