ADULT STUDENT  
 
Authorities: 34 C.F.R. Parts 99 and 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P Beginning not later than one year prior to the child reaching the age of 18, the local educational agency (LEA) must comply with the TRANSITION SERVICES framework.

P For an adult student who is incarcerated in an adult or juvenile, state or local correctional institution, the LEA must comply with the INCARCERATION framework. 300.520(a)(2)
89.1049(b)
TEC 29.017(b)

TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY


P When a child with a disability reaches 18 years old (except for a child who has been determined to be incompetent under state law): 300.520(a)

P
  • All rights under the Individuals with Disabilities Education Act (IDEA) transfer from the parent to the adult student;
300.625(c)
300.520(a)(1)(ii)

P
    • Except that the LEA must provide any notice required under the IDEA to both the adult student and the parents; and
300.625(c)
300.520(a)(1)(i)

P
  • All rights under Family Education Rights and Privacy Act transfer from the parent to the adult student;
300.625(b)
99.5(a)

P 99.31(a)(8)

P An adult student who holds rights under the IDEA is not prohibited from executing a valid power of attorney. 89.1049(e)

NOTIFICATION OF THE TRANSFER OF RIGHTS


P The LEA must notify the adult student and the parents of the transfer of rights, including a statement: 300.520(a)(3)
89.1049(c)
TEC 29.017(c)

D
  • That parental rights have transferred to the adult student; and
89.1049(c)

D
  • Of contact information for the parties to use in obtaining additional information.
89.1049(c)

P The notification of the transfer of rights need not contain the elements of PRIOR WRITTEN NOTICE. 89.1049(c)

RIGHT TO NOTICE FOLLOWING A TRANSFER OF RIGHTS


P Following a transfer of rights, the LEA must provide any notice required by the IDEA to both the adult student and the parents; however: 300.520(a)(1)(i)
89.1049(a)
TEC 29.017(a)

P 89.1049(d)

P
  • PRIOR WRITTEN NOTICE given to an adult student and parent does not create a right for the parent to CONSENT or participate in the proposal or refusal to which the notice relates.
89.1049(d)

PARENT ATTENDANCE AT THE ADMISSION, REVIEW, AND DISMISSAL (ARD) MEETING FOLLOWING A TRANSFER OF RIGHTS


P Regarding ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP, the adult student or LEA may invite individuals who have knowledge or special expertise regarding the adult student, including the parent, to be a member of the ARD committee. 89.1049(d)

 
 
Last Updated: Tuesday, March 21, 2017