At age 18, educational decision-making authority transfers from the parent/guardian/other education rights holder to the student, unless the student has been determined incompetent under California law. The school district must notify both you and your child of the transfer of rights and must provide a notice of procedural safeguards no later than one year before your child turns 18.^[1] If the student has been declared incompetent by a court and the parent/guardian/other education rights holder has been appointed as conservator, the parent/guardian/other education rights holder can continue to make educational decisions for the student. However, if a student has not been determined incompetent by any court, they have the legal capacity to make educational decisions. The student has the option of making these decisions on their own or including parents/guardians/other education rights holders in the IEP decision-making process. They may also assign educational decision-making authority to a parent/guardian/other education rights holder if they choose to do so. See Assignment of Educational Decision-Making Authority form, Appendices Section, Appendix P. 

Even if a court has not yet determined the student to be incompetent, a school district might take the position that a student is legally incompetent to make their own decisions — including the decision to assign their educational decision-making rights to a parent/guardian/other education rights holder— and, therefore, needs to have a court-appointed “conservator” to make their decisions for them. However, the decision on whether an adult person must have a conservator is the court’s, not the school district’s. You may wish to consult an attorney about the benefits and disadvantages of filing a petition for limited or full conservatorship with the superior court.

1. 34 C.F. R. Sec. 300.520; Cal. Ed. Code Secs. 56041.5 & 56043(g)(3).[↩]