Age of Majority

Transfer of rights to the student at age 18

• In Massachusetts, regardless of the severity of their disability, students are considered adults and competent to make their own decisions at age 18 (Age of Majority).
• Unless there is a court appointed guardian or the student has chosen to share decision making with his or her parent, the school district must seek the consent of the student to continue the special education program.
• Students at age 18 have the right to make their own educational and medical decisions and must sign all consent forms.
• Parents and students must be notified about the transfer of parental rights to the student at least 1 year before the student turns 18 years of age.

 -Massachusetts Department of Elementary and Secondary Education

http://www.doe.mass.edu/sped/links/transition.html

The student and family is informed about the transfer of rights when the student is 17. The student is provided with options for decision-making; the selected option begins when the student turns 18.

• I will make all decisions related to my special education programs and services.
• I will share decision-making authority with my parent/guardian or other willing adult.
• I will delegate decision-making authority to my parent/guardian or other willing adult.
• My parent/guardian, has received guardianship of me from the court and will make all decisions related to special education programs and services for me.

Students can revoke delegation of or sharing of decision-making at any time. If there are any disagreements related to special education decision-making, the choice of the adult student shall prevail.

Additional Resource
Administrative Advisory SPED 2011-11 Age of Majority Advisory

http://www.doe.mass.edu/sped/advisories/11_1.html

Click the image above to download the Age of Majority Brochure!