Resource List on Transfer of Idea Rights for Students with Disabilities

(1) Empirical Research

• Bradley, V., Hiersteiner, D., St. John, J., & Bourne M. L. (2019)
  What do NCI data reveal about the guardianship status of people with IDD?
• Brady, A. M., Burke, M. M., Landon, T., & Oertle, K. (2019)
  Siblings of adults with intellectual and developmental disabilities: Their knowledge and perspectives on guardianship and its alternatives. Journal of Applied Research in Intellectual Disabilities, 32(5), 1078-1087
• Jameson, J. M., Riesen, T., Polychronis, S., Trader, B., Mizner, S., Martinis, J., & Hoyle, D. (2015)
  Guardianship and the potential of supported decision-making with individuals with disabilities. Research and Practice for Persons with Severe Disabilities, 40(1), 36–51
• MacLeod, K. (2017)
  “I should have big dreams”: A qualitative case study on alternatives to guardianship. Education and Training in Autism and Developmental Disabilities, 52(2), 194–207
• Millar, D. S.
  • (2003). Age of majority, transfer of rights and guardianship: Considerations for families  and educators. Education and Training in Developmental Disabilities, Vol. 38(4), 378-397
  • (2007). “I never put it together”: The disconnect between self determination and  guardianship – Implications for practice. Education and Training in Developmental Disabilities, 42(2), 119-129
  • (2008). Self-determination in relation to having or not having a legal guardian: Case  studies of two school-aged young adults with developmental disabilities. Education and Training in Developmental Disabilities, 43(3), 279-293
  • (2009). Comparison of transition-related IEP content for young adults with disabilities  who do or do not have a legal guardian. Education and Training in Developmental Disabilities, 44(2), 151-167
  • (2013). Guardianship alternatives: Their use affirms self-determination of individuals  with intellectual disabilities. Education and Training in Autism and Developmental Disabilities,48(3), 291–305
  • (2014a). Addition to transition assessment resources: a template for determining the use  of guardianship alternatives for students who have intellectual disability. Education and Training in Autism and Developmental Disabilities, 49(2), 171–188
  • (2014b). Extending transition to address guardianship alternatives: an issue concerning  students who have intellectual disability. Education and Training in Autism and Developmental Disabilities, 2014, 49(3), 449–463

• Millar, D. S. & Renzaglia, A. (2002)
  Factors affecting guardianship practices for young adults with disabilities. Exceptional Children, 68(4), 465-484
• Payne-Christiansen, E. M. & Sitlington, P. L. (2008)
  Guardianship: Its role in the transition process for students with developmental disabilities. Education and Training in Developmental Disabilities,43(1), 3-19
• Pell, E. (2019)
  Supported Decision-Making New York: Evaluation report of an intentional pilot
• Plotner, A. J. & Walters, C. B. (2021)
  Perceptions of district- and school-level special education leaders on guardianship and adult decision-making support. Journal of Disability Policy Studies, 1-11

(2) Law and Policy Analysis

• Cannon, Y. Z. (2011)
  Who’s the boss?: The need for thoughtful identification of the client(s) in special education cases. Journal of Gender, Social Policy & the Law, 20(1). 1-79
• Clark, S. G. & Lillie, T. (2000)
  Growing up with disabilities: Education law and the transition to adulthood. Disability Studies Quarterly, 20(4)
• Crane, S. A. (2015)
  Is guardianship reform enough? Next steps in policy reforms to promote self-determination among people with disabilities. Journal of International Aging Law & Policy, 8, 177-210
• Glen, K. B. (2017)
  Piloting personhood: Reflections from the first year of a supported decision-making project. Cardozo Law Review, 39, 495-519
• Hyman, E., Rivkin, D., & Rosenbaum, S. A. (2011)
  How IDEA fails families without means: Causes and corrections from the frontlines of special education lawyering. American University Journal of Gender, Social Policy & the Law, 20(1), 107-162
• Kanter, A. (2015)
  Guardianship for young adults with disabilities as a violation of the purpose of the Individuals with Disabilities Education Improvement Act. Journal of International Aging Law & Policy, 8. 1-68
• Lanier, E.C. (2019)
  Understanding the gap between law and practice: Barriers and alternatives to tailoring adult guardianship orders. Buffalo Public Interest Law Journal, 36, 155-215
• National Council on Disability
  • (2018). Beyond guardianship: Toward alternatives that promote greater self-determination for people with disabilities
  • (2019). Turning rights into reality: How Guardianship and alternatives impact the  autonomy of people with intellectual and developmental disabilities

• Pringles, C. I. (2011)
  Throwing a lifesaver without going overboard: Considering alternatives to guardianship. Vermont Bar Journal, 37-Spring, 21-23
• Raley, S. K., Shogren, K. A., Martinis, J. G., & Wehmeyer, M. L. (2020)
  Age of majority and alternatives to guardianship: A necessary amendment to the Individuals with Disabilities Education Improvement Act of 2004. Journal of Disability Policy Studies, 1-11
• Rebore, D. & Zirkel, P. (2000)
  Transfer of rights under the Individuals With Disabilities Act: Adulthood with ability or disability? Brigham Young University Education & Law Journal, 2000(1). 33-46
• Saltzman, J. C. & Hughes, B. S. (2005)
  Planning with special needs youth upon reaching majority: Education and other powers of attorney. NAELA Journal, 1(1), 41-57
• Schwartz, B. D., Colwell, W., & Milsk, P. (2008)
  Survey of Illinois law: Significant developments in education law 2007. Southern Illinois University Law Journal, 32(4), 827-864
• Rood, C. E., Kanter, A., & Causton, J. (2015)
  Presumption of incompetence: The systematic assignment of guardianship within the transition process. Research and Practice for Persons with Severe Disabilities, 39(4) 319–328
• Sarkar, T. (2015)
  Intellectual and developmental disability: Transition to adulthood and decision-making process. International Journal of Child Health and Human Development, 8(4), 517-527
• Smith, M. S. & Stein, M. A. (2021)
  Transfer of parental rights: The impact of section 615(m) of the Individuals with Disabilities Education Act. Drexel Law Review, forthcoming
• Theodorou, E. J. (2018)
  Supported decision-making in the Lone Star State. New York University Law Review, 93, 973-1013

(3) Professional Resources

• Alar, N. & Hughes, B. S. (2009)
  How and Why the Educational Power of Attorney Was Created
• Baldry, T. (2018)
  Alternatives to guardianship toolkit. University of Montana Rural Institute for Inclusive Communities
• Clair, T., Gruhn, S., & Harris, S. (2000)
  Transfer of rights: A special education technical assistance document. Oregon State Dept. of Education, Office of Special Education
• Fuchs, T. (2018)
  Interview with Jerri Davison & Charlie Walters [Interview]. Independent Living Research Utilization
• Glen, K. B. (2019)
  What judges need to know about supported decision-making, and why. Judges’ Journal, 58(26)
• Giuliani, G. A. (2012)
  The comprehensive guide to special education law. Jessica Kingsley Publishers
• Hart, D., Nemeth Cohen, R., & Dragoumanos, M. (2012)
  Massachusetts transition timeline. [Chart]. University of Massachusetts Boston, Institute for Community Inclusion
• Lindsey, P., Guy, B., Wehmeyer, M. L., & Martin, J. (2001)
  Age of majority and mental retardation: A position statement of the Division on Mental  Retardation and Developmental Disabilities.  Education and Training in Mental Retardation and Developmental Disabilities, 36(1), 3-15
• Martinis, J. (2015)
  “The right to make choices”: How vocational rehabilitation can help young adults with  disabilities increase self-determination and avoid guardianship. Journal of Vocational Rehabilitation, 42(3), 221-227
• Storms, J., O’Leary, E., & Williams, J. (2000)
  Transition requirements: A guide for states, districts, schools, universities and families . National Center on Secondary Education and Transition & Institute on Community Integration, University of Minnesota

(4) Parent Resources

• The WrightsLaw Way
  • (November 1, 2016) Age of majority: TURNING 18
  • (May 30, 2019) Transfer of Parental Rights at Age of Majority
• Brill, K. (2017)
  Supported decision-making and alternatives to guardianship by families. TASH Connections, 42(3), 33-35
• Center for Parent Information & Resources (October, 2015)
  Getting ready for when your teen reaches the age of majority: a parent’s guide
• deFur, S. H. (1999)
  Transition Planning: A Team Effort. National Information Center for Children and Youth with Disabilities
• Disability Law Center (2012)
  A Transition Services Online Manual (2nd ed.)
• Federation for Children with Special Needs & Massachusetts Department of Education. (2006)
  A parent’s guide to special education
• Federation for Children with Special Needs. (n.d.)
  TIPS: Transition Information for Parents and Students with IEPs
• Guardianship Alternatives and Transfer-of-Rights (2021)
  • Transfer of Rights: How Parents, Families, and Caregivers of Youth with Intellectual and  Developmental Disabilities Can Prepare for this Exciting Opportunity. Issue 1.
  • Preparing for the Transfer of Rights: Taking a Closer Look at Guardianship and its Alternatives. Issue 2.
• Leuchovius, D. & Ziemke, B. (2019)
  Consider the Alternatives: Decision-Making Options for Young Adults with Intellectual Disabilities. Think College Insight Brief, 41
• Misilo, F. (2013)
  Coming of Age in Massachusetts: A Legal Resource Guide | 3rd Edition
• National Center on Secondary Education and Transition & PACER Center (2002)
  Age of Majority: Preparing Your Child for Making Good Choices [Parent brief]
• National Dissemination Center for Children with Disabilities. (2009)
  Developing your child’s IEP: A Parent’s Guide
• Newton Public Schools. (n.d.)
  Age of majority
• PACER Center. (2015)
  Prepare your child for age of majority and transfer of rights
• U.S. Department of Education, Office of Special Education and Rehabilitative Services. (2017)
  A transition guide to postsecondary education and employment for students and youth with disabilities

(5) Self-Advocacy Materials

• Advocates as Leaders. (2017)
  “My Voice Counts”: Supported Decision Making An Alternative to Guardianship: A Self Advocate’s Guide to Supported Decision Making
• Autistic Self Advocacy Network & Family Network on Disabilities. (2016)
  Roadmap to Transition: A Handbook for Autistic Youth Transitioning to Adulthood
• Autistic Self Advocacy Network. (2016)
  The Right to Make Choices: International Laws and Decision-Making by People with Disabilities [Easy Read]
• Disability Law Center (2012)
  Self-Advocacy Materials: Alternatives to Guardianship and Guardianship
• McCarty, J.
  • (April 27, 2020). The Process of Terminating Guardianship (Using Supported Decision-Making) [Video]. YouTube
  • (May 10, 2020). Why Supported Decision Making Matters and How to Get Started [Video]. YouTube
  • (May 13, 2020). Supported decision making and guardianship termination. Self Advocacy Resource and Technical Assistance Center
  • (May 13, 2020). Who’s in Charge Here? [PowerPoint]. Self Advocacy Resource and Technical Assistance Center
  • (2020). Helpful resources to get started with Supported Decision Making [Handout]

(6) General Resources

• Center for Public Representation (n.d.)
  • Supported Decision-Making
  • Supported Decision-Making and education
• Institute for Community Inclusion (2022)
  State-Specific Transfer-of-Rights Rules. Guardianship Alternatives and Transfer-of-Rights
• Disability Rights Texas. (June 29, 2016)
  Supported Decision-Making in Action: Dawn and Belinda’s Story [Video]. YouTube
• Martinis, J. & Blanck, P. (2019)
  Supported decision-making: From justice for Jenny to justice for all. Something Else Solutions Press
• O’Hara, L. (2016, March 22)
  Supported Decision-Making: Gabby’s Story [Video]. YouTube
• Texas Office of Court Administration. (2004)
  Texas guardianship cases: Improving court processes and monitoring practices in Texas courts
• Zhang, D., Walker, J. M., Leal, D. R., Landmark, L. J., & Katsiyannis, A. (2019)
  A call to society for supported decision-making: Theoretical and legal reasoning. Journal of Child and Family Studies, 28, 1803-18