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.05.01.09(A)(3) and Md. Code Ann., Ed. § 8-405(b). 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 by the IEP team), 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, including a course of study designed to prepare the student for post-school life; and (3) identification of interagency responsibilities and linkages. At age 14, transition planning centers on the student's strengths, interests, and preferences, with a focus on the course of study and initial transition assessments. By age 16 (consistent with federal law), transition planning must include formal interagency coordination with linkages to Maryland's Division of Rehabilitation Services (DORS), the Developmental Disabilities Administration (DDA), the Behavioral Health Administration (BHA), and other agencies as appropriate. Students must be invited to IEP meetings whenever transition is discussed; if the student cannot attend, the LEA must take other steps to ensure the student's preferences, interests, and strengths are considered (COMAR 13A.05.01.07(B); 34 CFR 300.321(b)). Agency representatives from DORS, DDA, or other agencies likely to be responsible for providing or paying for transition services must be invited to participate, with parent (or adult student) consent (34 CFR 300.321(b)(3)). At age 18, all educational rights transfer to the student unless a legal guardian, limited guardian, or educational decision-maker has been appointed under Maryland law; the LEA must notify both student and parents of this transfer at least one year before the student turns 18 (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). Maryland's transition framework also includes the Maryland Seamless Transition Collaborative (MSTC), which coordinates transition services across education, vocational rehabilitation, and health agencies. Maryland MSDE publishes transition planning guides and hosts the annual Maryland Secondary Transition Conference for educators and families.