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tional training, medical treatment, and participation in contracts (Lisi et al.). It is important to emphasize that legislation, which is created by each state, has differing levels and scope of guardianship. It might be expected, <strong>the</strong>refore, that individuals who exhibit few if any self-determination skills would need a full (plenary) guardian to make <strong>the</strong> majority or all decisions for <strong>the</strong>ir ward, in contrast to individuals displaying some selfdetermination skills who would be appointed a limited guardian to make decisions on specific issues (e.g., financial decisions) (Stancliffe, Abery, Springborg, & Elkin, 2000). It may also be expected that an individual who does not need or have a guardian exhibits self-determination skills. Essentially, individuals who have a full or partial guardian could be perceived as having no or limited capability to provide informed consent or to exercise control over <strong>the</strong>ir life in comparison to persons without guardians (Abery & Stancliffe, 1996). Interestingly, <strong>the</strong> research on <strong>the</strong> extent to which guardian appointments impact self-determination is limited, and in many instances dated. In one topic related study, Lindsey and Luckasson (1991) suggested that service providers frequently allowed or encouraged family members to make decisions as if <strong>the</strong>y were <strong>the</strong> guardian for an individual with a disability who did not legally have one appointed. This suggests that some equate disability with incompetence and limited ability. In ano<strong>the</strong>r study, Lindsey (1994) evaluated 69 adults, who had developmental disabilities capacity to give informed consent to community residential placements. In this study, it was found that <strong>the</strong>re were no significant differences regarding <strong>the</strong> ability to give informed consent between individuals who ei<strong>the</strong>r had or did not have a court appointed guardian. This brings to question <strong>the</strong> need of legal guardian appointments. In a more recent study, Stancliffe, et al. (2000) attempted to compare self-determination competencies demonstrated by adults with disabilities by using results from self-determination related scales completed by residential agency care providers. Stancliffe et al. anticipated that adults with disabilities who had no guardian would be perceived as exhibiting more self-determination competencies and control over <strong>the</strong>ir lives in comparison to 280 / Education and Training in Developmental Disabilities-September 2008 <strong>the</strong>ir peers who had guardians. Findings revealed that <strong>the</strong> level of personal control exhibited by 76 adults (ages ranging between 20.8 to 71.7, with <strong>the</strong> average age of 37.3, sd 11.6; full IQ mean scores ranging from 42.3 to 62.6) who did not have guardians were perceived by agency personnel as higher than those individuals who had ei<strong>the</strong>r partial or full guardians. The authors concluded that <strong>the</strong>ir findings “provide objective evidence that individuals with less restrictive substitute decisionmaking arrangements actually do exercise greater control over <strong>the</strong>ir lives.” (p. 417). Given <strong>the</strong> findings of <strong>the</strong> studies noted above, it is clear that more research is necessary that examines <strong>the</strong> complexity of guardianship. Fur<strong>the</strong>r, when considering IDEA, and <strong>the</strong> impact guardian appointments may or may not have on <strong>the</strong> rights of individuals, it is clear that research in <strong>the</strong> area of guardianship and its impact on self-determination is needed, particularly with respect to school-aged adults who have disabilities. Interestingly, <strong>the</strong> relationship has been rarely been examined. Within <strong>the</strong> last 10 years, Millar, and colleague, (Millar & Renzaglia, 2002; Millar, 2003) conducted studies that investigated guardianship in relation to young adults who had developmental disabilities that were in <strong>the</strong> transition phase of <strong>the</strong>ir education. By reviewing over 220 guardianship court files, it was found that guardians, as stated on court petition forms most often completed by parents, were needed because <strong>the</strong> student (a) reached <strong>the</strong> age of majority (18 years of age), and (b) had limited or no ability to make decisions. It was also found that <strong>the</strong> evidence used to “prove” “incompetence” was unclear, and that in 100% of <strong>the</strong> cases a guardian (most often a parent) was appointed. Review of annual reports submitted to courts by guardians found that <strong>the</strong> majority of wards’ “conditions” of “having limited or no capacity to make decisions” reportedly remained unchanged following guardian appointments. In a related investigation, Millar (2007) conducted focus groups with secondary special education teachers, parents (both who were legal guardians and who were not), and young adults with disabilities (both who had legal guardians and who did not) to determine <strong>the</strong>ir knowledge of guardianship and self-determination. It was learned that <strong>the</strong> par-
ticipants (a) believed <strong>the</strong>y exhibited/promoted self-determination; (b) did not recognize a disconnect between self-determination and guardianship; and (c) had limited understanding of guardianship and its alternatives. Ano<strong>the</strong>r finding was that when asked how families first learned about guardianship, students and parents shared that it was at an IEP. They shared that a teacher asked “Do you have a guardian?” when it came to that section on <strong>the</strong> IEP form. From that point, parents went to court because <strong>the</strong>y thought <strong>the</strong>y were supposed to do it and began <strong>the</strong> guardianship proceedings without truly understanding what guardian appointments entailed. Parents also reported that <strong>the</strong>y found it devastating to state <strong>the</strong>ir son or daughter was incompetent to make decisions. In hindsight, <strong>the</strong>se parents questioned whe<strong>the</strong>r a guardian was actually needed. Based on a review of guardianship and selfdetermination literature, it was learned that <strong>the</strong>re has not been a study that addressed why some school-aged young adults with developmental disabilities do not have a guardian appointed, while o<strong>the</strong>rs do. This current study, <strong>the</strong>refore, builds on <strong>the</strong> previous work as it provides an understanding of <strong>the</strong> experiences students and families encounter at <strong>the</strong> time students with developmental disabilities reach <strong>the</strong> age of majority and guardianship is considered. In a addition, a purpose of this study was to examine why or why not parents elected to become guardians, as well as examine expectations that those with a full guardian were less likely to be self-determined and experience personal control than those with no guardian. Ultimately, it was hoped that through a case study approach, an in-depth view to guardianship and self-determination would lead to increased awareness as to what guardianship is really about, and <strong>the</strong> extent to which a guardian impacts a young adult’s life. This is <strong>the</strong> first known study that explores how families, with young adults with similar educational experiences and special education school labels, came to very different conclusions about guardianship when <strong>the</strong>y attended an Individualized Education Program meeting (IEP) and it was time for <strong>the</strong> parents’ rights to potentially transfer to <strong>the</strong>ir adult child. Method Participants and Settings Kevin and Jack, both 21 years of age, were purposively identified for this study as <strong>the</strong>y both (a) had <strong>the</strong> special education eligibility label of “moderately cognitively impaired” based on results from IQ assessments, adaptive behavior scores, and onset of <strong>the</strong> disability; (b) were over <strong>the</strong> age of 18; (c) were eligible for services including vocational rehabilitation, social security income, Medicaid, Department of Mental Health - Services of People with Developmental Disabilities (DMH); and (d) had high levels of parental involvement. One essential criteria was that one individual (Jack) had a full (plenary) guardian, while one (Kevin) did not. The two young men lived in <strong>the</strong> same community, attended <strong>the</strong> same high school, and had <strong>the</strong> same teachers throughout most of <strong>the</strong>ir schooling. Essentially, <strong>the</strong>se two young men had grown up toge<strong>the</strong>r, via <strong>the</strong>ir special education, since <strong>the</strong> age of four. The suburban community where Kevin and Jack lived had a population of over 40,000. The high school enrollment approximated 500, where 90% of <strong>the</strong> student body was Caucasian. The school district had a solid reputation for preparing students for college, and also had a reputation across <strong>the</strong> region and state for promoting supported community living and job experiences for individuals who had developmental disabilities. The school’s curriculum emphasis was on <strong>the</strong> expanded development of Kevin’s and Jack’s life skills (e.g., cooking, cleaning, money use) and vocational training. Particular emphasis was placed on teaching <strong>the</strong>m to fur<strong>the</strong>r develop <strong>the</strong>ir self-advocacy and o<strong>the</strong>r related self-determination skills. At <strong>the</strong> time <strong>the</strong> study began, both were in <strong>the</strong>ir last year of public schooling where <strong>the</strong>y attended school for two to three hours a day, <strong>the</strong>n were in <strong>the</strong> community – ei<strong>the</strong>r working or recreating. Both young men, and <strong>the</strong>ir parents, had opportunities for becoming aware of <strong>the</strong> various transition services available during and after high school graduation. Opportunities to explore various jobs, options, and agency services were available to Kevin and Jack, as <strong>the</strong>y were for all students who received special Self-Determination and Guardianship / 281
Page 1 and 2: Education and Training in Developme
Page 7: Self-Determination in Relation to H
Page 11 and 12: Field notes were used to document <
Page 13 and 14: ling information, medical history a
Page 15 and 16: Home. Jack lived with his mo<strong
Page 17 and 18: we felt strongly that we needed inf
Page 19 and 20: literature, mostly to do with <stro
Page 21 and 22: tion? The national consumer survey.
Page 23 and 24: Figure 1. Proposed intersection of
Page 25 and 26: teaching in each program for five y
Page 27 and 28: also used to support and challenge
Page 29 and 30: Despite Paula’s description of an
Page 31 and 32: The paraprofessionals at Harborvill
Page 33 and 34: Figure 2. Resultant intersection of
Page 35 and 36: learning opportunities relevant to
Page 37 and 38: Bouck, E. C. (2005). Service delive
Page 39 and 40: Thirty Year Review of Safety Skill
Page 41 and 42: TABLE 1 Safety Skill Studies Refere
Page 43 and 44: TABLE 1—(Continued) Reference Par
Page 45 and 46: found differences only in efficienc
Page 47 and 48: skill for integrating persons with
Page 49 and 50: treatment of a burn) may take sever
Page 51 and 52: created video programs to teach stu
Page 53 and 54: and on-schedule behavior and decrea
Page 55 and 56: TABLE 1—(Continued) Author(s) Mor
Page 57 and 58: trums, aggression) in a four-year-o
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(Quill, 1995). Furthe</stro
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following picture prompt training.
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medication, for example anticonvuls
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TABLE 1 Number of Facilities That U
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Snoezelen on a variety of behaviors
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Kapell, D., Nightingale, B., Rodrig
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ity being on the c
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communication turns (i.e., initiati
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Definitions of Target Behaviors and
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student gave the p
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Figure 2. Bob’s performance data.
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contact increased 41% from baseline
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Figure 5. Eric’s performance data
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Figure 6. Jen’s performance data.
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to students with severe disabilitie
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The use of arm splints has been suc
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Figure 1. Intervention results for
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sions, he engaged in hand mouthing
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Effects of a Reciprocal Questioning
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4-45). Because the
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TABLE 2 Codes of Student Question G
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TABLE 3 Examples of Elements of a S
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Figure 2. Self-monitoring checklist
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TABLE 4 Example Question Words, Thi
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Figure 4. Frequency of prompted and
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Figure 5. Frequency of unprompted s
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their children to
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and lack of random selection makes
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prehension-monitoring activities. C
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all three participants who passed b
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TABLE 2 Leisure Activities Used in
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papers were removed and the
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was 68% (range 42% to 83%). In <str
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Teaching Test-taking Strategies to
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ing experiences beginning at <stron
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short essay question. Items were ei
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plication of the t
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Figure 2. Percent correct on <stron
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aseline probes, data were highly va
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