Individual Planning » Maryland Procedural Safeguards

Maryland Procedural Safeguards

The procedural safeguards notice includes a full explanation of parental rights in an easily understandable manner and in a parent's native language. This procedural safeguards notice applies to children and families receiving services through an Individualized Family Service Plan (IFSP) and to children and youth with disabilities receiving services through an Individualized Education Program (IEP).
Independent Education Evaluation (IEE)
COMAR 13A.05.01.03B(33)
If a parent disagrees with an evaluation completed by the public agency, the parent has the right to have the child evaluated by someone who does not work for the public agency.
The Public Agency is defined as the school/agency that is responsible for educating the student at the time of the assessment request (where the student was enrolled and in attendance when the assessment was requested by the school or the parent/guardian).
If a parent requests an IEE, the public agency may ask why the parent/guardian objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the IEE at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.
Parent's Right to an IEE at Public Expense - A parent has the right to an independent educational evaluation (IEE) at public expense if the parent disagrees with an evaluation obtained by the public agency.
If a parent requests an IEE at public expense, the public agency must approve or deny the request in writing within 30 days of receipt of the request.
Request Approved Request Denied
If the request is approved, MSD (the public agency), must advise the parent/guardian of the process for arranging the evaluation (within 30 days of receipt).
If the request is denied, MSD (the public agency), must file a due process complaint (within 30 days of the date of denial).
MSD must ensure that an IEE is provided at public expense unless it can demonstrate in a hearing that the evaluation obtained by the parent did not meet agency criteria. (34 CFR§§ 300.507 through 300.513)
Due process complaint - required by MSD (the public agency) to request a hearing if the parent/guardian request for an IEE is denied in order to show that MSD's evaluation is appropriate.
[amended to comply with HB 611, "Individualized Education Programs- Timeline for Independent Education Evaluations",
and subsequent regulations adopted by MSDE, effective July 1, 2019]