http://www.leighlawgroup.com Check out this video about the legal implications for Special Education for Kids When they Turn 18.

1. Special Education for Students Who
Turn 18

2. When a disabled student turns 18 a,
the student and his or her parent need
to consider how the law impacts this
event especially in terms of
educational decision making.

3. First, the law states: When a student
receiving special education services
who is legally competent reaches 18
years of age, the local educational
agency shall provide any required
notice of procedural safeguards to
both the student and the student’s
parents. (34 C.F.R. § 300.517(a); Ed.
Code, § 56041.5.).

4. All other special education rights
previously accorded to the parents
shall transfer to the student.

5. Consider asking whether it’s
appropriate to transfer educational
rights from the student, who has
reached 18, to the parent. This can be
done with a form that confirms by
signatures of the parent/guardians and
the student that the student wishes to
have all educational decisions made by
the parent.

6. Often school district’s have a form.

7. A legal guardianship can also be
obtained to transfer these rights and
should be considered for student’s
who are reaching the age of majority
and do not have the ability to care for
themselves.

8. All of the above are important to
consider if your child is going to
continue on in public k-12 school
beyond 18 or you are contesting
graduation.

9. If you contest graduation, it’s critical
that you do this on the record in
writing and before the child actually
graduates.

10. California Education Code section
56026.1(a) and 34 Code of Federal
Regulations part 300.122(a)(3)(i)
provide that a student who graduates
from high school with a regular high
school diploma is no longer eligible for
special education services.

11. Some courts have found that any claim
that a FAPE was denied becomes moot
upon a valid graduation. Along these
lines, some courts have long held that
there is authority to order
compensatory education to an adult if
it is necessary to cure a past violation.

12. (Bd. of Education of Oak Park & River
Forest High School Dist. 200 v. Ill. State
Bd. of Education (7th Cir. 1996) 79 F.3d
654, 656; see also Capistrano Unified
School Dist. v. Wartenberg (9th Cir.
1995) 59 F.3d 884, 890 [request for
reimbursement for private school
tuition is not moot after the student
graduates from high school];

13. Maine School Administrative Dist. No.
35 v. Mr. and Mrs. R. (1st Cir. 2003) 321
F.3d 9, 18 [a child eligible for special
education services may be entitled to
further services in compensation for
past violations even after his or her
eligibility for special education services
has expired]; Pihl v. Mass. Dept. of
Education (1st Cir. 1993) 9 F.3d 184,

14. 189, relying upon Zobrest v. Catalina
Foothills School Dist. (1993) 509 U.S. 1,
4 fn. 3 [request for reimbursement of
educational services remains a live
controversy after student’s graduation
from high school].)

15. If you believe you require transference
of ed rights or contesting graduation,
it’s critical you seek legal advice.

16. The Leigh Law Group represents
individuals, families, employees,
parents, guardians and children who
have been injured by the unlawful acts
of others. As attorney advocates, we
provide each client with all options
available to them.

17. Our team of skilled attorneys deliver
compassion and care to ensure quality
of life for our clients while our clients
are dealing with difficult issues.

18. When Leigh Law Group acts on your
behalf, we demonstrate a strong
commitment to your case and are
relentless in our goals for seeking
remedies and justice.

19. Specialties include special education
attorney, federal court litigation, state
court litigation, disabilty
discrimination, disability rights
attorney, and civil rights. Please visit
us on the web at
http://www.leighlawgroup.com