Transfer of rights
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Transfer 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.
Topic: IDEA, law and procedure
In plain terms
After the transfer, the adult student gives consent, receives notices, and can request evaluations or use dispute options. The school must notify both the student and the parents of the transfer, and continues sending notices to both. Rights do not transfer if a court has found the student legally incompetent and appointed a guardian. Some families use supported decision-making or a power of attorney instead, depending on state law.
How it shows up in an IEP
Transfer of rights is the reason transition goals often include decision-making and self-advocacy skills. Students practice reading their own IEP, describing their disability and needs, and saying what supports help.
Example
Before turning 18, a student practices with the case manager how to review and sign consent forms, and decides to invite a parent to future meetings as a trusted support.
Not the same as Age of majority
The age of majority is the age when adulthood begins under state law. Transfer of rights is what happens to IDEA rights at that age. Read the definition of Age of majority.
The rule
Federal reference: 34 CFR §300.520.
Rules vary by state. Check your state's regulations and your district's procedures.
Related terms
- Age of majorityThe 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.
- 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.
- Self-determinationSelf-determination is a person's ability and opportunity to make choices, set goals and take action toward the life they want.
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