Transition Planning Guide - Ottawa Area Intermediate School District

guardianship over the student?A Yes. Prior to the reauthorization of the IDEA, a student's parents were entitled to noticeeven after the student turned 18 since they were entitled to attend the IEP regardless of thestudent's age. Nowhere in the prior IDEA was there a differentiation between students underthe age of majority and students over the age of majority. IDEA-97 provides that a state mayprovide for the transfer of other IDEA rights to the student at age 18, but it requires thatparents continue to be given notice of IEP team meetings or placement decisions. Althougha district is still required to give notice, all other IDEA rights (i.e., requesting due processhearings, signing the IEP, etc.) transfer to the student at age 18 in Michigan.Q In Michigan, does the parent of a student over the age of 18 have the right to request adue process hearing?A No. With the reauthorization of the IDEA, Congress made provisions for a state toprovide for the transfer of IDEA rights at the age of majority. Michigan has done so. Thus,parents would no longer have the right to request a due process hearing. There is also anexception to this rule. If the student has not been determined to be incompetent, but has beendetermined not to be able to give informed consent, a parent or other appropriate personmust be appointed to represent the educational interests of the student.Q In Michigan does the parent of a student over the age of 18 have the right to participatein IEP meetings?A No. With the reauthorization of tile IDEA, Congress made provisions for a state toprovide for the transfer of IDEA rights at the age majority. Michigan has done so. Thus,parents would no longer have the right to participate in future IEP meetings (although theycould be invited by the student or the district) or to request a due process hearing.45