1. Housing, Post Secondary Education and Employment Presented by William L.E. Dussault www.dussaultlaw.com

2. Housing Options Living independently  Use of DDD or DSHS services  Owning or renting?  Who owns the home? Homes of $500,000 or less as exempt resources Estate recovery  Roommates? Pooled Resources Multiple families Living with parents Intermediate care facilities for the mentally retardation (ICF/MR) Adult Family Homes & Assisted Living Facilities Skilled Nursing Facilities www.dussaultlaw.com

3. Living Independently Rent or Own Living Unit Arrange for necessary hours of supervision and assistance Private vs. State pay State Programs  DDD supported living programs http://www1.dshs.wa.gov/ddd/services.shtml  See Waiver Programs via DDD and Home & Community Based via A&DS  Medicaid PCP www.dussaultlaw.com

4. Living with Family Remain in family home Pay fair market rent (room and board) to retain full SSI payments Tax treatment of rent payments for family Dependency Status for IRS Problematic for Long Term Planning for disabled family member www.dussaultlaw.com

5. Home Owned by Multiple Families Families pool resources together to purchase a home to rent to their children.  Social Security benefits  HUD Section 8 Vouchers Combining DDD & DSHS services (MPC hours) Issues of liability Ownership Structure  Business entities (LLC, Partnership, Corporation)  Special Needs Trust www.dussaultlaw.com

6. Adult Family Homes Residential homes licensed to care for up to 6 residents Privately operated by licensed providers Home-like environment Availability limited by space in licensed homes www.dussaultlaw.com

7. HUD Section 8 Rent subsidy based on income Operated by County or Local Housing Authorities Fixed Site and Voucher Programs Waiting Lists King County Housing Authority is currently closed to new applications, but does open from time to time. It currently has over 10,000 people on vouchers and in rent subsidy programs.  Current waiting list of 2454 applicants for SHA with list to open in 12 to 24 months  Check websites for availability at http://www.seattlehousing.org/housing/vouchers/ and http://www.kcha.org / http://www.kcha.org / www.dussaultlaw.com

8. Post Secondary Education IDEA Secondary Transition Programs set foundation Academic vs. Vocational goals Continued schooling vs. Direct OJT Interaction with DDD/DVR for post secondary education funding Encourage use of specialized community college programs www.dussaultlaw.com

9. Community College Programs Sample Program: Bellevue Community College “The Venture Program at Bellevue Community College has launched an Associate in Essential Studies (AES) Degree. This pilot program is the first degree program in America for students challenged with learning, cognitive, and intellectual disabilities.” Associate in Essential Studies (AES) Degree Venture Vision The American education system is not intended to be a dead end road, yet students with learning, cognitive, and intellectual disabilities are not expected to nor encouraged to learn as much or earn as much as typical students. The Venture Program addresses a student population for whom there is little if any serious and viable postsecondary option. The Associate in Essential Studies is a rigorous college degree program whose time has come. Postsecondary education has become an increasingly important prerequisite to independent adult living. The Venture Program believes that individuals learn at different rates and slower learners can reach their full potential when given the opportunity. We believe in our students. Application Procedures/Contact Formal admission procedure: To acquire an application packet, please contact ols-venture@bellevuecollege.edu or (425) 564-2844ols-venture@bellevuecollege.edu www.dussaultlaw.com

10. High School versus College Education is a right and FAPE must be provided Not a right. Students must meet admission requirements under ADA School district provides free testing, transportation and related services Student must self-identify, provide evaluation to support needs, get to school, and obtain needed support services on own www.dussaultlaw.com High School College

11. School district develops IEP with IEP team, including student and parents There is no IEP or special education. Students choose coursework and are provided academic adaptations and other modifications School district obtains and pays for needed educational services Student Disability Services Offices exist to facilitate student support needs High School versus College www.dussaultlaw.com High School College

12. Job Placement via DDD Typically provided via contracts with counties “Employment services provide ongoing support services and training for eligible persons with paid jobs in a variety of settings and work sites. These include individual supported employment, group employment, prevocational services, and Person to Person. These may be individual or group options in the community and specialized industry settings.” “Community Access services provide activities, special assistance, advocacy, and education to help clients whose age or disability currently limits their ability to participate actively in their community.” See: http://www1.dshs.wa.gov/ddd/services.shtml www.dussaultlaw.com

13. Department of Vocational Rehabilitation (DVR) www.dussaultlaw.com Eligibility  Physical, mental, or sensory impairment  Results in a substantial impediment that hinders the individual’s ability to achieve an employment outcome Can be a lot of frustration dealing with DVR depending on case worker. http://www.washingtoncap.org/

14. What services does DVR provide? Assessment services Counseling with a rehabilitation counselor Services to teach how to look for a job, prepare a resumé, interview for a job, on-the-job training and vocational education or classroom training Rehabilitation technology – customized devices and equipment and training Costs of tuition, transportation, independent living and other disability-related expenses www.dussaultlaw.com

15. DVR Waiting List www.dussaultlaw.com Approximately 3500 people now being served and 7700 people “in plan status” waiting for DVR services Priority categories assigned  Priority Category 1 – most severe disabilities  Priority Category 2 – less severe disabilities  Priority Category 3 – disabilities not classified as severe Placement on the list will depend on the severity of the disability

16. Employment Concerns Work as a Reflection of Self Worth Earned Income Restrictions on SSI/SSDI Substantial Gainful Activity (SGA) $860/mo Sliding Scale Benefit Reduction Volunteer vs. Paid Work Employer Abuses/Discrimination www.dussaultlaw.com

17. Disclaimer & Notice This training and written materials are designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the presenters are not engaged in rendering legal, financial or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Please keep in mind all written materials and power point slides are the intellectual property of the Dussault Law Group. These materials may not be distributed without the express written consent of the authors. May, 2010 www.dussaultlaw.com