Section 511IAC7-43-5. Transfer of rights to student

   (a) Except as provided in subsection (b), when a student becomes a student of legal age, as defined in 511 IAC 7-32-91, all of the rights that were formerly provided to the student's parents under this article transfer to the student of legal age.

  (b) If a student who has attained eighteen (18) years of age has:

(1) a guardian appointed under IC 29-3, the rights under this article must transfer to the guardian unless specifically provided otherwise in the guardianship order; or

(2) an educational representative appointed according to the procedures in section 6 of this rule, the rights under this article must transfer to the student's educational representative.

  (c) When a student who is incarcerated in an adult or juvenile, state or local correctional institution attains eighteen (18) years of age, the student must have all of the rights that were formerly provided to the student's parents under this article.

  (d) At a CCC meeting not later than one (1) year before the student becomes eighteen (18) years of age, the public agency must inform the student and the parent that the parent's rights under this article will transfer to the student at eighteen (18) years of age unless a guardianship or an educational representative has been established for the student. The student's IEP must include a statement that the student and the parent were informed of the transfer of parental rights in accordance with 511 IAC 7-42-6(f)(10).

  (e) At the time the student attains eighteen (18) years of age, and unless a guardianship or an educational representative has been established for the student, the public agency must provide written notice to the parent and the student that the rights under this article have transferred to the student.

  (f) After rights transfer to the student in accordance with this section, the public agency must provide any notice required under this article to both the parent and the student. (Indiana State Board of Education; 511 IAC 7-43-5; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)