Oregon
Rule Rule 581-015-2325
Transfer of Procedural Rights at Age of Majority


(1)

When a child with a disability reaches the age of majority under ORS 109.510 (Age of majority) or 109.520 (Majority of married persons), or is emancipated pursuant to 419B.550 (Definitions for ORS 419B.550 to 419B.558) to 419B.558 (Entry of judgment of emancipation), the rights accorded to the child’s parents under the special education laws transfer to the child. A student for whom rights have transferred is considered an “adult student” under OAR 581-015-2000 (Definitions).

(2)

Notwithstanding section (1) of this rule:

(a)

Pursuant to a protective proceeding under ORS Chapter 125 (Protective Proceedings), the Probate Court may find the child to be incapacitated to make educational decisions and may appoint a guardian to exercise these rights.

(b)

Under ORS 419B.220 (Appointment of surrogate) or 419C.220 (Appointment of surrogate), the Juvenile Court may appoint a surrogate parent to exercise these rights if the child is a ward of the state.

(3)

School districts are not responsible for the costs of a protective proceeding unless the school district is the Petitioner.

(4)

Pursuant to OAR 581-015-2320 (Surrogate Parents)(9), a child to whom rights transfer may request that a surrogate be appointed to exercise the child’s special education rights.

(5)

This rule applies to all students, including students who are incarcerated in a state or local adult or juvenile correctional facility or jail.
Source
Last accessed
Jul. 13, 2020