Transition Age Rights in Maryland
What are the transition age rights for IEP students in Maryland?
Maryland's transition planning framework begins at age 14, two years earlier than the federal minimum of age 16, as required by COMAR 13A.05.01.09A(3) and Md. Code Ann., Ed. § 8-405. This is one of Maryland's most significant enhancements to the federal IDEA baseline. Beginning with the IEP in effect when a student turns 14 (or younger if determined appropriate), the IEP must include: (1) appropriate measurable postsecondary goals based on age-appropriate transition assessments in training, education, employment, and where appropriate, independent living; (2) transition services and activities needed to reach those goals; and (3) a course of study designed to prepare the student for adult life. By age 16 (consistent with federal law), transition planning must include formal interagency coordination, with linkages to Maryland DORS (Division of Rehabilitation Services) and DDA (Developmental Disabilities Administration) as appropriate. Students must be invited to IEP meetings when transition is discussed; if the student cannot attend, the LEA must take other steps to ensure the student's preferences and interests are considered (COMAR 13A.05.01.07B; 34 CFR 300.321(b)). Agency representatives from DORS, DDA, or other agencies likely to be responsible for providing transition services must be invited to participate. At age 18, all educational rights transfer to the student unless a legal guardian, limited guardian, or surrogate parent has been appointed; the LEA must notify both student and parents of this transfer at least one year before it occurs (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.320(c)). FAPE eligibility in Maryland continues through age 21 (Md. Code Ann., Ed. § 8-403).
What Maryland Requires
Transition planning must begin at age 14 — two years earlier than the federal minimum of 16 (COMAR 13A.05.01.09A(3); Md. Code Ann., Ed. § 8-405).
At age 14, the IEP must include measurable postsecondary goals based on transition assessments, a course of study, and transition services (COMAR 13A.05.01.09A(3)).
At age 16, interagency coordination with DORS, DDA, and other relevant agencies must be formally incorporated (34 CFR 300.320(b)(3)).
Students must be invited to IEP meetings when transition is discussed; if unable to attend, their preferences must otherwise be obtained (COMAR 13A.05.01.07B; 34 CFR 300.321(b)).
The LEA must notify the student and parents of the rights transfer at least one year before the student turns 18 (34 CFR 300.320(c); Md. Code Ann., Ed. § 8-412.1).
FAPE eligibility continues through age 21 in Maryland (Md. Code Ann., Ed. § 8-403).
Key Timelines
Age 14: transition planning begins with postsecondary goals, course of study, and transition services (COMAR 13A.05.01.09A(3)).
Age 16: interagency coordination and formal transition services required (34 CFR 300.320(b)).
Age 17 (at least one year before age 18): student and parents must be notified of rights transfer (34 CFR 300.320(c)).
Age 18: educational rights transfer to the student (Md. Code Ann., Ed. § 8-412.1).
Age 21: FAPE eligibility ends (Md. Code Ann., Ed. § 8-403).