What happens when they turn 18?

[majorv]

I was talking to our psychologist today about the issues we had with our son and school last semester. She suggested that before my son turns 18 (the end of March) that if he is agreeable, to get him to sign a form at the school that allows the school to inform me of any issues going on with him. Once he's 18 they won't be able to talk to me about anything - any disciplinary action, absences or anything else of concern.

Did anyone else need to do this with their senior when they turned 18? Or did the high school continue to communicate with you when there was a concern or problem?

As far as ARD/IEP meetings I already know that I will continue to be invited but they will look to my son to make any decisions related to his IEP...we both signed acknowledgments about that part.

[sleepy]

High school is still communicating. In our state?/district? if the student is not 18 on the first day of school, unless a paper is signed allowing him to take over all aspects of his education, parents are still notified. They can't be excused without a parent note, can't just leave school without being notified. However, for some reason, they can make major IEP decisions indpendently. I find it odd.

[majorv]

I do remember when my daughter was a senior (and had turned 18) that I still had to write excuses for absences, and if she needed to leave school early for an appt they would call me to verify that she did indeed need to leave early for an appt. Other than e-mailing one of her teachers once I never had to communicate with the school about her. My son is a whole different story though.

[sld123]

www.nichcy.org/EducateChildren/IEP/pages/AgeofMajority.aspx

[in pa, it is when child is graduated]

[healthy11]

By us also, the high schools have continued to keep parents "in the loop" even after they turn 18, but after graduation, then kids have to handle things themselves (such as transcript requests, etc.)

[jisp]

18 is the age of majority. So HIPPA laws apply to anyone over 18 unless otherwise specified. That being said there is almost universal agreement that when it comes to parents there needs to be some flexibility with this law. And in my experience many people will fudge things a bit and sort of ignore HIPPA if they have been working with the parent and child up until that point. But you need to be prepared that technically HIPPA laws apply to almost everything involving your child's health and that nobody is supposed to talk to you without your child's approval. It is worth while to have your child sign releases so you can access information from people like his pediatrician, college, tutors, health insurance etc. Some places will even have a form that you and your child sign for this exact purpose. When our son went off for a semester college program we made him sign as part of his health packet a form we created that allowed the program to share any information with us and for us to share information with them regarding our son.

In MA there is a page on the IEP for when a child turns 18. There are two options. One is that a child signs it saying they want their parents to continue to be involved and be part of the IEP team. For most kids who are college bound and will be leading an independent life after high school this is a perfectly appropriate next step. The child takes over the responsibility of signing the IEP, but the parents are still part of the IEP team. The other option is when the child can not handle that transition and that is a more serious step and you have to be able to justify that the child needs the parent to continue to act as a guardian. If this is necessary it is my recommendation that the parents get legal council because you really want to make sure that you have full authority for anything that might happen (like if your child ends up in the ER or has trouble with the law).

[Mayleng]

can someone post a sample of a release form.

[sld123]

(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.

Jan 15, 2010 8:52:12 GMT -5 sld123 said:

www.nichcy.org/EducateChildren/IEP/pages/AgeofMajority.aspx

[in pa, it is when child is graduated]

[mamak]

It is kind of funny that the SPED law puts the ball in the student's court however in our school dist my DD is not even allowed to call herself sick at age 18. I was told that she would have to show that she was emancipated from us in order for her to excuse herself from school when I asked about this.


RIGHTS THAT TRANSFER 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 IDEA, if any, that will, consistent with 34 CFR §300.520, transfer to the child on reaching the age of majority.
[34 CFR §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.

Handout D-11
The Department of Education’s Model I

EP Form
Available online at:
idea.ed.gov/static/modelForms
In IDEA 2004, the Congress required the U.S. Department of Education to publish and widely disseminate “model forms” to assist States and school districts. Consistent with the instructions from the Congress, the Department developed the Model IEP Form provided in this handout. Its contents are based upon the requirements set forth in the final Part B regulations. Although States must ensure that school districts include all of the content that Part B requires for each of the documents that they provide to parents, States are not required to use the format or specific language reflected in this form. States may choose to add additional content, so long as any additional content is not inconsistent with Part B requirements.
To make the Model IEP Form more user-friendly, the Secretary has:
• used “school district” or “district” in place of “public agency” and “local educational agency.”
• used “you” in place of “parent” (or the student, where parental rights have been transferred from the parent to the student at the age of majority).

[majorv]

You know, I hadn't even thought about the health aspect of his turning 18. I've always made his appts and I usually go with him since he isn't comfortable going to appointments by himself. He finally decided he doesn't want to see a pediatrician anymore so I need to find a family doctor in our health plan he can go to if he wants to continue taking ADHD meds.

From what most of you are saying it sounds like those at the HS won't suddenly stop talking to me about school issues as soon as he turns 18 at least!

[ohmama]

I was told that when they turn 18 I would no longer have the say in any medical, meaning physical or psychiatric treatment decisions, or be allowed to know what that treatment decision is without permission from my 18 year old. It is confidential information and up to them who can be informed since they are then adults at that age.

[sld123]

it's 14 for mental health in pa!

[healthy11]

I thought I should add, EVEN AT THE COLLEGE LEVEL, as far as schooling issues go, that even if a student over age 18 doesn't sign paperwork to give parents permission to see records/ability to talk to teachers, etc. so long as parents can show the student is considered a dependent (ie, is claimed as a dependent on the family's 1040 IRS forms) then they CAN still have access.

[Mayleng]

Thanks Healthy, good to know.

[majorv]

Well, healthy, I haven't tried to contact the university to talk about my daughter. One thing they stressed during freshman orientation was that if the student didn't sign a release of information form and turn it in to the university then the officials couldn't talk to us about anything. They went so far as to tell us that even if the student was in danger of being kicked out of school for whatever reason they needed that form to discuss it with us.

[healthy11]

majorv, my son did not want to sign the form his freshman year, but the university even had a table set up at orientation, for parents, so they could drop off copies of their 1040's. (The administrator said it was okay to "black out" actual dollar amounts if you didn't want them to see every line item, so that's what I did.) Other colleges may not "advertise" that it can be done, but I KNOW it can, because I've done it. (I first learned about that option at a special ed seminar.)
My understanding is that a new form has to be filled out each year, and this term my son, realizing we could get access through proof of dependency anyway, just relented and signed the form. I have NOT actually tried to discuss any details of my son's schooling with any school staff this year, but last year I needed to, and they did speak to me.

[majorv]

That's nice to know then. I haven't pushed very hard to get her to sign the form yet. What I would like is for her to set up a parent account online. Then I can see grades and make tuition payments and such without having her around to login, or in the case of grades, depend on her to tell me how she's doing.

[healthy11]

My son more readily shares his passwords with his dad, just like he willingly "friended" his dad on Facebook, and so my husband does all the "logins" and then lets me view the information!

[sharie001]

Have him sign this consent form allowing you access to all info etc., as well as a form when he turns 18 which allows you to "represent" him (sign for him, or disagree for him) concerning decisions with regards to education. Kids (even when they hit age 18) have a difficult time debating with those in authority (they have too much control) and can easily (in some cases) be bulldozed over by teachers and/or administrators. They still need their parents as their advocate.

[bros]

Jan 16, 2010 20:49:07 GMT -5 majorv said:

Well, healthy, I haven't tried to contact the university to talk about my daughter. One thing they stressed during freshman orientation was that if the student didn't sign a release of information form and turn it in to the university then the officials couldn't talk to us about anything. They went so far as to tell us that even if the student was in danger of being kicked out of school for whatever reason they needed that form to discuss it with us.

I signed my FERPA waiver with disability services my freshman year of college. It basically states that the people I listed, my parents, could call and talk to the college in regards to any and all reasons

[timfromkeene]

(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.



And who are we supposed to trust to make the decision that the child is not able to make the decision ...The SD yeah right they are the ones we trusted to give our children appropriate services without having to ask, beg, plead, threat and sue to get help....that is why I went for guardianship my son knew he might in a fit some day sign his rights away and agreed to have guardianship granted. Thanks to people in the advocay business and here

[majorv]

I had the opportunity to ask my question at an ARD meeting this morning. According to the diagnostician and the case manager, this transfer of rights is strictly a legal thing they must do. If there are any ARD meetings held after his birthday then he will be the one signing the documents instead of me. They both assured me that I will still be invited to any meetings, and as long as our son lives under our roof and is supported by us they won’t stop talking to me. I guess they realize, as do we, that he will not miraculously become a mature, responsible adult just because he turns 18 in a couple of months!

I think when the time gets closer I will ask to meet with the SpEd administrator and his case manager for a ‘meeting of the minds’. I want to make sure we are on the same page as far as graduation requirements, and how they feel he has successfully completed his IEP, which is also a requirement. That should be interesting!

[healthy11]

www.kiplinger.com/article/college/T065-C001-S002-how-to-access-info-on-your-college-student.html

[michellea]

This is such an important topic. Beyond school, doctors cannot talk to parents without authorization. My children (and parents) have agreed to sign a release to allow me to communicate with their medical providers and a power of attorney to make decisions if necessary. We have built a high level of trust - so they know I will not misuse this privilege and will only use it if needed. Without a proper paperwork, parents cannot step in to help - even in an emergency.