Understanding Decision-Making Options

Introduction

Connecticut General Statute (CGS) § 10-74s requires the Connecticut State Department of Education (CSDE) to make a plain-language online resource for students eligible under the Individuals with Disabilities Education Act (IDEA) age 14 and older, and their parents. This resource provides information about decision-making options for eligible students who turn age 18.

CGS § 10-76d(a)(10)(F)(ii) requires that Districts provide information to students and parents about decision-making supports. The information contained within this resource must be given annually at a planning and placement team (PPT) meeting, starting when students turn age 14.

Age of Majority and Transfer of Rights

What happens when a student turns age 18 in Connecticut?

In CT, when a student turns age 18, they become an adult student. They have all the rights and responsibilities that come with adulthood. This is called the “age of majority.”

For students eligible under the IDEA, education rights transfer from the parents to the student when they turn age 18. This is called the “transfer of rights.” This transfer happens unless steps are taken for another person to act for the adult student. (See Decision-making Options and Tools for information about conservatorship and guardianships; see the Regulations of Connecticut State Agencies § 10-76d-12 for transfer of rights exceptions.)

The District must:

• At least one year before the student turns age 18, let the student know their rights, under the IDEA and state special education law, that will transfer to them when they become an adult student;
• Tell the adult student and the student’s parents when rights are transferred;
• Include this in the student’s individual education program (IEP)[1]; and
• Give any notices required by the IDEA and state special education law to the adult student and the student’s parents[2].

Can an adult student decide to have their parents (or another trusted adult) continue to support them in making educational decisions?

Districts must work with adult students after the transfer of rights happens. However, the adult student may still invite their parents to their PPT meetings. They can also let the District know, in writing, that they would like their parents to continue to make educational decisions for them. Also, adult students may allow another trusted adult to make educational decisions for them using a power of attorney.

Who can students contact if they need help in advocating for their rights?

If students have questions or need help advocating for their rights, they should first speak to their teacher, school case manager, school counselor, district transition coordinator, and/or parent. For additional help with secondary transition or special education, contact the CSDE Bureau of Special Education (BSE) Call Center by phone at 860-713-6966.

For assistance in understanding the provisions of the IDEA, please contact Connecticut’s federally designated Parent Training and Information Center, the Connecticut Parent Advocacy Center (CPAC), by phone at 860-739-3089, or by e-mail at cpac@cpacinc.org.

What to Think About as Students Prepare to Turn Age 18:

• Connecting with Connecticut State Agencies, as applicable: The process and requirements for accessing adult and community services are different from public education. Please visit the Easing into Secondary Transition webpage for information about state agency transition resources and services, and programs. It also lists contact information for each agency.
• Talk with your pediatrician about transitioning to an adult physician: Many pediatricians will stop caring for an individual once they reach 18. For resources, please visit the Got Transition Youth and Young Adults webpage.
• Get a valid ID: Formal identification is important for all adults. This could be a U.S. passport, driver’s license, or Department of Motor Vehicles (DMV)-issued photo identification card.
• Register with military: Upon turning 18, almost all male US citizens and male immigrants are required to register with the Selective Service, even though they have disability.
• Register to Vote: Individuals must be at least 17 turning 18 on or before Election Day in order to register to vote. Visit the MyVoteCT.gov to learn about voter information.
• Open a Bank Account: This allows individuals to build credit, manage their money, and accept direct deposits. TD Bank's Adaptive Financial Learning Suite helps learners understand the basic financial skills needed for employment and independent living.
• Decide if you should apply for Supplemental Security Income (SSI): SSI provides monthly monetary benefits for adults and children who meet disability and income requirements. Contact your local social security office or visit the Social Security Administration (SSA) website for an online application.
• Decide if you should apply for Medicaid/HUSKY C: Medicaid is a health insurance program that may support individuals with disabilities. Visit the Department of Social Services (DSS) website for an application.
• Decide if you should apply for Medicaid Waiver Programs: These programs may support individuals with disabilities to remain at home or in the community rather than in an institutional setting. There are current programs through the Department of Developmental Services (DDS), Social Services (DSS), and Mental Health and Addiction Services (DMHAS); provided individuals meet financial eligibility requirements. Visit the Overview of Medicaid Waiver Programs resource for additional information and online applications.
• Apply for Transportation Services: Visit the CT Transit and Paratransit websites for more information.
• For students seeking higher education, connect with your school counselors and college disability support services:
  • Free Application for Federal Student Aid (FAFSA) - Please visit the CSDE’s FAFSA Completion webpage for assistance completing the application.
  • Connecticut Office of Higher Education (OHE) - The OHE Information for Students and Families webpage provides information and resources about grants, loans, and scholarships.
  • U.S. Department of Education’s Office of Federal Student Aid (FSA) - The FSA provides information and resources about grants and scholarships, work-study, and low interest loans, including the FAFSA.
• Explore Employment Options:
  • Department of Labor (DOL): Protects the interests of workers, collaborates with business and industry leaders on employment programs and initiatives.
  • American Job Centers (AJCs): Provides free services to help workers find jobs and employers find workers.
  • Job Corps: Aids youth to become educated, trained and set up with careers.
  • Workforce Development Boards: Five regional Boards helping to increase employment, retention, and earning.
• Explore decision-making alternatives if an adult student will need support making financial, health and educational decisions.

Decision-making Options and Tools

The chart below outlines some options and tools for students turning age 18 to help support the transfer of rights and informed decision-making. Select a box on the continuum for more information about that option or tool.

 

Supported Decision-Making

"Supported decision-making" means a tool that is utilized by a person with a disability to retain decision-making authority through assistance from one or more persons of the individual's choosing in understanding the nature and consequences of potential personal and financial decisions and in communicating such decisions. (CGS § 10-74s)

Resources:

• Connecticut State Independent Living Council - Supported Decision Making
• Disability Rights Connecticut - Supported Decision Making
• Center for Parent Information & Resources - Supported Decision Making
• National Resource Center for Supported Decision-Making

Power of Attorney

A Power of Attorney is a legal document to allow another person to act for you. You create a legal relationship in which you are the principal and the person you appoint is the agent. A Power of Attorney defines the powers you give to your agent. Most durable powers of attorney, however, give your agent the power to do almost anything you could do.

(Reference: CTLawHelp - Frequently Asked Questions About Powers of Attorney)

Resources:

• State of Connecticut Judicial Branch Law Libraries - Connecticut Law About Powers of Attorney

Advance Directives

An advance directive is a legal document made before any condition or situation happens where you might be unable to make a decision about your medical care. It allows you to give your directions about your care and/or to have someone to act for you. Advance directives are only used if you cannot communicate your decisions, and there are two kinds. A living will is a document with your wishes about any health care you may receive. A health care representative is a person you authorize in writing to make health care decisions for you, including the use of life support systems.

(Reference: Connecticut Office of the Attorney General - Your Rights To Make Health Care Decisions: A Summary of Connecticut Law)

Resources:

• State of Connecticut Judicial Branch Law Libraries - Connecticut Law About Living Wills
• CTLawHelp - Frequently Asked Questions About Advance Directives and Health Care Planning in Connecticut

Trusts

Trusts have been used to benefit children, those over the age of 18 who cannot manage large sums of money, those with disabilities who aren't able to manage their own business and those with substantial creditors. Trusts provide financial assistance to someone without giving that person total control over the trust assets. A trust may be revocable or irrevocable, express or implied.

(Reference: Connecticut Probate Courts - User Guide – Understanding Trusts)

Resources:

• Connecticut Probate Courts - User Guide – Understanding Trusts
• Social Security Administration - Spotlight on Achieving a Better Life Experience (ABLE) Accounts

Conservatorship

A conservator is a person appointed by the Probate Court to oversee the financial or personal business of an adult. In an involuntary conservatorship, a conservator is appointed only if the court determines that the individual is unable to care for themselves. In a voluntary conservatorship, the court appoints a conservator when an adult asks for help in managing their business. There are two kinds of conservators. A conservator of the person oversees personal business and makes sure that the person's basic needs are met. A conservator of the estate supervises financial business, including taking care of property, and managing bank accounts and income.

Please visit Conservators for more information.

(Reference: Connecticut Probate Courts - Conservatorships)

Resources:

• Connecticut Probate Courts - User Guide for Conservators (Guia de Usuario Para Conservadores del Tribunal de Sucesiones)
• CTLawHelp - Frequently Asked Questions About Advance Directives and Health Care Planning in Connecticut

Guardianship

The Probate Courts become involved in the lives of adults with intellectual disabilities when they are unable to care for their health or safety. The court then picks a guardian to oversee all or some parts of the person’s care.

The court picks a plenary guardian for someone who needs help with all health and safety matters. The court picks a limited guardian for someone who needs help with some health and safety matters.

(Reference: Connecticut Probate Courts - Intellectual Disabilities)

Resources:

• Connecticut Probate Courts - User Guide Persons with Intellectual Disability (Guia de Usuario del Tribunal de Sucesiones Personas con Discapacidad Intelectual)
• State of Connecticut Judicial Branch Law Libraries - Connecticut Law About Guardianship

Additional Resources