IEP Parent Rights in Maryland
What are your rights as a parent in the IEP process in Maryland?
Maryland's parental rights in special education are established under COMAR 13A.05.01.11 (procedural safeguards notice), COMAR 13A.05.01.12 (prior written notice), COMAR 13A.05.01.13 (consent), and Md. Code Ann., Ed. § 8-412 et seq. Parents must provide informed written consent before the LEA may: (1) conduct an initial evaluation, (2) provide special education and related services for the first time (initial IEP implementation), or (3) conduct a reevaluation when the LEA proposes new assessments (COMAR 13A.05.01.13; 34 CFR 300.300). Parents may revoke consent for special education services in writing at any time; upon revocation, the LEA must provide prior written notice, then discontinue services — the child is no longer considered a child with a disability and loses IDEA protections (34 CFR 300.300(b)(4)). Parents have the right to participate as equal members of the IEP team in all meetings regarding identification, evaluation, eligibility, educational placement, and the provision of FAPE (COMAR 13A.05.01.07; 34 CFR 300.321). IEP meetings must be scheduled at mutually agreeable times and places, with written notice provided sufficiently in advance to ensure the parent can attend (COMAR 13A.05.01.07(D); 34 CFR 300.322(a)). Maryland is an all-party consent state for audio recording under Md. Code Ann., Cts. & Jud. Proc. § 10-402 — all parties to a communication must consent before it may be intercepted or recorded. This means parents must obtain consent from all IEP team members (including school personnel) before audio recording any IEP meeting; recording without consent is a criminal offense. Prior written notice (PWN) must be provided a reasonable time before any proposed change or refusal to change identification, evaluation, educational placement, or the provision of FAPE (COMAR 13A.05.01.12; 34 CFR 300.503). Parents must receive the procedural safeguards notice (Maryland Parental Rights brochure) once per year, at initial referral for evaluation, upon parent request, upon filing a state complaint, and upon filing a due process complaint (COMAR 13A.05.01.11; 34 CFR 300.504). MSDE publishes the Maryland Procedural Safeguards Notice in English, Spanish, and other languages. Parents have the right to examine all educational records, participate in meetings, and obtain an IEE at public expense when they disagree with the LEA's evaluation (COMAR 13A.05.01.14). At age 18, educational rights transfer to the student unless a legal guardian, limited guardian, or educational decision-maker has been appointed (Md. Code Ann., Ed. § 8-412.1).
What Maryland Requires
Written parental consent is required before initial evaluation, initial IEP implementation, and reevaluation involving new assessments (COMAR 13A.05.01.13; 34 CFR 300.300).
Maryland is an all-party consent state for audio recording: all IEP meeting participants (school personnel and parents) must consent before recording; recording without consent is a criminal offense (Md. Code Ann., Cts. & Jud. Proc. § 10-402).
Prior written notice (PWN) must be provided a reasonable time before any proposed or refused change in identification, evaluation, placement, or FAPE (COMAR 13A.05.01.12; 34 CFR 300.503).
Parents have the right to participate as equal members of the IEP team in all relevant meetings, scheduled at mutually agreeable times and places (COMAR 13A.05.01.07; 34 CFR 300.321, 300.322).
Parents may revoke consent for special education services at any time in writing; the LEA must provide PWN and then stop services (34 CFR 300.300(b)(4)).
The procedural safeguards notice must be provided once annually, at initial referral, upon request, and when a complaint or due process hearing is filed (COMAR 13A.05.01.11; 34 CFR 300.504).
Parents have the right to examine all educational records and to obtain an IEE at public expense when they disagree with the LEA's evaluation (COMAR 13A.05.01.14; 34 CFR 300.502).
MSDE publishes the Maryland Procedural Safeguards Notice in English, Spanish, and other languages (COMAR 13A.05.01.11).
Key Timelines
Prior written notice must be provided a reasonable time before implementing any proposed change (COMAR 13A.05.01.12; 34 CFR 300.503).
Procedural safeguards notice provided once per year, at initial referral, upon request, and upon filing (COMAR 13A.05.01.11; 34 CFR 300.504(a)).
At age 18, educational rights transfer from parents to the student unless a guardian or educational decision-maker is appointed (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.520).
Parents must receive evaluation reports and draft IEP at least 5 business days before any eligibility or IEP meeting (COMAR 13A.05.01.07(D)).
Sources
Related IEP Guides
Your IEP Rights: What Schools Must Do
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Prior Written Notice: The Most Powerful IEP Tool You're Not Using
Learn what Prior Written Notice (PWN) is, when schools must provide it, the 7 required elements, and how to use PWN as leverage in the IEP process.
Your Parent Concerns Statement Has Legal Weight — Here's How to Use It
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