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“The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act.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

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

Disability, gender and intimate partner violence : relationships from the behavioral risk factor surveillance system

SMITH, Diane L
December 2007

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"Research on women with disabilities has found that the most common perpetrators of violence were current or former intimate partners. This article examines intimate partner sexual and physical abuse experienced by women with disabilities compared to women without disabilities and men with and without disabilities through chi square analysis and regression analysis using data from the 2005 Behavioral Risk Factor Surveillance System (BRFSS). Results show that women with disabilities experienced almost twice the rate of all forms of abuse compared to the other populations. Variables increasing the likelihood of abuse include being female, disabled, not employed, uncoupled and younger age. Implications for future research, screening and intervention for rehabilitation professionals are discussed"
Sexuality and Disability, Vol. 26, Issue 1

Having a daughter with a disability : is it different for girls?

FROSCHL, Merle
et al
October 1990

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This article provides advice to parents on how to support their daughters with disabilities to become independent and successful, and explores the difficulties that parents may encounter in finding the right balance between too much and too little protection of their daughters with disabilities. The authors discuss the differences in education for boys and girls, and the gender role expectations by society that young women with disabilities may encounter. Although the article was written for mainly a North American audience, it highlights many issues that may be of interest to anyone working with girls and young women with disabilities or with an interest in gender and disability issues
NICHCY News Digest, No. 14

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