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<blockquote data-quote="Martie" data-source="post: 53981" data-attributes="member: 284"><p>One more thing!!!!!</p><p></p><p>Rights to decide about her education will transfer to Kanga when she is 18. WE can't cope with SD tactics, so how can an 18 y.o. with a disability???? I think this feature was put into the law for nefarious reasons.</p><p></p><p>What you will need to continue to advocate for her is for Kanga to transfer her rights to make educational decisions back to you (through a limited power of attorney) the day she turns 18. If the SD cries, "foul," then they reveal their true intentions in my opinion.</p><p></p><p>Legally, the SD cannot have it both ways: if an 18 year old is "competent" to make educational decisions, then the same 18 year old is competent to give power of attorney to anyone. This alone is a scary thought. In reality, the problems is that uncooperative difficult children with behavior problems do not operate in their own interest in regard to school, and WON'T give POA to the parent. How many of us could have negotiated with a SD at 18?</p><p></p><p>The only other alternative is to seek limited guardianship, and that is not appropriate for almost all of the kids of parents on this board.</p><p></p><p>It's a tough situation but forewarned is forearmed. I lucked out bec. by the time ex-difficult child got back from EGBS, he really saw the SD for what it was--trying to hurt him, push him out, all the perjury at due process, etc. and this stuff really offended him. Also, his b'day helped make it a non-problem because he turned 18 in May of his senior year, and it was appropriate for him to graduate with his original class. I THINK he would have given me POA if a 5th year had been a good plan, but I am not sure of that----giving up rights just "attained" is a hard thing to get any 18 year old to do.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 53981, member: 284"] One more thing!!!!! Rights to decide about her education will transfer to Kanga when she is 18. WE can't cope with SD tactics, so how can an 18 y.o. with a disability???? I think this feature was put into the law for nefarious reasons. What you will need to continue to advocate for her is for Kanga to transfer her rights to make educational decisions back to you (through a limited power of attorney) the day she turns 18. If the SD cries, "foul," then they reveal their true intentions in my opinion. Legally, the SD cannot have it both ways: if an 18 year old is "competent" to make educational decisions, then the same 18 year old is competent to give power of attorney to anyone. This alone is a scary thought. In reality, the problems is that uncooperative difficult children with behavior problems do not operate in their own interest in regard to school, and WON'T give POA to the parent. How many of us could have negotiated with a SD at 18? The only other alternative is to seek limited guardianship, and that is not appropriate for almost all of the kids of parents on this board. It's a tough situation but forewarned is forearmed. I lucked out bec. by the time ex-difficult child got back from EGBS, he really saw the SD for what it was--trying to hurt him, push him out, all the perjury at due process, etc. and this stuff really offended him. Also, his b'day helped make it a non-problem because he turned 18 in May of his senior year, and it was appropriate for him to graduate with his original class. I THINK he would have given me POA if a 5th year had been a good plan, but I am not sure of that----giving up rights just "attained" is a hard thing to get any 18 year old to do. Martie [/QUOTE]
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