Supporting Your Adult Child’s Education 

As a parent, you’ve likely played an active role in your child’s education—attending IEP meetings, advocating for services, and ensuring they receive the support they need. However, the transfer of educational rights for adult students occurs when your child reaches the age of majority, which varies by state. At this point, they become legally responsible for making their own educational decisions. This transition can be surprising, particularly for parents of children with special needs who may still require assistance with navigating educational choices.

Fortunately, there are steps you can take to remain involved in your child’s education, even after they become a legal adult. In this post, we’ll explain how the Transfer of Educational Rights form works and how you can ensure that you continue to play an active role in your child’s educational journey. 

Understanding the Age of Majority 

The age of majority is when a person is legally considered an adult and is responsible for making their own decisions. Once your child reaches this age, your legal responsibility for their education ends unless they delegate those rights back to you. While the age of majority is 18 in most states, there are exceptions: 

• Alabama and Nebraska: 19 
• District of Columbia, Indiana, Mississippi, and New York: 21 
• Nevada, Ohio, Tennessee, Utah, Virginia, and Wisconsin: 18 or upon high school graduation, whichever comes first 

Knowing the age of the majority in your state is important as it determines when your child’s rights will be transferred. It allows you time to prepare and discuss how they would like to handle their educational decisions going forward. 

With the Transfer of Educational Rights form, your child can choose to delegate those rights back to you, enabling you to continue supporting them, particularly in situations where they may still need assistance navigating the complexities of educational decisions. 

Transfer of Rights Notification Under IDEA 

If your child has an IEP, schools are required under the Individuals with Disabilities Education Act (IDEA) to notify you one year before your child reaches the age of majority. This notification, according to 34 CFR § 300.320(c), must be included in your child’s IEP and inform you and your child that the rights you previously held as a parent will transfer to your child when they turn 18. 

At that point, your child will be responsible for making decisions about their education. This includes: 

• Attending IEP meetings 
• Giving consent for evaluations 
• Deciding on educational services and accommodations 

However, there is a way for you to continue being involved: the Transfer of Educational Rights form allows your child to delegate those rights back to you, meaning you can still help them make decisions about their education. 

Why the IDEA Transfer of Rights Notification is Important 

• Gives Time to Prepare: This notification provides a year for you and your child to prepare for the upcoming changes when they turn 18 years old. 
• Opportunity for Discussion: It allows you to have an important conversation with your child about their educational responsibilities and whether they want to delegate those rights back to you. It’s also a good time to assess whether your child will need continued support in decision-making. 
• Legal Steps: Starting a year before your child turns the age of majority, it’s an ideal time to explore options like guardianship, supported decision-making, or obtaining a medical and educational power of attorney. While many neurotypical children can make independent decisions after turning 18, they may still need guidance in complex situations, such as handling medical emergencies or managing academic challenges. A power of attorney ensures that you, as a parent, can provide help when necessary without facing legal barriers. By preparing these legal documents, you ensure that your involvement in their education and well-being continues beyond their 18th birthday. 

Without the Transfer of Educational Rights form or another legal arrangement in place, your involvement in your child’s education will be limited, as your child will legally hold those rights once they turn 18 years of age. 

What About Section 504? 

For students with a 504 Plan under Section 504 of the Rehabilitation Act, the transfer of educational rights is slightly different. While Section 504 does not have a formal notification process like IDEA, the same shift occurs when a student turns 18 years old. 

Once your child turns the age of majority: 

• They hold the right to request and manage their accommodations under their 504 Plan. ● Schools are not required to notify you about the transfer of rights in advance. ● Your child is now responsible for advocating for their accommodations unless they delegate that authority back to you. 

Even though Section 504 doesn’t have the same built-in notification process as IDEA, it’s still essential to ensure that your child understands their new responsibilities and that you have a plan in place if they want you to continue managing their accommodations. 

How to Complete the Delegation of Educational Rights Form 

To stay involved in your child’s educational decisions, you’ll need to complete a Transfer of Educational Rights form. Here’s how: 

1. Download the PDF Form 

Click here to access the Transfer of Educational Rights form. 

2. Fill Out the Form 

The PDF itself includes detailed instructions for completing the form. It will guide you through entering the necessary information about your child and the delegation process.

3. Send the Form Electronically 

After completing the form, scan and send a signed electronic copy to your child’s IEP Case Manager or 504 Coordinator, and be sure to copy the school principal for documentation. 

4. Follow Up 

Keep a copy of the email as proof that the school received the document. If the school does not sign the acknowledgment section, the email itself will serve as evidence that the form was submitted and added to your child’s records. 

This form allows you to continue participating in IEP or 504 Plan meetings, review educational records, and make decisions about evaluations and services, just as you did before your child turned 18 years old. 

What if the School Refuses to Sign the Form? 

If your school refuses to sign the School Acknowledgement section of the form, don’t worry. The most important thing is that you have proof that the signed document was sent to the appropriate school personnel, such as the IEP Case Manager or 504 Coordinator, with the school principal copied on the email. This email serves as evidence that the school has received the form. 

Final Thoughts: Ensuring Continued Support for Your Child 

Whether your child is on an IEP or has a 504 Plan, turning 18 doesn’t mean you need to step back from helping them navigate their education. By completing the Transfer of Educational Rights form, you can ensure your child continues to get the support they need, and you can continue to advocate for them. 

Remember to talk to your child about their rights and responsibilities and make sure that all necessary legal documents are in place before their 18th birthday. For more FERPA information, go to the Department of Ed’s website here.

If you have any questions, contact PASEN for assistance.