Transfer of Rights at Age 18: Facilitating Access to Information

As a special educator, you must be familiar with the Indiana Department of Education Notice of Procedural Safeguards. Sections highlight both parental and student rights, describing important changes occurring when a student turns 18, the age of majority. When a student turns 18, they are considered an adult and may make decisions and take actions on their own behalf, such as getting married or using credit cards. At that time, all of the special education rights belonging to the parent transfer to the 18-year-old student, unless a guardian or educational representative has been established. It is your responsibility, as an agent of the school and as an educator, to prepare both students and parents for this milestone. As an informational pipeline for parents and students, you must also prepare yourself!

After reviewing the messaging below, brainstorm some ideas and create a transition activity that allows students to explore their options.

Messaging for Parents from Educators

  • Until the child reaches age 18, you have access to all educational records maintained by the school. When a student turns 18 or attends a postsecondary program, the final decisional authority lies with the student.
  • Transfer of Rights doesn’t mean termination of decisional input.
  • Transfer of Rights is an opportunity for personal growth for students.
  • Use critical thinking and intentional support planning before seeking restrictive guardianship; guardianship is exceptionally difficult to overturn.
  • Involvement, support, and guidance are possible without guardianship, even for students with significant support needs.
  • Prioritize consideration of least restrictive alternatives.

Messaging for Students from Educators

  • You have options; know what they are and explore various resources.
  • Advocate for your preferences.
  • Make informed decisions about the types of support you need and who could provide that support.
  • Work toward a decision about guardianship well before you turn 18.

Resources