Transfer or Rights

Notice of Transfer of Rights at Majority

(1) Within the month that the student turns 18 formal notice is given to the student and parent:

(a) Within the month that they turn 18th birthday; or

(b) Upon actual knowledge that within a year the child will likely marry or become emancipated before age 18.

(2) The school district must provide written notice to the child and to the parent at the time of the transfer of rights.

Guidance:

• 1. Documentation of this process would be noted on meeting minutes, and on the transition page in the student's IEP.

  2. Notice must be given to the child and the parent

  3. If the student turns 17 during the current IEP in effect the notice must be provided and documented on the IEP.

Notice of Proposed Transfer of Rights

(1) The school district must provide notice to the child and the parent that rights will transfer at the age of majority. This notice is provided prior to turning 17 years old. This notice must be provided at the IEP meeting and documented on the IEP:

(a) At least one year before the child's 18th birthday; or

(b) Upon actual knowledge that within a year the child will likely marry or become emancipated before age 18.

(2) The school district must provide written notice to the child and to the parent at the time of the transfer of rights.

Guidance:

• 1. Documentation of this process would be noted on meeting minutes, and on the transition page in the student's IEP.

  2. Notice must be given to the child and the parent

  3. If the student turns 17 during the current IEP in effect the notice must be provided and documented on the IEP.

The following is from the Procedural Safeguards: