Transition to Adulthood

The law mandates that the school begins focusing on transition by age 14 in the state of Texas, but preparing for a successful transition actually begins the moment a student starts school.

When Do Transition Services End?

If continuing transition service needs exist, students with disabilities can remain in school through age 21. These needs may include acquiring skills required for independent living or employment. However, these goals MUST be stated in the Individualized Education Plan (IEP) and must include community-based instruction, learning experiences, and other adult objectives.

Take note: all rights granted to a parent under the Individuals with Disabilities Education Act (IDEA) will transfer to the child on their 18th birthday, unless the parent(s) or other persons have been granted guardianship.

What Are Transition Activities?

Some examples of transitions activities include:

Conducting strength and interest-based aptitude and career assessments

Coordinating and conducting transition planning meetings that include the student, parents, agencies, and other stakeholders

Conducting classes and activities that promote self-advocacy and self-determination

Taking students on college tours

Providing job shadowing opportunities, resume and interviewing skills, training experiences, and additional work-based learning opportunities

Taking parents on group home, sheltered workshops, and day program tours

Advocating for student and parent needs

Aiding students and parents in the completion of necessary forms to obtain services

Informing parents and students of training and employment opportunities

Holding parent workshops for college-bound students to provide information regarding accommodations and access

At least one year before your child turns 18:

Your child's school should provide information and resource called a "Notice of Rights" about the following:

Guardianship,
Power of Attorney
Alternatives to guardianship, such as supported decision-making agreements, and representa, and
Other supports that allows your child to live independently as an adult.

(Blackboard, Inc., n.d.)

Transition Resources

Texas Workforce Solutions- Vocational Rehabilitation Services (TWS-VRS)

Provides transition services to students with disabilities to help them make the transition from school to work. To locate your local TWS-VRS office, look here.

Texas Project First

This is a helpful website that explains transition services at all stages of IEP and provides resources for transitioning to adulthood. Their website can be found here.

Student-Centered Transitions Network

The Student-Centered Transitions Network (SCTN) works to create new pathways to a successful adult life for students with disabilities. Their website can be found here.
A helpful PDF document titled, "The Texas Transition & Employment Guide to a Successful Life After High School for Students with Disabilities" can be found here.

Beyond the School System: Decision-Making

Guardianships

What is Guardianship?

Guardianship is a "relationship created and monitored by a court that takes away legal rights from a person (called the ward) and gives those rights to another person (called the guardian)."

In Texas, guardianship is almost always sought for "incapacitated adults."

"Incapacity," in the eyes of the law, means that a person is unable to provide their own food, clothing, or shelter, care for their own physical health, or manage their personal financial affairs.

Because a guardianship takes away a person's rights, it should be the last and best choice to protect someone.

To learn more about Guardianship, click here.

(Texas RioGrande Legal Aid, 2022; Texas Young Lawyers Association, 2022)

Kinds of Guardianship

Texas law has a preference for establishing the least restrictive guardianship available.

There are two types of guardianships:

Guardian of the person
- A guardian has control over the ward's personal matters (i.e., housing, medical, and educational decisions)
Guardian of the estate
- A guardian has control over the ward's property and finances.

(Ishihara, 2023; Texas RioGrande Legal Aid, 2022)

Important Things To Consider

Just because an individual has a disability, does not mean they are incapacitated.
Incapacity can be partial or total. If partial, guardian rights are limited.
Guardianship is the last resort. Often, a person will get Power of Attorney as a first step. See the Power of Attorney section below to learn more.

Who Can Be A Guardian?

Texas Estates Code Section 1104.101 creates a preference order for who can be a guardian:

The spouse of the ward
The nearest kin of the ward
An eligible person best qualified to serve

Individuals are disqualified from serving as a guardian if they are:

A minor or other incapacitated person,
A person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or estate of the ward,
Found by the court to be unsuitable,
A person whose conduct is notoriously bad,
A person who is a party or whose parent is party to a lawsuit concerning or affecting the welfare of the proposed ward, or
A person asserting a claim adverse to the proposed ward

(Ishihara, 2023)

How To Become A Guardian

Step one: hire an attorney. You have the right to represent yourself in court, but you do not have the right to represent another person. If you choose not to hire an attorney for the proposed ward, an attorney will be appointed for them. This is not always the best option, so it is in everyone's best interest to do the hiring so you have the choice in who is assisting with the case.

Your attorney will file an application for guardianship with the county court. A doctor must evaluate the proposed ward and certify that they are incapacitated. The doctor has to have examined the proposed ward within 120 days of filing the application and must write a letter regarding the capacities and incapacities of the ward.

The proposed ward will be "served" with the application. Other 'interested persons,' including relatives, must be served or notified as well. They will have the option to sign a waiver to continue the process.

An attorney "ad litem" (appointed to act in a lawsuit on behalf of a child or other person who is not considered capable of representing themselves) will be appointed to represent the ward if you have not hired one for them.

You, the proposed ward (unless medically frail or otherwise unable to attend), and your attorneys must attend court for a hearing where you will testify as to why guardianship is necessary.

IF APPOINTED GUARDIAN:

You must sign under oath that you will perform the duties of a legal guardian and post a bond with the court within 20 days of being appointed guardian.
After posting the bond, the clerk will issue "Letters of Guardianship" for proof. These letters expire after 16 months. You must file annual reports and post new bonds to get new letters.

Power of Attorney

What is Power of Attorney (POA)?

A power of attorney "gives one person the legal right to act on behalf of another. A person who is mentally incapacitated cannot create a power of attorney because a power of attorney can only be created by a person who knows and understands what they are signing." A power of attorney helps you and your child share control over life decisions.

(Texas RioGrande Legal Aid, 2022)

Types of Power of Attorney Agreements

Power of Attorney for Educational Decisions
- - This is a way for your child to let their school know that they want you to keep making decisions about their education when they are 18 or older.
Medical Power of Attorney
- - A document that allows you to make medical decisions for your child if they become unable to do so.
Financial (or Durable) Power of Attorney
- - A document that allows you to oversee your child's finances.

Supported Decision-Making

What is Supported Decision-Making?

In 2015, Texas became the first state to have supported decision-making as a legal option.

Supported decision-making is a way for your child to make their own life decisions, big or small. Your child asks someone they trust to be their supporter. Their supporter helps them think about options, understand risks, and make a decision and communicate it to others. Your child's supporter can access private medical, educational, financial, and other information.

To Get A Supported Decision-Making Agreement

Your child must be age 18 or older.
Your child must understand the agreement.
Your child must be able to think about the choices they need to make in life, if they want help, and who they want to help them.

Representative Payee

What is a Representative Payee?

A representative payee is a "person who acts as the receiver of Social Security Disability or Supplemental Security Income for a person who is not fully capable of managing their own benefits."

For frequently asked questions regarding representative payees, click here.

(Representative payee program, n.d.)

Who Can Be A Representative Payee?

The Social Security's Representative Payee Program appoints a suitable payee who manages the payments on behalf of the beneficiaries. They generally look for family or friends to serve as payees; however, if family or friends are not able to serve, they look for qualified organizations.

They also offer the option to designate in advance, up to three individuals who could serve as payee if the need arises.

How To Become A Representative Payee

Contact your nearest Social Security office to apply. You must complete form SSA-11, request to be selected as payee, and provide documents to prove your identity.

Guardianship, Power of Attorney, Supported Decision-Making Agreements, and Representative Payee Agreements must be carefully considered for you and your child's situation. Each option provides support for individuals with disabilities in very different ways, so it is important to educate yourself, as the caregiver, on your options so you can make the best, informed decision.

After High School

Post-Secondary Education

There are several options when it comes to pursuing higher education: technical/vocational school, community college, colleges and universities.

Technical/Vocational School and Community College

Many technical and community colleges offer job training programs and technical certifications, follow Section 504, and do not require SAT or ACT scores.

However, community colleges may be more affordable and generally have classes that transfer more easily to 4-year universities.

Community colleges are a great option to help some students make the transition to college/university life.

College or University

What's Different in College vs Grade School?

Colleges follow Section 504 (see Section 504 in "Rehabilitation Act of 1973" here) instead of the IDEA; therefore, colleges generally won't modify what they teach but will give accommodations as needed.
When considering post-secondary school options, check to make sure they have an office for students with disabilities that offer support services. This is where you can arrange for accommodations.

Employment and Support Services

Texas is an "employment first" state, meaning it's a state priority to make sure that every adult who has the desire to work can have a job where they earn a livable wage and are integrated into the community.

Supported Employment

Supported employment services help people with disabilities find jobs integrated into the community that pays competitive wages. Unlike traditional vocational rehabilitation, this program individualizes its services to align with a persons interests and preferences.

Texas Workforce Solutions- Vocational Rehabilitation Services (TWS-VRS)

TWS-VRS supports people with disabilities to engage in meaningful employment by providing a range of services based on a person's employment goals. They provide vocational rehabilitation for youth & students, as well as adults.

For youth & students:

Services are provided to help people prepare for post-secondary education and employment opportunities. Pre-Employment Transition Services include:

Vocational counseling
School counseling
Work-based learning experiences
Workplace training
Self-advocacy/social skills training

For adults:

Services are provided for people to help them prepare for, obtain, retain, or advance in employment. Adult services include:

Vocational counseling
Referrals
Medical assistance
Rehabiliation and therapy
Vocational assessments
On-the-job training
Workplace training
Supported employment

And more.

Find your local Texas Workforce Solutions Office through this link.

Work Incentive Programs

People with disabilities have the option to earn income without losing access to services.

Ask a Vocational Rehabilitation (VR) counselor about work incentives such as:

Student Earned Income Exclusion (SEIE)
- - This provision allows a person who is under the age of 22, is regularly attending school, and is an SSI recipient, to exclude a specified amount of earnings from their income.
  - For more information, click here.

Impairment-Related Work Expense (IRWE)
- - IRWE are costs for items or services that a person needs to work because of their disability.
  - For more information, click here.

Blind Work Expense (BWE)
- - BWEs allow individuals who are blind to exclude reasonable, unreimbursed expenses from earned income.
  - For more information, click here.

Plan to Achieve Self-Support (PASS)
- - PASS is an SSI provision to help individuals with disabilities return to work.
  - For more information, click here.

Trial Work Period (TWP)
- - An individual receiving Social Security disability benefits may test their ability to work and still be considered disabled during a trial work period.
  - For more information, click here.

Extended Period of Eligibility (EPE)
- - When an individual receiving Social Security disability benefits completes nine months of trial work and continues to have a disabling impairment, they may be granted an extended period of eligibility. This provides a 36-month re-entitlement period where the individual can be re-entitled to their benefits if their work activity falls below substantial gainful activity.
  - For more information, click here.

Grace Period
- - Social Security will pay benefits for the month an individual's disability has ceased and the following two months, called the "grace period." Social Security will consider an individual's disability "ceased" when an individual works above the substantial gainful activity in the extended period of eligibility.
  - For more information, click here.

Ticket to Work (TTW)
- - TTW offers individuals with disabilities access to meaningful employment with assistance from TTW employment service providers.
  - For more information, click here.

Independent Living

Having the skills and support to direct one's own life at home and in the community is often called independent living.

Independent Living Resources

East Texas Center for Independent Living (ETCIL)

ETCIL provides training, resources, and information toward promoting independent living for persons with significant disabilities and their families in communities throughout Northeast Texas. Their phone number is 903-581-7542 and their website can be found here.

Navigate Life Texas

This website reviews the many options that are available for young adults with disabilities, whether it be assisted, independent, or group living. Their website can be found here.

Texas Project First

This website provides a list of resources related to independent living. Their website can be found here.

Medicaid Waiver Programs

Medicaid waiver programs include services (i.e., therapies, direct care attendants, home modifications, etc.) to allow people with disabilities to live independently in their community.

Below are the seven Medicaid waiver programs in Texas. Get on the appropriate waiting lists as soon as possible, as Texans often wait more than 10 years before they receive the services for which they are eligible.

Community Living Assistance and Support Services (CLASS) - available to all ages
- - CLASS provides home- and community-based services to people as a cost-effective alternative to placement in an intermediate care facility for individuals with an intellectual disability or related condition. Related conditions include: autism spectrum disorder (ASD), attention deficit and hyperactivity disorder (ADHD), depression and anxiety, etc.
  - Those interested in receiving CLASS are placed on an interest list by calling 877-438-5658 and asking for the CLASS Waiver Program.
  - For more information, click here.

Deaf-Blind with Multiple Disabilities (DBMD) - available to all ages
- - DBMD provides home- and community-based services to people who are deaf-blind with multiple disabilities as a cost-effective alternative to institutional placement.
  - Those interested in receiving DBMD services are placed on an interest list by calling 877-438-5658 and asking for the DBMD Waiver Program.
  - For more information, click here.

Home and Community-Based Services (HCS) - available to all ages
- - The HCS program provides individualized services and supports to persons with intellectual disabilities who are living with their family, in their own home, or in other community settings, such as small group homes.
  - Those interested in receiving HSC are placed on an interest list by contacting the local intellectual and developmental disability authority (LIDDA) that serves the county in which they live. Find your LIDDA here.
  - For more information, click here.

Medically Dependent Children's Program (MDCP) - available to people ages 20 and younger
- - MDCP provides services to support families caring for children and young adults ages 20 and younger who are medically dependent and to encourage the home care of children and young adults who reside in nursing facilities.
  - Those interested in receiving MDCP services are placed on an interest list by calling 877-438-5658 and asking for the MDCP Waiver Program.
  - For more information, click here.

STAR + PLUS Home and Community-Based Services (HCBS) - available to people ages 21 and older
- - STAR + PLUS is a Texas Medicaid-managed care program for adults who have disabilities or are age 65 or older. Adults with complex medical needs can choose to live and receive care in a home setting instead of a nursing facility.
  - Those interested in receiving STAR + PLUS services must first be enrolled in Medicaid.
  - For more information, click here.

Texas Home Living (TxHmL) - available to all ages
- - TxHmL provides selected essential services and supports to people with intellectual and developmental disabilities who live in their family homes or in their own homes.
  - Those interested in receiving TxHmL services are placed on an interest list by contacting their local intellectual and developmental disability authority (LIDDA) that serves the county in which they live. Find your LIDDA here.
  - For more information, click here.

Youth Empowerment Services (YES) - available for children ages 3 to 18
- - The YES Waiver is a 1915(c) Medicaid program that helps children and youth with serious mental, emotional, and behavioral difficulties. They provide intensive services delivered within a strengths-based team planning process.
  - Only a parent, guardian, or managing conservator can request a youth be added to the inquiry list and be assessed for the YES Waiver unless the youth is legally emancipated.
  - Click here to find the phone number of your local mental or behavioral health authority's YES waiver inquiry line.
  - For more information, click here.

For a printable version of this page's information, click here.

References

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