Under some circumstances, parents or guardians may need to continue to make educational decisions for their student after he or she has reached the age of majority. 

Parents or guardians may pursue one of three options made available by the Commonwealth of Virginia to continue to make educational decisions for their student:

• Court-Appointed Guardianship
• Power of Attorney for Educational Matters
• Certification

Court-Appointed Guardianship

• A parent may request to be the court-appointed guardian with the authority to make educational decisions.
• In the Commonwealth of Virginia, an individual who, because of mental or physical illness or condition, is not capable of taking care of himself or herself or his or her affairs may be determined an incapacitated person by the court.
• Appointment of guardianship indicates that the adult student has been declared legally incompetent or legally incapacitated by a court of competent jurisdiction.

Power of Attorney for Educational Matters

• The adult student may be assisted by the parents or guardians to appoint or designate in writing another competent adult of his/her choice who will have power of attorney concerning educational decisions.
• This information must be executed and signed by the adult student and a notary public.
• This person will be the student’s agent and will receive notices and participate in meetings and all other procedures related to the student’s educational program.
• The adult student can revoke power of attorney for educational matters at any time if he/she has not been determined to be incompetent or an incapacitated person.

Certification

• Parents or another competent adult may pursue certification if the student is deemed to be incapable of providing informed consent for educational matters.
• Certification must be sought from two of the following professionals entitled to make a determination of competency; medical doctor, licensed clinical psychologist, guardian ad litem, certified nurse practitioner, physician’s assistant (when countersigned by a supervising physician), licensed clinical social worker, or court-appointed special advocate.
• Once certification has been obtained, the parent or other competent adult is then recognized as the student’s “educational representative.”
• The individuals who provide the certification for the adult student may not be employees of Fairfax County Public Schools or be related by blood or marriage to the adult student.

Reference Document: Transfer of Rights for Students with Disabilities Upon Reaching the Age of Majority in Virginia (November 2015)

For questions or additional resources, contact:

• Your school’s Employment & Transition Representative (ETR)
• Your school’s special education department chair
• Career and Transition Services, 571-423-4150
• Due Process and Eligibility, 571-423-4470

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