Adult Students and Transfer of Rights
Notification of the Transfer of Rights by Age 17
Not later than one year before the 18th birthday of a child with a disability, the school at which the child is enrolled must:
- Provide to the child and the child's parents/guardians written notice that:
- A child with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under the Texas Family Code will have the same right to make educational decisions as a child without a disability;
- All other rights accorded to parents/guardians under the Individuals with Disabilities Education Act (IDEA) transfer to the child, except that the school must provide any notice required under IDEA to the adult student and the parents/guardians; and
- Ensure that the child's individualized education program includes a statement that the school provided the written notice regarding the transfer of rights of the child and information and resources regarding guardianship, alternatives to guardianship including supported decision-making agreement, and other supports and services that may enable the adult student to live independently.
When a child with a disability reaches 18 years old, except for a child who has been determined to be incompetent under state law:
- All rights under IDEA transfer from the parent/guardian to the adult student:
- Except that the school must provide any notice required under IDEA to both the adult student and the parents/guardian; and
- All rights under the Family Education Rights and Privacy Act transfer from the parent/guardian to the adult student:
- Except that, consent is not required to disclose information to the parent /guardian of an adult student if a dependent child, or when another exception under the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework applies.
Notification of the transfer of rights at age 18
At the time the child reaches the age of 18, the school must provide written notice to the adult student and the parents/guardian that:
- All rights granted to the parent under IDEA, other than the right to receive notice required under IDEA, have transferred to the adult student, unless the parent/guardian or other individual has been granted a guardianship of the child under the Probate Code;
- The adult student has the same right to make educational decisions as a child without a disability; and
- Includes information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement, and other supports and services that may enable the adult student to live independently.
- The notification of the transfer of rights need not contain the elements of PRIOR WRITTEN NOTICE.
Right to information regarding guardianship and alternatives
If a child with a disability or the child's parent/guardian requests information regarding guardianship or alternatives to guardianship from the school, the school must provide to the child or parent information and resources on supported decision-making agreements.
An adult student who holds rights under IDEA is not prohibited from executing a valid power of attorney.
An adult student is not prohibited from entering into a supported decision-making agreement after the transfer of parental rights. TSD will honor both power of attorney and supported decision making documents that it receives. POAs much be notarized.
Right to Notice Following a Transfer of Rights (ARDs and Meetings AFTER the Student Turns 18)
Following a transfer of rights, the school must provide any notice required by IDEA to both the adult student and the parents; however:
- A PRIOR WRITTEN NOTICE of an ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING does not constitute an invitation to, or create a right for, the parent/guardian to attend the meeting; and
- PRIOR WRITTEN NOTICE given to an adult student and parent/guardian does not create a right for the parent to CONSENTor participate in the proposal or refusal to which the notice relates.
- If the Adult student requests that the parent/guardian NOT be in attendance, the school must honor that request.
Parent Attendance at the Admission, Review, and Dismissal (ARD) Meeting Following a Transfer of Rights
Regarding ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP, the adult student or school may invite individuals who have knowledge or special expertise regarding the adult student, including the parent/guardian, to be a member of the ARD committee.
Adult Students and Health/Safety Emergencies
All adult students must have an emergency contact on file with the school in order to be enrolled, especially if living residentially (in the dorms). FERPA has a health and safety provision which permits the release of information to anyone necessary to help address a threat including contacting a parent/guardian or trusted adult especially if that student will be leaving campus to visit or stay with that adult or the student is to be hospitalized.