Transition Age Rights in Colorado
What are the transition age rights for IEP students in Colorado?
Colorado's transition age requirements exceed the federal IDEA minimum in two important ways. First, transition planning must begin with the first IEP when the child is age 15 (not 16 as under federal law), but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team (1 CCR 301-8, ECEA Rules §4.03(6)(d)(i)). Second — and most distinctively — Colorado's educational age of majority is 21, not 18 (ECEA Rules §6.02(9); C.R.S. §§22-20-108, 13-22-101). This means: (1) parental rights remain in effect until the student turns 21; (2) the rights-transfer statement in the IEP must begin at age 20 (one year before age 21 majority), not at age 17 as in states with 18-year-old majority; and (3) FAPE continues until the student turns 21 (or completes the semester in which they turn 21). Colorado is one of very few states where educational rights transfer at 21. Students who turn 15 before the end of 9th grade may have transition content triggered by age rather than grade; conversely, students in accelerated programs may have transition triggered by grade (end of 9th) before age 15.
What Colorado Requires
Transition planning must begin with the first IEP when the child is age 15, but no later than the end of 9th grade, or earlier if appropriate — Colorado-specific rule exceeding the federal minimum of age 16 (1 CCR 301-8, §4.03(6)(d)(i)).
The transition IEP must include measurable postsecondary goals, transition services, and the course of study; goals must be based on age-appropriate transition assessments (1 CCR 301-8, §4.03(6)(d)(ii)-(iii)).
Colorado's educational age of majority is 21 — parental rights do not transfer until the student turns 21, which is later than the federal default of 18 and most other states (1 CCR 301-8, §6.02(9); C.R.S. §§22-20-108, 13-22-101).
Beginning one year before age 21 (at age 20), the IEP must include a statement that the student has been informed of the rights that will transfer at age 21 (1 CCR 301-8, §4.03(6)(e)).
FAPE continues until the student turns 21, or may be completed through the end of the semester in which the student turns 21 (1 CCR 301-8, §2.09; C.R.S. §22-20-103).
Key Timelines
Transition planning must begin no later than the first IEP when the student is age 15 or the end of 9th grade — earlier than the federal minimum of age 16 (1 CCR 301-8, §4.03(6)(d)(i)).
Rights-transfer notification in IEP must begin at age 20 (one year before age 21 majority) (1 CCR 301-8, §4.03(6)(e)).
FAPE ends at age 21 or completion of the semester in which the student turns 21 (1 CCR 301-8, §2.09; C.R.S. §22-20-103).