Procedures

• Age of Majority
• Bus Suspension
• Change of Placement Consideration
• Child Study Process- School Based Intervention Teams
• Disabilities
• Discipline
• Dismisal from Primary Special Education Services
• Due Process - Resolution Session
• Educational Assessment - Guidelines
• Educational Services During Suspensions
• Eligibility Committee
• Extended School Year Services
• Functional Behavior Assessment and Behavior Assessment Plans
• Homebound Instruction
• In-School Suspensions
• Long Term Suspensions and Expulsions - Not Clasified
• Long Term Suspension or Expulsion - Notification to Parents
• Manifestation Determination Review
• Maintenance of Testing Protocols
• Medicaid Procedures
• Occupational Therapy Services
• Placement of Student Outside the Regular School Setting
• Prior Written Notice - Notification of Initiation or Refusal of Change
• Procedural Safeguards
• Prohibition - Mandatory Medication
• Private School Students
• Psychological Assessment - Guidelines
• Re-Evaluation of Eligibility
• Referral for Consideration of Special Education Eligibility
• Reporting a Crime Committed by a Special Education Student
• Screening Procedures
• Social / Cultural Assessment - Guidelines
• Special Education Records: Storage and Disposal
• Service Plans
• Speech Services
• Surrogate Parents - Procedure for Appointment
• Tape Recording at Special Education Meetings
• Video Recording at Special Education Meetings

• Requirements
• Special Cases Regarding Transfer of Rights

AGE OF MAJORITY (Age 18)

I. REQUIREMENTS

1. All rights accorded to the parent or parents under the Individuals with Disabilities Education Act transfer to students upon the age of majority (age 18).
   
   
2. Beginning at least one year before the student reaches the age of majority, or the IEP meeting prior to the student's 17th birthday, a statement that the student has been informed that his or her rights will transfer upon reaching the age of majority is required (located at the top of the Individual Transition Plan -Form No. 60.04).

Concerning parents of students who have had rights transferred from the parents to the student upon reaching the age of majority:

1. Parents should continue to be included in the educational process, as appropriate. The local educational agency may continue to invite the parent or parents, as appropriate, as bona fide interested parties knowledgeable of the student's abilities, to participate in meetings where decisions are being made regarding their adult student's educational program. The local educational agency shall provide any further notices required under the Individuals with Disabilities Education Act to both the student and the parent or parents.
   
   
2. Educational records may be disclosed to the parents if the student is not emancipated and is still a dependent.
   
   
3. Parents should be encouraged to participate in all IEP decisions. However, if parent and majority-aged student disagree on IEP issues, the student has the right to make final decisions. The IEP team should make its appropriate recommendations, fulfilling its obligation. The student should be informed of his procedural rights and given a copy of those rights.
   
   
3. A student who has reached the age of 18 years shall be presumed to be a competent adult, and thus all rights under the individuals with Disabilities Education Act (20 USC § 1400 et seq.) shall transfer to the adult student, unless one of the following actions has been taken:
1. The adult student is declared legally incompetent or legally incapacitated by a court of competent jurisdiction and a representative has been appointed by the court to make decisions for the student;
   
   
2. The adult student designates, in writing, by power of attorney or similar legal document, another competent adult to be the student's agent to receive notices and to participate in meetings and all other procedures related to the student's educational program. A local educational agency shall rely on such designation until notified that the authority to act under the designation is revoked, terminated, or superseded by court order or by the adult student;
   
   
3. The adult student is certified, according to the following procedures, as unable to provide informed consent. Any adult student who is found eligible for special education and does not have a representative appointed to make decisions on the adult student's behalf by a court of competent jurisdiction may have an educational representative appointed based on the following certification procedure to act on the student's behalf for all matters described in this chapter and to exercise rights related to the student's scholastic record. An educational representative may be appointed based on the following conditions and procedures:

 

1. Two professionals (one from list one and one from list two, as set out in the following subdivisions,) shall, based on a personal examination or interview, certify in writing that the adult student is incapable of providing informed consent and that the student has been informed of this decision:
   
   

List one includes (i) a medical doctor licensed in the state where the doctor practices medicine; (ii) a physician's assistant whose certification is countersigned by a supervising physician; or (iii) a certified nurse practitioner.

List two includes (i) a medical doctor licensed in the state where the doctor practices medicine; (ii) a licensed clinical psychologist; (iii) a licensed clinical social worker; (iv) an attorney who is qualified to serve as a guardian ad item for adults under the rules of the Virginia Supreme Court; or (v) a court-appointed special advocate for the adult student.

2. The individuals who provide the certification may not be employees of the Albemarle County Schools, currently serving the adult student or be related by blood or marriage to the adult student.
   
   
3. Incapable of providing informed consent, as used in this section, means that the individual is unable to:
   

(1) Understand the nature, extent and probable consequences of a proposed educational program or option on a continuing or consistent basis;

(2) Make a rational evaluation of the benefits or disadvantages of a proposed educational decision or program as compared with the benefits or disadvantages or another proposed educational decision or program on a continuing or consistent basis; or

(3) Communicate such understanding in any meaningful way.

4. The certification that the adult student is incapable of providing informed consent may be made as early as 60 calendar days prior to the adult student's eighteenth birthday or 65 business days prior to an eligibility meeting if the adult student is undergoing initial eligibility for special education services.
   
   
5. The certification shall state when and how often a review of the adult student's ability to provide informed consent shall be made and why that time period was chosen.
   
   
6. The adult student's ability to provide informed consent must be recertified at any time that the previous certifications are challenged. Challenges can be made by the student or by anyone with a bona fide interest and knowledge of the adult student, except that challenges cannot be made by employees of local educational agencies. Challenges must be provided in writing to the local educational agency's administrator of special education who then must notify the adult student and current appointed representative.

 

(1) Upon receipt of a written challenge to the certification by the adult student, the local educational agency may not rely on an educational representative, appointed pursuant to subsection D of this section, for any purpose until a designated educational representative is affirmed by a court of competent jurisdiction


(2) Upon receipt of a written challenge to the certification by anyone with a bona fide interest and knowledge of the adult student, the local educational agency may not rely on an educational representative, appointed pursuant to subsection D of this section for any purpose until a more current written certification is provided by the appointed educational representative. Certifications provided after a challenge are effective for 60 calendar days, unless a proceeding in a court of competent jurisdiction is filed challenging and requesting review of the certifications. The local educational agency shall not rely upon the designated educational representative until the representative is affirmed by the court;

4. If the local educational agency receives written notification of the action in subdivision noted in section A, the local educational agency shall designate the parent or parents of the adult student to act as an educational representative of the adult student (unless the student is married, In which event the student's adult spouse shall be designated as educational representative).

1. If the parent or parents or adult spouse is not available and competent to give informed consent, the administrator of special education or designee shall designate a competent individual from among the following:
   
   a. An adult brother or sister;
   b. An adult aunt or uncle; or
   c. A grandparent.
   
   
2. If no family member from the previous categories is available and competent to serve as the adult student's educational representative, then a person trained as a surrogate parent shall be appointed to serve as the educational representative by the local educational agency.
   

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