• Home

3. Clarify requirements regarding transfer of rights.

Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under 34 CFR 300.520.
[34 CFR 300.320(c)] [20 U.S.C. 1414(d)(1)(A)(i)(VIII)(cc)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is the transfer of rights requirement important? What are the implications for families and/or students if they are not informed or timely in responding to this issue?

  2. How does your state and/or district currently inform children and families of their rights under this provision?

  3. With the new provision being “not later than one year,” when do you feel is a good time to inform the child and the family of the transfer of rights? How might this timing be affected by the nature and/or severity of the child’s disability?

Application Questions

  1. What documentation and procedures need to be in place to ensure that students and families are informed of transfer of rights no later than one year before the student reaches age of majority?

  2. What practices could support continued parent participation after the child reaches the age of majority?

  3. Should a student be in need of representation (i.e. guardian, conservator, etc.), what information and/or resources can be provided to parents to assist them in taking the necessary steps for their child?

    These questions were developed by the following stakeholders working together:

    Role: Family Member
    Location: Arizona

    Role: Special Education Administrator
    Location: California

    Role: Teacher
    Location: Colorado

    Role: Educational Consultant
    Location: Florida

    Role: Special Education Administrator
    Location: Georgia

    Role: Higher Education
    Location: Indiana

    Role: General Education Administrator
    Location: Illinois

    Role: Teacher
    Location: South Carolina

    Role: Family Member
    Location: Wisconsin