Parent and Student Rights:
The IDEA or Individuals with Disabilities Education Act recognizes that if students are to be mature, independent and contributing members of our society, they need to have a base of skills that permit them to prosper in the adult world.
In 1990, transition services became a requirement of law for students who are 16 years or older, or younger when appropriate. . The final transition plan is developed at an IEP meeting that both the student and parents participate in. Both students and parents need to give considerable thought to the issues prior to this meeting in order to have a clear sense of exactly what skills the student needs to develop and what goals and services they wish to see included in the transition plan.
The 1990 IDEA legislation provided students along with their parents the opportunity to be involved in planning their own education, to speak up for themselves, and to be heard as active participants in deciding their own future. In the 1997 (IDEA 97) reauthorization, the level of the student’s and parents involvement was expanded. As well as transition services beginning at age 16, a statement of transition service needed to be developed when the student reached the age of 14. Each year thereafter, the IEP Team was required to review the student’s program and determine whether or not his or her courses of study are progressively moving the student to where he or she needs to be to function independently as an adult after graduation. Beginning, at age 16, or younger if appropriate, transition services should be delivered in any necessary areas. In the 2004 IDEA reauthorization the requirement for a statement of transition services at age 14 was deleted. But, parents still have the right to request early transition planning at this age when approrpriate.
The 1997 IDEA stipulates specific procedures for the transfer of parental rights to the student when he or she reaches the age of majority according to their State Law. Both parents and students are required to receive this notice a year prior to that date. If parents believe their child will not be capable of handling those decision making powers, then they will need to consult an attorney regarding guardianship when they receive this notice.
A statement required by the IDEA must be included in the IEP and indicate that the student has been informed of the rights, if any, that will transfer to the student on reaching the age of majority. What this means usually means is that after the student attains the age of majority, if rights transfer, the school must provide any notice required by the law (e.g., procedural safeguards notice, notice regarding an upcoming IEP meeting) to the student; unless the student is determined incompetent under state law, then the rights remain with the parents.
IDEA 97 did recognize that many students may not have the ability to provide informed consent with respect to their educational program, even though they have not been determined under state law to be incompetent. To protect the interests of these children, the law stated that each state that transfers rights needs to establish procedures for appointing the parents (or another appropriate individual, if the parents are not available) to represent the student's educational interests. If you have questions about this process in your State, be certain to contact an educational attorney for appropriate guidance.
In the interim, contact the Department of Education for a copy of the 2004 reauthorization of IDEA and begin familiarizing yourself with your rights and your student’s rights.