House of Representatives

HB 2379

disabled adult pupils; delegation

Sponsors: Representatives Knaperek, Huppenthal

dpa	Committee on Human Services
DP	Committee on Education
dpa	Caucus and COW
x	As Passed the House

HB 2379 establishes the delegation of right to make educational decisions relating to pupils with a disability between the ages of 18-22.

History

As part of the final recommendations from the Joint Legislative Study Committee on Special Education and Regulations, HB 2379 establishes the authority of a pupil with a disability to delegate certain educational rights to a parent or another person who is 18 years or older. Currently, the rights of a minor to make such decisions are assigned to the person upon reaching the age of majority, or 18 years. HB 2379 allows a pupil with a disability to delegate his or her educational rights to another person capable of making educational decisions for the pupil until the pupil reaches age 22.

Provisions

· States that when a pupil with a disability reaches the age of 18 all rights are transferred to the pupil, unless the pupil has been declared legally incompetent.

· Authorizes a pupil with a disability ages 18-22, who has not been declared legally incompetent, and who manifests the capacity to give and gives consent, to execute a delegation of right to make educational decisions in order for the pupil to appoint the parent or another appropriate individual to represent the educational interests of the pupil.

· Adds language allowing the pupil to:

· terminate the delegation of right to make educational decisions at any time, and

· resume the right to make decisions regarding the pupil's own education.

· Declares that the delegation of right to make educational decisions contains language indicating that the pupil:

· Is 18 years or older.

· Is delegating his or her educational rights under state and federal law to a specific individual who is 18 years or older.

· Has not been declared legally incompetent.

· Is entitled to be present during the Individualized Education Plan, and that the pupil's concerns or issues are addressed.

· A maximum duration of one year, but is renewable annually with the pupil's consent until age 22.

· May terminate the delegation at any time.

· Signature or formal acknowledgement of the pupil and the person who accepts the delegation of rights.

· Legal notarization.

· Outlines the format of the delegation of right to make educational decisions.

· Allows for the delegation of right to make educational decisions to be given in any of the following formats: written, audio, video or any other alternative format necessitated by the pupil's disability.

HB 2379 was amended in the Human Services Committee as follows:

· Deletes the requirement that the delegation of right to make educational decisions contain language that the pupil is unable or unwilling to give informed consent in matters relating to the pupil's education.

· Adds language allowing the pupil to terminate the delegation of right to make educational decisions at any time, and to resume the right to make decisions regarding the pupil's own education.

· Makes technical and conforming changes.

HB 2379 passed the Education Committee unamended.

HB 2379 was amended in the Committee of the Whole as follows:

· Adopted the Human Services Committee amendment.

· Inserts language stating that the person manifests the capacity to give, and does give, informed consent.

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· 45th Legislature

· First Regular Session 2 March 15, 2001

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