The rights to educational self-determination under the Individuals with Disabilities Education Act

The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of just two examples, as students 'age out' of special education, they participate in developing individualised transition plans guiding their movements to post-school activities. Second, the IDEA transfers parental access rights to students, granting them sole control over their educational records on turning 18 unless they are adjudicated incompetent under state law. Against this background, this paper opens by considering the U.S. Senate's reluctance to ratify the CRC. The paper next reviews the history of rights in the U.S. before examining how the IDEA affords students with disabilities considerable opportunities to participate in planning their futures both through transition planning and taking control over their educational records. The article ends by reflecting on how the IDEA comports with the CRC in protecting the rights of students with disabilities to self-determination.