Legal and Medical Checklist for College

A family member recently reached out for help; her 18-year-old daughter is leaving for college at the end of August and she wanted to know if there were any documents she should have her daughter sign that would make both day-to-day and emergency situations easier for them both. In addition, the family lives in one state and the college is located in another. She wasn't sure if that made any difference. I've always know that this mom was a smart woman, and her excellent questions and concerns just confirmed that. This is what I advised:

HIPAA
The federal law governing privacy of medical records applies in all states and would mean that the medical records of this college freshman would not be accessible to her parents. In addition, the student's doctors could not discuss her medical condition with her parents, even in an emergency. I suggested that the parents speak to the young woman and that they should discuss the benefits (and privacy concerns) of having her execute a general HIPAA Release Form allowing her doctors to speak with her parents. In addition, many student health services have their own forms and, if the student agrees, she should execute that form as well.

FERPA
While we are on the subject of federal laws, FERPA, which protects the privacy of student records, gives students over 18 and those in college the sole right to their educational records. As we noted in a post back in 2010  (it's sometimes hard to believe we have been blogging for ten years and have posted almost 1100 blog posts!) FERPA has numerous exceptions, but we advised that our family member should have her daughter execute a FERPA release form (often available at the office that generates student grades/records) to allow her parents to access her educational records. In addition, students who are registered with their campus Office of Disability Services should check to see if there is a separate form that is used by that office.

HEALTH CARE PROXY 
This form, which can have different names in different jurisdictions, would allow the student's parents (or anyone else she designates) to make medical decisions when she is not able to do so. This is different than just medical information (covered by the HIPAA release) but is used for such serious situations as where someone is unconscious or so ill or injured that issues of life support come into play. I urged that the parents and student have a serous conversation about this form and that all involved understand its purpose and the wishes of the student executing it. Sometimes, this form is prepared in connection with a document called a Living Will, which is a written expression of how the party executing it feels about issues like artificial respiration and tube feeding. Note that this latter document is advisory, while the Health Care Proxy is a binding authority. Different states have different forms for this document, so I suggested to my relative that she search online for forms from reputable sources in each relevant state and make sure that the form they use covers the requirements for both state of residence and the state where the college is located. In general, these forms need to be witnessed. A form from the New York State Department of Health, fillable  and with a lengthy Q and A section, is available online.

This forms above will be sufficient for most situations, but some families also may choose to have their student execute a Durable Power of Attorney, a form that allows the person who signs it (here, the student) to give someone authority during the signer's lifetime to handle financial, business, banking, and other matters. The form can be useful if the student has assets or an interest in property. Different states use different forms and these forms can be a bit confusing to create. You may want to speak to an attorney if your family circumstances warrant creating this document. Likewise, most students this age neither need nor have a Last Will and Testament, but special situations may make this document important and now would be a good time to have one prepared by an attorney.

With all the paperwork completed, students and their families can concentrate on much more enjoyable issues, like decorating their dorm room, meeting new roommates, and hitting the college store for their stock of mugs, banners, and t-shirts. Here's to a great start to college!

Getting Back to Work and School

While it is still July and summer has weeks more to run, in many parts of the country, school begins by mid to late August. Your blogger has just returned from a couple of weeks of castles, cobblestones, and cake and, like many other adults going back to work after vacation, returning to the office took some determination.

For kids of all ages, returning to school after summer vacation requires some adjustment. By beginning a few weeks before the first day of school, parents can help smooth the transition from vacation mode to the early rising and more structured days once school starts. There are important ways to make the first day back to school less stressful for everyone.

• Clearing Out Last Year's Backpack

Way too often, kids toss their backpack in the corner of their rooms as they come home from the last day of school, often leaving them untouched all summer. If you haven't done so yet, now is a good time to work with your child to locate and unpack this bag. Much of the contents can be tossed -- into the trash or the washer -- but there may be important papers that should be retained as well as information about summer assignments that will be due in the fall. And you may want to check out this guide from our colleagues at The American Academy of Pediatrics to selecting a new backpack.

•  Summer Assignments

Most children have some kind of assignment to complete over the summer: a list of books to read, perhaps a book report to prepare, or even a longer report to hand in when school begins. The due date for these assignments seems far away in June, but leaving them to the days before school begins inevitably results in crisis mode. By locating these assignments (see the first item above) and getting started on them reasonably in advance, they can be completed slowly and carefully over the course of several weeks and families can avoid havoc the night before classes begin.

• Sleep

We've written before on the importance of easing into a school-year sleep schedule and how it needs to be done gradually. This is especially important when students have had few, if any, limits on their schedule during the summer months or when they are moving to a new school where their start time will be significantly earlier than it has been in past years. Teens, in particular, need far more sleep than most regularly get, and lack of sleep can have an impact on school performance.

• For Children with IEPs

Parents of children with IEPs or 504 Plans should take time over the summer to review these documents, making sure that they (and their older children) know what services, modifications, and accommodations they provide. Sometimes, these can fall by the wayside with new teachers or new schools. It's reasonable to give schools a week or two to put services in place, but not much longer. As we have written before, if your summer includes a move to a new school, school district, or even a new state, you should be aware of your rights with respect to your child's IEP. 

• Time to Get Comfortable

Summer is also the time to make sure your child is familiar with the route to school, or the bus stop. If he or she will be attending a new school, they may have had a tour before the last school year ended. If not, try to visit the school at least a few days before it opens. Going to a new place can be scary for anyone, especially children. The more comfortable they are with the school and the routine, the easier things will be when classes begin. 

Keep in mind, that there still are a number of weeks of summer fun ahead, and these tips aren't meant to cut them short. But, by doing some planning while summer is still in full swing, the end of the season will be a bit easier for children and parents alike.

Summer Subjects

We've noted before that the questions that families ask us tend to come in bunches. Many of them are seasonal, and lately we have been asked lots of questions that relate to changes that families may make over the summer and to summer activities. We thought these might be of general interest, so are sharing them with our readers.

Moving

For many families, summer is the ideal time to move. There will be less disruption in school and by the time the new school year begins, everyone will be unpacked and ready to roll. But what about families where children have IEPs? These have been worked out with the student's current school. But how does a child get an IEP by the time classes start in her new school?

Fortunately, the Individuals with Disabilities Education Act (IDEA) sets out very specific rules for all kinds of moves -- to a new school within the same district, to a new district, or even to a different state. You can read one of our prior blogs- What Happens to My Child's IEP When We Move? to learn the details that may apply to your family. 

College Road Trip

Back in 2010, we wrote about a summer activity for many families whose children are approaching college age -- the College Road Trip. Take a look at our timeless suggestions for ways to get the most out of your travels to college campuses. And remember, even if your trip isn't focused on visiting colleges, any road trip can include a stop at a local campus, even if it is not somewhere your student plans to apply. Seeing a variety of campuses helps give context to what different schools look and feel like. 

Summer Vacation

We also have suggestions for Making the Most of Summer Vacation, tips like how to get ready for a new school, ways to keep skills fresh, and how to handle summer assignments. [Hint: don't wait for the last minute!]

Summer Skills Building

We've also got tips for ways to use the summer break to build vocabulary skills, phonics, and to improve math skills with a tool called Dreambox. 

Sun Safety

Finally, we have suggestions on keeping kids safe in the summer sun. It's not always easy to get children to use sunscreen or to cover up, but the evidence is overwhelming about the dangers of too much sun exposure over time. 

So, enjoy your summer, which is flying along way too quickly!