Students » 18 Year-Old Rights

18 Year-Old Rights

Information for Parent(s)/Guardian(s)

When your student attains adult status at the age of 18, they are granted by law the right to sign all legal documents related to their education and to represent themselves in all educational matters. Under certain circumstances, the parent or guardian of an 18-year-old student may no longer receive notice of absences or other official communications from the school without the student’s written authorization. California Education Code 46012 states:
 
“For purposes of any procedure for verification of absences from school, a student 18 years of age or over, with respect to their absences from school, shall have all the responsibilities and powers which, in case of a minor, would be charged to the parent, guardian, or other person having charged or control of the minor.”
 
Students receiving special education services are provided adult status in accordance with California Education Code § 56041.5, which provides that both the individual and the parent be notified of procedural safeguards.
The Family Education Rights and Privacy Act (FERPA) is a Federal law that applies to all educational agencies and institutions (e.g., schools) that receive funding from the U.S. Department of Education. Once a student turns 18 or attends a postsecondary institution, they become an “eligible student,” and all FERPA rights previously held by parents/guardians transfer to the student. However, FERPA does allow—but does not require—schools to share information from an eligible student's education records with parents/guardians without the student's consent under certain conditions, including:
 
  • If a parent/guardian requests to keep their FERPA rights and:
    ○ The student is claimed as a dependent for tax purposes; and
    ○ The student lives with the parent/guardian
  • If a health or safety emergency involves their son or daughter.
  • If the student is under age 21 and has violated a law or policy regarding the use or
    possession of alcohol or a controlled substance.
  • A school official may generally share with a parent information that is based on that official's
    personal knowledge or observation of the student.
 
By submitting written notice to the school, an 18-year-old student may authorize their parent(s)/guardian(s) to retain access to all educational rights and information. In an effort to keep you included in your student’s educational progress, we will provide an authorization form that allows your student to extend these rights to you.
Please review this authorization with your student on or after their 18th birthday. Signed forms should be
returned to the Assistant Principal, and records will be updated to reflect your student’s decision. The
authorization will be valid through the end of the current school year.

Please feel free to contact your student’s Assistant Principal if you have any questions.