As the parent, YOU are the “Holder of Educational Rights” for your child even if your child is in foster care or living with a relative, unless the court makes a legal determination, OR until the child turns 18 years of age – no matter how severe the student’s disability is. When a student reaches the age of 18, all educational decision-making authority transfers from the parent to the student, unless the student has been determined incompetent under California law.
There are three options:
- Let the student self-advcoate
- Complete the conservatorship process
- Have the student sign an Assignment of Educational Rights