ICAA Sponsors Trips to the Missouri State Capitol Building | The International Coalition for Autism and All Abilities

ICAA Sponsors Trips to the Missouri State Capitol Building | The International Coalition for Autism and All Abilities

JPMorgan, other employers move to cover costly autism therapies | Reuters

JPMorgan, other employers move to cover costly autism therapies | Reuters

(REUTERS) - Michael Giangregorio's son Nicholas was diagnosed as severely autistic when he was 18 months old. Now 12, Nicholas requires nearly round-the-clock care - special schooling as well as speech, occupational and physical therapy - that can cost tens of thousands of dollars a year.

It's a formidable expense, but starting in January, Giangregorio's employer, JPMorgan Chase & Co, will chip in.

The company announced in late November that it would add comprehensive autism coverage for expensive intensive therapies such as Applied Behavioral Analysis (ABA) to its health plan for 2014. The bank joins about 15 of its Fortune 100 peers, according to the advocacy group Autism Speaks, which expects that number to grow.

As many as one in 50 U.S. school-age children — or about 1 million — have a diagnosis of autism, according to a national survey released by the U.S. Centers for Disease Control and Prevention last March.

The lifetime costs of treating one person with autism could top $2.3 million, according to 2012 research from the University of Pennsylvania and the London School of Economics.

Given the expense, it is no surprise that insurers have had to be prodded to cover many autism treatments. Thirty-four states and the District of Columbia now require insurance carriers to extend coverage for ABA and other autism treatments in some or all of their individual and small-group policies.

But states don't regulate the self-funded policies offered by JPMorgan and other large employers, under which about one-quarter of Americans are covered.

That is changing rapidly. An accelerating number of major companies have been extending their health plans to include autism coverage. Companies announcing this year they will add at least partial benefits include General Motors Co, United Technologies Corp, Chrysler Group and American Express Co.

"Adding this type of benefit has been the biggest request we've heard from employees in recent years, and the outpouring of gratitude has been overwhelming," says Bernadette Ulissi Branosky, JPMorgan's head of benefits.

Even with the required co-insurance, Branosky estimates, most employees who qualify will pay less than $4,000 annually, compared with amounts that run as high as 20 times that.

INSURERS WARN OF HIGHER PREMIUMS

ABA, a form of highly structured one-on-one coaching by trained teachers, has become the most widely used autism treatment in the United States. It is endorsed by the American Academy of Pediatrics, the U.S. Surgeon General and the American Medical Association.

Many insurers, however, still categorize ABA as an experimental treatment, because of a lack of long-term research on its effectiveness, and have largely refused to cover it. School districts must offer some services for school-age children, but parents often bear much of the expense.

ABA's very high cost, as much as $60,000 per year per child, no doubt underlies this reluctance. The Council for Affordable Health Insurance, a Virginia-based association of health insurance companies, says that mandating autism coverage could raise premiums across the board by 1 percent to 3 percent, according to research it conducted in 2009.

That added expense, the industry group has warned, could make basic coverage unaffordable for many Americans.

However, data collected from states that require autism coverage suggests such concerns may be overblown. Two years after requiring coverage, seven states saw monthly premiums rise by 31 cents on average per member, according to figures collated by Autism Speaks. In Arizona's second year of mandated coverage, autism-related claims totaled about $389,000 — less than 10 percent of the $4,900,000 that the legislature forecast.

Lorri Unumb, vice president for state government affairs at Autism Speaks, reports similar results in the private sector. "Companies tell us the additional cost is miniscule, a rounding error that most don't even pass along to employees," she says. JPMorgan, which reported $21.3 billion in profits in 2012, estimates the added benefit for its roughly 200,000 employees in the United States will cost it around $10 million.

OBAMACARE ADDS LAYER OF COMPLEXITY

Federal law governs self-funded health plans, and advocates had hoped that Affordable Care Act's 2010 passage would bring expanded coverage for autism treatment all around. The U.S. Department of Health and Human Services has suggested a national standard could come in 2016, but so far the Obama administration has left it to states to define what the "essential benefits" are that insurers must provide when it comes to autism.

According to Autism Speaks, only 26 states included ABA coverage in their benchmarkhealth insurance plans, which outline the minimum benefits that must be offered on state exchanges.

To see the current state mandates where you live, go to link.reuters.com/fas45v. For an Autism Speaks analysis of the Affordable Care Act and autism, click onr.reuters.com/gas45v.

Many employers with self-funded plans are moving forward even without mandates. Several of the country's major technology companies, including Microsoft Corp and Intel Corp, led the way more than a decade ago, possibly because autism - according to California Department of Developmental Services records - is especially prevalent in Silicon Valley.

The past two years have seen other employers catching up.

Financial services company Capital One Bank is one of the few employers to pay 100 percent of the cost. Tricare, the Pentagon's health insurance plan, asks families to contribute as little as $25 for care regardless of the overall cost.

American Express, in addition to now covering ABA under its health plan, provides guidance for employees with autistic children on topics including educational rights, estate planning and childcare. The company is also in the process of establishing a special-needs support network, pairing parents of recently diagnosed children with those have older offspring with autism.

Employer-sponsored benefits apply to children up to the age 26 under the Affordable Care Act. The CDC defines children as individuals 17 years old and younger.

Giangregorio, for his part, says he is proud JPMorgan has decided to add coverage for ABA and other autism treatments. In the past, he says, Nicholas was not able to get the necessary services he needed, including ABA, due to a lack of insurance. "Fortunately none of my colleagues with autistic children will face that now."

Calls increase for termination of Missouri education commissioner - KansasCity.com

Calls increase for termination of Missouri education commissioner - KansasCity.com

Why aren't any Republicans calling for this?

The legislators asking for Nicastro’s firing or resignation:

Rep. Genise Montecillo, Democrat; Sen. Paul LeVota, Democrat; Rep. Bonnaye Mims, Democrat; Sen. Maria Chappelle-Nadal, Democrat; Rep. Judy Morgan, Democrat, ; Rep. John Mayfield, Democrat; Rep. Ira Anders, Democrat; Rep. Joe Runions, Democrat

Democrats call on Missouri education commissioner to resign UPDATED with DESE reaction - KansasCity.com

Democrats call on Missouri education commissioner to resign UPDATED with DESE reaction - KansasCity.com

Missouri Sen. Paul LeVota has called on Missouri Education commissioner Chris Nicastro to resign.

In a statement, also signed by St. Rep.Genise Montecillo, he said:

“Dr. Chris Nicastro has demonstrated a troubling tendency to abuse power. The recent revelations concerning her involvement in overruling Missouri Department of Elementary and Secondary Education staff to secure a more favorable cost estimate for a ballot measure being proposed by a special interest group is just the latest example...

“We believe the faith that Missourians once had in DESE has been shattered.”

LeVota and Montecillo are Democrats.

Nicastro has been accused of working with well-known conservative activistRex Sinquefield on a ballot measure related to education.

UPDATE:

This, from Peter Herschend, president of the Missouri State Board of Education:

“Commissioner Nicastro’s review of this petition was nothing out of the ordinary. Department staff performed routine consultation on this measure just as when staff consulted on charter school legislation with Rep. Montecillo during the 2013 session.”

Read more here: http://www.kansascity.com/2013/11/26/4651393/democrats-call-on-missouri-education.html#storylink=cp
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Can the School Expel My Son? - Wrightslaw

Can the School Expel My Son? - Wrightslaw

Question 
"Our son is almost 16 years old and is still in the 8th grade. He was diagnosed with ADHD when he was 5. Recently, he was evaluated by a psychologist who found that he has serious learning disabilities. He takes medication and sees a psychologist."

"The school is aware of his diagnosis but have never offered any help."

"Our son has been suspended several times this year - recently, he was suspended for 10 days. The school sent us a letter that they plan to expel him for the rest of the year."
"What did he do wrong? He did not fight or sell drugs. He went home after school with a friend in a car without getting permission first." 

"We have always supported the school but this isn't right. He is so far behind and feels so hopeless about school - if they expel him, I'm afraid he will drop out."

"Can the school expel our son for this offense? Are they just trying to get rid of him? What should we do next?"

Answer
You say the school is aware that your son has ADHD and learning disabilities. He has long-standing academic problems. The school has retained him. Despite evidence that he has a disability that is adversely affecting his educational performance, the school has not offered to evaluate him nor have they provided any special education services. 

After suspending him several times, they decided to expel him. His "offense" is not related to weapons or drugs. He isn’t a danger to himself or others. You ask, “Can they do this?”

Yes, they can do this if you, the child's parents, don’t know his right and your rights or don’t know how to assert your rights. If the school has not evaluated your son or found him eligible for special education, it’s unlikely that you know these rights.

Here are some general suggestions about how to proceed. 

Get Your Emotions Under Control

Read our article, Emergency! Crisis! Help! In this article, you will learn what to do (and not do) when you are in the middle of a crisis, and how to make short-term and long-term plans.

Consult with an attorney who is knowledgeable about special education issues.
An attorney can help you decide how to proceed, given the law in your state or jurisdiction.

How to Find an Educational Consultant, Advocate, Attorney offers strategies to find an advocate or attorney who represents children with disabilities.

For a list of parent attorneys, visit the Yellow Pages for Kids with Disabilities for your state and the Council of Parent Attorneys and Advocates website.

Talk to your son’s psychiatrist and psychologist.

To deal with the school, you need help from outside experts who know your son. Because the school retained your son and did not provide him with special education services, he has fallen far behind his peers. To master the necessary skills to succeed in life, he will need intensive educational help. What are his educational needs? How can these needs be met? 
Write a letter to the school advising them that you do not agree to the expulsion.

Use the letter you sent to us as the basis for your letter. Describe the problem and your concerns about your son. In your letter, do not point fingers or blame the school overtly. More advice about letter writing and sample letters.

Learn about your son's and your parental rights and responsibilities.

Here is some general information to help you get started. 

* Read the discipline section of the Individuals with Disabilities Education Act. Discipline is in Section 1415(k).
 

Our book, Wrightslaw: Special Education Law, includes the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Family Educational Rights and Privacy Act, all implementing regulations, and decisions issued by the U. S. Supreme Court in special education cases.

* Read Frequently Asked Questions About Discipline from the Office of Special Education Programs (OSEP)
* Read the decision in Community School District No. 93 v. John F. - this case has similarities to your son's situation. Decision in PDF. Decision in MS Word. 

Learn how to be an effective advocate for your son.

Our Advocacy page includes dozens of articles that will help, including:

Advocating for Your Child - Getting Started. Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools.
From Emotions  to Advocacy - The Parents Journey - Strong emotions cause parents to react, often with damaging results. Don't shoot yourself in the foot. If you are having problems with the school, use your head. 

Discipline of Children with Special Needs by William B. Reichhardt, Esq. - Wrightslaw

Discipline of Children with Special Needs by William B. Reichhardt, Esq. - Wrightslaw

Note: Bill Reichhardt presented this program about discipline of students under IDEA or Section 504 at the 2013 Institute of Special Education Advocacy.

Our starting point is children who have been identified as having a disability under IDEA or Section 504.

Students who have not yet been determined eligible under IDEA prior to the misconduct may invoke the procedural and due process protections if it is later determined that they were eligible at the time of the misconduct.

The school is deemed to have knowledge of a child’s disability if:

• The parent has expressed written concern that the child may need special education services.
• The school notes pattern of behavior or performance that indicates a need for special education services.
• The parent has requested an evaluation for eligibility for special education services.

Short and Long term Suspensions

• Short term suspension – up to 10 consecutive school days or 10 cumulative school days in a year.
• Long term suspension – more than 10 consecutive school days.
• Expulsion: 365 days.

Ten Day Rule

• A special education student can be removed to an appropriate interim alternative educational setting for not more than 10 consecutive dayswithout this removal being considered a change of placement.
• Be aware of patterns of short-term removals that act as placement changes. May be called something different – a placement that is not his placement in the IEP.

Continuation of Services

This is an area of law that continues to cause confusion. Some schools believe they don’t need to provide any instruction while the child is suspended or expelled. Or schools believe that because he’s suspended, they can change placement.

School districts must continue to provide educational services for special education students who have been suspended for more than 10 days or have been expelled.

What is a Change of Placement?

A change of placement occurs when:

– child has been removed from more than 10 consecutive school days; or

– the child has been subjected to a series of removals that constitute a pattern -

• Series of removals total more than 10 school days in the school year
• The child’s behavior is substantially similar to previous incidents of removal
• Consider total amount of time/proximity of removals

In-School Suspensions

In school suspension may not be considered a change of placement triggering due process if:

– The student is afforded opportunity to progress in the general curriculum

– the school continues to provide services under the IEP

– student continues to participate with nondisabled students to the same degree

Manifestation Determination Review (MDR)

• If the child is faced with expulsion or long term suspension (over 10 days), the school must determine whether the behavior is a manifestation of the child’s disability.
• If a manifestation, the disciplinary suspension must end and the behavior must be addressed through the IEP process
• MDR must be done within 10 days from the date of the suspension/expulsion decision (removal of the child from the placement)
• MDR is done by the IEP team

Special Circumstances when a MDR is not Required

The student may be removed to an interim alternative educational setting for not more than 45 school days without a MDR if:

– The student is in possession of a weapon at school, on school premises or at a school activity.

– The student knowingly possesses, uses, sells or distributes illegal drugs while at school or school functions.

– The student has inflicted serious bodily injury on another person at school or on school premises.

Criteria for the MDR

The behavior for which the child is being disciplined was caused by, or had a direct and substantial relationship to, the child’s disability, and /or

The behavior was the direct result of the schools failure to implement the IEP.

If the Behavior is a Manifestation of the Child’s Disability:

• The school must either – conduct a functional behavioral assessment (FBA) and implement a behavior intervention plan (BIP) or
• If a BIP has already been developed, review the plan and modify as needed.

If the Behavior is not a Manifestation of the Students Disability

If the behavior was not a manifestation of the students disability, the student is subject to the same discipline for misconduct as children without a disability – however, the student must continue to receive education services to allow the child to progress under the IEP.

Preparing for the MDR: Marshalling the Evidence

• Quickly obtain the discipline packet from the school – incident report, student’s statement, witness statements, teacher summaries etc. (ask about video tape).
• Review all current evaluation material for the student (school /private testing); prior FBAs, BIPs
• Identify potential experts – therapists, physicians etc. – get releases

Basics of Defending the MDR

• Have a thorough understanding of the nature and scope of the student’s disability.
• See how the school has previously described the manifestation of the student’s disability- in the IEP, FBA, BIP.
• Objectively assess the defense of the MDR. Do not stretch credibility.

Preparing Expert Input for the MDR

• Experts such as a child’s therapist or physician should have a clear understanding of the criteria for the MDR.
• Give experts a copy of the incident report and student statement(s).
• In giving written or verbal input, expert should reference specific facts of the incident and link to the child’s disability using the MDR criteria.

MDR Tactics from the Trenches

1. If you need more time to gather existing relevant evidence, offer to do a written waiver of the 10 day rule.

2. If refused, offer the waiver in writing and cite the reason. This could help you on appeal.

3. If your experts are helpful, get releases for them to speak to the school about the MDR criteria, in addition to written submissions.

4. If you have a good defense,  turn the MDR into a collaborative problem solving effort. Focus on “ direct substantial relationship.”

5. Prepare your response to the “intentional misconduct” argument by school personnel who “don’t believe in special ed.”

Behavior Intervention Plans

Should be written and should describe specific positive behavioral interventions.

Are used to help a student with behavioral problems function in the least restrictive environment.

Should be made part of the student’s IEP (but not required).

Expedited Due Process Hearing

Parent may request if:

• Contest “non causal” MDR finding
• Disciplinary placement decision

School may request if child is dangerous in current setting.

Common Appeal Issues in Discipline Cases

• Findings and Procedures in the Manifestation Determination Review (MDR).
• Denial of FAPE by extended homebound exclusion without adequate services.
• Failure to provide FAPE in an alternative learning environment.

School Learns Lessons After "Scream Room" Investigation | NBC Connecticut

School Learns Lessons After "Scream Room" Investigation | NBC Connecticut

A year and a half after a “scream” room investigation at Farm Hill Elementary School in Middletown, the Superintendent of Schools said the staff has been completely retrained, and school policies reevaluated.

Dr. Patricia Charles said educators at Farm Hill have been working with the State Department of Education to learn how to deescalate a child’s behavior before resorting to seclusion, a process in which children are placed in empty rooms and monitored by an adult until the child calms down.

“We do still have the rooms at Farm Hill School,” said Dr. Charles, who was hired after the allegations first came to light.

In 2012, Farm Hill School parents complained of children coming home and describing screaming students being dragged into seclusion rooms in the school. Investigations by the State Department of Education, Department of Children and Families, Office of Protection and Advocacy for Persons with Disabilities, and Office of the Child Advocate concluded that staff were not notifying parents regularly when a child was placed in the room.

SEE THE FULL REPORT HERE

The investigation found huge holes in state-mandated documentation of the use of the rooms. The investigations also revealed that of the 15 children placed in seclusion that school year, only four had individualized educational programs in which parents were aware of the use of that technique.

A federal investigation by the U.S. Department of Education’s Office for Civil Rights is ongoing.

“We wanted to make sure we were doing it correctly, the State wanted to make sure we were doing it correctly, and so together, through their guidance, we've been able to put together a good plan so we don't end up with those same issues again,” Dr. Charles said.