The Age of Majority Act became effective on January 1, 1972. Persons who have attained age eighteen (18) are recognized as adults as a matter of law. (M.C.L.A. 722.51) The purpose of the Age of Majority Act is to establish eighteen (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 eighteen (18) is defined as an "eligible student" and is accorded certain rights and responsibilities by operation of law. (34 C.F.R. 99.3) FERPA states:

Accordingly, the right to consent to disclosure of education records to third parties automatically becomes the right of the eighteen (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 students", a significant "exception" to the prior written consent requirements for "parents of a dependent students as defined in SS152 of the Internal Revenue Code". (34 C.F.R. 99.31(a)(8)) In other words, even though the eighteen (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.

Parental rights as to eighteen (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.

It is necessary for the Board of Education through policy to address the rights and responsibilities of the eighteen (18) year old student. It is also necessary for the administrative regulations (MSHS Student-Parent Handbook) to address this matter.

While school officials have no legal basis to "approve recognition" of an eighteen (18) year old student or require the student's parents 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.

The Board recognizes that a student upon reaching eighteen (18) years of age has reached adult status according to Michigan Law. Obtaining adult status does not exempt the student from school rules set forth in the MSHS Student-Parent Handbook. All rules apply to all students regardless of their attainment of the age of majority.

Students who have attained eighteen (18) years of age and who wish to assert age of majority status must register in the high school office.

The administration reserves the right to advise parents of any situation regarding a student, regardless of age, which it deems worthy of parental involvement.

M.C.L.A. 722.51
Smilnak v City of Warren, 136 Mich App 103 (1984)
20 U.S.C. 1232G(d)
34 C.F.R. 99.5(a)
34 C.F.R. 99.31(a)(8)

Adopted 3/17/03