What happens at age of majority?

Quick answer

IDEA lets each state decide whether IEP rights transfer to the student at the age of majority (34 CFR 300.520(a)). Most states transfer them at 18. Check your state rule. Where a state transfers rights, the IEP must contain a statement, beginning no later than one year before your child reaches the age of majority, that the child has been informed of the rights that will transfer (34 CFR 300.320(c)). That is a line in the IEP, not a letter in the mail. At the transfer itself the agency must notify both you and your child (34 CFR 300.520(a)(3)). After that, the student makes IEP decisions unless a court has appointed a guardian or the state has appointed someone to represent the child's educational interests under 34 CFR 300.520(b).

What this means for parents

Turning 18 does not end the IEP. It changes who signs consent and participates as the legal decision-maker.

• The one-year requirement is a line in the IEP, not a letter in the mail. Beginning no later than one year before the age of majority, the IEP must state that your child has been informed of the rights that will transfer (34 CFR 300.320(c)).
• After transfer, the student receives meeting notices, consents to evaluation and services, and requests records and dispute resolution.
• Parents may still attend IEP meetings if the student invites them, but they no longer have automatic decision authority.
• If your child has not been found incompetent by a court but cannot give informed consent about their education, every state must have a procedure to appoint you or another appropriate individual to represent your child's educational interests (34 CFR 300.520(b)). Ask the district for that procedure first.
• Guardianship takes legal rights away from your child. It is a state court process, it reaches well past education, and IDEA does not require it.
• Some states allow a student to delegate decision-making through a supported decision-making agreement or educational power of attorney, depending on state law.
• Transition planning should prepare students to understand their IEP, advocate for themselves, and participate in meetings before rights transfer.

Questions before your child turns 18

Ask these during high school transition planning, not after rights have already transferred.

1. Does the IEP contain the statement that my child has been informed of the rights that will transfer?
2. What does my child understand about their IEP, disability, and how to request help or dispute a decision?
3. Will I still receive copies of notices and the IEP if my child consents to that?
4. Does my child need a guardianship or other legal support to make educational decisions?
5. How will the team document my child's participation and consent after the transfer?

Simple parent script

Common mistakes to avoid

• Assuming parents keep full IEP decision rights after 18 without guardianship or student consent.
• Watching the mail for a transfer notice. The one-year requirement is a statement inside the IEP, so read the IEP.
• Going straight to guardianship without asking about the 34 CFR 300.520(b) representative, which is narrower and does not strip your child's rights.
• Excluding the student from IEP meetings throughout high school, then expecting them to lead decisions overnight.
• Confusing age of majority with graduation. A student can remain on an IEP until 21 or 22 in many states regardless of who holds decision rights.

When to get more help

Consider getting help when you believe your child cannot make IEP decisions and need to compare the 34 CFR 300.520(b) representative with guardianship, the IEP carries no transfer statement, or you need help preparing your child for self-advocacy before rights transfer.