For an adult student who is incarcerated in an adult or juvenile, state or local correctional institution, the LEA must comply with the INCARCERATED STUDENTS framework.

When a child with a disability reaches 18 years old (except for a child who has been determined to be incompetent under State law):

• All rights under the Individuals with Disabilities Education Act (IDEA) transfer from the parent to the adult student;

• except that the LEA must provide any notice required under the IDEA to both the adult student and the parents; and

• All rights under Family Education Rights and Privacy Act (FERPA) transfer from the parent to the adult student;

• except that consent is not required to disclose information to the parent of an adult student if the student is a dependent student, or another WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION exception applies.

The LEA must notify the adult student and the parents of the transfer of rights, including a statement:

• That parental rights have transferred to the adult student; and

• Of contact information for the parties to use in obtaining additional information.

RIGHT TO NOTICE FOLLOWING A TRANSFER OF RIGHTS

Following a transfer of rights, the LEA must provide any notice required by the IDEA to both the adult student and the parents; however:

• A PRIOR WRITTEN NOTICE of an ARD COMMITTEE MEETING does not constitute an invitation to, or create a right for, the parent to attend the meeting;

• PRIOR WRITTEN NOTICE given to an adult student and parent does not create a right for the parent to CONSENT or participate in the proposal or refusal to which the notice relates.