TSC Transition Age: Education, Employment and Housing June 11, 2016 Chris Henderson, Dussault Law Group Robin Tatsuda, The Arc of King County.

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Presentation transcript:

TSC Transition Age: Education, Employment and Housing June 11, 2016 Chris Henderson, Dussault Law Group Robin Tatsuda, The Arc of King County

Education IDEA & IEP Student is Entitled to Transition Planning Under IDEA  Services through age 21  Coordinated set of activities  Instruction, related services, community experiences, employment and post-school adult living objectives, ADLs, vocational skills  Planning Should start by age 15 or 16  Still managed by IEP Team  Consider including student – part of transition planning is learning self-advocacy  Assessments – formal and informal  Observations, testing (IQ, Vineland), outside agencies to assess, e.g., vocational skills  IEP Goals:  Pre-transition:  Participation in appropriate activities  Progress in general education curriculum  During transition:  Add new measurable goals (keep general education curriculum goals)  Development of skills related to training, education, employment and independent living  Focus on addition of practical employment and living skills  Consider childs strengths, preferences and interests in determining services

Education Education and Decision-Making  Don’t Forget at Age 18 – Rights Transfer!  Receive notice of and attend IEP meetings  Consent to a reevaluation  Consent to a change in placement (including graduation)  Request meditation or a due process hearing to resolve a dispute about issues related to providing a free appropriate public education (FAPE) (this means that as the parent, you would no longer have standing to legally advocate for your student)  To preserve parental rights under the law:  Guardianship, Power of Attorney  Some States – certification from court or medical professional (e.g. WAC A ) * Education Resource:

EMPLOYMENT … in Washington State Independence On-Going EmploymentLearn Job SkillsFind Job Identify Interests & Skills Division of Vocational Rehabilitation (DVR) 6 month support for anyone with a disability age 18 and older. May help pay for education required for specific careers. King County School-To-Work Program For DDA clients in final year of 18-21year-old High School Transition Program Developmental Disabilities Administration (DDA) “Supported Employment” for DDA clients age 21 and older. Provides on-going support to find and maintain employment with the help of a Job Coach DDA Eligible

Federal Benefits – Cash Benefits  Supplemental Security Income (SSI)  Cash benefit of up to $733 to be utilized for food and shelter expenses (as of 1/15).  Some States provide cash supplements to base SSI limit  “Gatekeeper” to Medicaid and other public benefit programs  Social Security benefits  Cash benefit depending on amount paid into Social Security system  Received through earned credits of self, spouse, or parent  If through parent (i.e. disabled adult child benefit)  Available when parent is receiving or deceased

Medicaid/ Medicare Coverage Medicaid – Medical Assistance No premiums, co-pays or deductibles – Long-Term Care Personal care hours Assisted living, nursing homes, etc. Waivers (discussed later) Medicare – Hospital, doctor visits, prescription drugs Premiums, co-pays and deductibles – Minimal rehabilitation care, but no long-term care

Public Benefits Eligibility SSI/Medicaid  Disabled, blind, >65  Disabled = no SGA ($1,090/month)  SSI/ “Traditional” Medicaid  “Means tested”  Income  Earned ($2:$1)  Unearned ($1:$1)  ISM (up to 1/3)  Assets < $2000 (individual)  Exemptions include primary home (<$552k), vehicle, personal property, SNT  Medicaid Expansion  Income below 138% of FPL (≈$1,354/month for 1 person)  No Resource Limit SSA/Medicare  Disabled, blind, >65  Disabled = no SGA ($1,090/month)  “Earned” through Work History  Available to individuals who have paid FICA taxes in the last 20 of 40 quarters prior to disability  Not “means tested”  Medicare available when:  Over 65  Meet SSA disability definition, 29 months post injury

HOUSING … Overview Financial Care/ Support Location Income Transportation Meaningful Activities Social Life Comforts Natural Supports

HOUSING … in Washington State Location & Care IN ONE Examples of Residential Services :  Adult Family Homes  Companion Homes  Group Homes  Intermediate Care Facilitates (ICF)  Residential Habilitation Centers (RHC)  Supported Living Services  State Operated Living Alternatives (SOLA)  Voluntary Placement Services Location & Care SEPARATE Location:  Subsidized Housing = Section 8  Local Housing Authority – for low income individuals and families  King County DDD Housing Access & Services Program (HASP) – for DDA clients  Homeownership Care:  Personal Care  Natural Supports

HOUSING … Creative Housing Solutions  Family as landlord:  A family member purchases a house or condominium for their loved one with a disability to rent. The person with a disability applies for a Section 8 voucher and once is eligible, uses it to subsidize the rent.  Parent creates a mother-in-law apartment.  Renting Homes or Apartments at Market Rate:  Roommates living together in a shared apartment or house each with their own Section 8 voucher and personal care supports.  Living in an apartment with a family member as the care provider.  Owning Your Own Home  Buying a home or condominium using a variety of funding programs.

HOUSING … Creative Housing Solutions continued  Intentional Community Housing – Renting from a Nonprofit Organization  Roommates living in a cohousing intentional community using Section 8 to rent a condominium owned by a non-profit housing organization.  Roommates living in a home owned by a nonprofit and licensed as an Adult Family Home.  Living in Non-Profit Owned Affordable Housing  Living with a family member in a recently built King County Housing Authority subsidized apartment complex.  Living in a non-profit housing provider-owned building, subsidized with a variety of public funding including KCDDD’s HIPDD fund and a Section 8 voucher. See examples of each creative housing solution at

Medicaid Waiver Benefits Programs State Specific – WA Examples  DDA Home & Community Based Service Waivers (WAC )  Alternative to institutions  Focus: remaining in homes & communities  Broad, flexible, individualized services determined through assessment  Community placements  Home (own or family)  Adult Family Homes  Supported Living Facility  Nursing Facility  Companion, host, and foster homes

DDA HCBS Waivers Washington Examples  Types of Waivers  Basic Plus  CORE  Community Protection  Children’s Intensive In-Home Behavior Support Program (CIIBS)  Individual and Family Services  Eligibility  Eligible for DDA services  ICF/MR level of care  SSA disability  Financial eligibility  Types of services and money available depend on the type of Waiver  Eligible for waiver vs. receiving the waiver - WAC (2)(b)

SYSTEMS ADVOCACY Source: As a parent, should know about and here are12 things you expect from your schools … and yourself. 5/11/2016http:// Collaboration Counts There is strength and power in numbers 1 parent = A fruitcake 2 parents = A fruitcake and a friend 3 parents = Troublemakers 5 parents = “Let’s have a meeting” 10 parents = “We’d better listen” 25 parents = “Our dear friends” 50 parents = A powerful organization