The Magic Ages of Transition Transfer of Rights Age of Majority Guardianship Graduation

The birthdays of 16, 17, 18 and 21 reflect the age at which certain things need to be included in a student’s IEP or when specific notifications are requested by the laws and rules.

All children with disabilities begin receiving Transition Services starting with the IEP in place when they turn age 16 (or earlier if appropriate). At times, the IEP team which includes all of you will decide transition should begin prior to age 16.

By age 16, EVERY IEP should: Be future-directed Be goal-oriented Be based on student’s preferences, interests and needs Include interagency linkages AND include MORE than academics! What is more than academics? Why are these things important??

Transfer of Rights One year before a student reaches the age of majority under state law (which is 18), the student's IEP must include a statement that the student has been informed of his or her rights that will transfer to the student when they turn 18. Transfer of Rights –As a legal adult, a person is presumed to be able to manage their own financial affairs, choose where to live, consent to medical treatment, vote, make contracts, marry, etc. This presumption does not change because a person has a disability. One year notice requirement is important as it will give parents and students the opportunity to learn about the transfer of rights and learn about any options for addressing any concerns that they have regarding the transfer of rights to the student.

T-R-A-N-S-F-E-R T = Transfer of Rights to students to now perform all the functions their parents/guardians performed previously. R = Responsibilities – Students are responsible for IEP decisions. A = Advocacy skills are needed so students can speak on their own behalf and determine what they want in the future. N = Notices go to students on meetings, consents, IEP decisions, etc. S = Supports – Students may need support at meetings and in making decisions, such as from parents. Ultimate decisions belong to students. F = FERPA – Confidentiality and other rights transfer to the students. E = Eval. decisions belong to the students (requests, consent, IEEs, etc.). R = Rights - Students have all the rights parents held prior to age 18. Students become the “parent” referenced in IDEA. Transfer of Rights Infographics

Age of Majority All children with disabilities legally become an “adult” at age 18 in South Dakota. Age of Majority Remember all those rights are not transferred to them. (back to slide 6) If parents believe their child with a disability will not be able to make good decisions on his or her own, they need to plan ahead to ensure a guardianship/conservatorship, or POA if appropriate, is in place when the child turns age 18.

Guardianship Guardianship is a legal proceeding and an attorney is needed for this process. There are costs involved, expect to spend $600.00 or more. Limited funds may be available through the Establishment Program (SD Guardianship Program). The person who will become the protected person has a right to disagree with the procedure and with who will be the guardian/conservator. When a person is unable to do some or all of these things, some form of “supported decision making” is needed. Families should start this conversation early and learn about all the options. Guardianship is the most widely used legal tool, but there is a growing list of less restrictive options or alternatives. For example, some other options might include: Release of Information – have person sign to allow family members to talk with schools, providers, Dr, etc. No attorney is needed for this. Power of Attorney for Finance- a document that authorizes another person to handle all the financial affairs of the individual. Power of Attorney for Healthcare- a document that authorizes another person to make health care decisions for the individual, based on the their wishes. Power of Attorney for Education/Educational Interests Limited or Full Guardianship – most families work with an attorney to do this. SD Guardianship Program provides: Professional services for people who need protection. Legal assistance with guardianship proceedings. Act as Court Representative in cases where the Court requests an objective investigation. Conduct Assessments to determine whether guardianship/conservatorship is appropriate. Offer estate planning services for parents who have children with disabilities.

GUARDIANSHIP CRITICS SAY…. Guardianship is highly restrictive. Guardianship is for the convenience of others – health care professionals, government agencies, financial institutions, law enforcement. Guardianship referral becomes an automatic part of the planning process. Guardianship becomes a life sentence. Guardianship may add an unnecessary financial burden.

At one point during this time frame, a students public education comes to an end. In South Dakota, eligibility for special education services ends in one of two specific circumstances.

When should the graduation discussion begin? 11th grade??? 9th grade??? 8th grade??? Even earlier?? Encourage the inclusion of information about graduation in some meaningful form at the start of the high school career and at least annually after that to assure that people have been notified. This process will also help to assess progress and needed services to assure movement toward the goal of graduation.

Graduation OR Unsigned??? Signed??? At least one year prior to a student’s expected graduation date, parents and students must be informed of the specific requirements for graduation to occur. This gives all time to discuss any remaining academic requirements that need to be met. Signed Diploma – considered a change of placement and all services from the school district end. Unsigned diploma – there is a need for continued transtiioin services/activites/goals and services continue through time of age-out (or earlier, if agreed upon) OR Unsigned??? Signed???

POINTS TO CONSIDER Graduation should be talked about with incoming freshman, and progress toward that reviewed annually. Make sure all understand the implications of graduating with a signed diploma. Parents and students need to understand the school’s policy on diplomas and student participation in the graduation ceremony well before the event!!

For students still receiving special education services becauser graduation with a regular high school diploma has not occurred, the day that student turns 21 is important because special educaiton eligibility ends on June 30, following their 21st birthday.

Contacts South Dakota Guardianship Program 1-866-228-9119 https://dhs.sd.gov/guardianship/default.aspx Disability Rights South Dakota (formerly SD Advocacy) 1-800-658-4782 http://www.drsdlaw.org/ Transition Services Liaison Project 626-2398 www.tslp.org Hopefully this pp has answered some questions you have have add on transition services timlines, but each situation may present unique challenges. The above contacts can provide with more information if you have quesitons.