Age of Majority
IDEA requires that the child and parent be notified of the age of majority rule one year prior to the child reaching 18 years of age. At the time the child turns 18, he/she will be recognized as an adult under California Education Code and will be able to exercise educational rights as provided for by federal and state laws. It may be impossible for a child with a disability to exercise his/her rights. If this is the case, the child may designate another person to approve and execute school programs or the child’s parent s can apply for a traditional or limited conservatorship. California Education Code § 56041.5; Title 34 of the Code of Federal Regulations § 300.520. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.
Parent Revokes Consent for Special Education and Related Services
IDEA was amended December 31, 2008, to clarify and strengthen regulations in Title 34 of the Code of Federal Regulations, Part 300, in the areas of parental consent for continued special education and related services. Title 34 of the Code of Federal Regulations § 300.300(b)(4) was revised to require that parental revocation of consent for the continued provision of special education and related services must be in writing and that upon revocation of consent, LEAs must provide the parent with PWN in accordance with Title 34 of the Code of Federal Regulations § 300.503. If, at any time subsequent to the initial provision of special education and related services, a parent of a child with a disability revokes consent in writing for the continued provision of special education and related services, Charter LEAs: • May discontinue the provision of special education and related services to the child, but must provide PWN in accordance with Title 34 of the Code of Federal Regulations § 300.503 before ceasing the provision of these services; • May not use the procedures in subpart E of this part (including the mediation procedures under Title 34 of the Code of Federal Regulations § 300.506 or the due process procedures under Title 34 of the Code of Federal Regulations §§ 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child; • Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and • Is not required to convene an IEP team meeting or develop an IEP under Title 34 of the Code of Federal Regulations §§ 300.320 and 300.324 for the child for further provision of special education and related services.
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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