Special Education and IEP Rights for Kinship Caregivers in Washington

The school wants to evaluate the child for special education services, or the child already has an IEP and an annual review is coming up. You are the relative caregiver, not the parent. Can you sign the consent forms? Can you sit at the IEP table and make decisions?

In Washington, the answer is yes — and you do not need a court order or a power of attorney to do it.

WAC 392-172A Defines "Parent" Broadly

Washington's special education regulations implement the federal Individuals with Disabilities Education Act (IDEA) through WAC 392-172A. The definition of "parent" at WAC 392-172A-01125(1)(d) explicitly includes an individual acting in place of a biological or adoptive parent — including a grandparent, stepparent, or other relative with whom the student lives, or an individual who is legally responsible for the student's welfare.

If the child lives with you and the biological parent is not stepping forward to exercise educational rights, you are the parent for special education purposes. No additional documentation is required beyond what established the child's enrolment.

What You Can Do as the IEP "Parent"

Full procedural authority under special education law:

• Request an initial evaluation for a suspected disability
• Provide written consent for evaluations, re-evaluations, and the provision of special education services
• Participate as an active IEP team member in developing the Individualized Education Program
• Receive Prior Written Notice (PWN) about proposed changes to the child's placement or services
• Request an Independent Educational Evaluation (IEE) at public expense if you disagree with the district's evaluation
• Initiate mediation or file a due process hearing complaint under WAC 392-172A-05000

You also have authority over Section 504 accommodations — if the child has a physical or mental impairment that does not qualify for an IEP but needs accommodations, you can authorise the 504 plan.

The Biological Parent Override

There is one condition where your authority yields. Under WAC 392-172A-01125(2)(a), a biological or adoptive parent is presumed to hold primary educational authority if they actively step forward to exercise it — unless a court has restricted their educational rights.

In practice, this matters only when a parent who has been absent reappears and wants to take over IEP decisions. If the parent shows up at a meeting and asserts their rights, the district defers to the parent unless a court order says otherwise. If the parent remains uninvolved, you continue acting as the parent.

The Surrogate Parent Backstop

If no parent or relative can be identified or located, or if the student is a ward of the state, the district must appoint a Surrogate Educational Parent under WAC 392-172A-05130 within 30 days. This is a district-appointed volunteer who stands in the parent role for special education decisions.

As a kinship caregiver living with the child, you do not need a surrogate — you already qualify as the parent. But if the district tries to appoint one instead of recognising your authority, cite WAC 392-172A-01125(1)(d) and point out that you are the resident relative.

School Medication and Health-Related IEP Services

If the IEP includes health-related services — a nurse administering daily medication, for example — RCW 28A.210.260 requires a medication authorisation form signed by both a licensed healthcare practitioner and the caregiver. Your RCW 7.70.065 health declaration establishes the medical consent piece; the school's medication form is the separate administrative piece. Both need to be on file.

Our Washington School and Medical Consent Guide covers the intersection of school authority and medical consent — including the forms for both, and what to do when a district does not recognise your standing at the IEP table.

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