# data[].attributes.attachment_link.readable_text
At a glance

Loans and scholarships are available through federal, state, and private programs.

Some financial aid programs are just for kids who learn and think differently.

There's also financial aid that rewards specific talents and accomplishments.

It's not a secret that college can cost a small fortune. What you may not know is that specific scholarships are available for students who learn and think differently. There are also general grants, loans, and scholarships.

Explore some of the opportunities below. College financial aid offices are a great place to learn more.

Scholarships for students who learn and think differently

Many private scholarships are available for students who learn and think differently. FinAid is a good place to look for information about financial aid and specific scholarships.

Here are a few of the scholarships available:

Fred J. Epstein Youth Achievement Award: This $1,000 award from Smart Kids with Disabilities recognizes the strengths and accomplishments of young people with learning disabilities and ADHD. It will be given to a student age 19 or younger who has demonstrated initiative, talent, and determination resulting in a notable accomplishment in any field - including art, music, science, math, athletics, or community service.

Karina Eide Memorial College Scholarships: The Dyslexic Advantage offers these $2,500 scholarships to students with dyslexia who are currently enrolled in college, university, or vocational school. A total of 16 awards will be given.

Federal student aid programs

The U.S. Department of Education provides billions of dollars of federal aid each year. This goes to students pursuing higher education. Grants and scholarships are "free." But you have to repay loans. These are examples of federal aid programs:

Federal Pell Grants are for undergraduates.

Federal Stafford Loans are based on financial need and have variable interest rates. The government pays the interest on the loan while your child is in school.

Federal PLUS Loans are made to the parents. These have variable interest rates.

Campus-based programs are managed by participating schools. They include federal supplemental educational opportunity grants, federal work-study, and Perkins loans.

Before your teen applies to any of these programs, check to see if the college participates. You can get more information by calling the Federal Student Aid Information Center at 1-800-433-3243.

Other general scholarships and awards

States also offer grants and loans. You can learn more through the high school guidance counselor or the college financial aid office.

A wide range of other sources may offer aid. Some target a student's specific achievements, interests, or background. Don't forget to check opportunities like these:

Your employer

Local organizations, like labor unions or the Elks Club

Religious groups

Chamber of Commerce

All students interested in financial aid need to fill out the Free Application for Federal Student Aid (FAFSA) to be eligible. You can also contact the college's financial aid office. Many schools offer grants, loans, and scholarships. Separate funding also might be available from college academic departments.

Key takeaways

Work with the high school guidance counselor and college financial aid office to learn about financial aid programs.

Look for scholarships aimed specifically at kids who learn and think differently.

When searching for financial aid, cast a wide net.

About the author

About the author

The Understood Team is made up of passionate writers and editors. Many of them have kids who learn and think differently.

Reviewed by

Reviewed by

Sheldon H. Horowitz, EdD is senior director of learning resources and research at the National Center for Learning Disabilities.

# data[].attributes.attachment_link.title
College Financial Aid for Students With Learning Disabilities | Scholarships for LD

# data[].attributes.attachment_link.description
Loans and scholarships are available through federal, state, and private programs. Some financial aid programs are just for kids who learn and think differently. There's also financial aid that rewards specific talents and accomplishments. It's not a secret that college can cost a small fortune.

# data[].attributes.attachment_link.readable_text
To the learning disabled community, and our allies,

Our students are in a mental health crisis, one that disproportionately impacts students with learning disabilities. A 2019 CDC report indicated 33% of high school students experienced persistent feelings of sadness or hopelessness. This number jumped to 44% during the pandemic. For those of us in the learning disability community, mental health issues permeate our everyday lives. The limited research we have supports a strong correlation between learning disabilities and mental health disorders. For example, one study found that individuals with learning disabilities report mental health issues such as anxiety, depression, and suicidal ideation at twice the rate of their non-disabled peers, even controlling for possible confounding factors. Another meta-analytic study shows varying rates of comorbidity, from 8% to 46.3%, for ADHD and anxiety among students with LD.

Yet, the causal relationship between mental health and learning disabilities is still poorly understood. The topic of mental health rates in the LD community came up time and time again in conversations among our Young Adult Leadership Council members, where for many of us mental health struggles are woven throughout our LD stories. We write this letter first as a note of acknowledgement to the LD community, second to bring awareness of this issue to a broader global community, and third to call in parents, teachers, policy makers, and researchers to help us address this issue.

Generally, poor mental health is associated with challenges with decision making, difficulty in school, difficulty forming positive relationships, and other risky or potentially harmful behaviors. Dual-disability diagnoses present even greater challenges, as many experience persistent stress, anxiety,, trauma, bullying, internalizing problems, and feelings of social isolation as they navigate a world with learning disabilities and mental health disorders. These negative experiences are especially concerning when you consider that almost one-third of incarcerated individuals report having a learning disability, and mental health issues affect approximately half of the incarcerated populations.

"Not being diagnosed until recently as an adult, I never understood why I struggled like I did. However, after my diagnosis, I realized that my anxiety and depressive episodes contributed to my perfectionism and impulsive choices. Undiagnosed individuals with ADHD face the harsh reality of being prone to depression and anxiety. It could lead someone to a pathway of substance abuse and impulsive decision making that can have serious consequences. When you live in a world where people don't understand individuals with attention issues, it can make you feel like something is inherently wrong with you, which can also contribute to depression."
-Misha Nicholas

We know that students with LD report more issues with mental health. However, that is the extent of the research. We do not know the cause of these lower mental health rates in students with learning disabilities. Anecdotal reports by students with LD suggest that many experience educational trauma. We need research in order to know the extent and impact of this educational trauma. Is educational trauma a risk factor for poor mental health?

As members and activists on the National Center for Learning Disabilities' Young Adult Leadership Council (YALC), we feel it is imperative to kick-start a solution-driven mental health initiative focused on the intersectionality of learning disabilities and mental health disorders. Many of us navigate life as learning disabled people struggling with mental health. Research suggests that promoting a sense of belonging and peer social support within schools can protect learning disabled individuals from many documented negative outcomes. Yet, many of us experienced various forms of educational trauma throughout education in the form of persistent academic failure, feelings of inadequacy, low self-esteem, bullying, social isolation, and ridicule. Educational trauma refers to the perpetual pattern of harmful cycles within educational systems that detrimentally affect academic and emotional outcomes.

"The humiliation, bullying, and systematic exclusion was shattering beyond words. Eventually the educational trauma I experienced became a bigger barrier to learning than my actual learning disability."
-Erin

Many young adults with learning disabilities describe their K-12 educational experiences as traumatic. They describe feelings of being misunderstood. Often, they report that those around them failed to understand their learning and mental health struggles, as they lacked the words to describe the shame they felt to the adults and peers in their lives. These struggles span well beyond weaknesses in reading, writing, and math. Mental health and learning disabilities are interwoven, and these challenges follow learning disabled individuals as they transition out of high school and into postsecondary education and the workplace.

"It was not until undergrad that I learned that it isn't normal to feel like you can't breathe every time before attempting homework."
-Stevie Mays

Many learning disabled people report feeling unsafe and like they do not belong in the classroom. In talking with almost any learning disabled person, they will tell you that their learning disability has impacted them far beyond just their struggle with learning skills like math and reading. They will tell you that existing as a learning disabled person impacts one's whole experience with the world, how the world interacts with them, and how they interact with the world. Yes, it's important for us to help LD students in academic areas like reading and writing. But if we fail to look beyond academics, at the whole person, we miss an entire aspect of the learning disabled experience. We miss what it actually means to exist as a learning disabled person.

"At age 16, as everyone around me wrote in fine penmanship, I felt like a child still writing with red crayon. It didn't matter what or how well I wrote - I wasn't allowed to belong."
-Brody

What are you doing personally to better understand and address the experiences of the learning disabled community and why our peers are pushed out of schools, into the prison system, into low-wage careers, and, in the best case, into college settings that don't support us?

We need to talk about mental illness for what it is: a disability. A disability that deserves the same support and focus as dyslexia, ADHD, and other learning disabilities.

Our dyslexia, anxiety, ADHD, depression, dysgraphia, PTSD, and more are disabilities that need support, understanding, and recognition. Many of us on the YALC say that finding the LD community was the key to us feeling like we finally understood ourselves and were able to come out of our shame. We found strength in our shared experiences and were able to name many of our experiences for what they were: educational trauma. In doing so we found our voice, not only to share our stories but to advocate for our community as a whole.

To the LD person reading this, we see and empathize with your struggles. We encourage you to seek out your LD community and embrace your disability identity. The disability label (including mental health and learning disabilities) give you access to support and treatment. It also comes with a community that wants to welcome you in.

Finally, this letter is a call to action - a call to our researchers, policy makers, educators, and parents and caregivers to better understand, address, and find solutions for the mental health needs of individuals with learning disabilities.

WHAT YOU CAN DO TO HELP!

For researchers:

Include mental health as measures in your data collection, and mental health disabilities as covariates.

Research educational trauma, including its prevalence and impact on students with learning disabilities.

Conduct holistic research on the experiences of LD students beyond our academic success, and understand the impact on our non-academic lives.

Research the intersection of mental health and learning disabilities, and specifically the experiences of BIPOC, LGBTQ+, and historically marginalized groups.

Include LD people in your research process beyond them being research subjects. Ensure that learning disabled people are a part of the research design process. Get feedback from the LD community and ensure that the research questions you ask are aligned with the values of the community you're studying. Hire LD people in your labs and centers so a good percentage of the next generation of people studying LD are LD themselves.

For policy makers:

Increase funding for early identification, treatment, and psychological support within schools. We need well-funded school-based mental health programs, school psychologists, counselors, and social workers.

Keep your promise and fully fund IDEA, after over 40 years of never doing so.

Ban the practices of seclusion and restraint that have harmed and oppressed disabled students for decades.

For educators:

Many of your students are walking into your classroom with years of educational trauma. You can end it. Focus on students' strengths while also acknowledging and building solutions to address our weaknesses, and listen to students when they are brave in sharing their experiences.

Be aware of the interconnectedness of mental health and learning disabilities, and work with us to create strategies that address what we need and prevent negative outcomes.

Avoid terms such as "lazy" when you talk about your disabled students. We aren't lazy. We're trying our best.

For parents and caregivers:

Talk about mental health with us, and help us own our identities as members of the disability community.

Look for early warning signs of mental health issues and teach us to be self-advocates, so that when we're on our own, we've got the skills to stand up for ourselves and the things we need to be successful learners.

For the learning disabled community:

Embrace your learning disability identity. Don't be afraid to use the language of disability. Taboo and stigma lead people to use euphemisms. But ultimately, our legal rights and our connection to community depend on identifying as disabled. We can end the stigma and taboo of being disabled by embracing this community.

Be willing to talk about how mental health impacts you in school. We are functioning in school systems that are not designed for us and that "others" us constantly. Allowing yourself to get support is the greatest gift you can give to yourself. We know it's hard to stick out as the one using accommodations, but you'll be glad you did.

Understand that you'll need to self-advocate for both your LD and your mental health. This may look like telling your parents and educators what you need in a classroom setting to succeed. This means attending your IEP meeting and making sure your accommodations reflect your needs.

This call to action only scratches the surface of a larger conversation. Our voice matters. Join us in amplifying this initiative by signing below.

Sincerely,

The Young Adult Leadership Council

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To the learning disabled community, and our allies, Our students are in a mental health crisis, one that disproportionately impacts students with learning disabilities. A 2019 CDC report indicated 33% of high school students experienced persistent feelings of sadness or hopelessness. This number jumped to 44% during the pandemic.

# data[].attributes.attachment_link.readable_text
Ohio College2Careers

OOD offers Ohio College2Careers at 17 colleges and universities in Ohio to ensure students with disabilities have the support they need to complete their degree and/or credential, earn higher wages, and meet the demands of tomorrow's labor market. These counselors are located in the disability and/or career services offices at each school to assist students with disabilities with additional supports:

Career exploration & counseling
Assistive technology
Resume and interview preparation
Internships & permanent employment
Assistance navigating OhioMeansJobs resources
Connection to an expansive employer partner network

Click here to learn how OOD provides eligible college students with disabilities, in any two-year, four-year, and graduate school programs, with FINANCIAL SUPPORT, while participating in OOD services, during the 2022-2023 school year.

Am I Eligible?
Visit your disability services office on campus and meet with an Ohio College2Career Counselor to find out if you are eligible for services. OOD serves individuals with physical, intellectual, sensory, and mental health disabilities. If you do not see your school listed below, OOD may still be able to support you to attain and maintain employment. Please visit www.OODWorks.com to explore vocational rehabilitation, take a self-assessment, and apply for services.
Ohio College2Careers Contacts Learn More
Need more information or have general questions about Ohio College2Careers? Email college2careers@ood.ohio.gov.

See the map of Ohio College2Careers.

A fact sheet on Ohio College2Careers is available.

A flyer on Ohio College2Careers PDF

A flyer on Ohio College2Careers Word

Read quotes of support from presidents of partnering colleges and universities.

Keep up with what's happening with Ohio College2Careers on social media. Search "@OhioC2C" on Facebook, Twitter, Instagram, and LinkedIn.

# data[].attributes.attachment_link.description
OOD offers Ohio College2Careers at 17 colleges and universities in Ohio to ensure students with disabilities have the support they need to complete their degree and/or credential, earn higher wages, and meet the demands of tomorrow's labor market.

# data[].attributes.attachment_link.readable_text
To the learning disabled community, and our allies,

Our students are in a mental health crisis, one that disproportionately impacts students with learning disabilities. A 2019 CDC report indicated 33% of high school students experienced persistent feelings of sadness or hopelessness. This number jumped to 44% during the pandemic. For those of us in the learning disability community, mental health issues permeate our everyday lives. The limited research we have supports a strong correlation between learning disabilities and mental health disorders. For example, one study found that individuals with learning disabilities report mental health issues such as anxiety, depression, and suicidal ideation at twice the rate of their non-disabled peers, even controlling for possible confounding factors. Another meta-analytic study shows varying rates of comorbidity, from 8% to 46.3%, for ADHD and anxiety among students with LD.

Yet, the causal relationship between mental health and learning disabilities is still poorly understood. The topic of mental health rates in the LD community came up time and time again in conversations among our Young Adult Leadership Council members, where for many of us mental health struggles are woven throughout our LD stories. We write this letter first as a note of acknowledgement to the LD community, second to bring awareness of this issue to a broader global community, and third to call in parents, teachers, policy makers, and researchers to help us address this issue.

Generally, poor mental health is associated with challenges with decision making, difficulty in school, difficulty forming positive relationships, and other risky or potentially harmful behaviors. Dual-disability diagnoses present even greater challenges, as many experience persistent stress, anxiety,, trauma, bullying, internalizing problems, and feelings of social isolation as they navigate a world with learning disabilities and mental health disorders. These negative experiences are especially concerning when you consider that almost one-third of incarcerated individuals report having a learning disability, and mental health issues affect approximately half of the incarcerated populations.

"Not being diagnosed until recently as an adult, I never understood why I struggled like I did. However, after my diagnosis, I realized that my anxiety and depressive episodes contributed to my perfectionism and impulsive choices. Undiagnosed individuals with ADHD face the harsh reality of being prone to depression and anxiety. It could lead someone to a pathway of substance abuse and impulsive decision making that can have serious consequences. When you live in a world where people don't understand individuals with attention issues, it can make you feel like something is inherently wrong with you, which can also contribute to depression."
-Misha Nicholas

We know that students with LD report more issues with mental health. However, that is the extent of the research. We do not know the cause of these lower mental health rates in students with learning disabilities. Anecdotal reports by students with LD suggest that many experience educational trauma. We need research in order to know the extent and impact of this educational trauma. Is educational trauma a risk factor for poor mental health?

As members and activists on the National Center for Learning Disabilities' Young Adult Leadership Council (YALC), we feel it is imperative to kick-start a solution-driven mental health initiative focused on the intersectionality of learning disabilities and mental health disorders. Many of us navigate life as learning disabled people struggling with mental health. Research suggests that promoting a sense of belonging and peer social support within schools can protect learning disabled individuals from many documented negative outcomes. Yet, many of us experienced various forms of educational trauma throughout education in the form of persistent academic failure, feelings of inadequacy, low self-esteem, bullying, social isolation, and ridicule. Educational trauma refers to the perpetual pattern of harmful cycles within educational systems that detrimentally affect academic and emotional outcomes.

"The humiliation, bullying, and systematic exclusion was shattering beyond words. Eventually the educational trauma I experienced became a bigger barrier to learning than my actual learning disability."
-Erin

Many young adults with learning disabilities describe their K-12 educational experiences as traumatic. They describe feelings of being misunderstood. Often, they report that those around them failed to understand their learning and mental health struggles, as they lacked the words to describe the shame they felt to the adults and peers in their lives. These struggles span well beyond weaknesses in reading, writing, and math. Mental health and learning disabilities are interwoven, and these challenges follow learning disabled individuals as they transition out of high school and into postsecondary education and the workplace.

"It was not until undergrad that I learned that it isn't normal to feel like you can't breathe every time before attempting homework."
-Stevie Mays

Many learning disabled people report feeling unsafe and like they do not belong in the classroom. In talking with almost any learning disabled person, they will tell you that their learning disability has impacted them far beyond just their struggle with learning skills like math and reading. They will tell you that existing as a learning disabled person impacts one's whole experience with the world, how the world interacts with them, and how they interact with the world. Yes, it's important for us to help LD students in academic areas like reading and writing. But if we fail to look beyond academics, at the whole person, we miss an entire aspect of the learning disabled experience. We miss what it actually means to exist as a learning disabled person.

"At age 16, as everyone around me wrote in fine penmanship, I felt like a child still writing with red crayon. It didn't matter what or how well I wrote - I wasn't allowed to belong."
-Brody

What are you doing personally to better understand and address the experiences of the learning disabled community and why our peers are pushed out of schools, into the prison system, into low-wage careers, and, in the best case, into college settings that don't support us?

We need to talk about mental illness for what it is: a disability. A disability that deserves the same support and focus as dyslexia, ADHD, and other learning disabilities.

Our dyslexia, anxiety, ADHD, depression, dysgraphia, PTSD, and more are disabilities that need support, understanding, and recognition. Many of us on the YALC say that finding the LD community was the key to us feeling like we finally understood ourselves and were able to come out of our shame. We found strength in our shared experiences and were able to name many of our experiences for what they were: educational trauma. In doing so we found our voice, not only to share our stories but to advocate for our community as a whole.

To the LD person reading this, we see and empathize with your struggles. We encourage you to seek out your LD community and embrace your disability identity. The disability label (including mental health and learning disabilities) give you access to support and treatment. It also comes with a community that wants to welcome you in.

Finally, this letter is a call to action - a call to our researchers, policy makers, educators, and parents and caregivers to better understand, address, and find solutions for the mental health needs of individuals with learning disabilities.

WHAT YOU CAN DO TO HELP!

For researchers:

Include mental health as measures in your data collection, and mental health disabilities as covariates.

Research educational trauma, including its prevalence and impact on students with learning disabilities.

Conduct holistic research on the experiences of LD students beyond our academic success, and understand the impact on our non-academic lives.

Research the intersection of mental health and learning disabilities, and specifically the experiences of BIPOC, LGBTQ+, and historically marginalized groups.

Include LD people in your research process beyond them being research subjects. Ensure that learning disabled people are a part of the research design process. Get feedback from the LD community and ensure that the research questions you ask are aligned with the values of the community you're studying. Hire LD people in your labs and centers so a good percentage of the next generation of people studying LD are LD themselves.

For policy makers:

Increase funding for early identification, treatment, and psychological support within schools. We need well-funded school-based mental health programs, school psychologists, counselors, and social workers.

Keep your promise and fully fund IDEA, after over 40 years of never doing so.

Ban the practices of seclusion and restraint that have harmed and oppressed disabled students for decades.

For educators:

Many of your students are walking into your classroom with years of educational trauma. You can end it. Focus on students' strengths while also acknowledging and building solutions to address our weaknesses, and listen to students when they are brave in sharing their experiences.

Be aware of the interconnectedness of mental health and learning disabilities, and work with us to create strategies that address what we need and prevent negative outcomes.

Avoid terms such as "lazy" when you talk about your disabled students. We aren't lazy. We're trying our best.

For parents and caregivers:

Talk about mental health with us, and help us own our identities as members of the disability community.

Look for early warning signs of mental health issues and teach us to be self-advocates, so that when we're on our own, we've got the skills to stand up for ourselves and the things we need to be successful learners.

For the learning disabled community:

Embrace your learning disability identity. Don't be afraid to use the language of disability. Taboo and stigma lead people to use euphemisms. But ultimately, our legal rights and our connection to community depend on identifying as disabled. We can end the stigma and taboo of being disabled by embracing this community.

Be willing to talk about how mental health impacts you in school. We are functioning in school systems that are not designed for us and that "others" us constantly. Allowing yourself to get support is the greatest gift you can give to yourself. We know it's hard to stick out as the one using accommodations, but you'll be glad you did.

Understand that you'll need to self-advocate for both your LD and your mental health. This may look like telling your parents and educators what you need in a classroom setting to succeed. This means attending your IEP meeting and making sure your accommodations reflect your needs.

This call to action only scratches the surface of a larger conversation. Our voice matters. Join us in amplifying this initiative by signing below.

Sincerely,

The Young Adult Leadership Council

# data[].attributes.attachment_link.description
To the learning disabled community, and our allies, Our students are in a mental health crisis, one that disproportionately impacts students with learning disabilities. A 2019 CDC report indicated 33% of high school students experienced persistent feelings of sadness or hopelessness. This number jumped to 44% during the pandemic.

# data[].attributes.attachment_link.readable_text
Ohio College2Careers

OOD offers Ohio College2Careers at 17 colleges and universities in Ohio to ensure students with disabilities have the support they need to complete their degree and/or credential, earn higher wages, and meet the demands of tomorrow's labor market. These counselors are located in the disability and/or career services offices at each school to assist students with disabilities with additional supports:

Career exploration & counseling
Assistive technology
Resume and interview preparation
Internships & permanent employment
Assistance navigating OhioMeansJobs resources
Connection to an expansive employer partner network

Click here to learn how OOD provides eligible college students with disabilities, in any two-year, four-year, and graduate school programs, with FINANCIAL SUPPORT, while participating in OOD services, during the 2022-2023 school year.

Am I Eligible?
Visit your disability services office on campus and meet with an Ohio College2Career Counselor to find out if you are eligible for services. OOD serves individuals with physical, intellectual, sensory, and mental health disabilities. If you do not see your school listed below, OOD may still be able to support you to attain and maintain employment. Please visit www.OODWorks.com to explore vocational rehabilitation, take a self-assessment, and apply for services.
Ohio College2Careers Contacts Learn More
Need more information or have general questions about Ohio College2Careers? Email college2careers@ood.ohio.gov.

See the map of Ohio College2Careers.

A fact sheet on Ohio College2Careers is available.

A flyer on Ohio College2Careers PDF

A flyer on Ohio College2Careers Word

Read quotes of support from presidents of partnering colleges and universities.

Keep up with what's happening with Ohio College2Careers on social media. Search "@OhioC2C" on Facebook, Twitter, Instagram, and LinkedIn.

# data[].attributes.attachment_link.description
OOD offers Ohio College2Careers at 17 colleges and universities in Ohio to ensure students with disabilities have the support they need to complete their degree and/or credential, earn higher wages, and meet the demands of tomorrow's labor market.

# data[].attributes.attachment_link.readable_text
At a glance

Loans and scholarships are available through federal, state, and private programs.

Some financial aid programs are just for kids who learn and think differently.

There's also financial aid that rewards specific talents and accomplishments.

It's not a secret that college can cost a small fortune. What you may not know is that specific scholarships are available for students who learn and think differently. There are also general grants, loans, and scholarships.

Explore some of the opportunities below. College financial aid offices are a great place to learn more.

Scholarships for students who learn and think differently

Many private scholarships are available for students who learn and think differently. FinAid is a good place to look for information about financial aid and specific scholarships.

Here are a few of the scholarships available:

Fred J. Epstein Youth Achievement Award: This $1,000 award from Smart Kids with Disabilities recognizes the strengths and accomplishments of young people with learning disabilities and ADHD. It will be given to a student age 19 or younger who has demonstrated initiative, talent, and determination resulting in a notable accomplishment in any field - including art, music, science, math, athletics, or community service.

Karina Eide Memorial College Scholarships: The Dyslexic Advantage offers these $2,500 scholarships to students with dyslexia who are currently enrolled in college, university, or vocational school. A total of 16 awards will be given.

Federal student aid programs

The U.S. Department of Education provides billions of dollars of federal aid each year. This goes to students pursuing higher education. Grants and scholarships are "free." But you have to repay loans. These are examples of federal aid programs:

Federal Pell Grants are for undergraduates.

Federal Stafford Loans are based on financial need and have variable interest rates. The government pays the interest on the loan while your child is in school.

Federal PLUS Loans are made to the parents. These have variable interest rates.

Campus-based programs are managed by participating schools. They include federal supplemental educational opportunity grants, federal work-study, and Perkins loans.

Before your teen applies to any of these programs, check to see if the college participates. You can get more information by calling the Federal Student Aid Information Center at 1-800-433-3243.

Other general scholarships and awards

States also offer grants and loans. You can learn more through the high school guidance counselor or the college financial aid office.

A wide range of other sources may offer aid. Some target a student's specific achievements, interests, or background. Don't forget to check opportunities like these:

Your employer

Local organizations, like labor unions or the Elks Club

Religious groups

Chamber of Commerce

All students interested in financial aid need to fill out the Free Application for Federal Student Aid (FAFSA) to be eligible. You can also contact the college's financial aid office. Many schools offer grants, loans, and scholarships. Separate funding also might be available from college academic departments.

Key takeaways

Work with the high school guidance counselor and college financial aid office to learn about financial aid programs.

Look for scholarships aimed specifically at kids who learn and think differently.

When searching for financial aid, cast a wide net.

About the author

About the author

The Understood Team is made up of passionate writers and editors. Many of them have kids who learn and think differently.

Reviewed by

Reviewed by

Sheldon H. Horowitz, EdD is senior director of learning resources and research at the National Center for Learning Disabilities.

# data[].attributes.attachment_link.title
College Financial Aid for Students With Learning Disabilities | Scholarships for LD

# data[].attributes.attachment_link.description
Loans and scholarships are available through federal, state, and private programs. Some financial aid programs are just for kids who learn and think differently. There's also financial aid that rewards specific talents and accomplishments. It's not a secret that college can cost a small fortune.

# data[].attributes.attachment_link.readable_text
If you dropped out of high school or are considering dropping out, there are other ways to earn credentials that are considered equal to a high school diploma. A High School Equivalency Diploma (HSED) is one option that you might consider as an alternative to a GED or traditional high school diploma.

I'll give you the details on what a High School Equivalency Diploma is, how you can get one, and how to decide if it's the right choice for your situation.

What Is a High School Equivalency Diploma?

An HSED is considered equivalent to a regular high school diploma, but you can earn it at a later date after dropping out of high school. Most professional jobs require at least a high school diploma, so it will almost certainly benefit your career if you go through an HSED program.

Employers, colleges, and certain branches of the military may prefer the HSED over the GED because the HSED's requirements are more extensive. This relates to one potential downside of the HSED: you will most likely have to take more classes or tests (as compared to the GED) to get it. If you've earned Social Studies and Health credits in the past; however, it may be very simple to get these requirements out of the way.

Why Would You Want to Get Your High School Equivalency Diploma?

The HSED is a good option for students who haven't had the chance to earn a traditional high school diploma. It's accepted by most employers and colleges as a substitute for a high school diploma, so it will give you more opportunities in your career and education.

The difference between an HSED and a GED is not hugely significant, but there are cases where the HSED is preferred. Though both credentials are technically the same, a GED only indicates that you've passed a test, whereas an HSED indicates that you've passed a test and completed some other coursework.

The HSED is also technically equivalent to a regular high school diploma, but in practice, most employers and colleges prefer the traditional diploma. If you still have the opportunity to go back and complete your course of study in high school (in most states you can do this if you're under 20), I would recommend that you do so instead of earning an HSED or GED.

A regular high school diploma is more highly respected because it indicates that you were able to persevere through long-term assignments as opposed to just being able to pass a test and complete a few additional requirements. Still, if going back to high school isn't an option for you, an HSED is the next best thing.
Thanks, creepy 1950s-style children!
What Are the Requirements for a High School Equivalency Diploma?

In certain states, you will need to take the HiSET or High School Equivalency Test to show that you have mastered the skills necessary to earn your diploma. The test is comprised of five smaller subtests that range from 65 minutes to 2 hours in length:

Language Arts-Reading (40 multiple-choice questions)

Language Arts-Writing (50 multiple-choice questions and an essay)

Mathematics (50 multiple-choice questions)

Science (50 multiple-choice questions)

Social Studies (50 multiple-choice questions)

The HiSET is offered in English and Spanish, and accommodations are available for test-takers with disabilities upon request. States offering the HiSET include California, Iowa, Louisiana, Massachusetts, Maine, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Tennessee, and Wyoming.

In states where the HiSET is not offered, you will need to take the General Educational Development (GED) test as one of the requirements for earning your HSED. This test has four subjects: Reasoning Through Language Arts, Mathematical Reasoning, Science, and Social Studies.

There is one essay question in the Reading Through Language Arts section and one in the Social Studies section, along with two short answer questions in the Science section. The rest of the questions are multiple choice.

The content of the test was recently updated in 2014 to incorporate more textual analysis and specific mathematical and writing skills. You can read more about the changes here. Both the HiSET and the GED tests are taken on the computer rather than as pencil and paper exams.

An HSED is different from a GED certificate because it has a couple of extra requirements. To earn an HSED, you will need to fulfill requirements in the subjects of health, civic literacy, and employability skills in addition to taking a core subject exam like the HiSET or GED test.

The requirements for health and civics can be satisfied by passing two untimed exams, by showing that you've earned 0.5 Health credits and 3 Social Studies credits in the past, or by passing a 30-hour course in each subject.

If you can provide proof of credits in the form of a high school transcript, you won't need to take the extra tests or classes. For the employability skills requirement, you will have to create a resume and participate in a course that will help you come up with a career plan.

Different states have varying eligibility requirements for students hoping to earn a High School Equivalency Diploma. You must be at least 16 to take either the GED or the HiSET; in some states, the minimum age is 17. You also can't be currently enrolled in high school and must meet your state's requirements for the amount of time you've been out of school.
If you learned about these dudes at some point in high school, you might be able to get out of the Social Studies requirement.
In California, for example, if you're only 17 and you want to take the HiSET, you must have been out of high school for at least 60 consecutive days and provide a letter of request from the military, a postsecondary institution, or a potential employer. Consult this page for state-by-state HiSET eligibility requirements and this page for links to state GED test eligibility requirements.

Should You Try to Get Your HSED?

There are a couple of things you should consider before deciding to get your HSED:

Can You Still Go Back to High School?

First of all, are you young enough that going back to high school is an option? Different states have different policies, but typically if you're under the age of 20, you can still re-enroll in high school. Overall, it's better to get a regular high school diploma than an HSED or a GED. If it's at all possible for you to return to high school, you should seriously consider doing so.

What Are Your Career and Educational Goals?
In some cases, you might want to break ground in the job world before going after your HSED.
The purpose of earning an HSED is to increase your potential in the job world and possibly attend college. In almost any career field, it's vital or at least beneficial to have a high school diploma. If you hope to go to college, it's essential. Still, before you earn an HSED, you should start investigating what you want to do or where you want to go to college.

You may need to consider other requirements, and you might decide to wait a bit before starting an HSED program, depending on your current financial situation and the steps you need to take to fulfill your goals. If you have career goals that don't require a high school diploma for entry-level positions, you could decide to get some work experience under your belt first and earn an HSED at a later date.

How Can You Find an HSED Program? Will It Cost Money?
The HiSET and the GED tests cost some money, but these stacks of ones would probably cover both of them.
HSED tests and courses can be found at many community colleges and adult education centers all over the country. For the HiSET, you can schedule a testing date through your online account or by calling ETS customer service at 1-855-MyHiSET (1-855-694-4738). Use this link to search for HiSET test centers near you.

If your state is not on the list of states that offer the HiSET, you will be taking the GED test to fulfill HSED requirements instead. You can call 1-800-62-MYGED (800-626-9433) for a referral to prep programs and testing sites near you, along with a practice test and an informational brochure. Courses are free, although you will have to pay a fee to take the exams. The total cost is $145 for the GED test if you don't have to retake any subtests. Retakes are $10 for each of the core subject tests and $5 for the health and civics tests.

The HiSET is typically slightly less expensive, but fees vary by state. Again, check the page on eligibility requirements for more information about how much the HiSET costs in each state. Get in touch with your state's contact person for the GED or with ETS Customer Service for the HiSET if you have any additional questions about the tests and courses that make up the program and where you can take them.

What's Next?

Is the GED a better fit for your needs? Learn how to get your GED online here. We also have a collection of the best GED practice tests for you to use in your studying.

You don't necessarily have to earn a stellar GPA in high school to get into college. Take a look at our list of the best colleges with low GPA requirements.

If you're hoping to attend college but are unsure how to begin the search process, check out this step by step guide for doing college research.

Students who earn an HSED or GED may choose to attend community college for a year or two and then transfer to a four-year college. Read our complete guide to transferring colleges to learn more about this process.

Want to improve your SAT score by 160 points or your ACT score by 4 points? We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:

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What Is a High School Equivalency Diploma? How to Get Yours

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If you dropped out of high school or are considering dropping out, there are other ways to earn credentials that are considered equal to a high school diploma. A High School Equivalency Diploma (HSED) is one option that you might consider as an alternative to a GED or traditional high school diploma.

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WE ARE NOW ACCEPTING APPLICATIONS

Mission Statement: To create meaningful experiences for students with intellectual and developmental disabilities by maximizing opportunities to prepare them to become self-determined and autonomous adults.

Career and Community Studies (CCS) is a college-based, non-degree transitional program that prepares students with intellectual and developmental disabilities for adult life through academic pursuits, peer socialization, and career discovery and preparation. The program integrates inclusive classes, a typical college experience, and a transition curriculum to assist students in achieving adult roles and a quality of life in a community of their choice. The CCS program is for students who have completed high school requirements and be at least 18 years of age.

The first year of the program is designed as a foundation with courses covering disability issues, personal development, health and wellness, and preparing for a rigorous college experience. Year two allows students to extend their knowledge and skills in participating in college-level courses and other campus environments. The last two years focus on career-field specialization with courses in independent living, life-long learning competencies, and career development and employment, as well as internships in the community where students apply their learning in jobs of choice.

Video directed and shot by Hannah Park.

Video directed and shot by Anna Katsas.

The Career & Community Studies Program (CCS) is excited to offer two new two-year programs for students with intellectual and developmental disabilities or autism. These programs are currently available as non-degree coursework, and require 60 credits to graduate.
Learn more about 2-year Programs

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Career & Community Studies College of Education, Health and Human Services | WE ARE NOW ACCEPTING APPLICATIONS Mission Statement: To create meaningful experiences for students with intellectual and developmental disabilities by maximizing opportunities to prepare them to become self-determined and autonomous adults.

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HSE (High School Equivalency) Preparation Centers | Ohio Department of Education

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If you are 16 or 17 years old, you need to submit a copy of the current withdrawal form signed by your administrator and a consent form signed and notarized by a parent, guardian, or court official. Copies of guardianship or court documents must be included. You can obtain your forms here .

If you are 18 years old, you are required to send a copy of the current year withdrawal form signed by your administrator.

Please send all forms to:

Ohio Department of Education

State Of Ohio GED Office

25 S. Front Street, MS 622

Columbus, OH 43215

For those testing on the Online Exam:

A parent or guardian must be present at the pre-test check-in to give consent and authorize the underage tester to be recorded during testing. If the parent or guardian is not present, the exam session will be revoked.

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If you are 16 or 17 years old, you need to submit a copy of the current withdrawal form signed by your administrator and a consent form signed and notarized by a parent, guardian, or court official. Copies of guardianship or court documents must be included. You can obtain your forms here .

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Prep with the experts through online GED® classes: GED Live™

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GED Live online classes offer the flexibility of e-learning and the expertise of top-rated Kaplan instructors. All four GED test subjects are available: Math, Science, Language Arts and Social Studies.

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The Ohio Department of Medicaid (ODM) is Ohio's first Executive-level Medicaid agency. With a network of approximately 90,000 active providers, ODM delivers health care coverage to more than 3 million residents of Ohio on a daily basis.

Working closely with stakeholders, advocates, medical professionals, and fellow state agencies, the agency continues to find new ways to modernize Medicaid in Ohio.

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The Ohio Department of Medicaid (ODM) is Ohio's first Executive-level Medicaid agency. With a network of approximately 90,000 active providers, ODM delivers health care coverage to more than 3 million residents of Ohio on a daily basis. Working closely with stakeholders, advocates, medical professionals, and fellow state agencies, the agency continues to find new ways to modernize Medicaid in Ohio.

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Open Enrollment is here! Act by Dec 15 for coverage starting Jan 1

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Open Enrollment is here! Act by Dec 15 for coverage starting Jan 1

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Insurance options can be a difficult thing to navigate for adults, let alone young people experiencing significant hardship. Don't assume that you can't get health care if you have limited resources or lack family support. Options are available for young people to receive essential health coverage, often for free or low cost ― even if you can't get health insurance from your family.

This guide can help you or a loved one find the health care you need as easily as possible. Learn what types of health insurance are available to vulnerable youth, who qualifies, and what coverage includes, along with resources where you can get help.

What You Should Know About Health Insurance Options for At-risk, Homeless, and Vulnerable Youth

Low- or no-cost health coverage is available: If you're not on a parent's health insurance policy, you have options for coverage, including Medicaid, Children's Health Insurance Program (CHIP), and the Health Insurance Marketplace.

Navigators can help: Getting qualified for health care coverage may feel overwhelming, but health care navigators can help you identify options, apply, and use your coverage.

Essential care is covered: Health insurance through Medicaid, CHIP, and the Health Insurance Marketplace must conform to ACA standards to cover essential health services, including preventive care and pregnancy.

Can Vulnerable Youth Get Health Insurance?

If your access to health insurance is limited due to poverty, homelessness, or other challenging life circumstances, you are eligible for low-cost or no-cost coverage. However, getting access to health care can feel daunting.

"Determining eligibility for health insurance programs can be complicated," acknowledges Meghan Kimmel, president of Portico Healthnet, a Minnesota-based organization that helps uninsured individuals and families access affordable coverage and care by navigating the health care system.

Considerations that impact youth eligibility for health care coverage include:

Age

Who you live with

How much money you or your parents make

Tax dependency status

Immigration status, if applicable

Are you not sure how to get connected with health insurance for homeless and at-risk youth? Ask for help. "The best option is to find a navigator to help with the options and the application," Kimmel says.

Health insurance from a parent or guardian

Until you turn age 26, you can stay on your family's health insurance plan. Staying on a family plan is possible even if:

You don't stay in close contact

You don't live at home

You're pregnant or parenting

You have a job

If you cannot, for any reason, get health insurance from a parent's plan, know you have options. You should and can access low-cost or no-cost coverage through Medicaid and CHIP through the Centers for Medicare & Medicaid Services (CMS) and the Health Insurance Marketplace.

Getting Health Insurance as a Vulnerable Youth

There are three main health insurance programs available for vulnerable young adults, including:

"State and federal governments have established options for youth to access insurance," Kimmel explains.

Medicaid and CHIP for At-risk Youth

Medicaid for at-risk youth offers essential health coverage to qualifying applicants, including preventive care, prescriptions, reproductive health, and mental health services. Medicaid is available if you're an inmate of a public institution.

CHIP is the Medicaid program for uninsured families and children - including vulnerable and at-risk young adults - with limited financial resources who do not meet the Federal Poverty Level (FPL) or other qualifications Medicaid requires. It provides essential health coverage, including dental and vision.
Qualifying for Medicaid or CHIP
Qualification depends on age, income, household size, and state of residence. You can be eligible for Medicaid if you're under the age of 19 and earn less than 133% of the Federal Poverty Level (FPL) annually.

If you exceed the Medicaid income level, you may qualify for CHIP depending on your state's eligibility requirements. Like most health insurance coverage, eligibility varies by state. However, you can refer to the Medicaid and CHIP Eligibility Levels fact sheet for guidance or connect with a health insurance navigator near you who will walk you through the entire process.

If you're age 19 or older, you can access Medicaid and CHIP in states with expanded coverage, or if you are under age 26, aged out of the foster system, and were enrolled in Medicaid while in foster care. Youth who are pregnant, parenting, or who have a disability also qualify for Medicaid coverage.
Applying for Medicaid or CHIP
You can apply for Medicaid or CHIP with a health insurance navigator or by visiting Healthcare.gov. When you fill out your income status, the marketplace automatically directs qualifying applicants to the state Medicaid agency. If you don't have a permanent address, Medicaid advises using an assister's - someone helping you fill out the application -, trusted friend's, or service provider's address.

You can enroll in Medicaid or CHIP at any time as there is no specified enrollment period.

Federal and State Health Insurance Marketplaces for At-risk Youth

The Health Insurance Marketplace is essentially a coverage aggregator where anyone can search for health insurance to suit their needs. Filling out the initial information at Healthccare.gov will direct you to Medicaid if your situation qualifies you for it or to low or no-cost coverages available through the marketplace with discounts or credits.

The Health Insurance Marketplace and state health insurance exchanges provide affordable coverage for vulnerable youth, including young adults:

Experiencing or at risk of homelessness

In the foster system currently or previously

Pregnant and parenting

Living significantly under the federal poverty level

With disabilities

You can get health insurance as a young person even if your parents or guardians do not have coverage.
Qualifying for a marketplace plan
If you don't qualify for Medicaid or CHIP, you can still access low-cost coverage through the Health Insurance Marketplace. You can get a subsidy that pays for some of your monthly health insurance premium through the marketplace if you have a household income between 100% and 400% of the FPL.
Applying for a marketplace plan
Visit Healthcare.gov to start an application. You'll fill out personal information, including your name, age, Social Security number, and income. Once you apply, you'll find out how much of a subsidy you qualify for and can compare and sign up for available plans.

"There are many options available to youth, often at no or low-cost to them or their families," Kimmel says. "I urge anyone knowing or working with a vulnerable youth or their family to reach out to a navigator for help."

What Do Health Insurance Programs for Vulnerable Youth Cover?

Health insurance coverage for at-risk youth depends on the state. Still, as Kimmel says, "All include the essential health benefits required through the Affordable Care Act, such as preventive care and prescription drugs."

Specifically, the ACA requires that Marketplace plans offer "essential health benefits" that include:

Diagnostic tests

Hospital visits

Mental health and substance use disorder treatment

Prescription drugs

Preventive and wellness services, including reproductive health

Rehabilitative services

Surgical procedures

Traditional health and health services like primary care and specialist visits

Medicaid and CHIP benefits for at-risk youth are outlined in states' program plans. However, there are some variances.

If you are under age 21, Medicaid is required to be "comprehensive" and include the above benefits. Otherwise, Medicaid and CHIP must include primary care and specialty visits, hospital and outpatient care, lab and X-ray services, family planning, and other services defined as mental health, prescription drugs, and substance abuse counseling.

If you are age 21 or older, those "other services" depend on the state in which you live and are not guaranteed.

What's important to know is that even if you're homeless, have a disability, or are pregnant, you can access the essential health care coverage you need.

Get Help Finding Health Insurance

Identifying programs, understanding eligibility, and applying for and using your health insurance can be difficult, especially if you're not used to advocating for yourself. You can get help from a health insurance navigator: a trained individual or organization that helps you look for health insurance you can afford.

Navigators not only identify the coverage you can qualify for; they also help with the application process. Application support can be beneficial for removing barriers if you don't have internet access. Navigators tend to be multilingual, so you can get assistance in your language if you do not speak English. A navigator can also help you understand how to utilize health insurance plans best and act as trusted advisers throughout the entire journey.

It's free to work with a health insurance navigator. They are unbiased and not affiliated with agents or brokers, so they're working in your best interest to find health coverage that works for you.

"[Health insurance navigators] are committed to increasing the number of people with health care coverage," Kimmel explains, noting that navigators are industry experts and often compassionate individuals.

To find a health insurance navigator, you can visit LocalHelp.Healthcare.gov. Enter your city, state, or ZIP code to find results or call (800) 318-2596 or TTY at (855) 889-4325. Someone will pick up the phone 24 hours a day, seven days a week.

Do you want more information on low- or no-cost health insurance for vulnerable youth? Get help from these resources:

Insurance and health care consultant

Tammy Burns is an experienced health insurance advisor. She earned her nursing degree in 1990 from Jacksonville State University, obtained her insurance billing and coding certification in 1995, and holds a health and life insurance license in Alabama, Georgia, Iowa, Mississippi, and Tennessee. Burns is Affordable Care Act (ACA)-certified for health insurance and other ancillary, life, and annuity products. She maintains an active nursing license and practices private-duty nursing.

Burns' background as a nurse, insurance biller and coder, and insurance consultant includes infectious disease, oncology, gynecology, phlebotomy, post operative, family medicine, geriatrics, home health, hospice, human resources, management, billing, coding, claims, fixed annuities, group and individual health and life products, and Medicare. She's always been driven by a desire to help people, spending more than 25 years as a practicing nurse in hospitals, private doctors' offices, home health, and hospice. As a nurse, Burns supported patients filing insurance claims with Medicare, Medicaid, and private insurance companies as well as responding to billing questions from confused patients.

Seeing firsthand how unsuspecting patients are frequently confused by an overly complex system they don't understand led Burns to become an insurance agent and health care consultant, now helping people understand the medical system. Since becoming an insurance agent in 2013, she has worked with some of the largest and most reputable insurance carriers and agencies in the nation, and she has built a large and loyal clientele by way of her commitment to transparency and personalized service.

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Health Insurance Options for At-risk, Homeless, and Vulnerable Youth | Affordable Health Insurance

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Insurance options can be a difficult thing to navigate for adults, let alone young people experiencing significant hardship. Don't assume that you can't get health care if you have limited resources or lack family support. Options are available for young people to receive essential health coverage, often for free or low cost ― even if you can't get health insurance from your family.

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All Transit Agencies & Local Links, by County & City

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All Transit Agencies & Local Links, by County & City

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Larger Transit Agencies All Transit Agencies & Local Links, by County & City Rail Ferry Statewide, Intercity, & Regional To add, change, or delete your site, please email the web address of your site, as well as the name of your organization and your contact information to

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Ohio Driving Schools for Disabilities by County

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Ohio Driving Schools for Disabilities by County

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Find a Driving School

To find a driving school in your area make a selection of the type of driving school or course from the drop down box and select the county. For some types of driving schools or courses, the county selection will not be available. Click on search to find your results.

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To find a driving school in your area make a selection of the type of driving school or course from the drop down box and select the county. For some types of driving schools or courses, the county selection will not be available. Click on search to find your results.

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Learning to drive can be difficult for many teenagers especially if they reside in a high traffic area. It can be equally stressful for parents who are teaching their teens with specific learning disabilities. These disabilities can include processing delays, perceptual difficulties, memory, executive function disorders or ADHD, which can compound the challenge. But that doesn't mean it can't be done. With a little planning, time and a lot of patience your teen can learn to drive and gain the independence that many teens crave and need to be successful on their own.
Is your teen ready?

Although your teen may look physically ready to drive that does not mean they are emotionally ready. Assessing their desire to drive is also important. Many teens expect to get their license shortly after the required age, while others don't mind putting it off a little longer. Remember it is okay to delay learning to drive if your teen isn't ready.

Should we seek help?

A professional driving school can be a good option for many parents and teens. If you as the parent are nervous teaching your teen to drive you may want to seriously consider a driving school. Showing your anxiety while in the car with them may cause some tense moments between you and your teen which could impact their ability to process directions. In this case, supervision by a teacher in a dual-controlled car with a brake and extra hours of instruction can help ease your tension as well as make the difference between success and failure for your teen. It is important to discuss your teen's needs with the instructor before you register so they are aware and you know you have the right fit. Some negatives to a professional driving school might be the amount of in-class reading and frequent tests making it difficult for some who struggle in this area. Group settings with peer pressure might also be difficult for some teens. However, a bonus to driving schools -besides less pressure on you as the parent- is that attendance can help reduce insurance rates. Ask your insurance company to find out more. Driving programs differ, so check out a few and decide which one will fit your teen best.

Online driving courses can also be an option. Many states offer these courses. Be aware that there can be a completion timeframe. So your teen needs to be diligently working on the course to finish within the deadline. Supervision by a parent frequently is needed to make sure scenarios are well understood. Sharing your own experiences with your teen while reading the text can also be helpful. Since each course is different you may want to research the readability of print offered, (maybe it can be read to them), types of quizzes, number of quizzes, etc. Actual road driving is also needed to fulfill the requirements of a learners permit.

Simulation training programs are another option to prepare new drivers for circumstances they may meet on the road. The bonus of these programs is that they are accomplished in the safety of a simulated environment. One such program created by AAA Foundation for Traffic Safety is Driver-Zed. This program can be experienced by driving on your own PC! The site advertises, "Full-screen, full-motion, real-life interactive video puts you in the driver's seat! You'll use your eyes and brain to spot trouble before it happens. Spot all the risks and handle them right, and you'll score a perfect ZERO, as in Zero Errors Driving (ZED)." You can obtain more information on their website, http://www.driverzed.org/home/?CFID=296688&CFTOKEN=44604633

State Farm offers a program called Road Aware that can be accessed on their website, www.teendriving.statefarm.com/road-aware#. A web-based training program that simulates hazards in the driving environment, Road Aware® provides teens with experience in recognizing and anticipating common driving hazards that they might not otherwise see. And it allows teens to make mistakes and learn from them without putting them or anyone else on the road at risk. http://www.driverzed.org/home/?CFID=296688&CFTOKEN=44604633

Ready to hand over the keys?

So you and your teen have decided that they are ready to learn to drive. Psychologist Russell Barkley's model of driving states that there are three levels of skills needed to be a safe and effective driver.

Level 1: Operational competency: This refers to the basic skills of driving such as braking, scanning for hazards, motor coordination and reaction time.
Level 2: Tactical competency: This refers to the skills needed to make decisions about driving a vehicle in traffic such as yielding, regulating speed and deciding when to pass a vehicle.
Level 3: Strategic competency: This refers to the skills needed to make decisions about making a trip and using the car, such as deciding on the best time of day for a trip, whether it's okay to drive in a light snowstorm, or whether one is too sleepy to drive.

If your teen driver is impaired in any of these levels of competency they might be at risk for unsafe driving behaviors, in which case you may want to delay handing over the keys. This includes anyone with significant inattentiveness, impulsivity, emotional regulation difficulties, atypical observational skills, decreased self-awareness, etc. Knowing what skills they need to accomplish before receiving their driver's license will be important before handing over the keys.

How involved should a parent be?

State Farm and The Children's Hospital of Philadelphia (CHOP) have gathered information on teen statics and driving behavior research in a collaborative handbook. One interesting observation in this report states, "Parenting style can affect teens' crash risk." Teens who say their parents set rules and monitor where they are going and with whom in a helpful, supportive way are half as likely to be in a crash and 71 percent less likely to drive intoxicated than teens who describe their parents as less involved (offer little support, do not set rules or monitor)." It also states:

Support alone isn't good enough when it comes to driving safety. Teens need rules and follow-through. Teens who describe their parents as permissive do not significantly differ in crash risk or safety belt use from those teens who view their parents as uninvolved.

Parents who monitor and set appropriate rules in a supportive way protect their teens. Authoritarian parents do provide a protective effect on safety. But authoritative parents have a significantly higher effect on safety.

It's about safety, not control.

Setting and enforcing rules and monitoring teens' driving habits are most effective in reducing crash risk when teens understand that these limits are in place because their parents care about them and want them to be safe.

Ready for the road, now what?

The State Farm/CHOP suggests in their report three levels of independence:

Level one (0 to 6 months): Drive only during daytime.

Level two (6 to 12 months): Extends driving time through the evening hours.

Level three (12 to 18 months): Drive freely while following agreed upon rules.

Setting some rules on how to get the keys and keep them can be useful for new teen drivers especially for those who need more structure. Have your teen driver keep a log of driving experience. Entries include medication (if prescribed), destination, route/miles, contact name and phone number, starting time and ending time of drive and odometer reading. They must also follow the Everyday Rules:

Take medication as prescribed.

Fill out the log every trip.

While driving:

Keep music low

Use preset radio stations only

No eating

No texting or mobile phone use

No other teens in the car

Absolutely NO alcohol or other intoxicants

What are the next steps for your teen driver to be independent on the road?

New drivers and their parents enter into a contract that spells out their responsibilities. Teens are responsible for accepting LD/ADHD as a neurobehavioral disorder that affects driving. Directional issues, perception problems and other issues are affected by their disorder.

Teens agree to abide by the driving rules, and must understand that they can move to the next level only when they succeed for six months in a row at their current level.

Parents agree to driving privileges if rules are followed.

Parents and teens also agree that parents have the responsibility to check the accuracy of the teen's driving log, to find whether rules were followed and if not, to give appropriate consequences including loss of driving privileges.

Practice, practice, practice! And more practice. Having an experienced adult driver in the car to help them navigate stressful situations will be instrumental when your teen is finally on the road without an adult to instruct them. If you as the parent do not feel comfortable that your teen driver has not mastered the skill levels-Operational, Tactical and Strategic Competency-suggested by Dr. Russell Barkley do not hand over the keys and practice some more.

Learning to drive and gaining that independence can be very rewarding for your teen. So is it risky business or worth the risk? Giving them tools for success will help them be a responsible driver and will be worth the risk for most parents and teens.
Author: Beth McGaw, M.Ed. is a parent of three boys, two of whom were taught to be successful independent teen drivers with a few mishaps along the way. Her third son has learning challenges that has delayed obtaining his drivers license, but with a little more time and instruction, he too will have that independence, leaving mom with a few more gray hairs but more independence herself. Beth is also an active member and volunteer of LDA, and currently serves on the LDA board of directors and is founder of the nonprofit online resource, Kids Enabled.
Additional Resources:

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The LD/ADHD Teen Driver: Risky Business or Worth the Risk?

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Learning to drive can be difficult for many teenagers especially if they reside in a high traffic area. It can be equally stressful for parents who are teaching their teens with specific learning disabilities. These disabilities can include processing delays, perceptual difficulties, memory, executive function disorders or ADHD, which can compound the challenge.

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For people with Autism, driving may seem out of reach. Our program helps someone with ASD go through all of the steps to safely drive on their own

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For high-functioning autistic individuals who do not have severe intellectual disabilities, getting a driver's license is an achievable and realistic goal.

Autistic individuals and their families work together with other professionals to determine the individual's readiness for driving. If the individual is ready and motivated to learn, a supportive family can help make the goal of becoming a licensed driver a reality.

Many teens and young adults with autism express interest in learning to drive.

According to the Children's Hospital of Philadelphia, almost two-thirds of adolescents with high-functioning autism spectrum disorder (ASD) currently drive or would like to learn how to drive. One in three adolescents with ASD who do not have an intellectual disability obtain their driver's license by the age of 21, and most do it around the age of 17 when their same-aged neurotypical peers usually do.

Autism presents with unique challenges that can impact how someone learns to drive, but it does not make it impossible. With reasonable accommodations, teens and young adults with autism can successfully learn to drive safely.

Challenges that autistic individuals without intellectual disability face that can impact driving ability include impairments in:

The above skills are all important for safe driving. Autism can affect one's ability to make quick decisions and process all of the information that comes with driving on the road, but it can also improve other driving skills, such as the ability to obey traffic laws.

One recent study found that men with autism may exhibit slower hazard detection times on the road. Another study, however, found that teens with high-functioning ASD were less likely to get into car accidents than teens from the general population.

Like anyone learning to drive, autistic individuals must take special care in learning the rules of the road and how to safely operate a vehicle. Sometimes, extra attention to certain driving-related skills is needed to offset some of the difficulties presented by autism.

For autistic individuals, the decision to learn to drive is often a family decision. Getting a driver's license offers a certain level of freedom to get around on one's own, and it is a rite of passage for many young adults.

The discussion about driving readiness should include your developmental pediatrician or primary care physician and any other important members of your treatment team, such as occupational therapists, behavior therapists, counselors, and school staff members who contribute to an Individualized Education Plan.

Driver rehabilitation specialists who specialize or have training on working with people with special needs can also be consulted prior to starting lessons. They can provide behind-the-wheel lessons when the student is ready.

Ultimately, determining readiness to learn to drive is a personal and family decision. It also depends on the individual's interest in learning to drive. If an autistic individual doesn't have a desire to drive, there is little reason to embark on the endeavor.

Consider these questions in order to determine driving readiness:

Does the individual consistently exhibit good judgment and maturity?

Is the individual receptive to instruction and constructive criticism?

Does the individual demonstrate knowledge of the rules of the road and what is covered in driver education classes?

Is the individual up for practicing driving with a skilled and licensed adult?

Is there a licensed adult who is willing to practice with the individual?

Does the individual have any medical or behavioral conditions that could inhibit safe driving?

Are there any medical interventions, such as medication for ADHD, that are needed to promote safe driving?

Although there is a minimum age in each state for when you are allowed to get your driver's license, it does not mean that you have to get it as soon as you turn 16 or 17. You may be ready to start learning to drive now, or you may feel more prepared to start learning in a few years' time. An open conversation with your family and support team will help you determine when it is the right time for you to start learning to drive.

If you and your family have determined that you are ready to learn to drive, there are many resources available to assist you, including many online driving resources.

Information on driving basics, how to determine if you are a safe driver, how to get your license, and more can be found at the following sites:

TeenDriving.com: This site covers information about driver's education options, driving for the first time, the driving tests, how to gain experience, and graduated license programs. It also includes a list of questions to help you assess if you are a safe driver or not.

DriversEd.com: This site offers online courses that teach driver's education for teens and adults, as well as in-car driving lessons, traffic school, practice permit tests, and DMV information.

Driving Tests: Free practice tests, as well as tests to purchase, are offered at this site to help you study for and pass your DMV exams.

Virtual Drive USA: This site offers you a way to complete your driver's education requirements online. Courses are taken online at your own pace. Additional study guides are available to help you pass the learner's permit test.

When researching driving schools, it can be beneficial to find a school that specializes in working with individuals with autism or other developmental disabilities. Here is a selection of driving schools that specialize in teaching autistic students how to drive:

Further research into driving schools in your area will help you find a program that best fits your needs. As prevalence rates and awareness of autism are growing, programs across the country are expanding their services to meet the needs of this unique population. When you reach out to a driving program, first ask if they offer any specialized programs for individuals with autism or other developmental disabilities.

If you have a child with autism who has expressed interest in learning how to drive, it is important for you to know that they can do it. Learning to drive is an important step in the transition to adulthood for many adolescents.

Young adults, with and without autism, have personal, social, and employment-related reasons for wanting to learn to drive. For autistic individuals, it's essential that their support team is fully on board with them learning to drive. Consult with your child's doctors and therapists before to embarking on this journey.

The process of teaching any teen or young adult to drive can be stressful. Parents of autistic children may face additional challenges in this process. Here are some tips for parents of an autistic child who is learning to drive:

Be patient. Your child won't be a good driver their first time behind the wheel. Don't expect too much too soon.

Allow your student driver to make mistakes. This is part of the learning process. Resist the urge to draw conclusions on their ability early on.

Start slow and build upon skills as they improve. The process of learning to drive will take a while. Don't give all the needed information in the first lesson.

Break skills down into individual steps. Keep your language clear and concise. Take larger concepts and explain them in small steps.

Practice a lot. Repetition of skills is important. Even if it seems they have something down, repeat it regularly.

Go over verbal and visual information prior to driving. Talk through things before starting the practical part of the lesson.

Encourage your child to practice. Driving simulation games are a great, safe way for new drivers to practice. They can hone driving-related skills, like fine motor skills and reaction times.

The most important thing when teaching your autistic child to drive is to allow the learning to happen at their pace. Always stay calm, and do not worry if it takes your child longer than you think it should for them to learn a new skill. It's tough to see progress on a daily basis, but if you look at the growth over weeks or months, you'll see they have come a long way.

There is no timeline for how long it should take to learn to drive. Let your child's motivation drive the learning process and do your best to support them along the way.

Teaching your child to drive can be challenging, to say the least, especially if they have special needs. Fortunately, there are many resources available for parents who are teaching their children to drive.

The Centers for Disease Control and Prevention (CDC) provides a resource page for parents that covers many topics, including:

The eight danger zones of driving.

Enforcing your state's teen driving laws.

Creating a parent-teen driving agreement.

Sharing what you have learned with your children and other parents.

The American Academy of Pediatrics (AAP) also offers resources for parents to promote safe teen driving. Resources available through the AAP California chapter include:

Tips for keeping your teen driver safe.

Useful websites about learning to drive and traffic safety.

Helpful printouts, such as parent-teen training guides.

The Children's Hospital of Philadelphia offers a range of autism-specific resources for teaching your child to drive. The Teen Driver Source program operated by the hospital provides helpful resources that include:

There are no laws that prohibit individuals with autism from learning to drive, explains the Autism Society. The most important issue for everyone is safety.

Determining when someone with autism is ready to drive depends on many factors, such as interest in driving, ability to multitask, personal judgment, and maturity level. Again, it's wise to consult with your child's care team before making a decision on readiness.

Learning to drive can be challenging and stressful for anyone, but with the right supports in place, it can be a positive and rewarding experience for people with autism.

Driving. Autism Society.

How to Navigate the Topic of Driving With Autism. (January 2020). Autism Spectrum News.

Teen With Autism Reluctant to Drive: Should This Parent Push? (September 2018). Autism Speaks.

Driving With Autism: What You Should Be Aware Of. (April 2018). KUTV.

Many Young People With Autism Can Become Safe Drivers: Study. (June 2018). HealthDay.

Learning to Drive With Autism Spectrum Disorders (ASD). Children's Hospital of Philadelphia.

Questions to Consider When Determining Driving Readiness. (May 2020). Children's Hospital of Philadelphia: Center for Autism Research.

Learning to Drive as Someone on the Autism Spectrum. (July 2016). The Mighty.

Resources for Parents. (October 2016). Centers for Disease Control and Prevention.

How to Best Prepare Your Child With Autism to Drive. Autism Parenting Magazine.

Getting Started. TeenDriving.com.

Drivers Ed Done Right. DriversEd.com.

How It Works. Driving Tests.

Practice Drivers License Test Online. Virtual Drive.

Autism Spectrum Disorder. Modern Driver Institute.

Autism Spectrum Disorder Driving Program. Maxwell Driving.

Driving With Autism Spectrum Disorder. The Next Street.

Our Six Services. Colonial Driving School.

Autism and Driving. Knepler Driving School.

Parent-Supervised Driving Lesson Plans. Children's Hospital of Philadelphia.

Driving Basics. Children's Hospital of Philadelphia.

Scoping Review of the Driving Behaviour of and Driver Training Programs for People on the Autism Spectrum. (February 2018). Behavioural Neurology.

Driving With Autism Initiative. Office of the Texas Governor.

Parental Support Is Key When Adolescents With Autism Want to Learn to Drive. (June 2018). Children's Hospital of Philadelphia.

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Driving Resources for Autistic Individuals (& How to Teach Them)

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For high-functioning autistic individuals who do not have severe intellectual disabilities, getting a driver's license is an achievable and realistic goal. Autistic individuals and their families work together with other professionals to determine the individual's readiness for driving. If the individual is ready and motivated to learn, a supportive family can help make the goal of becoming a licensed driver a reality.

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LEADS LAW (protecting drivers with communication disabilities)

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LEADS LAW (protecting drivers with communication disabilities)

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Any individual with a medically diagnosed communication disability, who drives or regularly has someone with a communication disability in their vehicle, can voluntarily enroll in a database that connects to the Law Enforcement Agencies Data System (LEADS). The law enforcement officer can then be made aware that the driver or a person in the vehicle may have difficulty communicating and can approach the vehicle with awareness to reduce any potential misunderstandings or problems.

Individuals who are interested in self-identifying can complete a Verification Form and take the completed Verification Form to their licensed medical practitioner who can validate the individual has a communication disability.
Verification Forms can be mailed to:
Ohio Bureau of Motor Vehicles
Attention: Remittance/DPU
P.O. Box 16521
Columbus, Ohio 43216-6521

Completed applications can also be e-mailed to VIS-Administration@dps.ohio.gov or hand delivered to any Deputy Registrar (BMV).

For more information, visit Frequently Asked Questions or call 614-438-1203 or 1-800-282-4536, extension 1203.
Watch an Informational Video
To learn more, watch a six-minute informational video.

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Any individual with a medically diagnosed communication disability, who drives or regularly has someone with a communication disability in their vehicle, can voluntarily enroll in a database that connects to the Law Enforcement Agencies Data System (LEADS).

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ResumeBuilder.com Tools for those with disabilities

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ResumeBuilder.com Tools for those with disabilities

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According to the Social Security Administration, there are over 8 million disabled workers in the United States. These workers often face challenges such as stereotyping, discrimination, and a lack of accomodations. Thankfully, there are a variety of legal protections and employment resources available that help people with disabilities overcome these challenges and advance their careers.

Below, we'll go over best practices for resume writing, laws that protect you from discrimination, and several other topics that you should know about as a disabled worker.

Resume Tips for Job Seekers With Disabilities

For the most part, writing a resume as a disabled worker involves the same best practices as writing any type of resume. Some of the most important things to keep in mind include:

Keep your resume clear and concise

Hiring managers usually have dozens, if not hundreds, of resumes that they need to review in order to fill a single open position. There's simply not enough time to carefully review every applicant's resume in depth - if you don't catch their attention quickly, they'll usually move on to their next option. Generally, you should limit yourself to one page, favor short and direct words over longer synonyms, and use paragraph breaks and bullet points where necessary to avoid a "wall of text" look.

That said, there are some instances where a more than one-page resume is okay, including for certain roles or experience levels. Review our resume examples to find out best practices for your role.

Highlight your specific qualifications

While training is always an option, employers prefer candidates who already have experience with the specific tools that their team uses on the job. Connect the dots for the hiring manager by highlighting any software platforms, regulatory programs, types of equipment, or other relevant skills that you have that makes you the perfect fit for the job you're applying to.

Use numbers to quantify your work accomplishments

Even if you give potential employers a good idea of what your responsibilities were at your previous jobs, how will they know that you handled these responsibilities well? Showcasing your achievements with concrete numbers to demonstrate your job performance helps convince hiring managers that you really know what you're doing. For example, the amount of revenue or savings generated, the percentage of projects completed under budget, the size of the team you managed, etc.

Tip!

Make sure to write a matching cover letter to pair with your resume. While not all jobs require one, it's another touch point with the hiring manager to express your interest in the role. Download one of our free cover letter templates to get started.

In addition to these general rules, there are two aspects of resume writing that specifically concern disabled workers: deciding whether to disclose your disability, and explaining gaps in your employment history.

Disclosing disabilities

It's important to note that you have no legal obligation to disclose your disability on your resume. If your disability is not visible - the term "disabled" covers everything from physical injuries to chronic diseases to mental disorders - there's no need for an employer to be aware of it at all. This is especially true at the beginning of your job search. Your first focus should be on securing an interview, and choosing to not disclose your disability may help you avoid any instances of bias.

That said, after you've scheduled an interview it may be helpful to disclose it. For example, if there are accommodations that you need, informing the employer about it as soon as possible helps ensure that everything is set up before you arrive.

Jeff Arseneaux, a Disability Employment Consultant with cerebral palsy, recommends, "I have found that the best practice is to be 100% honest with a potential employer. Usually, this happens at some point in the interview process, so make sure you've evaluated your accommodation needs big and small. Sometimes it's the simple accommodations that make the big difference. For example, a simple thing like a piece of velcro under my keyboard, so it doesn't slide when I try to use it, makes a difference for me. I've found that corporate America often interprets accommodations as costly and requiring lots of effort, which isn't always the case."

Explaining gaps in employment history

People with disabilities sometimes have long or frequent gaps in their employment history. Prospective employers will likely notice these gaps on your resume, and they may ask you to explain them.

Even in these cases, there is no need to disclose your disability if you do not wish to. In order to avoid this situation altogether, you can record the dates of obvious work history gaps on your resume and write "Illness and Recovery" next to them. This explains to employers why you were not working during these periods, and it implies that you are now "recovered" and fully ready to work.

In the resume example below, we'll show you exactly how people with disabilities can use these techniques when writing their resume.

Disabled Worker Resume Example

Paul Brewer
(904) 394-9302
[email protected]
1192 Beach Blvd, Jacksonville, FL 92043

Profile

Highly skilled paralegal specializing in business law with 10+ years of experience researching cases, interviewing witnesses, drafting briefs, and helping litigators prepare for trial. Detail-oriented with strong communication and time management skills.

Professional Experience
Paralegal, Morgan & Morgan, Jacksonville, FL August 2017 - Present

Assist team of 5 attorneys with trial preparation, proofreading correspondence, and organizing documents

Use LexisNexis to collect data and research case law

Manage scheduling with witnesses to ensure attendance at court hearings

Serve as client-attorney liaison, keeping clients updated and promptly addressing their questions and concerns

Illness and Recovery
November 2015 - August 2017 Legal Assistant, Times Warner, Atlanta, GA October 2008 - November 2015

Answered phone and managed email correspondence for company's law department, providing information and referrals as needed

Entered and updated client data in HoudiniEsq database

Managed office inventory and ensured supplies are regularly stocked

Reduced administrative expenses by 20% through developing Standard Operating Procedures for common admin tasks

Education
Bachelor's Degree in Legal Studies GEORGIA STATE UNIVERSITY Atlanta, GA, September 2006 - May 2010
Key Skills

Legal research

Client relations

Office management

Microsoft Office (Word, Excel, PowerPoint)

LexisNexis

HoudiniEsq

Certifications

Registered Paralegal, National Federation of Paralegal Associations, 2012

From skills training to interview practice to job search support, there are many employment resources available for disabled workers. Below, we'll review some of the most significant programs that you should be aware of.

For growing your job-seeking skills

It can be a challenge to discover job openings that make sense for your background and skill set, especially when you consider additional factors such as your desired location and salary requirements. By developing job-seeking skills, you'll have a much easier time finding the ideal job opportunity for your situation.

The Department of Labor funds over 2,400 American Job Centers, which provide career services such as vocational assessment and access to labor market information. You can plug your city or zip code into CareerOneStop's finder tool to discover the American Job Centers that are located closest to your home.

There may also be a Center for Independent Living located near you. In addition to helping people with disabilities live on their own, many of these facilities offer services such as job training and career coaching.

For finding a job

Once you're ready to apply for positions, you can use one of the many job boards, online search sites, and other job placement resources that are designed for people with disabilities. Some of the most helpful resources include:

abilityJOBS. Founded back in 1995, abilityJOBS is the largest job site for people with disabilities. One hundred percent of the employers that use this service are looking specifically to hire disabled workers, and these employers include prominent organizations such as the Central Intelligence Agency, Deloitte, Amazon, and Wells Fargo.

Disabled Person. This job board offers opportunities across many different career categories, including accounting, architecture, marketing, military/defense, and management.

Getting Hired. You'll find tens of thousands of available jobs with inclusive employers on this site's job board. Getting Hired also holds recruiting events and publishes helpful articles on inclusivity-related topics.

For finding federal and government jobs

There are a couple of key benefits to federal jobs for people with disabilities, such as work is available across the country in many different career fields, and it allows you to take advantage of the Schedule A hiring process.

The Schedule A program involves federal agencies using a special authority to hire disabled workers without requiring them to compete for the job. To be eligible for the Schedule A program, you must be qualified for the job you're applying to and have an intellectual, psychiatric, or severe physical disability (you'll also need to obtain "proof of a disability" documentation in which a medical professional attests to this fact).

This non-competitive process can improve your odds of landing a federal job, but it does not guarantee employment. Also, there is a probationary period for Schedule A jobs that can last up to two years depending on the type of employment, during which you will be held to the same performance standard as all other employees.

The federal government's job site, USAJOBS, allows you to search for both competitive and non-competitive job openings for disabled workers.

For recent grads and people new to the workforce

It can be difficult for anyone to find their first job and get used to the routine and responsibilities of a full-time position - disabilities may make this transition more difficult.

The National Collaborative on Workforce and Disability provides a number of helpful resources for people with disabilities who are new to the workforce, including the High School/High Tech program, which helps disabled youth explore careers in math, science, and technology.

Job Corps can also help you get your career off to a good start, as they offer free educational and job training programs. These programs are very accessible, with Job Corps offering support services for a wide range of disabilities.

For veterans

The Department of Veterans Affairs (VA) offers a comprehensive set of Veteran Readiness and Employment (VR&E) services that help disabled veterans achieve their career goals. These services include job training, resume development, and career coaching. They can help you set up accommodations at your job as well.

Veterans are eligible for these services as long as they did not receive a dishonorable discharge and have a service-connected disability rating of at least 10% from the VA. Active-duty members of the military are also eligible for VR&E services if they have a disability rating of at least 20% or if they're waiting to be discharged due to a severe illness or injury.

Know Your Rights

You've likely heard of the Americans with Disabilities Act (ADA), but that's not the only law that protects disabled workers. Indeed, there are several other pieces of legislation that help prevent discrimination and provide accommodations for the disabled.

Below, we'll break down the ADA as well as the other major laws that cover workers who have disabilities.

ADA

The ADA protects people with disabilities from discrimination. There are two sections of the ADA that deal with employment issues, which covers not just hiring practices, but also pay, benefits, promotions, and firing practices.

Title I: Private businesses, educational institutions, employment agencies, and labor organizations that have more than 15 employees are prohibited from discriminating against disabled workers.

Title II: State and local government entities are prohibited from discriminating against disabled workers, regardless of how many employees they have.

Title I also requires employers to provide "reasonable accommodations" for both employees and job seekers who have a disability. Such accommodations can include making existing facilities accessible, modifying equipment, and modifying work schedules.

Removing an essential function from a job, lowering production standards, and providing personal use items that are also needed off the job (prosthetic limbs, wheelchairs, etc.) are not considered reasonable accommodations under the ADA.
How does a disable worker request reasonable accommodations?
"It's important to advocate for your needs as you're the expert in what those are. During the interview process, make sure to discuss with the recruiter or hiring manager about the procedure for requesting reasonable accommodations, including with whom and how. This should establish your comfort level with requesting the accommodations you need and set the tone for the hiring process," says Arseneaux.

Rehabilitation Act

While the ADA covers state and local government entities, the Rehabilitation Act covers federal government entities. Private employers that receive over $10,000 annually from contracts with federal agencies and organizations that receive federal assistance are also covered under this law.

The Rehabilitation Act prohibits these types of employers from discriminating against qualified job applicants with disabilities. It also provides funding for vocational rehabilitation programs, skills training, and other disability-related purposes.

Workforce Innovation and Opportunity Act

The Workforce Innovation and Opportunity Act (WIOA) helps provide training and career services to all job seekers. There are several parts of this legislation that are concerned specifically with disabled workers, including:

WIOA requires American Job Centers to maintain physical and programmatic accessibility for people with disabilities.

Pre-employment transition services are available for students with disabilities.

State Vocational Rehabilitation agencies engage with employers and connect them with disabled workers.

Also, Section 188 of WIOA prohibits disability-based discrimination at programs and activities that are offered as part of WIOA-supported workforce development efforts.

Vietnam Era Veterans' Readjustment Assistance Act

Another piece of legislation that you should be aware of is the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), which covers federal contracts or subcontracts of $100,000 or more.

Such contractors are required by this law to provide equal access of employment activities (recruiting, hiring, promotions, etc.) to disabled veterans. VEVRAA also requires employers to post available jobs with their local state employment service so that veterans get priority access in job listings.

Dealing With Workplace Discrimination and Harassment

It's good to know that there are laws on the books protecting people with disabilities from discrimination - but unless these laws are actually enforced, they're not going to have their intended effect. Federal laws that prohibit discrimination in the workplace are enforced by the Equal Employment Opportunity Commission (EEOC).

You should be aware that not all organizations are covered by the laws that are enforced by the EEOC. While federal government entities are subject to these laws regardless of their size, private businesses as well as state and local government entities with fewer than 15 employees are not required to follow all of these rules.

Additional Resources

Finally, there are a few prominent programs we haven't yet mentioned that may be able to provide you with some valuable support:

Office of Disability Employment Policy. Founded in 2001, the Department of Labor's Office of Disability Employment Policy (ODEP) is the only non-regulatory federal agency that promotes policies and collaborates with employers on behalf of disabled workers. ODEP doesn't directly provide support services, but their research, funding, and advocacy works behind-the-scenes to increase the number and improve the quality of employment opportunities for people with disabilities.

Job Accommodation Network. The Job Accommodation Network, which is funded by ODEP, provides free one-on-one expert consultations on topics such as job accommodation solutions, self-employment options, and the ADA as well as other laws regarding employment rights.

Ticket to Work. This program provides career development services to Social Security disability beneficiaries who are between the ages of 18 to 64 and want to work. These services include counseling, training, and job placement.

AbilityOne. Over 40,000 people who are blind or have significant disabilities, including about 3,000 veterans, are employed through AbilityOne. This federal agency generates work for people with disabilities by purchasing products from participating community-based nonprofits that train and employ people with disabilities. If you're looking for work, AbilityOne's Find a Job page will direct you to the employment opportunities that are available in their network.

Workforce Recruitment Program. Managed by ODEP and the Department of Defense, the Workforce Recruitment Program connects employers with college students and recent graduates who have disabilities and are ready to enter the workforce. This is an excellent resource if you're looking for a short-term summer job to test out a career path or gain some experience as you continue your studies. The Workforce Recruitment Program offers permanent job opportunities as well.

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Resume and Employment Guide for People With Disabilities - ResumeBuilder.com

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A robust guide for disabled job seekers covering resume writing, job search resources, and legal protections, plus advice from an expert.

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Age Appropriate Transition Assessment (AATA): What Is It?

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VARK Questionnaire version 8.02
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Fill in the VARK questionnaire to find out your learning style - do you prefer to use Visual, Aural, Read/write or Kinesthetic learning strategies, or a combination?

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We encourage you to use this free database to identify programs that may be right for you and for someone in your life who belongs to the autism community.

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Once a home is chosen, there's still a significant barrier to overcome: figuring out how to pay for it. There are a number of different options, but it's important to choose the option that will allow for comfortable living now, while also ensuring your resources aren't used up too quickly.

This guide helps those searching for assisted living homes overcome the two main barriers: choosing a home and figuring out how to pay for it. In this guide, you will learn about the different types of assisted living homes, how to choose the right home for you, how to pay for that home, and state-specific resources to assist you in your search.

Care Options for Seniors and People With Disabilities

There are three levels of assisted living: assisted living communities, independent living communities, and home care. Home care brings assistance with daily living to the home, independent living offers a community with convenient amenities, and assisted living combines a community that offers convenient amenities with support for daily living tasks.

Assisted Living

Who it's for: Assisted living communities are a good choice for seniors and people with physical disabilities who need help with tasks such as bathing, dressing, eating, taking medications, and using the restroom.

Who it's not for: Assisted living is not a good choice for people who are still able to live independently, as the unneeded services may result in a higher cost than independent living facilities. However, it can still be a good choice for those who are mostly independent now, but will need support for daily living in the not-too-distant future, since many have programs and services designed to help seniors transition from a low level of care to a more comprehensive care plan.

What's available: Assisted living communities are similar to independent living communities, with services including meals, transportation, and social activities. However, assisted living communities also have support services for activities of daily life, including hygiene, fall prevention, and housekeeping. Often, assisted living communities provide additional medical care as residents' needs increase as they age. Some contract with local health care providers that can come in to offer medical care as needs increase.

What it costs: According to the Genworth 2017 Cost of Care Survey, you can expect assisted living to cost about $3,750 per month.

Independent Living

Who it's not for: Since independent living does not offer full time health care or help with daily living activities such as bathing, dressing, eating, or taking medication, it's not a good choice for people who need these support services, or those who may need them in the near future.

What's available: In an independent living community, residents get convenient access to services that are designed to minimize daily responsibilities, such as laundry, housekeeping, on-site dining, transportation, and security. Activities, events, and entertainment are typically available with the community. Amenities may include on-site gyms, beauty salons, and pools. Some have periodic access to medical care, but independent living communities typically do not have full time staff dedicated to medical care.

What it costs: The cost of independent living is typically either similar to, or slightly more than, the local cost of similar housing options, such as an apartment or townhome that's not in an independent living community. Generally, independent living costs between $1,500 to $3,500 a month for a one-bedroom apartment.

Home Care

Who it's for: Home care is a good option for seniors or people with disabilities who have been recently hospitalized and are healing at home. This service can help these individuals transition back to independence. Home care can also be a good choice for individuals who have experienced a decline in function and are unable to manage the tasks of daily life independently, but prefer to stay at home.

Who it's not for: Home care is not optimal for those who need care around the clock. It's also not a great long-term option for those without significant income or savings.

What's available: Home care services include both personal and medical support. The personal services offered typically include hygiene, home chores, and other assistance, such as:

Bathing

Getting dressed

Appointment escorting

Meal preparation and delivery

Housekeeping

Laundry

Fall prevention (including assistance in moving)

Those who need medical care typically have access to services such as:

Wound care

Injections or administration of important medications

Managing illness and chronic conditions

Monitoring vitals such as blood pressure, temperature, heart rate, and breathing

Assistance with taking the correct medications on time

What it costs: According to the Genworth 2017 Cost of Care Survey, homemaker services cost about $3,994 per month, and a home health aide costs about $4,099 monthly.

Financial Support Options

Long-term care can be expensive, and cost is one the main challenges to overcome. Although some families are able to pay out of pocket for residential and care expenses, many are not able to afford it on their own. For those individuals, there are financial support options including Medicare, Medicaid, Social Security and HUD programs.

Medicaid

Medicaid offers health coverage for some low-income families, including the elderly and people with disabilities. You may qualify for Medicaid based on your income and family size.

Although state Medicaid programs vary, residents with Medicaid will have at least some assisted living costs covered in most states. Some states use different terms to refer to assisted living coverage, such as residential care, adult foster care, personal care homes, or supported living. Home health services are one of the mandatory benefits available for those with Medicaid.

Coverage varies depending on the state, and may include medication administration, chores, homemaker services, and recreational activities. Medicaid does not pay for room and board in any state. However, it may cover meal preparation and serving, just not the cost of food itself.

Medicare

Medicare is a national health insurance program generally available to seniors 65 and older, or younger people with disabilities or permanent kidney failure requiring dialysis or a transplant.

Home health services are typically covered by Medicare for those who are eligible. To become eligible, a doctor must certify that you are homebound, or that you need intermittent skilled nursing care, specific physical therapy, speech-language pathology, or continued occupational therapy services.

Medicare does not cover long term care such as assisted living, 24-hour care, meal deliveries, homemaker services like laundry, or personal care like bathing or dressing.

Social Security

Social Security offers financial benefits for people who are disabled, or those who are 62 or older. Along with retirement income for seniors, Social Security provides two other means of financial support. The first is Supplemental Security Income (SSI), which is available for people with limited income and assets. The second program provides state-based benefits that can offer financial support for assisted living. This program is either called Optional State Supplements (OSS) or State Supplementary Payments.

People who are financially eligible can get assistance paying for room and board at an assisted living facility using OSS. This is in addition to Social Security Income payments and is paid directly to the community. The amount of OSS given to the resident is based on his or her income and can range from a few dollars to nearly $1,000 per month depending on income and state policies.

Some states cap the amount assisted living communities that accept Medicaid can charge for room and board. This limit is usually equivalent to the federal Social Security Income benefit, or the Social Security Income benefit plus the OSS payment.

HUD Resources

The U.S. Department of Housing and Urban Development, commonly known as HUD, offers a number of programs designed to help seniors and disabled individuals with housing expenses. These programs offer rent subsidies, income-based housing, vouchers, and homeownership opportunities.

Programs typically have high demand, and applicants may face long waiting periods of two years or more. If you're interested in a HUD program, it's a good idea to start the application process as early as possible.
Subsidized housing programs
Subsidized housing programs offer income-based housing that's designed to be affordable. Some programs offer rent assistance in facilities that offer support and activities for seniors and people with disabilities. HUD offers a state-based inventory of units for the elderly and persons with disabilities, which you can use to identify facilities that offer subsidized housing.
Section 202 Supportive Housing for the Elderly Program
Under the Section 202 program, HUD finances the development of supportive housing for the elderly. These facilities offer residential options with support activities including cleaning, cooking, and transportation. The program includes rental assistance funds, which are designed to make up the difference between HUD-approved operating costs and tenant rent contributions. Section 202 occupancy is available for very low-income households with at least one member who is 62 years of age or older.
Section 811 Supportive Housing for Persons with Disabilities Program
The section 811 program is similar to the Section 202 program, offering funding for the development and subsidizing of rental housing with support services for very low-income adults with disabilities. Like Section 202, Section 811 provides funding for development of supportive housing as well as rental assistance. Residents typically pay 30 percent of adjusted income.
Public Housing
HUD public housing offers rental housing to eligible low-income families, the elderly, and people with disabilities. Rent in public housing is limited to the highest of 30 percent of monthly adjusted income, 10 percent of monthly income, welfare rent (if applicable), or a minimum rent of $25 to $50 which is set by a local housing agency. Under HUD regulations, housing agencies can exclude $400 of income for elderly families or a person with a disability, as well as some medical deductions for families whose head of household is an elderly person or a person with disabilities.
Other programs Housing Choice Voucher Program
HUD's housing choice voucher program helps elderly, disabled, and very low-income families pay for private-market housing. Eligibility is typically limited to those with a household income of 50 percent or less than the median income for the county or metropolitan area in which they live. Housing voucher recipients can use their benefits to find housing, such as assisted living, and are not limited to living in subsidized housing projects. Housing choice vouchers are available locally through public housing agencies, known as PHAs, which receive federal funds to administer the program. The PHA pays housing subsidies directly to landlords on behalf of the individual or family.
Home Equity Conversion Mortgages
Reverse mortgages are an option for seniors who have equity in their homes. With a reverse mortgage, senior homeowners are able to draw on home equity to pay for living expenses such as home health care. HUD's Home Equity Conversion Mortgages, also known as HECMs, are reverse mortgages insured by the federal government available through Federal Housing Administration approved lenders.
Homeownership Voucher Program
First-time home buyers can get help with monthly mortgage and homeownership expenses from the Homeownership Voucher Program. This program can reduce the total monthly payment to 30 percent of the family's adjusted monthly income. There are certain eligibility requirements, including employment. However, employment is not required for elderly or disabled families.

State Support Resources

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Assisted Living Options for People With Disabilities | AssistedLiving.org

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If you are fully or partially disabled, there are quality residential care options that allow you to get the help you need while maintaining your dignity and independence. Learn about your payment options and the main types of care including assisted living, independent living, and nursing homes.

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Transition Bootcamp Virtual Conference, Registration Open – OhioF2F

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This year’s Transition Bootcamp Conference will take place virtually, Tuesday, January 19 – Thursday, January 21. Learn more here.

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Transition Bootcamp Virtual Conference, Registration Open

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Ohio high school graduation requirements have several facets that students need to complete including fulfilling curriculum requirements, meeting competency requirements, and demonstrating readiness for the steps after school in order to receive their diploma. For the classes of 2021 and 2022, you can find the details here. For the classes of 2023 and below, you can find the details here.

In this article, we wanted to examine the diploma seals mentioned as part of the requirements. For the classes of 2021 and 2022, you might not have to concern yourself with these if you choose the original pathway provided on page one of this document. The seals became part of the optional pathway laid out in page two. Students who are following the first pathway can still earn seals and have them affixed to their diploma and transcript. (Olentangy Local School District issued an email for seniors on 9/10/20 regarding the biliteracy seal. It can be found here.)

For the class of 2023 and beyond, the seals have been incorporated into your requirements to show students are prepared for college or careers.

"Ohio law created twelve seals for students to demonstrate academic, technical and professional readiness for careers, college, the military or self-sustaining professions. Each seal allows students to demonstrate knowledge and skills essential for future success." Students must earn two diploma seals, and one will need to be "state defined."

Ohio's Graduation Requirements: Long-Term Requirements 2023 and Beyond as of February 2020 lays out in detail all the information for each seal for the class of 2023 and beyond. Below is the summary (we have noted the page numbers for each diploma seal in this document):

OhioMeans Jobs-Readiness Seal
(pg. 32-35)

Meet the requirements and criteria established for the readiness seal, including demonstration of work-readiness and professional competencies.

State Seal of Biliteracy
(pg. 36-40)

Meet the requirements and criteria, including proficiency requirements on assessments in a world language and English.

Industry-Recognized Credential Seal
(pg. 25-27)

Earn a 12-point approved industry-recognized credential or group of credentials totaling 12 points in a single career field.

College-Ready Seal
(pg. 41-42)

Earn remediation-free scores on the ACT or SAT. Visit the Department's website to see current remediation-free scores.

Military Enlistment Seal
(pg. 15-19)

Provide evidence that a student has enlisted in a branch of the U.S. Armed Forces; or Participate in an approved JROTC program.

Technology Seal (pg. 20-24)

A student can:
1. Earn a score that is at least equivalent to proficient on an appropriate Advanced Placement or International Baccalaureate exam;
2. Earn a final course grade that is equivalent to a "B" or higher in an appropriate class taken through the College Credit Plus program; or
3. Complete a course offered through the district or school that meets guidelines developed by the Department. (A district or school is not required to offer a course that meets those guidelines.)

Citizenship Seal
(pg. 28-31)

A student can:
1. Earn a score of proficient or higher on both the American history and American government end-of-course exams;
2. Earn a score that is at least equivalent to proficient on appropriate Advanced Placement or International Baccalaureate exams; or
3. Earn a final course grade that is equivalent to a "B" or higher in appropriate classes taken through the College Credit Plus program.

Science Seal
(pg. 43-45)

A student can:
1. Earn a score of proficient or higher on the biology end-of-course exam;
2. Earn a score that is at least equivalent to proficient on appropriate Advanced Placement or International Baccalaureate exams; or
3. Earn a final course grade that is equivalent to a "B" or higher in an appropriate class taken through the College Credit Plus program.

Honors Diploma
(pg. 46-51)

Earn one of six Honors Diplomas outlined below:
1. Academic Honors Diploma
2. International Baccalaureate Honors Diploma
3. Career-Tech Honors Diploma
4. STEM Honors Diploma
5. Arts Honors Diploma
6. Social Science and Civic Engagement Honors Diploma

Community Service Seal (locally defined)

Complete a community service project aligned with the guidelines adopted by the school district's local board of education or school governing authority.

Student Engagement Seal (locally defined)

Participate in extracurricular activities such as athletics, clubs or student government to a meaningful extent, as determined by guidelines adopted by the school district's local board of education or school governing authority.

Fine and Performing Arts Seal (locally defined)

Demonstrate skill in the fine or performing arts according to an evaluation aligned with guidelines adopted by the school district's local board of education or school governing authority.

*State law requires districts and schools to develop guidelines for at least one of the locally defined diploma seals.

Enjoy this post? Don't want to miss any future blogs about education, college, or careers?

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State of Ohio Graduation Requirements: Demonstrating Readiness with Diploma Seals - At The Core

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Ohio high school graduation requirements have several facets that students need to complete including fulfilling curriculum requirements, meeting competency requirements, and demonstrating readiness for the steps after school in order to receive their diploma. For the classes of 2021 and 2022, you can find the details here.

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Ohio High School Graduation Requirements

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Ohio High School Graduation Requirements

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Medina Creative Housing (MCH) and its affiliate organization Medina Creative Living(MCL) promote the development and ongoing management of permanent, affordable housing and quality services for persons with disabilities living in Medina County. Our homes enable the individuals with developmental and physical disabilities in Medina County to live independently in an affordable, accessible and safe neighborhood while receiving necessary levels of support for health and safety.

OUR SINGLE FAMILY HOMES

Medina Creative Housing owns and manages seventeen single family homes in the community, in which individuals with disabilities live in a congregate setting.

Our homes are fully occupied, so if you or a loved one is interested in joining our community, please print the Application for Medina Creative Housing Single Family Homes, fill it out, and mail it or drop it off at any of our offices to be added to our waiting list.

Click on the video below to watch three stories from five of our residents living in Medina Creative Housing single family homes.

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Medina Creative Housing | Medina Creative Housing

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Medina Creative Housing (MCH) and its affiliate organization Medina Creative Living(MCL) promote the development and ongoing management of permanent, affordable housing and quality services for persons with disabilities living in Medina County. Our homes enable the individuals with developmental and physical disabilities in Medina County to live independently in an affordable, accessible and safe neighborhood while receiving necessary levels of support for health and safety.

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To aid Ohioans with severe physical disabilities in their quest for independence, OOD partners with the Independent Living Network to provide services and support to help people live independently.

The IL Network includes the Ohio Statewide Independent Living Council (OSILC) and Center for Independent Living (CIL). The OSILC is a 19 member council that is a majority of individuals with significant disabilities that represents the entire state of Ohio. The OSILC develops, monitors, and evaluates the State Plan for Independent Living. The OSILC also provides technical assistance to the CILs, as well as assistance in developing a statewide network of CILs. More information about OSILC can be found at www.ohiosilc.org.

Ohio has 12 locally managed CILs that provide services to assist people with significant disabilities to live independently in the community of their choosing. Services include information and referral, advocacy, peer support, skills training, nursing home and institution transition to the community, youth transition, and diversion from nursing home or institutional living.

Centers for Independent Living (CIL)

Every CIL provides services in the following 5 core areas:

Information and referral services;

Independent Living (IL) skills training;

Peer support;

Individual and systems advocacy;

Transition services.

In addition to the five core areas of service, some CILs are able to provide additional services in surrounding counties. Listed below is information regarding additional services offered by CILs.

For more information or to find center locations, visit the Centers for Independent living website.

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To aid Ohioans with severe physical disabilities in their quest for independence, OOD partners with the Independent Living Network to provide services and support to help people live independently. The IL Network includes the Ohio Statewide Independent Living Council (OSILC) and Center for Independent Living (CIL).

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The Independent Living Program
Centers for Independent Living are community-based, cross-disability, non-profit organizations that are designed and operated by people with disabilities. CILs are unique in that they operate according to a strict philosophy of consumer control, wherein people with all types of disabilities directly govern and staff the organization. Centers for Independent Living Provide:

Peer Support

Information and Referral

Individual and Systems Advocacy

Independent Living Skills Training

Transition

America is home to:

403 Centers for Independent Living (CILs)

330 branch offices

56 Statewide Independent Living Councils (SILCs)

Find your local CIL or SILC.
The Independent Living Movement
When the process of deinstitutionalization began in the 1960's, some people with significant disabilities were released from inevitable life sentences in nursing homes and other institutions, which created for the first time in history an opportunity, an imperative, for people with disabilities to live free and independent lives. From this, a community and a culture with history, values, and an objective were born.

Our first taste of freedom came amidst massive civil rights movements nationally and abroad. Leaders of the disability community began to realize that our human rights and civil liberties would come only as we fought for them. With most state-run institutions closed, people with significant disabilities became more visible, and more audible, too. But society's unwelcoming attitude did not change. The private medical industry quickly appropriated the responsibilities of formerly state-run institutions.

Centers for Independent Living were created to be run by and for people with disabilities, and offer support, advocacy, and information on empowerment in the attainment of independence from a peer viewpoint, a perspective that was hitherto excluded from participation in the discussion.

Independent Living activists carried out some of the most daring protests in American civil rights history, including the longest occupation of a Federal building in history, which led to the release of the regulations banning discrimination against people with disabilities in federally funded programs. As Independent Living philosophy took hold nationally and the disability rights movement gained acceptance and political influence, a grassroots movement for a comprehensive disability rights law (the ADA) was implemented.

Today, Centers for Independent Living fight similar battles to ensure that the rights of people with disabilities are protected. Even with the passage of the Americans with Disabilities Act, people with disabilities often find that advocacy and support from the disability community and the disability rights movement is an essential element in enforcement of the civil rights law.

Many of the issues we fight for have strong opposition and powerful lobbyists in the for-profit sector. NCIL remains dedicated to the community values, objectives, and unity that we were founded on.
The Independent Living Philosophy & Culture
The Independent Living Movement is founded in the belief that people with disabilities, regardless of the form, have a common history and a shared struggle, that we are a community and a culture that will advance further banded together politically.

Independent Living philosophy emphasizes consumer control, the idea that people with disabilities are the best experts on their own needs, having crucial and valuable perspective to contribute and deserving of equal opportunity to decide how to live, work, and take part in their communities, particularly in reference to services that powerfully affect their day-to-day lives and access to independence.

According to traditional thought, disabilities are impairments to be cured through medical intervention. In practice, people with significant disabilities are treated at best by the medical industry as diseases to be cured, and more often, as incapable and undeserving of optimal and self-directed care. The significant underestimation of the abilities and life quality of people with disabilities has led to a state in which the evaluation of people with disabilities by medical professionals, so highly valued by society, has come to infringe on basic human and civil rights.

The Independent Living Model sees the problem differently and understands disability as a construct of society. In this model, the problem lies in the environment, not the individual. Though many people have physical, intellectual, or mental attributes that deviate from the 'norm,' disability is manifested in society through purposefully created and maintained physical, programmatic, and attitudinal barriers.

People with disabilities do not see themselves as problems to be solved, and ask only for the same human and civil rights enjoyed by others. Remarkably, this viewpoint is not generally accepted in society today and the Medical Model is still so deeply ingrained in us as a society that people with disabilities may spend their entire lives in nursing facilities often described as "tortuous" or even be refused treatment at a hospital, and at a professional's discretion, denied life-saving "futile care".

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The Independent Living Program Centers for Independent Living are community-based, cross-disability, non-profit organizations that are designed and operated by people with disabilities. CILs are unique in that they operate according to a strict philosophy of consumer control, wherein people with all types of disabilities directly govern and staff the organization.

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New SPIL Instrument Approved

April 3, 2020 -- ACL is pleased to announce the Office of Management and Budget (OMB) has approved the New State Plan for Independent Living (SPIL) instrument and instructions. The new SPIL addresses changes to the Rehabilitation Act of 1973 that result from the Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. 32, and increases the instrument's and instructions' clarity, conciseness, and precision. The new SPIL also includes the following:

The core services that WIOA requires;

An explanation and requirement for the state matching requirement;

Legal basis and certifications, DSE assurances, and SILC assurances;

A chart for the financial plan;

A chart for centers for independent living's service areas and oversight; and

A signatures section.

States should start using the new SPIL instrument to complete the FY 2021 - FY 2023 SPIL. The SPIL must be submitted to ACL for review and approval by 11:59 PM EST on Tuesday, June 30, 2020.

Please use the link below to open the new SPIL Instrument and Instructions. Contact Regina Blye, ILS Program Officer (PO) by email at Regina.Blye@acl.hhs.gov if you need additional guidance.
State Plan for Independent Living (SPIL) Instrument and Instructions - Template
2019 Annual Report

On Monday, November 30, 2020, Commissioner of the Administration on Disabilities Julie Hocker submitted the 2019 annual report for the independent living programs, in accordance with Title VII, Chapter I, Part C in the Rehabilitation Act as amended. This report reflects the more than 200,000 individuals who in PY2019 benefited from community-based services to live independently in communities across our nation.

About the Independent Living Programs

ACL's independent living programs work to support community living and independence for people with disabilities across the nation based on the belief that all people can live with dignity, make their own choices, and participate fully in society. These programs provide tools, resources, and supports for integrating people with disabilities fully into their communities to promote equal opportunities, self-determination, and respect.

See the Independent Living Services webpage for more information.

Download a new graphic about how Centers for Independent Living make community living possible.
Find the State Plan for Independent Living (SPILs) and Centers for Independent Living (CILs) for all U.S. states and territories.
What is Independent Living?

Independent living can be considered a movement, a philosophy, or specific programs. In the context of ACL, independent living programs are supported through funding authorized by the Rehabilitation Act of 1973, as amended (The Act). Title VII, chapter 1 of the Act states the current purpose of the program is to "promote a philosophy of independent living including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society."

Key provisions of the Act include responsibilities of the Designated State Entity (DSE), provisions for the Statewide Independent Living Councils (SILCs), requirements for the State Plan for Independent Living (SPIL), and Center for Independent Living standards and assurances. (See below for details on all these areas.)

To receive funding, states must jointly develop and submit a State Plan for Independent Living (SPIL), which is a three-year plan for providing independent living services in the state. The Designated State Entity (DSE) is the agency that, on behalf of the state, receives, accounts for and disburses funds received under Subpart B of the Act. The Statewide Independent Living Council (SILC) is an independent entity responsible to monitor, review, and evaluate the implementation of the SPIL. Centers for Independent Living (CILs) are consumer-controlled, community-based, cross-disability, nonresidential private non-profit agency that is designed and operated within a local community by individuals with disabilities, and provides an array of independent living services.

Workforce Innovation and Opportunity Act

In July 2014, the Workforce Innovation and Opportunity Act (WIOA) was signed into law, transferring the Independent Living programs, the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR), and the Assistive Technology programs to ACL. WIOA also included statutory changes that affect independent living programs, including the addition of new core services, shifts in the process of developing and adopting state plans and changes in the functions of the SILC.

ACL developed a final rule to implement the relevant provisions of the Workforce Innovation and Opportunity Act of 2014, and will continue to issue guidance as needed. See this page for more information on WIOA and related guidance.

Office of Independent Living Programs Contact List

Independent Living Services (ILS) Programs

The Independent Living Services (ILS) program provides financial assistance, through formula grants, to states and territories for providing, expanding, and improving the provision of independent living services. To be eligible to receive financial assistance, states must:

(1) develop, submit and receive approval on a State Plan for Independent Living (SPIL), and
(2) establish and maintain a Statewide Independent Living Council (SILC).

The SILC and the Centers for Independent Living (CILs) within the state develop a State Plan for Independent Living (SPIL), a document required by law that indicates how the state IL Network is going to execute and improve independent living services over the next three years.

Funds are also made available for the provisions of training and technical assistance to SILCs.

The ILS program funding provides resources to the state to support the work of the SILC and the Designated State Entity (DSE), the state entity responsible to receive, account for, and disburse the ILS funds. The remainder of funds may be used for the following activities as reflected in an approved SPIL:

Providing independent living (IL) services to individuals with significant disabilities, particularly those in unserved areas of the state;

Demonstrating ways to expand and improve IL services;

Supporting the operation of CILs;

Increasing the capacity of public or nonprofit organizations and other entities to develop comprehensive approaches or systems for providing IL services;

Conducting studies and analyses, developing model policies and procedures, and presenting information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policymakers;

Training individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the IL philosophy; and

Providing outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations.

The Independent Living Formula Grant Program is authorized Under Title VII, Chapter I, Part B of the Rehabilitation Act, as Amended by the Workforce Innovation and Opportunity Act (WIOA) of 2014.

Centers for Independent Living (CIL) Programs

The Centers for Independent Living (CILs) Program provides 354 discretionary grants to CILs, which are consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agencies that provide IL services. At a minimum, centers funded by the program are required to provide the following IL core services:
- Information and referral;
- IL skills training;
- Peer counseling;
- Individual and systems advocacy; and
- Services that facilitate transition from nursing homes and other institutions to the community, provide assistance to those at risk of entering institutions, and facilitate transition of youth to postsecondary life.
Centers also may provide, among other services: psychological counseling, assistance in securing housing or shelter, personal assistance services, transportation referral and assistance, physical therapy, mobility training, rehabilitation technology, recreation, and other services necessary to improve the ability of individuals with significant disabilities to function independently in the family or community and/or to continue in employment.

To continue receiving CIL program funding, eligible centers must demonstrate minimum compliance with the following standards:

- Promotion of the IL philosophy;
- Provision of IL services on a cross-disability basis;
- Support for the development and achievement of IL goals chosen by the consumer;
- Efforts to increase the availability of quality community options for IL;
- Provision of IL core services and, as appropriate, a combination of any other IL service;
- Building community capacity to meet the needs of individuals with significant disabilities; and
-Resource development activities to secure other funding sources.

A population-based formula determines the total funding available for discretionary grants to centers in each state. Subject to the availability of appropriations, ACL is required to provide continuation funding to existing centers at the same level of funding they received the prior fiscal year and to provide them with a cost-of-living increase. Funding for new centers in a state is awarded on a competitive basis, based on the state's State Plan for Independent Living and the availability of sufficient additional funds within the state.

The Independent Living Discretionary Grant Program is authorized Under Title VII, Chapter I, Subchapter C of the Rehabilitation Act, as Amended by the workforce innovation and opportunity act (WIOA) of 2014.

Resources and Useful Links: ILRU website

CARES Act Annual Program Report

OILP Quarterly Connection

The Office of Independent Living Programs (OILP) is hosting quarterly calls with the network.

Tentative Schedule for Calls (coming soon)

April 3, 2020:

Compliance and Outcome Monitoring Protocol (COMP)

The Office of Independent Living Programs (OILP) uses a three-tier system to evaluate and monitor Center for Independent Living (CIL) grantees. Tier one includes a grantee dashboard completed over the course of the fiscal year. Tier two reviews focus on specific program(s) or fiscal issues. Tier three are comprehensive program and fiscal reviews. The Compliance and Outcome Monitoring Protocol (COMP) provides transparency and consistency in the oversight of CIL grantees, helps identify training, and technical assistance needs across the network.

The purpose of the COMP is to improve program performance. The OILP relies on the COMP to provide consistent federal oversight of CIL grantees. Grantees may use the COMP to understand program and fiscal requirements and to conduct self-evaluations. Non-federal reviewers will use the COMP as a resource to ensure consistency during onsite reviews.
Learn more and view COMP documents.

Compliance Reviews

FY2021 - TBD FY2020 FY2019
ACL conducted pilot desktop reviews. Pilot reports were not made public.

Statewide Independent Living Councils (SILCs)

Each state and U.S. territory is required to maintain a statewide independent living council (SILC). The Council and the Centers for Independent Living (CILs) within the state develop a State Plan for Independent Living (SPIL). The SPIL is a document required by law that indicates how the IL Network is going to improve independent living services for individuals with disabilities over the next three years. It identifies the needs and priorities of consumers, providers, and other stakeholders and sets forth goals and objectives to respond to them.

Having a strong network for independent living in a state or territory is crucial. Collaborating on the SPIL development can help create a cohesive and unified vision among all stakeholders who have an interest in issues that impact citizens with disabilities.

Funding Tables

See funding tables for federal grant funds, provided to each state, under Rehabilitation Act of 1973, As Amended by the Workforce Innovation and Opportunity Act (WIOA).

CIL, SILC, and DSE Guidance

FY 2017-2019 State Plan for Independent Living (SPIL): October 2018

Dear Colleagues,

ACL/ILA is in the process of revising the State Plan for Independent Living (SPIL) instrument and instructions. The ILA has engaged in extensive activities during the SPIL revision process that included engagement at SILC Congress and an external ILRU led workgroup comprised of SILC, CIL, NCIL, APRIL, DSE, ILRU, and ILA staff.

Sec. 704(a) of The Rehabilitation Act, as amended requires the review and revision of the SPIL, not less than once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the state for-

(A) the provision of independent living services in the state;

(B) the development and support of a statewide network of centers for independent living; and

(C) working relationships and collaboration between-

(i) centers for independent living; and

(ii)(I) entities carrying out programs that provide independent living services, including those serving older individuals;

(II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and

(III) entities carrying out other programs providing services for individuals with disabilities.

Because the new SPIL instrument will not be implemented prior to the expiration of the current SPILs, ILA is providing state networks guidance on the process to draft and submit for approval an FY2020 SPIL. State networks will have the option to make either (a) substantial and material changes or (b) technical amendments to the FY2017-FY2019 SPIL in order to develop an FY2020 SPIL.

These options are explained in the guidance Updates and Options for the FY2020 SPIL.

ILA is also please to provide a snapshot of SILC resource plan funding as reported to ILA by state networks for Year One ONLY of the FY2017-FY2019 SPIL. This chart is provided so that state networks can use one another as a resource to determine funding options to support SILC resource plans. Please note that SILCs have the opportunity to receive up to 30% of funds paid to the State for Subchapter B activities and Designated State Entities (DSEs) may receive up to 5%. Amounts in excess of these allowances must be reviewed and approved by the ILA project officer reviewing the SPIL.

ILA recommends that if there are specific questions about a SILC's resource plan amount or source of funding, contact that state's SILC for further discussion.

Thank you for your leadership in independent living and your prompt attention to this matter.

Bob Williams
Acting Commissioner, Administration on Disabilities
Director, Independent Living Administration

SILC Resource Plan: August 13, 2018

For a State to be eligible to receive financial assistance authorized by the Rehabilitation Act, as amended, Title VII, Chapter I, the State must establish and maintain a Statewide Independent Living Council (SILC). The State Plan for Independent Living (SPIL) provides for establishment of the SILC and a plan for funding the administrative costs of the SILC, referred to as the SILC resource plan. The SILC functions include monitoring, reviewing, and evaluating the implementation of the SPIL. It is critical that SILC autonomy over the SILC resource plan is recognized by the State as necessary to carry out the functions and authorities of the SILC.

ACL recognizes it may be helpful for SILCs, designated state entities (DSE), and other stakeholders to have a common understanding of the SILC resource plan and required SILC autonomy related to the resource plan. The following FAQ is intended to assist in developing a common understanding of the SILC resource plan and SILC autonomy. Download the FAQ on SILC Resource Plans.

Guidance on Changing CIL Executive Director: July 2, 2018

The Independent Living Administration (ILA) is pleased to provide guidance on the steps a CIL should follow when there is a change, or anticipated change of Executive Director. It is critical to the business activities of both the grantee and ACL that information about the Executive Director/Authorized Organizational Representative is always current and accurate. It is, therefore, important for grantees to have a clear understanding of the requirements associated with changes to the ED/AOR position. The attached FAQ and helpful checklist is provided to assist CILs and Boards in managing changes to ED/AORs.

- FAQ on CIL Executive Director Changes
- CIL Executive Director Changes Grantee Checklist (Updated May 2019)

Please feel free to reach out to your project officer if you have any follow up questions.

Dear Colleague Letter: October 27, 2017

I hope that all of you have enjoyed a relaxing and rejuvenating summer. As we look forward to the coming year, I want to update you on the priorities which I shared with many of you this July at the NCIL conference as well as urge your input on several matters.

On September 11th, ACL's new Administrator Lance Robertson and several of us on his team met with NCIL leadership to discuss his vision for the agency and key steps we will take to improve the stewardship and effectiveness of the IL programs. These include the following:
Subchapter C Funding Distribution:
In response to ongoing questions and concerns regarding how funding to the CILs is determined and how the funding formula is applied, we are developing a Subchapter C Funding Distribution FAQ to explain the process that ACL follows. We also will host a teleconference on the topic on October 19, 2017 at 1 pm EDT to explain the process as well as provide an opportunity for Q&A and offer feedback to ACL on how we can make the distribution process as easy to understand, fair and transparent as possible. The FAQ will be available prior to the teleconference. Please save the date and time. Further details on how to participate in the call will follow.
On Site Monitoring: I announced this summer, we will resume monitoring efforts late this fall. We have reviewed and are considering making changes to our monitoring protocol and our processes for assuring compliance. To get your feedback on what we are considering, we will be seeking a few CILs to volunteer to have us do on-site visits for the first few we conduct. Volunteering for an onsite review will provide an opportunity for a CIL to be reviewed according to the protocol and if necessary, receive extensive technical assistance in areas of non-compliance prior to a final report being issued. During this period, we will put the protocol through its paces, elicit your input, and make needed tweaks along the way. We will make as many visits moving forward as is reasonable and necessary. I am confident doing these visits, coupled with conducting comprehensive desk reviews and providing targeted technical assistance to CILs, will enhance our stewardship and the quality and value added that the entire network brings to the table. If your CIL, or two or more CILs, in a state would like to volunteer for an on-site visit, please contact your Project Officer by October 15.Indicators of SILC Minimum Compliance:
We are issuing today the attached Statewide Independent Living Council (SILC) indicators of minimum compliance required by WIOA and assurances applicable to both the SILCs and the Designated State Entities (DSEs). ILA will be consulting with the network to develop a plan on setting effective dates for both the indicators and assurances. Please take the opportunity to review and familiarize yourselves with their contents. The document is the product of extensive discussions and hard work by many in the IL Network, ILRU and my staff. We thank you for your joint efforts.

Indicators of CIL Minimum Compliance:

Many have inquired about our intent to issue similar indicators for CILs. Our position is that indicators of minimum compliance for Centers already exist in law and regulations. In the coming months, however, we will seek your input on the value of developing more succinct indicators and measurable outcomes for Centers and Statewide IL Networks. We will develop the questions on this and disseminate them to the network for your responses and suggestions shortly.
Program Performance Report:
As you know, ILA has published and received extensive comments on proposed changes to the Section 704 reporting requirements that Centers must meet annually. Or, what we now refer to as the CIL Program Performance Report (CIL PPR). We recently published a 30-day notice in the Federal Register indicating that we will continue to use the current instrument for the next year. This will allow us time to gather and incorporate additional ideas and recommendations on how we can best develop and use the CIL PPR to track and accurately capture the real life impacts and results that individual Centers and the network as a whole produce at the local, state, and national levels.

Beginning in late October, we will create a working group similar to the one we are using to help revise the State Plans for Independent Living (SPIL). We will provide information on how you can participate or otherwise have input into this discussion in the coming weeks. While the approach to revising the CIL PPR will be participatory, ACL proposes to use a process that it has successfully used for several previous redesigns. This process will be adapted as needed based on feedback from the working group and the network, but it generally involves:

Close review of previous materials to prevent duplicative efforts;

Developing a logic model for the Federal CIL program that shows the program resources/inputs, the broad categories of activities that are permissible under the grant program, possible output measures to show the level of each activity, and grantee results/outcomes for communities, populations /individuals as appropriate;

Based on the outputs and outcomes developed through the logic model process, discussing definitions and measures;

Selecting a few measures that best highlight the value of ACL's independent living program and are practical for grantees to collect and report; and

Creating a draft form that contains qualitative and quantitative measures, and statutory monitoring requirements.

More immediately, we are also on track to resume the regular timelines that PPR data is due in ACL Reporting (ACLR). CIL PPR and/or Independent Living Services (ILS) PPR data must be submitted in ACLR no later than 11:59PM December 31, 2017. Before the end of September, you will receive guidance to assist you in entering CIL PPR and/or ILS PPR data into ACL Reporting.
Highlighting and Building on Results:
One of the things that I hear most often when I speak to the board members, executive directors and staff of CILs and SILCs is your strong desire and recommendation that ACL do all we can to analyze and share the information and data we collect on the results the network helps bring about and ways we can improve on what we do. I want to thank you for expressing these sentiments because they speak volumes about the commitment you bring to your work, and I also want to update you on several steps we are taking on this front.

Your Project Officer (PO) is able to assist with specific program data queries. ACL-MIS holds network PPR data submitted through the FY15 project period. ACL-MIS also holds the 2017-2019 SPILs. ACLR holds network PPR data submitted beginning the project period ending FY16. Because multiple systems currently hold network data, a query request may require manual data retrieval. We thank you in advance for your patience while POs respond to data queries. In the next 6-9 months, those data can be made available on ACL's interim data presentation site www.AGID.ACL.Gov. We anticipate that the data could be available in early calendar year 2018.
First Annual Report on Centers for Independent Living:
As required by Title VII we will develop and issue the first annual report to the ACL Administrator regarding "the extent to which centers for independent living receiving funds under Subchapter C have complied with the standards and assurances set forth in section 725." As provided for in Section 710(d) of the Act, the report "may identify individual (CILs) ... and shall include ... the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under Subchapter C." We will issue the first of these reports this coming June. In the meantime, we will consult with the network and others on how we can best develop and disseminate the report each year in order to highlight the real life results Centers and the network as a whole achieve.
Emergency Preparedness and Management:
I know that all of us are concerned by the devastation that the recent hurricanes have brought and could still bring to States and Territories in their path. My staff and I are in regular touch with the Centers, SILCs and DSEs in the areas damaged by the storms. We will be working closely with them and the entire network in the coming weeks and months ahead to provide whatever guidance and assistance we can to enhance the flexibility and capacity of CILs and SILCs to engage in emergency preparedness, response, recovery mitigation efforts.

As you know in July this year we disseminated FAQs on the role of the IL network in all stages of emergency preparedness. We will be adding to these on an ongoing basis. If you have questions or points you believe should be answered or clarified on this topic, please let your Project Officer know so that we can consider how best to address it. I also encourage CILs and SILCs to jointly consider how these FAQs might be used to prepare for and respond to an emergency in your state and please consult with your Project Officer if you have questions or need assistance on this as well.

Thank you for your leadership and commitment to advancing the aims of independent living.

Bob Williams

Deputy Commissioner, Administration on Disabilities

Director, Independent Living Administration

Administration for Community Living

U.S. Department of Health and Human Services

FY 2017-2019 State Plan for Independent Living (SPIL):

State Plans for Independent Living (SPILs) show how federal, state, and other funds will be used to support the state's independent t living programs as well as collaborations with other partners in the state and other ACL grantees to enhance and expand service delivery and options for individuals with disabilities.

State Plans for Independent Living (SPILs) are submitted and can be reviewed in the ACL Management Information System. The SPIL must have been submitted no later than 11:59 PM EST on June 30, 2016. Instructions for completing the SPIL are found directly in the SPIL instrument.

The Workforce Innovation and Opportunity Act of 2014 (WIOA) amended the Rehabilitation Act and resulted in changes to the development of the SPIL. As a result of final IL regulations, amendments to the 2017-2019 SPILs will be necessary in some states. ACL is providing guidance to affected states. If you have questions about the SPIL instrument or submission, please contact the project officer for your state.

SILC-NET has developed several SPIL-related resources in coordination with ACL:

ILA PI-15-01 Selection of the Designated State Entity (DSE)

Issued: June 5, 2015
Revised: October 28, 2015

Legal and Related Authorities: Section 704 of the Rehabilitation Act of 1973, as Amended

Designated State Entity in the Workforce Innovation and Opportunity Act

The Independent Living Administration (ILA) provides the following guidance concerning the Designated State Entity (DSE) based on questions received. As part of the changes to the Rehabilitation Act (Rehab Act or Act) under the Workforce Innovation and Opportunity Act of 2014 (WIOA), the term "designated state entity (DSE)" is the agency that acts on behalf of the State for Title VII Part B programs.

The State Plan for Independent Living (SPIL) must designate the DSE. Under WIOA, the SPIL is jointly developed by the chairperson of the Statewide Independent Living Council, and the directors of the Centers for Independent Living in the state, after receiving public input from individuals with disabilities and other stakeholders throughout the state. The SPIL is signed by the chair of the Statewide Independent Living Council (SILC or Council), acting on behalf of and at the direction of the Council and at least 51 percent of the directors of the centers for independent living in the state. The SPIL is also signed by the director of the DSE. By signing the SPIL, the director of the DSE agrees to execute the responsibilities of the DSE identified in the law. The responsibilities are:

Receive, account for, and disburse funds received by the state based on the SPIL;

Provide administrative support services for a program under part B, and a program under Subchapter C in a case in which the program is administered by the state under section 723;

Keep such records and afford such access to such records as the Administrator (of ACL) finds to be necessary with respect to the programs;

Submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and

Retain not more than 5% of the funds received by the State for any fiscal year under Part B for the performance of the services outlined in paragraphs (1) through (4). See Section 704 (c) of the Rehabilitation Act, as amended, 29 U.S.C. 796c(c).

In order to have an approvable SPIL under the law, all three parties must sign.

All states currently have an approved SPIL that remains effective through fiscal year 2016. The SPIL continues to govern the provision of Independent Living Services in the state. Each state is expected to continue its support, including specified obligations, for an approved SPIL. A SPIL amendment is required when there are significant, material, and/or substantive changes to the information in the SPIL. A change in the entity designated to fill the role of the DSE requires a SPIL amendment, as ACL stated in previous Q&As (DOCX).

Under the current law, nothing prohibits the current DSU from being designated to serve as the new DSE. States that are contemplating a change in their DSE must ensure that the new DSE is capable and willing to carry out the legal and fiscal responsibilities of the DSE.

State Plan Amendment Process

A change in the DSE can only be effectuated when it is designated in the SPIL. As noted, a change of the DSE is a substantial and material change that requires an amendment of the SPIL.

Amendments to the SPIL must be submitted by the State to ACL. "To be eligible to receive financial assistance under this part, a State shall submit to the administrator, and obtain approval of, a State plan ...." Section 704(a)(1) of the Rehabilitation Act, as amended, 29 U.S.C. 796c(a)(1). Required steps include:

SILCs must hold public hearings to solicit input from individuals with disabilities and other stakeholders in the state.

Amendments must be signed by three parties: the chair of the SILC, acting on behalf of and at the direction of the SILC; and not less than 51 percent of the directors of the Centers in the state. The SPIL is also signed by director of the DSE to affirm their agreement to fulfill all the DSE responsibilities set forth in the law.

Before amending the SPIL, states should send a SPIL amendment request by email to their assigned IL Specialist. The SPIL amendment request should include, at a minimum:

The section(s) of the SPIL that the state proposes to amend, including both the existing approved language and the proposed amendment(s),

Anticipated timelines for each step, including public hearings and final submission,

Whether there will be a change in how funding is made available to the SILC resource plan, SILC placement, and staffing,

A statement regarding whether the changes fundamentally impact how the state intends to operate its IL programs,

A citation to or copy of any applicable state law or Executive Order that forms the basis for the proposed SPIL amendment, and

A statement confirming that the SILC chair, at least 51 percent of the Center directors in the state and the DSE director will sign the amendment.

All requests and attachments for the SPIL amendment process should be submitted in accessible PDF formats or as Word documents.

ILA encourages states to submit proposed SPIL amendment language for review before seeking stakeholder input through public hearings. Once all appropriate steps have been completed, including the public hearing for a SPIL amendment and the signatures of the appropriate parties, states should contact their assigned IL Specialist for instructions on final processes.

Frequently Asked Questions About Designated State Entities (DSEs)

1. What is the effective Date of the ACL Guidance issued on June 5, 2015?
A: The ACL guidance was effective the date it was issued. ILA PI-15-01 Selection of the DSE was effective June 5th, 2015.

2. What is the IL Network?
A: For the purpose of ACL and its guidance, the Independent Living Network or "IL Network" in each state includes: SILC, Part B and Subchapter C CILs, and the DSE. In some States, there may be more than one DSE, if there is a separate agency for the blind.

3. ACL encouraged SILCs to involve the DSE in the SPIL process. What does that mean?
A: The guidance encourages communication between the parties who are developing the SPIL and the DSE. The chairperson of the Statewide Independent Living Council (SILC) and directors of Centers for Independent Living (CILs) jointly develop the SPIL, consistent with the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), collaborating with IL consumers and the public. While the law removes the requirement that the DSE participate in the development of the SPIL, the DSE is one of the parties required to sign the SPIL. To put it another way, the DSE must sign in order to meet the requirements for an approvable plan. The DSE will continue to be responsible for administering Part B funds that they receive and disburse based on the SPIL, as required by law. Therefore, given the DSE's role in signing the SPIL, and carrying out its statutory responsibilities, the SILC should involve the DSE to promote the effective and efficient administration of the IL program.

4. Did WIOA change the duties of the DSE?
A: Yes, the DSE no longer has a responsibility to develop the SPIL. Though WIOA eliminates the director of the DSE from the SPIL development process, the DSE continues to be the agency that acts as the grantee on behalf of the State for Title VII Part B Independent Living Services programs authorized under Section 713 of the Act and the Subchapter C programs administered by the State under Section 723 of the Act. The general responsibilities of the DSE as required in the statute include:

Receive, account for, and disburse funds received by the State based on the SPIL;

Provide administrative support services;

Keep such records and afford such access to such records as ACL finds to be necessary with respect to the programs;

Submit additional information or provide assurances as ACL may require with respect to the programs; and

Retain not more than 5% of the Part B funds received by the State for any fiscal year, as required to perform the responsibilities above.

The DSE must also sign the SPIL.

5. Who selects the DSE?
A: The DSE is a governmental State entity that carries out the functions described in Q & A number 4 on behalf of the state. If the DSE does not carry out those functions, the state is legally responsible. Therefore, the state decides which governmental entity will serve as the DSE. To the extent that the SILC and CILs may engage in the DSE selection process under state and federal law, they may provide input to the state concerning the DSE. Such input may include a reminder to the State that the selection of a new DSE is a significant change to the SPIL. If the change in the DSE occurs during an active approved SPIL cycle, the SPIL amendment process must be followed to change the DSE. If the change coincides with the regular SPIL development cycle, the SPIL development process must be followed, and the SPIL must identify the new DSE. Both the SPIL amendment process and the SPIL development process require public hearings conducted by the SILC. The new DSE must be included in an approvable SPIL that is submitted in a timely manner in order for the State to receive funding.

6. Who should I contact regarding ideas for our IL Network in my State?
A: First, collaborate with the SILC members and Center directors. If you have further questions, including tips on collaborating with fellow ACL community partners and other stakeholders in your State, please contact your ILA point of contact for your State available on the ILRU website.

ACL Suggested Best Practices

ACL encourages the following best practices:

Because the director of the DSE must sign the SPIL to affirm agreement to execute the DSE's statutory responsibilities, ACL encourages SILCs and CILs to involve the DSE in the SPIL development process.

Section 704(i) of the Rehabilitation Act requires the SPIL to "set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among the ..." SILC, the CILs, the DSE, and other state agencies that address the needs of specific disability populations. ACL encourages incorporation of involvement of the DSE into the plan.

ACL encourages States* to involve the current and prospective DSE, Statewide Independent Living Councils and Centers for Independent Living in discussions around the designation of a State entity to receive and administer State Independent Living Services funds.

*"The term 'State' includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands." -Section 7(34) of the Rehabilitation Act, 29 U.S.C. 705.

SILC Indicators of Minimum Compliance and DSE Assurances

The Workforce Innovation and Opportunity Act (WIOA) of 2014 requires ACL to develop and publish indicators of minimum compliancefor Statewide Independent Living Councils (SILCs).

ILA issued the Statewide Independent Living Council (SILC) indicators and Designated state Entity (DSE) Assurances required by WIOA and assurances applicable to both the SILCs and the Designated State Entities (DSEs) on September 27, 2017. ILA will be consulting with the network to develop a plan on setting effective dates for both the indicators and assurances. Please take the opportunity to review and familiarize yourselves with their contents. The document is the product of extensive discussions and hard work by many in the IL Network, ILRU and my staff. We thank you for your joint efforts.

FAQ: Conflicts of Interest

FAQ: Conflicts of Interest
As part of the Administration for Community Living's (ACL) ongoing responsibility to ensure the proper stewardship of federal funds, the above frequently asked questions (FAQs) are intended to help grantees identify and avoid actual or perceived personal conflicts of interest. Per HHS Grant Policy, ACL grantees have an obligation to avoid actual or perceived personal conflicts of interest, including nepotism.

This guidance is intended to help ACL grantees understand when conflicts of interest may be a compliance risk. This FAQ is not a comprehensive guide to every circumstance that could be a violation of a grantee's obligation to avoid personal conflicts of interest. ACL grantees are responsible for understanding the full scope of their legal responsibilities as federal grantees and are strongly encouraged to reach out to ACL program officers with any questions related to conflicts of interest. For the purposes of these FAQs, a "grantee" includes employees acting on behalf of the grantee, and not in their individual capacity.
For purposes of this FAQ, a "Conflict of Interest" is a significant financial interest that could compromise or bias professional judgement and objectivity related to the management of federal financial assistance. A financial interest in this context means potential for gaining, losing, increasing or decreasing a salary, indebtedness, job offer, or other thing of monetary value.

FAQ: Allowable Advocacy Activities for Federal Grantees

FAQ: Allowable Advocacy Activities for Federal Grantees
The 1973 Rehabilitation Act as Amended ("the Rehab Act as Amended"), requires Centers of Independent Living (CILs) to perform Core Services, including systems advocacy (29 U.S.C §§ 705(17)(D) & 796f-4(b)(5); defined at 45 C.F.R § 1329.4). ACL and ILA have received several requests for guidance describing allowable advocacy activities to help ensure that CILs and other ACL grantees can best serve their target populations and meet their grant obligations without violating federal law.

Federal laws and regulations prohibit federal grantees, which includes recipients of funding related to the Rehab Act as Amended, from using federal funds to lobby government officials (18 U.S.C. § 1913; 31 U.S.C. § 1352; 2 C.F.R § 200.450).

We have provided the FAQs to help clarify how these laws function for ACL grantees. This guidance is intended to help ACL grantees better understand their rights and obligations. It is not a comprehensive guide to every circumstance that could be a violation of the regulations cited above. ACL grantees are responsible for understanding the full scope of their legal responsibilities as federal grantees, and are strongly encouraged to reach out to ACL program officers with any questions about the appropriate use of federal funds.

For the purposes of these FAQs, a "grantee" includes employees; board members; and council members acting on behalf of the grantee, and not in their individual capacity. Grantees should note that they may not act in their individual capacity while they are also operating in an official capacity. (For example, a grantee could not attend a meeting in an official capacity and avoid anti-lobbying regulations by claiming to speak briefly "in their individual capacity" or "in their personal opinion.")

FAQ on Independent Living Subchapter C Funding Distribution

Disaster Services Policy

Centers for Independent Living (CILs) and Statewide Independent Living Councils (SILCs) are increasingly playing a pivotal role in addressing the often daunting challenges individuals with disabilities and their families face during and following a disaster or other emergency. ACL recognizes the enormous importance of CILs providing inclusive emergency preparedness and disaster response services to the lives, health and independence of individuals with disabilities and their families. Plus, individuals with disabilities and their families need actions and planning before disasters. The Policy/Procedure is provided as guidance to assist in emergency preparedness and disaster response efforts. Download the Disaster Services Policy.

FAQ on Independent Living Services for Children and Youth with Disabilities

Dear Colleagues,

ACL is pleased to announce the release of Frequently Asked Questions on Independent Living Services for Children and Youth with Disabilities (Youth Services FAQ), which was developed in response to questions from grantees about the provisions for transitions of youth included in the Workforce Innovation and Opportunity Act of 2014 (WIOA).

WIOA added new "core services" to the missions of centers for independent living that include the transition of youth and young adults with disabilities to postsecondary life once they are no longer receiving a secondary education. WIOA defines youth with a disability to mean "an individual with a disability who is not younger than 14 years of age; and is not older than 24 years of age." ACL adopted this definition in the final IL regulation.

The Youth Services FAQ is intended to help explain this new core service and provide clarification to grantees about reporting of services provided to youth, which may differ depending on their eligibility for the new services or for other independent living services. We hope it will help centers for independent living design and provide these new core services. If you have specific questions regarding the implementation or reporting of youth services please contact the ILA project officer for your state.

Thank you,

Bob Williams

Director, Independent Living Administration

View this letter in PDF format.

Annual Reports

2019 Annual Report

On Monday, November 30, 2020, Commissioner of the Administration on Disabilities Julie Hocker submitted the 2019 annual report for the independent living programs, in accordance with Title VII, Chapter I, Part C in the Rehabilitation Act as amended. This report reflects the more than 200,000 individuals who in PY2019 benefited from community-based services to live independently in communities across our nation.

2018 Annual Report

On Monday, March 30, Commissioner of the Administration on Disabilities Julie Hocker submitted the 2018 annual report for the independent living programs, in accordance with Title VII, Chapter I, Part C in the Rehabilitation Act as amended.

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April 3, 2020 -- ACL is pleased to announce the Office of Management and Budget (OMB) has approved the New State Plan for Independent Living (SPIL) instrument and instructions. The new SPIL addresses changes to the Rehabilitation Act of 1973 that result from the Workforce Innovation and Opportunity Act of 2014, 29 U.S.C.

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Transitions to Independent Living | Move to Include | PBS LearningMedia

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There are options for people with intellectual disabilities to live on their own. Assisted living programs help connect adults to housing in the community and assist them in skill building to promote independence. Cori Piels describes her transition and goals for living on her own.

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For more than 15 years, Crystal Cartwright has been involved with the special needs community. Serving on many boards, she advocates within the special needs community.

Following a life changing event, she became a professional and believes that every family should have an opportunity to make sound decisions for the benefit of their future and their family's future... before a crisis arrives and without worry of cost.

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She and Loose Ends or Legacy can help you on the path to achieving that peace of mind for yourself and your loved ones.

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For more than 15 years, Crystal Cartwright has been involved with the special needs community. Serving on many boards, she advocates within the special needs community. Following a life changing event, she became a professional and believes that every family should have an opportunity to make sound decisions for the benefit of their future and their family's future...

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NEO Advocates | Disability Advocacy Empowered

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NEO Advocates Disability Advocacy Empowered Special Needs

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Welcome! The Organization for Autism Research (OAR) offers a scholarship program for students on the autism spectrum in addition to grant opportunities for professionals in the field of applied autism research. Read below for more information and to select the program most appropriate for you.
Scholarship Program
OAR's scholarship program provides $3,000 scholarships to students across the autism spectrum who will be pursuing post-secondary education during the academic year.

You may only apply to one OAR scholarship - either the Schwallie Family Scholarship, or the Lisa Higgins Hussman Scholarship. For more information on both of these programs, and to learn which scholarship you are eligible for, please refer to our Frequently Asked Questions (FAQ) page. If you have further questions, please contact scholarship@researchautism.org or call (703) 243-3466.
Research Funding Opportunities
OAR is the only autism organization that focuses solely on funding applied autism research. Applied research directly impacts the day-to-day quality of life of those with autism. The research pilot studies we fund examine issues affecting children and adults with autism spectrum disorders as well as their parents, families, teachers, and service providers. To apply for an OAR research grant, please select the appropriate competition below.

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Welcome! The Organization for Autism Research (OAR) offers a scholarship program for students on the autism spectrum in addition to grant opportunities for professionals in the field of applied autism research. Read below for more information and to select the program most appropriate for you.

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Job Seekers

The Federal Government is actively recruiting and hiring persons with disabilities. We offer a variety of exciting jobs, competitive salaries, excellent benefits, and opportunities for career advancement.

Hiring people with disabilities into Federal jobs is fast and easy. People with disabilities can be appointed to Federal jobs non-competitively through a process called Schedule A. Learn how to be considered for Federal jobs under the noncompetitive process. People with disabilities may also apply for jobs through the traditional or competitive process.

To find Federal jobs for which you can apply, use USAJOBS

Getting a Job

Learn the difference between the competitive and non-competitive hiring processes, how to use the Schedule A Authority, and how to conduct a job search in the Federal government.

Find a Selective Placement Program Coordinator

Most Federal agencies have a Selective Placement Program Coordinator, a Special Emphasis Program Manager (SEPM) for Employment of Adults with Disabilities, or equivalent, who helps to recruit, hire and accommodate people with disabilities at that agency.

Reasonable Accommodations

The Federal Government may provide you reasonable accommodation in appropriate cases. Requests are considered on a case-by-case basis.

Federal Agencies

As the Nation's largest employer, the Federal Government has a special responsibility to lead by example in including people with disabilities in the workforce. This website contains important information for federal agencies to use in recruiting, hiring, and retaining individuals with disabilities and targeted disabilities.

Background

On July 26, 2010, President Obama issued Executive Order 13548, which provides that the Federal Government, as the Nation's largest employer, must become a model for the employment of individuals with disabilities. The order directs Executive departments and agencies (agencies) to improve their efforts to employ Federal workers with disabilities and targeted disabilities through increased recruitment, hiring, and retention of these individuals. This is not only the right thing to do, but it is also good for the Government, as it increases the potential pool of highly qualified people from which the Federal Government draws its talent. Importantly, the Executive Order adopts the goal set forth in Executive Order 13163 of hiring 100,000 people with disabilities into the Federal Government over 5 years, including individuals with targeted disabilities.

The Executive Order also instructed the Director of the Office of Personnel Management (OPM), in consultation with the Secretary of Labor, the Chair of the Equal Employment Opportunity Commission (EEOC), and the Director of the Office of Management and Budget (OMB), to design model recruitment and hiring strategies for agencies to facilitate their employment of people with disabilities.

In addition to the Executive Order, federal agencies are obligated under the Rehabilitation Act of 1973, as amended to affirmatively employ people with disabilities. The specific requirements of this obligation are spelled out in the Equal Employment Opportunity Commission Management Directive (MD) 715.

Recruiting

This section contains recruiting information and resources for selective placement program coordinators, human resources professionals, managers and hiring officials.

Hiring

There are two types of hiring processes. In the non-competitive hiring process, agencies use a special authority (Schedule A) to hire persons with disabilities without requiring them to compete for the job. In the competitive process, applicants compete with each other through a structured process.

Retention

Retention is essential to making the investment of identifying and hiring people pay off. Learn helpful practices for retaining people with disabilities.

Providing Accommodation

In order to meet their accommodation obligations, agencies should think creatively about ways to make their workplace more accessible and create an environment where their employees who have disabilities can thrive. Here are some suggestions that relate specifically to reasonable accommodation issues.

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The Federal Government is actively recruiting and hiring persons with disabilities. We offer a variety of exciting jobs, competitive salaries, excellent benefits, and opportunities for career advancement. Hiring people with disabilities into Federal jobs is fast and easy. People with disabilities can be appointed to Federal jobs non-competitively through a process called Schedule A.

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U.S. Veterans with disabilities bring extraordinary talent and experience to the workforce, and employers are noticing. Veterans are encouraged to join abilityJOBS and are reminded to indicate service on profiles and resumes. Employers are searching!

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The leading employment site for job seekers with disabilities. Employers now hiring local, nationwide and international.

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Need to Post a Job? Post Job Powered By Hire Autism wants to help candidates like you find the right job. By registering with us, you'll not only have access to all the open jobs in your area, but you can make a unique profile to make sure you get noticed.

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NTACT:C | National Technical Assistance Center on Transition

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The Collaborative (NTACT:C) Supporting you to improve opportunities and outcomes for students and youth with disabilities

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Probate Court Resource Center

The Cuyahoga County Probate Court offers a Resource Center for self-represented parties. The purpose of this service is not to offer legal advice. The Resource Center is available to assist you with questions about a simple estate, guardianship or name change. This includes the general review of all Probate forms and procedures. Complicated estates or guardianships, drafting a will, trusts, adoption proceedings or any contested matter cannot be handled by the Resource Center; a referral would be made to the Cleveland Metropolitan Bar Association to obtain the name of a probate attorney.

The Resource Center is staffed by a licensed attorney. The Resource Center is open Monday through Thursday from 10 A.M. TO 3 P.M. To schedule an appointment please call (216) 443-8769. We are unable to accommodate walk-in appearances at this time.
All parties are limited to one visit per case.

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Probate Court Resource Center The Cuyahoga County Probate Court offers a Resource Center for self-represented parties. The purpose of this service is not to offer legal advice. The Resource Center is available to assist you with questions about a simple estate, guardianship or name change.

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Who We Are

About Us

Disability Rights Ohio is a non-profit corporation with a mission to advocate for the human, civil and legal rights of people with disabilities in Ohio.

Since October 2012, Disability Rights Ohio has served as Ohio's Protection and Advocacy (P&A) system and Client Assistance Program (CAP). It is governed by a Board of Directors, primarily consisting of people with disabilities and family members of people with disabilities.
See this in ASL
Our Vision

We envision a society in which people with disabilities are full and equal members, enjoy the rights and opportunities of all people, are self-directed, make decisions about where, how and with whom they will live, learn, work and play, have access to needed services and supports, and are free from abuse, neglect, exploitation and discrimination.

How We Help

At Disability Rights Ohio, we provide legal advocacy and rights protection to a wide range of people with disabilities. This includes assisting individuals with problems such as abuse, neglect, discrimination, access to assistive technology, special education, housing, employment, community integration, voting and rights protection issues.

Disability Rights Ohio is also Ohio's Protection and Advocacy System for Individuals with Mental Illness (PAIMI), which is guided by the PAIMI Advisory Council. In order to be as effective as possible with limited resources, Disability Rights Ohio must set priorities for our work each year.

"Valor is stability, not of legs and arms, but of courage and soul."

-Michel de Montaigne

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Midwest New Media, LLC - http://www.midwestnewmedia.com

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Disability Rights Ohio is a non-profit corporation with a mission to advocate for the human, civil and legal rights of people with disabilities in Ohio. Since October 2012, Disability Rights Ohio has served as Ohio's Protection and Advocacy (P&A) system and Client Assistance Program (CAP).

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The Law Offices of Agins & Gilman LLC - Just another WordPress site

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Agins & Gilman's practice is limited to the representation of people with disabilities, their family members and advocates. With a combined 60 years of experience practicing law, our attorneys enable clients to obtain the best possible results in the most efficient, practical and cost effective way.

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It's hard enough to figure out how to prepare for your own inevitabilities, let alone what to expect when handed a complex, life-altering situation. It may bring up issues and feelings you didn't know you had, or may be too anxious to discuss.

You don't have to do this all by yourself.

At Hickman & Lowder, we understand it can be scary and stressful to manage the challenges of securing a good life for yourself, for family with disabilities or special needs, and for elders. Rest assured, it's normal, even expected, to ask for help when something's not the way you want it to be. You know the relief you'll feel when you have a better understanding of your circumstances, and a way forward, with support, and options.

We can explore this terrain together, free of fear or pressure or judgment.
When you choose Hickman & Lowder, you connect to the real people, unique perspective, and focused planning that activates your vision for a secure future.
We are a group of lawyers and support staff impassioned by personal and professional experience to create a meaningful way to advocate for clients whose lives are complicated by special concerns. We know how hard it is to stand where you are standing. And we're with you all the way - open, fearless, and dedicated to your well-being.

The confidence you need and the respect and foundation you and your loved ones deserve are just a phone call away. Let's come together, and look forward.

Learn more about our Areas of Practice
Learn more about us, and our history of service
Learn about our attorneys and staff

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Clarity. Options. Support. Relief. - Hickman & Lowder Co., LPA

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What if there were an easy way to find balance, even in the face of big challenges? It's hard enough to figure out how to prepare for your own inevitabilities, let alone what to expect when handed a complex, life-altering situation. It may bring up issues and feelings you didn't know you had, or may [...]

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FIDUCIARY VS. BROKER WATCH VIDEO FINANCIAL PLANNING WEALTH MANAGEMENT OUR PROCESS OUR MISSION Cleveland Wealth, LLC is committed to assisting our clients in building and preserving wealth through

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The brief discusses guardianship issues and provides an outline of informal and legal support options for young adults (at least 18 years old) with intellectual disabilities. These options include guardianship, financial power of attorney, provisional guardianship, 90-day health care guardian, conservator, joint or trust fund account, health care durable power of attorney, and a waiver of confidentiality.

Got Transition Staff and Tina Campanella

National Health Care Transition Center

Tina Campanella and Got Transition Staff, Guardianship and Alternatives for Decision-Making Support, National Health Care Transition Center (2012), http://www.gottransition.org/UploadedFiles/Document/27/FA_GTFinalCompToSend.pdf.

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Guardianship and Alternatives for Decision-Making Support

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The brief discusses guardianship issues and provides an outline of informal and legal support options for young adults (at least 18 years old) with intellectual disabilities. These options include guardianship, financial power of attorney, provisional guardianship, 90-day health care guardian, conservator, joint or trust fund account, health care durable power of attorney, and a waiver of confidentiality.

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Supported Decision Making vs Guardianship

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Supported Decision Making vs Guardianship

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Supported Decision Making & the Problems of Guardianship

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VISIT OUR SUPPORTED DECISION MAKING RESOURCE LIBRARYGuardianship is a legal proceeding that strips an individual of multiple or ALL rights.

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Are You Teaching Financial Literacy To High School Students?

The teaching curriculum consists of fourteen lesson plans & worksheets designed to augment a semester course in life skills and personal finance management. The Teacher's Guide, compiled in a separate, easy-to-use notebook, includes an outline of the curriculum:

Goals

Lesson objectives

Suggested resources

Teaching notes

Chart indicating appropriate age groups for the key learnings offered in each lesson

Presentation slides

Worksheets

Answer keys to worksheets (when necessary)

Lesson One: Making Personal Finance Decisions

Each day, we are faced with many decisions. While most decisions are simple, such as "what should I wear?" or "what should I eat?," others are more complex, such as "should I buy a new or used car?" As decision-making skills are used and improved, a person's quality of life is enhanced. Wiser choices result in better use of time, money, and other resources. This introductory lesson provides students with an opportunity to learn more about decision-making. The lesson starts with an overview of the decision-making process followed by a discussion of various internal and external factors that affect decisions.
Teacher's Guide - Lesson One: Making Decisions Student Guide - Lesson One: Making Decisions Teacher's Slide Presentation - Lesson One: Making Decisions Teacher's Power Point Presentation - Lesson One: Making Decisions
Lesson Two: Making Money

Building your career is one of the surest ways to increase income and make money. When planning for the future, one of the most critical financial decisions is determining your career path. In this lesson, students will be encouraged to consider various topics related to career planning and the financial aspects of employment. This variation of the decision-making process can help a person match personal abilities and interests with appropriate employment opportunities.
Teacher's Guide - Lesson Two: Making Money Student Guide - Lesson Two: Making Money Teacher's Slide Presentation - Lesson Two: Making Money Teacher's Power Point Presentation - Lesson Two: Making Money
Lesson Three: The Art of Budgeting

A personal budget is a financial plan that allocates future income toward expenses, savings, and debt repayment. "Where does the money go?" is a common dilemma faced by many individuals and households when it comes to budgeting and money management. Effective money management starts with a goal and a step-by-step plan for saving and spending. Financial goals should be realistic, be specific, have a timeframe, and imply an action to be taken. This lesson will encourage students to take the time and effort to develop their own personal financial goals and budget.
Teacher's Guide - Lesson Three: The Art Of Budgeting Student Guide - Lesson Three: The Art Of Budgeting Teacher's Slide Presentation - Lesson Three: The Art Of Budgeting Teachers Power Point Presentation - Lesson Three: The Art Of Budgeting
Lesson Four: Living on Your Own

As young people grow up, a common goal is to live on their own. However, the challenges of independent living are often quite different from their expectations. This lesson provides a reality check for students as they investigate the costs associated with moving, obtaining furniture and appliances, and renting an apartment.
Teacher's Guide - Lesson Four: Living On Your Own Student Guide - Lesson Four: Living On Your Own Teacher's Slide Presentation - Lesson Four: Living On Your Own Teacher's Power Point Presentation - Lesson Four: Living On Your Own
Lesson Five: Buying a Home

For many, buying a home is the single most important financial decision they will make in their lifetime. However, the process of becoming a first-time homebuyer can be overwhelming, and requires a foundation for basic home-buying knowledge. This lesson will provide students with information on buying a home and where and how to begin the process. After comparing the differences between renting and buying, students will be introduced to a five-step process for home buying. This framework provides an overview for the activities involved with selecting and purchasing a home.
Teacher's Guide - Lesson Five: Buying A Home Student Guide - Lesson Five: Buying A Home Teacher's Slide Presentation - Lesson Five: Buying A Home Teacher's Power Point Presentation - Lesson Five: Buying A Home
Lesson Six: Banking Services

If the fee for an ATM transaction to withdraw money is $1 and a person withdraws money twice a week, the banking fees for that person will be $104 a year. Over a five-year period, those fees invested at five percent would grow to more than $570. Most students know that banks and other financial institutions (credit unions, savings and loan associations) offer a variety of services. However, few people know how to make wise choices when using financial services. In this lesson, students will learn about the different types of financial service products available and the features of each.
Teacher's Guide - Lesson Six: Banking Services Student Guide - Lesson Six: Banking Services Teacher's Slide Presentation - Lesson Six: Banking Services Teacher's Power Point Presentation - Lesson Six: Banking Services
Lesson Seven: Credit

In today's world, credit is integrated into everyday life. From renting a car to reserving an airline ticket or hotel room, credit cards have become a necessary convenience. However, using credit wisely is critical to building a solid credit history and maintaining fiscal fitness. While most students have a general idea about the advantages and disadvantages of credit, this lesson provides an opportunity to discuss these issues in more detail.
Teachers Guide - Lesson Seven: Credit Student Guide - Lesson Seven: Credit Teacher's Slide Presentation - Lesson Seven: Credit Teacher's Power Point Presentation - Lesson Seven: Credit
Lesson Eight: Credit Cards

What is APR? What is a grace period? What are transaction fees? These and other questions will be answered in this lesson as students learn about credit cards, and the different types of cards available and features of each, such as bank cards, store cards, and travel and entertainment cards.

As students start to shop for their first (or next) credit card, this lesson will make them aware of various costs and features. Included in this section is a discussion of the methods for calculating finance charges. Various federal laws protect our rights as we apply for and use credit cards, such as procedures for disputes and protection from card theft and fraud. In this lesson, students will also be given an opportunity to analyze the information contained on a credit card statement.
Teacher's Guide - Lesson Eight: Credit Cards Student Guide - Lesson Eight: Credit Cards Teacher's Slide Presentation - Lesson Eight: Credit Cards Teacher's Power Point Presentation - Lesson Eight: Credit Cards
Lesson Nine: Cars and Loans

"Should I buy a new car or a used car?" "Where is the best place to finance my automobile purchase?" "Is it better to take the rebate or the low-rate financing plan?" These are typical questions asked by people buying vehicles. In this lesson, students are asked to identify costs associated with owning and operating a motor vehicle. Since these costs are commonly underestimated, guidelines are provided on how much to spend when buying vehicles.
Teacher's Guide - Lesson Nine: Cars And Loans Student Guide - Lesson Nine: Cars And Loans Teacher's Slide Presentation - Lesson Nine: Cars And Loans Teacher's Power Point Presentation - Lesson Nine: Cars And Loans
Lesson Ten: The Influence of Advertising

In today's modern world, advertising seems to be everywhere we look; online, television, billboards, magazines, newspapers, on buses, grocery carts, even cell phones. In addition, some forms of advertising can be subliminal, such as the strategically-placed soda can in a movie. We can't help but be influenced and manipulated as consumers. In this lesson, students will become aware of the various techniques and appeals used to influence consumer behavior.
Teachers Guide - Lesson Ten: The Influence Of Advertising Lesson 10: The Influence of Advertising - High School Student Guide Teacher's Slide Presentation - Lesson Ten: The Influence Of Advertising Teacher's Power Point Presentation - Lesson Ten: The Influence Of Advertising
Lesson Eleven: Consumer Awareness

Decisions, decisions. With so many choices available to us, how can we be sure we're making the right decision? Wise consumer buying starts with a plan. Using a systematic purchasing strategy will provide students with an ability to make more effective purchases. Comparative shopping techniques will be discussed to encourage students to carefully consider price, product attributes, warranties, and store policies. Next, this lesson covers a variety of buying methods, such as buying clubs, shopping by phone, catalogs, online, and door-to-door selling.
Teacher's Guide - Lesson Eleven: Consumer Awareness Student Guide - Lesson Eleven: Consumer Awareness Teacher's Slide Presentation - Lesson Eleven: Consumer Awareness Teacher's Power Point Presentation - Lesson Eleven: Consumer Awareness
Lesson Twelve: Saving and Investing

Saving just 35 cents a day will result in more than $125 in a year. Small amounts saved and invested can easily grow into larger sums. However, a person must start to save. This lesson provides students with a basic knowledge of saving and investing. The process starts with setting financial goals. Next, a commitment to saving is discussed.
Teacher's Guide - Lesson Twelve: Saving And Investing Student Guide - Lesson Twelve: Saving And Investing Teacher's Slide Presentation - Lesson Twelve: Saving And Investing Teacher's Power Point Presentation - Lesson Twelve: Saving And Investing
Lesson Thirteen: In Trouble

The material in this lesson will help students become aware of the warning signs of financial difficulties. This lesson includes information on where to go for debt consolidation help and for nonprofit credit counseling.
Teacher's Guide - Lesson Thirteen: In Trouble Student Guide - Lesson Thirteen: In Trouble Teacher's Slide Presentation - Lesson Thirteen: In Trouble Teacher's Power Point Presentation - Lesson Thirteen: In Trouble
Lesson Fourteen: Consumer Privacy

In today's information age, keeping your personal financial information private can be challenging. What you put on an application for a loan, your payment history, where you make purchases, and your account balances are but a few of the financial records that can be sold to third parties and other organizations. This lesson, with attached budgeting activities, will encourage high school students to take the time and effort to develop their own personal financial goals and spending behaviors.
Teacher's Guide - Lesson Fourteen: Consumer Privacy Student Guide - Lesson Fourteen: Consumer Privacy Teacher's Slide Presentation - Lesson Fourteen: Consumer Privacy Teacher's Power Point Presentation - Lesson Fourteen: Consumer Privacy Supplementary Resources
In an effort to give you the most up-to-date information for teaching and making personal financial decisions, we've compiled the following lists of periodicals and organizations that can enhance your use of Practical Money Skills for Life.

More Resources for Students: The Cost of College

The cost to attend college has soared faster than almost any segment of the economy over the last 30 years. The average cost for students attending a public university is up 213% ($3,190 in 1988 to $9,970 in 2018), while private school is up 129% ($15,160 to $34,740) over the same time period.

That's the primary reason Americans are $1.4 trillion in debt on student loans.

The good news is that are hundreds of online sites offering tips on not just what it will cost, but what you can do to pay for it. So, take a deep breath and check out these sites that should help you find a college you can afford to attend.

www.collegecountdown.com: Asks and answers questions about actual costs of college, school that fit you financially and how to evaluate offers you receive from colleges.

Other Resources for Teachers

You will need Adobe Reader to view the PDF Download Adobe Reader

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Free Financial Literacy Lesson Plans for High School Teachers

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InCharge.org provides 14 free financial literacy lesson plans including Powerpoint Presentations, PDF workbooks, & student worksheets for high school teachers.

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Once you get the hang of it, budgeting is easy. However, there are a lot of ways you can get derailed from your budget. Here are some additional tips to help keep you on track with your budgeting.

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Budgeting Tips for Students - Great Lakes

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Once you get the hang of it, budgeting is easy. However, there are a lot of ways you can get derailed from your budget. Here are some additional tips to help keep you on track with your budgeting.

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The Accessibility of College Campuses for Students with Physical Disabilities

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I entered the fourth floor of the library, searching for my friend. When I found her, she was comparing torsos and leg lengths with another girl, Julia. "Sit up, you're the same height as almost all of my friends," Nora quipped. "Stand up, no I'm not" said Julia defiantly.

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College Programs - College Autism Spectrum

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Many post-secondary institutions around the country offer training and certification programs as well as individualized and group support services.

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ADHD symptom tests, ADD medication & treatment information, behavior & discipline advice, school & learning, organization help & more for families and individuals living with ADD/ADHD and comorbid conditions.

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We realize that college can be both an extremely fun and stressful time of life for anyone, and for those who have disabilities it can add a bit of additional financial and mental stress to the equation. This is precisely why we carefully crafted this helpful guide to various financial resources, discounts and savings opportunities, and travel tips for students with disabilities.

From the most important federal financial aid information to helpful deals to awesome free stuff, our list of discounts for disabled students will help take the focus off bank accounts and back onto studies. Disability discounts, tips, and information for travel, utilities, books, software, and assistive technologies are out there for disabled college students to use; don't miss out! There are plenty of opportunities for aid as well as lots of ways to save.

With over 10% percent of students heading to school with disabilities (11.1% in fact), we should all strive to ensure we're doing our best to make college life easier for special-needs, learning-disabled, or physically disabled students. This following list can help in the realm of finances to cut both financial costs and the associated unnecessary stress. The journey might be difficult, but it's certainly possible! Read on to discover all of the help that's already out there.

First off, let's cover the basics. There are quite a few federal financial aid programs available to all students who have a financial need. Here's a quick glossary of important financial aid terms.

Pell Grants: Undergraduate grants that don't need to be repaid

Stafford Loans: Graduate and undergraduate loans that must be repaid with a varied interest rate and can either be subsided or unsubsidized
Federal Subsidized Stafford Loans: Loans where the government pays the interest during certain grace periods such as deferments

PLUS Loans: Unsubsidized loans for a student's parents

Federal Supplemental Educational Opportunity Grants (FSEOG): Undergraduate grants of college students with disabilities or without, awarded by individual schools

Perkins Loans: Low-interest student loans for graduate or undergraduate students

Federal Work Study: Jobs available to undergraduate and graduate students to help them pay for expenses (more on this later)

These are some potential federal-backed loans and grants for disabled students:

College Scholarships for Students With Disabilities

Outside of federal and state financial resources for college students with disabilities, many large organizations offer scholarships exclusively for this group. Often, they merely require an application. Here are just a few highlights, but note that there are a ton of disability scholarships and grants out there. Check out this database as well.

Note that you can also search for scholarships and grants for college students with learning disabilities through the College Board.

Best Colleges for Students With Learning Disabilities or Physical Accessibility Needs

First off, no matter where you're searching, make sure that your potential college offers a comprehensive transition and post-secondary (CTP) program. This means that the college has a program approved by the U.S. Department of Education for working with learning-disabled students.
Check this list to make sure your school qualifies with a CTP program!
Federal Work-Study Job Options

Many students will wonder if they, as students with disabilities, can have access to work-study jobs. Luckily, there's some security against discrimination in that arena: Title II of the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973. Free services such as assistive technologies still apply to this situation.

There are plenty of jobs for college students with disabilities at most schools, from working in the library to tutoring other students; check your college's database for more information.

Potential Student Loan Disability Discharge

Students usually can get out of student loan debt just about as easily as trying to escape one of Houdini's traps, but there are a handful of specific situations in which an impairment leads to student loan forgiveness. Disability that's "total and permanent" can lead to a discharge. You'd need to prove your total and permanent disability, and student loans like those from the Perkins, FFEL, Direct Loan, and TEACH programs can be forgiven. This happens either through the U.S. Department of Veterans Affairs (VA) or the Social Security Administration or by obtaining a letter from a physician. Read about the process before you apply. Note that a tax hit often comes later, but it's not as severe as in years past.

Accommodations for Students With Disabilities and Other Considerations

Audio-recorded texts

Classroom equipment for those with manual impairments

Braille exam booklets

Distraction-free rooms

Screen readers

Extended time for testing

Wheelchair-accessible test space

An important and unavoidable fact of college life is travel. Whether it's studying abroad, broadening your horizons at home, or just commuting back and forth from your parents' house occasionally, travel discounts for disabled passengers should be taken advantage of ahead of time.

Studying is important, and like any other person attending college, those with disabilities will also need a break to avoid burnout too. Luckily there are lots of cheap and free things for disabled persons of all ages to enjoy.

The America the Beautiful Pass is completely a free disability pass for national parks in the United States. That includes everything from the Grand Canyon to the Statue of Liberty to Yellowstone.

Passes are also available for state parks across the country:

If you're a disabled student studying abroad in the UK, DisabledGo rates locations based on their accessibility. The UK Cinema Association also offers complementary movie tickets for participating cinemas.

Always check with your local museum for either student discounts or disability discounts; most will have at least some discount for you! The Met in New York City has specific tours designed for those with disabilities, like "touching tours" for those who are blind. The Jewish Museum, also in NYC, caters to many different kinds of visitors as well.

Theme parks like Disney's and SeaWorld offer special services to guests with special needs; this might not include a discounted ticket, but it's nice to know!

There aren't exactly a lot of freebies for disabled college students out there, but there are a lot of tools that aren't as expensive and can make life a lot easier, whether it's a free speech-to-text app or a discounted wheelchair. Here are some resources for students with disabilities you should know about.

Helpful Software for Students With Disabilities

If you have Windows, you have free Ease of Access settings, which include easier navigation, narrators, and a better eye control experience.

If you have macOS, you have the free Accessibility suite, which includes controlling the device with Siri, using text to speech, and numerous other settings.

Beyond the built-in tools of the operating systems, there's a wide array of mobile apps and software for the disabled out there. Here are some of the most helpful options:

Augsburg University has a great list of more software and tools by disability, and there are plenty more beyond that as well.

Free Audiobooks and Braille Books

Textbooks can be a pain to get in an alternate form, but here are some important resources to try. Don't forget that a PDF of your textbook can usually be used with a screen-reader!

This is an e-book library that's also for those with reading and learning disabilities as well as physical or visual impairments. It's free for those who qualify.

Discount Disability Equipment and Free Computers

The Accessible Technology Coalition has a massive list of assistive technology for cognitive impairments, physical disabilities, and those with vision or hearing loss. There are so many different appliances that an individual might use or need, and often, they're very expensive. Luckily, there are resources where one can find free appliances for disabled people, discount wheelchairs, free tablets, or accessibility tools. Sometimes, these discounts come in the form of grants, and sometimes, the benefit can be a cheaper version of what's already available.

Note that if a student can't get a grant, many companies still offer student discounts on products and software, like Apple and Adobe.

Other Cool Tech to Know About

These tools aren't discounted, but they're awesome resources for equipment that you might not know about that may make your life a lot easier!

The Dot Watch is a Braille smartwatch. How cool is that?

Shop around on AssistiveTech.Net and RJ Cooper & Associates to see new products and reviews for them.

Discount Phone and Internet Service

Lifeline: This is a federal benefit that lowers the cost of phone and Internet services, including $9.25/month toward each bill. It's for low-income families, including those who use SNAP, Medicaid, or Supplemental Security Income (SSI) or earn under 135% of the poverty line. Here's more information about it. There are many participating companies, such as these:

The Telecommunications Equipment Distribution Program Association (TEDPA): This program offers free landline phone service for disabled people who are hard of hearing.

Heat/Energy Assistance

Other Bills

Tips for Finding More Deals for Disabled College Students

Beyond these programs and discounts for disabled adults, look up coupons and deals for more ways to save. There are plenty of coupons and deals for college students that can be taken advantage of, from getting The New York Times at a discounted academic rate, to a student-priced Amazon Prime subscription, to Upromise's cash-back program for paying off student loans, lots of discount opportunities exist. Just seek them out, and never be afraid to ask in-person, over the phone or email, or even on social media!

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Financial Resources and Discounts for Students With Disabilities

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We realize that college can be both an extremely fun and stressful time of life for anyone, and for those who have disabilities it can add a bit of additional financial and mental stress to the equation. This is precisely why we carefully crafted this helpful guide to various financial resources, discounts and savings opportunities, and travel tips for students with disabilities.

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Here you will find curated resources on some of the most critical topics in inclusive postsecondary education. Each page features selected key resources, a link to additional resources we have on the topic in our Resource Library, related external links and Frequently Asked Questions on the topic.

Click any state on the map to see information on activities related to postsecondary education for students with intellectual disability (ID) in that state. If there are policies and/or legislation related to postsecondary education for students with ID, we provide a link to that policy/legislation. If there is a statewide organization for inclusive PSE in your state, a link to information about that organization is provided. We also include contact information for someone in the state who can talk to you about postsecondary education for students with ID.

Think College is dedicated to developing, expanding, and improving inclusive higher education options for people with intellectual disability. We conduct and extend our work through several specific grant funded projects. Click the project logo to learn more about that project and its key activities, staff and resources.

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Think College is a national initiative dedicated to developing, expanding, and improving research and practice in inclusive higher education for students with intellectual disability. It is based at the Institute for Community Inclusion, University of Massachusetts Boston.

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Transition Network includes Work-Study Coordinators, Vocational-Special Education Coordinators, Job Training Coordinators, Transition Coordinators, and Career Assessment Specialists from school districts throughout Cuyahoga County.

These coordinators meet four times a year to update their skills and knowledge in the area of transition planning for youth with disabilities. Speakers present on the most recent findings and protocols, and coordinators have an opportunity to develop collaborative activities with colleagues from other districts. The goal is to share best practice information that can be used to promote successful outcomes for students with disabilities.

August 31, 2021 (virtual)

December 14, 2021 (hybrid)

March 15, 2022 (hybrid)

May 10, 2022 (hybrid)

All meetings are from 10:00 am - 11:30 am

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Transition Network includes Work-Study Coordinators, Vocational-Special Education Coordinators, Job Training Coordinators, Transition Coordinators, and Career Assessment Specialists from school districts throughout Cuyahoga County. These coordinators meet four times a year to update their skills and knowledge in the area of transition planning for youth with disabilities.

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An ABLE account for those with an eligible disability who want to save and invest for a better life, achieve financial empowerment and prepare for a more independent future.

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This is a for profit business. NEO Advocates does not endorse this business.

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Special Needs Financial Planning is an independent, full-service financial and wealth management practice. Our goal is to provide you with superior, comprehensive financial and wealth management services in the context of a personal, long-term commitment.

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Ohio Coalition for the Education of Children with Disabilities (OCECD)

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Ohio Coalition for the Education of Children with Disabilities (OCECD)

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Ohio Coalition for Education of Children with Disabilities works with parents to help them obtain the assistance they need. If you need one-to-one assistance, call (740) 382-5452 or email us at The Ohio Coalition for the Education of Children with Disabilities (OCECD) is a statewide nonprofit organization that serves families of infants, toddlers, children and youth with disabilities in Ohio, educators and agencies who provide services to them.

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ohio center for autism and low incidence

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Ohio Center for Autism and Low Incidence

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Ohio Center for Autism and Low Incidence

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ASAN partnered with the Family Network on Disabilities to produce Roadmap to Transition: A Handbook for Autistic Youth Transitioning to Adulthood. This plain language handbook was created to help young autistic people understand and plan for their transition to adult life.

Roadmap can be used in different ways. Chapters 2-6 lay the groundwork for understanding and preparing for transition. These chapters cover:

self-determination and self-advocacy

legal rights

how to make a transition plan

how to get supports, and

what supported decision-making is and how to use it.

Chapters 7-10 are content chapters. These chapters give in-depth information about the different things you'll need to think about as you go through transition planning. While each of these chapters focuses on a different topic, they all have sections about the important laws you should know and how that topic fits into your transition plan. The topics covered in these chapters are:

post-secondary education

employment

housing and independent living, and

health care.

While Roadmap's primary audience is transition-age youth, the handbook can be used as a general resource by autistic people at any stage of life. We are also currently developing a version of this resource that is not specific to transition.

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Roadmap to Transition: A Handbook for Autistic Youth Transitioning to Adulthood

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ASAN partnered with the Family Network on Disabilities to produce Roadmap to Transition: A Handbook for Autistic Youth Transitioning to Adulthood. This plain language handbook was created to help young autistic people understand and plan for their transition to adult life. Roadmap can be used in different ways.

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Age Appropriate Transition Assessments (AATA)

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Age Appropriate Transition Assessments (AATA)

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Law Facts: Financial Powers of Attorney | Ohio State Bar Association

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Reproduction and ordering information
U.S. Department of Education
Arne Duncan
Secretary

Office for Civil Rights
Russlynn Ali
Assistant Secretary

First published July 2002. Reprinted May 2004.
Revised September 2007. Revised September 2011.

U.S. Department of Education
Office for Civil Rights
Washington, D.C. 20202
September 2011
More and more high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, two- and four- year colleges, and universities. As a student with a disability, you need to be well informed about your rights and responsibilities as well as the responsibilities postsecondary schools have toward you. Being well informed will help ensure you have a full opportunity to enjoy the benefits of the postsecondary education experience without confusion or delay.

The information in this pamphlet, provided by the Office for Civil Rights (OCR) in the U. S. Department of Education, explains the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This pamphlet also explains the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure the school does not discriminate on the basis of disability.

OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which prohibit discrimination on the basis of disability. Practically every school district and postsecondary school in the United States is subject to one or both of these laws, which have similar requirements.*/

Although Section 504 and Title II apply to both school districts and postsecondary schools, the responsibilities of postsecondary schools differ significantly from those of school districts.

Moreover, you will have responsibilities as a postsecondary student that you do not have as a high school student. OCR strongly encourages you to know your responsibilities and those of postsecondary schools under Section 504 and Title II. Doing so will improve your opportunity to succeed as you enter postsecondary education.

The following questions and answers provide more specific information to help you succeed.
As a student with a disability leaving high school and entering postsecondary education, will I see differences in my rights and how they are addressed?
Yes. Section 504 and Title II protect elementary, secondary, and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education (FAPE) to each child with a disability in the district's jurisdiction. Whatever the disability, a school district must identify an individual's educational needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.

Unlike your high school, however, your postsecondary school is not required to provide FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient, and accessible housing to students with disabilities at the same cost.

Other important differences that you need to know, even before you arrive at your postsecondary school, are addressed in the remaining questions.
May a postsecondary school deny my admission because I have a disability?
No. If you meet the essential requirements for admission, a postsecondary school may not deny your admission simply because you have a disability.
Do I have to inform a postsecondary school that I have a disability?
No. But if you want the school to provide an academic adjustment, you must identify yourself as having a disability. Likewise, you should let the school know about your disability if you want to ensure that you are assigned to accessible facilities. In any event, your disclosure of a disability is always voluntary.

What academic adjustments must a postsecondary school provide?

The appropriate academic adjustment must be determined based on your disability and individual needs. Academic adjustments may include auxiliary aids and services, as well as modifications to academic requirements as necessary to ensure equal educational opportunity. Examples of adjustments are: arranging for priority registration; reducing a course load; substituting one course for another; providing note takers, recording devices, sign language interpreters, extended time for testing, and, if telephones are provided in dorm rooms, a TTY in your dorm room; and equipping school computers with screen-reading, voice recognition, or other adaptive software or hardware.

In providing an academic adjustment, your postsecondary school is not required to lower or substantially modify essential requirements. For example, although your school may be required to provide extended testing time, it is not required to change the substantive content of the test. In addition, your postsecondary school does not have to make adjustments that would fundamentally alter the nature of a service, program, or activity, or that would result in an undue financial or administrative burden. Finally, your postsecondary school does not have to provide personal attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature, such as tutoring and typing.
If I want an academic adjustment, what must I do?
You must inform the school that you have a disability and need an academic adjustment. Unlike your school district, your postsecondary school is not required to identify you as having a disability or to assess your needs.

Your postsecondary school may require you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following those procedures. In their publications providing general information, postsecondary schools usually include information on the procedures and contacts for requesting an academic adjustment. Such publications include recruitment materials, catalogs, and student handbooks, and are often available on school websites. Many schools also have staff whose purpose is to assist students with disabilities. If you are unable to locate the procedures, ask a school official, such as an admissions officer or counselor.
When should I request an academic adjustment?
Although you may request an academic adjustment from your postsecondary school at any time, you should request it as early as possible. Some academic adjustments may take more time to provide than others. You should follow your school's procedures to ensure that the school has enough time to review your request and provide an appropriate academic adjustment.

Do I have to prove that I have a disability to obtain an academic adjustment?

Generally, yes. Your school will probably require you to provide documentation showing that you have a current disability and need an academic adjustment.

What documentation should I provide?

Schools may set reasonable standards for documentation. Some schools require more documentation than others. They may require you to provide documentation prepared by an appropriate professional, such as a medical doctor, psychologist, or other qualified diagnostician. The required documentation may include one or more of the following: a diagnosis of your current disability, as well as supporting information, such as the date of the diagnosis, how that diagnosis was reached, and the credentials of the diagnosing professional; information on how your disability affects a major life activity; and information on how the disability affects your academic performance. The documentation should provide enough information for you and your school to decide what is an appropriate academic adjustment.

An individualized education program (IEP) or Section 504 plan, if you have one, may help identify services that have been effective for you. This is generally not sufficient documentation, however, because of the differences between postsecondary education and high school education. What you need to meet the new demands of postsecondary education may be different from what worked for you in high school. Also, in some cases, the nature of a disability may change.

If the documentation that you have does not meet the postsecondary school's requirements, a school official should tell you in a timely manner what additional documentation you need to provide. You may need a new evaluation in order to provide the required documentation.
Who has to pay for a new evaluation?
Neither your high school nor your postsecondary school is required to conduct or pay for a new evaluation to document your disability and need for an academic adjustment. You may, therefore, have to pay or find funding to pay an appropriate professional for an evaluation. If you are eligible for services through your state vocational rehabilitation agency, you may qualify for an evaluation at no cost to you. You may locate your state vocational rehabilitation agency at http://rsa.ed.gov by clicking on "Info about RSA," then "People and Offices," and then "State Agencies/ Contacts."
Once the school has received the necessary documentation from me, what should I expect?
To determine an appropriate academic adjustment, the school will review your request in light of the essential requirements for the relevant program. It is important to remember that the school is not required to lower or waive essential requirements. If you have requested a specific academic adjustment, the school may offer that academic adjustment, or it may offer an effective alternative. The school may also conduct its own evaluation of your disability and needs at its own expense.

You should expect your school to work with you in an interactive process to identify an appropriate academic adjustment. Unlike the experience you may have had in high school, however, do not expect your postsecondary school to invite your parents to participate in the process or to develop an IEP for you.
What if the academic adjustment we identified is not working?
Let the school know as soon as you become aware that the results are not what you expected. It may be too late to correct the problem if you wait until the course or activity is completed. You and your school should work together to resolve the problem.
May a postsecondary school charge me for providing an academic adjustment?
No. Nor may it charge students with disabilities more for participating in its programs or activities than it charges students who do not have disabilities.
What can I do if I believe the school is discriminating against me?
Practically every postsecondary school must have a person-frequently called the Section 504 Coordinator, ADA Coordinator, or Disability Services Coordinator-who coordinates the school's compliance with Section 504,Title II, or both laws. You may contact that person for information about how to address your concerns.

The school must also have grievance procedures. These procedures are not the same as the due process procedures with which you may be familiar from high school. But the postsecondary school's grievance procedures must include steps to ensure that you may raise your concerns fully and fairly, and must provide for the prompt and equitable resolution of complaints.

School publications, such as student handbooks and catalogs, usually describe the steps that you must take to start the grievance process. Often, schools have both formal and informal processes. If you decide to use a grievance process, you should be prepared to present all the reasons that support your request.

If you are dissatisfied with the outcome of the school's grievance procedures or wish to pursue an alternative to using those procedures, you may file a complaint against the school with OCR or in a court. You may learn more about the OCR complaint process from the brochure How to File a Discrimination Complaint with the Office for Civil Rights, which you may obtain by contacting us at the addresses and phone numbers below, or at http://www.ed.gov/ocr/docs/howto.html.

If you would like more information about the responsibilities of postsecondary schools to students with disabilities, read the OCR brochure Auxiliary Aids and Services for Postsecondary Students with Disabilities: Higher Education's Obligations Under Section 504 and Title II of the ADA. You may obtain a copy by contacting us at the address and phone numbers below, or at http://www.ed.gov/ocr/docs/auxaids.html.

Students with disabilities who know their rights and responsibilities are much better equipped to succeed in postsecondary school. We encourage you to work with the staff at your school because they, too, want you to succeed. Seek the support of family, friends, and fellow students, including those with disabilities. Know your talents and capitalize on them, and believe in yourself as you embrace new challenges in your education.

To receive more information about the civil rights of students with disabilities in education institutions, you may contact us at :

Customer Service Team
Office for Civil Rights
U.S. Department of Education
Washington, D.C. 20202-1100

Phone: 1-800-421-3481
TDD: 1- 877-521-2172
Email: ocr@ed.gov
Web site: www.ed.gov/ocr

*/ You may be familiar with another federal law that applies to the education of students with disabilities-the Individuals with Disabilities Education Act (IDEA). That law is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. The IDEA and its individualized education program (IEP) provisions do not apply to postsecondary schools. This pamphlet does not discuss the IDEA or state and local laws that may apply.

This publication is in the public domain. Authorization to reproduce it in whole or in part is granted. The publication's citation should be: U.S. Department of Education, Office for Civil Rights, Students With Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities, Washington, D.C., 2011.
To order copies of this publication,
Write to : ED Pubs Education Publications Center, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304.

or fax your order to: 703-605-6794;

or e-mail your request to: edpubs@inet.ed.gov;

or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). Those who use a telecommunications device for the deaf (TDD) or a teletypewriter (TTY), should call 1-877-576-7734. If 877 service is not yet available in your area, you may call 1-800-872-5327 (1-800-USA-LEARN).

or order online at http://edpubs.gov.

This publication is also available on the Department's Web site at http://www.ed.gov/ocr/transition.html. Any updates to this publication will be available on this website.

On request, this publication can be made available in alternate formats, such as Braille, large print. or computer diskette. For more information, you may contact the Department's Alternate Format Center at 202-260-0852 or 202-260-0818. If you use TDD, call 1-800-877-8339.

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disabilities; postsecondary education; college preparation; special education; universities; civil rights; disabled student services; transition; americans with disabilities act; academic adjustments

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Students with Disabilities Preparing for Postsecondary Education

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This pamphlet contains information for high school students with disabilities who plan to continue their education in postsecondary schools.

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Publication summary: This booklet offers a brief, non-legalistic overview of estate planning options or people with disabilities and their families in Ohio. Written by Logan K. Philipps, Esq. & William K. Root, Esq. and published by the Ohio Developmental Disabilities Council. (Published June 2020)
Publication formats:
Take a look at the booklet!

Text only version

About the Ohio Developmental Disabilities Council

The Ohio Developmental Disabilities Council (ODDC) is a planning and advocacy group of over 30 members appointed by the Governor. The ODDC receives and disseminates federal funds in the form of grant projects in order to create new ideas, pilot new approaches, empower individuals and families, and advocate for systems change to more fully include people with disabilities in their communities.

Forward

It is our pleasure to offer this book to the community. Building on the prior version written by David Zwyer, this book offers a comprehensive overview of estate planning for individuals in the disability community: persons with disabilities, their families and others. We hope this book will help people understand the strategies available to plan for an individual with a disability, eliminate the myths surrounding estate planning and provide guidance so that all individuals in Ohio live as happily, productively, and independently as possible.

Estate Planning is an important step in gaining and maintaining control over our affairs. It is especially important for families who have loved ones who have a disability, which affects their ability to control their own person or affairs.

This book is not legal advice, but instead offers general information that may or may not be applicable to any one situation. A competent professional should be consulted about specific situations and choosing the correct strategies for each unique situation.

Over the years, we have provided information to individuals, parents, friends, and relatives, about estate planning for individuals with disabilities. This book contains a description of some of the most common estate planning terms, along with questions we have been asked and the answers we give.

Best,
Logan Philipps and Bill Root

Table of Contents

INTRODUCTION

ESTATE PLANNING

PARENTS OF CHILDREN WITH A DISABILITY

PERSONS WITH DISABILITIES

MEDICAID

TRUSTS

STABLE ACCOUNTS

FINAL THOUGHTS

ABOUT THE AUTHORS

Introduction

What is special needs planning?

Special needs planning is estate and financial planning when a disability is involved. Special needs planning combines planning for assets, Guardianship, and alternatives to Guardianship. In 2018, the DD Council published a book entitled Guardianship in Ohio that described Guardianship and alternatives. There is a natural overlap between this book and that one. Individuals seeking information about Guardianships, Powers of Attorney, Health Care Directives, etc. should consult that book available at www.ddc.ohio.gov.

Estate Planning

What is an estate?

There is a common misconception that "estates" are exclusive to the wealthy. Most people do not realize what actually makes up an "estate." An estate includes everything a person owns in his or her own name individually or with another person or persons, everything payable to him or her, and everything controlled by that person. An estate can be comprised of a residence, cash, stocks, bonds, and other investments, as well as any ownership, full or partial, of a business. An estate also includes any retirement plans, such as IRAs and 401ks, and life insurance death benefits. It even includes personal property such as vehicles, collectibles, and other treasured items. A home owned by an individual, no matter how large or small or how much mortgage debt is owed, is part of an estate.

What is estate planning?

WealthCounsel, a national organization of estate planning attorneys, provides the following description of estate planning:

"I want to control my property while I am alive and well, care for myself and my loved ones if I become disabled, and be able to give what I have to whom I want, the way I want, and if I can, I want to save every last tax dollar, attorney fee, and court cost possible."

Why is estate planning essential for all individuals in the disability community?

Many individuals with disabilities need to maintain eligibility for public benefits like Medicaid and Supplemental Security Income (SSI) in order to maintain an independent, happy life. Many of these benefit programs limit eligibility to individuals who have under $2,000 in assets.

This book is intended to help people with disabilities and those who love them plan for the future. For family members with loved ones with disabilities, estate planning usually means, "how can I make sure my child is cared for when I am gone?"

For individuals with disabilities, estate planning means, "how do I control my property and make sure I stay eligible for benefits, and how do I give what I have to who I want when I die?"

What are some of the most common misconceptions about estate planning?

Here are the "Great Myths," as we call them:

Myth 1: My estate isn't large enough to need estate planning.

Reality: If your estate is fairly small, it will likely suffer a greater percentage of shrinkage from final expenses, probate costs, and so on, than will a larger estate. In addition, any amount not properly planned for may adversely impact an individual with a disability.

Myth 2: Most people just have a will; that's all I need.

Reality: Depending upon whose statistics you read, only about 40 to 60 percent of the population has a will, and it's true that a will is a must in every estate plan. A "standard" will is not sufficient on its own to plan for a person with a disability, and it will not help you avoid probate court.

Myth 3: I don't need an estate plan. I will disinherit my child with a disability and let his or her sibling take care of him or her with the money I leave them. (Explained more fully later in this book.)

Reality: Even through no fault of his or her own, a sibling may lose the money that was intended to care for their sibling with a disability. A sibling could be sued, could get a divorce, could become incompetent and be forced to spend those assets to qualify for benefits themselves. Without an estate plan, there is no assurance that after you are gone, money you planned for your child with disabilities and left to a sibling for that child's benefit will be used the way you want it to be used.

What are the traditional methods of estate planning?

Before discussing estate planning specific to the disability community, it is important to explain some of the common estate planning concepts. There are five techniques that are traditionally used in basic estate planning, and everyone, in some manner, is using at least one of these techniques.

Intestacy. A majority of Americans die without a will or a trust. This is called intestacy. Intestacy is considered a method of estate planning because by leaving no will, a person's assets will be distributed according to the laws of the state in which the person resided. Assets that pass by intestacy go through a probate process called administration which is almost identical to the probate process for a Last Will and Testament. Many assets will not go through probate administration because even though a person may die without a will or trust, they have done estate planning without even knowing it because of the next two types of planning.

Joint Tenancy with Right of Survivorship. There are different ways that people own assets, one of which is joint tenancy with right of survivorship. Joint tenancy means that two people own something together. The right of survivorship means that the survivor acquires the entire interest in the property upon the death of the other joint tenant.

Because a joint tenant's interest automatically passes by law to the surviving joint tenant at death, its ownership is not controlled by that deceased joint tenant's will or by the law of Ohio if intestate. For example, suppose Bob and David own a piece of property as joint tenants with right of survivorship. Bob intends for his son to inherit all his property at his death. When Bob dies, despite the fact that his will states that upon his death all of his property should go to his son, David will own the entire property by himself and Bob's son will not inherit it.

Beneficiary Designations. Some types of property pass, at the death of their owners, to those listed in their beneficiary designations. Life insurance policies, annuities, individual retirement accounts (IRA), qualified retirement accounts, and pension plans are examples of these types of property.

The advantage of having named beneficiaries is that the property avoids probate. The disadvantage is that because the proceeds from beneficiary-designation property pass directly to the named beneficiaries and are not controlled by terms in a will or trust, the proceeds may not pass to whom the owner wants or in the way he or she wants. Like joint ownership, beneficiary designations supersede the terms of a will or intestate administration.

Will-Planning Probate. A Last Will and Testament is a legal document that describes how a person wants his or her estate distributed at death. Many people plan their estates by creating a Last Will and Testament.

Unfortunately, wills have major disadvantages: (1) A will does not control how or when all of the will-maker's property is distributed outside of probate. See the previous sections describing property owned in joint tenancy with another person, life insurance proceeds, and retirement, etc; (2) A will guarantees probate court involvement and consequently is not private. Upon the will-maker's death, the will must be fi led with the probate court in order to be administered, where it becomes a public document. The will, along with all the person's assets controlled by it, can be viewed very easily by anyone interested - usually by simply performing a computer search.

A will that directs assets to a person with disabilities is problematic and may require that those assets be placed under the control of a guardian and then placed in a special needs trust for the benefit of the person with disabilities that is subject to control by the probate court for the child's lifetime, resulting in unnecessary expense and red tape.

Living Trust. A Living Trust is a document that instructs how assets are to be distributed. A Living Trust is an agreement that a Trustee will hold property and distribute property as instructed by the trustmaker for the benefit of the trust's beneficiaries. It is called a Living Trust because the trustmaker makes the trust while they are living. A properly funded trust keeps a person's assets private and controlled by the people they trust, not the probate court. With a properly drafted and funded living trust, a trustmaker can be confident that the many disadvantages of the four preceding traditional forms of estate planning have been eliminated. Some people like to think of a trust as a treasure chest. The trustmaker makes the treasure chest and places "treasure" in it. The trustmaker can do this either while he/she is alive or when he/ she dies. The Trustee has the keys to the treasure chest and decides what stays there and what comes out for the benefit of the beneficiary or beneficiaries. Just like a real treasure chest that might hold diamonds, rubies or gold, this "treasure chest" can hold different items, such as a home, money, bank accounts, etc. Multiple people can be trustmakers. Many husbands and wives create a joint living trust.

Exhibit A: Wills vs. Trusts

Privacy

No privacy. All documents and proceedings after death are public.

Totally private, unless court intervention is required (usually due to failure to fund the trust or a challenge to the trust).

Disability Planning

No provisions for mental or physical disability. The person with disabilities is subject to the court process for guardianship.

Handles assets upon disability without court intervention. A power of attorney is still needed for nontrust assets. A trust can provide the disability be determined without court intervention.

© Resch, Root, Philipps & Graham, LLC
NOTE: All of the techniques described so far are ineffective to plan for an individual with a disability.
Parents of Children with a Disability

Why do parents of children with a disability need to do estate planning?

A family with a child with a disability faces many challenges, but perhaps none is more troubling than trying to deal with an uncertain future and making an estate plan for that child. We work with parents to ensure that their assets can be used for the child but do not interfere with government benefits.

In our years of working with parents, without a doubt, their number one fear is that their child will not be cared for when they are gone. These parents want a way to leave money for their child's care without threatening eligibility for benefits.

Government benefi ts come in many forms. The most common are Medicaid and Medicaid Waivers, Supplemental Security Income (SSI), Social Security Disability (SSDI), Adult Disabled Child Benefi ts, food stamps, housing vouchers, etc. Medicaid and SSI are means tested, meaning that a person becomes ineligible for benefits if he or she has more than $2,000 in countable assets. Most parents will leave at least that much to their child. Medicaid has a higher limit for workers with disabilities. This important program is beyond the scope of this book but is discussed briefly on the next page.

Proper planning can guarantee that an inheritance will not negatively impact a child's eligibility. Most of these plans will make use of a "special needs trust."

Persons with Disabilities

Why do people with a disability need to do estate planning?

Individuals with a disability, if able, should be able to control their property when they are alive and, if able, select those individuals that they trust to control their property should they become unable to make decisions. This type of estate planning that involves controlling property while an individual is alive was the subject of a different book titled, Guardianship in Ohio, available at www.ddc.ohio.gov. Guardianship and alternatives including Supported Decision Making and powers of attorney are discussed in detail.

Generally a person with a disability may not accumulate assets over the $2,000 limit either by saving their own money, by gift, or by inheritance. If a person with a disability accumulates more than $2,000, that person will need to take action to "move" those assets out of the person's name. The person will need to spend the assets very quickly, use a special needs trust or a STABLE Account to remain eligible for benefits.

There is an exception to the general asset limit of $2,000. This exception is the Medicaid Buy-In for Workers with Disabilities (MBIWD) program for individuals with disabilities who are working. Individuals who are saving assets while working can hold countable assets up to $12,382 in 2020 (adjusted annually) and still remain eligible for Medicaid.

A person with a disability who receives an inheritance can suddenly find themselves over the resource limit. Proper planning can eliminate this problem.

What is a special needs trust and why do people have them?

In short, a special needs trust allows assets over the resource limit to be available to care for and spend on an individual with a disability, while allowing the individual to remain eligible for benefits. In order to answer this question clearly, an explanation of a trust is necessary.

What is a trust?

A Trust is a legal document in which one party leaves assets to another party (a trustee) to be used for the benefit of a beneficiary (another person, charity, pet, etc.). Trusts provide flexibility for each party. The trust instrument gives specific instructions as to how to use the assets.

One way to think about a trust is as a treasure chest. Assets are left inside a treasure chest. The trustee has the keys and must use the assets to benefit the beneficiary (See Living Trust).

A Revocable Trust may be amended or revoked. An Irrevocable Trust generally may not be amended or revoked, although there may be some exceptions to the general rule.

Special Needs Trusts

A special needs trust is a trust for a person with a disability in which the assets contained in the trust are not counted as a resource. In short, a special needs trust can have more than the resource limit of $2,000 in it and the person can still receive benefits.

It is important to be aware that in the disability community the term "special needs trust" means different things to different people.

Generally, parents, individuals with a disability, and lay people refer to any trust that protects a person's eligibility for benefits as a "special needs trust." However, the State of Ohio and its employees identify a "special needs trust" as a specific type of trust commonly called a "payback trust." The various types of special needs trusts are discussed in detail further in this book.

No matter the type, a special needs trust protects eligibility for public benefits by supplementing rather than replacing government benefits that a person may be receiving or might later be eligible to receive from various assistance programs.

The purpose of the special needs trust is to cover items that government benefits do not pay for, such as trips to visit family members, reading material, educational tools, concert tickets, passes to theme parks, over-the-counter medicines, training, education, treatment, rehabilitation not covered by public benefits, recreation, entertainment, and consumer goods, etc. A well planned and well managed special needs trust will serve as a safety net to provide for your child throughout his or her life.

What benefits are available to people with disabilities that must be protected?

It is beyond the scope of this book to discuss in detail the various government benefits available to individuals with special needs. The major benefit programs are discussed generally in this section. Individuals should seek assistance from their county board of developmental disabilities, the DD Council, county department of job and family services, or the Social Security Administration for information about benefits. The two major benefits that are available to people with disabilities that are "means tested" are Medicaid and Supplemental Security Income (SSI).

Medicaid

What is Medicaid?

Medicaid is a needs-based health insurance program that pays for a variety of services for people who are elderly, blind or who have other disabilities. Services include, but are not limited to, coverage for prescription medications, adaptive equipment and residential programs and supports.

How do I qualify for Medicaid?

In Ohio, a parent's legal obligation to support their child generally ends when the child reaches age 18, the age of majority. Individuals over the age of 18 who are unable to support themselves because of a disability may be eligible for various public assistance benefits including, but not limited to, Medicaid and SSI. Keep in mind that eligibility for these programs, as well as Social Security Disability Insurance (SSDI), is contingent upon the applicant being sufficiently disabled. Medical documentation will be needed for this purpose. In some cases, a child under the age of 18 may also be eligible for public assistance benefits including Medicaid and SSI. This situation is discussed further in this book.

Many individuals with disabilities need to remain eligible for Medicaid and SSI, especially if they have significant needs. In Ohio, an individual cannot have countable resources greater than the resource limit.

What is a resource limit?

The resource limit is the maximum value of the assets an individual is allowed to own and still remain eligible for Medicaid. Countable assets include cash, stocks, bonds, investments, all checking and savings accounts, and real estate in which one does not reside. Assets that are considered exempt (non-countable) include personal belongings, household furnishings, an automobile, irrevocable burial trusts, and an individual's home, provided that the Medicaid applicant or their spouse lives in the home and the home is valued under $585,000 (in 2020).

There are two resource limits in Ohio. The general limit is $2,000. This means a person may not have countable assets worth more than $2,000 and still remain eligible for Medicaid. An individual who is working may have countable resources in excess of $2,000 and remain eligible for Medicaid under the MBIWD (Medicaid Buy-in for Workers with Disabilities) program or STABLE Accounts. These situations are discussed elsewhere in this book. Care must be taken to determine what might be considered a countable asset to the individual when a parent dies so that eligibility is not placed in jeopardy.

What is a Medicaid Waiver?

Formally known as a Home and Community-Based Services (HCBS) Waiver but more commonly known simply as a "Medicaid Waiver," waivers allow individuals with disabilities to receive care in their homes rather than in long-term care facilities, hospitals, or Intermediate Care Facilities. Individuals must require a specific "level of care" and not own countable assets in excess of the resource limit in order to qualify for a HCBS Waiver.

What is "level of care"?

The scope and amount of services that an individual will need determines their level of care and the type of Medicaid services for which they are eligible. Level of care is not a financial eligibility component of the Medicaid long-term care programs. An individual who wants to be enrolled in a waiver program must meet the specific level of care that is required for that waiver.

Developmental Disabilities Level of Care: The developmental disabilities level of care is necessary for enrollment onto a Medicaid HCBS waiver. The Ohio Department of Developmental Disabilities administers three waivers that require a developmental disabilities level of care: Individual Options Waiver (referred to as the "IO Waiver"), Level 1 Waiver, and SELF (Self Empowered Life Funding) Waiver.

What does a Medicaid Waiver pay for?

A Medicaid recipient does not actually receive direct cash benefits but, rather, receives benefits by way of payments made directly to his or her health care providers, such as hospitals, doctors, nursing homes, medical testing facilities, pharmacies and dentists.

Exhibit B contains a brief description of the types of Medicaid Waivers and the services each provides.

Exhibit B-1: Medicaid Waivers in Ohio

Level One

SELF (Self Empowered Life Funding)

Individual Options (IO)

Available Services:

Homemaker/Personal Care

Participant-Directed Homemaker/Personal Care

Remote Support

Environmental Accessibility Adaptations

Community and Residential Respite

Non-Medical Transportation

Transportation

Group Employment Support

Individual Employment Support

Career Planning

Vocational Habilitation

Adult Day Support

Waiver Nursing

Waiver Nursing Delegation

Specialized Medical Equipment

Assistive Technology

Money Management

Home Delivered Meals

Available Services:

Participant-Directed Homemaker/Personal Care

Participant-Directed Good and Services

Participant/Family Stability Assistance

Community and Residential Respite

Non-Medical Transportation

Transportation

Group Employment Support

Individual Employment Support

Career Planning

Vocational Habilitation

Adult Day Support

Waiver Nursing Delegation

Support Brokerage

Functional Behavioral Assessment

Clinical/Therapeutic Intervention

Available Services:

Homemaker/Personal Care

Participant-Directed Homemaker/Personal Care

Remote Support and Equipment

Environmental Accessibility Adaptations

Community and Residential Respite

Non-Medical Transportation

Transportation

Group Employment Support

Individual Employment Support

Career Planning

Vocational Habilitation

Adult Day Support

Waiver Nursing

Waiver Nursing Delegation

Adaptive and Assistive Equipment

Money Management

Home Delivered Meals

Nutrition

Interpreter Services

More information is available on the Ohio Department of Developmental Disabilities website ( www.dodd.ohio.gov).

Exhibit B-2: Medicaid Waiver Funding Limits

Funding Limits: Level One

Funding Limits: SELF

Funding Limits: Individual Options (IO)

$6,750: Using the L1 Waiver, the total limit for the following services alone or in combination can never be more than $6,750 per waiver eligibility span.

Homemaker/Personal Care

Participant-Directed Homemaker/Personal Care

Community and Residential Respite

Money Management

Transportation

Remote support

$7,500: The services in this section alone or in a combination can never be more than $7,500 within a three-year period.

Specialized Medical Equipment

Environmental Accessibility Adaptations

Home-Delivered Meals

Assistive Technology

$8,520: Payment for emergency assistance under the L1 waiver cannot exceed $8,520 within a three-year period.

Listed in each person's service plan are the start and end dates for a waiver, or the waiver span. Waiver spans are usually 12 months long.

The SELF Waiver has a limited amount of money you can spend on needed services in a waiver span.

For adults, the limit for services is $45,000 in each waiver span.

For children, the limit for services is $30,000 in each waiver span.

Some services have specific funding limits.

Within 12 months, Support Brokerage costs cannot be more than $8,000 of the total funding available in a waiver span.

Functional Behavioral Assessment at a cost of no more than $1,500.

Funding limits for Adult Day Supports, Career Planning, Group Employment Support, Individual Employment Support, and Vocational Habilitation are calculated for each person when they complete an assessment.

Each person enrolled in an IO Waiver is assigned a funding range or an individual funding level, based on the results of an assessment and the services in their service plan.

Some services may have specific limitations.

Are there other sources of support if I don't have a Medicaid Waiver?

If the disability had its onset before age 22, the individual might be eligible for services from a county board of developmental disabilities. The county board uses funds raised from property tax levies to provide a wide variety of residential and employment supports, as well as the assistance of a social work/case management type of person, called a Service and Support Administrator (SSA).

What are the major differences between Social Security, Medicare and Medicaid?

Social Security: Social Security is a federal program that provides retirement, disability, and survivor benefits to wage earners and their spouses, former spouses, widows and widowers, and children. A wage earner's eligibility for retirement benefits is based upon his or her work history (the years during which the wage earner paid taxes into the Social Security trust fund).

Medicare: Medicare provides health care benefits for (1) people 65 years of age and older, and may include some individuals with disabilities who are under the age of 65; (2) spouses, divorced spouses, and widows and widowers of eligible wage earners; (3) children with disabilities of certain wage earners; and (4) those with permanent kidney failure. Within the program, there is Medicare Part A, Medicare Part B and Medicare Part D. Medicare Part A is the hospital insurance program; Part B is the medical (non-hospital care) insurance program. Medicare Part D is the prescription drug benefit to subsidize the costs of prescription drugs and prescription drug insurance programs for Medicare beneficiaries.

Medicaid: Medicaid is a joint federal and state program that provides healthcare benefits for persons with limited income and resources. Each state manages its own program and develops its own rules for administering its program. See additional description of Medicaid provided previously.

What is Supplemental Security Income (SSI)?

Supplemental Security Income (SSI) is a monthly payment from taxpayer funds that is used to provide food, shelter and other necessities for those who are eligible. In 2019, payments provided were as high as $771 per month. This amount may change yearly and is announced by the Social Security Administration. In 2020, the payment amount will be as high as $783 per month. The specific amount paid to an individual may be reduced based upon the earned and unearned income of the recipient and other support the individual receives (often called in-kind support and maintenance). For example, if an individual lives in another's home without paying for the shelter, the Social Security Administration calls that in-kind support and maintenance and will reduce the SSI benefit of that individual.

A person with too much income or too many assets will not be eligible for either SSI or Medicaid. In some cases, it might be worthwhile to accept a reduction in SSI in order to accept income from another source, because often the reduction in SSI is not "dollar for dollar."

What is Social Security Disability Insurance (SSDI)?

Social Security Disability Insurance (SSDI) is a monthly payment based on the amount of Social Security the recipient or, if they are a dependent, a parent has paid into the system as a wage earner. A person with a disability who worked and paid into the system may be able to draw SSDI. A person with a disability who is the dependent or survivor of a parent with a work history may also be eligible for SSDI. A person will not be eligible for SSDI if they engage in Substantial Gainful Activity (SGA). SGA is generally determined by income from work. The income limit for an individual in 2020 is $1260.00. (Individuals who are blind may earn $2110.00.) Monthly SSDI payments are determined by the amount paid into the system and the amount of earned income, not by a person's assets. If a person is receiving SSDI, then Medicare provides their health insurance.

In some cases, it may be more beneficial for a person to receive SSDI rather than SSI. For example, in some cases you might receive a larger amount under SSDI than under SSI, and you don't have to worry about what assets you have. In a small number of cases, a person may be eligible to receive both SSI and SSDI, as well as both Medicaid and Medicare. In the latter situation, the total monthly payment of SSI and SSDI will be limited to the same amount as the maximum monthly SSI payment.

What are Disabled Adult Child Benefits and who is eligible?

Disabled Adult Child Benefits (also known as Childhood Disability Benefits) are benefits paid to an adult individual with disabilities who became disabled before the age of 22 if the individual's parent is deceased or starts receiving retirement or disability benefits. The Social Security Administration considers this a "child's" benefit because it is paid on a parent's Social Security earnings record.

Trusts

To be eligible for the "adult child" benefit, the individual must be unmarried and at least 18 years of age. An adult child can include an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild. The amount paid is 50% of the parent's benefit while the parent is living and 75% of the parent's benefit when the parent is deceased. This payment does not reduce the parent's benefit.

What types of "Special Needs" Trusts are there?

There are four types of trusts that allow the accumulation of assets in them that will not count towards the resource limit. They can be broken down into two broad categories: Payback and Non-Payback.

Payback trusts require that upon the death of the beneficiary, money left in the trust must be left to the State of Ohio or retained in the trust to be used to assist other individuals with special needs.

Non-Payback trusts allows for any money left in the trust after the death of a beneficiary to remain in the control of the trustee and distributed as directed by the Trustmaker(s), often to relatives of the initial beneficiary.

In order to avoid a loss or reduction of benefits, expenditures from all these trusts are limited to/for items not covered by Government Benefits. Generally, these are considered quality of life expenditures: recreational items, vacations, clothing, legal fees, or other items/events for which Medicaid or other third-party payers have denied payment. Extreme care should be exercised by the Trustee when administering and spending funds from a trust.

Which trust is right?

The type of trust available for a person depends on whose assets are funding the trust. In order for a Non-Payback trust to be used, the assets funding the trust must never have been owned by the beneficiary with special needs.

Non-Payback Trust

Third Party Discretionary Trust: As the name suggests, only a third party - not the individual for whom the trust is established - can establish a Third Party Discretionary Trust, and only assets that never belonged to the beneficiary may fund this trust.

A Discretionary Trust is one in which the trustee is given "discretion" as to when and how assets in the trust are distributed. A Discretionary Trust is one of the most common estate planning tools for families of children with disabilities in Ohio.

The primary advantage of a Discretionary Trust in Ohio is that there is no requirement that a portion of the trust be turned over to the state upon death of the beneficiary. That is logical because the funds in the trust never "belonged" to the beneficiary.

Most parents will use a Third Party Discretionary Trust as part of their estate planning. This trust allows them to leave assets to be spent on and for their child while he or she is alive and then pass those assets on to other relatives, often siblings, when the child with a disability dies.

Payback Trusts

Supplemental Services Trust: Only a third party can create a Supplemental Services Trust and assets used to create this trust must come from someone without a legal obligation of support and cannot belong to the beneficiary. To meet requirements of the law, the Supplemental Services Trust cannot be created with more than $252,000 as of 2020. This amount increases $2,000 per year.

Expenditures from the trust are limited to those items defined as "supplemental services": non-necessities such as recreational items, vacations, or items for which Medicaid or other third-party payers have denied payment. Even permitted distributions could reduce SSI benefits.

The primary disadvantage of the Supplemental Services Trust is that at least 50 percent of whatever remains in the trust at the time of the beneficiary's death is paid to the State of Ohio. That amount must be deposited into a fund in the State Treasury to be used for the benefit of others who do not have such trust arrangements. People may want to consider this type of trust for smaller amounts. That way the amount paid back will never be substantial. In addition, if a trust accomplishes its primary purpose of enhancing the life of the beneficiary, the 50 percent forfeiture when the beneficiary eventually dies may seem to be of little consequence.

A Supplemental Services Trust can be created by any individual other than the individual with disabilities.

Special Needs Trust: A Special Needs Trust is a Medicaid Payback Trust. This type of trust can be created for anyone with a disability, by the person with a disability, a parent, grandparent, legal guardian or a court. The trust must be funded before the beneficiary reaches age 65. It must comply with both state and federal law and the regulations of the Ohio Department of Job and Family Services.

This type of trust requires the State of Ohio receive the assets remaining in the trust, if any, when the beneficiary dies, in an amount equal to the expenditures from the state for the benefit of the beneficiary.

This trust is commonly used when the individual with disabilities has financial assets of his or her own that exceed the resource limit. This can happen in a number of circumstances, including if the individual has saved his or her money from work or gifts, received a gift or inheritance over the resource limit, or received a personal injury settlement and needs to qualify for SSI or a Medicaid Waiver. This type of trust has become less frequently used since 2016 when STABLE Accounts were established.

A Special Needs Trust can be created by an individual with disabilities, parent, guardian, or court.

Pooled Medicaid Payback Trust: Pooled Medicaid Payback Trusts (Pooled Trusts) are called "pooled" because the funds from many individuals are pooled together into one trust for purposes of investment and management. However, a separate account is maintained for each beneficiary.

Pooled Medicaid Payback Trusts must be established and managed by nonprofit corporations.

In the normal course of events, funds remaining in the beneficiary's account at the time of his or her death must first be used to repay the state for past Medicaid expenditures before distributing funds to beneficiaries. However, the person creating a Pooled Trust can allow the trust to retain the assets in the trust for charitable purposes including providing supplemental services to other beneficiaries who qualify or to cover overhead expenses of the Pooled Trust instead of paying back Medicaid.

The Pooled Trust can be created by an individual with disabilities, parent, grandparent, guardian or a court.

Exibit C: Types of Trusts

For quick reference, Exhibit C contains a description and comparison of trusts used for special needs planning in Ohio .

Third Party Discretionary Trust

Supplemental Services Trust

Special Needs Trust

Pooled Trust

Funds belong to a 3rd party

Trust created by the 3rd party

Trustee has absolute discretion in determining how the assets are to be distributed

No state payback. Funds remaining can go to another child, grandchild, or anyone else - Trustmaker decides

Doesn't require that beneficiary be "disabled"

No age or funding limitation

Usually includes "poison pill" provision to ensure qualification as a non-countable resource

Funds belong to a 3rd party

Trust created by a 3rd party

Distributions only for supplemental services - See OAC 5122-22-01

At beneficiary's death, 50% of remaining balance must be paid back to the state

Beneficiary must qualify for services through the State Department of Developmental Disabilities, the County Board of Developmental Disabilities, Department of Mental Health and Addiction Services, or a board of alcohol, drug addiction, and mental health services

Maximum principal contribution is $252,000 in 2020

Funds belong to a 3rd party or beneficiary

Trust created by beneficiary, Parent, Grandparent, Guardian, or Court

Trustee authorized to pay for goods/ services that public benefits do not cover. If trustee pays for covered services a reduction in benefits might occur.

At beneficiary's death, State reimbursed for total amount of assistance paid (100%) on behalf of beneficiary, if funds available

Beneficiary must be age 65 or younger when established and be "disabled"

Funds belong to beneficiary

Trust created by a beneficiary, Parent, Grandparent, Guardian, or the Court

At beneficiary's death, Trust either retains assets remaining or State reimbursed for total amount of assistance paid on behalf of beneficiary, if funds available

No age limitation

Non-profit organization- 501(c)(3) designation- serves as the trustee (e.g. Community Fund Management Foundation)

Adapted from Musielewicz, Lisa. "Medicaid and 'Special Needs Trusts' in Ohio." Legislative Service Commission, 23 Feb. 2007, www.lsc.ohio.gov.
Who can act as trustee of a special needs trust?

A trustee is the person or entity that administers the trust. The trustee must follow the instructions of the trustmakers and the law regarding trusts and distributions. The trustmaker determines who will serve as the initial trustee or trustees. Often the trustmaker, if not the beneficiary, will name his or herself or themselves as the initial trustee. Successor trustees are named by the trustmaker.

A Successor trustee is the person or entity that administers the trust after the initial trustee.

Naming a trustee, whether initial or successor, is of great concern to trustmakers. Many times, trustmakers are fortunate enough to have a trustworthy and responsible person in their lives or families who can be named as a successor trustee. Because a sibling or other relative will likely be very familiar with the needs, wants, and desires of the beneficiary with a disability, they are often chosen for this important role.

Professional Trustees like banks and trust companies are often good choices to serve as successor trustees of special needs trusts. Family members or the individual beneficiary can advise a corporate trustee about the wants and needs of the beneficiary, but the trust company would have the responsibility of managing trust assets, making lawful distributions for the beneficiary, and filing the necessary tax returns to keep the trust in compliance with state and federal laws.

There are requirements related to who may serve as a trustee of the trusts discussed in this book. A person with a disability cannot serve as a trustee of his or her own trust. There are other restrictions that may apply in a specific situation that should be discussed with a competent attorney when establishing a trust.

What assets can be held in a special needs trust?

Any kind of asset may be held by a trust, including cash, personal property, real property, and houses. The trust becomes the owner of the property. Just like a treasure chest can hold gold, diamonds, rubies, etc., the trust (acting like a treasure chest) can hold different assets. Some pooled trusts will not hold certain types of assets but that is a caseby-case situation. Often, particularly in Third Party Discretionary Trust situations, no assets or few assets are put into the special needs trust until the death of the trustmaker, in which case the trust is an empty shell waiting for a future event. However, that trust can be used as a repository (like a treasure chest) for gifts from grandparents, uncles, aunts, and others who may wish to make a gift to an individual with a disability.

How do I/we allocate the assets of our estate to protect a child with a disability?

Parents of children with disabilities are often concerned that their own needs for retirement or medical care may deplete their estates, leaving little or nothing for their child with a disability. They require a retirement plan for themselves and a special needs plan for their child. Parents may wish to divide their estate equally among their typical children and purchase life insurance to fund the special needs trust at their deaths. An insurance policy on the parents either individually or together, can be designated for the special needs trust. In this way, an estate can be divided among typical children and the life insurance can create an independent and liquid estate for the child.

What is a memorandum of intent or Roadmap?

The parents of a child with a special needs trust cannot place instructions or guidelines to a trustee on how to spend trust assets for their child with a disability. However, parents can prepare a memorandum of intent, or Roadmap, or other document describing their child, his or her wants, needs, and activities that make him or her happy. The memorandum of intent or other document, once created, should be updated regularly as the needs of the child will change over time.

Can I leave the family home to my child with a disability at my death and still preserve that child's government benefits?

Yes, but considerations should be taken to determine if this is the best thing to do.

A home owned by an individual is not a countable resource for Medicaid or SSI while the individual lives there, but it can be if the individual moves out. If the home is sold, the proceeds from the sale of the home will be considered a countable resource.

Another caution is that a disreputable person might attempt to exploit the individual and move into, or attempt to gain ownership of, the home.

For these reasons, it may be preferable to leave a home to a trust. These decisions and the impact they may have on the individual with disabilities and benefits should be considered carefully.

STABLE Accounts

The STABLE Account is a tool that allows people with disabilities to have the most control over their finances without endangering their eligibility for other government programs. STABLE is Ohio's ABLE Account. Ohio was the first state to offer these accounts.

What is the ABLE Act?

The ABLE Act falls under Section 529 of the Internal Revenue Code. The Act allows people with disabilities and their families to save money in a special account that allows the accumulation of assets above the Medicaid and Social Security resource limit. Funds in a STABLE Account are generally not considered assets for SSI and Medicaid. Funds placed in a STABLE Account can be placed in different types of investment or savings accounts, chosen by the account owner. STABLE Accounts can earn interest or increase in value based on investment performance. It is also possible for a STABLE Account to lose value based on investment performance. Earnings on a STABLE Account are not taxed, provided they are spent on qualified expenditures.

How do savings in a STABLE Account affect SSI or Medicaid?

The first $100,000 in a STABLE Account is exempted from the SSI individual resource limit ($2,000). If a STABLE Account exceeds $100,000, any amount over $100,000 will count as a resource towards the $2,000 SSI limit. However, all amounts in a STABLE Account are exempted from the Medicaid resource limit.

Who is eligible for a STABLE Account?

The ABLE Act limits eligibility to individuals with significant disabilities with an age of onset of disability before turning 26 years of age.

Are there contribution limits?

A qualified individual may have only one STABLE Account. If the qualified individual is not employed, the total annual contribution by all contributing individuals, including the qualified individual, family and friends, is $15,000 (in 2020). The annual contribution limit is tied to the federal gift tax exemption limit. If the qualified individual is employed, he/ she can contribute an additional $12,490 in wages (in 2020) for a total of $27,490. The maximum account value limit is the same as Ohio's limit for education-related 529 savings accounts, which is $482,000 in 2020, meaning that once the maximum value is reached, no new contributions can be made to the account.

In addition, if a beneficiary has contributed to a defined contribution plan during the taxable year, the beneficiary may not contribute income to the STABLE account during that same taxable year. A defined contribution plan is an account like a 401k, 403(b), or Simple IRA.

What happens to any money left in a STABLE Account when the beneficiary dies?

Every STABLE Account has a payback provision. This means that Medicaid will be paid back for any services that were provided to the account holder with funds remaining in the account after the death of the beneficiary. If there are outstanding bills for any Qualified Disability Expenses, the money in the STABLE Account can be used to pay those expenses before Medicaid is reimbursed. STABLE Accounts can also be used to pay for funeral and burial costs. Importantly, Medicaid can only seek repayment from a STABLE Account for amounts it paid after the STABLE Account was opened (or, in the case of an account rolled over from another STABLE plan, after the original STABLE Account was opened).

Any remaining funds, after payback, will be distributed to the beneficiary's estate.

What expenses are allowed to be paid by STABLE Accounts?

A "qualified disability expense" means an expense related to the designated beneficiary as a result of living a life with a disability. These include education, housing, transportation, employment training and support, assistive technology, personal support services, health care expenses, financial management and administrative services.

How does someone open a STABLE Account?

STABLE Accounts are completely online. Visit www.stableaccount.com to learn more and open an account.

Is a STABLE Account all a parent needs when planning to leave an inheritance for a person with disabilities?

Because of the yearly contribution limits and the payback provision, the STABLE Account may not be the answer to all concerns for many families and individuals, particularly when leaving an inheritance for a child, but may instead be a component of an estate plan for an individual with a disability. For many families, a STABLE account will be used in conjunction with a Third Party Discretionary Trust.

Exhibit D: STABLE Account vs. 3rd Party Discretionary Trust (DT)

Who can use?

Only persons disabled before age 26

Any person with or without a disability

STABLE is limited; 3rd Party DT can be used by anyone

Who can fund?

Anyone, including person with disability

Anyone, except person with a disability

Unlike the 3rd Party DT, STABLE can be funded with assets of the person with disabilities

How many can a person have?

One

Unlimited

Person can only have one STABLE account, but unlimited number of 3rd Party DTs

Who can control?

Person with a disability, a parent of a minor child, legal guardian, conservator or agent

Trustee, anyone except the person with a disability or their spouse

STABLE allows person with a disability to retain control, while 3rd Party DT requires someone else to be in charge

How much can be paid into per year?

$15,000 in 2020 (tied to annual federal gift tax exculsion amount) plus benefi ciary's income up to $12,490 (tied to federal poverty limit for single income household)

Unlimited

STABLE is limited in how much can be funded, while 3rd Party DT allows unlimited funding

Is funding gift-tax free?

Yes

No

STABLE can be funded gift-tax free; 3rd Party DT is subject to gift tax (if funded during lifetime)

Is there a cap on how much can be in the account?

Yes, currently $482,000 (2020); Amounts over $100,000 are included as resources for SSI

No

3rd Party DT can contain any amount. STABLE assets over $100,000 are included as resources for SSI

How is income taxed?

No income tax

Taxed as non-grantor trust

3rd Party DT will be taxed on income earned, while STABLE account will not

What type of distributions can be made?

"Qualifi ed disability expenses" as defined by applicable law

No limitation so long as they don't displace government benefi ts and certain disbursements may reduce SSI

STABLE has restrictions on how funds can be used

Who inherits on death of person with disability?

Medicaid Payback provision (After payback, if any, funds go to beneficiary's estate)

No Medicaid Payback (Trust controls who inherits funds)

3rd Party DT has no Medicaid Payback (STABLE is subject to Medicaid Payback)

© Resch, Root, Philipps & Graham, LLC

Final Thoughts

It is our sincere hope that this book has provided you with some answers to questions that you have. Because every individual is unique, each situation regarding estate planning is unique. If you have additional questions, you should ask other parents, the Ohio DD Council office, other trusted advisors, or an attorney with a focus on Special Needs Planning for additional information.

About the Authors
Logan K. Philipps, Principal
Resch, Root, Philipps & Graham, LLC
Logan has been an attorney since 2006. As an estate planning attorney, Logan helps people plan for bright tomorrows for themselves and their loved ones.

An area of concentration for Logan's practice is planning for families with children with special needs. Before becoming a lawyer, Logan taught elementary school in Cincinnati, Ohio. He utilizes his teaching background to educate individuals, parents, grandparents and loved ones about the strategies available to protect family members. His experience with special needs started as a teenager when his father remarried, and he gained a stepbrother who has special needs.

Logan lives in Grandview Heights with his wife, Molly, and three boys.
William (Bill) K. Root, Principal
Resch, Root, Philipps & Graham, LLC
Bill has been an attorney since 1980. Bill has limited his practice to estate and business planning, which allows him the opportunity to work with individuals and business owners to help them plan their personal estates, and for the successful transition of their business interests.

Bill's special needs planning practice started in 1985 with the birth of his second child, Erin. He and his wife attended more IEPs, school meetings, seminars, doctor's appointments and consults that he can begin to count. They participate in a number of special needs organizations. They also established the Erin Root Fund for Children at the Columbus Foundation and have directed their charitable giving to organizations created to serve children with special needs.

Bill lives in Dublin with his wife, Tina.

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Ohio Developmental Disabilities Council is committed to self-determination and community inclusion for people with developmental disabilities. The Council is made up of over 30 governor-appointed members who decide on grants to offer to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life in Ohio.

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Guardianship takes away a person's ability to make choices. Because the appointment of a guardian takes away a person's ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first. One of these less restrictive options may be able to meet the person's needs without the appointment of a guardian.

List of FAQs

What is a guardian?

A guardian is a person, corporation or an association appointed by a probate court to be legally responsible for another person and/or for another person's property (estate) when that person is unable to manage his or her personal needs or property because of a mental disability. Only a "natural person" (not a corporation) can be appointed as a guardian of the person. The only exception to this rule is that Advocacy and Protection Services, Inc. (APSI) can serve as guardian of the person.

What is a ward?

A ward is the person for whom a guardian has been appointed.

Why are guardians appointed?

A probate court will appoint a guardian to direct the legal, financial affairs and/or the personal care of a person who is not able to manage his or her own affairs because of a mental disability. Family members or others can ask the court to act to protect someone who appears to be lacking ability to do so for him or herself and is therefore "incompetent." If the court finds that the person is incompetent and a guardianship is necessary, the court will appoint a guardian. Once appointed, a guardian is accountable to the probate court for providing proper care and management of the ward's affairs in the ward's best interest.

What are the general powers and duties of a guardian?

The control that a guardian has over a ward is limited to the authority granted by Ohio statutes, decisions of Ohio courts, and orders and rules of the probate court. All guardians must obey the orders and judgments of the probate court which appointed them. The probate court may give broad and far-reaching powers to a guardian, or it may limit or deny any power granted under Ohio statutes or Ohio case law. Ohio law provides for different types of guardianships.

What are the types of guardianship?

There are several types of guardianship in Ohio:

Guardianship of the Estate - Guardianship of the estate gives the guardian the authority to make all financial decisions for the ward.

Guardianship of the Person - Guardianship of the person gives the guardian the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the ward. Such decisions would include such things as arrangements for food, clothing, living arrangements, medical care, recreation and education. It includes consent for medical care and other treatment or training programs such as individual habilitation plans (IHPs).

Guardianship of Person and Estate - The court can appoint a guardianship of person and estate which gives the guardian the authority to make nearly all decisions for the individual, and combines the authority of guardianship of person and guardianship of estate.

Emergency Guardianship - Emergency guardianship allows a probate court to issue any order that it considers necessary to prevent injury to the person or the person's estate or may appoint someone as guardian without prior notice to the person and without a formal hearing when: 1) an emergency exists, and 2) a guardian is necessary to prevent injury to the person or estate of the person who is incompetent. This initial appointment of an emergency guardian may last for a maximum of seventy-two hours. For good cause shown, after notice to the person who is incompetent and other interested parties, and after a hearing, the court may extend an emergency guardianship for a specified period of time, but not to exceed an additional thirty days.

Interim Guardianship - An "interim guardian" is a guardian appointed after a former guardian has been removed or resigns when the welfare of the ward requires immediate action.

Co-Guardianship - Co-guardianship is when two people are appointed to act as guardian for someone at the same time.

Limited Guardianship - Limited guardianship allows a probate court to appoint someone as guardian over only the portion of a person's life where he or she is both incompetent and has a need. Thus, there can be a limited guardian for medical purposes only (to provide consent for medical procedures), or for placement purposes only (admission to a group home), or for the limited purpose of approving behavior plans and/or psychotropic medications. This less restrictive form of guardianship should be used instead of full guardianship whenever possible. A ward for whom a limited guardian has been appointed retains all rights in all areas not covered by the court's order.

What rights are taken away when a guardian is appointed?

There are several types of guardianship in Ohio. The rights taken away depend upon the type of guardianship established by the probate court.

If a guardian of the estate is appointed, the guardian's decisions can not be contested. However, even if the ward has a guardian of the estate, the ward can make contracts for necessary items.

If a guardian of person is appointed, the ward may make any decision that is not contrary to the authority of guardian. Also, the ward can contest the presumption that he or she does not have the ability to make a decision.

The loss of personal rights is why guardianship is a very serious step that should be taken as a matter of last resort. A limited guardianship that identifies and limits a specific area in a person's life, and does not affect any other rights, is preferred if guardianship is necessary. Less restrictive alternatives to guardianship should be considered before guardianship because these options allow the person to keep as many personal rights as possible while providing protection in those areas the person needs.

Does the ward retain any rights?

Some areas of the person's life may involve fundamental rights or a right of privacy. There may be specific medical procedures, such as those that implicate reproductive rights, for example abortion or sterilization, that should be decided by the person whenever possible. If this is not possible, the law may require the guardian to ask the probate court to review the guardian's decision. In addition, voting is a fundamental right. Unless a court specifically rules, after a hearing, that a person is incompetent for purposes of voting, the person retains the right to vote even if the person has a guardian of the person and the estate.

While a guardian can "voluntarily" admit the ward to a developmental center, or psychiatric hospital, without prior approval of court, the court may review the admission subsequently upon request for release by the Ohio Legal Rights Service or the person.

Also, some rights are personal to the ward and cannot be exercised by a guardian. A guardian cannot make a will or execute a power of attorney for the ward. The ward may be able to exercise these rights if he or she has the capacity to do so.

What are some less restrictive alternatives to guardianship?

A person may have significant deficits in life, but the person's support network (for example, families, friends, service providers) may be so effective that guardianship is not necessary. Other options exist that can effectively address a person's needs without the appointment of a guardian:

Representative Payeeship or Authorized Representative - If the person's only significant income comes from government benefits, it may not be necessary for the person to have a guardian of the estate or a plenary guardian. A representative payee may be able to manage all of the person's financial needs. A representative payeeship or authorized representative may be available for state and federal benefit or entitlement programs including but not limited to regular Social Security, SSDI (Social Security Disability Insurance), VA (Veterans Administration) benefits, Railroad Retirement Benefits, welfare benefits, and Black Lung benefits. For more information about representative payeeships contact the appropriate government office [the Social Security Administration (SSA), Department of Veteran Affairs (VA), Office of Personnel Management (OPM), Railroad Retirement Board (RRB)].

Trust - A trust could be used instead of a guardianship of the estate, to handle funds for the person.

Conservatorship - A "conservator" is a person appointed by the probate court at the request of a mentally competent adult who is physically unable to manage certain aspects of his or her life. The person requesting the appointment of a conservator specifies the powers requested on the Petition for Conservatorship. If a person is mentally competent but has a physical disability that limits the ability to manage matters, the person can:

Ask the probate court to appoint a conservator.

Choose the person who will become the conservator.

Dismiss the conservator if the person wants to change to a different conservator.

Specify to the court just what authority he or she wants the conservator to have.

Ask the probate court to end the conservatorship because the person's physical disability has decreased and a conservatorship is no longer necessary.

Adult Protective Services for Adults with Developmental Disabilities - A court may order a county board of DD to provide protective services for up to one year to an adult with intellectual or developmental disabilities who is being abused or neglected, if that adult lacks the capacity to protect him or herself.

Adult Protective Services for the Elderly - If the person who needs protection from harm is over age 60, the person might be eligible for other protective services protective services available to the elderly. Ohio law requires county departments of Job and Family Services to receive and investigate reports of elder abuse of persons 60 years of age and older (some offices may investigate reports of abuse of vulnerable adults under 60). Elder abuse may include physical, sexual, emotional or financial abuse or neglect of an elder. A court can order these services for up to 14 days. If you suspect an elder is being abused, contact your county Department of Job and Family Services (refer to Resources for contact information).

Long-term Care Ombudsman - If the person lives in a nursing home or adult care facility and has unmet needs or problems with care, the long-term care ombudsman can help. Ombudsmen take complaints about long-term care services, and voice the person's needs and concerns to nursing homes, home health agencies, and other providers of long-term care. The Ombudsman Office works with the long-term care provider, the person, the person's family, or other representatives to resolve problems and concerns about the quality of services. Ombudsmen link people with the services or agencies needed to live a more productive, fulfilling life, provide advice on selecting long-term care in Ohio, provide information about the rights of consumers, and provide information and assistance with benefits and insurance. If you have questions, concerns or complaints about any long-term care service, contact your regional Long-Term Care Ombudsman (refer to Resources for contact information).

Protection Orders - It would be too restrictive to take away a person's rights through a guardianship in order to keep that person safe, when it might be possible to accomplish the same thing with a court order of protection. A person may also be able to ask that a court order someone who is hurting that person or threatening to hurt that person to stay away and not have any contact. There are two kinds of protection orders: a Civil Protection Order which can last up to 5 years or a Temporary Protection Order which is issued by a criminal court judge.

Powers of Attorney - A power of attorney is a legal document that gives someone else authority to act on a person's behalf. A person must be competent when he or she gives someone else this authority. Powers of attorney can be revoked at any time. If you are thinking about creating a power of attorney, you should consider that there is no oversight of the person acting with the power of attorney and, because of this, it can be used in ways contrary to your interests. An example of one type of a power of attorney would be when a competent person gives someone else the power to make health care decisions for him or her at a later time through a durable power of attorney for health care. For more information about Powers of Attorney or health care visit the Advance Directives section of this Web site.

Circle of Support, Volunteer Advocate, and Good Programs and Services - An alternative to guardianship is to make sure the person has a support system that meets all of the person's needs and advocates in the person's behalf. Refer to Resources for a list of agencies to contact.

What is the conflict of interest provision concerning providers of services?

Ohio law prohibits someone who is providing services to a person with intellectual or developmental disabilities from also serving as the person's guardian. This provision is based on the assumption that it would be impossible for a person who is providing services to also be an effective advocate if problems arise with that service provider.

The court will send notice that the guardianship application has been filed to all next of kin who live in the state, in case they wish to object to the guardianship. It will also ask a probate court investigator to interview the prospective ward and people who know him or her, and to make a recommendation to the probate court as to whether the guardianship is necessary. The investigator will also give the prospective ward information about his or her rights in the process.

What happens at a guardianship hearing?

The court will set the matter for hearing, often before a magistrate instead of the judge. If everyone is in agreement that the guardianship is needed, or if no one appears to object, then a letter of guardianship is awarded. If anyone objects, including the person who would receive the guardian, then the hearing becomes more like a trial where witnesses will be examined and cross-examined.

The proposed ward has the right to object to having a guardian appointed for him or her and has several other due process rights, including these:

The right to be present during the hearing;

The right to have an attorney represent him or her, even if he or she cannot afford one;

The right to have the court appoint an attorney at no cost if he or she can not afford one;

The right to prevent his or her personal physician and certain other parties from testifying against him or her; and

The right to have an independent evaluation.

What if a guardian does not appear to be doing a good job?

The probate judge is the superior guardian, and anyone can provide information to the court to help the judge determine if the guardian is doing his or her duties. The ward may always ask the judge to issue instructions to the guardian requiring the guardian to agree to specific things, such as allowing the ward to participate in a vocational program or to move to a community based setting.

If a guardian has consented to medical care, the ward or an "interested party" can object, and the court must hold a hearing to determine whether the medical care is in the best interests of the ward. An "interested party" can also seek periodic review of the need for guardianship.

The judge can also remove a guardian who has engaged in misconduct, such as stealing from the ward. In this case, another individual may be appointed to act as the person's guardian.

How is a guardianship terminated?

Sometimes it becomes apparent that a guardianship never should have been granted for the person with a disability. Also, that person may no longer need a guardian and has regained the ability to make some or all life decisions. In such cases, it is appropriate to approach the probate court with a motion to terminate a guardianship, or a motion to reduce a guardianship to a limited guardianship. There are provisions in the law where the ward may file a motion to the court asking that the guardianship be ended. The ward can request that the court appoint an attorney to represent him or her in the hearing.

The marriage of a ward terminates the guardianship of the person, but not of the estate.

Where can I get help?

If you or someone close to you needs information about guardianship or alternatives to guardianship, contact the probate court in your county (refer to Resources for contact information).

Ask friends and family members for the name of an attorney who is knowledgeable about probate matters. If necessary, contact the lawyer referral service operated by your local bar association or one nearby. In Ohio, there is also a lawyer referral service in each metropolitan area, operated by the local bar association. (For a Web listing of lawyer referral services in Ohio, refer to Find A Lawyer on the Ohio State Bar Association Web site) Also, you may refer to the Yellow Pages of your local telephone directory. Check the Yellow Pages under "associations" or "attorney referral services."

You may also contact your local legal aid office to see if you qualify for free legal services. You can get a list of organizations in Ohio that provide free or low cost legal services or referrals in your county. To access your local legal services program, call Ohio Legal Services at 1-866-529-6446.

Resources

# data[].attributes.attachment_link.authors[].name
Midwest New Media, LLC - http://www.midwestnewmedia.com

# data[].attributes.attachment_link.title
Disability Rights Ohio - Guardianship: Frequently Asked Questions

# data[].attributes.attachment_link.description
Guardianship takes away a person's ability to make choices. Because the appointment of a guardian takes away a person's ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first.

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Disability Rights Ohio FAQs Guardianship

# data[].attributes.subject
Disability Rights Ohio FAQs Guardianship

# data[].attributes.attachment_link.readable_text
Guardianship takes away a person's ability to make choices. Because the appointment of a guardian takes away a person's ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first. One of these less restrictive options may be able to meet the person's needs without the appointment of a guardian.

List of FAQs

What is a guardian?

A guardian is a person, corporation or an association appointed by a probate court to be legally responsible for another person and/or for another person's property (estate) when that person is unable to manage his or her personal needs or property because of a mental disability. Only a "natural person" (not a corporation) can be appointed as a guardian of the person. The only exception to this rule is that Advocacy and Protection Services, Inc. (APSI) can serve as guardian of the person.

What is a ward?

A ward is the person for whom a guardian has been appointed.

Why are guardians appointed?

A probate court will appoint a guardian to direct the legal, financial affairs and/or the personal care of a person who is not able to manage his or her own affairs because of a mental disability. Family members or others can ask the court to act to protect someone who appears to be lacking ability to do so for him or herself and is therefore "incompetent." If the court finds that the person is incompetent and a guardianship is necessary, the court will appoint a guardian. Once appointed, a guardian is accountable to the probate court for providing proper care and management of the ward's affairs in the ward's best interest.

What are the general powers and duties of a guardian?

The control that a guardian has over a ward is limited to the authority granted by Ohio statutes, decisions of Ohio courts, and orders and rules of the probate court. All guardians must obey the orders and judgments of the probate court which appointed them. The probate court may give broad and far-reaching powers to a guardian, or it may limit or deny any power granted under Ohio statutes or Ohio case law. Ohio law provides for different types of guardianships.

What are the types of guardianship?

There are several types of guardianship in Ohio:

Guardianship of the Estate - Guardianship of the estate gives the guardian the authority to make all financial decisions for the ward.

Guardianship of the Person - Guardianship of the person gives the guardian the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the ward. Such decisions would include such things as arrangements for food, clothing, living arrangements, medical care, recreation and education. It includes consent for medical care and other treatment or training programs such as individual habilitation plans (IHPs).

Guardianship of Person and Estate - The court can appoint a guardianship of person and estate which gives the guardian the authority to make nearly all decisions for the individual, and combines the authority of guardianship of person and guardianship of estate.

Emergency Guardianship - Emergency guardianship allows a probate court to issue any order that it considers necessary to prevent injury to the person or the person's estate or may appoint someone as guardian without prior notice to the person and without a formal hearing when: 1) an emergency exists, and 2) a guardian is necessary to prevent injury to the person or estate of the person who is incompetent. This initial appointment of an emergency guardian may last for a maximum of seventy-two hours. For good cause shown, after notice to the person who is incompetent and other interested parties, and after a hearing, the court may extend an emergency guardianship for a specified period of time, but not to exceed an additional thirty days.

Interim Guardianship - An "interim guardian" is a guardian appointed after a former guardian has been removed or resigns when the welfare of the ward requires immediate action.

Co-Guardianship - Co-guardianship is when two people are appointed to act as guardian for someone at the same time.

Limited Guardianship - Limited guardianship allows a probate court to appoint someone as guardian over only the portion of a person's life where he or she is both incompetent and has a need. Thus, there can be a limited guardian for medical purposes only (to provide consent for medical procedures), or for placement purposes only (admission to a group home), or for the limited purpose of approving behavior plans and/or psychotropic medications. This less restrictive form of guardianship should be used instead of full guardianship whenever possible. A ward for whom a limited guardian has been appointed retains all rights in all areas not covered by the court's order.

What rights are taken away when a guardian is appointed?

There are several types of guardianship in Ohio. The rights taken away depend upon the type of guardianship established by the probate court.

If a guardian of the estate is appointed, the guardian's decisions can not be contested. However, even if the ward has a guardian of the estate, the ward can make contracts for necessary items.

If a guardian of person is appointed, the ward may make any decision that is not contrary to the authority of guardian. Also, the ward can contest the presumption that he or she does not have the ability to make a decision.

The loss of personal rights is why guardianship is a very serious step that should be taken as a matter of last resort. A limited guardianship that identifies and limits a specific area in a person's life, and does not affect any other rights, is preferred if guardianship is necessary. Less restrictive alternatives to guardianship should be considered before guardianship because these options allow the person to keep as many personal rights as possible while providing protection in those areas the person needs.

Does the ward retain any rights?

Some areas of the person's life may involve fundamental rights or a right of privacy. There may be specific medical procedures, such as those that implicate reproductive rights, for example abortion or sterilization, that should be decided by the person whenever possible. If this is not possible, the law may require the guardian to ask the probate court to review the guardian's decision. In addition, voting is a fundamental right. Unless a court specifically rules, after a hearing, that a person is incompetent for purposes of voting, the person retains the right to vote even if the person has a guardian of the person and the estate.

While a guardian can "voluntarily" admit the ward to a developmental center, or psychiatric hospital, without prior approval of court, the court may review the admission subsequently upon request for release by the Ohio Legal Rights Service or the person.

Also, some rights are personal to the ward and cannot be exercised by a guardian. A guardian cannot make a will or execute a power of attorney for the ward. The ward may be able to exercise these rights if he or she has the capacity to do so.

What are some less restrictive alternatives to guardianship?

A person may have significant deficits in life, but the person's support network (for example, families, friends, service providers) may be so effective that guardianship is not necessary. Other options exist that can effectively address a person's needs without the appointment of a guardian:

Representative Payeeship or Authorized Representative - If the person's only significant income comes from government benefits, it may not be necessary for the person to have a guardian of the estate or a plenary guardian. A representative payee may be able to manage all of the person's financial needs. A representative payeeship or authorized representative may be available for state and federal benefit or entitlement programs including but not limited to regular Social Security, SSDI (Social Security Disability Insurance), VA (Veterans Administration) benefits, Railroad Retirement Benefits, welfare benefits, and Black Lung benefits. For more information about representative payeeships contact the appropriate government office [the Social Security Administration (SSA), Department of Veteran Affairs (VA), Office of Personnel Management (OPM), Railroad Retirement Board (RRB)].

Trust - A trust could be used instead of a guardianship of the estate, to handle funds for the person.

Conservatorship - A "conservator" is a person appointed by the probate court at the request of a mentally competent adult who is physically unable to manage certain aspects of his or her life. The person requesting the appointment of a conservator specifies the powers requested on the Petition for Conservatorship. If a person is mentally competent but has a physical disability that limits the ability to manage matters, the person can:

Ask the probate court to appoint a conservator.

Choose the person who will become the conservator.

Dismiss the conservator if the person wants to change to a different conservator.

Specify to the court just what authority he or she wants the conservator to have.

Ask the probate court to end the conservatorship because the person's physical disability has decreased and a conservatorship is no longer necessary.

Adult Protective Services for Adults with Developmental Disabilities - A court may order a county board of DD to provide protective services for up to one year to an adult with intellectual or developmental disabilities who is being abused or neglected, if that adult lacks the capacity to protect him or herself.

Adult Protective Services for the Elderly - If the person who needs protection from harm is over age 60, the person might be eligible for other protective services protective services available to the elderly. Ohio law requires county departments of Job and Family Services to receive and investigate reports of elder abuse of persons 60 years of age and older (some offices may investigate reports of abuse of vulnerable adults under 60). Elder abuse may include physical, sexual, emotional or financial abuse or neglect of an elder. A court can order these services for up to 14 days. If you suspect an elder is being abused, contact your county Department of Job and Family Services (refer to Resources for contact information).

Long-term Care Ombudsman - If the person lives in a nursing home or adult care facility and has unmet needs or problems with care, the long-term care ombudsman can help. Ombudsmen take complaints about long-term care services, and voice the person's needs and concerns to nursing homes, home health agencies, and other providers of long-term care. The Ombudsman Office works with the long-term care provider, the person, the person's family, or other representatives to resolve problems and concerns about the quality of services. Ombudsmen link people with the services or agencies needed to live a more productive, fulfilling life, provide advice on selecting long-term care in Ohio, provide information about the rights of consumers, and provide information and assistance with benefits and insurance. If you have questions, concerns or complaints about any long-term care service, contact your regional Long-Term Care Ombudsman (refer to Resources for contact information).

Protection Orders - It would be too restrictive to take away a person's rights through a guardianship in order to keep that person safe, when it might be possible to accomplish the same thing with a court order of protection. A person may also be able to ask that a court order someone who is hurting that person or threatening to hurt that person to stay away and not have any contact. There are two kinds of protection orders: a Civil Protection Order which can last up to 5 years or a Temporary Protection Order which is issued by a criminal court judge.

Powers of Attorney - A power of attorney is a legal document that gives someone else authority to act on a person's behalf. A person must be competent when he or she gives someone else this authority. Powers of attorney can be revoked at any time. If you are thinking about creating a power of attorney, you should consider that there is no oversight of the person acting with the power of attorney and, because of this, it can be used in ways contrary to your interests. An example of one type of a power of attorney would be when a competent person gives someone else the power to make health care decisions for him or her at a later time through a durable power of attorney for health care. For more information about Powers of Attorney or health care visit the Advance Directives section of this Web site.

Circle of Support, Volunteer Advocate, and Good Programs and Services - An alternative to guardianship is to make sure the person has a support system that meets all of the person's needs and advocates in the person's behalf. Refer to Resources for a list of agencies to contact.

What is the conflict of interest provision concerning providers of services?

Ohio law prohibits someone who is providing services to a person with intellectual or developmental disabilities from also serving as the person's guardian. This provision is based on the assumption that it would be impossible for a person who is providing services to also be an effective advocate if problems arise with that service provider.

The court will send notice that the guardianship application has been filed to all next of kin who live in the state, in case they wish to object to the guardianship. It will also ask a probate court investigator to interview the prospective ward and people who know him or her, and to make a recommendation to the probate court as to whether the guardianship is necessary. The investigator will also give the prospective ward information about his or her rights in the process.

What happens at a guardianship hearing?

The court will set the matter for hearing, often before a magistrate instead of the judge. If everyone is in agreement that the guardianship is needed, or if no one appears to object, then a letter of guardianship is awarded. If anyone objects, including the person who would receive the guardian, then the hearing becomes more like a trial where witnesses will be examined and cross-examined.

The proposed ward has the right to object to having a guardian appointed for him or her and has several other due process rights, including these:

The right to be present during the hearing;

The right to have an attorney represent him or her, even if he or she cannot afford one;

The right to have the court appoint an attorney at no cost if he or she can not afford one;

The right to prevent his or her personal physician and certain other parties from testifying against him or her; and

The right to have an independent evaluation.

What if a guardian does not appear to be doing a good job?

The probate judge is the superior guardian, and anyone can provide information to the court to help the judge determine if the guardian is doing his or her duties. The ward may always ask the judge to issue instructions to the guardian requiring the guardian to agree to specific things, such as allowing the ward to participate in a vocational program or to move to a community based setting.

If a guardian has consented to medical care, the ward or an "interested party" can object, and the court must hold a hearing to determine whether the medical care is in the best interests of the ward. An "interested party" can also seek periodic review of the need for guardianship.

The judge can also remove a guardian who has engaged in misconduct, such as stealing from the ward. In this case, another individual may be appointed to act as the person's guardian.

How is a guardianship terminated?

Sometimes it becomes apparent that a guardianship never should have been granted for the person with a disability. Also, that person may no longer need a guardian and has regained the ability to make some or all life decisions. In such cases, it is appropriate to approach the probate court with a motion to terminate a guardianship, or a motion to reduce a guardianship to a limited guardianship. There are provisions in the law where the ward may file a motion to the court asking that the guardianship be ended. The ward can request that the court appoint an attorney to represent him or her in the hearing.

The marriage of a ward terminates the guardianship of the person, but not of the estate.

Where can I get help?

If you or someone close to you needs information about guardianship or alternatives to guardianship, contact the probate court in your county (refer to Resources for contact information).

Ask friends and family members for the name of an attorney who is knowledgeable about probate matters. If necessary, contact the lawyer referral service operated by your local bar association or one nearby. In Ohio, there is also a lawyer referral service in each metropolitan area, operated by the local bar association. (For a Web listing of lawyer referral services in Ohio, refer to Find A Lawyer on the Ohio State Bar Association Web site) Also, you may refer to the Yellow Pages of your local telephone directory. Check the Yellow Pages under "associations" or "attorney referral services."

You may also contact your local legal aid office to see if you qualify for free legal services. You can get a list of organizations in Ohio that provide free or low cost legal services or referrals in your county. To access your local legal services program, call Ohio Legal Services at 1-866-529-6446.

Resources

# data[].attributes.attachment_link.authors[].name
Midwest New Media, LLC - http://www.midwestnewmedia.com

# data[].attributes.attachment_link.title
Disability Rights Ohio - Guardianship: Frequently Asked Questions

# data[].attributes.attachment_link.description
Guardianship takes away a person's ability to make choices. Because the appointment of a guardian takes away a person's ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first.

# data[].attributes.attachment_link.readable_text
Publication summary: This booklet was written for families who have a child with a developmental disability but may be relevant for others who need to navigate the often confusing and intimidating world of probate court and guardianship. It was written by Logan K. Philipps, Esq. & William K. Root, Esq. and published by the Ohio Developmental Disabilities Council. (Published 2018)
Publication formats:
Take a look at the booklet!

Text only version

About the Ohio DD Council

The Ohio Developmental Disabilities Council (ODDC) is a planning and advocacy group of over 30 members appointed by the Governor. The ODDC receives and disseminates federal funds in the form of grant projects in order to create new ideas, pilot new approaches, empower individuals and families, and advocate for systems change to more fully include people with disabilities in their communities.

Foreword

It is our pleasure to offer this book to the community. Building on a prior version written by David Zwyer, this book offers a comprehensive overview of guardianship and alternatives in Ohio in a question and answer format. The information is written for families who have a child with a developmental disability but may be relevant for others who need to navigate the often confusing and intimidating world of probate court and guardianship. We hope this book will help families and individuals understand the strategies available to plan for an individual with a disability, lessen the fear of guardianship, and provide guidance so that all individuals in Ohio live as happily, productively, and independently as possible.

This book is not legal advice but instead offers general information that may or may not be applicable to any one situation. Over the years, we have provided information to parents, friends, relatives, and individuals about guardianships for adults who have developmental disabilities. Readers should consult their own attorneys to plan for their own unique situations.

When a person turns 18, in the eyes of the law, he or she is now considered an adult and legally responsible to make decisions for him or herself. If a person is not capable of making decisions or caring for him or herself independently, a decision-making framework is necessary to support the individual to live as happily, safely, and independently as possible.

Like each individual, each situation is unique. When families come into our office, they often think they need a guardianship because they have been told that by someone else, but a guardianship may not be necessary or recommended as the right strategy to promote the health, safety, and independence of an individual with special needs. When a family comes to us, we discuss the alternatives to a guardianship to ensure that the least restrictive yet effective strategy can be used. Because of this common misconception that a guardianship is the only strategy, this book will first discuss less restrictive strategies.

This book contains many of the questions we have been asked over the years and the answers we give.

Best,
Logan Philipps and William (Bill) Root

Table of Contents

Glossary

Guardian(s) - an adult person(s) appointed by a probate court to act on behalf of an adult with a disability

Ward - an adult with a disability for whom the guardianship is established

Probate Court - the county court that determines if a guardianship is necessary and oversees the person appointed to be guardian

Letter of Guardianship - the legal document signed by the probate court judge that provides the authority of the guardian to act on behalf of the ward

Incompetent - any person who is so mentally impaired - as a result of a mental or physical illness or disability, as a result of intellectual disability, or as a result of chronic substance abuse - that the person is incapable of taking proper care of the person's self or property, or fails to provide for the person's family or other persons for whom the person is charged by law to provide

Conservatorship - a legal arrangement in which a competent adult with physical disabilities voluntarily relinquishes rights to another individual

Agent - a person who acts on behalf of another person

Power of Attorney - the authority to act for another person in specified or all legal or financial matters
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What is a guardianship and are there alternatives?

A brief description of a guardianship is necessary in order to discuss the alternatives.

A guardianship is a court-ordered relationship in which one adult is authorized to make decisions for and act on behalf of another adult person. A guardianship is often established so that a parent or parents is/are authorized to make decisions for and act on behalf of an adult child. Either, or both parents can be appointed as guardians. A parental relationship is not a prerequisite for a guardianship; another responsible adult can serve as guardian. It is important to remember that in a guardianship, the ward loses rights and the ability to act for him or herself. The type and scope of the guardianship determines what rights and abilities the ward loses.
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How do I know if a guardianship should be established?

A guardianship is only established for individuals over the age of 18. Up until the 18th birthday, parents are already the guardians of their children. The process can begin before the 18th birthday, usually at 17 years and six months at the earliest.

To establish a guardianship of an adult, the person must be considered incompetent. This is a legal determination and is defined in the glossary. A person is considered incompetent if they are incapable of taking proper care of themselves or their property.

A guardianship cannot be established without an expert evaluation, completed by a medical professional, stating that the proposed ward is, "incompetent." These evaluation forms are available on the Supreme Court of Ohio Website and most county probate court websites.
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Are there alternatives to guardianship?

Yes, a guardianship is not always necessary (or recommended) for an adult with a disability. In fact, part of the investigation performed by court personnel is a determination if a less restrictive alternative exists. Under each of these alternatives, the individual with a disability does not lose any rights, instead he or she grants someone else the authority to act for him or her. He or she keeps their rights but in essence says, "I want someone else to do things for me."
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Decision Making in the DD System

In 2012, decision making for the services and programs offered through county boards of developmental disabilities and the Ohio Department of Developmental Disabilities (DODD) was changed to embrace individual autonomy and independence.

There is a presumption of competency, which means that if a guardianship has not been established, the individual, "shall be permitted to make the decision." The individual may seek and obtain advice, support, and guidance from an adult family member or another person without giving up the right to make the decision him or herself.

Chosen Representative - A person receiving services in the DD system can now authorize an adult to make decisions for him about DD programs and services if he or she does not have a guardian and is not comfortable making those decisions him or herself.
Choosing a Substitute Decision Maker
An individual may also choose someone else to make a decision on his or her behalf. This decision maker applies only with DD services and not any services or programs provided by agencies outside the DD System. A power of attorney would be necessary in this instance.

This authorization must be in writing. Although DODD has developed a form for such authorizations - which has the advantage of being easily recognized - the law does not limit a written authorization to this form. If the individual expresses an intent to revoke the authorization, it should be revoked.

A chosen representative appointed pursuant to this written authorization must be an adult. He or she cannot have any financial interest in the decision relating to the service or program. For example, a provider cannot serve as an authorized representative and sign the person up to receive services from the agency for which he works. Also, chosen representatives may not admit the person they represent into a developmental center. It is expected that in many cases, the chosen representative will be a parent or other family member, even if they also provide services or natural supports.

Financial Power of Attorney - A common concern for those who seek assistance for a guardianship is that the proposed ward will be taken advantage of, and therefore make poor financial decisions, such as opening credit accounts or running up large bills. There may be a less restrictive alternative to a guardianship for this purpose. A Financial Power of Attorney may be signed by the adult to grant another adult (an agent) the authority to manage his or her financial affairs. In this way, the individual with a disability maintains rights necessary to foster independence. He or she, with the agent, can work out a plan that protects the individual without sacrificing rights. For example, if the adult signs a contract or buys a car, the power of attorney has the ability to exercise the termination clause in the contract. With a power of attorney, the agent can monitor bank accounts or debit card transactions and close accounts, if necessary.

Any power of attorney can be made "durable". A "durable" power of attorney is one that states that if the signer later becomes incapacitated, the agent retains the rights granted in the document.

How this might look:

Parents would like their child to gain the ability to manage finances. If they become a guardian for their child, the child will never have the chance to manage his or her own property or bank accounts. However, if the child signed a power of attorney for his or her parents, the parents could monitor the child's spending. Taking it a step further, suppose the child is working and the parents would like to provide her with the opportunity to have her own bank account, but are concerned that the child may misuse the funds or spend them on her "new friend." Many families state this a huge concern as their child has, "never met a stranger." The parents might consider having the child's wages deposited into a savings account that is inaccessible except by going into the bank to withdraw. The parents could then establish a separate checking account with a debit card linked to it. The parents could take money from the savings account and deposit it into the checking account for the child to use. The amount of the deposit would depend on the child's ability to manage the proceeds. The idea being that if the parents deposit $25 into the checking account for the child to use for lunch for the week and the child then spends the $25 in one day buying lunch for her friends, then the parents can counsel the child and the child is out only $25. This sort of arrangement allows for the child to demonstrate the ability to manage funds, with the goal being to independently manage increasing amounts.
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Are there potential drawbacks with a Durable Financial Power of Attorney?

A power of attorney is a legal document that gives someone else, an agent, the authority to act on an individual's behalf. A person must be competent when he or she gives someone else the authority.

Because the person with the disability who signs the power of attorney retains the right to speak and act for him or herself and can overrule the agent, diligence by the agent is very important to ensure that the person is not exploited. Nonetheless, for a person who has been taken advantage of in the past, the power of attorney may be insufficient.

In addition, because only a competent person may sign a power of attorney, a legal challenge as to the competency of the person at the time of signing could be raised by an individual or organization who does not wish to allow the agent to act.

Representative Payeeship - If the only significant income an individual receives is his or her monthly Social Security benefit, it may not be necessary for a person to have a Guardian of the Estate or a Plenary Guardian. A representative payee, which can be an individual or a company, can be established through the Social Security Administration for monthly payments to be made to the representative payee for the benefit of the individual with a disability. The representative payee can then pay bills and distribute money for the benefit of the individual. In this way, the representative payee may be able to handle all relevant financial matters. A Guardian of the Person or a Limited Guardian could handle all other matters.

A representative payeeship, authorized representative or designated advocate may also be available for other state and federal benefit or entitlement programs. Each agency may have its own forms or requirements that may need to be completed.

Direct Deposits and Automatic Bill Pay - Having funds from employment or Social Security directly deposited into a bank account keeps the actual cash from going directly to the person. Automatic payments can be set up to take care of regular expenses such as utilities. In addition, if the account is a joint account with a trusted person where two signatures are required for withdrawals, that person can manage the funds. It is important that only those assets belonging to the individual with disabilities be placed in this account because Medicaid, Social Security, and other means tested benefits will consider all the funds in the account to be owned by the person with disabilities and will count them as a resource.

Direct Payments to Provider of Service - To assist an individual who may have trouble managing his or her own funds, payments could be made by a representative payee, trustee, or attorney directly to the person or entity providing a service.
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Are there alternatives to guardianships for non-financial matters?

General Powers of Attorney - A General Power of Attorney is used to authorize an agent to act on behalf of the person signing the power of attorney to care for his or her non-financial affairs. Non-financial affairs include taking care of pets, making living arrangements, talking with a provider, attending Individualized Education Program (IEP) meetings, etc.

Most individuals do not seek a General Power of Attorney alone. Our clients primarily seek us to prepare a Financial Power of Attorney first and the non-financial matters are usually incidental to the financial powers. As an illustration, the Ohio Revised Code includes a form "Statutory Power of Attorney" because a Financial Power of Attorney is so frequently needed. This form of power of attorney is only considered a Financial Power of Attorney unless it is expanded by including nonfinancial matters in the "Special Instructions" section. This form can be found online at <a href="http://www.akronbar.org/wp-content/uploads/2015/08/3- NLTBasicProbateEstatePlanning.pdf">http://www.akronbar.org/wp-content/uploads/2015/08/3- NLTBasicProbateEstatePlanning.pdf.

Despite what is written above, a General Power of Attorney can be established without a Financial Power of Attorney.

Health Care Power of Attorney - A Health Care Power of Attorney allows a person to state who he or she wants to make health care decisions for him or her if he or she cannot make those decisions him or herself. Importantly, a person can also nominate the person he or she would want to serve as his or her guardian should one become necessary. All guardians must be approved by a probate court, but a person's nomination is given preference if the nominated person is competent, suitable, and willing to accept the appointment. A Health Care Power of Attorney can be found online at https://my.clevelandclinic.org/ccf/media/Files/Patients/health-care-power-of-attorney-form.pdf?la=en.

Education Power of Attorney - An Education Power of Attorney allows a person to be a voice and act for a person in the educational arena. The person appointed can, among other things, fill out forms, speak at IEP meetings, and stand in a real or "virtual" line to register for classes.

Protective Services - A court may order a county board of developmental disabilities to provide protective services for a short time to an adult with developmental disabilities who is being abused or neglected if that adult lacks the capacity to make decisions to protect him or herself. This is described in Sections 5126.30 to 5126.34 of the Ohio Revised Code (ORC). If the individual who needs assistance is over the age of 60, then the individual might also be eligible for other services available to the elderly through Adult Protective Services.

Protection Orders - A person may also ask a court to order someone who is hurting or threatening to hurt him or her to stay away and not have any contact. It would be overly restrictive to take away an individual's rights through a guardianship in order to keep the individual safe when it might be possible to accomplish the same with a court order of protection.

Supported Decision Making - Supported Decision Making is a process by which a person with a disability employs the relationships he or she has with other people or agencies (i.e. family, friends, staff, volunteers and advocates) to assist him or her in making decisions and communicating decisions. This group of people can help ensure that the individual has a support system that meets all of his or her needs and advocates on the individual's behalf.

Release of Information - A person may sign a form that allows personal information to be given to a third party. Such releases are often used by providers to accommodate the requests from family members or caregivers for information. A HIPAA Waiver is essentially a release of information form.

A person with a disability can include other individuals in meetings with health care professionals and can grant access to protected health information. They can also communicate their intent to have another individual assist them with medical appointments. In this way, the individual with a disability maintains rights necessary to foster independence. A HIPAA release can be signed to allow another person to access medical information.

How this might look:

A newly turned 18-year-old invites his mother into his appointment with his doctor. Instead of speaking for the child, the mother sits down in the corner and allows the child to explain his symptoms to the doctor. The mother can then fill in the gaps for the doctor. Taking this a step further, the mother can prepare the child before the appointment and the child can then go into the examining room by himself to communicate with the doctor. The doctor can then come out to the waiting area and visit with the mother, independent from the child. The doctor then can go back into the examining room and visit with the child with the information the mother has provided. The idea being the child can grow into a more proactive advocate for his health care, but his mother or father are there to be sure the proper information is communicated.

Conservatorship - If an individual is mentally competent but has a physical disability, the person can:

Ask the probate court to appoint a conservator of either person or estate, or both;

Select the conservator;

Discharge the conservator if he or she is unhappy with the person or if his or her physical disability decreases; and

Specify to the court just what authority he or she wants the conservator to have.

A conservatorship looks and feels like a guardianship; but most importantly, it does not involve any finding of incompetence. See definition in glossary.
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Guardianship

In addition to the information included here, readers are encouraged to review the Ohio Attorney General's "Ohio Guardianship Guide," available on the web.
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What rights does a guardian have and what rights does a ward have?

It is important to remember that when a guardianship is established, certain rights are taken away from the ward. When thinking about rights, it is important to recall that if a guardian has authority over an aspect of the ward's life, the ward does not. Depending on the type of guardianship established, different rights will be taken away.

It is also important to recognize that some rights are personal to the individual and cannot be exercised by a guardian. A guardian cannot make a will. In addition, voting is a fundamental right. Unless a court specifically rules that a person is incompetent for purposes of voting, an individual retains the right to vote - even if the individual has a plenary guardian.

Other areas of the individual's life may touch upon fundamental rights or a right of privacy. There may be certain medical procedures to which a probate court will not allow a guardian to give consent, such as abortion or sterilization. However, courts may prevent or nullify the marriage of a ward, especially if the marriage takes place without the guardian's consent.
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What types of guardianship can be established?
Limited Guardianship
Limited Guardianship is a relationship where the guardian has control only over a portion of the ward's life. Only certain, specific rights are removed.

Thus, you might have a Limited Guardian for medical purposes only (that is, to provide consent for medical procedures), for placement purposes only, or for the limited purpose of approving behavior plans and/or psychotropic medications. Because this is the least restrictive form of guardianship, it should be used whenever possible when some form of guardianship is necessary. A Limited Guardianship may also be limited to a time-frame (e.g., one year) instead of for a purpose.
Guardianship of the Person
Guardianship of the Person is a relationship where the guardian controls and protects the personal needs of the ward. Guardianship of the Person gives the guardian the authority to make all day-to-day decisions of a more personal nature (that is, all decisions except financial decisions) on behalf of the ward. Such decisions would include arrangements for food, clothing, residence, medical care, recreation, education, and other concerns. It also includes medical consents, consents to Individual Service Plans (ISPs), Individual Habilitation Plans, consents to participate in Special Olympics, to have a photo of the individual used, and so on.
Guardianship of the Estate
Guardianship of the Estate is a relationship where the guardian controls and protects the assets of the ward. Guardianship of the Estate gives the guardian the authority to make all financial decisions for the ward. This includes the ability to enter into contracts on behalf of the ward.
Plenary Guardianship
Plenary Guardianship is a combination of the authority of both the Guardianship of the Person and Guardianship of the Estate. Plenary Guardianship gives the guardian the authority to make nearly all decisions for the individual, and combines the authority of Guardianship of the Person and Guardianship of the Estate. It also sweeps away more personal rights than any other form of guardianship.
Emergency Guardianship
Emergency Guardianship allows a court to intervene to appoint someone for a short and definite period of time. The Emergency Guardianship lasts for only 72 hours. Emergency Guardianship can be extended by the probate court for an additional 30 days after a hearing.
Interim Guardianship
Interim Guardianship allows a court to appoint someone on a temporary or interim basis because the former guardian is no longer available. An Interim Guardian can be initially appointed for a period of 15 days, and for good cause the Interim Guardianship may be extended another 30 days.
Guardian ad litem
Guardian ad litem is a different type of guardianship in which a guardian is appointed for the very specific purpose of representing a minor or someone who is allegedly incompetent during the course of a particular type of litigation. A Guardian ad litem's authority ends when the litigation ends.
Co-Guardianship
Co-Guardianship occurs when two people are appointed to act as guardian for someone at the same time. In other words, two people share the guardianship responsibilities. Co-Guardianship is often not a good idea in a divorce situation and many courts will not consider it. A court will also not appoint co-guardians in a situation in which there is animosity between the potential co-guardians. Depending on the county court and judge, Co-Guardianship may also require both guardians to sign every form, creating additional logistical problems in completing paperwork on time. Co-Guardianship is not recognized in every county. The probate court of the county of residence for the ward should be contacted to make a determination if Co-Guardianship is available.
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Is a guardian responsible if a ward commits a crime or injures another person or property?

A guardian is not liable for the actions of a ward who commits a crime or otherwise injures someone or another's property.
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What kind of liability does a guardian have?

Potential guardians do not have to worry about exposing their personal assets when they consider whether to become guardians.

Ohio law provides that a guardian is not personally liable under any contract signed by the guardian on behalf of the ward, unless the contract itself states that the guardian is liable, or the guardian is acting negligently or outside the scope of authority as guardian. Negligence is a legal term. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.

It is imperative that a guardian make it known that he or she is acting in the official capacity as guardian. The words "guardian" or "as guardian" should be used following the name or signature of the guardian.

A guardian (any type) is not personally liable for any debt of the ward, unless the guardian or conservator agrees to be personally responsible for the debt, or the guardian is liable for that debt because of another legal relationship (i.e. medical care for a spouse, the negligence of the guardian caused the debt, or the guardian acted beyond their authority and caused the debt).
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Must a guardian live in Ohio?

It is desirable for the guardian to live near the ward, preferably in the same county and same state. It is difficult for a guardian to carry out duties if he or she does not have frequent face-to-face contact with his or her ward. However, a probate court is able to appoint an out-of-state person to serve as guardian of the estate if a parent nominated the out-of-state person in any document signed by two witnesses or notarized.
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After parents die, who will serve as guardian for the ward?

A parent may nominate a person to serve as guardian for their incompetent adult child. Typically, this is done in a Last Will and Testament but can also be done in a separate document and will be effective if the parent signs the document before two witnesses who also sign the document as witnesses, or if the document is notarized.

Ohio law respects the right of parents to choose guardians for their children who are unable to take care of themselves, no matter where the guardian lives. Therefore, parents may nominate an out-of-state resident to serve as guardian. However, because Ohio Medicaid Waivers do not transfer from Ohio to another state, if the intention of a parent or parents is for their child to live with the guardian, an in-state guardian may want to be given strong consideration.

It is important to remember that a nomination is not an automatic assignment. Parents may "nominate" a guardian, but the nominated guardian will still need to apply to the probate court. However, if the requirements of the law are followed, the person nominated by the parents will have a preference in appointment.
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How is a guardianship established?

A proposed guardian must file an application in the probate court of the county where the proposed ward lives. After the application is filed, a probate court investigator, typically called a Court Investigator, will contact the proposed guardian or the contact person listed on the application and arrange to visit the proposed ward and make an independent assessment regarding the need for the guardianship and the proposed guardian's ability to serve.

During the meeting with the proposed ward, the Court Investigator will inform the proposed ward that he or she has the following rights:

The right to object to the guardianship;

The right to have an attorney represent him or her, even if he or she cannot afford one;

The right to be present during the hearing;

The right to receive notice of the hearing;

The right to request a record of the hearing;

The right to have a friend or family member of his or her choice present;

The right to prevent his or her personal physician and certain other parties from testifying against him or her; and

The right to have an independent evaluation.

The probate court will schedule a hearing to be held. At that hearing, a probate judge or magistrate will determine whether a guardianship is necessary and the suitability of the proposed guardian to serve.

The proposed guardian must attend the hearing and will be asked questions by the magistrate regarding the relationship, the need, and the willingness to serve as guardian. The proposed guardian will take an oath, promising to care for the ward.

The proposed ward is not required to attend the hearing but has a right to. At the hearing, the proposed ward may have an attorney at no cost. The proposed ward or his or her attorney may communicate to the court if he or she agrees with the guardianship and the proposed guardian at the hearing. The proposed ward may offer evidence to demonstrate why the guardianship is unnecessary or the proposed guardian is not a good choice.
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Is an attorney necessary to file for guardianship?

Whether you need an attorney to assist you depends upon the rules of the probate court for the county where the proposed ward lives, and the type of guardianship for which you are applying. Before applying, theperson applying for guardianship should call the clerk of the probate court to ask whether an attorney is required.

In some counties, it will be necessary to hire an attorney to file the guardianship application in probate court. This is especially true when the application is for a Guardianship of the Estate where a bond will also have to be posted.

If an attorney is not required, you may apply to serve as a guardian. The process is form driven and many probate courts have packets of the required forms. As a practical matter, if your county does not offer a packet, a person seeking guardianship can use the forms available on the Franklin County Probate Court's website as a guide, being mindful that local courts may have their own forms.
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What are the duties of a guardian?

Being a guardian can be a lot of work. Both the Ohio Revised Code and local rules govern the duties of a guardian. Some of those duties include the following:
Authority:
The guardian of a ward is under the jurisdiction and authority of the probate court. This means the magistrates and judges of the court supervise the guardians. The court is called the Superior Guardian. Therefore, guardians must follow all orders of the probate court, which is their Superior Guardian and the source of their authority. They can be removed if they do not.
Education:
Ohio law requires that all guardians attend mandatory training. There is a one-time fundamentals course lasting six hours and continuing education requirements (3 hours) for each following year. To help meet this requirement, the Supreme Court of Ohio offers free courses to guardians of adults. These courses are offered in many communities throughout Ohio and online via the Internet.
Reporting:
At a minimum, guardians must file either annual or biannual reports with the probate court to enable the court to monitor the condition of the ward and to determine whether there is a need for the guardianship to continue.

The law requires a guardian to file a report with the probate court at least every two years, but some courts require the guardian's report annually. Not only will guardians be required to state whether there is need for the guardianship to continue, but they also must submit another Statement of Expert Evaluation signed by either a physician, a licensed social worker, a licensed clinical psychologist, or the person's developmental disabilities team. In some counties, the Statement of Expert Evaluation may be waived after the first report has been filed, if the ward's condition and the need for guardianship is not expected to change. This waiver of annual reporting is granted by the local court at the request of the guardian. The request must be accompanied by a signed statement from the expert stating that the ward's condition is not likely to improve.

A guardian must notify the court of any abuse, neglect, or exploitation of the ward.

A guardian must notify the court of a change of residence and should notify the court before the change occurs. A ward's change of residence to a more restrictive setting in or outside of the county of the guardian's appointment must be approved by the court, unless a delay in authorizing the change of residence would affect the health and safety of the ward.

Guardians of the Estate are required to get permission from the probate court before making expenditures from the ward's estate, unless such authority is specifically granted in their letter of guardianship or other order of the court. Guardians of the Estate must report annually as to how they spent the funds of the ward on his or her behalf during the prior year. Guardians are required to keep an accounting and submit receipts for all such expenditures. Guardianship of the Estate may be cumbersome. Unless it is absolutely necessary, consider the use of an alternative.
Seeking Guidance:
When in doubt as to what to do on behalf of the ward, guardians may seek direction from the probate court. It may be necessary for the guardian to submit a motion to the court for direction, and to request a hearing, in order to get such direction. At a minimum, the court will expect a Guardian of the Person to keep the ward safe, nourished and healthy, and a Guardian of the Estate to protect the ward's assets.
Care and Advocacy:
Guardians are expected to follow the recommendations of physicians concerning the health of their wards. Guardians may have to seek to put behavior support plans in place for their wards, work collaboratively with service providers to solve issues related to behavior support plans, or if issues cannot be resolved advocate for their ward in Court. Sometimes acting in the best interest of their wards means that guardians will have to speak up and advocate for them.

Guardians cannot delegate their authority through a power of attorney or otherwise. However, a guardian who is going to be absent for a time, might show their Letter of Guardianship to the family physician and let the physician know in whose care the ward will be during their absence. The guardian might also complete a form that gives the temporary custodial party permission to seek medical attention for their ward in their absence. A guardian is expected to use his or her judgment and seek advice from the probate court if needed in determining what is in the best interest of the ward.
Maximize Person-Centered Planning:
Ohio law makes clear that all individuals with developmental disabilities, including those with guardians, have the right to participate in decisions that affect their lives and to have their needs, desires, and preferences considered. Guardians must prepare and file an annual plan that lists personal and financial goals for the person under guardianship. The annual plan is in addition to the guardianship report. This requirement became effective in June 2015, and is a reflection of the extraordinary act that guardianship is (taking away rights) and reminds all persons that a ward is a human being with goals and rights, and that a guardian must serve as an advocate to help the ward live as independently as possible.
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What happens if the guardian is not appropriate or doing an appropriate job?

If someone believes that a guardian is not doing a good job, he or she should bring the matter to the attention of the probate court. The court may set the matter for hearing, or it might ask its investigator to review the ward's situation and the involvement of the guardian.

Likewise, if the ward wants a new guardian, the ward should bring that to the attention of the probate court. The court may hold a hearing on the matter. In an ideal situation, the current guardian would resign and a new person approved by the ward would apply to become the successor.

Short of the ward suffering loss of assets, injury or ill health as a result of neglect by the guardian, probate courts are unlikely to remove a guardian who wants to continue to serve, especially a family member. Even motions by divorced spouses to take over guardianship of their child are unlikely to succeed without a very clear and persuasive reason to make a change.
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Can a guardianship be terminated once it is established?

Sometimes it becomes apparent that a guardianship should not have been created in the first place, that a guardianship is no longer necessary, or the level of restrictiveness is no longer appropriate. Only the court can terminate a guardianship. This process is started by submitting a motion to the probate court.

A ward may submit a motion to the court 120 days after the guardianship becomes effective, asking that the guardianship be ended. The ward may renew his or her request once a year after that. See O.R.C. Section 2111.49 (C). If the ward alleges his or her competence, the burden of proving his or her incompetence by clear and convincing evidence is on the guardian.

A court will require evidence as to why the underlying condition that justified the guardianship in the first place has abated and that the guardianship is no longer necessary.

A marriage of the ward terminates guardianship of the person but not the estate. There is a presumption that the spouse will now oversee the personal care of the incompetent spouse. However, if the competent spouse does not have legal authority via a guardianship or power of attorney, that spouse will not be able to legally make decisions for the spouse who needs care.

If two individuals who are under a guardianship get married, both will no longer have guardians of their person. Therefore, if two individuals under guardianships wish to be married, their guardians should be prepared to file a new application after the marriage if they wish to reestablish the guardianships.
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Can a parent be guardian and a paid provider of services?

Yes, if the probate court will allow it. Ohio rules generally prohibit a court from issuing letters of guardianship to a paid provider. However, the probate court may exempt relatives from this prohibition. The probate court must approve of a guardian becoming a paid provider.
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Final Thoughts

It is our sincere hope that this book has provided you with some answers to questions that you have. Because every individual is unique, each situation regarding guardianship is unique. If you have additional questions, you should ask other parents, the Ohio DD Council, other trusted advisors, or an attorney with a focus on Special Needs Planning for additional information.
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About the Authors
Logan K. Philipps, Principal
Resch, Root & Philipps, LLC
Logan has been an attorney since 2006. As an estate planning attorney, Logan helps people plan for bright tomorrows for themselves and their loved ones.

An area of concentration for Logan's practice is planning for families with children with special needs. Before becoming a lawyer, Logan taught elementary school in Cincinnati, Ohio. He utilizes his teaching background to educate individuals, parents, grandparents and loved ones about the strategies available to protect family members. His experience with special needs started as a teenager when his father remarried, and he gained a stepbrother who has special needs.

Logan lives in Grandview Heights with his wife and three boys.
William (Bill) K. Root, Principal Resch, Root & Philipps, LLC
Bill has been an attorney since 1980. Bill has limited his practice to estate and business planning, which allows him the opportunity to work with individuals and business owners to help them plan their personal estates, and for the successful transition of their business interests.

Bill's special needs planning practice started in 1985 with the birth of his second child, Erin. He and his wife attended more IEPs, school meetings, seminars, doctor's appointments and consults that he can begin to count. They participate in a number of special needs organizations. They also established the Erin Root Fund for Children at the Columbus Foundation and have directed their charitable giving to organizations created to serve children with special needs.

Bill lives in Dublin with his wife, Tina.
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Ohio Developmental Disabilities Council is committed to self-determination and community inclusion for people with developmental disabilities. The Council is made up of over 30 governor-appointed members who decide on grants to offer to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life in Ohio.

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Fare-Cle Transportation (providing rides for those with disabilites.)

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Fare-Cle Transportation (providing rides for those with disabilites.)

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The community of individuals with disabilities in NE Ohio is fortunate to have many opportunities for work, recreational and social activities. Driving to all of them, however, can be challenging.

At Fare-Cle, we seek to provide the community with a simple service: safe drivers you can trust to help with your transportation needs. Now your family member can attend activities without disrupting your schedule!

Swing over to our registration page to start your ride!

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The community of individuals with disabilities in NE Ohio is fortunate to have many opportunities for work, recreational and social activities. Driving to all of them, however, can be challenging. At Fare-Cle, we seek to provide the community with a simple service: safe drivers you can trust to help with your transportation needs.

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College and Careers Transition Initiative

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College and Careers Transition Initiative

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A national RFP process was conducted to identify outstanding site partnerships committed to serving as exemplars and leaders in facilitating and expanding promising college and career transition strategies and programs of study, and in improving academic performance of students at both the secondary and postsecondary levels. The 2003-2004 CCTI Site Partnerships were selected in May.

To support the project, the League for Innovation in the Community College (League) has entered into a cooperative agreement with the U.S. Department of Education (ED), Office of Vocational and Adult Education (OVAE), to lead the CCTI Consortium of site partnerships. Through its collaboration, the CCTI Consortium will identify, develop, and refine practices that help students move effectively from high school to college and to careers by better aligning and improving the quality of secondary and postsecondary programs in high-demand career areas.

The League has identified project partners to provide professional development and support to the selected site partnerships to achieve the purpose of the project. Project partners include the American Association of Community Colleges (AACC), Community College Survey of Student Engagement (CCSSE), The Chauncey Group International (CGI), and the Center for Occupational Research and Development (CORD).

This initiative is designed to support the principles established in the No Child Left Behind Act of 2001, by investing in strategies to

close the achievement gap;

create meaningful educational options that help students with diverse backgrounds and needs reach uniformly high standards; and

ensure that students attain these high standards at each level of their educational careers.

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College and Career Transitions Initiative

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A national RFP process was conducted to identify outstanding site partnerships committed to serving as exemplars and leaders in facilitating and expanding promising college and career transition strategies and programs of study, and in improving academic performance of students at both the secondary and postsecondary levels.

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National Collaborative on Workforce and Disability Youth

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National Collaborative on Workforce and Disability Youth

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Parents of youth with disabilities should begin thinking about transition (planning for adulthood) as early as possible. Although the formal process of transition planning doesn't begin until high school, it is helpful to begin thinking about it much sooner.

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Middle & High School Transition Planning - National Parent Center on Transition and Employment

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Parents of youth with disabilities should begin thinking about transition (planning for adulthood) as early as possible. Although the formal process of transition planning doesn't begin until high school, it is helpful to begin thinking about it much sooner.

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Link-checked, February 2018 About transition in Spanish | Sobre transición en español
Life is full of transitions, and one of the more remarkable ones occurs when we get ready to leave high school and go out in the world as young adults. When the student has a disability, it's especially helpful to plan ahead for that transition. In fact, IDEA requires it.
Quick-Jump Index
A Quick Summary of Transition

Transition services are intended to prepare students to move from the world of school to the world of adulthood.

Transition planning begins during high school at the latest.

IDEA requires that transition planning start by the time the student reaches age 16.

Transition planning may start earlier (when the student is younger than 16) if the IEP team decides it would be appropriate to do so.

Transition planning takes place as part of developing the student's Individualized Education Program (IEP).

The IEP team (which includes the student and the parents) develops the transition plan.

The student must be invited to any IEP meeting where postsecondary goals and transition services needed to reach those goals will be considered.

In transition planning, the IEP team considers areas such as postsecondary education or vocational training, employment, independent living, and community participation.

Transition services must be a coordinated set of activities oriented toward producing results.

Transition services are based on the student's needs and must take into account his or her preferences and interests.

Not enough detail? We can fix that! Keep reading...

IDEA's Definition of Transition Services

Any discussion of transition services must begin with its definition in law. IDEA's definition of transition services appears at §300.43. It's rather long but see it in its entirety first, and then we'll discuss it in parts.
§300.43 Transition services.
(a) Transition services means a coordinated set of activities for a child with a disability that-

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes-

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

Considering the Definition

A number of key words in the definition above capture important concepts about transition services:

Activities need to be coordinated with each other.

The process focuses on results.

Activities must address the child's academic and functional achievement.

Activities are intended to smooth the young person's movement into the post-school world.

You can also see that the definition mentions the domains of independent and adult living. The community.... employment.... adult services... daily living skills... vocational... postsecondary education. This clearly acknowledges that adulthood involves a wide range of skills areas and activities. It also makes clear that preparing a child with a disability to perform functionally across this spectrum of areas and activities may involve considerable planning, attention, and focused, coordinated services.

Note that word-coordinated. We italicised it above because it's very important. Transition activities should not be haphazard or scattershot. Services are to be planned as in sync with one another in order to drive toward a result.

What result might that be? From a federal perspective, the result being sought can be found in the very first finding of Congress in IDEA, which refers to "our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities." [20 U.S.C. 1400(c)(1)] Preparing children with disabilities to "lead productive and independent adult lives, to the maximum extent possible" is one of IDEA's stated objectives. [20 U.S.C. 1400(c)(5)(A)(ii)]

Students at the Heart of Planning Their Transition

For the students themselves, transition activities are personally defined. This means that the postsecondary goals that are developed for a student must take into account his or her interests, preferences, needs, and strengths. To make sure of this, the school:

must invite the youth with a disability to attend IEP team meeting "if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b)," and

"must take other steps to ensure that the child's preferences and interests are considered" if the child is not able to attend [§300.321(b)].

As you keep reading below, keep the importance of student involvement in mind, because there are many excellent materials and guides available to help students become involved in their own transition planning...and many good reasons to do so. To connect with that info:

When Must Transition Services Be Included in the IEP?

What's not apparent in IDEA's definition of transition services but nonetheless critical to mention is the timing of transition-related planning and services: When must transition planning begin?

The answer lies in a different provision related to the content of the IEP. From §300.320(b):

(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include-

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

So, the IEP must include transition goals by the time the student is 16. That age frame, though, is not cast in concrete. Note that, in keeping with the individualized nature of the IEP, the IEP team has the authority to begin transition-related considerations earlier in a student's life, if team members (which include the parent and the student with a disability) think it is appropriate, given the student's needs and preferences.

A Closer Look at What to Include in the IEP

Breaking the provisions at §300.320(b) into their component parts is a useful way to see what needs to be included, transition-wise, in the student's IEP. This is also where the rubber meets the road, so to speak, because what's included in the IEP must:

state the student's postsecondary goals (what he or she hopes to achieve after leaving high school);

be broken down into IEP goals that represent the steps along the way that the student needs to take while still in high school to get ready for achieving the postsecondary goals after high school; and

detail the transition services that the student will receive to support his or her achieving the IEP goals.

Writing goal statements can be a challenging business, because it's not always obvious what needs to be included in a goal statement. Goal-writing is a topic worthy of an entire discussion on its own. To shed light on how to write transition-related goals statements--both postsecondary goals and the corresponding IEP goals--we prepared just such a page.

To connect with info and examples on writing transition goal statements:

The Domains of Adulthood to Consider

The definition of transition services mentions specific domains of adulthood to be addressed during transition planning. To recap, these are:

postsecondary education,

vocational education,

integrated employment (including supported employment),

continuing and adult education,

adult services,

independent living, or

community participation.

These are the areas to be explored by the IEP team to determine what types of transition-related support and services a student with a disability needs. It's easy to see how planning ahead in each of these areas, and developing goal statements and corresponding services for the student, can greatly assist that student in preparing for life after high school.

Need more info about any one or all of these domains?

Try our separate pages on:

Types of Activities to Consider

Remember that IDEA's definition of transition services states that these are a "coordinated set of activities" designed within a results-oriented process? Specific activities are also mentioned, which gives the IEP team insight into the range of activities to be considered in each of the domains above:

Instruction;

Related services;

Community experiences;

The development of employment and other post-school adult living objectives; and

If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. [§300.43(a)(2)]

Confused by all these lists? Putting them together, what we have is this: The IEP team must discuss and decide whether the student needs transition services and activities (e.g., instruction, related services, community experiences, etc.) to prepare for the different domains of adulthood (postsecondary education, vocational education, employment, adult services, independent living, etc.) That's a lot of ground to cover!

But it's essential ground, if the student's transition to the adult world is to be facilitated. A spectrum of adult activities is evident here, from community to employment, from being able to take care of oneself (e.g., daily living skills) to considering other adult objectives and undertakings.

Resources of More Information

Transition is a huge topic. Its treatment here is necessarily brief, given all that can be said on the subject. Perhaps it would be most useful now to connect you with the "transition experts"-the organizations and centers that focus with great purpose on transition planning for students with disabilities. You'll find those experts identified throughout the transition pages listed below.

Where would you like to go next-employment connections, education/training connections, independent living? Pick your path below!

Transition "Starters" for Everyone
Start with these beginning links to transition resources, divided into resources for general audiences, for parents, for professionals, and for students.

Transition Goals in the IEP
What kind of information might you include in a student's IEP as part of transition planning? Here's a closer look at writing transition-related IEP goals.

Students Get Involved!
Very important! Come here if you're looking for resources about involving students in transition planning, person-centered planning tools, or materials and connections made just for students themselves.

Adult Services: What Are They? Where Are They?
Representatives of outside agencies may be invited to the IEP transition-planning table. Read about four of the primary agencies in adult services: Vocational Rehabilitation, the Social Security Administration, state-level agencies, and independent living centers. And, of course, there's an "other" category-other players and groups you may want to involve, too.

Potential Consultants to the Transition Team
In addition to the main players at the transition planning table, have you thought about inviting any of these potential consultants to join the discussion?

Education/Training Connections
Learn more about postsecondary education options such as college, trade schools, adult or continuing education, and vocational education. Connect with resources and helpful organizations.

Employment Connections
What about work? What about preparing for a career? What career? Who can help? Find out here.

Independent Living Connections
Independent living involves so very much--making choices about how and where we live in the community. It involves everything from setting an alarm clock to getting out of bed, to self-care, to getting to work and back home again, to what to eat for dinner. Lots to think about and get ready for!

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Link-checked, February 2018 About transition in Spanish | Sobre transición en español Life is full of transitions, and one of the more remarkable ones occurs when we get ready to leave high school and go out in the world as young adults. When the student has a disability, it's especially helpful to plan ahead for that transition.

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Transition, Transition Services, Transition Planning
Legal Definitions l Transition and Opportunities l Transition Plans
Legal Decisions l Publications l College Students l Scholarships l Early Childhood Transition

IEP Teams tend to overlook the possibilities of transition plans as opportunities. Parents need to educate themselves about the requirements for transition assessments, plans, and services.

The purpose of the Individuals with Disabilities Education Act is "to ensure that all children with disabilities have available to them a free appropriate education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living." (20 USC 1400(d)) See Legal Definitions of Transition, Transition Plans, Assessments, Services.

It's time to begin planning so your child is preparing for work, further education and/or independent living Think About Transitions as Opportunities

. These articles, resources, and free publications will help.

Find Your Dream Job: Know Your Interests, Aptitudes and Personality. Pete Wright shares his personal experiences with vocational assessments and adds "Before you try to create a treatment plan, get the data first."

Transition Assessments: What is My Parental Role? Few parents and educators know the legal requirements for transition plans and assessments. IDEA requires your child's IEP team to use age-appropriate transition assessments to determine each child's transition needs. You are the expert on your child so you need to share info about your child's strengths and interests with the IEP team.

Certificate Instead of Diploma - Is This OK? Your child is eligible for special education until he graduates from high school with a *regular high school diploma* or ages out at age 22. Do not accept a certificate. A certificate is meaningless and will not help him get a job, get further education or be self sufficient and independent.

Transition Planning: Setting Lifelong Goals -- Jennifer Graham and Peter Wright, Esq. offer advice and checklists that will help your child make a successful transition from school to employment or further education.

Making the Transition from School to Work by Sue Whitney.

IEPs for Success by Dr. Barbara Bateman includes extensive discussion of transition and transition plans.

IDEA Funds for Postsecondary Programs - While Still in High School. IDEA funds can be used for dual enrollment, comprehensive transition and other postsecondary education programs for students and youth with disabilities.

Termination Before Transition: Is This a Good Plan for Your Child? Don't allow the school to terminate your child's special education eligibility unless and until you are convinced that they are functioning well, can get a good job, and pursue further education if he wants to.

Transition: Summary of Performance (SOP) When your child graduates from high school with a regular diploma or "ages out" of special education, IDEA requires the school to provide a "summary of academic achievement and functional performance" to help with the transition.

Establishing Exit Criteria for a 20 Year Old Student. There are no clear, specific standards that establish exit criteria for a 20 year old student -- except for a regular high school diploma. Absent that, exiting is not an option.

Transitional Programs on College Campuses or in the Community. Find out what IDEA says ..."Part B funds can be used for student 'participation in transitional programs on college campuses or in community-based settings. . ."

We Need a Transition Plan with "Hands-On" Experience. Transition planning is an IEP team responsibility. Like other services in the IEP, transition services should be based on your son's needs, not what the school has available.

The IEP for Transition Age Students. Excellent information about IEPs for "transition-aged students." Learn about transition requirements, members of the IEP transition team (including student and parents), special factors for the IEP team to consider (National Center on Secondary Education and Transition and The Pacer Center).

Transition Plans: Thinking Out of the Box

IEP Teams tend to overlook the possibilities of transition plans as opportunities. Parents need to educate themselves about the requirements for transition assessments, plans, and services. When you find useful publications about transition, try to get an extra copy to share with your IEP team.

Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities. The IDEA and the Rehabilitation Act make clear that transition services require a coordinated set of activities for each student with a disability in an outcome-oriented process. This process is intended to promote each child's movement from school to post-school activities that include postsecondary education, vocational training, and competitive integrated employment. (Office of Special Education and Rehabilitative Services, January 2017)

LDAdvisory.com. Helping students with disabilities successfully transition to college.

Got Transition. Find resources to develop youth and parent leadership in advocating for needed transition supports and participating in transition quality improvement efforts.

Transition of Students with Disabilities to Postsecondary Education: A Guide for High School Educators (March 2011). This document provides high school educators with answers to questions students with disabilities may have as they prepare to move to the postsecondary education environment.

Parents Guide to Transition. This article will increase your knowledge and provide tools to help you prepare for your child's transition from K-12 education to postsecondary education and life as a young adult.

The Guideposts for Success for Youth. What all youth need to successfully transition into adulthood from the Office of Disability Employment Policy (ODEP). Based on an extensive literature review of research, demonstration projects and effective practices covering a wide range of programs and services, including youth development, quality education, and workforce development programs.

Workforce Recruitment Program. Coordinated by the Office of Disability Employment Policy (ODEP) and the U.S. Department of Defense, the WRP is a recruitment and referral program that connects federal and private sector employers with highly motivated postsecondary students with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs.

What's Health Got to Do With Transition? (2005) from Healthy and Ready to Work by Patti Hackett, MEd, National Center for Secondary Education and Transition.

from Transitioning to Life After High School NCLD.

Transition to Adulthoodfrom the Center for Parent Information and Resources (CPIR).

Charting a Course for the Future - a Transition Toolkit from the Colorado Department of Education.

Transition to School and Work: A blueprint for your child's success after high school a brochure on transition planning for parents from the National Joint Committee on Learning Disabilities ( NJCLD).

Youth Information, Training, and Resources - Center for Self-Advocacy Leadership (CSAL) Virginia. The Center for Self-Advocacy Leadership (CSAL) provides information, training, and resources to increase self-advocacy leadership skills in youth and young adults with disabilities (ages 13 to 30) who are emerging leaders.

Transition Topics to help you understand the transition process from the National Collaboration on Workforce and Disability.

Transition Terminology. A Glossary of transition terms from CDE.

Transfer of Rights for Students with Disabilities upon Reaching the Age of Majority in Virginia. Technical Assistance Resource Document (Virginia 2015). Includes a sample Power of Attorney letter in Appendix B.

Transition: Legal Definitions

The phrase "further education" and the emphasis on effective transition services is new in IDEA 2004. Section 1400(c)(14) describes the need to provide "effective transition services to promote successful post-school employment and/or education. (See "Findings and Purposes" in to be a , including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;is Wrightslaw: Special Education Law, 2nd Edition, pages 45-48)

Congress also made significant changes in the legal definition of "transition services".

(34) Transition Services - The term `transition services' means a coordinated set of activities for a child with a disability that-

(A) is designed results-oriented process, that is focused on

(B) based on the individual child's needs, taking into account the child's strengths, preferences, and interests;

(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. (See "Definitions" in Section 1401, Wrightslaw: Special Education Law, 2nd Edition, page 56) improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities
Legal Decisions Yankton School District v. Schramm (8th Cir. 1996) Eligibility for special education under IDEA v. Section 504; transition from school to life after school; unilateral termination of special education services; attorney's fees.
Free Publications

Transition to Adulthood Guidelines for Individuals with ASD. The OCALI Guidelines for Transition will help the user understand these challenges and raise awareness of these important considerations from OCALI.

Helping Youth with Learning Disabilities Chart the Course - from the National Collaboration on Workforce and Disability.

The IEP for Transition Age Students - National Center on Secondary Education and Transition and The Pacer Center (2002).

Moving On to High School: A Tip Sheet for Parents of Children on Individualized Education Programs - Transition to 8th grade from the Institute for Community Inclusion, University of Massachusetts Boston.

Person-Centered Planning: A Tool for Transition. Under IDEA 2004, IEPs must include transition services for the child by age 16. The transition plan should reflect the student's interests, preferences, accomplishments and skills, what they need to learn, and what they want to do. Person-centered planning is a way to identify goals and develop plans to accomplish goals (published by the National Center on Secondary Education and Transition and The Pacer Center).

Secondary to Postsecondary Education Transition Planning for Students with Learning Disabilities - National Joint Committee on Learning Disabilities.

What Works: Transition Research - National Center on Secondary Education and Transition
College Students with Disabilities
College-bound students need to learn self-advocacy skills - how to present information about their disability and accommodations so professors are willing to help. If students master these skills, they are far more likely to make a successful transition from high school to college.

Please check the resources on the College, Continuing and Higher Education page.

Download the Help for College Students with Disabilities. More Wrightslaw flyers.

IEPs do not follow students into college. Make sure you and your child know what to expect. Read Your Rights and Responsibilities in College by the U.S. Department of Education, Office for Civil Rights.

Letter to Parents from the U.S. Department of Education, Office for Civil Rights (OCR) about changes students with disabilities encounter as they make the transition from high school to postsecondary education. Postsecondary institutions have significantly different responsibilities from those of school districts. This letter provides examples of the unique relationship between postsecondary institutions and students with disabilities.

Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities(U. S. Department of Education)
These books will answer many questions students have when deciding on a college.. Short booklet for students who plan to continue their education after high school; includes questions and answers about admissions, accommodations & academic adjustments, documentation, evaluations, and discrimination under Section 504 of the Rehabilitation Act. In html

The K&W Guide to College Programs & Services for Students with Learning Disabilities or Attention Deficit/Hyperactivity Disorder, 14th Edition (College Admissions Guides) - A resource book for students, parents, and professionals.

Visiting College Campuses - When to go, how to get there, where to stay, and how to get the most from your visit - complete profiles of the nation's 249 most toured schools - information on campus tour schedule, interviews, and local accommodations.

Peterson's Colleges for Students with Learning Disabilities or AD/HD 8th edition (2007) - More than 700 college programs in the U.S. and Canada for special needs students.

Learn more about Section 504, ADA and life after school.

Learn more about College: Continuing and Higher Education.
Scholarships
This is the time for high school seniors to visit college campuses and get a head start on their college applications. Learn about financial aid for students with learning disabilities.

Books
Transition
Life Beyond the Classroom: Transition Strategies for Young People with Disabilities, Fifth Edition (2012) by Paul Wehman

Vocational & Technical Schools--East 9th Editon

The Transition Handbook: Strategies High School Teachers Use that Work! by Carolyn Hughes and Erik W. Carter
College and Continuing Education
Accommodations in Higher Education under the Americans with disabilities Act: A No-Nonsense Guide for Clinicians, Educators, administrators, and Lawyers by Michael Gordon and Shelby Keisern

The K&W Guide to College Programs & Services for Students with Learning Disabilities or Attention Deficit/Hyperactivity Disorder, 14th Edition (College Admissions Guides) (Paperback)

Colleges for Students with Learning Disibilities or ADD (Peterson's)

College And Career Success For Students With Learning Disabilities

Survival Guide for College Students with ADHD or LD by Kathleen G. Nadeau

Going To College: Expanding Opportunities For People With Disabilities (Paperback) by Elizabeth Evans Getzel and Paul Wehman (Editors)

Succeeding in College With Asperger Syndrome by John Harpur, Maria Lawlor, Michael Fitzgerald

Realizing the College Dream With Autism or Asperger Syndrome: A
Parent's Guide to Student Success

Transition in Early Childhood

Foundations of Transition for Young Children - Effective Transition Practices in Early Childhood.

Transition of Young Children in Early Childhood Programs from CONNECT: The Center to Mobilize Early Childhood Knowledge from the Child Development Institute at UNC. This training module is about transition from Part C of IDEA (infants and toddlers- birth to three) to Part B (young children - three to six) programs.

More about Early Childhood - Early Intervention

Directory of Topics

Last Revised: 01/27/22

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individuals with disabilities education act

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Transition from Special Education: Transition Services Transition Plans - Wrightslaw

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Transition, Transition Services, Transition Planning includes articles, cases, and free publications to prepare students with disabilities and their families for life after school, including employment and further education, to enable them to be independent and self-sufficent.

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Opportunities for Ohioans with Disabilities (OOD)

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Opportunities for Ohioans with Disabilities (OOD)

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Opportunities for Ohioans with Disabilities or OOD, partners with Ohioans with disabilities to achieve quality employment, support their desire for independence and assist them with Social Security disability determination outcomes.

OOD works with partners from the business community, education and non-profit organizations to facilitate customized employment plans for Ohioans with disabilities. helps Ohio companies to recruit and retain employees with disabilities, and is the sole agency determining medical and vocational Social Security Disability Insurance and Supplemental Security Income programs, better known as SSDI and SSI.

Vocational Rehabilitation Helps People with Disabilities Find or Keep a Job

OOD's Bureau of Vocational Rehabilitation and Bureau of Services for the Visually Impaired provide vocational rehabilitation services to eligible Ohioans with disabilities. With employment services like job coaching, vocational rehabilitation can help people with physical, intellectual, mental health and sensory disabilities to get a job or keep the job they have now. To learn more or find out if you might be eligible, take this online self-assessment.

Teens 14 and older who have a disability can also get support as they transition from high school into college or work. Transition teams work with students to develop activities and experiences designed to provide new skills to help them reach their post-secondary goals.

Determining Medical Eligibility for SSI and SSDI

In agreement with the Social Security Administration, OOD's Division of Disability Determination determines medical eligibility for Ohioans applying for Social Security Disability Insurance or Social Security Income, better known as SSDI or SSI. It is federally regulated and receives 100% of its funding from the Social Security Administration. For SSDI or SSI eligibility, the term "disability" is based on a person's ability to work.

Ohioans can apply for SSI or SSDI

Supporting Ohio Employers

The Division of Employer and Innovation Services division works with employers to raise awareness of OOD's mission to promote a pool of job-ready candidates, and to support businesses in the hiring and retention of individuals with disabilities. It is instrumental in the development and implementation of the agency's strategic plan; to ensure that client and stakeholder expectations are met while providing value to Ohio taxpayers through efficiency, effectiveness and accountability of services.

Learn more about tax incentives, accessibility services and OOD's free, interactive disability-inclusion training, designed to help businesses enhance awareness of cultural diversity and examine personal attitudes and biases toward people with disabilities.

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Opportunities for Ohioans with Disabilities

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Opportunities for Ohioans with Disabilities or OOD, partners with Ohioans with disabilities to achieve quality employment, support their desire for independence and assist them with Social Security disability determination outcomes. OOD works with partners from the business community, education and non-profit organizations to facilitate customized employment plans for Ohioans with disabilities.

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Ohio Department of Developmental Disabilities

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Ohio Department of Developmental Disabilities

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Your local county board of developmental disabilities is the place to start for determining eligibility, assessing your needs, and coordinating which services can best support you.

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The Ticket to Work (Ticket) Program is designed to support Social Security disability beneficiaries ages 18 through 64 who want to work. The Ticket Program is not a direct hiring program. However, it can connect job seekers with disabilities to job search resources and other employment services and information.

Ticket Program service providers have specialized job placement expertise, and many have relationships with employers looking to hire. The resources below may help you as you start or continue your job search. For more comprehensive support, we recommend using the Find Help tool to find a service provider who can assist you in your journey to financial independence through work.

Find Help

To find a service provider who can assist you in your journey to financial independence, we recommend using the Find Help tool.
Visit Find Help
You can also call the Ticket to Work Help Line at 1-866-968-7842 1-866-968-7842 or 1-866-833-2967 1-866-833-2967 (TTY) Monday through Friday, 8 a.m. to 8 p.m. ET.

Resources by Category for Popular Employment Organizations

Job Board

Resume Services

Job Fair Resources

Recruiter Access

Social Networking

Career Resources

Employer Directory

Student Resources

Veteran Resources

Membership/ Subscription Required

1Services are free, however, job seekers are required to register or sign up for membership before gaining access to job listings.
Learn more

To learn more about the Ticket Program, call the Ticket to Work Help Line at 1-866-968-7842 or 1-866-833-2967 (TTY) Monday through Friday, 8 a.m. to 8 p.m. ET. Ask a representative to send you a list of service providers or find providers on your own with the Ticket Program Find Help tool.

Learn more

To learn more about the Ticket Program, call the Ticket to Work Help Line at 1-866-968-7842 or 1-866-833-2967 (TTY) Monday through Friday, 8 a.m. to 8 p.m. ET. Ask a representative to send you a list of service providers or find providers on your own with the Ticket Program Find Help tool.

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how can ticket to work help me find a job

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working with a ticket to work service provider

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job support for people with disabilities

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ticket to work and people with disabilities

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ticket to work for people with disabilities

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ticket to work for young adults with disabilities

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social security’s ticket to work program

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The Find a Job resource lists multiple organizations that host job boards and provide services such as career resources, job fair information and resume services. The webpage also suggests connecting with a Ticket to Work service provider for comprehensive support.

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Jobs and Education for Disabled Students

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Jobs and Education for Disabled Students

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If you're looking for a job and have a disability, you might consider working for the federal government.

Advantages of Government Jobs for People with Disabilities

The federal government:

You can also apply for jobs through the competitive hiring process.

Finding and Applying for Federal Jobs

You can search and apply online for most jobs at USAJOBS.gov.

Apply for a Job Through an Agency

Contact the agency's Selective Placement Program Coordinator (SPPC) for help.

College Students and Recent Graduates with Disabilities

Find summer jobs, internships, and permanent positions through the Workforce Recruitment Program.

Veterans with Disabilities

Special hiring authorities let agencies appoint vets with service-connected disabilities to jobs.
Discrimination and Harassment at Your Job
If you are experiencing discrimination or harassment at your employer, first inform your manager or the human resources department. If neither help, use these government resources.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.

Protections Included Under the Law

These laws protect employees and job applicants against:

Discrimination, harassment, and unfair treatment in the workplace by anyone because of:

Being denied reasonable workplace accommodations for a disability or religious beliefs

Retaliation because they:

How to File an Employment Discrimination Complaint

To file a complaint, contact your EEOC field office.

Many state and local governments have anti-discrimination laws. These laws may offer extra protection beyond federal law.

Some state laws:

Apply to businesses with only five or six employees

Prohibit discrimination based on whether you're married or have children

Have different deadlines for filing a charge

Have different standards for deciding whether you're covered

Many state laws have more protections for nursing mothers than federal law requires. State labor offices enforce these laws.

Filing a Lawsuit

If you're a victim of job discrimination or harassment, you can file a lawsuit. If the discrimination violates federal law, you must first file a charge with the EEOC. (This does not apply to cases of unequal pay between men and women.)

You may decide to sue if the EEOC cannot help you. In either case, look for an attorney who specializes in employment law. You can check with:

Not All Employers Are Subject to EEOC Laws

Only employers with a certain number of employees are subject to EEOC laws. The number of employees changes depending on the type of employer and the kind of discrimination alleged.

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

Federal agencies must follow all EEOC laws, no matter how many employees they have.

Laws that the EEOC Enforces

Federal employment discrimination laws include:

What is Harassment?

Harassment is unwelcome conduct based on:

It can include:

Sexual harassment may include:

Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical harassment of a sexual nature

Offensive remarks about a person's sex

Harassment becomes illegal when:

Protection from Retaliation

EEOC laws protect employees and job applicants from retaliation. For example, it's unlawful to punish people for:

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Jobs and Education for People with Disabilities | USAGov

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Learn about employment resources on how to find a government job and prepare for a job interview. You can also find information on employment laws and how to file a workplace harassment or discrimination complaint. Also, search educational programs for students with disabilities.

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Section 504 Americans With Disabilities Act

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Section 504 Americans With Disabilities Act

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Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Act does not require ED to amend its Section 504 regulations. ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. The revisions to this Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).
INTRODUCTION
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504 1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out information about OCR's interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.
4. What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

11. What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid - the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures." The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive servicesunder Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

25. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student's parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
34. Is an impairment that is episodic or in remission a disability under Section 504?
Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504.
PLACEMENT
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention plan and a Section 504 plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

44. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
46. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access: equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement: a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a student receives educational and/or related services

Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications: under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services: a term used in the elementary and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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special education; disabilities; disability discrimination; fape; free appropriate public education

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Frequently Asked Questions about Section 504 requirements for the education by school districts of students with disabilities

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Individuals with Disabilities Education Act

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300.43 Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability that-

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes-

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

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Sec. 300.43 Transition services - Individuals with Disabilities Education Act

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300.43 Transition services. (a) Transition services means a coordinated set of activities for a child with a disability that- (1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including...

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The Individuals with Disabilities Education Improvement Act (IDEA) mandates transition services planning for students with disabilities who are 16 years of age. In Ohio, schools must begin transition planning when the student turns 14. Transition services are systematic, purposeful, actions to prepare and support students in their transition from the school community to adult community living. Services often include direction in the areas of personal and social skills, daily living skills, and occupational and vocational skills. The transition plan is specifically stated in the child's Individualized Education Program (IEP).

Special Education: Transition Planning for Students with Disabilities.
Transition to College: A Timeline for High School Students with Mental Illness

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Midwest New Media, LLC - http://www.midwestnewmedia.com

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Disability Rights Ohio - Transition Services Planning

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The Individuals with Disabilities Education Improvement Act (IDEA) mandates transition services planning for students with disabilities who are 16 years of age. In Ohio, schools must begin transition planning when the student turns 14. Transition services are systematic, purposeful, actions to prepare and support students in their transition from the school community to adult community living.

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VDOE's Transition Services website provides support, information and resources designed to improve the outcomes of students with disabilities in transition from middle / secondary education to postsecondary education and employment.

The key to successful transition is careful planning. Students must be actively involved in the planning process.

What is Transition?

Transition is the process students and their families use to think about life after high school, to identify their desired outcomes, and to plan their community and school experiences to assure that the students acquire the knowledge and skills to achieve their goals.

Why is Transition Important?

Steven Covey says to "begin with the end in mind." That idea is the heart of transition planning. If the "end" we have in mind is "educated employees," then the transition planning is the "beginning." It sets the education course for middle and secondary students with disabilities that leads to access to adult services, postsecondary education, and the world of work. The idea of transition is simple, but actually carrying out the process can be daunting as we try to weave together the appropriate combination of educational and social services. The legislators who developed the Individuals with Disabilities Education Act (IDEA PL 101-476) included transition components in the legislation with the goal of preparing students with disabilities to access the supports and services they need to become as independent as possible.

How Do We Do Transition?

The transition planning process should enable the student to move successfully from school to postsecondary education and training, employment, independent living, and community participation based on the student's preferences, interests, and abilities.

To secondary education

To postsecondary education, school to work and community life

From special education to adult services

Olmstead Act

On June 22, 1999, the United States Supreme Court determined that unjustified segregation of persons with disabilities constitutes discrimination under title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) the services are appropriate; (2) the persons affected do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated. The Court explained that its holding "reflects two evident judgments." First, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Second, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Olmstead Initiative: One Community - The Commonwealth has an obligation under the U.S. Supreme Court's Olmstead v. L.C ( hyperlink Olmstead v. L.C.decision, the Americans with Disabilities Act, and the Virginians with Disabilities Act to provide appropriate opportunities for people with disabilities to become fully integrated into the community if they choose to do so.

Virginia Department of Behavioral Health & Developmental Services - On July 1, 2016, the DBHDS Office of Mental Health (OMH) and Office of Substance Abuse Services (OSAS) merged to create the Office of Adult Community Behavioral Health (ACBH). The mission of ACBH is to work toward achieving the DBHDS vision of A Life of Possibility for All Virginians through system-level collaboration and promotion of a person-centered, recovery-oriented system of care that provides access to high-quality behavioral health services to citizens of the Commonwealth.

How Do We Know We Are Doing It Right?

Back To List

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Transition Services for Students with Disabilities

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VDOE's Transition Services website provides support, information and resources designed to improve the outcomes of students with disabilities in transition from middle / secondary education to postsecondary education and employment. The key to successful transition is careful planning. Students must be actively involved in the planning process. What is Transition?

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Once transition goals are set, the IEP team will decide what services a student needs to meet goals. The range of possible services is broad:

Instruction (including special education)

Related services

Community experiences, like volunteer work

Career and college counseling

Help with daily living skills, if needed

These services must be reviewed and updated each year to support a student's transition goals. Just like goals, services may change over time to reflect a student's interests. The IEP team might list accommodations, too.

The team can also use IEP goals to support the transition plan. For example, a student who wants to attend auto mechanic school may first need to learn specific math skills. So the team may need to set IEP goals and provide school services related to math.

Some transition services can take place at school. But often, transition services occur at home or in the community, like at local youth employment programs and vocational rehab centers. During transition planning, the IEP team may invite people from the community, like counselors and job specialists, to help.

Learn about how to help teens and young adults with the job hunting process .

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Once transition goals are set, the IEP team will decide what services a student needs to meet goals. The range of possible services is broad: Instruction (including special education) Related services Community experiences, like volunteer work Career and college counseling Help with daily living skills, if needed These services must be reviewed and updated each year to support a student's transition goals.