18-Year-Old Students and the Law
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18-Year-Old Students and the Law
"Do Not Send My Report Card to My Parents…"
An 18-year-old student walks in your office and demands, “do not send my report cards or other records to my parents.” Meanwhile, the student lives with his or her parent/guardian, who claims the student as a “dependent” for federal income tax purposes, and wishes to continue receiving educational records regarding the student. School officials should be aware of the applicable legal standards which address such situations. Moreover, while it is not necessary to “advertise” the rights of the 18-year-old student, appropriate procedures and/or policy can provide consistent guidance.
Legal Standards
The Age of Majority Act became effective on January 1, 1972. Persons who have attained age 18 are recognized as adults as a matter of law. MCL 722.51. The purpose of the AGE of Majority Act is to establish 18 as the age at which a minor loses the “disabilities and protections” of minority and gains the “legal status” of an adult. Smilnak v City of Warren, 136 Mich App 103 (1984).
Under the Family Educational Rights and Privacy Act (“FERPA”), a student who has reached age 18 is defined as an “eligible student” and is accorded certain rights and responsibilities by operation of law. 34 CFR 99.3 FERPA states:
Whenever a student has attained eighteen years of age… the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. 20 USC 1232g(d); 34 CFR 99.5(a).
Accordingly, the right to consent to disclosure of education records to third parties automatically becomes the right of the 18-year-old student, and not the parent. All other FERPA rights similarly inure to the “eligible student.”
Despite FERPA’s transfer of “rights” to the “eligible student,” a significant “exception” to the prior written consent requirement for “parents of a dependent students as defined in § 152 of the Internal Revenue Code.” 34 CFR 99.31(a)(8). In other words, even though the 18-year-old student demands that his/her education records not be sent to the parent/guardian, school officials may disregard this demand if the records will be sent to the person who claims the student as a “dependent” for federal income tax purposes.
Please note that parental rights as to 18-year-old special education students are addressed by the Individuals with Disabilities Education Act (IDEA) and the Michigan Mandatory Special Education Act. Regardless of the student’s demands, the parents are nonetheless vital participants in the education process. The IDEA is silent as to a student’s ability to exclude parents from an IEPC meeting once the student has reached the age of majority.
Student Handbook Language
The high school student handbook should address the rights and responsibilities of 18-year-old students. Board policy and/or administrative regulations may also address this matter. While school officials have no legal basis to “approve recognition” of an 18-year-old student or require the student’s parent to “authorize” adult student status, it is recommended that a form be signed which provides notice to the student, parent, and school officials of these rights. In other words, the form memorializes the expectation that the adult student is responsible for making certain educational decisions which were previously made by the parent.
In developing such a form and explanatory language in the student handbook, the following issues should be addressed:
- 18-year-old students are legally recognized as adults.
- Except as noted below, policies and procedures set forth in the student handbook will apply to all students, regardless of their attainment of the age of majority.
- Students 18 years and older may have the same privilege as their parents/guardians as it relates to access to their student records.
- Students 18 years and older may represent themselves during disciplinary conferences and be the addressee for their grade reports.
- Students 18 years and older may sign themselves in and out of school and may verify their own absences NOTE: All school attendance standards continue to apply to students regardless of their age.
- Eligible students who wish to assert these rights should register their intent on the appropriate form in the high school office. Until such time as the eligible student registers this intent, school officials will not apply the above exceptions to school policies and procedures.
A copy of the completed form should be sent to the student’s parent, who should sign an acknowledgment statement and return a copy to the school. This completed form should be retained in the high school office.
