§ 8-412.1. Transfer of rights at age 18
West's Annotated Code of MarylandEducation
MD Code, Education, § 8-412.1
§ 8-412.1. Transfer of rights at age 18
(a) When a child with a disability reaches the age of 18 years, all rights accorded to parents under the federal Individuals with Disabilities Education Act1 shall transfer to the child if the child has not been adjudged incompetent under State law and if there is documentation that:
(b) A child with disabilities who reaches the age of 18 years and is living at home with the child's parents and whose parents do not consent to the transfer of rights to the child may file for due process in accordance with § 8-413 of this subtitle to determine whether the rights should be transferred to the child.
(c) If a child with disabilities who has reached the age of 18 years has been represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice required by the federal Individuals with Disabilities Education Act shall be provided to both the child and to the parent surrogate and all other rights accorded to the parent surrogate under that Act shall transfer to the child if the child has not been adjudged incompetent under State law and the child requests that the rights transfer to the child.
Credits
Added by Acts 2002, c. 113, § 1, eff. July 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.
Footnotes
Pub.L. 91-230, Title VI, Apr. 13, 1970, 84 Stat. 175 to 188, codified at 20 U.S.C.A. § 1400 et seq.
MD Code, Education, § 8-412.1, MD EDUC § 8-412.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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