§ 300.520 Transfer of parental rights at age of majority.

Plain English summary

This section addresses the transfer of parental rights to students with disabilities upon reaching the age of majority under State law. When a State opts to implement such a transfer, the public agency must notify both the child and parents, and all IDEA Part B parental rights shift to the child, including for incarcerated youth. States must also establish procedures to appoint a representative for children who lack the ability to provide informed consent but have not been legally declared incompetent.

Key requirements

• The public agency must provide any notice required by this part to both the child and the parents when a child reaches the age of majority under State law.
• All rights accorded to parents under Part B of the Act transfer to the child upon reaching the age of majority (except for a child determined to be incompetent under State law).
• All rights accorded to parents under Part B of the Act transfer to children who are incarcerated in an adult or juvenile, State or local correctional institution.
• Whenever a State provides for the transfer of rights, the agency must notify the child and the parents of the transfer of rights.
• A State must establish procedures for appointing the parent, or if unavailable another appropriate individual, to represent the educational interests of a child who has reached the age of majority but has not been determined to be incompetent yet lacks the ability to provide informed consent with respect to the child's educational program.

Affected parties

• children with disabilities at age of majority
• parents of children with disabilities
• public agencies (LEAs)
• State educational agencies
• incarcerated youth with disabilities in adult or juvenile correctional institutions
• appointed educational representatives

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.520