Special Needs Adults: Understanding California's Laws

In California, children with special needs have rights to services in school under federal and state laws. The Individuals with Disabilities Education Act (IDEA) provides for special education services to almost six million students in the US. Special education is a set of services, and the general education classroom is considered the least restrictive environment for most children. In California, students with disabilities and an Individualized Education Program (IEP) must have an Emergency Plan in place. Additionally, students and school applicants with disabilities are protected against disability-based discrimination and have a right to reasonable accommodations under federal and state law. Parents play a crucial role in their child's IEP, and they have the right to be actively involved in its development and to request an evaluation of their child's needs for special education. To ensure their child's future, parents can also set up a Special Needs Trust, which provides instructions for the future care of a disabled child and preserves their access to public benefits.

Special Needs Trusts

A Special Needs Trust is a legal trust that holds title to property for the benefit of a child or adult with a disability without affecting their eligibility for public benefits. In California, a Special Needs Trust can be used to provide for the needs of a person with a disability and supplement benefits received from governmental assistance programs such as SSI and Medi-Cal.

The trust can hold a variety of assets, including cash, real property, personal property, and life insurance policies. It can be established by parents or other family members as part of their estate plan. The person with a disability can then receive their share of the estate through the Special Needs Trust, ensuring that they have funds available to provide for their needs that may not be covered by government benefits, even after the death of their parents or loved ones.

Almost any type of asset can be held by the trust, including cash, securities, real or personal property, and life insurance proceeds. The trust can be established during the lifetime of the Settlor (an inter-vivos trust) or it can be a testamentary trust that only comes into effect upon the death of the Settlor.

The manager of a Special Needs Trust is called a "trustee." The trustee can be any person over the age of eighteen, a family member or friend, a bank, a pooled trust, or a professional fiduciary. The trustee is responsible for holding, administering, and distributing all property allocated to the trust for the benefit of the disabled person during their lifetime.

Special Education Rights

Special education is a set of services rather than a specific place for a child to go. Under the Individuals with Disabilities Education Act (IDEA), almost six million students in the U.S. receive special education services. Most special education students spend the majority of their day in general education classrooms, which is considered the least restrictive environment for them.

As a parent, you may request an evaluation of your child to determine their needs for special education and/or related services. The evaluation must be conducted by a trained individual, cover all areas related to the suspected disability, be offered in the child's native language, and be conducted at no cost to the parents. If you disagree with the evaluation, you have the right to take your child for an Independent Educational Evaluation (IEE) and you may request that the school system pay for this. The result of the evaluation determines your child's eligibility to receive a range of services under applicable laws.

There are several different settings in which a student can receive the services they need:

• Restrictive-Supportive-Self Contained Class: A Special Day Class (SDC) with no more than 8-10 students, based on age, in which students are in the classroom all day with a credentialed special education teacher and paraprofessionals.
• Resource (RSP): Classes where a student will need extra help in a subject matter, which they will attend a certain number of minutes and days per week.
• Special Day (SDC): Classes that do not require the student to be self-contained all day but are attended a certain number of minutes and days per week.
• Push In: Classes where the student is in a general education class with added support for a certain number of minutes and days per week.
• Pull Out: Classes where the student is pulled out for added support for a certain number of minutes and days per week.
• Small Group: Service given in a small group for students to interact with each other.
• Designated Instructional Services (DIS): Usually pull-out individual and small group services.

Supplementary services on an Individualized Education Program (IEP) are to help the student with more time for testing, reading instructions out loud, consultation time with the teacher, and sitting at the front of the room, etc. Under California law, students with disabilities with an IEP must have an Emergency Plan in place. The law requires IEP teams to consider how a student's individual needs may be impacted in emergency situations.

The IEP includes information about a child's present levels of performance on various tests and measures, and includes information about goals and objectives, specifically how the child's educational problems will be addressed. The purpose of the IEP is to set reasonable learning goals and state the services the school district will provide. The IEP must be developed with input from the child's parents, regular and special education teachers, a representative of the school district, and a qualified professional who can interpret the evaluation.

Parents have the right to be actively involved in the development of their child's IEP, to be notified of the IEP meeting early enough to ensure they can attend, to have the meeting scheduled at a mutually agreed time, and to have an interpreter if their native language is not English. IDEA also includes language that allows parents and the Local Education Agency (LEA) to agree to use alternative means of meeting participation such as video conferences or conference calls.

Disability Discrimination Laws

Students and school applicants with disabilities in California are protected under federal and state laws against disability-based discrimination. These laws ensure that individuals with disabilities have the right to reasonable accommodations and services.

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures children with disabilities have access to free and appropriate public education. Under the IDEA, children with disabilities are entitled to an Individualized Education Program (IEP), which outlines their educational goals and the services the school district will provide to meet those goals. The IEP team must include the child's parents, teachers, and a representative of the school district, among others. The IEP process also includes procedural safeguards for parents, such as the right to be notified of the IEP meeting early enough to attend and the right to an interpreter if needed.

In addition to the IDEA, California has its own laws and policies in place to support individuals with disabilities. The California Education Code, for example, requires students with disabilities who have an IEP to also have an Emergency Plan in place. This plan addresses how a student's individual needs may be impacted in emergency situations.

California also offers the Special Needs Trust, which allows individuals with disabilities to maintain access to public benefits, such as Supplemental Social Security and Medi-Cal, while also receiving support from the trust for other needs, such as daily living expenses and home renovations. This type of trust can be established by parents, grandparents, extended family, or friends and can be funded by a variety of assets, including cash, securities, and real or personal property.

Special Education Instruction and Assessment

Special education in California is a set of services rather than a specific place for a child to go. The Individuals with Disabilities Education Act (IDEA) requires that children have an Individualized Education Program (IEP) in order to receive special education services. The IEP includes information about a child's performance on various tests and measures, as well as goals and objectives outlining how the child's educational problems will be addressed. It also states the services that the school district will provide.

The IEP must be developed with input from the child's parents or guardians, at least one regular education teacher, at least one special education teacher or provider, a representative of the school district, and a qualified professional who can interpret the evaluation of the child. Other members may be included at the discretion of the parent or school district, and, where appropriate, the child with a disability.

Parents have the right to be actively involved in the development of their child's IEP and to be notified of any IEP meetings early enough to ensure that they have the opportunity to attend. They also have the right to have the meeting scheduled at a mutually agreed-upon time and to an interpreter if their native language is not English. Alternative means of meeting participation, such as video conferences or conference calls, are also permitted.

Before an IEP is developed, a child must undergo an evaluation to determine their needs for special education and/or related services. This evaluation must be conducted by a trained and knowledgeable individual and cover all areas related to the suspected disability. It must be offered in the child's native language and conducted at no cost to the parents. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE) and request that the school system pay for it.

Supplementary services on an IEP are designed to help the student with specific needs, such as more time for testing, read-aloud instructions, and consultation time with the teacher.

Special Needs Students' Transition to Adulthood

In California, students with special needs have rights to services in school under federal and state laws. Special education is a set of services rather than a specific place for a child to go. The Individuals with Disabilities Education Act (IDEA) requires that children have an Individualized Education Program (IEP) to receive special education services. Under California law, students with disabilities with an IEP must also have an Emergency Plan in place. This requires IEP teams to consider how a student's individual needs may be impacted in emergency situations.

The general education classroom is considered the least restrictive environment for most children with special needs. Almost six million students in the U.S. receive special education services under the IDEA, and most special education students spend the majority of their day in general education classrooms.

If a parent suspects their child has special needs, they can request an evaluation to determine their eligibility for special education and/or related services. This evaluation must be conducted by a trained individual, offered in the child's native language, and conducted free of charge. If the parent disagrees with the evaluation, they can request an Independent Educational Evaluation (IEE) and ask that the school system pay for it.

There are several different settings in which a student can receive special education services:

• Restrictive-Supportive-Self Contained Class: A small Special Day Class (SDC) with no more than 8-10 students, based on age, who spend all day with a credentialed special education teacher and paraprofessionals.
• Resource (RSP): Classes where a student needs extra help in a particular subject for a certain number of minutes and days per week.
• Special Day (SDC): Classes that do not require the student to be self-contained all day but are attended for a certain number of minutes and days per week.
• Push In: Classes where the student is in a general education class with added support for a certain number of minutes and days per week.
• Pull Out: Classes where the student is pulled out for added support for a certain number of minutes and days per week.
• Small Group: Service given in a small group to encourage interaction among students.
• Designated Instructional Services (DIS): Usually pull-out individual and small group services.

Supplementary services on an IEP are provided to help the student with more time for testing, read-aloud instructions, consult time with the teacher, and seating at the front of the room, among other things.

The IEP includes information about a child's present levels of performance on various tests and measures, as well as goals and objectives to address the child's educational problems. It is developed with input from the child's parents, regular and special education teachers, a representative of the school district, and a qualified professional who can interpret the evaluation.

Parents have the right to be actively involved in the development of their child's IEP and to be notified of the IEP meeting early enough to ensure their participation. They also have the right to have the meeting scheduled at a mutually agreed-upon time and to request an interpreter if needed.

In terms of financial planning for special needs adults, a Special Needs Trust can be established to provide for the future care of a disabled child without interfering with their access to public benefits. This type of trust can be set up by parents or other family members and friends. It allows the beneficiary to retain access to Supplemental Social Security, Medi-Cal, and other government services while also receiving funds for daily living expenses, home renovations, and other needs.

Frequently asked questions