Transfer of Rights at Age of Majority- for school districts and families
In Oregon, a person reaches the “age of majority” at age 18. Oregon Administrative Rule (OAR 581-015-0102) presumes that at age 18 individuals are capable of decision-making in all areas of life, including education. Under federal and state laws, procedural safeguard rights transfer from the parent to the student when the student reaches the age of majority. This is called the “transfer of rights”. At least one year before the student’s 18th birthday, districts must notify parents and students that the rights will transfer, and notify them again at the time the rights actually transfer. Use Notice of Transfer of Special Education Rights letter.
Transfer of Rights Requirements
What Rights Transfer to the Student?
The student will receive the written notice for all meetings and will be invited to attend all meetings. The student may invite his/her parents or other individuals to attend meetings.
The student has the right to participate in all meetings where decisions are made about the student’s eligibility, special education services, and placement. The student will participate with the team in making educational decisions.
The student will receive prior written notice of important decisions or changes related to his/her eligibility, evaluation, IEP, or placement before those decisions are put into place. The student also has the right to prior written notice if the district refuses the student’s request to take these actions.
The student has the right to review his/her educational records.
The student has the right to request changes to or meetings to review: his/her identification, evaluation, individualized education program (IEP), or placement.
When consent is required; the school district must ask the student for consent rather than the parent.
The student has the right to ask questions and to ask for help in solving problems. The student also has the right to file a complaint, request a due process hearing, and to participate in voluntary mediation regarding special education services he/she receives.
What Rights Do Parents Keep? (After the Rights Transfer to the Student?)
Parents have a right to receive notice of educational meetings, however, the IEP meeting notice is not an invitation to attend the meeting. The student or the district may invite the parent to participate on the IEP team as someone “with special knowledge” about the student. If the parent is invited by the school district to participate in the meeting, the parent’s name will be listed on the meeting notice as one of the participants.
Parents will receive copies of all Notices of Special Education Action, such as notice of change in placement, or notice that services will be terminated.
Parents may have the right to review their child’s school records, if the student qualifies as a tax dependent and is claimed by the parents.
Parents who disagree with IEP team decisions may file a letter of complaint as a concerned citizen.
Alternative to the Transfer of Rights
Oregon law provides two alternatives to the transfer rights-the appointment of a surrogate parent by the school district at the student’s request, or through a court appointed guardianship.
Case managers will contact the Student Services Director for current information and procedures on completing this process should this need arise.