What is the age of majority?
The age in which the child will now be considered an adult and MUST receive notice of an IEP meeting, consent to an evaluation, select the participants of an IEP meeting, attend an IEP meeting and consent to the contents of an IEP.
These rights must be explained no later than one year prior to the age of majority. The age of majority is most commonly the 18th birthday but could be different based on the State you live in. See the chart below.
Why does the age of majority matter?
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Parents are used to holding their child’s educational rights. These rights transfer to the child when they hit the age of majority. Often times parents feel upset and isolated when the school stops talking to them regarding their child’s IEP and start talking directly to the student. It’s very important for the parents and their child to have a plan for when this time comes. Make it clear to your child that you still want to be a part of the conversation and that they should never sign anything without discussing it with you first. If the school is pressuring your child to sign any IEP documentation without you present teach them to respond this way:
“Thank you, but I don’t feel comfortable signing anything without going over the document with my parents first and having them present when I sign.”
This should diffuse the situation and allow your child time to discuss the document with you. If your child does not have the cognitive ability to make their own decisions then the parents would need to go to court and get a conservatorship for their child. If this is the case, talk to an attorney early becuase it is a lengthy process.
| State | Age of Majority |
| Alabama | 19 |
| Alaska | 18 |
| Arizona | 18 |
| Arkansas | The later of 18 or graduation from high school |
| California | 18 |
| Colorado | 18 |
| Connecticut | 18 |
| Delaware | 19 |
| Florida | 18 |
| Georgia | 18 |
| Hawaii | 18 |
| Idaho | 18 |
| Illinois | 18 |
| Indiana | 18 |
| Iowa | 18 |
| Kansas | 18 |
| Kentucky | 18 |
| Louisiana | 18 |
| Maine | 18 |
| Maryland | 18 |
| Massachusetts | 18 |
| Michigan | 18 |
| Minnesota | 18 |
| Mississippi | 21 |
| Missouri | 18 |
| Montana | 18 |
| Nebraska | 19 |
| Nevada | 18 or if still in high school the later of 19 or graduation |
| New Hampshire | 18 |
| New Jersey | 18 |
| New Mexico | 18 |
| New York | 18 |
| North Carolina | 18 |
| North Dakota | 18 |
| Ohio | The earlier of 18 or graduation from high school |
| Oklahoma | 18 |
| Oregon | 18 |
| Pennsylvania | 21 |
| Rhode Island | 18 |
| South Carolina | 18 |
| South Dakota | 18 |
| Tennessee | The later of 18 or graduation from high school |
| Texas | 18 |
| Utah | The earlier of 18 or graduation from high school |
| Vermont | 18 |
| Virginia | The later of 18 or graduation from high school |
| Washington | 18 |
| West Virginia | 18 |
| Wisconsin | 18 or if still in high school the later of 19 or graduation |
| Wyoming | 18 |
Jennifer Volpe said on December 16, 2010
It is my understanding that the IDEA gives the power to the states to enact a law transfering the parental rights to the child in special education proceedings at the age of 18. However, it is up to the individual states to enact a law transfering the rights. In NY, no law exists that I have found. As a result the rights do not transfer. Do you have evidence of a law in NY State transfering these rights? If so, could you please inform me. Many thanks for your assistance.
Doug Goldberg said on December 16, 2010
If you go onto the NY Department of Education’s website and review the Special Education regulations (Part 200) there are many references made to the Student consenting after reaching the age of 18.
Part 200.4(a)(2)(e) for instance says “a student who is 18 years of age or older, or an emancipated minor, who is eligible to attend the public schools of the district.” may consent to evaluation for assessment for special education services.
The Educational code also defines a minor as anyone under the age of 18.
I hope this helps.
Chris Vacek said on January 11, 2011
Great info. Quick question: My son, although verbal, is developmentally at about a 5year old level. How does this affect children who are not functionally independent enough to participate – when cognitive faculties are on the moderate to severe end of the spectrum? Do I have to apply for “guardian” status, so that I can continue to make education decisions on his behalf?
Doug Goldberg said on January 11, 2011
You will need to go to court and get a conservatorship to be able to make all your child’s decisions past the age of 18. I suggest talking to an attorney to help you with the process.
If you are just worried about the IEP your child could assign his educational rights to you. Alot of school districts will accept this but since it’s not legally bidning your child has the option to withdraw this assignment at anytime they feel like it.
Rochelle said on January 11, 2011
What my girls did was to go to an attorney and grant us Power of Attorney for educational matters – not just the IEP. They’d availed themselves of their right to have say in IEP meetings/who is on the team and the district ignored them.
Jessica said on January 18, 2011
So, I actually have more of a question than a comment. If a child gets off their IEP, and then the school goes behind the backs of the parents and the that child who is sixteen turning seventeen and put them on a plan, is that considered illegal?
Doug Goldberg said on January 18, 2011
Hi Jessica, as the parent, you hold the educational rights of your child until they reach the age of majority. This means the school MUST have your consent in order to place the child/student on an IEP. You also have the right to revoke consent at anytime putting them back into general education.
The question I have is what is the current disagreement over? If your child was exited from his IEP why does the school now feel he should be put back on an IEP/
Jaime Duran said on January 26, 2011
Where did you find the ages from the different states. How current are the ages? Will you list the source if possible?
Doug Goldberg said on January 26, 2011
Hi Jaime,
There isn’t one main source. Most of them are found by looking at each State’s Educational code and Special Education Regulations.
Jaime Duran said on January 26, 2011
I am writing about the age of majority and I’d like to cite your page. Do you have a date? I see that the topic was posted October 5th. Was this 2010? Thanks for the speedy reply. Amazing, really.
Doug Goldberg said on January 26, 2011
I get an email anytime someone comments
Yes, it was 2010.
Nick said on November 14, 2011
I believe you are incorrect about New York. There is no provision specifically providing for a transfer of rights, as required by 34 CFR 300.520. Furthermore, I recently attended a presentation by Art Cernosia, at which he stated that New York is the only state which does not transfer parental rights to the student at the age of majority.
Eric said on December 30, 2011
I live in California but and my son is currently receiving an AB3260 funded residential placement in Utah. He will turn 18 before he graduates High School and will be forced to leave his residential facility. His psychological issues prevent him from moving back home with his family. How do I go about finding him assistance so he can finish High School. Left on his own he most certainly would not go to school. Thanks in advance.
Doug Goldberg said on January 4, 2012
Eric, An IEP can stay in place until the earlier of graduation or his 22nd birthday. You son will not need to leave the residential placement unless he as an adult decides to leave.
If you don’t think he is capable of making these types of decisions you should call a lawyer and try to get a conservatorship over your sons affairs. In this way you will still have all decision making powers even after he turns 18.
Wendy Nelson said on January 28, 2012
The age of majority with regard to special education in Pennsylvania is 21, not 18 (as shown in your chart)