What Is Age of Majority and How Does It Affect the IEP Process?

Hey there, fellow IEP advocates and parents!

Let’s talk about something that’s not often on our radar until it’s suddenly looming large: age of majority. If your child has been receiving special education services, you’ve likely been navigating the IEP process for years. But when your child approaches 18, the game changes, and it’s important to know what to expect.

So, what exactly is the age of majority, and how does it affect the IEP process? Let’s dive in!

What Is the Age of Majority?

The age of majority is the legal age at which a person is considered an adult. In most states, this is 18 years old, but a few states have different ages, so you’ll want to double-check the laws where you live. In most states, the age of majority is 18, with a few exceptions like Alabama (19), Nebraska (19), and Mississippi (21).

Once your child reaches this age, they are legally recognized as an adult and are responsible for making their own decisions.

This milestone impacts several areas of life, including the IEP process. Up until this point, you’ve likely been the one making decisions regarding your child’s education, services, and accommodations.

But once your child reaches the age of majority, they may gain the legal right to make those decisions themselves.

Beginning at least one year before the student reaches the age of majority the IEP must include a statement that the student has received notice and been told about the rights (if any) that will transfer to him or her at age of majority under IDEA code §300.520.

How Does Age of Majority Affect the IEP Process?

When your child turns 18, the rights under IDEA (Individuals with Disabilities Education Act) that were previously yours as a parent transfer to them. This includes making decisions about their IEP, participating in IEP meetings, and agreeing to or refusing services.

Some states have provisions that the educational rights remain with the parent or guardian for the duration of an IEP (19-21). Some do not.

IDEA’s Exact Words on Age of Majority

The relevant IEP-related provision within IDEA requires the following:

(c) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under §300.520. [§300.320(c)]

§ 300.520 Transfer of parental rights at age of majority.

(a) General. A State may provide that, when a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law)—

(1)(i) The public agency must provide any notice required by this part to both the child and the parents; and

(ii) All rights accorded to parents under Part B of the Act transfer to the child;

(2) All rights accorded to parents under Part B of the Act transfer to children who are incarcerated in an adult or juvenile, State or local correctional institution; and

(3) Whenever a State provides for the transfer of rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency must notify the child and the parents of the transfer of rights.

(b) Special rule. A State must establish procedures for appointing the parent of a child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the Act if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.

Transfer of Rights

By law, at the age of majority, your child’s educational rights transfer from you to them unless your state has special provisions for IEP students. This means they are now the one who must give consent for evaluations, changes to the IEP, and other decisions related to their education.

The school is required to inform both you and your child about this transfer of rights at least one year before your child reaches the age of majority. Ideally, this gives you and your child time to prepare for the transition.

What if My Child Isn’t Ready?

Not every child will be ready or able to take on these responsibilities at 18. If you’re concerned about your child’s ability to make informed decisions, there are steps you can take.

One option is guardianship or conservatorship, where a court grants you (or another trusted adult) the legal authority to make decisions on your child’s behalf. However, guardianship can be a restrictive measure, and it’s not always the best fit for every family. There are also less restrictive alternatives, like a power of attorney, where your child grants you permission to make decisions for them in certain areas, such as education.

If you think guardianship or another legal option might be necessary, it’s a good idea to start this process well before your child turns 18, as it can take time to complete.

Involving Your Child in the IEP Process

Whether or not your child is ready to make all their own decisions, it’s important to start involving them in the IEP process as early as possible. This doesn’t mean they need to be calling all the shots right away, but gradually increasing their involvement can help them gain confidence and understand the process better.

For example, you can start by having your child attend part of the IEP meetings to listen in or give input on their goals. Over time, they can take on a more active role, such as helping to set their own goals or discussing what accommodations they find most helpful.

By the time they reach the age of majority, your child should have a solid understanding of their IEP and be prepared to advocate for themselves, with your support as needed.

Self-Advocacy Skills

One of the most important aspects of the transition to adulthood is helping your child develop self-advocacy skills. These are the skills they’ll need to communicate their needs, preferences, and goals effectively.

Self-advocacy can be taught in small steps. Start by encouraging your child to speak up about what they need in everyday situations, then gradually apply those skills to more formal settings, like IEP meetings. You can also role-play scenarios with them to practice how they might handle different situations, such as requesting a change in accommodations or addressing a concern with a teacher.

The more practice your child gets in advocating for themselves, the better prepared they’ll be to navigate the IEP process when they reach the age of majority.

Educational Rights After 18

Even after your child turns 18, they are still entitled to special education services under IDEA until they graduate with a regular high school diploma or turn 21 (or 22, depending on the state), whichever comes first.

This means the IEP process doesn’t stop at 18—it continues as long as your child remains eligible for services. However, the way decisions are made changes, with your child now taking the lead, unless your state has provisions in place that you remain in charge as long as they have an IEP (many do!).

Please note–this can vary by state, so be clear on what your state says about age of majority and disabled children. Not all states transfer rights at age of majority.

For purposes of education, the age of majority is reached in Pennsylvania when the individual reaches 21 years of age. Likewise, for purposes of the Individuals with Disabilities Education Act, the age of majority is reached for students with disabilities when they reach 21 years of age.

IEP Meetings After Age of Majority

After your child reaches the age of majority, they will be invited to their own IEP meetings, and they have the right to decide who else can attend. While this might be a big shift, it’s important to stay involved and supportive. Encourage your child to include you in these meetings, so you can continue to provide guidance and help them navigate the process.

Some teens will be eager to take the reins, while others may want you to continue handling things for a while. The key is to communicate openly and ensure your child knows they have your support, whether they want to take the lead or lean on you a bit longer.

For most states, they will not have educational authority. Their “age of majority” rights will not apply to IEPs.

How to Prepare for Age of Majority

The best way to prepare for the age of majority is to start early. Here are some steps to consider:

1. Discuss the Transition Early: Have conversations with your child about the age of majority and what it will mean for them. Talk about their rights, responsibilities, and how they can gradually take on more decision-making.
2. Review the IEP Together: Go over the IEP with your child to ensure they understand what it is, what it does, and how it can help them. Discuss the goals, accommodations, and services in place and get their input on what’s working or what might need to change.
3. Plan for Self-Advocacy: Work on developing your child’s self-advocacy skills. This might include practicing how to speak up in meetings, understanding their rights, and learning how to request changes or accommodations.
4. Explore Legal Options: If you believe your child will need continued support with decision-making after 18, start exploring legal options like guardianship, power of attorney, or other alternatives well before their birthday.
5. Stay Involved: Even after the age of majority, continue to be an active participant in your child’s education. Encourage them to include you in their IEP meetings and decisions, while also respecting their growing independence.

Age of Consent for Health Care

Many IEP students have more health issues than non-disabled students. This often leads to more doctor and hospital visits, more medications and just generally a lot more health care interactions than their non disabled peers.

THIS MATTERS! I have had clients refuse mental health counseling, medication and treatment, which is their legal right to do depending on their age.

The age of consent for health care refers to the age at which a minor can make decisions about their medical treatment without needing parental consent. This can vary depending on the type of medical care and the state’s laws. Below is a general overview for all 50 states:

1. Alabama – 14 for general medical consent; varies by service
2. Alaska – No specific statute; generally follows age of majority (18)
3. Arizona – No specific statute; generally follows age of majority (18)
4. Arkansas – 18, but minors can consent for certain services
5. California – 12 for certain services (e.g., mental health, reproductive health)
6. Colorado – 15 for general medical consent; varies by service
7. Connecticut – 18; younger for specific services (e.g., reproductive health)
8. Delaware – 18; younger for specific services (e.g., sexual health)
9. Florida – 18, with some exceptions for specific services
10. Georgia – 18; minors may consent for some services (e.g., reproductive health)
11. Hawaii – 14 for certain services (e.g., mental health)
12. Idaho – 18; minors may consent for specific services
13. Illinois – 12 for certain services (e.g., mental health)
14. Indiana – 18; varies for specific services (e.g., reproductive health)
15. Iowa – 18; younger for specific services (e.g., reproductive health)
16. Kansas – 16 for general medical consent; varies by service
17. Kentucky – 16 for general medical consent; varies by service
18. Louisiana – 17; varies by service
19. Maine – 14 for general medical consent; varies by service
20. Maryland – 16 for general medical consent; varies by service
21. Massachusetts – 18; younger for certain services
22. Michigan – 18; younger for specific services (e.g., reproductive health)
23. Minnesota – 18; younger for certain services
24. Mississippi – 18; minors may consent for certain services (e.g., sexual health)
25. Missouri – 18; younger for specific services (e.g., reproductive health)
26. Montana – 16 for general medical consent; varies by service
27. Nebraska – 18; younger for specific services (e.g., reproductive health)
28. Nevada – 18; younger for certain services
29. New Hampshire – 18; younger for specific services (e.g., mental health)
30. New Jersey – 16 for general medical consent; varies by service
31. New Mexico – 14 for certain services (e.g., mental health)
32. New York – 18; younger for certain services (e.g., sexual health)
33. North Carolina – 18; minors may consent for specific services (e.g., sexual health)
34. North Dakota – 14 for general medical consent; varies by service
35. Ohio – 18; younger for specific services (e.g., reproductive health)
36. Oklahoma – 18; younger for specific services (e.g., reproductive health)
37. Oregon – 15 for general medical consent; varies by service
38. Pennsylvania – 18; younger for certain services (e.g., mental health)
39. Rhode Island – 16 for general medical consent; varies by service
40. South Carolina – 16 for general medical consent; varies by service
41. South Dakota – 18; younger for certain services
42. Tennessee – 16 for general medical consent; varies by service
43. Texas – 18; younger for certain services (e.g., mental health)
44. Utah – 18; younger for certain services (e.g., reproductive health)
45. Vermont – 18; younger for certain services (e.g., mental health)
46. Virginia – 18; younger for certain services (e.g., mental health)
47. Washington – 13 for mental health services; varies by service
48. West Virginia – 18; younger for certain services (e.g., reproductive health)
49. Wisconsin – 18; younger for specific services (e.g., reproductive health)
50. Wyoming – 18; younger for certain services (e.g., sexual health)

In many states, minors can consent to certain types of health care, such as mental health services, substance abuse treatment, or reproductive health care, even if they are under the age of majority. However, these laws can vary widely, so it’s important to check the specific statutes in your state.

Age of Majority vs. Age of Consent in Health Care

While the age of majority is often tied to legal independence and the ability to make educational decisions, it’s important to understand how it differs from the age of consent, particularly in the context of health care. The age of consent generally refers to the age at which an individual can legally agree to medical treatment, including making decisions about their health care without needing parental permission.

In most states, the age of consent aligns with the age of majority—typically 18 years old. This means that when your child reaches the age of majority, they also gain the right to make their own health care decisions. This can include consenting to or refusing medical treatments, managing their own health care records, and making decisions about procedures or therapies.

However, some states have different rules for specific types of health care decisions, especially when it comes to sensitive areas like mental health, reproductive health, or substance abuse treatment. In certain cases, minors may be allowed to make decisions in these areas before they reach the age of majority. For example, some states allow minors to consent to birth control, mental health services, or drug counseling without parental involvement.

It’s also important to note that the transition to health care decision-making can be complex for individuals with special needs. If your child has a disability that affects their ability to make informed decisions, you may need to consider legal options like guardianship or a power of attorney to continue supporting their health care needs after they reach the age of majority. This ensures they have the appropriate guidance while maintaining as much independence as possible.

Understanding the difference between the age of majority and the age of consent is crucial as your child approaches adulthood. Being aware of these distinctions will help you prepare for the transition and ensure that your child’s educational and health care rights are respected as they step into adulthood.

Final Thoughts on Age of Majority

The transition to the age of majority is a significant milestone in your child’s life, and it brings changes to the IEP process as well. While this can feel overwhelming, with the right preparation, you can help your child navigate this new stage with confidence.

Remember, the goal is to empower your child to take charge of their education, while still providing the support and guidance they need. By starting early and working together, you can make this transition a positive and successful one.

You’ve got this—and as always, I’m here to help you every step of the way.