When my daughter turned 18 years old, the school sent me a parental rights transfer form. This form would put her in charge of her IEP meetings.
Do we have to allow this? My daughter is not able to handle that on her own.
Age of Majority
IDEA 2004, the federal special education law, has a section about educational decision-making when the child reaches the age of majority under state law – this is usually age 18.
The school district must provide notice to the parent and child that the parents’ rights will transfer to the child when the child reaches the age of majority.
This is why you received the form.
Wrightslaw: Special Education Law, 2nd Edition.
See what IDEA says about the – Transfer of Parental Rights at Age of Majority
20 U.S.C. Section1415(m)(1) and (2) on page 123
In the federal regulations at
34 CFR 300.520(a) and (b) on page 263
You can consult an attorney and request that he or she draw up a Power of Attorney so you can continue to represent your child’s educational interests.
Or, you can have your child write a statement that says:
I [child’s name], pursuant to 20 U.S.C. Section 1415(m) and [your state’s special education regulation], hereby appoint my parent, [your name} to represent my educational interests.
If your child is able, have her write this statement out in longhand, sign, and date it.
If you need help with this, I recommend you contact your state’s Parent Information & Training Center. They are usually very helpful in these matters.
http://www.yellowpagesforkids.com/help/ptis.htm
Have questions about your child’s transfer of rights? You are not alone. Check out the Community HELPline discussion on similar topics –
https://www.wrightslaw.com/blog/age-of-majority-18-yr-old-own-ed-rights-holder/
https://www.wrightslaw.com/blog/age-of-majority-turning-18/
https://www.wrightslaw.com/blog/age-of-majority-age-18-what-needs-to-be-in-place/
https://www.wrightslaw.com/blog/power-of-attorney-can-a-parent-give-a-poa-to-handle-education-decisions/
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Will my teenager’s Power of Attorney over rule or will it be overruled by the local High School’s Notice of Transfer of RIghts they plan to ask my teenager to sign to !themself at the age of 18, so they are no longer helped by be as a child diagnosed with autism? Do I have a right to attend any meeting between my teenager and that authority figure when they attempt to have them sign that paper? My child cannot take care of those things by themself.
If I present an Educational Power of Attorney before my teen is asked to sign an age of s that form will that help protect my teenager? what should be included in an educational Power of Attorney? Thank you
It’s a question about parental rights. Who is educational rights holder if times of issue are before the child turned 18?