Transition Age Rights in Washington D.C.
What are the transition age rights for IEP students in Washington D.C.?
In Washington D.C., transition services must begin by the first IEP in effect when the student turns 16, consistent with IDEA 34 CFR 300.320(b). OSSE encourages beginning transition planning earlier, particularly for students with significant disabilities or complex support needs. DC's age of majority is 18, at which point all educational rights transfer from parents to the student—with specific provisions for students who may lack capacity to make informed educational decisions. LEAs must notify families in writing at least one year before the student's 18th birthday about the rights transfer and available options (DC Official Code § 38-2571.04). For students who may lack capacity, DC law allows rights to remain with parents if the student has been adjudged incompetent, a procedure has determined the student cannot provide informed consent, or the student designates an agent through power of attorney (DC Official Code § 38-2571.04).
What Washington D.C. Requires
Transition services must begin no later than the first IEP in effect when the student turns 16; OSSE recommends earlier for students with significant disabilities (34 CFR 300.320(b)).
DC's age of majority is 18; all IDEA educational rights transfer to the student at age 18 unless specific capacity exceptions apply (DC Official Code § 38-2571.04).
LEAs must provide written notice to families at least 1 year before the student turns 18 explaining that rights will transfer and describing available options including power of attorney and guardianship (DC Official Code § 38-2571.04).
Rights may remain with parents or transfer to another adult if: (1) the student has been legally adjudged incompetent; (2) a procedure determines the student cannot provide informed consent and another adult is appointed; or (3) the student designates an agent through power of attorney (DC Official Code § 38-2571.04).
Students retain the right to make decisions even if others assist; in disagreements between the student and their designated support adult, the student's choice takes precedence under DC law (DC Official Code § 38-2571.04).
For transition planning, students must be invited to IEP meetings; if they cannot attend, the LEA must ensure their preferences and interests are considered (34 CFR 300.321(b)).
DC's Rehabilitation Services Administration (RSA) begins VR eligibility determination and services for students eligible for vocational rehabilitation; coordination with RSA should begin before the student's 18th birthday (IDEA § 614(d)(1)(A)(i)(VIII)).
Key Timelines
Transition planning onset: by age 16 (34 CFR 300.320(b)); OSSE recommends earlier.
Age-of-majority notice to families: at least 1 year before the student's 18th birthday (DC Official Code § 38-2571.04).
Rights transfer: at age 18, or upon adjudication of incompetence, whichever applies (DC Official Code § 38-2571.04).