Guest Post - From Our Friends at Joseph & Rabb
Kindergarten Readiness, Delayed Enrollment, and Special Education Rights in Maryland
Parents often feel pressure to make kindergarten decisions before their child feels ready. At The Law Offices of Joseph & Rabb, a Maryland special education attorney practice, we regularly work with families who are unsure whether their child should start kindergarten at age five, delay enrollment, or pursue alternative options. In Maryland, the law gives parents far more control than many school systems acknowledge, particularly when decisions involve developmental readiness, disabilities, or medically necessary services.
Is kindergarten attendance required in Maryland?
Yes, but children do not have to start kindergarten at age five. Under COMAR 13A.08.01.01B, a child residing in Maryland must attend a public or nonpublic kindergarten program before entering first grade unless the child is exempt or enrolled in an alternative program. Attendance is required before first grade, not at age five.
Can parents delay kindergarten until age six?
Yes. Parents get permission to delay kindergarten until their child turns six. COMAR 13A.08.01.02-2 allows families to seek an exemption to the mandatory attendance rule for one year if they believe a delay is in their child’s best interest. They must submit a written request to the local superintendent explaining that the delay is based on the child’s level of maturity.
How do parents request a level of maturity waiver?
Parents must submit a written request to the local superintendent.Some school systems have specific forms. You can visit your district’s website to find the forms specific to your county. Once the school system receives the written request, they have five business days to approve or deny the request.
What if a school pressures you to enroll your child before you think they are ready?
Sometimes parents feel pressured to enroll their five-year-old in kindergarten even when they have legitimate concerns about their child’s readiness to learn in that educational setting. You know your child best, so trust your instincts. At Joseph & Rabb, we can help you navigate the maturity waiver process to support the decision-making that is most appropriate for your child.
When preparing to enroll your child in kindergarten, it is important to consider their level of maturity. Does your child have a late summer birthday? Are they ready to sit at Circle Time for more than 5 minutes? Can they use the toilet mostly independently? Do they have body awareness and understand personal space? Are they able to open the parts of their lunch in a busy cafeteria? Can they follow multi-step directions? Would your child benefit from extra time in the preschool setting or in ABA therapy? Young children require essential skills to be ready to learn and be successful in a larger classroom and school setting. Children don’t all grow and develop at the same rate, and that’s okay. Make sure the time is right for your child to jump into the bigger pond of elementary school.
While it may feel overwhelming at first, understanding your rights gives you a clear path forward. Whether you are delaying enrollment, choosing an alternative placement, or prioritizing developmental or medical needs, informed advocacy early can make a significant difference. Please contact us at Joseph & Rabb if you’d like support with the Kindergarten waiver process.
Once Your Child Is in School: Know Your Rights and When to Contact a Maryland Special Education Attorney
Once a child enters school, a different legal framework applies. Parents are the most important members of their child’s education team, which grants them protections when advocating for their children’s needs. Children with disabilities are entitled to a Free and Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). An Independent Education Program (IEP) is a provision of IDEA Law. Section 504 of the Rehabilitation Act of 1973, ensures children have access to education, no matter their circumstances. A 504 Plan is a provision of Section 504 Law. At this stage, disagreements often shift from readiness to evaluations, services, and whether a child is making meaningful progress. How do you ensure your child gets what they need and what rights you have to advocate for an appropriate education program? What happens if you find yourself in a stand-off with the school?
IDEA and Section 504 laws come with parental protections referred to as “Procedural Safeguards.When parents believe their child is not receiving appropriate support, and they are not being heard by the school team, it may be time to consult a Maryland special education attorney. At Joseph & Rabb, our focus is on special education law and regularly advise families navigating these issues. We truly believe in collaboration between families and school teams and will make every effort to maintain positive interactions and relationships. Even with the most effective teams, educators face staffing shortages, administrative pressure, and resource limitations that can impact services. Periods of disruption, including extended illness, repeated absences and mental health issues, create additional challenges that often require careful advocacy.
When families should consider working with a Maryland special education attorney
Both an IEP and a 504 are legal documents to support your child’s education. An IEP should be designed to meet your child’s individual and specific needs. The special education journey can be frustrating for families. If you get to a point where you feel you’ve exhausted every option available to you, it may be time to seek legal guidance. Here are some of the red flags clients bring to us at Joseph & Rabb:
● The school team is interfering with your ability to meaningfully participate in meetings and decision-making
● The special education team refuses to evaluate your child for a suspected disability, or tells you your child wouldn’t qualify for special education support without presenting reasons why
● Your child was denied eligibility for an IEP or a 504 plan, and you believe services are clearly needed
● When an IEP team says, “we don’t do that,” which keeps your child from getting what they need
● If a team acknowledges a child needs support but claims it lacks funding or resources, this is a legal issue
● Your child has as an IEP but is not making meaningful progress toward achieving their IEP goals or you don’t notice any improvement from your point of view
● The special education teacher or case manager doesn’t communicate when, where, and how IEP services are delivered and who provides them.
● A student is suspended or expelled, but the impacts of their disability are not considered in the disciplinary process.
● When considering filing a state complaint, mediation, or due process
Hiring an attorney may be something you never considered, but working with one can change the trajectory of your child’s education for the better. A good special education attorney will begin their work at the IEP table. Jumping directly to dispute resolution is generally not the best way to go. You’ll need to lean on someone who knows, and can apply, IDEA and Section 504 laws to your specific situation. Having an attorney by your side can be a huge relief. You don’t have to struggle on your own or without the right tools. A special education attorney will involve you in all strategies and decisions but will represent you and your child in a way that allows you to step down from being a special education gladiator and back to being an engaged parent.
How to choose an education attorney in Maryland
If you decide to hire an education lawyer, look for someone who practices special education law exclusively or primarily. This area of law is highly specialized, and familiarity with Maryland school systems matters. Since our attorneys primarily practice special education law, we are prepared for the tangle of issues that come up in each unique school district and will remind everyone at the IEP table of the guardrails provided by the law.
Ask any attorney you are considering what percentage of their practice is devoted to special education, how many education cases they have handled, and their experience with your local school system. The right guidance can reduce stress, clarify options, and help ensure your child receives the education and services they are legally entitled to.
All of the attorneys at Joseph & Rabb make an effort to keep up to date with special education events and issues both nationally and throughout Maryland. We have close association with the Council of Parent Attorneys and Advocates, a national organization of people who dedicate their work to supporting families and ensuring all students have access to an appropriate education.
If you have questions about delaying kindergarten, navigating special education services, or advocating for your child once school begins, you do not have to figure it out alone. If you would like to speak with staff at Joseph & Rabb about your situation, we are available to discuss how we may be able to help your family understand options and next steps. Please schedule a free call with our intake specialist here.
