A guide for families: before a committee, before a court

Two situations in which families feel that decisions are made about them without asking them: a special education eligibility committee, and guardianship proceedings. What is worth knowing, and what to prepare.

Special education eligibility and placement committee

The committee decides whether a child is eligible for special education services and what their functional profile is. The type and extent of support follow from that profile. Since Amendment 11 to the Special Education Law, parents choose the type of setting, inclusion in a regular class or a special education setting, from the options the child is eligible for.

What to prepare before the committee

Ask in advance for all the material the committee will discuss, and read it carefully.
Write one page of your own about your child: what works for them, where they struggle day to day, and what actually helps.
Attach up-to-date documents, and mark what you want the committee to see.
Come with someone to accompany you, and if needed, a professional on your behalf.
For every decision, ask what the reason is, and ask for the reason to be written in the minutes.

If you disagree with the decision, you can appeal to an appeals committee. A professional opinion that describes how the child actually functions, and not only the diagnosis, is often what changes the picture.

Before guardianship proceedings

Amendment 18 to the Legal Capacity and Guardianship Law changed the starting point: before a guardian is appointed, alternatives that restrict the person less must be considered. Guardianship is the last resort, and it can be limited to specific areas rather than all areas of life.

Alternatives worth knowing

A supporter in decision-making: a person who helps make decisions, explains and accompanies, while the decision remains the person’s own.
A lasting power of attorney: a document a person signs in advance, appointing someone to decide on their behalf if in the future they cannot.
Partial guardianship: for a specific matter, such as property or medical care, rather than all areas of life.

What to document before the proceedings

How the person makes everyday decisions today, and with what support.
Which decisions exactly need to be made now: money, housing, medical care.
What the person themselves wants, and how they express it. The court needs to hear their position.

The Legal Aid department of the Ministry of Justice represents people in guardianship proceedings free of charge, subject to its criteria. The Administrator General provides information and advice to guardians and families.

When a professional opinion helps

When family members, the care setting or the other side disagree about what is good for the person.
When the documents in the file describe a diagnosis, but not how the person actually functions.
When you want to present a less restrictive alternative to the court or committee, and show that it is workable.

Not sure whether this applies to you? An introductory call of up to 20 minutes, free and without obligation.

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This guide is general information and not legal advice. In any proceeding, consult a lawyer or Legal Aid.

Dr. Alon Zamir · Jerusalem · Main site (Hebrew)