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Guardianship for young adults with disabilities as a violation of the purpose of the individuals with disabilities education improvement act

KANTER, Arlene S
2015

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“The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act. The purpose of the IDEIA is to “provide a free appropriate public education” to children with disabilities and to prepare them for further education, employment, and full participation in society. Under the IDEIA, all students are required to have a transition plan to facilitate their movement from high school to life after school. Although the transition planning process does not require parents to become guardians for their children with disabilities, many parents throughout the United States believe that becoming their adult child’s guardian is the next step in the transition process as their child reaches the age of majority. As a legal procedure, guardianship cedes decision-making authority from the young adult child to the parent just at the time in the young person’s life when he or she should be supported to exercise decision-making authority so as to live the most independent life possible. Further, schools, parents, and courts often fail to consider less restrictive alternatives to guardianship, such as supported decision-making, for those young adults who may need help in decision-making. Supported decision making has gained international attention recently due to the adoption of the UN Convention on the Rights of People with Disabilities, which calls for support for people with disabilities rather than substituted decision-making, which is included in most guardianship laws. This article presents the view that guardianship as part of the transition planning process for young adults with intellectual and developmental disabilities undermines the language and purpose of the IDEIA.”

 

Journal of International Aging Law & Policy, Vol. 8

Gender and disability : a first look at rehabilitation syllabi and a call to action

LEWIS, Allen N
BRUBAKER, Sarah Jane
ARMSTRONG, Amy J
2009

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"This study provides an overview of recent scholarship in the area of gender and disability, as well as findings from an evaluation of syllabi from five core courses in graduate rehabilitation education programs. Findings from this exploratory study revealed a need for more attention toward integration of the topic of gender and disability into rehabilitation education courses. Study results showed that in only one out of three courses where there would be a reasonable expectation to see such topics was the content actually addressed. Specific recommendations for enhancing attention to gender issues within rehabilitation education courses are offered"
Review of Disability Studies: An International Journal, Volume 5, Issue 2

Transition and post-school outcomes for youth with disabilities : closing the gaps to post-secondary ed and employment

NATIONAL COUNCIL ON DISABILITY
SOCIAL SECURITY ADMINISTRATION
November 2000

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"This report presents an analysis of research on the status of transition, post-secondary education, and employment outcomes for primarily 14 to 22 year old youth and young adults with disabilities over the past 25 years. Next it identifies what has worked, and what should work in light of unmet needs and unserved populations. Finally, the report presents recommendations for national, state, and local community action"

First steps : stories on inclusion in early childhood education

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO)
September 1997

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Early childhood intervention is a strategy that can promote inclusive education leading to a deeper understanding by the general public on disability. Targeted at early development programmes and interventions to include disabled children

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