Federal Mandates & Guidelines

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It is important to understand the federal regulations that protect the rights of individuals with disabilities, including ASD, across settings. Below is information about national laws pertaining to individuals’ access to education, employment, and other essential aspects of their lives.

What Federal Laws are in Place to Ensure the Rights of Individuals with ASD?

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, or ADA, is legislation passed in 1990 that prohibits the discrimination of individuals with disabilities on the basis of disability in relation to employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.  In order to be protected by the ADA, a person must have a disability or have an association with an individual with a disability. An individual with a disability is defined by the ADA as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment”. The ADA does not specifically name all of the impairments that are covered. ADA covers all individuals with disabilities, including students. For full text of the law, visit https://www.ada.gov/ada_intro.htm.

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Individuals with Disabilities Education Improvement Act ( IDEA or IDEIA)

The Individuals with Disabilities Education Improvement Act (commonly referred to as IDEA or IDEIA) is federal legislation overseeing special education for students with disabilities, which requires states to develop and offer multidisciplinary service to eligible children from birth to age 21. IDEIA guarantees free and appropriate public education (FAPE) that emphasizes special education and related services to all students with a disability, including ASD.

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Section 504

Commonly referred to simply as “504,” Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law, similar to the ADA, that prohibits discrimination against an individual with disabilities on the basis of disability. The legislation covers individuals who receive services from federally funded programs and institutions, such as schools and government agencies. All public schools, and private schools that receive federal funds, are required to comply with Section 504. Individuals who may not qualify for an IEP may qualify for rights and services under Section 504 and have a 504 Plan. Section 504 covers all students with disabilities, including those with ASD. For the full text of the section, visit https://www.dol.gov/oasam/regs/statutes/sec504.htm.

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Workforce Innovation and Opportunity Act (WIOA)

The Workforce Innovation and Opportunity Act (WIOA) is a federal initiative by the United States Department of Labor designed to offer supports for youth and adults with significant barriers to employment, including disabilities, to access and gain high-quality employment. For full text of the law, visit https://www.doleta.gov/wioa/.

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Additional Resources

References

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New Star Services Innovative Pilot Project Shared Living Companion Model

During our September 2023 quarterly IIACC meeting, Kara Pierce, Director of Indiana Services for New Star, presented about their Innovative Pilot Project. Their project is focused on creating a shared living model that can be easily replicated throughout Indiana and replace the current Structured Family Caregiving model. Learn more about their Innovative Pilot Project by watching the recording of the presentation below

New Star Services Indiana Programming

  • Residential Habilitation and Support
  • Community Based Habilitation
  • Respite
  • Family and Caregiver Training
  • Supported Employment Follow Along
  • Workplace Assistance
  • Transportation
  • Community Transition
  • PAC Services

Contact Information

Email: kpierce@newstarservices.org

Phone: (219) 440-7430

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Residential Options and Homelessness

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Adults with ASD often need different types of support compared to those needed during their school years. After leaving high school and entering adulthood, individuals with ASD and their families may begin considering options for independent living, employment, and community-based services. Indiana offers a number of supports and resources for individuals with ASD to ensure they continue to receive the services they need throughout their lifespan and are able to lead happy, successful lives.

More videos available at http://www.autismhousingnetwork.org/education/virtual-tour-housing-options/

What residential options are available for adults with ASD?

Many adults with ASD are able to live independently, either on their own, with a roommate, or with a significant other. Adults with ASD have the same rights as other adults to buy or rent a house, apartment, room, or other type of home. However, their ability to do so depends on their particular abilities and desires. Families may consider a number of other community-based residential service options if an individual is unable to live entirely independently:

  • Supported living: An option in which personalized supports offered to individuals in their own home by a caregiver working under the direction of the individual.
  • Supervised living: An option in which more intensive, structured services and supports are available to an individual in his or her own home 24 hours a day.
  • Group home living: A common residential option in which individuals live together with several other (unrelated) individuals and receive support from onsite staff 24 hours a day, 7 days a week. A provider agency generally owns these types of facilities and supervises the support staff serving the individuals who live there.
  • Group living/ownership: A cooperative option in which individuals live with others in a home owned by a cooperative of individuals or families who employ caregivers to provide supports to the residents as needed.
  • Assisted living facilities: A facility-based option in which individuals live in a designated community with professional staff to provide assistance with personal care and daily living activities such as bathing, eating, and sometimes medication.
  • Institutional residency: An option generally utilized by individuals with more intensive needs or challenges in which facility staff provide continuous supports related to all aspects of an individual’s life.

After determining the most appropriate residential option, families and individuals should also consider how it will be funded. Some families may be able to afford self-funded housing, while others may benefit from funding assistance from provider agencies. Government agencies, such as the Indiana Family and Social Services Administration Division of Disability and Rehabilitative Services (DDRS) provide assistance and information related to Medicaid waiver-based funding for a variety of supported and independent living options.

In addition, Autism Speaks offers a number of resources related to housing and community living, including a tool kit designed to assist families with identifying and obtaining residential supports and services and a catalog of residential services across the country. Similarly, the Autism Resource Network of Indiana (ARNI) maintains a valuable database of available supports in Indiana.

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What is supported living?

Supported living is a term used to describe supports and services provided in an individual’s own home. These supports are based on the individual’s specific needs and preferences, helping the individual to thrive within his or her own community rather than living in a residential facility or institution. For more information about available support living services across the state, including funding options to access these services, contact the Indiana Family and Social Services Administration Division of Disability and Rehabilitative Services (DDRS).

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Issues of Homelessness

Available Resources

References

College & Vocational Training

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As an individual prepares for his/her transition from school to adult life, putting a plan into place will assist in a seamless and successful transition.  While a child can receive educational services through age 21, a transition plan should be discussed by age 14.

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When Should Planning for Transition out of School into Adult Life Occur?

A transition IEP’s main focus is to develop a plan to help the student move from high school to adult life. Caregivers should be discussing transition with school and therapeutic supports around the age of 14 years (in Indiana) and the student should be included in IEP meetings by this point. Caregivers should begin seeking a lawyer to assist with guardianship (if needed) and trust/estate planning around this time. Guardianship should be filed on the child’s 18th birthday.

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What Considerations Should be Made when Choosing Post-secondary Education or Employment Options?

  • What does the individual want?
  • What are the individual’s cognitive abilities?
  • What are the individual’s physical abilities?
  • What will allow the individual to be most successful and/or independent?

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How Can I Help Prepare my Child with ASD for College or Other Post-secondary Education?

Whether in middle or high school, if an IDEA-eligible student is planning to attend college, there are a number of critical steps to be taken to become college-ready. Early in the transition process, a student is encouraged to:

  • Take interesting and challenging courses that prepare him or her for college;
  • Be involved in school or community-based activities that allow him or her to explore career interests, including work-based learning or internship opportunities;
  • Meet with school guidance counselors to discuss career goals, such as vocational and educational goals, programs of study, college requirements, including the admissions process and any standardized tests required for admission; and
  • Be an active participant during the IEP meetings.

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Additional Resources

References

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