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 local educational agency (LEA) at which the child is enrolled must:

• Provide to the child and the child's parents 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 under the Individuals with Disabilities Education Act (IDEA) transfer to the child, except that the LEA must provide any notice required under IDEA to the adult student and the parents; and
• All rights accorded to a parent under IDEA, including the right to receive any notice required by IDEA, will transfer to an 18 year-old who is incarcerated in an adult or juvenile, state or local correctional institution, unless the child's parent or other individual has been granted guardianship of the child under the Probate Code;
• Ensure that the child's individualized education program includes a statement that the LEA 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. 

TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY

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 to the adult student:
• Except that the LEA must provide any notice required under IDEA to both the adult student and the parents; and
• All rights under the Family Education Rights and Privacy Act transfer from the parent to the adult student:
• Except that, consent is not required to disclose information to the parent of an adult student if a dependent child, or when another exception under the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATIONframework applies. 

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.

NOTIFICATION OF THE TRANSFER OF RIGHTS AT AGE 18

At the time the child reaches the age of 18, the LEA must provide written notice to the adult student and the parents 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 or other individual has been granted a guardianship of the child under the Probate Code;
• All rights accorded to a parent under IDEA, including the right to receive any notice required by IDEA, have transferred to an adult student who is incarcerated in an adult or juvenile, state or local correctional institution, unless the parent or other individual has been granted guardianship of the student under the Penal 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 requests information regarding guardianship or alternatives to guardianship from the LEA at which the child is enrolled, the LEA must provide to the child or parent information and resources on supported decision-making agreements.

RIGHT TO NOTICE FOLLOWING A TRANSFER OF RIGHTS

Following a transfer of rights, the LEA 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 to attend the meeting; and
• PRIOR WRITTEN NOTICE given to an adult student and parent does not create a right for the parent to CONSENTor participate in the proposal or refusal to which the notice relates.

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

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.

Parent/Guardian of student, department chairperson, case manager

On-going