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INDIVIDUALIZED EDUCATION PROGRAM (IEP) - Regulations
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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)]
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
- 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?
- How does your state and/or district currently inform children and families of their rights under this provision?
- 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
- 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?
- What practices could support continued parent participation after the child reaches the age of majority?
- 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