Introduction
This form documents the requirement to provide notice to the parent(s) that the adult student who has reached the age of majority (age 18 in Wisconsin), who has not been found by a court to be incompetent, and who now has the rights previous given to the parent(s) under state and federal special education law. Wis. Stat. § 115.807(3). This form also provides the parent(s) with information 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
The local education agency (LEA or agency) must inform both the adult student and their parent(s) of this transfer of rights. Wis. Stat. § 115.807(3). Form M-8 documents notification to the adult student’s parent(s).
The parents of an adult student who continues to be financially dependent upon the parents may continue to have access to their child’s pupil records, unless the adult student notifies the school in writing this information may not be shared with the parents without the student’s permission, Wis. Stat. § 118.125(2)(k). This transfer of rights at the age of majority should be included in the agency’s policy on pupil records to help ensure both parents and students understand this process.
The parent(s) of an adult student must be notified of the transfer of rights to the student when they reach the age of 18. For record keeping purposes, DPI recommends sending Form M-7 and M-8 on the student’s 18th birthday. If the agency chooses, the M-7 and M-8 notice can also be sent along with the first notice applicable to the student after their 18th birthday.
The M-8 form is not required to be provided at an IEP team meeting or included in an IEP. The M-8 notice is sent directly to the adult student’s parent(s) address.
The Postsecondary Transition Plan (PTP) application also includes a prompt to ensure the adult student has been notified of the transfer of rights at age 18. If this form is provided to adult student’s parent(s), a simple statement such as “the M-8 form was mailed to (the adult student) on (date)” is sufficient for documentation in the PTP.