Transfer of Parental Rights at Age of Majority

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When my daughter turned 18 years old, the school sent me a parental rights transfer form. This form would put her in charge of her IEP meetings.

Do we have to allow this? My daughter is not able to handle that on her own.

Age of Majority

IDEA 2004, the federal special education law, has a section about educational decision-making when the child reaches the age of majority under state law – this is usually age 18.

The school district must provide notice to the parent and child that the parents’ rights will transfer to the child when the child reaches the age of majority.

This is why you received the form.

Wrightslaw: Special Education Law, 2nd Edition.

See what IDEA says about the – Transfer of Parental Rights at Age of Majority
20 U.S.C. Section1415(m)(1) and (2) on page 123

In the federal regulations at
34 CFR 300.520(a) and (b) on page 263

You can consult an attorney and request that he or she draw up a Power of Attorney so you can continue to represent your child’s educational interests.

Or, you can have your child write a statement that says:

I [child’s name], pursuant to 20 U.S.C. Section 1415(m) and [your state’s special education regulation], hereby appoint my parent, [your name} to represent my educational interests.

If your child is able, have her write this statement out in longhand, sign, and date it.

If you need help with this, I recommend you contact your state’s Parent Information & Training Center. They are usually very helpful in these matters.

http://www.yellowpagesforkids.com/help/ptis.htm

Have questions about your child’s transfer of rights? You are not alone. Check out the Community HELPline discussion on similar topics –

https://www.wrightslaw.com/blog/age-of-majority-18-yr-old-own-ed-rights-holder/
https://www.wrightslaw.com/blog/age-of-majority-turning-18/
https://www.wrightslaw.com/blog/age-of-majority-age-18-what-needs-to-be-in-place/
https://www.wrightslaw.com/blog/power-of-attorney-can-a-parent-give-a-poa-to-handle-education-decisions/

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Aging Out of Special Ed
Summary of Performance (SOP)
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