The Individuals with Disabilities Education Act (IDEA) is arguably the most important federal law for children with special needs. The law mandates that all eligible children and youth ages 3 through 21 years old be provided with a “free and appropriate public education” in the “least restrictive environment.” To be eligible for services under the IDEA,…
We have previously written about the pros and cons of ABLE (Achieving a Better Life Experience Act of 2014) accounts. These accounts allow many people with disabilities or their families to establish tax-free savings accounts that won’t affect their ability to qualify for, or remain on, government assistance as long as the account balance does not…
When your child is born with preventable birth defects due to medical malpractice, or suffers a catastrophic injury that leads to a lifelong disability, the resulting lawsuit can often take years. The end result of this long and arduous process will hopefully be a settlement or jury award designed to compensate your child for his…
Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. But even more valuable than the SSI benefit itself is that, in most states, a beneficiary who receives even $1 from the program also qualifies for Medicaid health coverage. To qualify for…
A little-publicized effect of the health care legislation the House of Representatives recently passed is its potential impact on vital health services that special education students receive. The federal Individuals with Disabilities Education Act (IDEA) guarantees all children a free and appropriate education in the least restrictive environment. The Act requires that children with special…
It is common for a parent to want to be named as trustee of a special needs trust benefitting her child, especially when the parent is the one creating or funding the trust. There are many reasons why this makes sense. It positions the parent to have complete control over trust distributions. It is also…
Many families of people with intellectual or developmental disabilities are familiar with The Arc. For more than 65 years, the Arc has been advocating for laws that protect the human rights of this population and offering hands-on support through its local chapters. In many ways, The Arc is a family’s resource directory in navigating real-life,…
The Trump administration is planning to allocate billions of public education dollars to expand private school voucher programs, but vouchers may not be the best option for families with special needs children. Vouchers allow parents to use public funds to pay for tuition at a private school of their choice, including religiously affiliated schools. This…
The Kentucky attorney who called himself “Mr. Social Security” pleaded guilty to charges of theft of government money and payments to a federal judge for his role in defrauding the Social Security Administration (SSA). On March 24, Eric C. Conn admitted to working with doctors and an administrative law judge to procure $550 million in…
The challenges of being a child with special needs, or the parent of one, are fairly well known and documented. Less talked about and often ignored is the experience of being the sibling of someone with special needs. The role can bring with it a confusion of emotions, including frustration, anger, pride, shame, competitiveness, protectiveness,…
