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1342.12 Companion
July 12, 2017
Page 26
Transfer of Rights (Age of Majority)
DoDM 1342.12E4 S19e p51, 52
In DoDEA, a student reaches the age of majority at 18. The IDEA and DoDM 1342.12 (June 17, 2015),
require DoDEA to notify the parents and student, as part of transition planning, at least one year before
the student reaches the age of majority, of the rights that will transfer under the IDEA and upon transfer
of those rights. Both the parents and the student are invited to participate in the transition planning
meeting. A statement must be included in the minutes of the transition planning meeting a year before
the student attains majority reflecting that the student has been advised of the pending transfer of
rights, and the student’s IEP should be annotated when the student reaches the age of majority. After
the student reaches the age of majority and rights have been transferred, any notice required by law
such as procedural safeguards and notice of meeting must be provided to both the student and the
parents.
The transfer of rights at the age of majority means that the student becomes responsible for his or her
educational program and all rights previously afforded to the parents transfer to the student at the age
of majority. Rights that transfer to the student include, but are not limited to, the right to:
1.
Receive notice of and attend IEP meetings;
2.
Consent for reevaluation; and
3.
Request mediation or a due process hearing to resolve a dispute about evaluation,
identification, eligibility, IEP, placement or other aspects of FAPE.
If the student with a disability who has been determined to be incompetent in accordance with Federal
or State law reaches the age of majority the rights afforded to the parents remain with the parents.
When a student with a disability who has not been determined to be incompetent, but who does not
have the ability to provide informed consent with respect to his or her educational program reaches
the age of majority, the DoD shall appoint a parent or the parents of the student to represent the
educational interests of the student throughout the period of eligibility for special education services.