Special Education, IEP, and 504 Rights for Caregivers in Massachusetts

Caregivers Have Full Special Education Standing

If you are raising a child with a disability or suspected disability in Massachusetts and hold a valid Caregiver Authorization Affidavit under M.G.L. c. 201F, you have clear legal standing to make special education decisions. The affidavit explicitly delegates educational authority, and under Massachusetts Special Education Regulations (603 CMR 28.02), a "parent" for special education purposes includes a person acting as a parent of the child — which is exactly what a relative caregiver is.

This means you can:

• Consent to initial special education evaluations
• Attend and participate in Team meetings
• Review and sign Individualized Education Programs (IEPs)
• Approve or reject Section 504 accommodation plans
• Consent to re-evaluations
• File complaints with the Bureau of Special Education Appeals (BSEA)

You Probably Do Not Need an Educational Surrogate Parent

Massachusetts runs a Special Education Surrogate Parent (SESP) Program through DESE. SESPs are trained volunteers appointed to make special education decisions for children who are in state custody (DCF) or whose parents cannot be identified or located.

Here is the key distinction: if you are an active relative caregiver with a valid c. 201F affidavit, the school district should recognize you as the educational decision-maker. An SESP appointment is unnecessary — and legally disfavored — when a willing, active kinship caregiver is already acting as the parent. The SESP program exists to fill a gap that does not exist when a relative caregiver is present and authorized.

If a school suggests appointing an SESP despite your involvement, point to your affidavit and the 603 CMR 28.02(15) definition of "parent." You have standing; the SESP fills a different role.

Even Without the Affidavit

Under 603 CMR 28.02(15), the definition of "parent" for special education purposes includes "a person acting as a parent of the child (such as a relative caregiver with whom the child lives)." This means that even if you have not yet obtained the formal affidavit, a school district should recognize your standing for IEP and 504 meetings if the child lives with you and you are acting in a parental role.

That said, the affidavit eliminates ambiguity. With it in hand, you have clear written evidence of the educational authority delegated under c. 201F.

What to Bring to an IEP Meeting

• Your executed Caregiver Authorization Affidavit
• Any prior IEP or 504 plan from the child's previous school
• Medical documentation relevant to the child's condition
• Notes on what you have observed at home — behavior, learning challenges, medication effects

Under FERPA and Massachusetts student record regulations (603 CMR 23.00), you have the right to inspect and receive copies of all educational records, including special education files.

The Massachusetts School and Medical Consent Guide includes a chapter on special education rights, the SESP program, and how to prepare for your first Team meeting as a kinship caregiver.

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