Quick answer: The age of majority is the age when a person becomes a legal adult under state law, which is 18 in most states, 19 in Alabama and Nebraska, and 21 in Mississippi. In special education, many states transfer IDEA parental rights to the student at the age of majority. At least one year before that age, the IEP must state that the student has been told which rights will transfer. After the transfer, the adult student makes educational decisions, unless a court or another legal arrangement says otherwise.
In this guide
Many parents learn about the age of majority by surprise, when the school sends the IEP invitation to their child instead of to them. Knowing the rules in advance gives families time to teach decision-making, plan supports and choose the least restrictive option.
What the Law Says About the Age of Majority
IDEA allows states to transfer all Part B parental rights to a student who reaches the age of majority and has not been found incompetent under state law. The school must notify both the student and the parents (34 CFR 300.520). Beginning at least one year before the age of majority, the IEP must include a statement that the student has been informed of the rights that will transfer (34 CFR 300.320(c)).
Key point: Not every state transfers educational rights, and the age differs by state. Check your state’s procedural safeguards notice.
Age of Majority Timeline
Plan early, not the month before
Which Rights Transfer at the Age of Majority
| Right | Before | After transfer |
|---|---|---|
| Receive IEP meeting notices | Parent | Adult student (parents still get notices) |
| Consent to evaluation and services | Parent | Adult student |
| Agree or disagree with the IEP | Parent | Adult student |
| Request mediation or due process | Parent | Adult student |
| Access education records | Parent | Adult student |
Parents can still attend IEP meetings when the adult student invites them, and many students choose to keep their parents involved. Learn more about these rights in our guide to procedural safeguards.
Options If the Student Needs Decision Support
From least to most restrictive
The Center for Parent Information and Resources outlines supported decision-making, power of attorney and guardianship as the main options (CPIR). See our full guide to alternatives to guardianship.
Script: a student inviting a parent to stay involved
“I am 18 now and I make my own IEP decisions. I would like my mom to keep coming to my meetings and to get copies of everything. Please send her the notices too.”
- Find your state’s age of majority and whether rights transfer.
- Read the transfer of rights statement in the IEP at 17.
- Teach your teen what each right means, with real examples.
- Choose decision supports before the birthday, not after.
- Ask the school how it will notify you and your child.
Real-Life Example
Case story
Daniel, 17, has a learning disability and ADHD. At his IEP meeting, the team explained that his rights would transfer at 18. His parents worried, but Daniel practiced reading his IEP, asking questions and saying what he agreed with. After his birthday, he signed his IEP himself and invited his parents to every meeting. When he disagreed with dropping a reading service, he requested a new meeting on his own.
Remember: The age of majority is not just a legal date. It is a goal to teach toward for years, using transition planning in the IEP.
Age of Majority FAQ
What is the age of majority?
The age when someone becomes a legal adult under state law, usually 18.
Do IEP rights transfer in every state?
No. IDEA lets states decide, so check your state’s rules.
Can parents still attend IEP meetings after 18?
Yes, when the adult student invites them, and schools still send parents notices.
Is guardianship required for students with disabilities?
No. Guardianship is a last resort; many less restrictive options exist.
What if my child cannot make educational decisions?
States must have a process to appoint a representative, often the parent, for students unable to give informed consent.
In short: The age of majority shifts IEP decisions to the student. Learn your state rules early, teach decision-making, and choose the least restrictive support. This article is part of our Transition to Adulthood series.
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Sources
- 34 CFR 300.520. Transfer of parental rights at age of majority (Cornell LII)
- IDEA Regulations, 34 CFR 300.320(c). Transfer of rights statement
- Center for Parent Information and Resources. What Does Age of Majority Mean?
- Administration for Community Living. Alternatives to Guardianship
This article is educational and does not replace legal advice. Rules vary by state.
