Age of Majority in Special Education and the Compliance-Driven Denial of Student Dignity and Autonomy

Abstract

Ethical imperatives, the importance of self-determination, and evidence-based practices in transition direct special education professionals to ensure students with disabilities receive support that prepares them to exercise their rights as they approach adulthood. The Individuals with Disabilities Education Act (IDEA) includes mandates that address the process of transferring educational decision-making authority to students as they approach the age of majority. There is evidence, however, that indicates there are challenges with implementing such mandates as the use of surrogate decision-making mechanisms, such as guardianship, continue to be favored over less restrictive alternatives. This chapter outlines information for professionals seeking to support students as they approach the age of majority and encourages the use of strengths-based approaches, rather than approaches that center student deficits and IDEA compliance. This chapter emphasizes the importance of utilizing less restrictive alternatives to guardianship that promote student autonomy and self-determination.