Understanding Special Education in Maryland

If you are navigating school supports for a child with a disability in Maryland, the two terms you will hear most often are IEP and 504 plan. They are related, but they are not the same. In general, an IEP is part of special education under the Individuals with Disabilities Education Act (IDEA), which provides a free appropriate public education to eligible children with disabilities. A 504 plan comes from Section 504 of the Rehabilitation Act, a civil rights law that prohibits disability discrimination in schools that receive federal funding. ([ed.gov](https://www.ed.gov/laws-and-policy/individuals-disabilities/individuals-disabilities-education-act-idea))

In Maryland, these federal protections are implemented through state and local school systems, and the Maryland State Department of Education (MSDE) provides guidance on special education, transition planning, and assistive technology. Maryland also documents assistive technology supports in IEPs and 504 plans through statewide policies and procedures. ([marylandpublicschools.org](https://marylandpublicschools.org/programs/Pages/Special-Education/SETP/index.aspx))

IEP vs. 504 Plan: The Core Difference

An IEP is for a student who qualifies for special education and needs specially designed instruction. Maryland's special education guidance states that a child becomes eligible when the IEP team identifies both a disability and a need for specially designed instruction. ([marylandpublicschools.org](https://marylandpublicschools.org/programs/Pages/Special-Education/SETP/index.aspx))

A 504 plan is for a student with a disability who does not necessarily need special education instruction, but does need accommodations or related supports to access school on an equal basis. Section 504 protects students with physical or mental impairments that substantially limit one or more major life activities, and it applies to public schools and other recipients of federal education funds. ([ed.gov](https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504/civil-rights-of-students-hidden-disabilities-and-section-504))

Put simply: an IEP is about specialized instruction; a 504 plan is about access and accommodations. Some students qualify for one, some for the other, and some may qualify for neither depending on the facts. ([sites.ed.gov](https://sites.ed.gov/idea/files/ocr-factsheet-504-20210726.pdf))

What an IEP Can Include in Maryland

An IEP is a written plan tailored to the student's needs. It may include present levels of performance, annual goals, special education services, related services, accommodations, and transition planning for older students. Maryland's transition planning guidance emphasizes helping students move from school to postsecondary outcomes. ([marylandpublicschools.org](https://marylandpublicschools.org/programs/Pages/Special-Education/SETP/index.aspx))

Examples of IEP supports may include:

• Specialized reading or math instruction
• Speech-language therapy
• Occupational or physical therapy
• Behavior supports
• Testing accommodations
• Assistive technology devices or services

Maryland's assistive technology guidance specifically notes that AT documentation may appear in the IFSP, IEP, and 504 plan, which can be important for students who need tools such as text-to-speech, communication devices, or adapted input methods. ([elevates.marylandpublicschools.org](https://elevates.marylandpublicschools.org/about/steering-committees/at/))

What a 504 Plan Can Include

A 504 plan is usually less specialized than an IEP, but it can still make a major difference in a student's day. Common 504 supports may include:

• Extended time on tests
• Preferential seating
• Breaks during class or testing
• Permission to use medication or medical devices at school
• Modified attendance or bathroom access plans
• Access to elevators, ramps, or other physical accommodations

Federal guidance explains that Section 504 covers students with disabilities that may not be visible, including learning, medical, or emotional conditions that substantially limit major life activities. Schools must avoid discrimination and provide appropriate access supports when needed. ([ed.gov](https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504/civil-rights-of-students-hidden-disabilities-and-section-504))

How the Process Usually Works in Maryland

In Maryland, families typically begin by requesting an evaluation from the school if they suspect a disability is affecting learning, behavior, attendance, health, or school participation. The school then reviews information, gathers data, and determines whether the student qualifies under IDEA for an IEP or under Section 504 for a 504 plan. Federal guidance makes clear that OCR enforces Section 504, while IDEA special education is administered through the education system and state processes. ([sites.ed.gov](https://sites.ed.gov/idea/about-idea))

If a student qualifies for an IEP, the team develops the plan and reviews it regularly. If a student qualifies for a 504 plan, the school creates a written accommodation plan and implements it through the school team. In both cases, parents should receive notice and have opportunities to participate. ([sites.ed.gov](https://sites.ed.gov/idea/regs/b/e/))

Maryland-Specific Considerations for Families

Maryland families should know that state guidance emphasizes special education policy, funding, transition planning, and assistive technology as part of the broader system of supports. MSDE's current materials show that the state is actively maintaining guidance for IEP teams and AT documentation. ([elevates.marylandpublicschools.org](https://elevates.marylandpublicschools.org/about/call-to-action/special-education-policy-and-funding/))

Another practical point is that Maryland public schools, like other public schools, must comply with federal disability laws. That means a student may be entitled to accommodations even if they do not qualify for special education. It also means that behavior, discipline, and access issues can raise disability-rights concerns under Section 504 when the behavior is connected to the disability. ([safesupportivelearning.ed.gov](https://safesupportivelearning.ed.gov/resources/section-504-discipline-fact-sheet))

Questions Parents in Maryland Should Ask

If you are trying to decide whether your child needs an IEP or a 504 plan, these questions can help:

• Is my child struggling because of a disability or suspected disability?
• Does my child need specialized instruction, or mainly accommodations?
• What data does the school have about academic, behavioral, medical, or attendance concerns?
• Have we discussed assistive technology, related services, or testing accommodations?
• How will the plan be monitored and updated?

These questions matter because the right plan depends on the student's actual needs, not just a diagnosis. A diagnosis alone does not automatically guarantee an IEP or a 504 plan. Eligibility is based on how the disability affects school access and performance. ([sites.ed.gov](https://sites.ed.gov/idea/files/ocr-factsheet-504-20210726.pdf))

Final Takeaway

For Maryland families, the most important thing to remember is that special education is individualized. An IEP is for students who need specially designed instruction under IDEA, while a 504 plan is for students who need accommodations and equal access under Section 504. Maryland's current guidance shows that the state continues to support IEP teams, transition planning, and assistive technology documentation across birth through age 21. If you are unsure which path fits your child, start with a written request to the school and ask for a meeting to review concerns, data, and possible supports. ([marylandpublicschools.org](https://marylandpublicschools.org/programs/Pages/Special-Education/SETP/index.aspx))

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Information is sourced from publicaly available information and may be inaccurate