Age of Majority

Age of Majority is a term used to describe the age after which a person is legally no longer considered a child and becomes a legal adult. In California, the legal age of majority is 18 years. 

When a child with a disability turns 18, all rights under state and federal special education law transfer from the parent(s) to the adult student (except in the case of a child with a disability who has been deemed unable to make their own educational decisions under California Law). At this point, the student becomes responsible for all educational, medical, financial, and legal decisions on their own behalf. This transfer of rights also applies to those students incarcerated in an adult or juvenile federal, state, regional, or local correctional institution. 

Per IDEA, an LEA/district must inform the parent(s) and special education student before they turn 17 that all rights will transfer to the student on their 18th birthday (34 C.F.R. §300.320(c)). The Transition Plan section of the IEP includes a statement that must be completed to document the discussion with the parent and student regarding the transfer of rights upon reaching the age of majority. This conversation typically occurs during an IEP meeting before the student turns 17 and should be documented in the notes of the IEP meeting. Both the student and the parent must be present at the meeting for the discussion to ensure all questions are answered and that the student and parent clearly understand what is included in the transfer of rights.