Legal Adult

When a student reaches the age of 18, also called the age of majority, that student is an adult and is presumed under Virginia law to be capable of making his or her own decisions, including educational decisions. If the adult student is not capable of providing informed consent when making decisions, someone else may be appointed to make education decisions for the student. The Virginia Department of Education recognizes three ways for a parent, family member or other person to be appointed to make educational decisions on behalf of an adult student:

1. Guardianship
2. Power of Attorney
3. Certification that the adult student is not capable of providing informed consent in making decisions. The school division can consider a parent or other competent adult to be the "educational representative" to make educational decisions for the student.

For more information the Virginia Department of Education has developed a document about the transfer of parental rights. Transfer of Rights for Students with Disabilities Upon Reaching the Age of Majority in Virginia.