The federal law is the highest authority about special education rights and duties.  The primary federal law is the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.)  Details

The Maryland Code: Education Article, Title 8 contains the laws passed by the State of Maryland to meet the requirements of federal law.  Details 

The most specific rules are the Maryland regulations, issued by the Department of Education (COMAR ) Details

Important specific sections of the Individuals With Disabilities Education Act:

• Sec. 1414. Evaluations, eligibility determinations, individualized education programs, and educational placements
• Sec. 1415. Procedural safeguards
• Sec. 1416. Withholding and judicial review

Important specific sections of the Maryland Code (enacted by the General Assembly):

The Maryland laws on education for children with disabilities are located in the Education Article of the Maryland Code, in Title 8, Subtitles 3 ("Deaf and Blind Children") and 4 ("Handicapped Children"). Some key sections of the special education law are:

• Definitions - Section 8-401
• Domicile of child - Section 8-401
• Standards for education of children with disabilities - Section 8-404
• indentifying and evaluating educational needs of a child with a disability - Section 8-405
• Transportation to school for a child with a disability - Section 8-410
• Programs for education and training of children under 6 - Section 8-411
• "Parent surrogates" for special education decisions - Section 8-412
• Rights of a child with a disability who reaches the age of 18 - Section 8-412.1
• Review of placement and appeals (mediation, hearings, court review) - Section 8-413

Important specific sections of the Maryland regulations (issued by the Maryland Department of Education):

The Maryland regulations on special education are located in the Code of Maryland Agency Regulations (called "COMAR") in Title 13A, Subtitle 5.  Some key sections are:

• definitions - 13A.05.01.03
• Identifying students with disabilities - 13a.05.01.04
• Assessment of need for special education and related services - 13A.05.01.05 
• Evaluation of students and re-evaluation - 13A.05.01.06
• Individualized Education Plan team - 13A.05.01.07
• Individualized Education Plan team and parent participation - 13A.05.01.07
• Individualized Education Plan team's responsibilities - 13A.05.01.08 
• Individualized Education Plan document - 13A.05.01.09 
• Least restrictive environment - 13A.05.01.10 
• General procedural rules - 13a.05.01.11
• Written notice of school action - 13A.05.01.12 
• Consent for assessment of child - 13A.05.01.13 
• Independent evaluation - 13A.05.01.14 
• Complaints, mediation, hearings, court appeals - 13A.05.01.15   Also see "Special Education Mediation"
• Students in private schools - 13A.05.01.16 

Date of last legal review: 01/15/08 (PLL/M.A.J.)

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