Maryland Kinship Care IEP and Special Education Rights

A child with an IEP moves in with a grandparent, and the school says the grandparent can't attend the next IEP meeting because they're "not the parent." That's wrong under Maryland law — and under federal law too.

If you hold a valid informal kinship care affidavit under Education § 7-101(c), you have full IDEA rights for that child. Here's what that means in practice.

Kinship Caregivers Are "Parents" Under IDEA

The federal Individuals with Disabilities Education Act defines "parent" broadly. It includes a biological parent, a legal guardian, a foster parent, and — critically — a relative with whom the child lives who is acting in the place of a parent. Maryland's COMAR 13A.05.01 follows this federal definition.

When you hold a valid school enrollment affidavit under Education § 7-101(c)(8), you make the full range of educational decisions for the child. That includes all special education decisions.

There's one exception: if a court has specifically appointed someone else as the child's educational decision-maker, that court order takes priority. If no such order exists, you're the decision-maker.

What You Can Do at IEP Meetings

With a valid affidavit, you have the same rights at an IEP meeting that a parent would:

• Request an initial evaluation. If you suspect the child has a disability that affects learning, you can submit a written request to the school asking for a formal special education evaluation. The school must respond within the IDEA timelines.
• Consent to evaluations and re-evaluations. The school needs your signed consent before testing the child. You sign — not a parent who isn't present.
• Participate as the primary decision-maker. You sit at the IEP table alongside the teachers, specialists, and administrators. Your input on the child's needs, goals, and services carries the same weight as a parent's.
• Accept or reject a proposed IEP. After the team drafts the IEP, you can approve it, request changes, or reject it.
• Request Section 504 accommodations. If the child doesn't qualify for an IEP but needs accommodations (extra time on tests, a quiet workspace, movement breaks), you can request a 504 plan.
• File for due process or mediation. If you disagree with the school's evaluation, placement, or services, you can file for a due process hearing or request mediation — the same remedies available to any parent.

What Happens If a Parent Reappears

Here's where it gets complicated. Education § 7-101(c)(10) says the natural parent retains ultimate decision-making authority. If a parent shows up at an IEP meeting and disagrees with the plan you've been building, the parent's decision controls.

The caregiver's affidavit does not replace the natural parent's ultimate decision-making authority.

If there's a conflict between you and a parent over special education decisions and neither of you is willing to yield, the school district may request appointment of an Educational Surrogate Parent to represent the child's educational interests independently.

Transferring IEP Records in a Kinship Placement

When a child with an existing IEP moves into your home from another school district (or another state), the new school must:

1. Provide comparable services immediately — they can't put the child's IEP on hold while they "review" it
2. Request the records from the previous school
3. For a same-state transfer, in consultation with you, continue comparable services until the district adopts the prior IEP or develops, adopts, and implements a new one. For an out-of-state transfer, the district must complete any evaluation it determines is needed and develop, adopt, and implement a new IEP if appropriate. Federal law does not set a 30-day deadline for this transfer process.

Bring whatever documentation you have from the child's previous school. If you have nothing, tell the new school that the child had an IEP and request a records transfer. The sending school is required to forward records to the receiving school promptly.

Free Advocacy Resources

Navigating special education can be overwhelming, especially when you're already managing the kinship affidavit paperwork. Two Maryland organizations provide free help:

• Parents' Place of Maryland (PPMD) at (800) 394-5694 — free advocacy, training, and support for families navigating IEPs and 504 plans. They can attend IEP meetings with you.
• Disability Rights Maryland — provides legal advocacy when schools deny services or fail to follow the IEP.

Our Maryland School and Medical Consent Guide covers special education rights in the context of kinship care and includes a chapter on navigating the full range of educational decisions — from enrollment through IEP participation and beyond.

See more Maryland guides →