Forms Guide M-6: Notification of Upcoming Transfer of Rights

Introduction

This form documents the requirement to provide notice to the parent(s) and student one year prior the student reaching the age of majority. 34 CFR § 300.320(c). This form also provides information to the student and their parents on supported decision-making under Wisconsin Statutes Chapter 52, other alternatives to guardianship, and strategies to remain engaged in the student's secondary education, as required by Wis. Stat. § 115.807(4).

Implementation Considerations

Beginning not later than one year before the student reaches the age of majority under State law (which is 18 in Wisconsin), the IEP must include a statement that the student has been informed that the rights of the parent will transfer to the adult student when they turn 18. 34 CFR § 300.320(c). Parents and students must be notified of the upcoming transfer of rights at least one year before the student’s 18th birthday and it must be included in the student’s IEP. 71 Fed. Reg. 46,713 (2006). This means that the M-6 notice should be discussed at the IEP meeting for the term in which the student turns age 17, and a copy should be sent home with the finalized IEP paperwork.

Form M-6 is designed to be discussed with both the student and the parent(s) in person at the IEP team meeting for the year the student turns 17. The M-6 notice should also be sent to both the parent(s) and the student. The M-6 for the parent can be attached to the IEP, and the M-6 for the student should be sent to the student’s home address.

The Postsecondary Transition Plan (PTP) application also includes a prompt to ensure the student and parent(s) have been notified of the upcoming transfer of rights at least one year before the student reaches age 18. If this form is discussed at the IEP meeting for the year in which the student turns 17 and a copy is provided to the parent(s) and the student, a simple statement such as “the M-6 form was discussed at the IEP team meeting and mailed to the parent(s) and student” is sufficient for documentation in the PTP.