IDEA and Age of Majority

[TN Mom]

What is the specific IDEA law regarding age of majority? Must the school provide formal or written notice at least one year before AOM is reached, and where in the IEP should it be noted, if at all?

Please advise...

Thank you 

[Carolyn Rowlett]

Link to IDEA law regarding this issue is below.  As you can see, a lot is left up to the individual states, so you will need to check your state department of education's website for specific procedures.

 

https://sites.ed.gov/idea/regs/b/e/300.520

[JSD24]

I am in PA & our IEPs all say that 21 is the age of majority for educational decisions in a K-12 school.  (In college, it's 18 - although it might be younger.)  A parent needs to sign off on an IEP; a student (even one who is 19) cannot.  I know that it's different in Florida.  The person accused of bringing a gun to Marjory Stoneman Douglas HS had signed himself out of sp ed.  If this was PA, he would have been assigned a surrogate parent & they would have had to do the signing.

Varies by state (not mentioned in IDEA) is the bottom line but I'd assume it's 18 if you had to make an assumption.

[Lisa Lightner]

DOes this help?

 

https://www.findlaw.com/state/tennessee-law/tennessee-legal-ages-laws.html#:~:text=The following chart summarizes Tennessee,additional links to related resources.&text=Under §1-3-105,age of majority is 18.

[TN Mom]

Thanks to each of you...

My question was really more about when should the parents should be notified regarding AOM, and if in doing so, should it have been documented on the IEP.

Another Mom feels that she was recently blindsided.

One thing after another kept resulting in the need to table resolving issues and signing the IEP. At the end of the last meeting, she was told that she wouldn't be able to continue representing her daughter because she would celebrate her 18th birthday over that weekend. 

I paraphrase..."can't sign her IEP but FAFSA needs me"

 

 

 

 

[Carolyn Rowlett]

You should find the answers to these questions on you state department of education's website, special education division.

[EmilyM]

Random question: is it ever possible to petition an exception to AOM?

[Lisa Lightner]

3 hours ago, EmilyM said:

Random question: is it ever possible to petition an exception to AOM?

I don't think so--I think what you may want to pursue is guardianship, supported decision making, POA and things like that.

 

https://adayinourshoes.com/guardianship-disabled-child/

 

https://adayinourshoes.com/supported-decision-making/