Maryland Supported Decision-Making in Education Transition and IEP Planning

Where SDMAs and IEPs Intersect

Maryland's 2022 Supported Decision-Making Act (Estates and Trusts §§ 18-101 to 18-109) created a formal framework for adults with disabilities to make their own decisions with structured support. But for families navigating the transition from school to adulthood, the most immediate question is practical: does the school have to recognize an SDMA, and how does it fit into IEP transition planning?

The answer involves two intersecting legal systems — special education law (IDEA and COMAR) and the SDM statute — and a state-specific rule that makes Maryland different from almost every other state.

Maryland's Education Rights Non-Transfer Rule

In most states, educational decision-making rights automatically transfer from parents to the student at age 18. Maryland is an exception. Under Education Article § 8-412.1 and COMAR 13A.05.01.09, parents naturally retain IEP decision-making authority even after the student turns 18. Rights transfer only under narrow, documented circumstances, including when the parent is unavailable, has rejected participation in writing, or cannot participate due to hospitalization or extraordinary circumstances.

This means most Maryland families do not need an SDMA specifically for educational decisions. Parents already hold those rights. The SDMA becomes relevant for the non-educational decisions that the turning-18 milestone affects: medical care, financial management, housing, and interactions with adult service agencies like DORS and the DDA.

Building SDM Into Transition Planning

The IEP transition plan — required by COMAR 13A.05.01.09 starting in the school year the student turns 14 — should address how the student will make decisions as an adult. An SDMA can be part of that planning even before the student turns 18.

At age 14, the transition plan establishes post-secondary goals in education, employment, and independent living. Self-advocacy and decision-making skills should be IEP goals, not just aspirations. These skills are the foundation for a future SDMA.

At age 16, the transition plan adds coordinated activities and linkages to adult service agencies. This is when families should begin discussing the decision-making framework — will the student use an SDMA, a power of attorney, a combination, or will guardianship be necessary? The IEP team can include this discussion in the transition plan as a measurable goal.

At age 17, the school delivers the mandatory one-year notice about the transfer of rights under Part B of IDEA. In Maryland, this notice explains the state-specific non-transfer rule, which often confuses families and school staff alike.

At age 18, the SDMA becomes legally effective for non-educational decisions. The student can name supporters who help navigate medical appointments, agency applications, employment decisions, and financial management — all areas the transition plan should be preparing them for.

When Schools Push Back on SDMAs

Some Maryland school staff tell families that an SDMA "isn't enough" and that guardianship is required to participate in IEP meetings after the student turns 18. This advice misunderstands the law on two counts.

First, parents already hold educational rights under § 8-412.1 — guardianship is not needed for IEP participation. Second, the SDM statute is backed by Maryland's Health-Care Decisions Act (Health-General § 5-601) and the organ transplant non-discrimination law (Health-General § 20-1601), both of which recognize supported decision-making as a valid reasonable accommodation. Third parties, including schools, cannot refuse to allow a supporter to assist the individual when the supporter is acting within the SDMA's documented scope.

If a school district refuses to recognize your child's SDMA for non-educational purposes — for example, refusing to let a supporter accompany the student to a DORS referral meeting held at the school — cite Title 18 of the Estates and Trusts Article and the third-party reliance provisions. The Pughsley decision (2025) further strengthened the legal standing of SDMAs in Maryland.

The SDMA as a Bridge to Adulthood

The transition from school-based services to adult services is the highest-risk period. School services end when the student graduates with a diploma or exits at the end of the school year they turn 21. Adult services through the DDA, DORS, and SSA operate under completely different rules, with different applications, different eligibility criteria, and different timelines.

An SDMA bridges this gap by formally designating who helps the young adult navigate these new systems. The GTYI program provides one year of dedicated DDA funding for students exiting school, but the application requires active participation from the individual or their support network.

Documenting SDM in the IEP

The most effective approach is to embed supported decision-making into the IEP itself. Include:

• Self-advocacy goals that build the skills needed for an SDMA
• Transition goals that reference the specific decision-making framework the family is pursuing
• Documentation of any SDMA executed during the student's enrollment

This creates a record showing the student is actively developing decision-making capacity with support — which strengthens the case against guardianship if it is ever raised.

The Maryland Adult Guardianship & Alternatives Guide provides an SDMA preparation checklist tied to IEP transition milestones, along with the statutory language you need if a school or agency pushes back on recognizing the agreement.

See more Maryland guides →