Legal Overview*

If students are to mature into independent, productive adults and become increasingly responsible for their actions and accomplishments, they need to acquire the skills that are of value in the world of adulthood. The Individuals with Disabilities Education Act (IDEA) acknowledges this and contains provisions meant to encourage student involvement and shared decision making.

Since 1990, transition services have been a requirement of law for students who are 16 years or older, or younger if deemed appropriate by the IEP Team. The services are planned at the IEP meeting to which students must be invited. Thus, the 1990 IDEA legislation provided students with an enormous new opportunity to be involved in planning their own education, to look into the future, to voice their preferences and concerns and desires, to be heard, to share in making decisions that so directly affect them.

Now, under the latest reauthorization of the IDEA in 1997 (IDEA 97), this involvement has been expanded. In addition to transition services beginning at age 16, a statement of transition service needs is required at age 14. At this time, and updated annually thereafter, the IEP Team looks at the child's courses of study (such as advanced placement courses or vocational education programs) and determines whether or not those courses of study are leading the student to where the student needs to be upon graduation. What other courses might be indicated, given the student's goals for life after secondary school? Beginning to plan at age 14, with an eye to necessary coursework, is expected to help students plan and prepare educationally. Then, at age 16, or younger if appropriate, transition services are delivered in a wide range of areas.

IDEA 97 has also outlined procedures for the transfer of parental rights to the student when he or she reaches the age of majority under State law. Both the parents and the student must be notified of any transfer of rights that will take place at that time. Students are to receive the notification at least one year before they reach the age of majority. A statement must be included in the IEP that the student has been informed of the rights, if any, that will transfer to the student on reaching the age of majority. 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 both the student and the parents. In states where rights transfer, all other rights accorded to the parents transfer to the student. (If the student is determined incompetent under state law, then the rights remain with the parents.)

Many students, however, may not have the ability to provide informed consent with respect to their educational program, although they have not been determined under state law to be incompetent. To protect the interests of these children, IDEA 97 provides 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.

This transfer of rights is obviously an enormous step forward toward empowering students as adults and encouraging them to inform themselves about and become deeply involved in their education and particularly in planning for their future. Educators will need to provide additional training and opportunities for students to understand the impact of this responsibility.

(*) This legal overview was taken directly from the approved OSEP IDEA 97 Training Package, Module 9, pp. 9-11 through 9-13. This document is available from NICHCY.