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The age of majority notice

By the IEP Atlas editorial teamLast updated

Short answer

At least one year before a student reaches the age of majority under state law, the IEP must state that the student has been told which rights will transfer to them. When the student reaches that age, the school notifies both the student and the parents that the rights have transferred. Teach the student what the rights mean and discuss decision-making support with the family.

Special education rights belong to the parents until the student reaches the age of majority set by state law. In states that transfer rights, they then pass to the student, unless a court has found the student incompetent under state law.[2] The IEP has to prepare for that change in two moments: a statement a year ahead and a notice when it happens.

This guide covers both steps with one fictional student, a timed step table and the mistakes that cause trouble at the meeting after the 18th birthday. The age is 18 in most states and older in a few, and states may handle the transfer differently, so check your state's rule first. For the wider plan, see transition planning in the IEP.

What the regulations require

WhenWhatSource
No later than 1 year before the age of majorityThe IEP includes a statement that the student has been informed of the rights, if any, that will transfer34 CFR 300.320(c)[1]
At the age of majorityThe school gives notice to both the student and the parents that rights have transferred34 CFR 300.520[2]
After transferRequired notices go to both the adult student and the parents; the other rights, such as consent, belong to the student34 CFR 300.520[2]

The regulation also requires states to have a way to appoint someone to represent the educational interests of an adult student who has not been found incompetent but cannot give informed consent. How that works, and what it is called, is set by each state.

What you need before you start

  • Your state's age of majority for education rights, and whether your state transfers rights at all.
  • The student's birthday and the date of the IEP meeting that falls at least 1 year before it.
  • Your district's age of majority form or letter, written for the student.
  • A plain-language list of the rights that transfer: consent to evaluations and placement changes, receiving notices, requesting meetings and using dispute resolution. The guide to special education rights summarizes them.

Step by step

1. Find the right meeting

Count back 1 year from the student's birthday at the age of majority. The statement must be in the IEP that is in effect by then, so use the annual review that comes before that date. Do not wait for the meeting closest to the birthday.

Example: Jada turns 18 on April 9, 2028. Her annual review is in January. The statement goes in the January 2027 IEP, 15 months ahead.

2. Teach the student before the meeting

A statement that the student "has been informed" means little if the student cannot say what changes. Teach it in 2 or 3 short lessons. Templates such as explain what changes at the age of majority and build a plain-language age of majority fact sheet turn this into a goal.

Example: In December, Jada's case manager teaches 3 lessons of 20 minutes each. Jada makes a one-page fact sheet in her own words.

3. Talk with the family about decision-making support

Families often hear about guardianship first. Describe the range: the student deciding alone, the student deciding with help through supported decision-making, a power of attorney or educational representative, and guardianship. Do not recommend one. Point families to legal and disability resources for their state.[3] The glossary entries on supported decision-making and guardianship are short and neutral.

Example: Jada's father worries she will refuse services. The case manager explains the options and gives him the state parent center's number. The template compare decision support options with family becomes one of Jada's goals.

4. Write the statement in the IEP

Record the date, who informed the student, how, and which rights were covered. Note the student's response.

Example: "On January 12, 2027, the case manager reviewed with Jada and her father the rights that will transfer to Jada on April 9, 2028, using her fact sheet. Jada explained in her own words that she will sign consent forms and can invite her father to meetings."

5. Send the notice at the age of majority

When the student reaches the age, send written notice to both the student and the parents. Update your records so future notices and consent forms go to the student.

Example: On April 9, 2028, the district mails the transfer notice to Jada and to her father. The case manager updates the contact sheet the same day.

6. Prepare the first meeting after transfer

The adult student now signs consent and can invite anyone, including parents. Check that the student knows this before the next annual review. The template share decision-making wishes at a planning meeting fits this step.

Step table with time each step takes

StepWhenWhoTime
Find the right meeting18 months beforeCase manager10 minutes
Teach the student1 to 2 months before the meetingCase manager or teacher3 lessons of 20 minutes
Family conversationBefore or at the meetingCase manager20 to 30 minutes
Write the statementAt the meetingCase manager5 minutes
Send the noticeAt the age of majorityCase manager or office15 minutes
Update recordsSame dayOffice10 minutes
Prepare the student for the next meeting1 month beforeCase manager1 lesson of 30 minutes

Common mistakes

Weak: Adding the statement at the meeting a few weeks before the birthday. Better: Put it in the IEP in effect at least 1 year ahead, so the student and family have time to plan.

Weak: "Student was informed of rights." with no detail. Better: The date, who explained, how, which rights, and what the student said back.

Weak: Telling the family the student "needs guardianship." Better: Explain the range of options neutrally and refer the family to resources. Decision-making arrangements are a legal and family choice.

Weak: Sending the transfer notice only to the student. Better: The regulation calls for notice to both the student and the parents.

Weak: Continuing to ask parents to sign consent after rights transfer. Better: Update records the same day. Consent now comes from the adult student, unless the state process has appointed someone else.

Templates and tools

Frequently asked questions

What age do IEP rights transfer to the student?

At the age of majority set by state law, which is 18 in most states and older in a few. States decide whether rights transfer at all. Check your state's special education regulations for the exact age and process.

Can parents still attend IEP meetings after rights transfer?

Yes, if the adult student invites them. Federal rules have the school send required notices to both the student and the parents. The adult student makes the decisions, such as signing consent, unless a court or the state's process has given that authority to someone else.

Does the school decide whether a student needs a guardian?

No. Guardianship is decided by a court under state law. The school's role is to inform the student and family about the rights that will transfer and to share information about options. Families decide whether to pursue any legal arrangement.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.320: Definition of individualized education program, Legal Information Institute, Cornell Law School
  2. 34 CFR §300.520: Transfer of parental rights at age of majority, Legal Information Institute, Cornell Law School
  3. Supported Decision-Making, National Resource Center for Supported Decision-Making
  4. A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities (August 2020), U.S. Department of Education, Office of Special Education and Rehabilitative Services

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.

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