15-773

15-773. Transfer of parental rights at age of
majority

A. When a pupil with a disability reaches eighteen years of age, all rights
previously accorded to the pupil's parent under part B of the individuals with
disabilities education act (20 United States Code sections 1400 through 1420) and all
rights previously accorded to the pupil's parent under the laws of this state are
transferred to the pupil, unless the pupil has been declared legally incompetent.

B. A pupil with a disability who is at least eighteen years of age but under
twenty-two years of age and who has not been declared legally incompetent, and who
manifests the capacity to give and gives informed consent, may execute a delegation of
right to make educational decisions pursuant to this section for the purpose of
appointing the pupil's parent or agent to represent the educational interests of the
pupil. A student shall have the right to terminate the agreement at any time and resume
the right to make decisions regarding their education.

C. The delegation of right to make educational decisions shall meet all of the
following requirements:

1. Contain language indicating the pupil is eighteen years of age or older but
under twenty-two years of age.

2. Contain language that the pupil intends to delegate the pupil's educational
rights under state and federal law to a specified individual who is at least eighteen
years of age.

3. Contain language that the pupil has not been declared legally incompetent.

4. Contain language that the pupil is entitled to be present during the development
of any individualized education plan and that any issues or concerns raised by the pupil
will be addressed.

5. Not exceed one year in duration, but may be renewed with the written or other
formal authorization of the pupil and the person who accepts the delegation each year
until the pupil reaches twenty-two years of age.

6. Contain language permitting the pupil to terminate at any time.

7. Be signed by the pupil or contain some other manifestation of assent that the
pupil has agreed to the terms of the delegation.

8. Be signed or assented to by the person who accepts the delegation.

9. Be notarized.

D. A notarized instrument that is signed or assented to by the pupil and the person
who accepts the delegation and that is in substantially the following form shall be
presumed to satisfy the requirements of subsection C:

Delegation of Right to Make Educational Decisions

I, __________________, am eighteen years of age but under twenty-two
years of age and a pupil who has the right to make educational decisions for
myself under state and federal law. I have not been declared legally
incompetent, and as of the date of the execution of this document, I delegate
my right to give consent and to make decisions concerning educational matters
to __________________, who will be considered my "parent" for the purposes of
20 United States Code section 1401 and will exercise all the rights and
responsibilities concerning my education that are conferred on a parent
pursuant to state and federal law. I understand and give my consent that
______________ will make all decisions relating to my education on my behalf.
I understand that I am entitled to be present during the development of any
individualized education plan and that any issues or concerns I may have will
be addressed. This delegation will be in effect for one year from today's date
and may be renewed only by my written or formal authorization. I understand
that I have the right to terminate this agreement at any time and resume the
right to make decisions regarding my education.

E. The delegation of right to make educational decisions pursuant to this section
may be given in writing, by audio or video means or in any other alternative format that
is necessitated by the pupil's disability.