Transfer of rights at the age of majority
By the IEP Atlas editorial teamLast updated
Short answer
In most states, when a student with an IEP reaches the age of majority, often 18, the IEP rights that belonged to the parents transfer to the student. The student then signs consents and makes educational decisions. The school still sends notices to both of you. A court-appointed guardian or a state procedure can change this.
IDEA lets each state decide whether rights transfer to a student at the age of majority under state law. Most states do this. When it happens, the school gives any required notices to both the student and the parents, and all other rights that IDEA gives parents move to the student.[1]
This page explains what that means for your family. The age and the details vary by state, so check your state's rules. Decisions about guardianship are legal decisions; a lawyer or your state's disability rights organization can advise on your situation. The special education rights overview covers the rights that will move.
What transfers and what does not
| Right | Before the age of majority | After rights transfer |
|---|---|---|
| Give or refuse consent for evaluations and services | Parent[3] | Student |
| Get notices, such as prior written notice | Parent | Both parent and student[1] |
| Be invited to IEP meetings as a decision-maker | Parent | Student; the parent attends if the student or school invites them |
| Ask for an independent educational evaluation | Parent | Student |
| Look at education records | Parent | Student; parents' access under privacy law changes too[4] |
| Start mediation, a state complaint or due process | Parent | Student (anyone can still file a state complaint) |
| Revoke consent for services | Parent | Student |
Rights do not transfer if a court has found the student incompetent under state law and appointed a guardian. The guardian then holds the rights.[1]
The IEP statement one year before
Beginning at least one year before your child reaches the age of majority, the IEP must include a statement that your child has been told about the rights that will transfer.[2] The school also notifies you and your child when the transfer actually happens.[1] The age of majority notice guide explains how schools handle that notice.
Options for a student who needs help deciding
Not every student is ready to make every decision alone. Families usually consider a range of options, from least to most restrictive.
- The student decides, with you at the table. The student can invite you to every meeting and ask your opinion.
- Supported decision-making. The student chooses trusted people to help understand choices, and the student still makes the decision.
- A state procedure for an educational representative. Some states let a parent or other person be appointed to represent the educational interests of a student who cannot give informed consent but has not been found incompetent.[1]
- Power of attorney for education. The student signs a document letting someone act for them.
- Guardianship. A court gives decision-making power to another person.
The guardianship vs supported decision-making guide compares these side by side. The supported decision-making and guardianship glossary entries give short definitions.
An annotated example
This example is made up. Compare it with your child's IEP.
The IEP at age 17 (transition section): "On March 5, Jalen and his parents were informed that, under state law, all rights under IDEA will transfer to Jalen when he turns 18 on April 10 of next year."
Note: This statement must appear at least a year before. Look for it in the transition section or near the signature page.
Notice at age 18 (April 12): A letter to both Jalen and his mother says his IEP rights have transferred. It lists what he can now do: consent to evaluations, request meetings, and see his records.
Note: The letter went to both of them. That matches the federal rule that notices go to the student and the parents.
The next IEP meeting (May): Jalen signs the consent for his reevaluation. He invites his mother to attend and asks her to help him read the evaluation summary.
Note: The student decides who attends. A parent is no longer automatically a decision-maker but can still be part of the meeting by invitation.
Questions you can ask the team
- "What is the age of majority in our state, and does our state transfer IEP rights?"
- "Where is the transfer of rights statement in my child's IEP?"
- "What will my child be able to decide on their own after the transfer?"
- "Will I still get notices and progress reports?"
- "How can my child invite me to meetings after the transfer?"
- "Does our state have a way to appoint an educational representative without guardianship?"
- "Can my child practice leading part of the next IEP meeting?"
Next steps
- Find the transfer of rights statement in your child's current IEP, starting the year before the age of majority.
- Talk with your child about which decisions they want to make alone and where they want help.
- Ask the team to build self-advocacy into the transition plan. The transition planning guide shows where that fits.
- If you are thinking about guardianship or a power of attorney, talk with a lawyer or your state's disability rights organization early. Court steps can take months.
- Contact your state's Parent Training and Information Center for free help. You can find yours through the Center for Parent Information and Resources.[5]
The age of majority glossary entry gives a short definition.
Frequently asked questions
Can I still go to my child's IEP meetings after they turn 18?
Yes, if your child or the school invites you. The school still sends notices to parents. Many students invite a parent to every meeting, and the team can encourage that.
Does my child have to sign something for rights to transfer?
No. In states that transfer rights, it happens automatically at the age of majority unless a court has appointed a guardian or a state procedure applies. The school notifies the student and parents.
Is the age of majority always 18?
It is 18 in most states but not all. A few states set a different age, and some have special rules. Check your state's procedural safeguards notice or ask the school.
Use it in IEP Atlas
- Guardianship in the IEP glossary
- Supported decision making in the IEP glossary
- Age of majority in the IEP glossary
- Transfer of rights in the IEP glossary
Related guides
- Special education rights for parents and students: an overview
- Parent rights to education records
- Rights students with IEPs have at school
- Who counts as a parent: divorced parents, foster parents and grandparents
- The age of majority notice
- Guardianship vs supported decision-making vs power of attorney
Sources
- 34 CFR §300.520: Transfer of parental rights at age of majority, Legal Information Institute, Cornell Law School
- 34 CFR §300.320: Definition of individualized education program, Legal Information Institute, Cornell Law School
- 34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
- 34 CFR Part 99: Family Educational Rights and Privacy, eCFR (National Archives)
- Center for Parent Information and Resources, CPIR
- Supported Decision-Making, National Resource Center for Supported Decision-Making
- Transition to Adulthood, CPIR
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.