Rights given to parents under Part B of IDEA automatically transfer to a child with a disability when that child reaches the age of eighteen. Supported decision-making (SDM) is when a student over the age of 18 years who holds their rights consent to let parents or other trusted adults continue to be involved.  Even though educational rights are essentially automatically transferred to a student with a disability at age 18, there are still ways to grant parents some ability to assist and be considered in the educational decision-making process, without completely taking away an individual’s rights through a guardianship hearing (Guardianship is when a legal guardian is appointed by the courts to make decisions on behalf of developmentally disabled adult).  It is an option in which selected adults that the student chooses for their educational decision-making network remain engaged while the student sustains their formal rights. 

Supported decision-making is recognized as a less restrictive alternative to guardianship, aligning with the principles of the Americans with Disabilities Act (ADA) and other disability rights laws. It allows students to maintain their autonomy while receiving the necessary support to make informed decisions. 

Parents and other IEP team members should keep in mind that the ability to make sound, reasoned decisions is a skill acquired over time, and that students with disabilities would benefit from the opportunity to practice making decisions in a supported environment prior to turning 18. 

Steps to creating a supported decision-making network:

• School staff should provide and review the DCPS Supported Decision-Making Form with the student. 
• The adult student identifies family members or individuals to participate in their SDM network. 
• The members in the student’s SDM network (a parent,  or other adult of the student’s choosing) must  sign the Supported Decision-Making Form which grants them access to educational records and information, as specified by the student. 
• All parties should retain a copy of the agreement for their records. 
• School staff must upload the completed copy of the Supported Decision-Making Form into the special education data system using a miscellaneous cover sheet titled ‘Supported Decision Making  Documents’ 
• Note: Although educational rights under IDEA Part B transfer to the student, parents continue to be allowed access to their child’s education records under the Family Educational Rights and Privacy Act (FERPA) (20 USC § 1232 g) if the student is the parent’s dependent, as defined in Section 152 of the Internal Revenue Code.  When the student is a dependent of the parents, the parents will also continue to receive meeting notices, but may only participate in these meetings if allowed by the student. 

Power of Attorney

A power of attorney is a document that allows the adult student to appoint a person or organization to handle his/her affairs if he/she believes he/she is unavailable or unable to do so. The person or organization appointed is referred to as an “Attorney-in-fact” or “Agent.” It is the responsibility of the adult student to inform the school if a Power of Attorney has been secured. Once the school receives the document, it must be forwarded to the Office of General Counsel for interpretation. 

If you have any questions about supported decision-making, please email the Secondary Transition team at [email protected].