been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority.
When students with disabilities reach the age of majority, age 18, the legal rights for special education services move from the parents to the student. Parents and students are notified one year before the student’s 18th birthday of this transfer of rights. If parents or care providers determine that the student is unable to, or incapable of, making decisions about education or independent living, there are two options. A legal guardianship can be established as the broadest and most restrictive form of management. The guardian makes decisions on behalf of the student for medical care, financial management, education, and all other life situations. An alternate option is conservatorship. This less restrictive method allows a conservator to handle financial decisions only (Transition to Adult Living, A Guide for Secondary Education, California Department of Education, 2001). The signature page of the D/M SELPA IEP form (D/M 68K) provides the mechanism for documenting that students have been advised of the rights and their attendant responsibilities they will gain when they reach the age of 18. Section J – Interagency Agreements E.C. 56462. The transition services shall include, but not be limited to the following: (a)(3) the roles of other agencies in the transition process including, but not limited to, the scope of their services, eligibility criteria, and funding. (b)(4) the coordination of the transition planning process, including the development of necessary interagency agreements and procedures at both state and local levels. (g) coordination with other specialized programs that serve students who face barriers to successful transition. Interagency agreements shall contain a description of the scope of the agency’s services, eligibility criteria, and funding. Services will be coordinated to serve students who face a barrier to a successful transition from school to adult living. The case carrier will review student abilities and challenges and, with the consent of the parent or the student if the student has attained the age of majority, will invite appropriate agency representatives to the IEP annual review. The notice to parents and, in cases where the student is 18 or older, to the student, shall contain notification of the agency’s participation in the IEP meeting. It is clear that the inclusion of agency participation in the student’s transition planning should start prior to the last year of the student’s high school education. Interagency access is accomplished through the IEP process. All students have the right to access services offered by the community agencies; however, the school system is not financially responsible for services beyond the scope of the IEP. Methods chosen to accomplish written goals are at the discretion of the education professionals. Interagency Agreements are located in Chapter 12 of the D/M SELPA policy manual.
Chapter 9 – Transition Services, Desert/Mountain SELPA As of 10/18/2019 Steering Committee Review/Adoption
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