Transition Trends: Transfer of Rights

IN-APSE Transition Trends, Winter Issue, 2025

Age 18 Transfer of Rights; Vital Information for Students, Educators, and Parents

Transfer of Rights

As a student, parent, or special educator, you may be familiar with the Indiana Department of Education Notice of Procedural Safeguards. Sections of this document explain both parental and student rights, describing important changes occurring when a student turns 18, called the age of majority. When a student turns 18, they are considered an adult and may make decisions and take actions on their own behalf, such as getting married or using credit cards. At that time, all of the special education rights belonging to the parent transfer to the 18-year-old student, unless a guardian or educational representative has been established. It is your responsibility, as a student, to educate yourself regarding this transfer of rights and to make informed decisions about how to move forward after you turn 18. It is your responsibility as a parent to assist your son or daughter in developing a plan and to provide decision-making assistance. It is your responsibility, as an agent of the school and as an educator, to prepare both students and parents for this milestone. As an informational pipeline for parents and students, you must also prepare yourself!

Pointers for Students

· Know your rights! Be active by using the resources below to educate yourself.

· Ask others you trust to help you with decision-making and choices abut guardianship before you turn 18.

· Investigate supported decision-making and other alternatives to full guardianship. Then, make a choice and advocate for yourself.

Pointers for Parents

· Transfer of Rights doesn’t mean termination of decisional input.

· Transfer of Rights is an opportunity for personal growth for students.

· Use critical thinking and intentional support planning before seeking restrictive guardianship; guardianship is exceptionally difficult to overturn.

· Involvement, support, and guidance are possible without guardianship, even for students with significant support needs.

Pointers for Educators

· You have options; know what they are (see resources below). Note to the educator: Create a transition service/activity allowing the student to explore those options.

· Advocate for your preferences.

· Make informed decisions about the types of support you need and who could provide that support.

· Work towards a decision about guardianship well before you turn 18.