NC 1504-1.21 Transfer of Parental Rights at Age of Majority

Plain English summary

This regulation governs the transfer of parental rights under IDEA to students with disabilities when they reach age 18, including notification requirements and exceptions for students determined incompetent or incapable of providing informed consent. It establishes detailed procedures for appointing educational representatives when an adult student cannot exercise their own rights, including certification requirements involving two qualified professionals. The regulation also addresses incarcerated students and provides a process for challenging a student's competency certification.

Key requirements

• The LEA must provide any notice required by these Policies to both the individual and the parents when a child with a disability reaches the age of 18
• All other rights accorded to parents under Part B of the IDEA transfer to the child at age 18
• 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
• The LEA must notify the individual and the parents of the transfer of rights
• A student who has reached the age of 18 shall be presumed to be a competent adult unless one of the following actions has been taken: court declaration of incompetency, written power of attorney designation, or certification of inability to provide informed consent
• Two professionals (one from list one and one from list two) shall, based on a personal examination or interview, certify in writing that the adult student is incapable of providing informed consent
• The individuals who provide the certification may not be employees of the local education agency currently serving the adult student or related by blood or marriage to the adult student
• If an adult student has been determined to be incompetent, the parent shall be appointed to act as the educational representative for the adult student
• The certification that an adult student is incapable of providing informed consent may be made as early as 60 calendar days prior to the student's eighteenth birthday
• The certification shall state when and how often a review of the adult student's ability to provide informed consent shall be made and why that time period was chosen
• The adult student's ability to provide informed consent must be recertified at any time that the previous certification is challenged
• Upon receipt of a written challenge, the LEA may not rely on the appointed representative until a new certification that the adult student is unable to provide informed consent has been obtained

Affected parties

• students with disabilities turning 18
• parents of students with disabilities
• local education agencies (LEAs)
• incarcerated students with disabilities
• educational representatives
• licensed medical doctors
• physician's assistants
• certified nurse practitioners
• licensed clinical psychologists
• licensed clinical social workers
• attorneys qualified as guardian ad litem
• court-appointed special advocates
• surrogate parents
• adult family members

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=95