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Volume 4 - Number 6                                                                    July 2010 
In This Issue
Florida to Pay for Pre-K Private Therapies
News from Special Ed Connection
Back to School Sales Tax Holiday
Judge Orders State of Florida to Provide Community Services to Woman at Risk of Institutionalization
Suicide Prevention
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Spotlight

On Saturday, November 6th, 2010 Parent to Parent of Miami will host the 6th Annual Journey of Dreams Benefit and will honor community members whose vision, leadership, and perseverance have significantly contributed to improving lives of children and adults with disabilities and their families. We believe that families are able to sustain their own hope and perseverance - knowing that so many others are working diligently to help transform their dreams for a better future into a reality.


Parent to Parent of Miami Congratulates
our 2010 Journey of Dreams Benefit Honorees!


Michael Alessandri, Excellence in Family Advocacy Award
John Paul Jebian, Education Leadership Award
Larry Forman, Community Leadership Award

Education
Breaking News from the "Making School Work" E-Newsletter - Florida to Pay for Private Pre-K Therapies

 

By Allison Hertog, Esq., M.A.


Governor Crist signed into law what appears to be an extraordinary program for disabled prekindergarten children beginning with the 2012-13 school year. The details are not clear yet, but here's the deal in brief.

If your disabled child will be 4 years old by September 1, 2012 and he or she gets an Individualized Education Plan ("IEP"), which includes "specialized instructional services" (For example, ABA therapy, speech-language therapy, occupational therapy), Florida will reimburse the private therapy provider for a set number of therapy hours.  In other words, beginning in 2012 the State of Florida will reimburse certain therapists for a certain number of services provided to your 4 year old until he or she turns five years old. It appears to be a kind of Florida special needs voucher program for PreK kids.  It looks like a parent whose 4 year old has an IEP authorizing therapy services will be able to approach a private therapist and get those services without paying for them - the State will reimburse the therapist for their services.  This is truly a revolutionary change in Florida - if it works out as planned, of course.

What this new law is not:  It does not allow your child in the Florida Voluntary Prekindergarten program to use the Mckay Scholarship to pay for private school beginning in kindergarten even if he or she gets an IEP at the end of their PreK year.  If does not go into effect until the 2012-13 school year,  It does not appear to allow a PreK student to enroll in a PreK special education class AND get therapies under this program - it's one or the other.  It will not allow a PreK disabled child to get unlimited therapy hours from any provider - the number of therapy hours will be capped and the providers will be on a State-approved list.

Join the "Making School Work" E-Newsletter HERE


 

Avoid these 3 excuses when refusing to provide special ed services


"We cannot provide speech services because of staff vacancies." "District policy prevents us from including tutoring services in 504 plans." "Because Section 504 is an unfunded mandate, we do not have money for an FM receiver." Statements and practices similar to these are not uncommon, even though they can lead to a denial of FAPE under Section 504. Share with staff members lessons learned from three cases that illustrate why you should avoid blaming service refusals on these excuses. For instance, a North Carolina district had to provide compensatory services to a student with autism after it failed to provide speech language services for two years. Wilson County (NC) Schs., 54 IDELR 33 (OCR 2009). The district here said it could not find a person to provide the service for one year and had to cancel the contract with a provider the next year because she failed to provide services. Take preemptive steps to help your district avoid a similar outcome. To start, ratchet up recruitment of speech pathologists and other hard-to-find service providers. Also, if staff shortages become a problem, put parents on notice and plan how you will offer compensatory services. Read about two other excuses to avoid and access the SmartStart: Related Services on Special Ed Connection�. For a free trial, call (800) 341-7874.


Seek direct communication with doctor who prescribes services, placement


ORLANDO, Fla. -- More parents are coming to IEP meetings with medical directives from their child's private provider, says Melinda Jacobs,a school attorney in private practice in Knoxville, Tenn. Information on a child's medical needs can shed light on how to help the child learn. But sometimes, parents may want a physician to recommend a specific service or placement they believe is best for their child, Jacobs said. Know what steps to take to respond to a doctor's suggestions for educational services. Seek parental consent to communicate directly with the private provider to learn about the rationale behind his recommendations. If the parent will not consent, consider hiring a neutral expert to weigh in on both sides' recommendations. Also investigate if there are any nonmedical reasons behind the request that might inform your placement offer. "Doctors fill a very important role for us in education, but what they do is medical, not educational," Jacobs said. "Don't feel like you have to back down at every medical request. You can ask for communication" with the doctor to clarify the child's needs. Jacobs discussed this topic at LRP's 31st National Institute on Legal Issues of Educating Individuals with Disabilities. Access the SmartStart: Placement - Students with Medical Issues on Special Ed Connection�. For a free trial, call (800) 341-7874.


'Rear-view mirror' appraisal of IEP collides with FAPE standard


A fifth-grader's IEP was designed to provide FAPE, despite an ALJ's finding that the student could have made quicker progress with different services. The U.S. District Court, District of New Jersey reversed an ALJ's determination that the student's slow improvement in reading skills after the IEP was developed rendered the program inappropriate. W.R. and K.R. ex rel. H.R. v. Union Beach Bd. of Educ.,110 LRP 23989 (D.N.J. 04/22/10, unpublished).


Failure to articulate clear offer makes IEP substantively deficient


The District of Columbia had to reimburse the parents of an 8-year-old with speech-language impairments for the cost of a unilateral private placement after it issued an IEP that lacked specifics about the child's program. The U.S. District Court, District of Columbia held that the IEP was substantively inadequate because it omitted information about the services the child would receive and forced the parents to make a placement decision based on inadequate and contradictory information. N.S. by Stein v. District of Columbia,110 LRP 26678 (D.D.C. 05/04/10).


Legislation 
Governor Crist Reinstates Back to School Sales Tax Holiday

 

Signs legislation establishing a three day sales-tax holiday, saving Florida families $26 million

ORLANDO - Governor Charlie Crist today signed House Bill 483, the Back to School Sales Tax Holiday, at a Target store in the Waterford Lakes Town Center in Orlando. This bill designates a three day sales-tax holiday from August 13 through 15, 2010, on school supplies, books, clothing, and footwear. The tax holiday is expected to save Florida families $26 million.

"Our children deserve to have the resources and materials they need to be successful and competitive in the classroom. I am confident this tax break will help students, families and businesses as they prepare for a new school year," said Governor Crist. "It is important that we continue to alleviate the tax burden on Floridians, as well as seek ways to improve the economic future of our state."

During the sales tax holiday, Floridians will not pay sales tax on books, clothing and footwear that cost $50 or less, as well as school supplies that cost $10 or less. In January 2010, the Governor presented the Back to School Sales Tax Holiday to the Legislature as part of his policy and budget recommendations for the 2010-11 Fiscal Year.

"This tax break will enable Florida families to buy school supplies and clothing for the school year without the additional cost burden of state and local taxes," said Sally West, director of government affairs for the Florida Retail Federation. "The tax holiday will also provide a much needed boost to Florida's economy. We are thankful to Governor Crist for his longtime, enthusiastic support of this tax break."

At the signing ceremony, Governor Crist was joined by bill sponsor Senator Mike Fasano, Senate Finance and Tax Chairman Thad Altman, and leadership of the Florida Retail Federation.



Judge Orders State of Florida to Provide Community Services to Jacksonville Woman at Risk of Institutionalization

 

WASHINGTON - The state of Florida must provide Michele Haddad with services that will enable her to remain in her home, a U.S. District Court in Jacksonville, Fla., ruled Wednesday.  Haddad, who has quadriplegia as a result of a motorcycle accident with a drunk driver in 2007, has successfully resided in the community since the accident, but is at risk of entry into a nursing home due to changes in her caregiver situation.  Haddad, who has been on the waiting list for Medicaid community-based waiver services for two years, notified the state of her increased need for services, but was told that community services would only be available if she was willing to enter a nursing home for 60 days. 
 
The court ordered the state to provide community-based services as required by the Americans with Disabilities Act's (ADA) integration mandate as set forth in Olmstead v. L.C.  The United States argued in a brief filed on May 25, 2010, that Haddad would suffer irreparable harm if forced to enter a nursing home to receive necessary services.
 
The court issued this order in the week that marks the 11th anniversary of the landmark Olmstead decision.
 
"In the Olmstead case, the court recognized that the unnecessary segregation of individuals with disabilities stigmatizes those individuals as unworthy of participation in community life," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  "By supporting Ms. Haddad in this case, we seek to ensure that individuals with disabilities can receive services in the most integrated setting appropriate, where they can participate in their communities, interact with individuals who do not have disabilities, and make their own day to day choices."
 
The U.S. government's participation in this case is part of the administration's efforts across the nation to affirm the fundamental right for Americans with disabilities to live independently, in what the president has deemed "The Year of Community Living."
 
The full and fair enforcement of the ADA and its mandate to integrate individuals with disabilities is a major priority of the Civil Rights Division.  The ADA protects individuals with disabilities from discrimination by public entities.  People interested in finding out more about the ADA can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website at www.ada.gov/.


Other News
Suicide Prevention

 

Link between Cyberbullying and Suicide Worries Researchers


Middle school students who endure cyberbullying are almost twice as likely to attempt suicide than other teens, according to a Cyberbullying Research Center report. The report suggests that like traditional physical bullying, online harassment can contribute to increased thoughts of suicide -- reported by 20 percent of respondents -- and increased suicide attempts. The bottom line? All forms of peer aggression need to be taken very seriously. Read the entire report HERE.

Read more from the Channing Bete "Healthy Communities" E-Newsletter HERE.


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