The Law
Section 300.347(c) of IDEA states: “In
a State that transfers rights at the age majority, beginning
at least one year before a student reaches the age of
majority under State law, the student's IEP must include
a statement that the student has been informed of his
or her rights under Part B of the Act, if any, that
will transfer to the student on reaching the age of
majority, consistent with §300.517.”
Requirements
The Age of Majority in California is 18.
Therefore, the student needs to be informed of their
rights ON or before their 17th birthday.
All educational rights will transfer to
the student when they become 18.
For students age 18 and older, the IEP
should document how and when these students were informed
about the transfer of rights.
Any required IEP notices shall be provided
to the student who has reached the age of majority (age
18).
If the student is determined to be incompetent
to act on his own behalf in assuming his/her rights,
and a judge has appointed a legal conservator, then
the rights do not transfer to the student. In this case,
the IEP should indicate who the conservators are.
If a student has reached the age of 18
and has not had a legal conservator appointed, but who
is determined to have the ability to provide informed
consent with respect to the educational program, someone
shall be appointed to represent the student's educational
interest. The state shall establish the procedures for
appointing the parent of the child, or if the parent
is not available, another appropriate individual, to
represent the educational interests of the child.
A Word of Caution
Since any person reaching adulthood
is presumed by the state to be competent, no other persons,
including the person's parents may legally make decisions
on his or her behalf. This is true even if a mental
health agency or social service agency has determined
for their own programs, that the person is mentally
handicapped. An adult individual is presumed competent
unless a court formally appoints someone as guardian
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