Parental Consent Under Maryland Law


Maryland State Department of Education DSE/EIS Technical Assistance Bulletin
August 31, 2017

On April 10, 2017, the Maryland General Assembly passed Senate Bill 710, which amended Education Article §8-405(f) to require that an individualized education program (IEP) team must obtain the written consent of a parent if it proposes certain actions. The new law takes effect on July 1, 2017, and the Maryland Online IEP has been updated to reflect its provisions.

Maryland law now requires that an IEP team must obtain the written consent of a parent if the team proposes to:
1) Enroll the child in an alternative education program that does not issue or provide credits toward a Maryland High School Diploma;
2) Identify the child for the alternative education assessment aligned with the State’s alternative curriculum; or
3) Include restraint or seclusion in the IEP to address the child’s behavior as described in COMAR 13A.08.04.05 (Md. Code Ann., Educ. §8-405(f)(1)).

Read the Technical Assistance Bulletin for more information, questions and answers, and a sample parental consent form.

Read the Special Education Fact Sheet: Changes in the Maryland Law Regarding Parental Consent in the IEP Process.