You've probably been helping your child make decisions for years. Walking through medical choices together. Talking through job opportunities. Discussing where and with whom they want to live. What you've been doing informally is the foundation of supported decision-making. It's a legal framework that formalizes your role as a supporter without stripping your child of their decision-making rights. Many parents approaching their child's 18th birthday face what feels like a binary choice: pursue full guardianship or do nothing. Supported decision-making offers a third path. What Supported Decision-Making Is. Supported decision-making (SDM) is a process where adults with disabilities choose trusted people to help them understand situations, weigh options, and communicate their decisions. The person with a disability retains all legal rights. The supporter doesn't make decisions for them. The principal identifies specific areas where they want help: healthcare, finances, housing, employment, education. They choose supporters they trust: parents, siblings, friends, mentors. Those supporters help them understand choices and consequences, but the principal makes the final call. This differs fundamentally from guardianship, where a court transfers decision-making authority to a guardian. Under guardianship, the person loses legal rights. Under SDM, they keep them.  Texas became the first state to recognize supported decision-making agreements in 2015. Since then, at least 21 states have passed SDM laws. Illinois enacted its Supported Decision-Making Act in 2022. Virginia formally recognized SDM agreements as an alternative to guardianship under Virginia Code § 37.2-314.3. When SDM Works Better Than Guardianship. Supported decision-making works when the person...

Learn how supported decision-making agreements let adults with disabilities keep their rights while getting help with major decisions.

Supported Decision-Making: An Alternative to Guardianship

You know your child's school violated disability law. Maybe they refused an evaluation you requested in writing two months ago. Maybe they changed your child's IEP without convening a meeting. Maybe they repeatedly failed to provide the accommodations listed in the 504 plan, and when you raised it, nothing changed. Knowing your rights is one thing. Enforcing them is another. There are four primary complaint mechanisms available to parents when schools violate disability law: state complaint, due process hearing, Office for Civil Rights complaint, and Equal Employment Opportunity Commission complaint. Each serves a different purpose, has different timelines, and produces different outcomes. Understanding which mechanism matches your situation is the first step to getting the violation addressed. State Complaint: When the School Violated Procedure. A state complaint is filed with your state's department of education when a school district has violated special education law or procedure. This is the right mechanism when the violation is about what the district did or failed to do under IDEA. What State Complaints Address. State complaints are appropriate for procedural violations like:  Refusing to evaluate a child after a written request Failing to convene an IEP meeting within required timelines Implementing an IEP without parent consent Refusing to provide services listed in the IEP Failing to provide prior written notice of changes Denying parents access to educational records  The state investigates whether the district followed the law. If the investigation finds a violation, the state can order corrective action, require compensatory services...

How to file special education complaints when schools violate disability law. Covers state complaint, due process, OCR, and EEOC.

When Your Child's School Breaks the Rules: A Parent's Guide to Filing Complaints

There is no "one size fits all" approach that parents of a child diagnosed within the "autism spectrum" should take as the child approaches their 18th birthday. The abilities and the needs of each child are unique and should be evaluated to create the best legal plan tailored for that child's future. When a child reaches the age of majority and becomes a legal adult, it is an exciting and scary time for both the parent and the child. Parents and children are excited about the new possibilities that lie ahead and the opportunity for the child to spread their wings and fly.  As parents, we trust that we have created a solid foundation of ethics, morals, and decision-making skills for our children to take with them out into the world. These same hopes and fears are experienced by families where a loved one has Asperger's or Autism.  I recommend to parents that before they meet with an attorney experienced in special needs planning, they discuss with each other their child's abilities, challenges, and limitations.      Financial Responsibilities and Intellectual Abilities :    What is the highest level of math the child completed in school?   What is the child's reading and comprehension level?   What is the highest grade level completed by the child, and how did the child perform?   Will the child be attending college or a vocational school?   Will the child be employable?...

Parents should tailor legal plans for a child with autism by considering their unique abilities and needs.

Creating a Legal Plan for Your Child's Future

 When it comes to hiring a special needs attorney, there are many things to consider. A special education attorney can be a lifesaver when it comes to complex cases or special education cases that require a lot of time and energy. The right attorney can be extremely helpful, so make sure you utilize him to benefit you and your child in the best way possible.    A special needs attorney can help your case in two ways. First, a good attorney can act as your advisory or counsel. They can provide you with the advice and assistance you need. A good attorney can tell you whether your case is a valid one and tell you how complex of a case it is. They can also provide you with the more information on how to proceed with your case.   Another way a special needs attorney can assist you with your case is to be your representative. This is a great choice for those who have complex cases or cases that require a lot of time and energy. Even though you hire an attorney to represent your case, you can still be actively involved in the decision-making and other important factors.   An attorney can also help you with other tasks that may have been difficulty for you to do due to the school board. An attorney can help you secure your child's confidential school files, request an evaluation or IEP meeting, and even help you...

A special needs attorney advises and represents you in education cases, secures records, attends meetings, and resolves school disputes.

How a Special Needs Attorney Can Help You

 Surrogate Decision Making for People with Developmental Disabilities   Susie is 18 years old. She has been diagnosed with Asperger's syndrome, which makes it difficult for her to socialize and communicate with others. She attends a school for children with special needs but is planning to attend a special course of study at a local community college after she graduates from high school. As there is a presumption that all 18 year-olds are competent adults, Susie is expected to be able to make legal, financial, and medical decisions for herself, but she plainly needs assistance in those areas. Since Susie is high-functioning, she can sign a power of attorney and a health care proxy designating her parents as agents to make legal, financial, and residential decisions for her. Susie, however, has a legal right to revoke those documents at any time. Bill also is 18 years old. He has been diagnosed with an autism spectrum disorder. Bill also attends a school for children with special needs, but his ability to communicate is severely limited. He cannot read or write. The law presumes that Bill can manage his financial and medical affairs now that he is 18 years old, but he is unable to do so. Bill requires a guardianship so that his parents can make legal, financial, and medical decisions for him.  Guardianship is a legal proceeding whereby a court appoints someone to make decisions for a person who is cognitively impaired and cannot manage his or...

Adults with developmental disabilities might need guardians for decisions; options vary from power of attorney to full guardianship.

Guardianship and Developmental Disabilities

"Is my child getting all the services he/she needs or am I falling behind?" "My son is a year old, but all he does is make noises, I've never heard any words come out of his mouth. I've mentioned this to the pediatrician on numerous occasions and the doctor just tells me not to worry. He says my son will talk when he is ready. What does that mean?" "My daughter is in third grade and she is reading at a first grade level. My mother-in-law thinks my daughter should be tested, but I don't know about that! Once you get into all that special education, you never get out!" As the mother of a now young adult on the autism spectrum, I've spent many sleepless nights worrying about my child. When he was 2 years old, my pediatrician said that the way to get my son to talk was to "read to him." Now, let me say I have tremendous respect for pediatricians. Keeping our children physically healthy is no small task and my pediatrician could certainly be classified as someone who was dedicated to his work. However, he didn't (and many pediatricians did not) know how to recognize the signs of autism in a young child. I was able to detect autism in my child because of my professional background. As an experienced social worker in a special education preschool, I had seen many cases of autism spectrum disorder over the years. With a heavy heart, I realized...

A social worker shares insights on advocating for special needs children and navigating the education system to secure required services.

Special Needs Advocacy 101

 Original article posted on Redwood City Patch    Why I Filed a Child Abuse Report Against a Special Ed Aide   By Dorie Johnson, as told to Redwood City Patch Editor Stacie Chan    (Editor's Note: Dorie Johnson was a former employee of the Redwood City School District until she left of her own accord after she witnessed some disturbing behavior from a special education teacher's aide. She filed an abuse report with Child Protective Services, and through the district. All employees' and students' names have been omitted to protect privacy.     The Redwood City School District was not available for immediate comment, so Patch will be providing updates throughout the story as they become available.     This case is unrelated to the  charges against Alexia Bogdis , who allegedly abused special education children.)     ——-    My History with the District    Since the day my daughter began kindergarten in 1995, I have been an active parent at the Redwood City School District . My two other sons,  Matthew , and my other son, who was a special ed student, also went through the district.   I never paid attention when my son told me that the special education teachers were mean. I knew they had to discipline the students and be firm at times.   I was a paid employee at the Redwood City School...

Dorie Johnson left Redwood City School District and reported a special ed aide for child abuse after witnessing disturbing behavior.

Why I Filed a Child Abuse Report

 How to Select a Special Needs Attorney: Questions to Ask Your Attorney Before Hiring Them  As a parent of a special needs child, you don't plan on needing a special needs attorney, yet sometimes certain circumstances just come up. While you may be feeling stress from these issues, one thing that should not stress you out is your special needs attorney. The right attorney will help you and your case while making you feel confident. When picking the right attorney to deal with your special needs case, there are some vital questions to ask. Not knowing where your attorney stands on some of these issues could mean big and costly problems for you later down the road.   How Much Do You Charge?  When it comes to special education attorneys, some work as a public service attorney, which means that they do not charge anything or charge very little. However, some special education attorneys can also be part of a private practice, and there will be a much higher charge for their work. No matter what type of attorney you hire, know their costs and how they charge for their work up front. You also want to get everything in writing, such as any retainer fees, hourly fees, flat fees, hidden fees, and so on. There is no need to be shy when asking for this information because you are hiring them just as you would hire a tutor or therapist. Also, do not feel ashamed...

Ask a potential special needs attorney about their fees, case duration, and experience to ensure they're suitable for your case.

Questions to Ask Your Attorney Before Hiring Them

 If you have a child with special needs, you may find yourself in certain circumstances that require you to go to court and to use a special needs attorney. No matter what the case is, the right attorney is essential to find. The wrong attorney can end up overcharging you, not doing a thorough job, and just lack the care and understanding of your child and the situation that one should have.   As a parent of a special needs child, you must take the time to find the right special needs attorney for your family. While many parents of special needs children may not feel the need to find a special needs attorney until the a circumstance arises, having a special needs attorney on your contact list that you trust can be beneficial in the long run.   There are many different qualifications you want to look for when finding an attorney that deals with special needs. While all attorneys will have the same or similar educational background when it comes to the law, a select few will be trained in special education. Look for an attorney that knows the laws of special education, along with knowing the field of special needs and the law. Special needs and special needs education can be a very complex and tricky area of the law, so only an expert will do.   Furthermore, look for an attorney that has had years of practice in helping those with special...

Choose a special needs attorney with expertise in special education law, years of experience, and who understands your child's unique case.

What to Look for in a Special Needs Attorney

 As a parent, there are going to be many times when you have to fight for your child's education. This fight is even more prevalent if you are a parent of a special needs child or a child with a learning disability. Many times you will be able to resolve the issue with the school district, but other times it may seem like your are a small voice fighting against the wind. In instances like these, a special needs attorney may be helpful, as well as essential for you to get your voice heard and for the appropriate action to be taken.    Reasons You May Need a Special Needs Attorney    Since a special needs attorney can be pricey, you may hesitate on hiring one, especially if you are unsure whether you need one or not. You can determine whether or not you need a special education attorney if your case is a complex one. Special education law is complicated and there are many details to know and understand. Therefore, if your case is complex, the right attorney will have the knowledge of the law and procedures to resolve your case.    Another reason you may want to hire a special education attorney is if you work full-time or are a single parent. Court cases can be time consuming and energy draining. There is a lot of time involved to prepare for the case, research the law, and go to meetings, hearings,...

A special needs attorney can help ensure a child's educational rights, especially in complex cases or when facing a school's legal team.

Why Do You Need a Special Needs Attorney?

 In the fight for your child's special education, there may be issues along the way. While special education was designed to meet children's unique learning needs, there are many times when a certain teacher or the school board cause more harm than good. In these cases, you as the parent need to step in and be your child's advocate. You may even consider hiring a special needs attorney. While a special needs attorney can help tremendously, there are also times when you may not want to hire an attorney.   If the case is simple enough, you may be able to fight it on your own. A simple case may not even have to progress to the court level. Presenting your case to the school board can lead to an informal resolution. If the case does need to be escalated to the next level, you may still be able to fight it on your own.    Another reason you may not want to hire a special needs attorney is because they can be expensive. There are many attorneys that work for the public sector, meaning they charge nothing or very little for their work. However, if those attorneys are not to your liking or not available in your area, you may have to hire an attorney from a private practice. Depending on the complexity of your case and your budget, hiring an attorney may cause you more trouble than it is worth.   Also be...

You might not hire a special needs attorney if the case is simple, to avoid high costs, or prevent strife with the school.

Reasons Not to Hire a Special Needs Attorney

  Appointing a Trustee for Your Special Needs Trust Fund    Setting up a trust fund for your child with special needs is the best thing you can do to ensure that his or her future is secure in the unlikely event of something happening to you or your spouse. There are many types of trust funds you can set up, but one of the important things that all trust funds have in common is the use of a trustee. A trustee is a person or entity that will administer the trust fund, invest its assets, and authorize spending.    Trustees can be any capable adult that the grantor, or the creator of the trust fund, wishes to place in charge. A trustee can also be an entity, such as a bank. Choosing the right trustee is just as important as the trust fund itself. The person or entity should be someone you consider wise and trustworthy.   A trustee can be a loved one, such as a trusted family member or friend. They can also be hired professionals, such as a lawyer, attorney, or trust officer. If unsure of whom to choose as your trustee, your best choice may be a combination of a loved one and a professional. This way, you can be sure the loved one is meeting all of the requirements of the fund and your child receives the legal help he needs.   If there will be more...

Choose a wise, trustworthy trustee for a special needs trust, be it a family member or professional, to secure a child's future.

Appointing a Trustee for Your Trust Fund

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Special Needs
Articles

Supported Decision-Making: An Alternative to Guardianship

When Your Child's School Breaks the Rules: A Parent's Guide to Filing Complaints

Creating a Legal Plan for Your Child's Future

How a Special Needs Attorney Can Help You

Guardianship and Developmental Disabilities

Special Needs Advocacy 101

Why I Filed a Child Abuse Report

Questions to Ask Your Attorney Before Hiring Them

What to Look for in a Special Needs Attorney

Why Do You Need a Special Needs Attorney?

Reasons Not to Hire a Special Needs Attorney

Appointing a Trustee for Your Trust Fund

Find Providers Near You

Special Needs Articles

Supported Decision-Making: An Alternative to Guardianship

When Your Child's School Breaks the Rules: A Parent's Guide to Filing Complaints

Creating a Legal Plan for Your Child's Future

How a Special Needs Attorney Can Help You

Guardianship and Developmental Disabilities

Special Needs Advocacy 101

Why I Filed a Child Abuse Report

Questions to Ask Your Attorney Before Hiring Them

What to Look for in a Special Needs Attorney

Why Do You Need a Special Needs Attorney?

Reasons Not to Hire a Special Needs Attorney

Appointing a Trustee for Your Trust Fund

Find Providers Near You

Special Needs
Articles