DE SB180

Authorizes the Department of Education to establish procedures ensuring each child with a disability who reaches age 18 has an identified educational decision-maker to exercise rights under special education law.

Children with disabilities age 18+ without a court-appointed guardian are presumed to have capacity and may exercise their own educational rights or appoint an agent through a power of attorney or voluntary grant of authority form.

Requires IEP teams to determine capacity during IEP meetings using specified standards, with a school psychologist present when capacity is uncertain; any ambiguity must be resolved in favor of finding capacity.

If a child lacks capacity, an educational representative must be appointed in priority order: willing and available biological/adoptive parent, then willing and available relative, then an educational surrogate parent appointed by the Department.

Becomes effective 180 days from enactment to allow the Department of Education and State Board of Education to develop implementing regulations and provide training to school districts and charter schools.