Hello,
Thank you for your continued support for special education reform within PGCPS. Your support and willingness to sign are appreciated. Over the past several months, we have filed state complaints against the Maryland State Department of Education due to its failures as a State Education Agency (SEA). A state education agency is the state's agency that is responsible for the execution, monitoring, and oversight of the Individuals with Disabilities Education Act. Despite numerous allegations being changed or removed to benefit the state's investigation outcomes, we received findings.
Additionally, findings against PGCPS were obtained, and a new corrective action plan was ordered. To limit the length of the email, we will not copy and paste all the language from the complaints or findings; however, we want you to know that we all have a vital role in special education reform. When collaboration and partnerships are not prioritized, families and community members often resort to administrative remedies to achieve meaningful change.
With your continued support as the legislative session approaches, you will partner with us to make Maryland Public Schools one of the top special education systems in the country, prioritizing student-centered outcomes. This will involve families and school-based teams working in harmony to build bridges to a brighter future, while acknowledging the failures of the systems we trust to care for our students.
MSDE special education complaint 26-046:
"DISCUSSION/CONCLUSIONS:
ALLEGATION #1 FAILURE TO ENSURE COMPLETION OF CORRECTIVE ACTION/FAILURE TO ISSUE COMPLAINT DECISIONS WITHIN 60 DAYS/FAILURE TO IDENTIFY PROCESS FOR APPEALING STATE COMPLAINT DECISIONS
The complainant alleges that MSDE did not ensure that PGCPS completed the corrective action ordered in multiple complaints, failed to issue complaint decisions within 60 days, and failed to identify the process for appealing state complaint decisions. Under 34 CFR § 300.100 (Eligibility for Assistance), a State is eligible for assistance under Part B of the IDEA if the state submits a plan providing assurances to the Secretary of Education that the state has policies and procedures in effect to meet the conditions in §§ 300.101 through 300.176. 34 CFR § 300.601 (State Performance Plans and Data Collection) requires each state is required to provide a performance plan that evaluates the state's efforts to implement Part B and describes how this implementation be improved. 34 CFR § 300.603 and 300.604 discuss the processes for reviewing performance plans and enforcing these requirements. 34 CFR § 300.149 requires MSDE to have policies and procedures in place to make sure that all requirements of the IDEA are carried out by school districts and that monitoring and enforcement is carried out under 34 CFR § 300.600.
Additionally, 34 CFR § 300.152 requires that when the state education agency (SEA) finds a failure to provide appropriate services, an SEA, pursuant to its general supervisory authority under Part B of the Act, must address both the failure to provide appropriate servicers, including corrective action appropriate to address the needs of the child, and the appropriate future provision of services for all children with disabilities.
While there have undoubtedly been challenges for many LEAs, particularly around staffing, OSEP has always been clear that such challenges do not mitigate an LEA's obligation to satisfy IDEA requirements, including the completion of corrective action within one year.
Based on Findings of Fact #1 and #4, the independent investigator finds a violation with respect to this portion of the allegation. As a result of this finding, MSDE is to review its enforcement procedures to ensure compliance with 34 CFR § 300.600(e). This should be completed no later than January 15, 2026, and must ensure that outstanding corrective action is completed no later than April 1, 2026.
34 CFR § 300.152 requires SEAs to issue complaint decisions within 60 days of the time the complaint is filed, absent exceptional circumstances with respect to a specific complaint or an agreement between the parties to extend the complaint timeline to pursue mediation or local resolution. While "exceptional circumstances" is not defined in the regulation, it has generally been interpreted as things such as major weather events, pandemics, and large-scale events beyond anyone's control. The Office of Special Education Programs has consistently held that conditions such as staffing shortages or school breaks do not qualify as "exceptional circumstances."
Based on Finding of Fact #2, the independent investigator finds a violation with respect to this portion of the allegation. As a result of this finding, MSDE is ordered to review its internal practices to determine reasons why final orders are not always issued within the 60-day period and to take any necessary steps to remedy this issue."
In partnership with students, teachers, and families, we are the change.
You can contact your state Senators and Delegates to share your story and demand change.
https://mgaleg.maryland.gov/mgawebsite/members/district