The Disability Support Puzzle Changes Again

Some of you might recall me posting a little over two years ago when the Dept of Community Services first posted the Disability Supports Services for Persons with Disabilities (SPD) Program Policy online. The document covered both financial eligibility for the programs under the SPD umbrella and the Basic and Special Needs Policy. So good stuff, that.

Or, at least I thought so, until I noticed the other day that we now also have a Level of Support Policy, dated May, 2014, which appears to supplement the 2012 Policy. Which, yes, means I am a little out of date, but, really, if you knew about it, why didn't someone tell me? Personally, I find that it can be awful hard to keep with life these days.

But back to the point and that is this - this Levels of Support Policy appears to be significantly different than the 2012 Policy.

While the Disability Supports Program Policy (2012) mostly concerned itself with general eligibility requirements and SPD DSP support options (aka Places to Live), such as

• Direct Family Support;
• Independent Living;
• Alternative Family Support;
• Residential Care Facilities;
• Group Homes;
• Developmental Residences;
• Small Options Homes;
• Adult Residential Centres and
• Regional Rehabilitation Centres

the new Levels of Support Policy focuses much more on "support planning" and the five "levels of support", along with the requirements for each.

If you're not "in the know", when an individual transitions to the adult system they are re-assessed and given a Levels of Support rating, from One to Five.The Support Levels look something like this:

• Level One - Minimum Support
• Level two - Moderate Support
• Level three - High Support
• Level four - Enriched Support; and
• Level five - Intensive Support

What form of residential support "program support options" are available to that person will depend on what Level of Support they have been assessed as requiring.*

To come up with said Support Level, the assessment looks at

• Activities of Daily Living;
• Instrumental Activities of Daily Living;
• Health Status;
• Medical Conditions;
• Behaviour; and
• Safety

The Levels of Support Policy also deals with other issues, of course, such as

• medical care and behavioral support requirements; 
• acute nursing services; 
• chronic medical conditions; 
• end of life care; 
• behavioral support parameters; and 
• something called "discretionary case management regarding a program option". 

Of course, last, but certainly not least (and never to be forgotten) sits the the appeal process.

Intrigued? Perhaps you best check it out for yourself.

* You might want to consider asking for a copy of the Assessment after it's complete. You will likely be denied, but that's no biggie - just make an application under the Freedom of Information Act. Don't ask me why they make us jump through the hoops, but they usually do. At any rate, I think it's worth having a copy of this (and further reassessments if the Support Level is changed) just in case. Here, this might help.

** For a complete list (with links) of all policy documents under the Disability Supports Program, go here.

Most Valuable Info

Show of hands please. 

Have you ever noticed that the most valuable information ever given to you on this journey has been received from another person in the special needs community and, sadly, not from those that are paid to assist our families? I know that's definitely how it was when my daughters were young and sadly it doesn't seem to have changed any.

Unfortunately, getting information in this matter is always hit and miss. That's the reason I believe that it's ivitally mportant for each of us to share whatever information we come upon that might help others. 

In that vein, I offer you "A Funding Source":

Just wanted to reach out to you all and let you know about a funding source that we stumbled upon that has turned out to be shockingly good. I thought some of you may be interested in this as our kids are all nearing adulthood.

Housing NS has a program called the RRAP (Residential Rehabilitation Assistance Program) for landlords. It is not based on your income but on the income of the renter. Their income must be less than $32,000 for your to qualify. The goal is to create long term housing for low income Nova Scotians,($24,000 available) and there are more incentives (additional $16,000 available) to create an accessible space.

Since*** now receives the Disability Support Program monthly allotment from Community Services, we decided to act as his landlords and create an apartment for him in our basement as a transition space for him to practice independent living skills and allow us to bring in more outside help in a way that isn't.  We were going to do this anyway but this program made it possible to do it much better than we could have on our own.

Turns out we were eligible for $40,000 in funding to do this. This is a forgivable loan that we do not have to pay back as long as **** lives with us for 8 years, or if he moves out we would need to rent it to another low income disabled person until the 8 years is up. The range of forgiveness is 8 – 15 years depending on how much of your own money you put into the project over and above the money they give you.

It is a lengthy process and involves loads of paperwork, zoning, building permits, inspections, and the ability to fund the project until they reimburse you once it is complete. You also need to register the money as a mortgage on your house which involves a lawyer. That being said it is well worth it, and we are nearing completion of ****’s apartment right now, which we designed to be accessible for him now and for how things may change in the future. Didn’t want to jinx it until we got the funds but it is all settled now so thought I would spread the word.

I would be pleased to answer any questions any of you might have and guide you through the process that worked for us. 

I must say, it does sound intriguing.

A New Day

Some might recall me occasionally mentioning that the reason A Primer on Special Needs and the Law has never had a blog roll is because I have never come across any Canadian legal blogs that I
felt would be relevant to my readers.

Well, today that changes. May I introduce:

Mr. J.P. Boyd and his blawg, 

Mr. Boyd presently serves as the executive director of the Canadian Research Institute for Law and the Family, prior to which he practiced family law in Vancouver, British Columbia as a litigator, mediator, arbitrator and parenting coordinator.

To quote Mr. Boyd, "The information provided in this blog relates to the laws and dispute resolution processes of Canada."

Although not directed to legal issues faced by persons with disabilities, per se, the blawg appears to have a nice mix of material oriented to helping self-represented litigants and information on initiatives underway across the country to increase access to justice.

* For anyone wondering, no, I have not forgotten my promise to continue our discussion in the "Let's Talk Landon Webb Guardianship" posts. All things come to those that wait.

CanuckKabuk Law

As I've noted before, although all kinds of links to all kinds of interesting information be found in the  sidebar, I have never had an official  blogroll at A Primer on Special Needs and the Law - the main reason being that there are very few Canadian legal-disability blogs out there, or at least very few that I'm aware of.

But today I came across "Kabuk Law" (no, I have absolutely no clue where that name came from although I can tell you that they bill themselves as "the first interactive platform for seeking legal advice in North America, enabling consumers to source desired providers and book appointments online" and there is an interesting little story behind how the site came to be) that appears worthy of sharing.

This is the link to their blog, where some interesting articles in their own right can be found. This will take you to their main page.

So what's it all about, you ask?

Basically it's a CANADIAN site that attempts to connect the public (meaning people like you. And you. And yes, you too) with lawyers. Pardon my excitement, but finding truly Canadian sites like this is indeed rare.

So check them out. Even if you're not in need of legal services at the moment, it's never hurts to be a Boy Girl Scout and be prepared. Check out their blog, too; as I said, there looks to be some very interesting stuff there, including a link to a survey asking people about their experiences looking for legal advice or (gasp) even an actual lawyer.

It would appear that they actually want to make getting legal advice easier, right here in Canada. Who would have thunk it, eh?

Legal News - Short But Sweet

For some reason, a phrase my Mom used to use, "a lick and a promise", seems to come to mind a lot lately. I am particularly fond of it when it comes to dusting, which truly seems to be a *chore* for me.

At any rate, today I give you the legal equivalent of a lick and a promise.

Although touted for family law litigants, this new workbook [the link will also be added to the sidebar under the "Helpful Links In General" heading] now available for self-represented parties in the Province looks like it might well prove at least somewhat useful  for all self-represented litigants, no matter the legal issue.

On another positive note, a free legal clinic is being launched this week at the Halifax Law Courts.

Beginning on September 17, people who want to resolve their legal problems in court will have access to free legal advice and information at the Halifax Law Courts (Upper Water Street). The “Free Legal Clinic” will open its doors.

One morning each week, self-represented litigants will have an opportunity to meet with a volunteer lawyer and a volunteer law student in private. During the 60-minute sessions, they will offer litigants basic advice and guidance to help them through their anticipated court appearances in the Supreme Court or the Court of Appeal.

The Clinic is not “needs-based”, meaning that a person’s income has nothing to do with whether or not they qualify for the free service.

The sessions will be held by appointment only. The advice and information offered is limited to civil law cases before the Supreme Court and Court of Appeal and to family law cases (except child protection matters) before the Court of Appeal. ...

[Click on the link to learn more, as they say.]

All in all, a good step forward, I should think.
Let's hope it's a sign of more good things to come.

*Until we meet again, mes amis.*

Can Lii, Can Do

Based on the premises that something is better than nothing *, news from the National Self Represented Litigants Project Website:

The NSRLP is proud to launch our latest resource for [Self Represented Litigants] SRLs, NSRLP CanLII Primer V1

The Can Lll Primer: Legal Research Principles and CanLII Navigation for Self-Represented Litigants is the result of innumerable hours of research and drafting by NSRLP Research Assistant Tamara Thomas, who worked with Julie to develop the Primer. Tamara says this about what she learned from the experience, and what motivated her to spend so much time and passion on this project. 

“The CanLII Primer aims to help SRLs develop a basic understanding of how to operate CanLII in a straightforward and effective way. CanLII is a wonderful resource because it is open to anyone to use – no fees, no commitments – but it can also be frustrating to operate. Of course, I say that coming from the privileged position of having taken classes specifically on legal research and writing in law school… 

I realized fairly quickly into this process – and I got a really good appreciation of this as a result of creating the Primer – that the legal system is one created by and dependent upon inaccessible and unintuitive language, and trying to access and understand the legal research process without properly understanding that language throws up yet another barrier to SRLs. Writing the Primer required that I completely deconstruct everything that I knew in a way that we are not taught in law school. ...

Check it out.

* A reference to my blogging (or lack thereof), not the content of the post.

Leave With the One That Brought You to the Dance ... or Not

I came across this little tidbit today and thought it was rather interesting - apparently PLAN has now partnered up with the Bank of Montreal with regard to the promotion of the RDSP.

The most interesting part being, I thought, the fact that there was absolutely no mention of PLAN's previous partnership with the Royal Bank around the RDSP.

Be that as it may, here's a little more info, from BMO's press release:

BMO Investments Inc. has announced that it is partnering with Planned Lifetime Advocacy Network (PLAN), a not-for-profit organization committed to ensuring the safety, security and well-being of those living with disabilities. 

The three-year sponsorship and partnership will focus on educating individuals and their families about the Registered Disability Savings Plan (RDSP). The partnership will also help those with disabilities set up RDSPs in order to help with their financial future.

FYI: Official Launch of Access Legal Help NS Project

"Tuesday, December 3, marked the official launch of the Access Legal Help NS project, which offers pro bono summary advice to Nova Scotians in need.

The launch event was hosted by McInnes Cooper in Halifax, with the Legal Information Society of Nova Scotia (LISNS).

Mission
Our mission is to establish and maintain a legal pro bono hub that will support access to basic legal advice and foster quality pro bono legal service on key issues for Nova Scotians living in poverty, the working poor, non-profit organizations and others facing barriers in gaining access to justice.

Objectives

To create a single place where Nova Scotians can find pro bono services for their legal problems

To create various ways for Nova Scotians to gain access to legal pro bono services

To partner with organizations already providing pro bono legal services throughout Nova Scotia

To educate the Nova Scotia legal community about pro bono opportunities and their benefits

To engage and provide opportunities for the legal community in Nova Scotia to participate in delivering pro bono services

To raise general public awareness about pro bono legal services"

[READ MORE]

A Primer on ... Guardianship

While collecting links for that last post, I came across an interesting collection (the majority of them new) of legal websites that actually discuss adult guardianship in Nova Scotia.

That was quite surprising given that the last time I checked (admittedly maybe six to twelve months ago), there appeared to be a distinct lack of helpful sites on the subject. Lots to be found on child guardianship in Nova Scoita, to be sure; but not so much on adult guardianship.

At any rate, nice person that I am, I thought I might share these sites with you. So here goes:

• Guardianship of Adults (Legal Information Society of Nova Scotia) -
  It's nice to see that the Legal Information Society of Nova Scotia has finally completed the adult guardianship section on their site. The page answers the most basic burning questions, such as:

What is guardianship? 

Who is an incompetent person? 

Who can be a guardian? 

How is a guardian appointed? 

Are there protections if the guardian fails in their duties? 

What are the responsibilities of a guardian? 

What is included in an inventory? 

How does a guardianship end? 

What does a guardianship application cost? 

Are their alternatives to guardianship? 

It also provides a list of places where one can go to get more information on the subject. Given that online information is only as good as its source I would highly recommend the Legal Information Society of Nova Scotia's site.

• How to File a Guardianship Application in Supreme Court of Nova Scotia - This page (part of the Courts of Nova Scotia site) had been previously lacking, only setting out a small bit of basic information. But I see that they have now expanded the page to actually set out the entire process, step-by-step, in making a guardianship application.

• Guardianship of Adults (Taylor MacLellan Cochrane)- A word of caution with this one: although I included it because it sets out a lot of important and related information in an easy-to-read manner, it is a little out of date.

Meaning it would be best to tread carefully (and carry a big stick) through the material under the heading "Court Hearings" on p.4 (you will see it refers to there being two separate court hearings (this is no longer the case  - basically, we just start with the "second hearing" - there is no "first hearing" anymore) and amount set out as "Lawyer's Fees" on p. 6 (fees have obviously increased significantly since the making of this document).

However, other than those two things, it looks like it would be well worth your time.

Note to Taylor MacLellan Cochrane: You really need to update the material on your website.

So lots of good information there, to be sure, if you have the desire need to learn more about how guardianship works in this Province.

Of course, there is another great source of information available online on guardianship in Nova Scotia made available by yours truly. I just wouldn't want you to forget. '-)

The Best Laid Plans

I was really looking forward to doing a one-day workshop in Bedford in October - October 19th, to be
precise. I say "was" because at the moment it's not looking so good.

You see, there's this great parent advocate in Bedford who offered to host the presentation. Last year, we put on a half-day workshop, but this year she agreed to host the whole shebang:

• Understanding the Legal Options to Support an Adult with an Intellectual Disability;
• Protecting Your Child's Financial Future;
• Government Money Most Families Leave on the Table

We have repeatedly asked people to pre-register with Jocelyn but .... alas, this has not been happening.

So, please, anyone who is interested in attending, do pre-register with Jocelyn

jocelyntingley@gmail.com

And for anyone who wasn't planning on attending but now thinks maybe they should (because you really should*, you know) .... well, you know the drill.

* Of course, it's entirely possible that I could be biased,but, speaking as one family member to another family member, this is information you really need to know.

Back By Popular Demand

Okay, maybe "demand" isn't quite the word, but I can tell you it sure was popular! And since it is that time of the year again...

Oh yeah, I decided to be extra nice today -you don't even have to click on the link back to the original post.

And yes - yes,I did check all the links and there are still valid. But if anyone knows of any other relevant document that I missed, please include the link in the comments.

Happy Reading

One Stop Shopping

Back to school. Ugh.
Back to school shopping. Again. Ugh.

Although, personally, I would take the shopping any day over actually having to send my kids back and start yet another year (this will be year 15 for my oldest) of "advocacy".

But do not despair. Nice person that I am, I have put together a list of ammunition documents you really should be familiar with as we start another school year.

I've tried to bring some order to the chaos by organizing them by topic but ... well, really, you wouldn't want me to take all the fun away and make it too easy, would you? Just think of it as digging through the bins at Frenchy's ... you never know when you will find a great bargain that fits you just right!

Special Ed in General

Special Education Policy Manual aka "The Bible" (2008)  -That's right, this document should be your Bible for just about any issue you might face with your school, your Board or the Department.

Life Skills: Supporting Student Success (2009) - A little-known document that can be a life-saver when your school tells you that they're very sorry but your child MUST take all these academic courses to get the credits necessary to graduate. It's not their fault; blame the Department.

OR you could just pass over this document, which sets out exactly how "life skill" credits can be and are recognized. Look at that ... a How To Guide for your school!

Increasing Learning Success (2008) - Although written more or less as a how-to guide for reorganizing high school to keep typical students engaged, there are a fair number of ideas discussed that could be very helpful for students with special needs.

Program Planning Process: A Guide for Parents (2006) - This document basically pulls out (and slightly expands upon) the portion of the Special Education Policy Manual (see above) dealing with the program planning process.

"Just how do I go about getting my child an IPP?", you ask. Look no further...
Supporting Student Success: Resource Programming and Services (2006) - Written to provide direction to school boards on the role of resource teachers and their expected competencies and to assist in the development of related policy and procedures, it is also intended to serve as a framework for professional development for resource teachers, classroom teacher and school administrators regarding the resource role in the program planning process. 

In other words, find out just how Resource is suppose to work.

Respect for Diversity: A Planning Resource (2007) - This resource came out of the Minister's Response to Addressing Bullying in Nova Scotian Schools: A Student's Perspective in 2003. (The more things change ... no?)  It's intended to be a resource for students to use to support the advancement and promotion of diversity ... meaning it's to be used a resource to assist in the planning and delivery of a school-wide Respect for Diversity Day. Never heard of such a thing? Don't feel bad ... neither have I!

It just might just be worth checking out, however. Challenge your school and see if they're up to holding their very own (and chances are, very first) Respect for Diversity Day.

Do. Not. Limit. Me.

Wow, what a great video! You tell them, Megan.



So what say you? Let's distribute this far and wide.

Share it on your social networks. Share it with your friends. Show it to your children.

But, most important of all ...

Do. Not. Limit.

Anyone.

H/T to Ashley's Mom at Pipecleaner Dreams

Cross-posted at Free Falling

This & That

Just a quick note to say that I've updated the "Places To Be" link on the sidebar (about 1/3 of the way down the page if you're not familiar with it).

It's nice to see that the IWK has brought back the EASE program (which has been conspicuously absent for quite some time now) and HACL still has some interesting upcoming workshops [such as "Planning for the Future - Pre-employment", "Planning for the Future - Living Independently in the Community" and "Putting it All Together - Individual Program Plans (IPPs)"] over the next couple of months.

And, of course, I would remiss not to mention my own upcoming workshops in May, one in Halifax (May 13th) and one in Berwick (May 18th) - both will include presentations on "Understanding the Legal Options to Support an Adult with an Intellectual Disability" and "Protecting Your Child's Financial Future".

That's not all, of course - there are a few other interesting upcoming events to be found there as well so be sure to check out the entire list.

~  ~ ~

One other tip to pass on - we've talked in the past about the importance of the Disability Tax Credit and even some information on how to go about applying for it. But I recently came across an article that sets out some of the issues to be aware of with such companies. So you might just want to check that out, too. After all, forewarned is forearmed, right?

~ ~ ~

Almost forgot - for anyone interested, the federal government is conducting a study concerning government programs for persons with disabilities and issues related to saving for the future. You might be eligible to participate if you or an immediate family member is in receipt of the Disability Tax Credit. Participation involves either a 2-hour focus group or a 40-minute telephone interview.

To volunteer for the study, call 1-866-770-4649 and leave a message with your name and telephone number. Someone will call you back to confirm your eligibility for the study.

Oh yeah, did I forget to mention .. you will be paid a $75 honorarium for participating.

So we have that going for us, which is nice.

How Time Flies Crawls

Does anyone recall back in 2008 when I mentioned that the United Way of Halifax was putting out the call for a 211 service in the province?

211 is personal telephone access to information about the full range of social services offered in a local community. It is especially valuable to seniors, newcomers and persons with disabilities trying to navigate the maze of services delivered by multiple levels of government and private providers.

Today residents in large cities like Toronto, Edmonton and Calgary, as well as smaller cities such as Windsor, Niagara Falls and Simcoe have access to 211, 24-7. Callers always talk to people and never a machine. Three more 211 initiatives will launch in 2008 in Ottawa, Thunder Bay and Quebec City. The premier of British Columbia has recently announced the commitment to the first provincewide 211 service in the throne speech.

How about in 2009 when we discussed Aliant agreeing to sponsor such a service and then Nova Scotia Minister Jamie Muir wanting to see more money from proponents on the table so the province wouldn't have to go it alone on the operating costs?

Or, for you relative newcomers to the blawg (or those with shorter memories), how about in 2011 when the government finally agreed to provide $585,000 to establish the system, along with some additional operational funding?

Well, I just thought I would let you know that what some might have thought was actually accomplished back in 2011 has finally come to fruition ... as in .... IT'S HERE! *

Families now have a single point of access to more than 3,000 government, community and social programs provincewide, thanks to government investment in the new 211 information and referral system, which went live on February 11. 

.  .  . 

"With the launch of 211, we've reached a major milestone on the path to connecting Nova Scotians with the community and social services they need, as soon as they need them," said Chuck Hartlen, chair of the 211 Nova Scotia board and senior vice-president, customer experience, Bell Aliant. "Whether it's through 211's highly trained information specialists or the website, the service offers access to the most thorough database of community and socials services in Nova Scotia.

.  .  . 

211 is available in English, French and a variety of other languages, 24 hours a day, seven days a week, 365 days a year. Nova Scotians can access 211 by phone, email at info@ns.211.ca, or online at www.ns.211.ca.

You can read the whole thing here.

*Only 5 years later

Mark Start Your Calenders Engines

As you're no doubt aware, I have been offering presentations on various legal-related disability issues for a few years now.

It all started when, as I was in the process of creating the Nova Scotia Legal Guardianship Kit, it quickly became painfully obvious how few families really understood the differences between guardianship, powers of attorney and personal directives.

The need that I had identified (and which led to the creation of the Guardianship Kit) was so much greater than *just* being unable afford a lawyer in order to commence a guardianship application. There wasn't just a cost issue, there was a true information deficit.

Many years ago, someone explained to me that "there's what you know, there's what you don't know and there's what you don't know you don't know." I pondered that for a while and soon cam to realize how true it is. I also came to realize that, sadly, it's what you don't know that you don't know that is the real killer.

For example, lawyers are not taught everything there is too know about the law - it would be physically impossible to fit that much information into our little pea brains. What we are taught, beyond some basics, is where and how to find the answers to legal questions. In other words, we're taught the legal research skills needed to find the answers to those things we don't already know.

All of which is all fine and good, but what happens if a lawyer (or anyone else, for that matter) misses a potential issue? Just who is going to research the answer to a question that they don't even realize exists?

"But what does this have to do with my presentations?" you ask.

Well, I realized that not only did families need information about the different legal options available to support an adult with an intellectual disability but there was a host of other things they needed to know about - things that, in many cases, they didn't even know existed.

Two examples? The Henson Trust and the RDSP. The Henson Trust, by the way, is a particularly good example because for far too many families, no one even realizes there is an issue until the parents have died and it is too late.

And that, my friends, is what led me to the creation of the two other presentations I offer; namely, "Protecting Your Child's Financial Future" and "Government Money Most Families Leave on the Table".

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~  ~

All this to explain to you why I am so pleased to be offering, for the first time ever, all three presentations together in a one-day workshop this Saturday, Feb. 9th, in Truro.  

The event is being sponsored by Parents Supporting Parents and pre-registration is required by emailing parentssupportingparents@;live.ca or phoning 641-2020. There is a minimum donation of $5 per person to Bright Skies Day Camp for Kids with Special Needs (which, by the way, I thought was a very nice touch) and you can get more information by visiting my FaceBook page.

But the reason I am so happy to be offering all three presentations in one workshop is because there is a fair bit overlap between the topics - for example, the Henson Trust comes up in both the "Government Money Most Families Leave on the Table" and the "Understanding the Legal Options Available to Support an Adult with an Intellectual Disability" presentations and the subject of guardianship comes up in both  "Protecting Your Child's Financial Future" and "Government Money Most Families Leave on the Table", all of which can be more than a little confusing for audience members when a related yet unfamiliar topic arises during a presentation but I only have time to explain it in a very limited way.

And all this takes me to my next question - "Will I see you there?".

I hope so.

Holiday Travel, Anyone?

While I do have a post brewing on some more human rights in education issues, given the time of year and the fact that I have a few other irons in the fire at the moment, I'm hoping you will forgive my tardiness. And, for now, see fit to accept this collection of potentially useful links for traveling this holiday season (or any other time, for that matter).

But first, some background on the Canadian Transportation Agency.

The Canadian Transportation Agency is an independent administrative body of the Government of Canada. It performs two key functions within the federal transportation system:

• As a quasi-judicial tribunal, the Agency, informally and through formal adjudication, resolves a range of commercial and consumer transportation-related disputes, including accessibility issues for persons with disabilities. It operates like a court when adjudicating disputes.

• As an economic regulator, the Agency makes determinations and issues authorities, licences and permits to transportation carriers under federal jurisdiction.

Part of the Agency's mandate includes dispute resolution (resolving complaints about federal transportation services, rates, fees and charges) and accessibility (ensuring Canada's national transportation system is accessible to all persons, particularly those with disabilities).

And, by the by, the CTA is also the Agency responsible for the historic One Person, One Fare” decision, in which the the right of  individuals with disabilities to have access to a second seat when traveling by air in Canada without having to pay a second fare for an attendant or other use, to accommodate their disability was recognized.

So now that you are sufficiently versed in the "who", let me share with you the "what". For your viewing pleasure, I offer the following three documents from the CTA:

Carriage of Mobility Aids On Board Planes, Trains and Ferries
This document sets out the standards, regulations, policies and procedures concerning the carriage of mobility aids in air, rail and ferry travel. It also provides some helpful tips for those traveling with mobility aids, as well as the procedure to be followed in resolving any problems/issues.

Take Charge of Your Travel: A Guide for Persons with Disabilities
This guide helps to anticipate the questions and prepare for the challenges that can arise when traveling. Starting with suggestions on making reservations, the document goes on to look at potential issues around the terminal, getting on board and your arrival at the other end (including mobility aids, medical clearances and service animals). There are some handy reminders and advice about what to do when things don't turn out as you expected, as well as a section with useful information sources and an index to help with quick searches. A reservation checklist is also included.

Accessible Transportation Complaints: A Resource Tool for Persons with Disabilities
As the title suggests, this document deals with the procedures involved in resolving accessible transportation complaints.

I haven't personally reviewed the documents at any great length or had any reason to use them yet (although I hope to change that soon - meaning I hope our family will be doing some travel by air this summer) but I hope you find them useful, either now or in the future.

H/T to the Arch Disability Law Centre and their great newsletters

Five Minutes of Fame (Literally)

UPDATE: So how come no one has ever pointed out this mistake I've been consistently making? Apparently left = right and right = left. And the sidebar ... that's on the RIGHT-HAND side of the page. Sorry.

A big thank-you to CTV Morning Live for having me on the show this morning. I really appreciated the opportunity to discuss why guardianship (and other options) can be such an important issue for so many families.

If you're new here and have more questions, please scroll to the bottom of the page and click on the Guardianship label in the sidebar to the left. That should give you access to all the posts I have written on the subject.

You will also find labels like "Powers of Attorney" and "Personal Directives" that you might like to check out, too.

If you're interested in my upcoming presentation on Saturday, December 8th, click on the "Upcoming Presentations" tab at the top of the page.

And please feel free to stick around - hopefully, you will find valuable information in both past and future posts.

A Leap of Faith

It's been eighteen years since I've practiced law.

I stopped practicing in 1994 due to the significant health (to say nothing of other) needs of my oldest daughter. And I've always said I wouldn't go back to practice unless I could have just a "disability" practice.

In other words, not unless I could only take cases involving disability-related issues. But considering that most families with a disabled family member can't afford a lawyer and I figure that it will likely take Nova Scotia a good 20 years to get to the point where the government helps subsidize the cost of legal representation for families ... I just couldn't see it happening.

But for the past year or so, I've been playing around with the idea of doing just that ... going back to the practice of law.

What if I went back to practice? Just on a part-time basis?

What if I could offer people the option of either purchasing the Guardianship Kit or hiring me to bring their guardianship application?

What if I could, not just talk about the Henson Trust, but actually do up Wills for people with the proper wording?
What if ...?

Not only would my fees be significantly lower than the majority of lawyers' but people were already asking if they could hire me to bring guardianship applications and I had to explain that no, I wasn't practicing.

So it was that I've been playing around with this idea for a while now.

I tried to talk myself out of it ... after 18 years of not practicing, just how many hoops would the Barristers' Society make me go through before granting me practicing status again? For a while, that seemed like a good enough reason not to proceed any further.

But eventually I realized that I might just be staring in the face (and yet not seeing) exactly what I have been looking for so hard for quite a while now. This has been my passion for so many years now - how long have I been telling people that if I could find a way to marry law and disability (and get paid for it), I would be truly happy? Trust me, a very long time.

And so it was that eventually, very slowly, light began to dawn on marblehead (that would be me, in case you were wondering) and I made the decision to take the leap and return to practice. 

Now I must admit that the time between making that decision and actually commencing the process  has been a little slow but ... I am happy to inform you that yesterday I mailed my aplication to change to practicing status to the Bar Society.

What now, you ask?

Now.

  

Now I sit and wait to hear back as to what, exactly, I will have to do before I can start practicing again.

Wish me luck. Please.

One-Stop Shopping

Back to school. Ugh.

Back to school shopping. Again. Ugh.

Although, personally, I would take the shopping any day over actually having to send my kids back and start yet another year (this will be year 15 for my oldest) of "advocacy".

But do not despair. Nice person that I am, I have put together a list of ammunition documents you really should be familiar with as we start another school year.

I've tried to bring some order to the chaos by organizing them by topic but ... well, really, you wouldn't want me to take all the fun away and make it too easy, would you? Just think of it as digging through the bins at Frenchy's ... you never know when you will find a great bargain that fits you just right!

Special Ed in General
Special Education Policy Manual aka "The Bible" (2008)  -That's right, this document should be your Bible for just about any issue you might face with your school, your Board or the Department.

Life Skills: Supporting Student Success (2009) - A little-known document that can be a life-saver when your school tells you that they're very sorry but your child MUST take all these academic courses to get the credits necessary to graduate. It's not their fault; blame the Department.

OR you could just pass over this document, which sets out exactly how "life skill" credits can be and are recognized. Look at that ... a How To Guide for your school!

Increasing Learning Success (2008) - Although written more or less as a how-to guide for reorganizing high school to keep typical students engaged, there are a fair number of ideas discussed that could be very helpful for students with special needs.

Program Planning Process: A Guide for Parents (2006) - This document basically pulls out (and slightly expands upon) the portion of the Special Education Policy Manual (see above) dealing with the program planning process.

"Just how do I go about getting my child an IPP?", you ask. Look no further...

Supporting Student Success: Resource Programming and Services (2006) - Written to provide direction to school boards on the role of resource teachers and their expected competencies and to assist in the development of related policy and procedures, it is also intended to serve as a framework for professional development for resource teachers, classroom teacher and school administrators regarding the resource role in the program planning process. 

In other words, find out just how Resource is suppose to work.

Respect for Diversity: A Planning Resource (2007) - This resource came out of the Minister's Response to Addressing Bullying in Nova Scotian Schools: A Student's Perspective in 2003. (The more things change ... no?)  It's intended to be a resource for students to use to support the advancement and promotion of diversity ... meaning it's to be used a resource to assist in the planning and delivery of a school-wide Respect for Diversity Day. Never heard of such a thing? Don't feel bad ... neither have I!

It just might just be worth checking out, however. Challenge your school and see if they're up to holding their very own (and chances are, very first) Respect for Diversity Day.

Fact Sheets (Pretty much speak for themselves)
Adaptations - Strategies and Resources

Assistive Technology - Access to Learning

Inclusion - Supporting All Students (Fact Sheet)

Program Planning - A Team Approach (Fact Sheet)

Transition
Transition Planning for Students with Special Needs: The Early Years Through to Adult Life (2005) - Did you know that your child might well be entitled to an Individualized Transition Plan? But wait, what the heck is a Transition Plan? And when is this so-called "transition planning" suppose to occur?

SLP and School Psychologist Guidelines (Some hidden goodies)
Speech-Language Pathology Guidelines

School Psychology Guidelines

Student Records
Student Records Policy

Discipline
Provincial Code of Conduct and School Code of Conduct Guidelines (2008)
This. Document. Is. Very. Important.

The regulations made under the Education Act require the Minister to create a Provincial Discipline Policy (aka the Provincial Code of Conduct). All school boards are mandated to create Codes of Conduct (discipline policies) based on the Minister's Policy and each individual school is obligated to create its own School Code of Conduct. Neither a Board's nor a school's Code of Conduct can contradict the Minister's Policy.

Now listen carefully - the Provincial Discipline Policy was changed in a very significant way in 2008. Prior to that time, no provision was made to take into account a student's stage of development and special needs when meting out discipline. In fact, there was a chart which very clearly in black and white laid out specific behaviour and the consequences of such behaviour - if you do this, you will be suspended; if you do this, the police will be called in; etc.

Thankfully, that is no longer the case - the Provincial Policy clearly states that consequences for misbehaviour must be "appropriate to a student's stage of development and in consideration of the student's special needs". It is further stated that "consequences must make sense to a student as much as possible." The School Code of Conduct policy also supports the development and implementation of a comprehensive school-wide PEBS (positive effective behaviour supports) program. Behaviour is divided into "disruptive" and "severely disruptive" and a range of possible consequences are provided for various behaviours within these categories.

All of the above are very significant changes. Very significant changes that, one would presume, were brought about, at least in part, by a Charter challenge against the Province's discipline policy many years ago.

The case never made it to court and the parents involved could be forgiven for thinking it had all been for naught and no progress had been made. Or, at least, they no doubt thought that until they saw that some of the very changes they were requesting have been incorporated in the Province's Discipline Policy. We haven't made it as far as some other provinces (in particular, Ontario, includes the need to recognize a student's special needs when it comes to discipline within the regulations made under their Education Act) but we have made progress.

So the next time an administrator tells you that they have no other choice, their hands are tied, they have to suspend your child just as they would any other student who had (fill in the blank) .. you might want request both your Board's and the school's Code of Conduct and compare them to this document.

Time-Out Guidelines (2010) - Check out that date ... anyone care to hazard a guess as to the why behind these Guidelines? As so very often happens, change only seems to occur when parents GET LOUD. 

** By the way, did you notice that the practice of using time out is to be decided through the Program Planning Process as set out in Policy 2.2 of the Special Education Policy Manual? Which, to my way of thinking, requires prior parental consent (or at least knowledge) of its intended use.

Guidelines for the Use of Student Restraint (2011) - Need to know what the school can and can't do to restrain your child? Need to gently remind them that physical restraint is to be considered a last resort and only to be used when someone's safety is at risk?

IPP Appeals
School Board and Ministerial Appeal Guide (2000) - Sets out the procedure to be followed when a parent appeals an IPP; first at the school board level and then at the Department level. And, remember this, although you may not have a very good chance of success at the Board level (cough, cough), your chances improve significantly should you convince the Minister to grant you a provincial appeal.

Tuition Support
Tuition Support Program - If your child has a diagnosed Learning Disability, ADHD or autism* and you  are not familiar with the TSP, then you need to be. And take heart, the program has become a little looser than it previously was.

* Unfortunately you are more likely to find a school able to accommodate your child if they have a LD or ADHD, then if they have autism.

Guidelines Regarding Entering Into Agreements, including Tuition Agreements, for the Provision of Services and Benefits * (2011) -  These are the Guidelines that are to govern when the Program Planning Team has exhausted all options and agrees that the public school system cannot meet a student's needs. In such a case, a school board can agree to cover the total cost of the student's tuition at a private school. Just don't expect this to happen too often.
* Not to be confused with the Tuition Support Program, above

Transportation
Handbook for the Transportation of Students with Special Needs (2011)

Medical Care
Diabetes - Guidelines for Supporting Students with Type 1 Diabetes (2010)

Diabetes - Standards of Care for Students with Type 1 Diabetes in School (2008)

DNAR - Guidelines for Supporting Students in School Who Have a Do Not Attempt Resuscitation Order (2012)

Teacher Assistants (aka EAs, TAs, EPAs)
Guidelines for Teacher Assistants (2009) - Need to know the roles and responsibilities of teacher assistants? What are their expected qualifications and competencies? Unfortunately, the document doesn't quite answer many parents' burning question ... "How the heck do I get one for my child?"

Miscellaneous
Schools Plus - One of the Department's newer initiatives and worth taking a look-see at.

You can find a series of special reports here, including the Autism Management Advisory Team (AMAT) Report - Lifespan Needs for Persons with ASD.

And although not technically from the Department of Education, you might find this document useful if you find yourself trying to explain to the school why your child with autism requires a service dog at school.


One (or two) last word(s) ... it took a while to convince me, but after meeting twice with the Minister of Education last year, I am at last convinced that the Department, itself, actually has some pretty good policy documents; as just one example, I was particularly pleased to be pointed to the Life Skills document above after having been repeatedly told my child's high school that she had to sit through (what to her are) totally useless academic courses so that she could get a (to her) totally useless piece of paper (diploma). Can't do life skills as credits, huh?

Knowledge IS power. So now our challenge, as parents, is to actually find and use those documents in our dealings with our children's schools and school boards. I just did some of the leg work for you ... now it's your turn!

Financial and Estate Planning Tool

We've talked at length, on various occasions, about the challenges involved in planning for your child's future security, be it personal or financial.

In that vein, although no longer exactly *new*, I've been meaning to share NBACL's financial and estate planning resource.

From Ken Pike, NBACL Director of Social Policy:

There are many issue to consider when making financial and estate plans for your family member with a disability. NBACL's new online resource, Financial and Estate Planning for a Family Member with a Disability, provides information on a number of important topics as well as links to other resources that may be useful. The on-line module has information about

• The key elements of good financial planning;
• The tax system, including credits, benefits and deductions relevant to people with disabilities and their families;
• Registered Disability Savings Plans;
• Estate planning considerations and options for a family member with a disability;
• Establishing a financial trust for a loved one with a disability;
• The impact of provincial social assistance laws and rules on financial and estate planning [See Below]; and
• Planning for a home for a family member with a disability.

The module also contains a series of family financial and estate planning scenarios that offer some guidance from a qualified financial planner and a lawyer that address the situations presented.

As Ken notes, although the law in this area is often changing, NBACL has committed itself to keeping the information current.

Which is where the one BIG CAVEAT comes in - the site is based on New Brunswick law, not Nova Scotia law.

Although, fortunately, that is not quite as big of a problem as you might first think as, in many respects, the law is similar in both provinces around these issues. However, one area where the law does substantially differ between the provinces is how income* and assets* are treated with regard to social assistance payments.

Speaking of which, it's essential to remember that in Nova Scotia any trust you create for a loved one with a disability must be a so-called "Henson Trust" (referred to in the NB Resource as an  absolute discretionary trust) in order to ensure that social assistance payments are not affected.

* NOTE: Although you can find the Employment Support and Income Assistance policy manual here, I would strongly suggest that you always double check what you read in any policy document to make sure it complies with the regulations made under the applicable Act.