TN Mom Posted October 16, 2023 Posted October 16, 2023 What is the specific IDEA law regarding age of majority? Must the school provide formal or written notice at least one year before AOM is reached, and where in the IEP should it be noted, if at all? Please advise... Thank you Quote
0 Moderators Carolyn Rowlett Posted October 16, 2023 Moderators Posted October 16, 2023 Link to IDEA law regarding this issue is below. As you can see, a lot is left up to the individual states, so you will need to check your state department of education's website for specific procedures. https://sites.ed.gov/idea/regs/b/e/300.520 Quote
0 JSD24 Posted October 17, 2023 Posted October 17, 2023 I am in PA & our IEPs all say that 21 is the age of majority for educational decisions in a K-12 school. (In college, it's 18 - although it might be younger.) A parent needs to sign off on an IEP; a student (even one who is 19) cannot. I know that it's different in Florida. The person accused of bringing a gun to Marjory Stoneman Douglas HS had signed himself out of sp ed. If this was PA, he would have been assigned a surrogate parent & they would have had to do the signing. Varies by state (not mentioned in IDEA) is the bottom line but I'd assume it's 18 if you had to make an assumption. Quote
0 Administrators Lisa Lightner Posted October 19, 2023 Administrators Posted October 19, 2023 DOes this help? https://www.findlaw.com/state/tennessee-law/tennessee-legal-ages-laws.html#:~:text=The following chart summarizes Tennessee,additional links to related resources.&text=Under §1-3-105,age of majority is 18. Quote More ways I can help with your IEP or 504 Plan NEW: Anxiety at School Toolkit NEW: How to Know if your Child's IEP is Working Online Advocacy Training (always new, because new content gets added every month) IEP Data Collection for Teachers and Staff
0 TN Mom Posted October 19, 2023 Author Posted October 19, 2023 Thanks to each of you... My question was really more about when should the parents should be notified regarding AOM, and if in doing so, should it have been documented on the IEP. Another Mom feels that she was recently blindsided. One thing after another kept resulting in the need to table resolving issues and signing the IEP. At the end of the last meeting, she was told that she wouldn't be able to continue representing her daughter because she would celebrate her 18th birthday over that weekend. I paraphrase..."can't sign her IEP but FAFSA needs me" Quote
0 Moderators Carolyn Rowlett Posted October 20, 2023 Moderators Posted October 20, 2023 You should find the answers to these questions on you state department of education's website, special education division. Quote
0 EmilyM Posted October 20, 2023 Posted October 20, 2023 Random question: is it ever possible to petition an exception to AOM? Quote
0 Administrators Lisa Lightner Posted October 20, 2023 Administrators Posted October 20, 2023 3 hours ago, EmilyM said: Random question: is it ever possible to petition an exception to AOM? I don't think so--I think what you may want to pursue is guardianship, supported decision making, POA and things like that. https://adayinourshoes.com/guardianship-disabled-child/ https://adayinourshoes.com/supported-decision-making/ Quote More ways I can help with your IEP or 504 Plan NEW: Anxiety at School Toolkit NEW: How to Know if your Child's IEP is Working Online Advocacy Training (always new, because new content gets added every month) IEP Data Collection for Teachers and Staff
Question
TN Mom
What is the specific IDEA law regarding age of majority? Must the school provide formal or written notice at least one year before AOM is reached, and where in the IEP should it be noted, if at all?
Please advise...
Thank you
7 answers to this question
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