A family prepares a birthday party. Their son turns eighteen in March. In April, a letter from the school addresses him, not them, with a notice about a meeting. The mother opens it, then stops. She is not sure whether she is allowed to read it.
Eighteen changes things, and the changes are easier when families expect them. This guide explains what the federal rule says about age of majority and special education, what the IEP must include, and the main ideas families hear about decision-making supports. It is only an orientation. It is general information, not legal advice, and state law decides the details.
What age of majority means
The age of majority is the age at which a person is legally an adult. State law defines it. The Center for Parent Information and Resources says it is usually between 18 and 21, that most states set it at 18, and that a few use other ages. At that age, a state may transfer some or all of the parents' rights under special education law to the student, and not every state does.
What the federal rule says
Section 300.520 says that a state may provide that, when a child with a disability reaches the age of majority under state law, the public agency gives any required notices to both the child and the parents, and all other rights accorded to parents under Part B of IDEA transfer to the child. The rule applies only if state law applies the age of majority to all children, and it excludes a child who has been determined to be incompetent under state law. A state may also transfer rights to children in adult or juvenile correctional institutions. Whenever a state uses these options, the agency must notify both the child and the parents of the transfer.
There is a special rule for a young adult who has not been determined incompetent but who does not have the ability to provide informed consent about education. The state must have procedures to appoint the parent, or another appropriate individual if the parent is unavailable, to represent the young adult's educational interests for the rest of the period of eligibility.
What the IEP has to say
Section 300.320(c) says that beginning not later than one year before the child reaches the age of majority under state law, the IEP must include a statement that the child has been informed of the child's rights under Part B that will transfer to the child on reaching the age of majority.
CPIR notes that IDEA does not specify how a student must be informed, and that decision is left to states, districts, and IEP teams. A Charter SELPA in California describes it this way: rights transfer to the student at 18, and schools must notify students and parents at least one year beforehand.
| When | What the federal rule says | What families can do |
|---|---|---|
| At least a year before | The IEP must state that the student has been told which rights will transfer | Ask how and when the student will be told, and in what words |
| In the year before | Notice of the transfer, where the state applies it | Talk with the student about who will make decisions |
| At the age of majority | In a state that transfers rights, the student holds them and the school notifies both student and parents | Learn what the school expects for consent and meeting invitations |
| After | The IEP continues, with the student as the rights holder where the state transfers them | Decide together how the family stays involved |
What transfers
When rights transfer, the student becomes the person who gives consent for special education decisions, receives notices, and takes part in meetings as the rights holder. CPIR describes it as a state's choice to transfer some or all of the parents' rights. Section 300.520 says that notices go to both the student and the parents. So the parents do not disappear from the paperwork, but the student is the one with the rights.
A first look at decision-making supports
CPIR's page lists several ideas that families encounter when they think about age of majority. These are descriptions at an orientation level. They are not recommendations, and none of them suits every person.
| Idea | What CPIR says |
|---|---|
| Supported decision-making | The person gets support to make life decisions, which the page says many people need for difficult or risky choices |
| Self-determination and person-centered planning | The person sets goals based on preferences, values, and interests, with the person at the center of ongoing planning |
| Power of attorney | Limited, full, or durable arrangements that let someone act for the person in financial, legal, or other specified matters |
| Conservatorship and guardianship | Court-based options. Guardianship is a court appointment to make personal well-being decisions for an incapacitated adult |
See guardianship and supported decision-making: an overview for more on the last two. State laws, forms, and what is available differ, and the choice is for the person and their family to make with information from official sources and, where appropriate, a lawyer.
What families can do before 18
- Ask early. Raise the topic at the IEP meeting when the student is 15 or 16, and ask the school what the state's rule is and how the one-year notice will be given.
- Talk with the student. Explain what will change and ask how they want to be involved. See student voice in transition meetings.
- Practice decisions. Offer real choices at home and in meetings, with support.
- Decide how the family stays in the loop. If the student wants a parent to attend, say so in writing.
- Find your state's information. Look for your state education agency's transfer-of-rights page and its notice form.
- Learn about options. Contact your state's parent training and information center and its protection and advocacy agency.
Questions for the school
Age-of-majority mix-ups
- Assuming rights always move at 18. It is a state decision.
- Assuming they never move. In many states they do.
- Waiting until the birthday. The IEP statement is due a year before.
- Treating it as a guardianship question only. It starts with who holds educational rights.
- Leaving the student out. The student is the one the rule is about.
For what comes after, see how long special education services can last. Terms are in the glossary.