511 IAC 7-43-5 - Transfer of rights to student
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 29-3
Sec. 5.
(a) Except as
provided in subsection (b), when a student becomes a student of legal age, as
defined in
511 IAC 7-32-91, all of the
rights that were formerly provided to the student's parents under this article
transfer to the student of legal age.
(b) If a student who has attained eighteen
(18) years of age has:
(1) a guardian
appointed under IC 29-3, the rights under this article must transfer to the
guardian unless specifically provided otherwise in the guardianship order;
or
(2) an educational
representative appointed according to the procedures in section 6 of this rule,
the rights under this article must transfer to the student's educational
representative.
(c) When
a student who is incarcerated in an adult or juvenile, state or local
correctional institution attains eighteen (18) years of age, the student must
have all of the rights that were formerly provided to the student's parents
under this article.
(d) At a CCC
meeting not later than one (1) year before the student becomes eighteen (18)
years of age, the public agency must inform the student and the parent that the
parent's rights under this article will transfer to the student at eighteen
(18) years of age unless a guardianship or an educational representative has
been established for the student. The student's IEP must include a statement
that the student and the parent were informed of the transfer of parental
rights in accordance with
511 IAC
7-42-6(f)(10).
(e) At the time the student attains eighteen
(18) years of age, and unless a guardianship or an educational representative
has been established for the student, the public agency must provide written
notice to the parent and the student that the rights under this article have
transferred to the student.
(f)
After rights transfer to the student in accordance with this section, the
public agency must provide any notice required under this article to both the
parent and the student.
Notes
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