Transfer of Parental Rights at Age of Majority

Transfer of Parental Rights at Age of Majority This form must be completed at age 16.

Federal and state law requires that all students receiving special education services be informed of the Parental Rights that will transfer to him/her upon reaching the age of majority.

Transfer of Parental Rights at Age of Majority 34 CFR 300.520 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. The district shall provide any notice required under special education to both the child and the parents. All rights accorded to parents under Part B of the IDEA transfer to the child; 2. All rights accorded to parents under Part B of the IDEA 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 special education, the district shall notify the child and the parents of the transfer of rights. 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.

Checklist for transfer of rights to student at age of majority

South Dakota Parental Rights and Procedural Safeguards booklet received and reviewed with student

Student was informed that all notices will be shared with the student and the student’s parent/guardian

Student was informed that the parent/guardian will receive notification of this transfer of rights

was informed of these rights on by Student Date Case Facilitator

Student’s Signature Date

If guardianship is a concern and/or you wish to pursue guardianship, the following sources are available to assist you in obtaining information:

SD Department of Education SD Department of Human Services Special Education Programs Guardianship Program 800 Governors Drive 105 E. Capital Avenue Pierre SD 57501-2294 Pierre SD 57501 605-773-3678 605-224-9647 http://dhs.sd.gov/gdn/ SD Department of Human Services, Guardianship Program