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, COMAR 13A.05.01.12, COMAR 13A.05.01.13, and Md. Code Ann., Ed. § 8-412 et seq. Parents must provide informed written consent before the LEA may conduct an initial evaluation, implement an initial IEP, or conduct a reevaluation (when the LEA proposes one beyond the standard triennial) (COMAR 13A.05.01.13; 34 CFR 300.300). Parents may revoke consent for services in writing at any time; the LEA must discontinue services but is not required to amend the IEP (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, and placement (COMAR 13A.05.01.07; 34 CFR 300.321). IEP meetings must be scheduled at mutually agreeable times and places, with written notice provided early enough to ensure attendance (COMAR 13A.05.01.07D; 34 CFR 300.322(a)). Maryland is an all-party consent state for audio recordings under Md. Code Ann., Cts. & Jud. Proc. § 10-402 — all parties to a conversation must consent before it may be recorded. This means parents must obtain consent from all IEP team members (school personnel) before recording IEP meetings. Prior written notice (PWN) must be provided before any proposed change in identification, evaluation, or placement (COMAR 13A.05.01.12; 34 CFR 300.503). Parents must receive the procedural safeguards notice once per year, at initial referral, upon request, and upon filing a complaint or due process request. Maryland provides a Parental Rights brochure through MSDE translated into multiple languages.
What Maryland Requires
Written parental consent is required before initial evaluation, initial IEP implementation, and certain reevaluations (COMAR 13A.05.01.13; 34 CFR 300.300).
Maryland is an all-party consent state for audio recording: all IEP team members (school personnel) must consent before a meeting can be recorded (Md. Code Ann., Cts. & Jud. Proc. § 10-402).
Prior written notice (PWN) must be provided before any proposed change in identification, evaluation, classification, or placement (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 (COMAR 13A.05.01.07; 34 CFR 300.321).
Parents may revoke consent for special education services at any time in writing; the LEA must stop services upon revocation (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).
Key Timelines
Prior written notice must be provided 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 surrogate parent is appointed (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.520).