Procedural safeguard rights associated with IDEA transfer to the student at the age of majority. In Oregon, the age of majority is 18, or when the student gets married or becomes legally emancipated. The IEP Team must plan ahead, and assist the student and the parent in understanding and preparing for the transfer of rights that will occur. There are two "points in time" associated with the transfer of rights. The first occurs at least one year before the student reaches the age of majority, and is an IEP content requirement. The second occurs when the student reaches the age of majority, and is a procedural safeguard requirement.
- At least one year before student turns 18: The district must notify the student and the parent that rights will transfer at the age of majority. This notice must be provided and documented on the IEP that will be in effect when the student turns 17. A copy of the Notice of Procedural Safeguards must be given to the student at that time.
- When the student reaches the age of majority: The district must provide written notice to the student and parent at the time the student reaches the age of majority and rights transfer; districts may not wait until the next scheduled IEP meeting to provide such notice.
Contact:
Shava Feinstein