1. A. Nondiscrimination. A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are selected and administered in a manner which is not racially or culturally discriminatory.

2. B. Assessment Procedures.

   1. (1) A student shall be assessed in all areas related to the suspected disability, consistent with 34 CFR §300.304(c)(4).

   2. (2) A variety of assessment tools and strategies shall be used to gather sufficient relevant functional, cognitive, developmental, behavioral, academic, and physical information, and information provided by the parent to enable the IEP team to determine:

      1. (a) If the student is a student with a disability;
      2. (b) The student's educational needs;
      3. (c) The content of a student's IEP, including information related to enabling the student to be involved in and progress in the general curriculum, or, for preschool students, to participate in appropriate activities; and
      4. (d) Each special education and related service needed by a student, regardless of whether the need is commonly linked to the student's disability.

   3. (3) A single procedure may not be used as the sole criterion for determining:

      1. (a) If a student is a student with a disability; and
      2. (b) An appropriate educational program for a student.
   4. (4) Initial assessments for students with disabilities who transfer from one public agency to another in the same school year shall be expeditiously coordinated with the student's prior and subsequent public agency to ensure prompt completion of an initial evaluation as specified in 34 CFR §300.301 and Regulation .06 of this chapter.

   5. (5) Observation for the Determination of an SLD.

      1. (a) If a student is suspected of being a student with an SLD, or is a student with an SLD, at least one member of the IEP team, other than the student's regular education teacher, shall observe the student in the student's learning environment, including the regular classroom setting, to document academic performance and behavior in the areas of difficulty, in accordance with 34 CFR §300.310.

      2. (b) In determining whether the student has an SLD, the IEP team shall:

         1. (i) Use information from an observation in routine classroom instruction and monitoring of the student's performance that occurred before the child was referred for an evaluation; or
         2. (ii) Have at least one member of the IEP team conduct an observation of the student's academic performance in the regular classroom after the student has been referred for an evaluation and parental consent is obtained consistent with 34 CFR §300.300(a).
      3. (c) If a student is younger than school age or not in school, an IEP team member shall observe the student in an environment appropriate for a student of that age.

3. C. Assessment Materials.

   1. (1) A public agency shall ensure that testing and assessment materials and procedures used to assess a student's need for special education and related services are:

      1. (a) Technically sound; and
      2. (b) Provided and administered in the student's native language or other mode of communication, in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to provide or administer.

   2. (2) A standardized test administered to a student shall be:

      1. (a) Valid for the specific purpose for which it is used; and
      2. (b) Administered by trained and knowledgeable personnel in conformance with the instructions provided by the producer of the test.

   3. (3) Tests and other assessment materials are not limited to procedures designed to provide a single general intelligence quotient and include procedures tailored to assess:

      1. (a) Specific areas of educational need; and
      2. (b) The extent to which a student with limited English is a student with a disability, rather than measuring a student's English language skills.
   4. (4) The results of assessment procedures selected for use with a student with impaired sensory, manual, or speaking skills shall accurately reflect the student's aptitude or achievement level, and the other factors procedures purport to measure, rather than the student's impaired sensory, manual, or speaking skills, except when those skills are the factors that procedures purport to measure.

4. D. Report of Assessments.

   1. (1) A report of assessment procedures administered to a student in each area of suspected disability, as determined in accordance with Regulation .04 of this chapter, shall be available to the parents, consistent with Education Article, §8-405, Annotated Code of Maryland, and to the IEP team at the time of the evaluation.
   2. (2) Each report of assessment procedures shall be written, dated, and signed by the individual who conducted the assessment.

   3. (3) Each report of assessment procedures shall include:

      1. (a) A description of the student's performance in each area of suspected disability;
      2. (b) Relevant information in accordance with §B(2) of this regulation;
      3. (c) Instructional implications for the student's participation in the general curriculum or, for a preschool student, participation in appropriate activities; and
      4. (d) A description of the extent to which assessment procedures were not conducted under standard conditions, consistent with 34 CFR §300.304(c).

Authority: Education Article, §§2-205, 7-305, 8-301—8-307, 8-3A-01—8-3A-08, and 8-401—8-416;
Human Services Article, §§8-401—8-409; Labor and Employment Article, §§11-801 and 11-901 et seq.;
State Government Article §9-1607.1; Annotated Code of Maryland
Federal Statutory Reference: 20 U.S.C. §§1411—1416;
Federal Regulatory References: 34 CFR 99, 300, and 301

Effective date: March 5, 1975 (2:9 Md. R. 666)

Chapter revised effective June 25, 1975 (2:14 Md. R. 1020)

Regulation .15E amended effective August 18, 1976 (3:17 Md. R. 916)

Chapter revised effective May 19, 1978 (5:10 Md. R. 782)

Regulation .06F amended effective November 2, 1979 (6:22 Md. R. 1780); August 27, 1984 (11:17 Md. R. 1493)

Regulation .06G adopted effective July 13, 1979 (6:14 Md. R. 1209); amended effective June 27, 1980 (7:13 Md. R. 1280); June 7, 1983 (10:11 Md. R. 977); March 24, 1986 (13:6 Md. R. 683); June 30, 1986 (13:13 Md. R. 1493); April 6, 1987 (14:7 Md. R. 833); November 2, 1987 (14:22 Md. R. 2340)

Regulation .08 adopted effective October 25, 1982 (9:21 Md. R. 2107)

Annotation: COMAR 13A.05.01 cited in Attorney General Opinion No. 82-034 (November 18, 1982)

Chapter revised effective September 4, 1989 (16:17 Md. R. 1886)

Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective December 23, 1991 (18:25 Md. R. 2757)

Regulations .06—.11 repealed and new Regulations .06—.16 adopted effective December 23, 1991 (18:25 Md. R. 2757)

Regulation .12E amended effective March 29, 1993 (20:6 Md. R. 582)

Chapter, Programs for Students with Disabilities (Birth through Age 20), repealed and new chapter, Provision of a Free Appropriate Public Education, adopted effective July 1, 1999 (26:8 Md. R. 616)

Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .02A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530)

Regulation .03B amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530); May 16, 2011 (38:10 Md. R. 615); January 2, 2017 (43:26 Md. R. 1447); March 21, 2022 (49:6 Md. R. 405)

Regulation .04 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .05 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .05D amended effective January 2, 2017 (43:26 Md. R. 1447)

Regulation .06 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .06B amended effective November 8, 2004 (31:22 Md. R. 1596); January 2, 2017 (43:26 Md. R. 1447)

Regulation .06D amended effective May 16, 2011 (38:10 Md. R. 615)

Regulation .06D, E amended effective October 5, 2009 (36:20 Md. R. 1530)

Regulation .07 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .07A amended effective January 2, 2017 (43:26 Md. R. 1447)

Regulation .07A, C amended effective January 21, 2002 (29:1 Md. R. 24)

Regulation .07D amended effective May 16, 2011 (38:10 Md. R. 615)

Regulation .08 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .08A amended effective January 21, 2002 (29:1 Md. R. 24); October 5, 2009 (36:20 Md. R. 1530); January 2, 2017 (43:26 Md. R. 1447); October 9, 2017 (44:20 Md. R. 946)

Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 405)

Regulation .09 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .09A amended effective March 21, 2022 (49:6 Md. R. 405)

Regulation .09C amended effective October 5, 2009 (36:20 Md. R. 1530)

Regulation .09G adopted effective March 21, 2022 (49:6 Md. R. 405)

Regulation .10 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .10C amended effective October 5, 2009 (36:20 Md. R. 1530)

Regulation .11 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .12 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .12B amended effective January 21, 2002 (29:1 Md. R. 24)

Regulation .13A amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .13B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); October 5, 2009 (36:20 Md. R. 1530)

Regulation .14 amended effective January 21, 2002 (29:1 Md. R. 24)

Regulation .14B amended effective June 23, 2003 (30:12 Md. R. 789); May 7, 2007 (34:9 Md. R. 826); February 24, 2020 (47:4 Md. R. 262)

Regulation .15 amended effective May 7, 2007 (34:9 Md. R. 826)

Regulation .15C amended effective January 21, 2002 (29:1 Md. R. 24); June 23, 2003 (30:12 Md. R. 789); October 5, 2009 (36:20 Md. R. 1530)

Regulation .16 amended effective January 21, 2002 (29:1 Md. R. 24); May 7, 2007 (34:9 Md. R. 826)

Regulation .16A amended effective June 23, 2003 (30:12 Md. R. 789)

Regulation .16C amended effective May 16, 2011 (38:10 Md. R. 615)