When a student with a disability reaches adulthood or has minority disabilities removed, education rights shift from parents to the student, and the school district and commissioner have notice and information duties.
Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY. (a) A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by this subchapter or 20 U.S.C. Section 1415 to both the student and the parents. All other rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to the student. (b) All rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution. (c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall: (1) provide to the student and the student's parents: (A) written notice regarding the transfer of rights under this section; and (B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and (2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1). (c-1) In accordance with 34 C.F.R. Section 300.520, the school district shall provide written notice to the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B). (c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code. (c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary. (d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2). (e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section. (f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b). Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 3, eff. June 9, 2017. Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 4, eff. June 15, 2017.