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U.S. Department of Education: Promoting Educational Excellence for all Americans

Children's rights (Sec. 300.625)

Comment: One commenter requested clarifying the requirement in Sec. 300.625(a) that children receive privacy rights similar to those received by parents.

Discussion: Section 300.625 is the same as current Sec. 300.574 and has been in the regulations since 1977. It provides that States must have policies and procedures concerning the extent to which children are afforded rights of privacy similar to those of parents, taking into consideration the age of the child and type or severity of disability. It does not require States to grant particular privacy rights to a child in addition to those that apply when the child reaches the age of majority, as specified in paragraphs (b) and (c) of Sec. 300.625. We do not believe further clarification is necessary.

Changes: None.

Comment: A few commenters stated that the notice to transfer parental rights to a child at the age of majority should be provided to the child and parents one year before the child reaches the age of majority.

Discussion: We do not believe this change is necessary because the regulations in Sec. 300.320(c) already address the notification requirement. Specifically, Sec. 300.320(c) requires that, beginning no later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under Sec. 300.520. Because the regulations already contain the notice requirement, we do not believe it is necessary to add further clarification of this requirement to Sec. 300.625.

Changes: None.