JANUARY 2025
Recent Posts
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Brothers Henderson Durkin, P.S. proudly announces the promotion of Katie Marrs and Amy Spitzer to partners, recognizing two outstanding attorneys whose leadership, judgment, and dedication to clients exemplify our values. Both Katie and Amy have become trusted leaders within the firm distinguishing themselves through exceptional client service, practice area knowledge, and leadership within the elder law, disability, guardianship, and healthcare communities. Their advancement strengthens our management team and reflects our long-standing commitment to compassionate, high-quality representation. “We are delighted to promote Katie and Amy to partners of the firm,” said named partners Joshua Brothers, Christopher Henderson, and Katrina Durkin in a joint statement. “Both are leaders in disability and elder law and have earned the trust and respect of clients and colleagues alike. As partners, they will continue delivering exceptional client service while taking on expanded leadership roles guiding the firm’s growth and mentoring the next generation of attorneys.”
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Students with disabilities in Washington state have legal protections when facing disciplinary action. These protections ensure fair treatment and prevent discrimination. Schools must follow federal and state laws to safeguard the educational rights of students with disabilities. If your child with special needs is facing suspension or expulsion, it is important to know how you can advocate for their rights. How IDEA protects students with disabilities The Individuals with Disabilities Education Act (IDEA) outlines specific procedures schools must follow. When a student with a disability faces a suspension or expulsion that lasts more than ten school days, schools must conduct a manifestation determination review (MDR). This review examines the relationship between the student’s disability and the behavior in question. During the MDR process, a team reviews the student’s Individualized Education Program (IEP). This team includes parents, educators and other professionals. They will work to answer two important questions: Was the behavior caused by, or directly related to, the student’s disability? Did the school’s failure to implement the IEP contribute to the behavior? If the team determines that the behavior resulted from the student’s disability or a failure to follow the IEP, the school cannot proceed with the suspension or expulsion. Instead, the school must develop or modify the student’s behavior intervention plan and work to prevent future incidents. When disciplinary action is admissible If the behavior was not related to the disability, the school may apply the same disciplinary actions used for other students. However, the school must still provide educational services to the student during the suspension or expulsion period. These services allow the student to continue progressing in the general education curriculum and working on IEP goals. Families play a valuable role in advocating for their child’s rights during the disciplinary process. They can request an independent evaluation or additional meetings if they disagree with the MDR’s findings. These protections ensure equal opportunity in special education , even when facing disciplinary challenges.
Setting up a special needs trust is a critical step in securing the financial future of a loved one with disabilities. Avoiding these common mistakes ensures that a special needs trust provides long-term support without jeopardizing government benefits. Careful planning and professional guidance help families secure their loved one’s financial future. 1. Failing to choose the right type of trust Many people make the mistake of choosing the wrong type of trust. Special needs trusts come in two main types: first-party and third-party trusts. The beneficiary’s assets fund a first-party trust, while parents or relatives fund a third-party trust. Selecting the wrong type directly impacts eligibility for government benefits. 2. Naming an unsuitable trustee Selecting the wrong trustee can lead to mismanagement of trust assets. The trustee should have financial knowledge, understand government benefit rules, and act in the best interests of the beneficiary. Many families benefit from using a professional trustee or co-trustees to ensure proper administration. 3. Failing to fund the trust properly Setting up a trust but not funding it is a costly mistake. Ensure that assets intended for the beneficiary, such as life insurance or inheritance, are directed to the trust. Avoid giving assets directly to the beneficiary, as this could disqualify them from receiving government benefits. 4. Ignoring the impact of government benefits A special needs trust must be structured to maintain the beneficiary’s eligibility for programs like Supplemental Security Income (SSI) and Medicaid. Mismanaging the trust or failing to follow the rules can result in a loss of these critical benefits. Working with a knowledgeable attorney can help avoid these issues. 5. Neglecting regular updates Family and financial situations and the law change over time. Failing to update the trust to reflect these changes can create problems for the beneficiary. Regularly review the trust to ensure it meets current needs and complies with evolving laws.
