Statutes, codes, and regulations
Louisiana Administrative Code
Title 28 - EDUCATIONPart XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities ActSubpart 1 - Students with DisabilitiesChapter 5 - Procedural Safeguards
Subchapter A - Due Process Procedures for Parents and Students
Section XLIII-520 - Transfer of Parental Rights at the Age of Majority

La. Admin. Code tit. 28 § XLIII-520

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Current through Register Vol. 50, No. 11, November 20, 2024
Section XLIII-520 - Transfer of Parental Rights at the Age of Majority
A. General. When a student with a disability reaches the age of majority as defined in § 905 that applies to all students (except for a student with a disability who has been determined to be incompetent under state law), he or she shall be afforded those rights guaranteed at such age.
1.
a. The public agency shall provide any notice required by these regulations to both the student and the parent; and
b. All rights accorded to parents under part B of the IDEA shall transfer to the student.
2. All rights accorded to parents under part B of the IDEA shall transfer to students who are incarcerated in an adult or juvenile, State or local correctional institutions; and
3. Whenever rights transfer under these regulations, pursuant to Paragraph A.1 or A.2 of this Section, the agency shall notify the student and the parents of the transfer of rights.
B. When a student with a disability reaches the age of majority but has not been interdicted or the subject of a tutorship proceeding, the student's parent may allege to the LEA that the student lacks the ability to provide informed consent with respect to his or her educational program. In the event that the parent makes such an allegation, the student has the right to dispute the parent's allegation, either orally or in writing, or by any other method of communication.
1. Any protest or objection to the parent's allegation shall result in the student's educational rights being transferred fully to the student at the age of majority, unconditionally. If the student makes no such dispute or objection, the parent shall retain the student's educational rights.
2. The student's position is final and unappealable; however, at any time the student may revoke his assent to his parents' retention of rights. Upon such revocation, the student's rights immediately vest with the student.
3. LEAs are required to document in the student's IEP that the parents and the student have been informed of the rights herein and that they have accepted or declined these rights. If the student and/or parent is unable to sign the appropriate section of the IEP reflecting this information, the IEP team may complete that portion of the IEP on behalf of the student and/or parent, reflecting each party's position and acknowledging that the student and/or parent is unable to sign.

La. Admin. Code tit. 28, § XLIII-520

Promulgated by the Board of Elementary and Secondary Education, LR 34:2076 (October 2008).
AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.