TRANSITION GUIDE

A TRANSITION GUIDE TO POSTSECONDARY EDUCATION AND EMPLOYMENT FOR STUDENTS AND YOUTH WITH DISABILITIES
Parental Consent, Age of Majority, Supported Decision-making and Guardianship
Outreach to parents, family members, caregivers, and representative’s plays a critical role in the
transition process. For students who receive services under Part B of IDEA, parental rights may transfer
to the student when he or she reaches the “age of majority under State law,” except for a child who has
been determined incompetent under State law. The age of majority is the age that a State sets for a
minor to become an adult and assume legal responsibility for himself/herself and all decisions that
accompany that (e.g., financial, medical, educational). 35 In most States, this is age 18. To learn more
about the age of majority visit: www.parentcenterhub.org/repository/age-of-majority-parentguide.
At the time a student reaches the age of majority, if parental rights have transferred to the student
under State law, the student has the right to make his or her own educational, employment, or
independent living decisions. VR agencies conduct outreach directly to these students. The consent of
the parents or an IDEA-eligible student who has reached the age of majority must be obtained before
personally identifiable information about the student is released to officials of participating agencies,
including VR agencies that are providing or paying for transition services.
As IDEA-eligible students with disabilities reach the age of majority, they and their parents are advised to
seek information to help them understand their options for making educational decisions. A student
need not be placed under guardianship in order for his or her family to remain involved in educational
decisions. Guardianship places significant restrictions on the rights of an individual. Students and parents
are urged to consider information about less restrictive alternatives.
Parents' rights may transfer to an IDEA-eligible student with a disability who has reached the age of
majority under State law that applies to all children, except for a student with a disability who has been
determined to be incompetent under State law. If State law permits parental rights under the IDEA to
transfer to a student who has reached the age of majority, that student can become the educational
rights holder who invites family members to participate in the IEP meeting. If the adult student does not
want to have that role, he or she can execute a power of attorney authorizing a family member to be the
educational decision-maker. Alternatively, if a student does not have the capacity to execute a power of
attorney or prefers not to use that option, a supported decision-making arrangement can be established
consistent with applicable State procedures, in which the parents (or other representatives) assist the
student in making decisions, if the student has not been determined to be incompetent but does not
have the ability to provide informed consent with respect to his or her educational programs. Unlike
under guardianship, the student remains an autonomous decision-maker in all aspects of his or her life.
To learn more about supported decision-making visit: www.supporteddecisionmaking.org.
Families are encouraged to seek services from the Parent Training and Information Centers funded by
the Office of Special Education Programs, and Parent Information and Training Programs funded by the
Rehabilitation Services Administration.
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