Understanding the Transfer of Rights for Students with Disabilities at Age 18
As students with disabilities approach the age of 18, an important legal milestone known as the "Transfer of Rights" comes into play. In Virginia, this age is referred to as the age of majority, where students legally obtain certain rights previously held by their parents or guardians. Understanding this transition is crucial for ensuring a smooth and successful passage into adulthood for students receiving services under their Individualized Education Program (IEP) as per the Individuals with Disabilities Education Act (IDEA).
What Happens When My Student with a Disability Turns 18?
When students reach the age of 18, the law presumes that they are capable of making their own decisions. This includes the right to be notified of and attend IEP meetings, consent to reevaluation, request mediation, and more. It's vital for parents and guardians to prepare for this transition well in advance, starting as early as age 14 in Virginia, which is earlier than the federal requirement of 16.
How Can Parents Stay Involved?
While the transfer of rights gives students autonomy, many may still require assistance in decision-making. If a student is not deemed legally incompetent by a court, they can appoint a parent or another competent adult to make educational decisions on their behalf through a Power of Attorney (POA). Additionally, Virginia regulations allow for the appointment of an educational representative if a student is certified as unable to make such decisions.
Options for Parental Involvement
- Power of Attorney (POA): This option allows students to appoint someone to make decisions for them, provided they can give informed consent.
- Educational Representative: An appointed individual can make educational decisions for students certified as unable to do so, a process less costly than guardianship.
- Guardianship: Parents can petition a court to be appointed as a guardian, though this is the most restrictive and costly option.
- State-Operated Program Representation: For students admitted to state-operated programs, an educational representative can be appointed to act on their behalf.
Preparing Your Student for Independence
It's crucial to start involving your student in decision-making from an early age. Encourage participation in IEP meetings, practice decision-making skills, and promote leadership development through programs like VDOE’s I’m Determined Program. Building strong relationships with school staff and planning their future with your support can significantly enhance their ability to make informed decisions.
Resources for Further Guidance
For comprehensive details, the Virginia Department of Education provides a guide on the Transfer of Rights to Students with Disabilities at the Age of Majority. Additionally, organizations like PEATC and PACER offer resources to help parents and students navigate this transition effectively.
For more information, please follow this link.
