Age of Majority

On This Page

• What does age of majority mean?
• Age of Majority where you live
• IDEA’s exact words
• What IDEA requires
• How is the student informed?
• Tips to Help Prepare for Adulthood
• Age of Majority, least to most restrictive
• A Guide through the 6 Domains of Adulthood

Beginning at least one year before the student reaches the age of majority the IEP must include a statement that the student has received notice and been told about the rights (if any) that will transfer to him or her at age of majority under §300.520.

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What Does IDEA Require?

The text of IDEA is provided below.

§ 300.520 Transfer of parental rights at age of majority.

(a) General. A State may provide that, when a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law)—

(1)(i) The public agency must provide any notice required by this part to both the child and the parents; and

(ii) All rights accorded to parents under Part B of the Act transfer to the child;

(2) All rights accorded to parents under Part B of the Act transfer to children who are incarcerated in an adult or juvenile, State or local correctional institution; and

(3) Whenever a State provides for the transfer of rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency must notify the child and the parents of the transfer of rights.

(b) Special rule. A State must establish procedures for appointing the parent of a child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the Act if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.

While these provisions may appear redundant with §300.320(c), they actually aren’t. These provisions relate to informing both the child and the parents of any transfer of rights that has occurred when the child has reached the age of majority in the state; the provision at §300.320(c) stipulates in the IEP that, not later than one year before the child reaches the age of majority, he or she was informed of any rights that will transfer upon reaching that age.

Moreover, the provisions at §300.520 fall under the umbrella of “Procedural Safeguards” and include the “special rule” for children who have reached the age of majority but who do not have the ability to provide informed consent with respect to their educational programs (although they have not been determined to be incompetent). By state-designed procedures, the educational interests of these children would continue to be represented by the children’s parents during the entire time of their eligibility under Part B of IDEA. Should the parent of such a child not be available, another individual would be appointed to represent the child’s educational interests.

So, while this special rule relates directly to the transfer of rights to the child at age of majority, it also serves an exception to the transfer of such rights.

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How is the Student Informed?

IDEA does not specify the manner in which schools must inform students of any rights that will transfer to them upon reaching the age of majority. This is a matter “best left to States, districts, and IEP Teams to decide, based on their knowledge of the child and any unique local or State requirements.” (71 Fed. Reg. at 46668)

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Preparing for Age of Majority

When a person enters adulthood, the rights and duties parents once held are transferred to the youth.  Legally, individuals are deemed adults when they reach the age of 18 (*states or territories may vary).

As a parent you may wonder what options are available now that decisions you once held as a parent are transferred to your child. See our parent guide, Getting Ready for When Your Child Reaches the Age of Majority: A Parent’s Guide, to better prepare for this change in your rights as a parent. 

As a young adult entering adulthood you may ask, what if you don’t feel quite ready to handle the responsibilities of overseeing your education, healthcare, finance, etc?  Do you still have a voice in your life while others support you? 

The shift into adulthood carries significant ramifications. Below are some essential considerations to ponder.

Healthcare

Community Living