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PLUK News October/November 1998 Volume 13 Number 3/4 |
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Editor: Katharin A. Kelker PLUK Office |
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The contents of this newsletter were developed under a grant from the Department of Education. However, those contents do not necessarily represent the policy of the Department of Education and you should not assume endorsement by the Federal Government. Products and services described herein are not endorsed by PLUK, the U.S. Department of Education, or by the Federal Government. |
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Is Your Child 14 Years Old or Older? Does Your Child Have a Transition Plan?
IDEA '97, the reauthorization of the federal special education law, requires every student in special education to have a statement of transition services written into the IEP when the student is 14. The purpose of this requirement is to focus attention on how the child's educational program can be planned to help the child make a successful transition to life after secondary school. This provision is designed to augment, and not replace, the separate transition services requirement under which children with disabilities, beginning no later than age 16, receive actual transition services (e.g., linkages to adult service agencies).
A statement of transition services means a written explanation of the skills the student needs to learn in order to prepare for transition. Statements will vary according to the type of outcome projected for the student. For example, some students will plan to enter college after high school, but will need to learn compensatory skills like word processing or screen reading in order to be prepared to do college level work. Other students will want to learn employment skills by taking vocational courses as part of their high school program. Others will need to work on independent living skills (e.g., cooking, cleaning, budgeting, time management) to prepare them for living on their own in the community. In any case, there should be a complete statement in the IEP of the types of courses and activities necessary for the student to be prepared for transition from high school into postsecondary education, employment, or other adult occupations.
PLUK's Commitment
Over the next two years, Parents, Let's Unite for Kids (PLUK) is going to dedicate its efforts to helping all parents of special education students aged 14 and older to make certain that their child's transition needs have been addressed in the IEP. It doesn't matter what disability that the student has--learning disabilities, emotional disorders, cognitive delays, sensory or physical impairments--; every student in special education must have a statement of transition needs in the IEP. Every student will have some needs, even if the student is in the regular classroom most of the time and receiving very few special education services.
It is not acceptable for the IEP Team to leave the transition page blank, or to make a statement that the 14 year-old student does not need transition services "at this time." The point of the transition statement is to look ahead to where the student is going and determine what skills need to be learned over the next four or five years before graduation. Here are some examples of appropriate transition statements:
John plans to attend a junior college after high school graduation. To prepare himself for doing college level work, John will need to learn word processing with spell check. He will also have to become proficient in using a screen reader in order to read text in content areas. In addition, John needs some practice with such life skills as budgeting, personal organization, and time management.Molly will need lifelong support in order to be able to live and work in the community. Over the next four years, she will benefit from learning daily living skills such as cooking, grocery shopping, clothes washing, and cleaning. She also needs opportunities to try out various jobs in order to build a work history and acquire some marketable skills.
Informal Planning Process
One way of helping to develop effective transition statements is for the IEP Team to hold an informal futures planning session. Futures planning allows the IEP Team to think broadly about the student's strengths and needs. The team can brainstorm strategies to prepare the student for academic, vocational, and daily living activities after high school graduation.
Futures planning is more than just a plan; it is an ongoing problem-solving process involving a small group of people who meet to brainstorm and strategize. This circle of support or person-centered team makes commitments and takes action to ensure that the student will receive the educational opportunities and experiences that will lead to successful transtion.
If you would like to have one of these informal planning processes for your child, what would you need?
Parts of the Planning Process
There are three steps in the Personal Futures Planning process. The first is the creation of a personal profile representing comprehensive information about the individual, including past events, relationships, places, preferences, ideas about the future, obstacles and opportunities.
The second step is the development of a plan for the person based on the information gathered from the group.
The final step is the commitment by the group to form a network of support to help the person carry out the plan.
Strengths and Weaknesses of Futures Planning
Personal Futures Planning is an activity designed to discover new strategies for building a satisfying qualify of life for people with disabilities in their communities. However, the futures planning process is not perfect. It has some potential pitfalls that parents should know about:
To be of practical value the Futures Planning Process has to be coupled with concrete planning processes like the IEP. The dreams recorded in a futures plan can become a reality only if avenues to reaching goals are identified and individuals are committed to helping the focus person reach those goals.
Agreement Reached on Federal Budget
President Clinton and members of Congress reached agreement in November on a budget that gives special education a $500 million increase, and gives local school districts $1.1 billion to help reduce class size and train, test, recruit and hire new teachers.
Clinton won a major victory by securing funds for his plan to hire 100,000 new teachers. While Republicans got Democrats to agree to give the $1.1 billion allocated to support the new teacher program directly to local school districts. Democrats had sought assurances that all of the money would be spent on hiring teachers, but the agreement gives local districts the authority to spend the money as they wish. The GOP plan allows funds to be used not only for reducing class size, but also puts an emphasis on special education by encouraging the recruiting, hiring, training and testing of special education teachers.
As part of the omnibus budget bill debate, vigorous attempts were made by some members of Congress to modify the IDEA discipline provision, but these efforts were turned back. Instead, Congress agreed to a six to eight month study of the discipline of special education students.
School Administrators Lobbied to Amend IDEA Discipline Provisions
During the debate on the budget bill, school administrators lobbied lawmakers to make their job easier by altering the IDEA statue to allow districts to subject all students, including those with disabilities, to the same disciplinary procedures.
The American Association of School Administrators (AASA) urged members of Congress to eliminate the current law's "dual code" of dealing with disruptive behavior in the classroom and replace it with one that "creates the presumption that all students are subject to the same disciplinary code."
According to the AASA proposal, rather than automatically subjecting students with disabilities to a separate standard, all students would fall under one traditional standard. Exemptions from the standard would be determined on a case-by-case basis, subject to an evaluation process.
Under AASA's proposal, exemptions would apply only to students who commit infractions but do not know right from wrong, cannot understand the consequences of their actions, or are incapable of controlling their behavior.
AASA's plan would have applied IDEA's disciplinary rules to disruptive students who meet the exemption criteria. It would have maintained due process requirements and other protections afforded to special education students who are unable to understand the consequences of their behavior.
The AASA proposal would have eliminated manifestation determinations for disabled students for whom the regular disciplinary procedures and code apply.
It would also have maintained the current prohibition against total cessation of services by requiring states to develop alternative settings for student who commit infractions that merit expulsion or long-term suspension.
The AASA proposal received a sympathetic hearing from such members of Congress as Sen. Slade Gorton, R-WA and Sen. Judd Gregg, R-NH. But Congress did not approve the proposal and no amendments were made to IDEA before Congress adjourned.
However, Sen. Gorton is expected to push for some version of an IDEA discipline measure as an amendment to the fiscal year 1999 education spending bill. It is possible that Sen. Gorton will propose the AASA recommendations again in the next Congress.
IDEA Regs Expected Before End of Year
Judith Heumann, the Director of the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, has indicated that she expects regulations to clarify implementation of IDEA '97 will be available before the end of 1998.
Asked about the widespread rumor that the Department of Education delayed the controversial regulations until after the elections, Heumann has indicated that the rumors are untrue. According to Heumann, what has delayed the regulations is the overwhelming number of comments on the draft regulations; these comments are being carefully considered before the final draft of the regulations is published.
Originally the IDEA '97 regulations were supposed to be available in April 1998, then May and finally June. When the regulations did not appear in June, the Department of Education refused to predict a date for publishing the regulations because the process of reviewing thousands of comments was more daunting than first expected.
In the meantime since regulations have not been published, some states have delayed all efforts to update their state regulations until the federal ones are finalized, while others have decided to update part of their regulations. In Montana, Special Education Director Bob Runkel has said that some regulations are in the process of revision because these areas are not likely to be affected by the federal regulations. Other parts of the regulations are being left unchanged until federal guidance is provided.
New Speaker for the House
Just after the November elections, Speaker of the House, Newt Gingrich resigned as Speaker and left his position as a Representative from Georgia. Representative Robert Livingston (R-LA) has been selected to fill the Speaker's post. Congressman Livingston is known to disability advocates as the author of a discipline amendment to IDEA which would have allowed cessation of services.
Supreme Court Hears SPED Case
The U.S. Supreme Court is hearing oral arguments in a medical services case that could have potentially dramatic consequences for students with serous health problems and their families.
The high court has chosen to consider the Cedar Rapids Community School District v. Garret F., 25 IDELR 439 (8th Cir. 1997).
In the case, the 8th Circuit ruled that all services that can be provided in school by a nurse or qualified layperson must be provided to an eligible special education student.
The court said it was bound by the bright-line physician-nonphysician rule in the Tatro case: The services of a physician (other than for diagnostic and evaluation purposes) are subject to the medical services exclusion of the IDEA, but services that can be provided in the school setting by a nurse or qualified layperson are not.
Other courts have not limited their interpretation to a simple "bright-line" rule. Instead, they have weighed several factors in determining whether health care services are required related services or excludable medical services. Those factors include the level of expertise necessary to administer services, whether the student's condition is life-threatening, and the physical and financial burdens of providing services.
A decision by the Supreme Court in this case should make clear the rights and obligations under the IDEA regarding nursing services. The high court will have the opportunity to clarify the scope of the IDEA medical services exclusion and school health services regulation which it first reviewed in Tatro.
Congress Sunsets Assistive Technology Grant Program
The Congress has approved an assistive technology bill that eliminates all funding for the program in fiscal year 2004.
The Assistive Technology Act (S. 2432) reauthorizes the 10-year Tech Act for five years, but will begin phasing out funding for state projects in 2002 with all funding ceasing in 2004. The bill authorizes $36 million in grants to states to provide individuals with disabilities, including students, services or devices that allow them to overcome or compensate for a disability that prevents or limits their ability to engage in a major life activity.
Following their 10-year funding cycles, states were expected to be permitted to roll over into a second grant program called the Challenge Grant Program. However, Congress has repealed that program, thereby officially terminating state grant programs once all states have completed their 10-year cycle. States currently in the 10th and final year of funding will be permitted to extend their grant for 3 additional years, but no extensions will be made beyond FY 2004.
Congress appropriated $36 million to the program last year, but lawmakers have allocated only $30 million for FY 1999, matching the Clinton administration's budget request.
In Montana, MonTECH, located in the Rural Institute on Disabilities in Missoula, has been the Tech Act funded program intended to provide information and assistive technology services statewide.
Good News about Medicaid Coverage for Assistive Technology
Strong advocacy and Administration support have paved the way for important improvements to access for assistive technology for Medicaid recipients. In an official letter on September 4, 1998, to all state Medicaid directors, the federal government has made clear that Medicaid cannot refuse to fund Medical Equipment based on lists of "approved" items. In other words, a determination about whether an item of Durable Medial Equipment is "medically necessary" must be made with reference to the facts of the particular case.
This letter confirms the interpretation of the Medicaid program that advocates have been asserting for many years: The Medicaid program should be covering and providing a wide range of medical equipment and assistive devices to people with disabilities. States cannot raise the defenses that: 1) these devices do not fit with the scope or intent of the Medicaid program; 2) as a state policy, these devices are not deemed medically necessary; or 3) coverage will not be extended to adults, even though the same equipment is covered and provided to children.
For more information on this topic, contact:
Lew Golinker 202 E State St Ste 507 Ithaca NY 14850 607.277.7286; 607.277.5239 (fax) lgolinker@aol.com atlawcenter@juno.com
Head Start Reauthorized
On Tuesday, October 27, President Clinton signed into law legislation that reauthorized Head Start for five years through 2003. This reauthorization represents revolutionary change in the purpose of Head Start. With this reauthorization, the purpose of Head Start changes from developing social competence to promoting school readiness by enhancing the social and cognitive development of low-income children through the provision of health, educational, nutritional, social , and other services that are determined to be necessary.
Since its inception in the 1960's, Head Start has emphasized developing social skills in children so that they are better able to cope with the demands of school routines when they enter the public schools. In the past, Head Start has not emphasized teaching children specific academic readiness skills such as letter and number recognition, letter sounds, and language development. The reauthorization requires that Head Start programs focus directly on improving the language and literacy skills of Head Start children. Specifically, the reauthorization establishes educational performance standards to ensure that children participating in the program, at a minimum--
In addition, the law establishes educational performance measures to ensure children--
To ensure that classroom teachers in Head Start have the background to provide a more academically-oriented program, the law requires by 2003 that at least 50 percent of classroom teachers nationwide in center-based programs have an associate degree in early childhood education or in a field related to early childhood development with experience teaching preschool children.
The reauthorization legislation strengthens Head Start by promoting school readiness and accountability. The performance of local grant recipients in preparing young children to enter school ready to read will be evaluated using new performance standards and measures. The bill also calls for an impact study to measure Head Start's effectiveness.
Montana's Budget Proposed
As of November 2, 1998, Governor Racicot's budget request to he 1999 Legislature will include an increase for K-12 BASE aid of $30.7 million, increasing the basic and per student entitlements by 3.5% per year for elementary districts and 1.5% per year for high schools, and increasing special education by 1.5% per year. The Governor's request will also include an increase of $1 million over the biennium for Improving Montana Schools, a continuation of the standards review project and the Montana Education Profile.
Resolving Conflict: Early Assistance Program
The legal Services and Special Education Divisions of the Office of Public Instruction (OPI) have instituted the Early Assistance Program (EAP). The EAP is designed to provide technical assistance to parents, school districts and advocacy organizations in regard to the delivery of a free appropriate public education (FAPE) for students with disabilities. Under the Individuals with Disabilities Education Act (IDEA), parents can pursue due process if they feel their student has been denied FAPE, or file a complaint with the Office if they feel a district is not following administrative rules The intent of the EAP program is to intervene prior to the due process hearing stage or at the time of filing a complaint with he Office. At this intervention point, the EAP will gather information pertinent to the situation from parents, schools and others who are involved with the issue and attempt to resolve the problem within fifteen school days. With permission from the parents, EAP may exceed fifteen days.
The philosophy of EAP is to prevent costly legal
proceedings wherever possible as well as resolve issues amicably.
Given the opportunity to discuss the issues at hand in a less
formidable venue, both parents and school personnel can reach
agreement without undermining the relationships necessary to ensure
the smooth delivery of special education services to children and
youth with disabilities. To contact EAP, call Tim Harris at
406.444.5664 or via e-mail at tharris@state.mt.us.
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The Legislature is Coming!
The Montana State Legislature will convene in January 1999. For individuals who like to follow the legislative process, there will be a new tool on the Internet.
The LAWS system: http://laws.leg.state.mt.us/law/plsql/LAW0200W$.Startup is a new electronic system containing detailed information on all bills and bill drafts prior to and during the Montana legislative session. The term "LAWS" is an abbreviation of Legislative Automated Workflow System.
A key function of the system is the collection and timely distribution of information related to the Montana Legislature. During a legislative session, floor agendas, journals, and floor action summaries for both of the house chambers will be available from LAWS. The public access portion of LAWS consists of an internet web server that serves information from the legislative session database. The web site also has links to bill text and other elated information.
System Requirements
Use of the public access portion of LAWS requires a computer with an internet connection and a world--wide-web browser. Most public libraries have these. Further to use all of the features of LAWS, browser software must support JavaScript 1.1. Most newer browsers support this. To upgrade browser software, download one at no cost.
LAWS has been tested with Netscape version 3.x and higher, and Internet Explorer version 4.x and higher. Other browsers or versions may or may not work with LAWS. In most cases other browsers will work to get basic information, but some advanced LAWS functions may not work properly or may result in error messages.
The bill data (status and bill text) on LAWS should be up to the minute. As soon as information is recorded on the system, it will be available to users through the LAWS world-wide-web interface. Floor agendas, daily floor action summaries, and journals will be updated once a day in the evening (during the session only).
For a list of all bills and bill drafts go to the Advanced Bill Search page of LAWS and click on the search "Submit" button without selecting any search category criteria.
In addition to LAWS, information about bills and the session will be available in the standard ways. METNET will have the same information as the web page and will be updated as frequently. Hardcopy documents will still be available from the Legislative Services Division.
Montana To Receive $5.6 Million
Under the federal budget just passed by Congress, Montana will receive $5.6 million to be used for hiring approximately 145 new teachers. The one-year appropriation begins July 1, 1999, and extends through September 30, 2000.
OPI must distribute 100% of the funds directly to local school districts, allocating 80% based on poverty level and 20% based on population. School districts must use the funds to reduce class size by recruiting, hiring, and training certified regular and special education teachers. Particular consideration must be given to reducing class size in the early elementary grades. Districts that have already reduced class size in grades 1-3 to 18 or fewer students may use the funds to add special education teachers, further reduce class size in grades 1-8, reduce class size in kindergarten or other grades, or carry out professional development activities.
Services for Deaf Blind Children
Special supports are available for children who are deaf and blind and their families through the Deaf-Blind Partnerships Project which provides education and support in a variety of ways. Support strategies include:
Project resources are available for children or young adults up to age 21, their families, and support staff in child care programs and public schools. For more information, contact Francisco Roman at 406.444.4426; TDD 406.444.1812.
Managed Care Continues
The Montana Department of Public Health and Human Services (DPHHS) has been able to negotiate an agreement with Magellan Corporation, the company managing mental health services for the State. Prior to the agreement, both parties had filed termination notices in preparation for severing the contract between Magellan and the State of Montana.
Program Changes
Now that agreement has been reached, DPHHS and Magellan will pursue the following six program changes designed to keep the program intact and viable:
Managed Care Has Rocky History
In June 1998, DPHHS and Magellan negotiated contract amendments that placed additional operational requirements on Magellan and substantially increased the company's accountability to the State. Then, a July financial audit showed that the contractor had sustained significant financial losses during first-year operations. Magellan requested program changes to help make the contract financially viable, and the six proposals mentioned above were agreed upon. Magellan is also negotiating independently with its service providers.
The Montana managed mental health care program, which began in April 1997, combines all federal and state mental health funding into one privately operated, statewide program. State lawmakers agreed to the plan as a way to provide better mental health services to more Montanans while increasing financial and program accountability.
Magellan Behavioral Health is the nation's largest managed behavioral health care company, serving approximately 61 million individuals across the U.S. and Canada. Magellan took over the management of Montana's program when Magellan bought out Merit Corporation.
Handling the Holidays Happily
Parents often anticipate the holidays with mixed feelings--delight in looking forward to the family's celebration and anxiety about meeting the demands for food preparation, decorations, gift giving, and entertaining. Families that include children with special needs have additional concerns about getting through the holiday rush while maintaining the routine for their special child. Here are some suggestions for holiday survival:
Parent Support Volunteer Network
PLUK has joined forces with Volunteer Montana!, a state-wide service organization, to set up a Parent Support Volunteer Network to expand their support and reach more parents in need. The Volunteer Montana! Volunteer Coordinator, Elizabeth Popp, will be recruiting experienced parents of children with disabilities to provide information and support to other parents. Parent Support Volunteers will receive training from PLUK staff in how to work with parents and share the ways in which they have learned to cope and advocate for their child in the service system.
Parent Support Contacts will give 1 to 2 hours per week of support via the telephone to aid other parents in brainstorming and problem solving techniques, share a variety of information on disabilities, and actively listen to and refer parents to the appropriate people when situations need specific attention. If able, parents may also decide to provide support to parents at IEPs and other school meetings.
If you are interested in becoming a Parent Support Contact or would like more information about the Parent Support Network, please contact Elizabeth Popp at the PLUK office in Billings at 406.255.0540 or 800.222.7585(toll free).
Draft Policy on Aversive Treatment Available
The blue ribbon panel on aversive treatment has concluded its work and produced a much simplified document that outlines when, if ever, aversive treatment may be used with students in special education. The draft policy states:
Aversive Treatment to Be Last Resort
Under the proposed policy, it is assumed that aversive treatment will be considered for use only rarely. The policy requires that two positive behavioral interventions must be tried and documented before an IEP Team can even consider using aversive treatment. If aversive treatment is under consideration, the IEP Team must include someone with experience in positive behavior management and in best practices in the use of aversives.
As a member of the IEP Team, a parent will have the ability to agree or disagree with an IEP that contains aversive treatment. If the parent does not want to agree to aversive treatment, the school district would have to take the parent to mediation or due process hearing to press for the use of aversives.
If a parent agrees to an IEP with an aversive treatment plan in it, the parent can expect to receive regular updates on how the plan is working. There must be an indication of when the first formal review will occur. If parents are not satisfied with the data they receive, or if the parents feel that the aversive treatment plan is not effective, the parents can call for an IEP Team meeting to revise the IEP.
If a parent thinks that aversive treatment is being proposed as a form of punishment, a convenience for staff or a substitute for a positive behavioral intervention, the parent can refuse to agree to the IEP as written. The parent could then request mediation or a due process hearing. In the meantime, while due process procedures are taking place, the school district could not implement aversive treatment procedures without the parent's consent.
Comments on the draft policy may be sent to:
Office of Public Instruction PO Box 202501 Helena MT 59620-2501.
Doug Doty of the OPI staff can answer questions about the draft document. He can be reached at 406.444.0907.
Members of the Blue Ribbon Panel on Aversive Treatment include:
Kathy Kelker, PLUK; Craig Brewington, Superintendent, Hellgate Elementary, Missoula; Denise Conrad, Elementary Principal, Great Falls Elementary, Great Falls; Ed Plass, High School Principal, CM Russell High School, Great Falls; Mike Fredrickson, Special Education Director, Missoula County High School, Missoula; Leigh Spencer, Parent, Great Falls; Brenda Price, General Education Teacher, CR Anderson School, Helena; Mike McLaughlin, Director of Adult and Family Services, Golden Triangle Community Health Center, Great Falls; Pete Ruzevich, Montana Advocacy Program, Helena; Joelene Goodover, School Psychologist, Great Falls; Ron Marks, Special Educator, Hawthorne School, Missoula; Carol Reeves, Special Educator, Lewis and Clark School, Missoula; and Brian Garrity, Consumer Advocate, Mental Health Association of Montana, Helena.
CEC Conference to be held in March
The CEC conference is scheduled for March 24-26, 1999 at the Holiday Inn-Parkside in Missoula. Lodging at the Holiday Inn Parkside (800.399.0408) is $56.00 for 1-4 persons; or the Best Western Executive Inn (406.543.7221) is $42.00 for a single or $52.00 for a double.
Call Continuing Education at the University of Montana at 406.243.4600 for more information.
Items For Sale
1995 Chevy Astro Van
-conversion lift-raised roof(enough room for adult)
Call 1-800-CAR-CHEV, ask for Jason Nordberg.
New electric Wheelchair -- Call-406.522.7120
ASK PLUK???
The following questions are recent inquiries received by PLUK staff.
Q: Is an IEP meeting required before a student with disabilities graduates from high school?
A: High school graduation is considered a change in placement for a student with a disability in that eligibility for special education and related services ceases upon granting a diploma. Since graduation ceases a student's access to special education programs, all of the procedural safeguards required under IDEA are in effect, including written notice and due process hearing procedures, and must be given at the IEP meeting that evaluates whether the student has met graduation requirements.As the student is nearing graduation, an IEP meeting must be held to conduct a review of the student's IEP to evaluate the student's progress toward graduation. The IEP team determines whether graduation requirements will be met and whether the goals and objectives in the IEP will be completed.
The student is eligible for graduation from high school if the student has completed a prescribed course of study. A prescribed course of study can be the general education curriculum or completion of the goals on the IEP, or some combination of the two.
If a student's IEP has identified graduation on a specified date and the IEP team decides that the student has not met graduation requirements, written prior notice that the student will not meet graduation requirements must be given to the parents and student early enough so that parents may exercise their procedural safeguards including requesting a due process hearing. If the student or parents of the student request a due process hearing, the impartial hearing officer would determine whether it is appropriate to graduate the student.
Q: Does the Americans with Disabilities Act (ADA) apply to child care centers?
A: Yes. Privately-run child care centers--like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks--must comply with title III of the ADA, regardless of size or number of employees. Even small, home-based centers that may not have to follow some State laws are covered by title III.The exception is child care centers that are actually run by religious entities such as churches, mosques, or synagogues. Activities controlled by religious organizations are not covered by title III.
Title III of ADA requires that child care providers not discriminate against persons with disabilities on the basis of disability, that is, that they provide children and parents with disabilities with an equal opportunity to participate in the child care center's programs and services. Specifically:
- Centers cannot exclude children with disabilities from their programs unless their presence would pose a direct threat to the health or safety of others or require a fundamental alteration of the program.
- Centers have to make reasonable modifications to their policies and practices to integrate children, parents, and guardians with disabilities into their programs unless doing so would constitute a fundamental alternation.
- Centers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, when doing so would not constitute an undue burden.
- Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for a barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.
For more information about ADA requirements, call 800.949.4232.
Q: In January our family is moving to a new community. Our son, who is a high school junior, uses a wheelchair. The new school district's only high school is not accessible to individuals who use wheelchairs. The new district proposes to transport our son to an accessible high school in a neighboring district. We are not happy with this idea. We want our son to attend school with his brothers and sisters in our new community. What should we do?
A: Under the Americans with Disabilities Act (ADA), the school district's high school may not be inaccessible to individuals who use wheelchairs. The school district may not meet its program accessibility obligation by sending students with disabilities to an accessible school in a neighboring district. This means that the high school building does not have to be accessible throughout, but any programs in which your son would want to participate must be made physically accessible for him.Contact the Legal Department of the Office of Public Instruction at 406.444.4402 and ask for assistance in informing your new school district of their obligations to provide accessible programs for your son.
Q: Our son was recently diagnosed with diabetes. He is having a great deal of difficulty adjusting to his illness and has been hospitalized twice in the last month. Because he has been having so many problems, we are concerned about his returning to school. What kinds of accommodations can be made for him in the school setting?
A: Once their diabetic symptoms have been stabilized, most children with diabetes can lead normal lives and participate in school in the same ways as other children. However, diabetic children do require some accommodations to ensure that they remain healthy during the school day. A Section 504 plan can be used to spell out the types of accommodations that may be necessary, including:
- A private place to do blood sugar testing at least once a day. Younger students generally go to the nurse's room. Older, high school students may use a quiet corner in the school office or locker room.
- Physical education scheduling awareness (PE should not be scheduled during a time when your son is likely to have a low insulin level).
- Freedom to go to the bathroom or water fountain when necessary.
- Ability to eat whenever and wherever necessary.
- Full participation in all extracurricular activities, including sports and field trips.
- Allowances for being out sick more than the traditional amount.
- An emergency plan--what to do if the student has a bad reaction. The emergency plan should consist of a physician's order and a permission form on file allowing the school nurse, who may be a registered nurse or a licensed practical nurse, to administer a glucagon injection if the student should become unconscious. If the nurse is not available, an emergency medical technician must administer the shot.
The plan should also include treatment for high blood sugar. Sometimes, when diabetics have a fever, they are under stress or they are coming down with an illness, their blood sugar will rise too high. They will appear drowsy, sluggish and their breath will smell fruity. Clear instructions should be provided on administration of insulin to treat symptoms of high blood sugar.
Emergency procedures also should be detailed in the plan for the student's bus ride to and from school and for field trips. Bus drivers should be informed of the student's diabetic condition.
The Office of Public Instruction (OPI) has forms to use when developing an Individualized Health Care Plan. You can obtain the forms by calling 406.444.4429.
For more information, contact the American Diabetes Association at 800.342.2383 or visit the association website at http://www.diabetes.org.
Q: My daughter is in middle school. She has been served in special education for a learning disability in reading and written language since she was in second grade. Now in the seventh grade, the only help she gets at school is from a strategies class one period a day. My daughter is failing three core subjects and she hates the strategies class. She says it is no help to her. We don't know what to do to help our daughter. Is there something more that could be done besides this strategies class?
A: It sounds as though your daughter may not be receiving enough support for her to be successful at school. What you need to do is ask for an IEP meeting and revise her IEP so that it clearly spells out more supports for her.The strategies class you mentioned is a common method for providing assistance to learning disabled students. The purpose of this class is to teach LD students how to organize their school work, how to study, and how to take tests. These are all useful skills for students with learning problems; however, some LD students need more support than instruction in study skills. They may actually require instruction in reading in the content areas, written expression, and other tool skills that they have not mastered yet.
When the IEP Team meets, be sure that your daughter's revised IEP includes goals and objectives in areas other than study skills. With these additional goals, she should receive more support, either in collaborative classes where the special and regular education teachers team teach or in resource classes designed to provide instruction in specific skills.
Q: Must school districts provide transportation for a high school student who uses a wheelchair to participate in extracurricular events? My son plays the trumpet and would like to be in pep band. He is being discouraged from participation because the band would have to be transported on a special bus that accommodates wheelchairs. Can we insist that our son be allowed to participate and be provided transportation?
A: Under the Americans with Disabilities Act (ADA), you son is entitled to participate in any of the school-sponsored activities for which he is qualified. Since your son plays an instrument, he is certainly entitled to try out for the pep band. If he is successful in becoming a member of the band, then he should be afforded any of the opportunities that other band members enjoy, including transportation to sporting events on an accessible bus.If you need help with this issue, call the ADA Technical Assistance Center at 800.949.4232 or OPI Legal at 406.444.4402.
Parent Corner
Items of interest to parents
Arresting Material
The following publications may be of interest to people concerned about how the Americans with Disabilities (ADA) affects law enforcement. To order them, call the Rocky Mountain ADA Technical Assistance Center at 800.949.4232.--Commonly Asked Question about the ADA and Law Enforcement (free)--The Police Response to People with Mental Illness ($4.00 postage and handling)
SSI Information
The Bazelon Center for Mental Health Law has recently published a handbook for families and advocates which explains the Supplemental Security Income (SSI) system and the process for qualifying for monthly cash benefits for children with severe mental and physical disabilities. The1996 eligibility rules as well as the process for appealing when benefits are denied are described in easy to understand language. The handbook is also available in Spanish. The cost is $3 plus $2 for shipping. To order this booklet, please contact the Bazelon Center at 202.467.5730 or write:Publications Desk Bazelon Center for Mental Health Law 1101 15th Street NW Ste 1212 Washington DC 20005-5995.
Federal Monitoring
The Office of Special Education Programs (OSEP) will monitor Montana's compliance with the Individuals with Disabilities Education Act (IDEA). The schedule calls for a "pre-site" visit the week of March 8-12, 1999. An "on-site" visit, which will include visits to our schools, is scheduled for April 12-16, 1999.
Poster Contest
The Developmental Disabilities Planning and Advisory Council is conducting the Fifth Annual Poster Contest to create the statewide poster for Disabilities Awareness Month in March 1999. This year's contest participants are asked to think about ways that people with and without disabilities are the same and design a poster that helps to illustrate the theme, "More the Same Than Different."The winners of each category will be brought to Helena in March for an awards presentation. The overall winner will be selected from these finalists. Prizes are being provided by the Montana Association for Independent Disabilities Services (MAIDS) and the Montana Power/Entech Foundation.
Posters must be submitted to the DD/PAC office by December 18, 1998. For further information, call 800.337.9942.
Discipline and IDEA '97
Discipline of students with disabilities remains a priority issue with school administrators, parents, and the Office of Public Instruction (OPI). OPI will revise the draft Technical Assistance Manual on Suspension in Special Education as soon as possible, following adoption of final federal regulations. Once the Manual is finalized, training opportunities will be provided by OPI. In the meantime, the draft Manual published in January 1998 provides guidelines for schools to use in implementing the discipline requirements of IDEA '97. Additional copies of the draft manual are available by calling 406.444.5661.
Curbing Injuries on Ranches
The National Safe Kids Campaign has launched an effort to ensure the safety of ranch children, about 100 of whom are killed each year and about 150,000 of whom are injured. To obtain a copy of the guidelines for keeping ranch children safe, call 202.662.0600.
Online Cancer Resources
Life Care Concepts, an organization of cancer survivors and care givers, has a new Web site that targets cancer patients and their families. The site provides disease management and psychosocial information and can be reached at http://www.cancerresources.com.
Avoiding Food Allergies
For tips and strategies on how to avoid food allergy, including information about the School Food Allergy Program or how to get a free emergency health care form, call the Food Allergy Network at 800.929.4040 or visit their Web site at: http://www.foodallergy.org.
Books on Tape
For students who have visual impairments, learning disabilities or other print impairments, the following are good resources for books on tape:--The Library of Congress, Washington DC; 202.707.5100--Montana Talking Book Library, Helena; 800.332.3400
--Recording for the Blind, Princeton NJ; 800.221.4792.
Special Ed Advocate
The Special Ed Advocate is a free online newsletter about special education legal issues, cases, tactics and strategy, effective educational methods, and Internet links. Visit: http://www.wrightslaw.com.
Dr. Koop's Community on the Web
Dr. Koop's Community is an extensive website maintained by the Empower Health Corporation, a company founded by former Surgeon General C. Everett Koop and dedicated to improving the quality of people's lives by empowering them with personalized health care information and enabling electronic interactions with the health care industry. Dr. Koop's Community is on the Web at http://www.drkoop.com.
Learning Differences Web Site
The Hello Friend/Ennis William Cosby Foundation was established by Bill and Camille Cosby to honor the memory of their son, Ennis, and dedicated to the issue of learning differences. Go to: http://www.hellofriend.org.
LD Pride Online
LD Pride is an online community of adults and youth. The purpose of this website is to provide individuals with learning disabilities a way to interact with each other, socialize, share frustrations, and get the support they need. Users can sign or read the guest book, post a message on LD Pride's Bulletin Board, test knowledge of learning disabilities by taking the LD Pride's Quiz Challenge, or join the live JAVA Chat Support Group. Visit: http://www.ldpride.net.
ADA Information
For information about the Americans with Disabilities Act (ADA), call the Rocky Mountain Disability and Business Technical Assistance Center at 800.949.4232. The Technical Assistance Center stocks a large selection of current information on the ADA. These materials can be ordered by calling the Center. Most are free except for a small fee to cover postage.The TA Center staffs the toll free number weekdays from 8:00 a.m. through 5:00 p.m. The Center's Information Specialists can immediately answer most questions you have about the ADA and can research more complex questions if necessary.
Accessible Congregations
The National Organization on Disability (NOD) is seeking the commitment of 2,000 religious congregations by the year 2000 to include people with all types of disabilities as full and active participants.An Accessible Congregation acknowledges that it has barriers to the full participation of people with disabilities and makes a commitment to begin removing them. An accessible Congregation commits to these three principles:
- In our congregation, people with disabilities are valued as individuals, having been created in the image of God.
- Our congregation is endeavoring to remove barriers of architecture, communications and attitudes that exclude people with disabilities from full and active participation.
- People, with and without disabilities, are encouraged in our congregation to practice their faith and use their gifts in worship, service, study and leadership.
For more information, contact Lorraine Thal at 202.293.5960 or 202.293.7999 (fax).
Montana Center Awarded New FAS/FAE Projects
The Montana Center on Disabilities is beginning two new alcohol related birth defect projects. Funds from the Developmental Disabilities Planning and Advisory Council (DDPAC) and Board of Crime Control will be used to increase statewide public awareness and agency coordination of services for children and adults with FAS/FAE and will provide training to juvenile probation officers across the state. Parents are welcome to attend all grant activities. For more information, please contact Linda Wham at 888.866.3822 or 406.657.2312, mchc_dept@vixen.emcmt.edu.
Autism Society Support Group in Billings
The Autism Society of Montana is a support group for parents of children with Autism spectrum disorders. This includes Autism, PDD, and Asperger Syndrome. The group of parents meets to share information, support each other during tough times and share triumphs. All parents and family members are welcome. The group meets at MSU-Billings Education Building Room 104 each quarter. The next meeting will be January 7th at 6:30-8:30pm. For more information, please call Liz Miller at 406.651.9260.
Foundation for Aniridia Research
The Canadian Foundation for Aniridia Research is a non-profit organization dedicated to raising public awareness of Aniridia and its associated conditions. Originally started in Canada, CFAR now has members in over 7 countries and includes a resource contact in the USA, Mrs Liz Dennis, 770.631.9333; 770.631.8332 (fax); LizDenn@aol.com (e-mail). They provide support through a newsletter, information flyers, web site, and on-line chats. Visit their web site at http://www.aniridia.org.
50 Tips for Coping with Mental Illness in the Family
(adapted from a list developed by Rex Dickens for NAMI Sibling and Adult Children Network)
Hints for Making Tough Decisions
Parents of Children with special needs often find themselves faced with making tough decisions about their children's medical, therapeutic, or educational programs. General life experience does not always prepare parents for these difficult decisions, and often there are no family members or friends who have the expertise to help.
Here are some suggestions for steps to follow when contemplating challenging decision:
Source: Janet Bailey, writing in New Woman, 215 Lexington Ave., New York NY 10016.
Handling Crises
For more information on handling mental health crises, contact:
National Alliance for Mentally Ill 200 N Glebe Rd Ste 1015 Arlington VA 22203-3754 703.524.7600; 703.524.9094 (fax) http://www.nami.org.
Tips for Handling Tough Conversations
Most of us dread confrontations with others. We would prefer that our interactions would be pleasant rather than hostile, but sometimes difficult conversations must take place.
If you want to avoid potential stress for you and those with whom you are dealing, consider these suggestions when you think you are going to be in a stressful conversation:
Examples:
Negative: Why can't you..."
Positive: "What if we..."
Negative: I hate it when..."
Positive: "Wouldn't it be better if..."
Absolute: "You always say..."
Non-absolute: "I've heard you say..."
Absolute: "Nothing ever gets done."
Non-absolute: "At times, there have been problems getting things
done."
Absolute: "We must do it this way.":
Non-absolute: "Here's a good idea to consider."
Whenever you expect that a conversation may be difficult, rehearse in your mind these four suggestions and consciously decide to monitor the way that you speak. You may be surprised at how positive the resulting conversation can be.
Dealing with Difficult People
When you think that the people with whom you will be interacting may be difficult, consider using these strategies:
Generally speaking, whatever you are against works against you. You begin fighting it and become a part of the problem. But when you state what you are for, you begin focusing on the potential for positive change. Your positive suggestions will impress others more than your criticisms will persuade them.
Instead of telling the know-it-all why the idea will not work, ask questions about the idea. Remember that know-it-alls love to answer questions.
As they look for answers, they might just discover that some ideas you present might be useful. In fact, they will probably blend some of your ideas with theirs and think that they came up with all of them.
Examples:
--Why do you think suspending John from school will change his behavior? What do you think the effect of suspension will be?
--Have you had success talking with John when he is angry? How does John respond when you confront him about his behavior?
When a communication impasse occurs, try this technique. Stop the discussion. Ask the other person to agree to a new ground rule for both of you--Neither will be allowed to speak up for himself or herself or to state his or her side of the argument until each has stated the other's ideas and attitudes to the other's complete satisfaction.
Source: Leatz, C. (1997). Career success/personal stress. New York: McGraw-Hill Inc.
Deep, S. & Sussman, L. (1997). What to say to get what you want. Reading, MA: Addison-Wesley Publishing Co.
Parent Reports on TS Conference
On October 16-18, Audrey Mauritzson and her husband Randy attended the National Tourette Syndrome Association Conference in Washington, D.C. What follows is an excerpt of their report of the conference.
...There were sessions on pharmacology, genetics, parenting, advocacy, and anger management. The information received was both useful and empowering; such as new treatments (still experimental) of injected botulum toxins and transcranial magnetic stimulation to enhance or turn down electric brain circuit activity. The anger management panel stressed the importance of teaching the child to focus on their feelings and what's going on inside, in order to help them understand the effects of their tics on themselves and others. The panel suggested 3 absolutes to be observed by all family members during an anger episode; 1) nobody may hurt another person, 2) nobody may damage another's belongings, and 3) when tempers flare, one person must leave the room until calm. The panel also pointed out the difference between punishment, and the 5 elements of discipline which are; 1) clearly relate expectations, 2) consistency- no negotiating, 3) modeling, 4) a mutual search for effective problem solving, and 5) nurturing a positive relationship where empathy and respect flourish.We brought back tons of printed handouts on both child and adult advocacy, anger management, classroom issues, information for teachers, neuropsychological tests, related learning problems, and IDEA and 504. We also purchased a cassette on genetics that clearly explains the origins of Tourette Syndrome. All of this information is now available through the PLUK library.
When to Call the Doctor
Parents often are uncertain about when it is necessary to call the doctor, what constitutes an actual emergency, and what can be dealt with easily at home. Here are some suggestions for parents that you may want to discuss with your child's primary care physician:
Emergency Calls (Day or Night)
Calls About Sick Children during Business Hours
If your child is sick and you want the doctor to see him or her, call ahead for an appointment so you will not have to wait too long. Try to call about sick children during early morning office hours so the appointment can be made for that day.
In most doctor's offices, telephone calls are screened by a nurse who has been specially trained to make a decision about which patients need to be seen by the doctor and how to provide home care for children who do not need to be seen. If the nurse cannot help you, he or she will ask you to bring your child to the office or have your physician call you back.
If your child has an unusual health condition or a disability that affects health, please mention this condition when you call in. Sometimes, the disability or health condition has no relevance and other times it may be important in deciding whether or not the child should be seen.
If the staff answer the telephone and can only take a message, ask for an approximate callback time. While waiting for a callback, try to keep your line open. If your call is not retuned within 60 minutes after the predicted callback time, call again. In general, most calls to physicians can be returned within 15 minutes. Keep in mind, however, that Monday mornings are the busiest time and the most likely time when the waiting period may be longer.
Working Parents with Sick Children
These days most physicians save some appointment times during the last hour of the work day for sick children who need to be seen after school or day care. Make sure your baby-sitter or day-care center understands that they should call you, the parent, before 3:00 pm if your child becomes ill. If you know about the child's illness in time, you can probably make sure that the child is seen that same day.
Well Child Questions
Physicians are generally happy to provide you with the health information you need to be able to handle your child's normal growth and development. Consider placing calls about behavior questions or other well-child issues during regular office hours. The best time to call is usually early afternoon when the office staff is less busy than first thing in the morning.
Nighttime (After-Hours) Calls
After office hours, call the physician only for emergencies or urgent problems that cannot wait until morning. Calls about mild illnesses can usually wait. At night, the telephone lines need to be kept open for urgent calls. Most physicians use an answering service after office hours. The answering service will receive your call and transfer the information to your physician or whoever is covering for the practice. The doctor on call will usually return your call within 15 minutes. If you do not receive a callback within one hour in a nonemergency situation, call again.
Weekend and Holiday Calls
If your child becomes ill or is injured during a holiday, call the answering service. If possible, call before noon so the physician can plan when to see your child. After 5:00 pm, limit calls to emergencies or other urgent problems that cannot wait until morning.
Information for the Physician
When you call the physician have the following information ready:
Always have a pencil and paper handy to take down instructions. Don't be shy about asking the doctor to spell the names of medications that are recommended. Have your child nearby when you are talking to the doctor in case you need to check something about the child's condition (e.g., is there are rash? are pupils dilated?).
Giving some thought in advance to how you will manage medical problems will help you to establish a better working relationship with your child's physician and will also help you as a parent to feel more confident and competent in case of a medical emergency.
Volunteer Opportunities at PLUK Main Office in Billings
Currently we have three volunteer positions needed at the PLUK main office in Billings. If you are interested in volunteering, please call Elizabeth Popp at 406.255.0540 or toll-free 800.222.7585.
Receptionist Volunteer
PLUK serves over 4, 000 individuals with disabilities and their families per year. On average, 80% of contact is over the phone. A volunteer receptionist's main responsibility will be to assist PLUK staff with providing service, referrals and information to their clients via the telephone as well as assisting with general office duties. Commitment is 4 to 8 hours per week. Number of volunteers needed: 4
Computer Lab Volunteer
PLUK houses an Assistive Technology Computer Lab that provides help for individuals with a wide range of cognitive and physical disabilities. A computer lab volunteer is needed to provide general assistance to individuals using the computer lab as well as assist the Assistive Technology Specialist with the Web site and PLUK publications. Commitment is 4 to 8 hours per week. Number of volunteers needed: 2
Library Volunteer
The TRIC/PLUK library is a health sciences library whose purpose is to provide access to disability related information. A Library Volunteer will assist with special projects assigned by the librarian. Commitment is 4 to 8 hours per week. Number of volunteers needed: 2
Remediating Sensory Processing Deficits
Occupational therapist Diana Henry has created videotape training manuals to help teachers, parents and children deal with the frustrations associated with sensory processing deficits. Her latest video, "Tools for Students," is a 30-minute interactive video aimed at enhancing the body-brain connection.
"Tools for Students" shows 26 interactive activities that can be used in the classroom and at home. Designed for children ages 4 to 13, the video is divided into two segments, which include descriptive visuals of each activity. Parents and teachers can start, stop and replay the video as they view this section with children, learning each activity together.
The 26 activities include: movement tools, muscle tools, position tools, writing/cutting tools, mouth tools, body tools, quieting tools and survival tools.
Henry based the tapes on her own teaching experiences and on occupational therapy exercises.
According to Henry, "Adults have fidget toys, desk toys, some doodle while on the phone, some listen to soft music while they're working--they're all accepted in the working world, even in the principal's office." Fidgeting and doodling appear to fill normal human sensory needs. Adults have license to fidget in the workplace, but children may not in the school environment.
Looking at the classroom from a sensory perspective, it is apparent that the standard "quiet" environment with children sitting in rows does not necessarily meet the sensory needs of all students. Some children need absolute quiet to learn, some work better while listening to music. Some children learn best when standing up or lying on the floor.
Henry suggests that the exercises she proposes can be easily integrated into the regular classroom and can help translate medical and therapeutic recommendations into practical uses in the educational setting.
To get more information on occupational therapy for the classroom, contact Diana Henry at 602.504.8788.
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