Vermont IEP Meeting Grandparent and Special Education Rights

Can a Grandparent Attend an IEP Meeting in Vermont?

Yes, but attending and having decision-making authority are two different things. A grandparent or relative caregiver may be invited to attend an IEP meeting as a guest or support person. Whether you can participate as the child's educational decision-maker depends on your legal status.

Under the Individuals with Disabilities Education Act (IDEA), the definition of "parent" for special education purposes includes a biological or adoptive parent, a foster parent, a guardian authorized to make educational decisions, a person acting in place of the parent (in loco parentis) with whom the child lives, or a court-appointed surrogate parent.

If you're a relative caregiver raising the child and living with them, you may qualify as someone acting "in loco parentis" — especially if no birth parent is exercising active legal authority. Whether a school district recognizes this varies. Some districts accept it readily; others want formal documentation.

What You Can Do Without Formal Authority

For routine school communication, most districts will work with the adult who shows up. You can attend parent-teacher conferences, receive daily notices and progress reports, sign routine permission slips for field trips and school activities, and communicate with the child's teachers about homework, behavior, and daily needs.

These day-to-day interactions don't require formal legal authority. Schools generally recognize that the person physically raising the child needs to be involved.

Where the Limits Hit: IEPs and Special Education

Special education decisions are where legal authority matters most. IDEA requires parent consent for an initial special education evaluation and the initial provision of special education services. The parent is an IEP team member and must be included in meetings about identification, evaluation, placement, and the provision of a free appropriate public education, but IDEA does not require new parent consent for every later IEP or placement change.

If the birth parent is involved and available, they retain these rights regardless of where the child lives. If the birth parent is missing, incarcerated, or otherwise not exercising educational authority, the school should determine whether you qualify as the child's parent for special education purposes.

FERPA and School Records Access

Under the Family Educational Rights and Privacy Act (FERPA), "parent" includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. A grandparent or other caregiver acting in the parent's absence may therefore be considered a parent for access to school records.

In practice, a parent's written authorization granting you access to the child's school records may resolve this. If a parent is unavailable to sign a release, explain that you are acting as a parent in the parent's absence; the school may ask for information to determine whether you qualify under FERPA. If you do not qualify, formal legal authority may be needed to compel access.

Surrogate Parents for Special Education

IDEA requires procedures to assign a surrogate parent when no parent can be identified, the public agency cannot locate a parent after reasonable efforts, or the child is a ward of the State. For an unaccompanied homeless youth, the local educational agency must appoint a surrogate. A parent's lack of involvement alone does not automatically require an appointment. The surrogate represents the child's educational interests in matters covered by IDEA.

If you're raising a relative's child and the parents aren't involved, ask the school's special education director whether a surrogate parent appointment is appropriate. This is a formal process that gives you recognized authority within the special education system.

The Vermont Family Network provides free assistance navigating special education rights and IEP meetings for kinship families.

Getting Authority for Educational Decisions

If you need full educational decision-making authority and can't rely on in loco parentis status, custodial minor guardianship through the Probate Division (14 V.S.A. § 2621 et seq.) grants explicit authority over all educational decisions including special education. Legal Services Vermont (1-800-889-2047) can help evaluate whether guardianship is necessary or whether your current status is enough.

Get the Full Guide to School and Medical Authority

Our Vermont School and Medical Consent Guide covers special education rights alongside school enrollment, medical consent, and the full spectrum of legal authority options. It includes a document checklist to bring to your next school meeting and a directory of free Vermont resources including the Vermont Family Network.

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