We request your help in understanding the special rule requirements under 20 US Code Section 1415 – Procedural Safeguards (copied below)
(m) Transfer of parental rights at age of majority
(1) In general
- A State that receives amounts from a grant under this subchapter may provide that, when a child with a disability reaches the age of majority under State law (except for a child with a disability who has been determined to be incompetent under State law)—
- (A) the agency shall provide any notice required by this section to both the individual and the parents;
- (B) all other rights accorded to parents under this subchapter transfer to the child;
- (C) the agency shall notify the individual and the parents of the transfer of rights; and
- (D) all rights accorded to parents under this subchapter transfer to children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution.
(2) Special rule
- If, under State law, a child with a disability who has reached the age of majority under State law, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the child, the State shall establish procedures for appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility of the child under this subchapter.
Does your state have a law that describes when an adult student with a disability, who has not been declared incompetent, is not capable of providing informed consent?
What process or procedures are used to determine when a student who has reached the age of majority is NOT capable of providing informed consent for educational programming?
How do you decide it is appropriate to use the process or procedures?
May the adult student appeal a decision that he or she is not capable of providing informed consent?
When that process is used to determine a student is not capable of providing informed consent, but no parent is available, how do you proceed under the special rule to appoint a representative for the child?