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 Transmitted to the Governor

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.

·

·

· ---------- DOCUMENT FOOTER ---------

· 45th Legislature

· First Regular Session 2 April 5, 2001

·

· ---------- DOCUMENT FOOTER ---------