Parent Consent – Alternate Ed/Assessment and Seclusion & Restraint

MSDE has issued a new Technical Assistance Bulletin regarding Parental Consent under Maryland Law for children who receive special education services through an IEP.

This new Bulletin addresses questions related to new parental consent requirements under Maryland law, which for these provisions exceeds Federal law; and these consents must now be provided on an annual basis.

Now under Maryland law, an IEP team must obtain yearly written consent of a parent if the team proposes to:

  1. Enroll the child in an alternative education program that does not provide or issue credits toward a Maryland High School Diploma (that is, if the child is expected to receive a Certification of Completion rather than a Diploma, which affects 1-5 % of students with special needs), or
  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 a child’s behavior (independent of that necessary in emergencies or to protect the child or others fro imminent, serious, physical harm)

The Bulletin was originally issued in June 2017, and a subsequent revision was issued in November. A PDF copy of the Bulletin can be downloaded here:  MDTABulletinParentalConsentUnderMdLaw112017

For more information on this and other publications issued by MSDE, please go to