Age of Majority
Transfer Rights for Students with Disabilities
Summary
School-age students receiving special education services are protected under the Individuals with Disabilities Education Improvement Act (IDEA) of 2004. A school representative must provide written notice of the transfer of rights at the age of 18. When a student turns 18, their special education rights automatically transfer from the parent to the student. Schools must give written notice of this change and inform both the parent and the student. This document explains what Individual Education Program (IEP) Team members need to know and do before a student reaches the age of majority.
When a Student Reaches the Age of Majority
In West Virginia, students with disabilities who reach the age of majority (age 18) may begin making educational decisions that were previously handled by their parents. This includes students who have an IEP or a Section 504 plan. It also applies to students with disabilities in a juvenile or adult correctional facility. Turning 18 is a milestone for many students. But for a student with a disability, it can come with a responsibility for which they may not be prepared: the transfer of educational decision-making rights, also known as “parental rights.”
Transfer of Rights
Adult students will begin:
- Receiving IEP meeting notices as an adult student
- Participating in IEP meetings as a decision-making adult student
- Giving permission or refusing an evaluation for disability determination
- Giving permission or refusing a change in placement
- Requesting dispute resolution (mediation, due process, state complaint) about a Free Appropriate Public Education (FAPE)
- Requesting or reviewing educational records
It is important students understand the choices they will have to make when turning 18. They can prepare by talking to parents, teachers, and other trusted adults about the supports they need for adult life. Teachers, parents, or other adults can help students learn more about special education laws.
Participating in the development of their IEP and transition plans helps them make informed decisions about their educational program when they reach the age of majority. Transition planning begins at age 14 and happens every year until students exit special education or graduate with a regular high school diploma.
Transfer of Rights Notification
With adult student permission, parents can still receive meeting notices and written information related to special education services. The level of parental involvement in the special education process is up to the student after they turn 18. Sometimes students ask their parent or another adult to continue helping them make decisions. Asking for help does not mean students are giving up their decision-making authority.
Parental Involvement in Special Education Meetings
If the adult student gives permission, parents can continue to receive notice of meetings and written information related to special education services. The actual level of parental involvement in the special education process is up to the individual student after the student turns 18. Sometimes students ask their parent or another adult to continue helping them make decisions. Asking for help does not mean students are giving up their decision-making authority.
If a Student is Not Ready to Make These Decisions
Preparing students to make their own educational decisions is a process that can be overwhelming for some students. IEP teams should begin these discussions early for transition-age students (ages 14-21) as part of the transition planning process. Students may need time to develop self-advocacy skills as they prepare to make their own educational decisions.
Parental rights are often difficult to understand, so IEP teams should consider the student’s disability when beginning these conversations. A student's family may need support with this part of transitioning into adulthood. If a student is unwilling or unable to assume educational decision-making rights, there are other options. This should be discussed with the parents before the student’s 18th birthday.
An adult student can ask their parent to continue helping them make decisions until they are comfortable making them on their own. If a student is unable to make their own decisions, other options may include supported decision-making or filing a legal process for court-appointed guardianship. Seeking guardianship of an adult is a removal of an individual’s decision-making rights. This should only be considered when all other options have been exhausted. IDEA also includes an option for states to appoint an educational surrogate if the student has been determined unable to make informed educational decisions and does not have a court appointed guardian.
Contact Us
Questions about this page? Send an email to ssip.wvde@k12.wv.us.