Maryland Code
Md. Code Ann., Educ. § 8-401 (2026)
§ 8-401
✓ current as of May 2026
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§8–401.
(a) (1) In this subtitle the following words have the meanings indicated.
(2) “Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf–blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment, including blindness, and who because of that impairment needs special education and related services.
(3) “Free appropriate public education” means special education and related services that:
(i) Are provided at public expense, under public supervision and direction, at no cost to the parents;
(ii) Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(iii) Includes preschool, elementary, and secondary education; and
(iv) Are provided in conformance with the requirements of the child’s individualized education program.
(4) (i) “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.
(ii) “Related services” includes the early identification and assessment of disabling conditions in children.
(iii) “Related services” does not include a surgically implanted medical device or the replacement of the device.
(5) “Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:
(i) Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(b) In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.
(a) (1) In this subtitle the following words have the meanings indicated.
(2) “Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf–blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment, including blindness, and who because of that impairment needs special education and related services.
(3) “Free appropriate public education” means special education and related services that:
(i) Are provided at public expense, under public supervision and direction, at no cost to the parents;
(ii) Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(iii) Includes preschool, elementary, and secondary education; and
(iv) Are provided in conformance with the requirements of the child’s individualized education program.
(4) (i) “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.
(ii) “Related services” includes the early identification and assessment of disabling conditions in children.
(iii) “Related services” does not include a surgically implanted medical device or the replacement of the device.
(5) “Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:
(i) Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(b) In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1994–2025 · leading case: M.L. Ex Rel. Leiman v. Smith, 867 F.3d 487 (4th Cir. 2017).
M.L. Ex Rel. Leiman v. Smith, 867 F.3d 487 (4th Cir. 2017). “See Md. Code Ann., Educ. § 8-401 et seq.: Md.”
Reusch v. Fountain, 872 F. Supp. 1421 (D. Maryland 1994). “See Md.Code Ann., Educ. §§ 8-401 to -417.6 (1992), and its implementing regulations, COMAR § 13A.”
M.M. ex rel. J.M. v. Foose, 165 F. Supp. 3d 365 (D. Maryland 2015). “, and its Maryland corollary, Md.Code Ann., Educ. §§ 8-401 et seq. Plaintiffs previously filed a due process complaint with the Maryland Office of Administrative Hearings (“OAH”), seeking tuition reimbursement and placement of M.”
King v. Bd. of Educ. of Allegany Cnty., 999 F. Supp. 750 (D. Maryland 1998). “At the state level, the IDEA is implemented by Md.Code Ann., Educ. § 8-401 (1996) et seq.”
Jones v. Bd. of Educ. of Washington Cnty., 15 F. Supp. 2d 783 (D. Maryland 1998). “§ 1983 ; Md.Code Ann., Educ. § 8-401 et seq.; and the Fifth and Fourteenth Amendments to the U.”
G.M. v. William J. Barnes (4th Cir. 2024). “§ 1401(3)(A); see also Md. Code Ann., Educ. § 8-401 (a)(2). We consider each relevant element—“specific learning disabilities,” “other health impairments,” “special education,” and “by reason thereof, needs”—below.”
Miller v. Bd. of Educ. of Caroline Cnty., 690 A.2d 557 (Md. Ct. Spec. App. 1997). “Md.Code Ann., Educ. § 8-401(a)(l) (1997 RepLVol.”
S.S. v. Bd. of Educ. of Harford Cnty. (D. Maryland 2020). “(“IDEA”), and Md. Code Ann., Educ. § 8-401 et seq. Plaintiffs also allege violations of Section 504 of the Rehabilitation Act of 1973, 29 U.”
G.R.M. v. Martirano (D. Maryland 2021). “See Md. Code Ann., Educ. §§ 8-401 ef seq.; Md.”
A.B. v. McKnight (D. Maryland 2025). “§ 1412 (a); Md. Code, Educ. §§ 8-401 et seg.; Md. Code Regs.”
— Md. Code Ann., Educ. § 8-401(a)(l) — 1 case
Miller v. Bd. of Educ. of Caroline Cnty., 690 A.2d 557 (Md. Ct. Spec. App. 1997). “Md.Code Ann., Educ. § 8-401(a)(l) (1997 RepLVol.”
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