Transfer of Rights
System to Notify Students and Parents of The Transfer of Rights
Beginning at age 16, the ARD committee routinely completes the IEP supplement of needed transition services and IEP goals and objectives. This IEP supplement serves as notice to students and parents of the student's rights, if any that will transfer to him/her at age 18. This ensures notification of transfer of rights by the student's 17th birthday.
When a student is informed of his/her upcoming transfer of rights the Notice of Procedural Safeguards will be provided to the student.
As close as possible to the student's 18th birthday AISD will provide a notice in writing to parents and students of the transfer of rights from the parent to the adult student.
The written letter will explain:
- That unless the student's parent or other individual has been granted guardianship of the student all rights will transfer to the student upon reaching the age of 18.
- That the adult student has the same right to make educational decisions as a student without a disability.
- That the parental rights once accorded to the parent under the IDEA have transferred to the adult student.
- That any notice required under the IDEA will be provided to both the parent and adult student, unless the student is incarcerated in an adult or juvenile, state or local correctional institution.
- That if you have questions you may contact your campus principal, diagnostician, or special education director.
- That a future "notice" under IDEA, Part B does not create a right for the parent to consent to or participate in the proposal or refusal to which the notice relates. For example, a notice of an ARD committee meeting does not constitute invitation to, or create a right for, the parent to attend the meeting. However, the adult student or the school district may invite individuals who have knowledge or special expertise regarding the student, including the parent.