Parental Rights

Each family of a child referred for eligibility for special education services in Maryland should receive a copy of the State’s formal procedural safeguards notice for the first time.

The formal procedural safeguards booklet includes an explanation the parental rights as established by the federal Individuals with Disabilities Education Act (IDEA) and the Code of Maryland Regulations (COMAR).

As a part of the Parental Rights Maryland Procedural Safeguards Notice, families are given contact information regarding who and where to call for information regarding their procedural safeguards. All Local Education Agencies (LEA) and Public Agencies (PA) have Family Support staff to help parents to understand their rights and navigate the special education process. Families must receive their Parental Rights Maryland Procedural Safeguards Notice:

• When their child is referred for special education services;
  
• At least yearly;
  
• On receipt of a written state complaint or due process complaint;
  
• When a decision is made to suspend a student with an IEP; and
  
• At parent request.

IN MARYLAND, FAMILIES HAVE A RIGHT TO:

Receive information in their native language

Maryland law requires that a student’s IEP be translated into the family’s native language if the language is spoken by more than one percent of the population in the school system. The Parental Rights Procedural Safeguards Notice is available in twenty-five different languages and is accessible for hearing families via audio and video. The Parental Rights Maryland Procedural Safeguards Notice is also available for visually impaired families on request.

Receive information about the IEP team decisions for their child’s educational program within a reasonable time before they are implemented.

Parents must have time to consider the changes proposed to their child’s educational program. This is called Prior Written Notice (PWN) because parents must receive notice before any changes to their child’s educational program are implemented. This includes changes to the identification, evaluation, placement, goals, accommodations, or services their child receives.

Access their child’s educational record and require that their information be kept confidential.

Families have the right to review their child’s educational record and request that it be corrected if they feel it contains inaccurate information. All LEAs and PAs should have policies and procedures for families to follow about amending student records. Parental consent is required before any personally identifiable information about their child is released, except in very few instances. Not every document about a child is considered part of their educational record, however, the information still must be kept confidential and cannot be released without a parent’s consent, with few exceptions. A child’s educational record will be destroyed at a specified period of time after they leave the school system, however, a parent may request documents from their educational record until it is destroyed. Transfer of a student’s records between public schools that the student has been, and will be attending, does not require parental consent and must be completed quickly.

Request that their school system pay for an Independent Educational Evaluation (IEE).

If a family disagrees with the results of an evaluation completed by the LEA or PA, they have the right to request that their child be evaluated by an independent evaluator not employed by the school system or agency, and have the LEA or PA fund the evaluation. The family can also request an IEE if they make a referral for a special education evaluation and there is no response from the student’s IEP team within specific timelines. When a family requests an IEE, the LEA or PA must respond within 30 days by either agreeing to fund the evaluation or requesting formal dispute resolution to defend their evaluation.

Expect that their children may have disciplinary protections.

The IDEA provides very specific and detailed procedures and protections for students with IEPs if the LEA or PA takes certain disciplinary actions. These protections apply to students who are:

• already eligible for services,
  
• students who are in the eligibility determination process, and
  
• those who are not eligible but but may be eligible for special education.

Retain the right to make special education decisions for their child.

In Maryland, special education decision-making rights remain with the parents when their child turns 18, except in specific cases. There are limited circumstances under which special education decision making rights may be transferred to the student. There is a process by which this takes place and criteria that must be met before the transfer of decision-making rights at the age of majority can take place.

Place their child in a private school, but not to expect the school system to automatically fund the placement.

Families must notify the LEA or PA before their decision to place their child in a private school if they disagree with the placement made by the IEP team, however, they cannot assume the LEA or PA will pay for that placement. Families can access dispute resolution processes such as mediation and/or a due process hearing to resolve their concerns and request funding for their child’s placement.

Have a surrogate appointed if there is no parent available.

If a student has no individual who meets the definition of a parent available to support the special education process, the LEA or PA may appoint a parent surrogate to act as the parent for that student. The parent surrogate may not be an employee of any State agency involved in the education or care of the child, like a social worker with the Department of Social Services who is working with the family, for example.

Consent to, or revoke consent for, many Special Education Processes. Parental consent is required to:

• Conduct individual assessments;
  
• Initiate special education services;
  
• Participate in the alternate academic achievement standards;
  
• Participate in the alternate state assessments; and
  
• Include the use of restraint or seclusion on their child’s IEP or behavior intervention plan.

Prior consent for any of these actions may be revoked by the family at any time.

Resolve disagreements about the identification, evaluation, educational placement, or the provision of a free, appropriate public education of your child.

Sometimes members of the IEP team may disagree about services or programming for a child. If disagreements occur, families have the right to seek any of the following processes: mediation, due process hearing, State Complaint.

Mediation: Mediation is a confidential, voluntary process for resolving disputes. A trained mediator helps the team express their views and understand each other’s position on the issue. The mediator’s role is to help the team members discuss the issues and come up with a solution. The mediator does not take a position, take sides, or recommend a solution.

Due Process Hearing: Due Process Hearing is a formal procedure held with an Administrative Law Judge. The parties present testimony and provide witnesses and evidence to support their positions. The role of the Administrative Law Judge is to conduct a hearing, and issue a decision that resolves the disagreement.

State Complaint: A State Complaint may be filed with the Maryland State Department of Education (MSDE) if a parent believes that a violation has occurred concerning a requirement of the Individuals with Disabilities Education Act (IDEA) or Maryland State law or regulations. When a State Complaint is filed, the MSDE is responsible for investigating the complaint and requiring changes (if needed to correct any violation.)

Maryland Procedural Safeguards Notice

For the Notice in other languages, visit this MSDE Site.