District Of Columbia § 38-2571.04 - Transfer of rights.
Full text of District Of Columbia D.C. Code § 38-2571.04 — Transfer of rights., with citation guidance and answers to common questions.
§ 38-2571.04. Transfer of rights.
38-2571.04A child with a disability who has reached 18 years of age shall be presumed to be competent, and all rights under IDEA shall transfer to the student, unless:
The student has been adjudged incompetent under law;
Pursuant to a procedure established by OSSE pursuant to 20 U.S.C. § 1415(m)(2), the student has been determined to not have the ability to provide informed consent and another competent adult has been appointed to represent the educational interests of that student; provided, that the adult student shall have the opportunity to challenge any determination made under this paragraph; or
The student has designated, in writing, by power of attorney or similar legal document, another competent adult to be the student’s agent to:
Make educational decisions;
Receive notices; and
Participate in meetings and all other procedures related to the student’s educational program on behalf of the student.
The student may terminate the power of attorney at any time and assume the right to make decisions regarding his or her education.
A student who has reached 18 years of age may receive support from another competent and willing adult to aid them in their decision-making.
The student’s decisional choice shall prevail any time that a disagreement exists between the student and the other adult providing support.
No less than one year before a child with a disability reaches 18 years of age, the LEA shall notify the parents, in writing, that adult students with disabilities are presumed competent, and that all rights under IDEA will transfer to the student when the student reaches 18 years of age, unless the student or the family exercises one of the options described in subsection (a) of this section. The notice shall also describe the necessary procedure to exercise any of the options provided for in subsections (a) and (b) of this section.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 38-2571.04
What does D.C. Code § 38-2571.04 cover?
Section 38-2571.04 ("Transfer of rights.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 38-2571.04?
A common citation format is "D.C. Code § 38-2571.04" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 38-2571.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.