Age of majority
Last updated
The age of majority is the age, set by state law and usually 18, at which a person is legally treated as an adult who makes their own decisions.
Topic: IDEA, law and procedure
In plain terms
When a student with an IEP reaches the age of majority, states can transfer the parent's special education rights to the student. To prepare the family, IDEA requires that, beginning at least one year before the student reaches that age, the IEP include a statement that the student has been told which rights will transfer. The age is set by each state; it is 18 in most states but not all.
How it shows up in an IEP
The age of majority statement appears in the transition section of the IEP. Teams often pair it with self-advocacy goals, such as leading part of the meeting or explaining accommodations, so the student is ready to use those rights.
Example
At a 17-year-old's IEP meeting, the case manager explains which rights will pass to the student at 18, records that in the IEP, and adds a goal for the student to lead the next meeting's present levels discussion.
The rule
Federal reference: 34 CFR §300.320(c), 34 CFR §300.520.
Rules vary by state. Check your state's regulations and your district's procedures.
Related terms
- Transfer of rightsTransfer of rights is the shift of special education decision-making rights from parents to the student when the student reaches the state's age of majority.
- Supported decision-makingSupported decision-making lets an adult with a disability make their own choices with help from trusted people they choose.
- GuardianshipGuardianship is a court process that gives another person legal authority to make some or all decisions for an adult judged unable to make them.
- Student-led IEPA student-led IEP is an IEP meeting where the student leads part or all of the discussion about their strengths, needs, goals and supports.
- Self-advocacySelf-advocacy is the ability to understand one's own needs and rights, speak up for them, and ask for supports when needed.
On IEP Atlas
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