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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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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
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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 392-172A-05135 ) * Education Resource: http://www.wrightslaw.com/info/trans.index.htm
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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
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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
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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
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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
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HOUSING … Overview Financial Care/ Support Location Income Transportation Meaningful Activities Social Life Comforts Natural Supports
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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
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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.
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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 http://www.arcofkingcounty.org/index.php/reading-room/2-general/84-creative-housing-solutions-housing-options
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Medicaid Waiver Benefits Programs State Specific – WA Examples DDA Home & Community Based Service Waivers (WAC 388- 845) 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
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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 388-845-0045(2)(b)
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SYSTEMS ADVOCACY Source: As a parent, should know about and here are12 things you expect from your schools … and yourself. http://www.bridges4kids.org/articles/2004/11-04/pla_twelve.pdf 5/11/2016http://www.bridges4kids.org/articles/2004/11-04/pla_twelve.pdf 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
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