Indiana IEP Meeting Grandparent Rights: Special Education for Kinship Caregivers

The school wants to hold a Case Conference Committee meeting about the child in your care, and you're not sure whether you're allowed to participate — or whether anyone will listen to you if you do. As a kinship caregiver in Indiana, you have real standing in the special education process.

Your Legal Authority in Special Education

Indiana's special education rules (511 IAC 7-32-70) define "parent" for IEP purposes in a strict hierarchy:

1. Biological or adoptive parent
2. Foster parent (unless prohibited by court order)
3. Court-appointed guardian with educational decision-making authority
4. An individual acting in place of a parent — including a grandparent, stepparent, or relative with whom the child lives — who has assumed primary care responsibilities
5. An Educational Surrogate Parent appointed by the school corporation or juvenile court

If you're a grandparent or relative raising a child full-time and no biological parent is appearing to assert their authority, you fall into category 4. That means you can:

• Attend and participate in Case Conference Committee (CCC) meetings (Indiana's term for the IEP team)
• Consent to initial evaluations and re-evaluations
• Approve or reject the child's Individualized Education Program
• Request procedural safeguards if you disagree with the school's decisions
• Access the child's educational records

One catch: if a biological parent shows up and reasserts their authority, they take priority. But in most kinship situations — where the parent is incarcerated, in treatment, or absent — you're the decision-maker.

504 Plans

Section 504 has its own process. The IDEA definition of "parent" above does not by itself establish who can make decisions under Section 504, so ask the school's 504 coordinator what authority or documentation is needed for your situation.

Free Advocacy Support

You don't have to navigate IEP meetings alone. Two Indiana organizations provide free help:

IN*SOURCE (1-800-332-4433, insource.org): Indiana's parent training and information center for special education. They offer free advocates who can attend CCC meetings with you, help you understand evaluation results, and explain your procedural rights. They also run workshops on special education law.

Indiana Disability Rights (1-800-622-4845, indianadisabilityrights.org): The state's designated protection and advocacy agency. If the school is violating the child's IEP, denying services, or refusing to evaluate, IDR provides legal representation.

What to Bring to the Meeting

Prepare for the CCC meeting the way you'd prepare for any appointment where your authority might be questioned:

• Your copy of the parental power of attorney (IC 29-3-9-1) or the school's Form II custodial statement — whichever established your enrollment authority
• The child's current IEP or 504 plan (if one exists from a prior school)
• Notes on the child's needs, behaviors, and any changes since the last evaluation
• Questions about accommodations, services, and classroom supports

If the child transferred from another district, give the new school a copy of the current IEP and ask how it will handle the existing plan while it reviews the records.

Age of Majority

Under 511 IAC 7-43-5, all special education parental rights transfer to the student when they turn 18, unless a court has appointed a legal guardian or the student executes a formal educational representative designation. If the child in your care is approaching 18, plan that transition — the Transition IEP (required by age 14 or 9th grade, whichever comes first) should address it.

For more on establishing your authority to make school and medical decisions for a child in your care, the Indiana School and Medical Consent Guide covers the full range of consent instruments and how they intersect with the school system.

See more Indiana guides →