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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“The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act.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

Bridging aging and developmental disabilities service networks : challenges and best practices

FACTOR, Alan
HELLER, Tamar
JANICKI, Matthew
March 2012

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This reports aims to provide the "best practices guide to encourage the ‘bridging’ of the aging and developmental disabilities service networks that are both in need of including managed long-term, integrated care for people who are dually eligible for Medicaid and Medicare, and rebalancing initiatives that promote community living"

Reproductive health justice for women with disabilities

ALVARES, Lisa
et al
April 2011

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"This paper highlights the added discrimination that women with disabilities often face in the context of their disparate access to health care, especially in the areas of reproductive health services and sexual health education, and offers recommendations for a twenty-first century response to the vast health care gaps that impact this population"
Barbara Faye Waxman Fiduccia Papers on Women and Girls with Disabilities

Inclusive information and communication technologies for people with disabilities

SIMPSON, Jennifer
2009

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"Information and Communications Technology (ICT) has the potential both to enhance access for people with disabilities and to contribute to creating barriers. What we now call the digital divide actually began long before the introduction of computers - barriers have existed and still exist today with telephones, television, the Internet and other information technology. It is important to remember that people with disabilities have many different accessibility needs and that there are different ways to make technology accessible and that new accessibility needs emerge as technology changes. This paper looks at the state of accessibility policy in the U.S. in several technology infrastructures that may provide some lessons and directions for increasing inclusive information and communication technologies worldwide"
Disability Studies Quarterly, Vol 29, No1

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