Transfer of Rights

Legal Framework:  Not later than one year before the 18th birthday of the child with a disability, the LEA must comply with the adult student and transfer of rights framework.

• This is one complete year, which means on or before the 17th birthday.

• Notification of the Transfer of Rights by Age 17

• Transfer of Parental Rights at Age of Majority

When is the transfer of rights provided?

The written notice of transfer of rights must be provided to the parent and the child at least one year before the child’s 18th birthday and again when the child turns 18. A statement should also be included in the IEP that the transfer of rights was provided.

Adult Students

• Once a child turns 18, all parental rights under IDEA will transfer to the student.

• The parent(s) or guardian(s) will still receive any notice required under IDEA for the adult student.

• The adult student or the LEA may invite any individuals who have knowledge of the student, including the parent or person(s) designated on a supported decision-making agreement, to be a member of the ARD committee meeting.

Transfer of Parental Rights under IDEA

• The local education agency (LEA) should outline all parental rights under IDEA that will transfer to the adult student upon their 18th birthday unless the parent(s) or other persons have been granted guardianship