MEMORANDUM OF CLARIFICATION
TO:Jayne Tebay, SMHS Principal
Shelley Taylor, SMHS Asst. Principal
Jan Brewer, Mandy Mote, Jodi Mote, Jay Smith - SMHS Special Educators
JoAnn Jones, Speech Therapist
Loura Rinard, Susan Travers - SMHS Counselors
FROM:Kimberly D. Kehrer, Director of Special Programs
DATE: February 17, 2015
SUBJECT:Transfer of Rights at Age of Majority
As a result of the special education monitoring conducted by the WVDE-OSP in January 2015, it was determined that a clarification was required regarding the transfer of student special education rights at the age of majority. As per Policy 2419, Chapter 10 Procedural Safeguards, Section 9. Adult Students and the Transfer of Rights:
A. Discussion of the Transfer of Rights:The IEP must discuss the transfer of special education rights to the student. Special education rights will transfer from the parent to the adult student when the student turns eighteen years of age unless a court has appointed a legal guardian to represent the educational interests of the student. Beginning not later than the 17th birthday, the IEP must include a statement that the student has been informed of the rights that will transfer at age eighteen.
B. Notice of Transfer of Parental Rights at Age Eighteen: When the student’s special education rights transfer at age eighteen, the parent and student must be notified that rights have transferred. The IEP must contain a statement that the student has been informed of the special education rights that have transferred to him or her.
C. Written Notice and IEP Team Participation: The right to receive written notice is always retained by both the parent and adult student. The parent will continue to
receive copies of any notices, including those listed in Section 1 of this chapter. While a parent has the right to receive notices, only the adult student has the right to make decisions regarding his or her educational program.
Notice of Transfer of Rights occurs at the IEP meeting prior to the student’s 17th birthday. Following the notice and discussion, the IEP Team must obtain both parent and student initials on the IEP-Part VI: TRANSITION PLANNING Age of Majority. Per WVDE instructions for completing this section of the IEP:
Select YES if transfer of rights was discussed during the IEP meeting. Select NO if the student is not of an appropriate age. If the parent and/or student are not present at the IEP team meeting, parent and student initials (along with date) must be obtained prior to the student’s 17th birthday. (The initials and date may be secured and recorded on the IEP document following the IEP meeting.) In addition, the team should provide the Age of Majority Brochure to parent and student and explain the contents. If appropriate, provide the parent information regarding guardianship.
The Age of Majority brochure may be accessed on the Office of Special Programswebsite. The resources for guardianship may include the local Parent Educator Resource Center, Circuit Court and Developmental Disabilities Council.
Please direct any questions to Kimberly Kehrer at or (304) 684-2215 ext. 106.
cc:Michael Wells, Superintendent, Pleasants County Schools
Matthew Dotson, Coordinator, WVDE Office of Special Programs