A SPECIAL NEEDS TIMELINE
OF LEGAL ISSUES, RIGHTS, AND BEST PRACTICES
I.
Developmental Disabilities Overview
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures
equal opportunity for persons with disabilities in education, employment, state and local
government services, public accommodations, commercial facilities, and transportation. As
soon as you know your child has been diagnosed with a DD you should:
A. Have your child evaluated by a developmental pediatrician or a licensed clinical child
psychologist or psychiatrist for medical diagnosis and to identify appropriate services,
such as physical therapy, occupational therapy, speech and language therapy, classroom
assistance, etc.
B. Find appropriate healthcare and other treatment providers: “How To Make Your Health
Insurance Work for You” www.azdisabilitylaw.org; www.azdes.gov/ddd
C. Seek early intervention services through private insurance, AZ Early Intervention
Program, DDD and your local school district.
D. Apply for Social Security Disability benefits for your child, if appropriate
http://www.ssa.gov/pubs/EN-05-10026.pdf
E. Plan for your child’s care in the event of your death or incapacity
 Learn about Arizona Long Term Care (ALTCS) plans: www.azdes.gov/ddd and
“Arizona Long Term Care System” www.azdisability law.org
 Establish a Special Needs Trust (SNT) for your child
 Establish (and review yearly) an Estate Plan to identify a guardian who will watch
over your child in your absence.
II.
Education (0-3yrs)
Infants and toddlers through age 2 with potential disabilities may be entitled to services
including an Individualized Family Service Plan (IFSP) under Part C of the Individuals with
Disabilities Education Act (IDEA). http://idea.ed.gov/explore/view/p/,root,statute,I,C,;
https://www.azdes.gov/azeip/
III.
Education (Age 3 through high school graduation or age 22 whichever occurs first)
All children are entitled to Free and Appropriate Public Education (FAPE) in an environment
that is the least restrictive possible. This means students with disabilities have a right to be
educated with students without disabilities to the maximum extent appropriate. ADA Section
504 of the Rehabilitation Act of 1973 (Section 504), and the Individuals with Disabilities
Education Act (IDEA) apply specifically to students with disabilities. Public schools, which
include charter schools, must accommodate and provide services to students with disabilities;
this is generally done by instituting an Individual Education Program (IEP) or a 504 Plan.
A. Request an IEP or 504 Plan from your local school district, which is accomplished by
requesting an evaluation in writing, as your child when your child is 2 yrs 9 months old.
 Your child may receive services through DDD, privately AND through an IEP.
 Your child does not have to be enrolled in school before the school district has an
obligation under IDEA. Districts have an affirmative duty to find children who
are suspected of having a disability.
http://idea.ed.gov/explore/view/p/,root,regs,300,B,300%252E111,
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B. IEP legal counsel or advocates can be hired to help with the process, or if the school does
not comply with its legal responsibilities.
C. Meet with teachers and administrators to ensure compliance with IEP/504 Plan. Progress
reports should be given at least quarterly
D. Attend and participate in annual IEP meetings to review child’s progress and create the
IEP for the next year period.
E. School District must evaluate your child every three years and determine eligibility for
special education services
 If you disagree with the school’s evaluation, request an Independent Educational
Evaluation
F. Ensure that the IEP includes services for transition to further education, employment and
independent living at least when the student turns 15.
G. If parents want their child to be educated until the age of 22 in Arizona, as required by
Arizona law, it is vitally important that they make certain their child's IEP continues to
show PROGRESS and the meeting and mastering of goals in the IEP. The school
districts may try to "graduate" special needs students after their 18th birthday by arguing
that the student has "plateaued." Ensure the IEPs have realistic, achievable goals and
that the child is always on track to master, or make progress, on at least two or three areas
of his IEP.
IV.
Life Care Planning/Special Needs Trust (Birth and throughout lifetime)
An Estate Plan includes information about who will be your child’s guardian when you die or
become incapacitated. A Special Needs Trust is a critical part of the plan used to protect your
child’s public benefits and provide for goods and services not otherwise available through
public assistance alone.
A. Establish a Special Needs Trust (SNT) for your child
a. A Special Needs Trust can provide for your child’s needs beyond what public
benefits can provide. For example, your Special Needs Trust can provide your
child: Professional services – lawyers, accountants, advocates, Academic or
recreational courses, Home décor and furnishings, Automobile/transportation
costs.
b. Inform all family members and others who may give gifts or inheritances to your
child to direct those gifts and bequests directly into a Special Needs Trust, so your
child’s public benefits are not impacted.
c. Change all beneficiary designations for all retirement plans (401K and IRA) and
all life insurance policies. The beneficiary designations should use the exact
language of the Special Needs Trust and not the individual person as the
beneficiary. Both retirement accounts and insurance policies are contracts and
state the beneficiary in the contract.
B. Arizona Long Term Care System (ALTCS) program is available for individuals disabled
(65 or older, blind, or disabled) and need ongoing services at a nursing facility level of
care, even if program participants do not reside in a nursing home. Many ALTCS
participants live in their own homes or an assisted living facility and receive needed inhome services.
C. Identify a guardian who will watch over your child in your absence (see below).
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V.
Employee Rights (Age 16+)
A. Review and understand how your child’s work income will impact Social Security
Income and other benefits.
B. Analyze whether your child should open a 529 ABLE account.
C. Review your child’s employment rights under the Americans with Disability Act (ADA)
for accommodation from covered Employers (not all employers must comply).
D. Report discrimination to the Equal Employment Opportunity Commission (EEOC).
VI.
Guardianship/Conservatorship (As early as birth and throughout lifetime)
Guardianships and conservatorships are court orders that grant a person the legal right to
make decisions for another person; usually they are granted to a person who is caring for a
child who is not their own, or for an adult with a qualifying disability (the child or adult
subject to the guardianship is called the ward).
A. Guardianship allows the guardian to make decisions for the ward that are in the ward’s
best interests, like appropriate housing, education, and medical care
B. Conservatorship allows the guardian to make financial decisions for the ward that are in
the ward’s best interests, like appropriate payment of expenses, management of funds at
financial institutions, and management of public assistance benefits.
C. Persons caring for children transitioning to adulthood should apply for guardianship, if
there is a qualifying disability, when the child is 17.5 years old.
D. File and request a deferral of the fees and costs of your Probate. This can save upwards of
$700.00 in court costs when the judge rules favorably.
E. Free legal forms are available in some Arizona counties.
F. Yearly reports must be filed with the Court.
G. For older parents, consider including an adult typical sibling or similar peer when
petitioning for guardianship. If something happens to the parents, the sibling will not
have to repeat the lengthy court process.
VII.
Social Security Benefits for Children with Disabilities (0-18)
The federal government provides monetary benefits and medical care coverage to some
children with disabilities. Some children may receive Social Security Income (SSI) and a few
children may receive Social Security Disability Income (SSDI).
A. Review Social Security’s website and consider whether you should apply on behalf of
your child. Consider your household’s resources and whether your child’s disability is
severe enough to qualify.
B. Very few children under the age of 18 can qualify for SSI benefits because the income
and resources of the parents must be very low.
C. Talk to your child’s doctors about whether you intend to apply for SSI. It is important to
put your doctors on notice that you are going to apply because their medical records will
be reviewed by Social Security.
D. If SSI is granted, Social Security will analyze your child’s disability every three (3) years
to determine if SSI should continue.
E. If SSI is denied, consider whether an appeal is necessary.
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VIII. Social
Security Benefits for Adults with Disabilities (18 Years+)
The federal government provides monetary benefits and medical care coverage to adults with
disabilities, if they have severe functional limitations. Some adults will receive SSI and a few
will receive SSDI.
A. An appointment should be set up with Social Security 1-2 weeks before the disabled
child's 18th birthday. The timing is critical so that the individual applying for benefits
does not fall under the program for SSI payments as a "CHILD" but as an "ADULT."
This needs to be stated when contacting SSI for an appointment.
B. Social Security does not count the income and resources of family members when
deciding whether the disabled adult meets the financial limits for SSI.
C. SSI is also very important because the applicant also qualifies for medical care coverage
under SSI. While the parent is working, this can be secondary coverage. When the parent
retires, and no longer has private insurance, this can provide critical medical coverage for
the individual.
D. Fill Out Confirming Statement for Room and Board Payment before attending meeting

Parent Will Provide Room and Board for Adult Child In Exchange for Rent of
$723 per month

When asked, "How is your child going to pay you for the first two months of rent
because your child is not going to have income yet?" The parent should answer
that they have entered into an agreement with their child to loan them the money
for the first two months of rent and that the child has agreed to pay the parent back
after the child starts receiving income from SSI.

When a parent takes his or her Social Security benefit, their disabled child can
disclaim their current benefit ($700.00) and claim 50% of the parent's benefit. In
some cases, this can be a significantly larger benefit.
F. Attend meeting (guardian and child should attend) and bring: original birth certificate,
social security card, photo identification, letter from doctor and medical records.
G. For our kids who will never drive, they need to obtain an identification card from the
State of Arizona for benefits, and for a multitude of services (medical visits, banking,
shopping, check cashing).
H. Prepare a one-page bullet point list to explain child’s disability and why the child cannot
work (e.g.,
Cannot comprehend or follow a schedule, Cannot engage in daily life
skills without assistance,
Cannot manage money/understand the concept of money)
I. If SSI is denied, consider whether an appeal is necessary
J. Ensure child has continuing health care benefits – AHCCCS, private independent
insurance policy, or covered on parents’ policy (until age 26)
K. Consider transition planning, including Independent or group supported living housing,
Post-high school vocational or other skills training/therapy, Case management
L. Complete all yearly tasks required by court to maintain guardianship
M. Complete all tasks required by Social Security to maintain child’s SSI benefits
NOTE: This document was created by a group of volunteer Arizona Lawyers that are
impacted by Autism. The document is for the benefit of the entire Autism
community and we encourage free distribution to all. The document is not intended
to provide personalized legal advice, and does not represent the opinions of any
firm or attorney. A qualified attorney or advocate should be consulted when
pursuing these items.
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