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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
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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
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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).
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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.
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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/.
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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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Parent to Parent of Miami 7990 SW 117 Ave. Suite 200 Miami, Florida, 33183 Tel: 305-271-9797 Fax: 305-271-6628 [email protected] www.ptopmiami.org
Mission To empower and support a network of parents of children and adults with disabilities. Vision All parents of children and adults with disabilities will have universal access to information, training, support and advocacy skills to ensure their children achieve their fullest potential, while leading the community on the rights of all children. Above all, we respect your privacy. We will never sell or share your information with anybody. Changing your email? To update your contact information, email your changes to [email protected] (C) 2010 Parent to Parent of Miami Inc. All rights reserved. |
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