Persons with Exceptional Needs
Translation Services
Immigrant parents report faulty, slow translation of special education documents EdSource November 17, 2023
"The bill passed the Senate, the Assembly Education Committee and the Assembly Appropriations Committee with no opposition. But an analysis by the Assembly Appropriations Committee found that the bill could cost the California Department of Education $409,000 annually and could cost school districts between $6 million and $16 million, which might also have to be reimbursed by the state. Believing there was a risk the bill could be vetoed this year because of those costs, Portantino said he chose to make it a “two-year bill,” giving it more time to be discussed in the Legislature and with Gov. Gavin Newsom."
Understanding SB 445 April 10, 2023
" SB 445 would require local educational agencies (LEAs) to provide parents or guardians with a translated copy of the IEP including any revisions, within 30 days of the IEP meeting, if requested, or within 30 days of a later request, if the translation requested is in one of the top eight non-English languages in the district. The bill would also require IEP documents to be translated by a qualified translator, as defined in the bill. "
Legal settlement requires Chicago to offer translation services to parents of students with disabilities (Chicago, Illinois) July 1, 2022
"That should no longer be the case, thanks to a legal settlement reached earlier this month between Chicago Public Schools and a group of families, including Przytulinski’s. It will guarantee language interpretation services to the families of students with disabilities. The Illinois State Board of Education reached a similar settlement late last year.
The settlement mandates Chicago Public Schools provide language translation services for non-English speaking parents at all IEP meetings, which are required by federal law for students with disabilities who are receiving services.
Under the settlement, CPS also agreed to hire 10 full-time certified interpreters or translators, five of whom will serve only in those roles and provide translated versions of documents including reports, evaluations, and recommendations within 30 days of IEP meetings.
Parents can also request the interpreter not be a part of the IEP team. It can be difficult for interpreters to be impartial if they are playing a dual role, which makes the provision a critical component of the settlement, said Olga Pribyl, program vice president of the special education rights clinic at Equip for Equality. "
SB 445 Special education: individualized education programs: translation services. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB445
This bill requires a local educational agency (LEA) to provide a parent with a copy of the individualized education plan (IEP) including any revisions, within 30 days of the meeting, if requested, or within 30 days of a later request, if the translation requested is in one of the top eight non-English languages in the district.The bill also requires IEP document to be translated by a qualified translator.
San Francisco Unified School District and County Office of Education Translation and Interpretation Board Policy March 1, 2022
RESOURCES
American Association Of Interpreters And Translators In Education
ASTM Standard Practice for Language Service Companies
AI (Artificial Intelligence) PROJECTS AND RESOURCES
Equitable Engagement Lab at the Burnes Center for Social Change
Chairman Peters Opening Statement As Prepared for Delivery Full Committee Hearing: AI and Service Delivery January 10, 2024
Educate. Advocate. Sponsored Bills Signed into law by Governor Newsom in 2023
AB 611 Special Education: nonpublic, nonsectarian schools or agencies: change in certification status: parental notification. Signed into law by Governor Newsom
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB611
This bill will require local educational agencies to alert parents and/or guardians via email or mail within 14 days of becoming aware of any change in certification status of a nonpublic school.
AB 1466 Pupil discipline: restraint and seclusion:reporting. Signed into law by Governor Newsom https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1466
This bill will require local school districts to post the same data that they submit to the California Department of Education on to their website annually.
Gender
"...You know I mentioned for example, currently in our system we only ask about gender being male and female. But there's obviously a number of questions about that and for minors in front of their parents for example where you know how we ask that and in particularly in different cultures could be extremely sensitive so a lot of training for service coordinators about how to ask that, when to ask that, when not to ask that. Uh how to do it publicly or privately in the course of the conversation um you know that's just one example... so a lot of training.." Pete Cervinka, Chief of Data Analytics and Strategy DDS Department of Developmental Services California Senate Budget Human Services Committee Hearing March 21, 2024
California Budget 2024
California State Senate Early Action Plan Shrink the Shortfall March 14, 2024
Disability Service Provider Rate Budget Request Letter March 8, 2024
Governor Gavin Newsom has proposed to delay a $1 billion investment in critical supports and services for Californians with developmental disabilities. Our community has endured underfunding for decades. It weakened the direct support workforce, making it harder for people with disabilities and their families to access reliable services. State leaders know how urgent it is to stabilize the disability services system. That’s why they planned a funding increase this year. The impact of delaying this desperately needed funding will be nothing short of a cut to services.
In fact, it is one of the LARGEST proposed delays or cuts in the Governor’s 2024-25 state budget. This is unacceptable and will be tragic to safety net services! This setback sends a message that the promise of the Lanterman Act – made to 458,000 Californians with disabilities and their families – is not a priority to the state.
Your heroic advocacy efforts in 2022 resulted in overwhelming bi-partisan support from our Senators and Assemblymembers to ensure services through regional centers are more adequately funded by July 1, 2024. Now, the Governor wants to delay that funding!
Keeping the promised funding implemented THIS YEAR would:
- Address an acute workforce crisis by offering competitive wages to attract and retain direct support professionals who deliver vital, hands-on services and support to people with disabilities;
- Improve access to housing, transportation, individualized programs, and desperately needed respite services for parents, families, and most importantly, the people benefitting from support.
Once again, we need ALL OF YOU – individuals with developmental disabilities, their families, support staff, service providers, regional centers and advocates – to TAKE ACTION!
Individuals with developmental disabilities and their families are receiving only a fraction of their authorized services or going without services altogether due to critical staffing shortages. Waitlists for housing and other programs continue to grow.
Join the disability community in urging the Legislature to reject the Governor’s proposal delaying $1 billion for the disability community, and make the investment on July 1, 2024, AS PROMISED. It can’t wait!
Let’s ensure the 458,000 Californians and their families are protected and not living in a state of crisis.
Together, we can put people with disabilities on a path to thrive THIS YEAR! Californians with disabilities and the professionals who serve them deserve a chance to live full and equitable lives. Taking this action NOW can ensure access to the quality services that individuals with disabilities and their families rely on and deserve.
California must commit to these investments THIS YEAR to address the workforce crisis and ensure that Californians with disabilities can THRIVE and not just survive.
TAKE ACTION NOW!
#IDDPathToThrive
RESOURCES and REPORTS
2024-25 Lanterman Coalition Public Policy Priorities
2024 THE CASE FOR INCLUSION Transforming Temporary Progress into Long-Term Sustainability
Department of Developmental Services REMOTE SERVICES through June 30, 2025
Policy Brief: A Voluntary License Identifier to Support People with Disabilities
CALIFORNIA COLLABORATIVE FOR EDUCATIONAL EXCELLENCE Statewide System of Support Resource Hub
Fiscal Year 2023-2024 In-Home Supportive Services Program Public Authority Allocations
2022 Report to Congress on Supportive Services for Individuals with Autism
FEMA Disaster Preparedness Guide for Adults
A Parent's Guide to Special Education (English)
(Spanish)
US Department of Education STATE GENERAL SUPERVISION RESPONSIBILITIES UNDER PARTS B AND C OF THE IDEA July 24, 2023
The Impacts of Extreme Weather Events on People with Disabilities May 4, 2023
CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES EARLY START INFORMATION PACKET APRIL 2023
The Department of Developmental Services Has Not Adequately Reduced Barriers to Some Families’ Use of In-Home Respite Services Auditor of the State of California August 30, 2022
Self Determination Fair Hearings Report through 2022
Framework to End Health Disparities of People with Disabilities National Council on Disability February 2022
State of the Workforce 2022 National Core Indicators Intellectual and Developmental Disabilities
California Statewide Individualized Education Program (IEP) Workgroup Report October 1, 2021
Special Education Finance in California Public Policy Institute of California November 2016
Restraint and Seclusion in California
"OCR determined that the district placed three of its students with disabilities in nonpublic school settings and violated their rights under Section 504 and Title II because the district:
- Failed to ensure that district staff making placement decisions for these students had access to and carefully considered information obtained about the use of physical restraint and/or seclusion with these students.
2. Separately failed to ensure that those making decisions regarding behavioral interventions for these students were knowledgeable about each student, the meaning of the evaluation data, and the placement.
3. Failed to reevaluate these students to determine whether the repeated use of restraint and seclusion for these students denied them a FAPE and if additional aids and services were appropriate to provide a FAPE. And,
4. Denied a FAPE to all three students based on the above failures and resulting harms to the students."
"Throughout the investigation, OCR found that one of these students died after being subjected to a prolonged restraint that was preceded by at least four other restraints by the nonpublic school of which the district was aware. It was further found that the other two students were subjected to repeated restraints and seclusions, costing each student multiple total days less classroom instruction than their peers who were not subject to such restraints and seclusions. OCR found that that district did not visit the nonpublic schools following notification of their repeated use of restraints and seclusions."
Office Of Administrative Hearings
OAH Special Ed Decisions Database
United States Court of Appeals For The Ninth Circuit
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From: Nancy Fellmeth, FEAT President, on behalf of
FEAT's Board of Directors
Re: FEAT's Amicus Brief on behalf of Andrew Findley
For a quick 78-second preview of state government overreach, watch clip:
What is an amicus brief? An amicus brief is presented to the Court by an interested party, on behalf of a larger group, which is the families of FEAT. It gives FEAT the opportunity to present the Court new information and to offer a perspective that has previously not been addressed. The brief is presented to the Court by an attorney when an organization is involved. Our attorney prepared the final document to be presented at no charge to FEAT because she believes in the cause. We thank her for that invaluable service.
What is FEAT's position in this case? FEAT believes that best practices for behavioral therapy are not being followed and offers peer reviewed research to support our position. In addition, we discuss the effect this has on all other aspects of Andrew Findley and his family’s lives. We thank those professionals who have helped us with research so we can better understand complex behavioral issues. In the process, we learned more about the effects of choice on behavior and invite you to learn something new as well.
Please read FEAT's amicus brief, which takes about five minutes:
Actions Speak Louder: Send Governor Newsom a quick message by phone or online asking him to personally investigate Andrew’s case. Click here for instructions and sample text.
Let your respective legislators know how you feel about this issue and ask for their help to investigate existing cases like Andrew’s where the family wishes to have their family member home with them.
There must be a more family friendly way to deal with these disagreements that doesn’t hurt the very person we should all be focused on helping. Thank you for your time and responsiveness.
ABC10 Docuseries: The Price of Care
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Articles of Interest
California’s proposed budget cuts would leave many autistic young adults without a safety net April 17, 2024
"The proposed delay in the rate increase would reduce state funding for those programs by $612.5 million while sacrificing $408 million from the federal government, resulting in a total reduction of $1 billion, according to the Legislative Analyst’s Office.
This proposed delay places a burden on already challenged regional centers, service providers and staff “who have case loads that are way beyond what they should be in order to serve the community,” Rollens said.
There’s also the added fear that the final rate increase won’t take place next year.
“If the economy continues to go down or we’re faced with the same level of deficit next year, there’s no guarantee that this delay doesn’t turn into a permanent, ‘Sorry, we just can’t give you the money,’ type situation,” Rollens said.
Without adequate staffing, young adults who aren’t getting support are often home without assistance, and parents are left scrambling for care, Lindsey said."
NHS cannot meet autism or ADHD demand, report says April 4, 2024 (United Kingdom)
"The extraordinary rise in demand for autism assessments and ADHD treatments in England has overtaken the NHS's capacity to meet it, a think tank says.
Since 2019, there has been a five-fold rise in people waiting to see an autism specialist and a 51% increase in prescriptions for ADHD medication, according to the Nuffield Trust.
Growing backlogs and longer waiting times are negatively impacting people's daily lives, it warned."
‘I should decide if my vulnerable adult son has a Covid vaccine – not a judge’ April 3, 2024 (United Kingdom)
"Her fear about the vaccine stems from whether the messenger RNA vaccine(mRNA) – which essentially tells a cell how to make a protein to trigger an immune response to Covid – is suitable for someone suffering a chromosomal abnormality and a heart condition."
Nonspeaking People With Autism May Know More Than Previously Thought April 2, 2024
"“Our study shows that nonspeaking autistic people’s capacity for language, for learning and for literacy has been seriously underestimated,” Jaswal said. “With appropriate instruction and support, it might be possible to harness these skills to provide access to written forms of communication as an alternative to speech. Learning to express themselves through writing would open up educational, employment and social opportunities that nonspeaking autistic people have historically not been given access to.”"
SSI/SSP Grants: Moving in the Right Direction, but Still Not Enough March 2024
"Despite the recent increase, grant levels remain insufficient due to damaging budget cuts made by the state during the Great Recession. During this period, the state eliminated the Cost of Living Adjustment (COLA) for the SSP grant. Had the COLA been preserved, grant levels would have already exceeded the FPL. Restoring the COLA can ensure that grants keep up with rising costs especially given recent inflation trends."
Updating SSI Would Improve the Economic Resilience of Low-Income Women March 7, 2024
"Program rules that discourage the accumulation of assets may reinforce hardships that female beneficiaries experience given that, in general, women tend to face greater difficulties building wealth than men.18 Additionally, women with disabilities are more likely to be poor than both men with disabilities and individuals without disabilities; stringent income and asset limits, therefore, may have an even greater negative effect."
Federal court dismisses case against Iowa governor’s ban on school mask mandates IOWA February 27, 2024
"Reynolds appealed, and the federal court’s ruling orders dismissal, saying those who brought the lawsuit didn’t have standing to sue the state over the law. While COVID-19 remains an “ever-present concern in society,” the court said, the general risks “are not enough to show ‘imminent and substantial’ harm for standing” since they are speculative.
The court also dismissed the claims saying they did not clearly establish a connection between Reynolds’ action – the law or its enforcement – and the alleged injury of enduring COVID-19 and its risks."
Why One School District Spent $1 Million Fighting a Special-Education Student February 23, 2024
"Sharon Landers and Joseph Gagliano never expected to spend years in court fighting their public-school system.
But when the Irvine Unified School District initially disputed their daughter had dyslexia and denied her the special-education assistance they felt she needed to graduate, they hired a lawyer. They hoped to reach a quick settlement.
Instead, the district appealed every ruling that went in the family’s favor, taking the case to a federal appellate court, one step below the U.S. Supreme Court.
Irvine Unified has now spent more than $1 million in legal fees fighting Landers and Gagliano, who requested that the district pay about $40,000 a year for their daughter to attend a specialized private school to address her learning disabilities if it wouldn’t provide the help itself."
Caregiving Pressures Mount For Families Of Those With IDD January 22, 2024
"With fewer and fewer services available for individuals with developmental disabilities, a survey of thousands of caregivers across the country finds families increasingly strained.
Caregivers say they’ve taken on more themselves and the quality of life for the person they support has declined since the COVID-19 pandemic upended many disability services.
Nearly all caregivers report that they are stressed with a growing number indicating that they are “very stressed.” More than half say that they are very or extremely stressed."
"In conclusion, our study presents evidence that the COVID-19 mRNA BNT162b2 vaccine impacts the WNT pathway and BDNF levels in rats, with particularly pronounced effects observed in males. These male-specific outcomes, including autism-like behaviors, reduced neuronal counts, and impaired motor performance, emphasize the potential neurodevelopmental implications of the vaccine, aligning with existing literature on the roles of the WNT pathway and BDNF signaling in neurodevelopmental disorders."
State Superintendent Tony Thurmond Appoints Special Education Local Plan Area Director Dr. Rachel Heenan as New Director of Special Education Division (CALIFORNIA) January 5, 2024
"State Superintendent of Public Instruction Tony Thurmond announced that he has appointed Dr. Rachel Heenan as the new director of the Special Education Division at the California Department of Education (CDE). The Special Education Division provides information and resources to serve the unique needs of individuals with disabilities so that each person will meet or exceed high standards of achievement in academic and non-academic skills. Dr. Heenan will support the CDE's efforts to aid schools and engage families and educators in ways that ensure the unique needs of students with disabilities are met."
Inadequate SSI/SSP Grants Leave Californians Unable to Afford Basic Needs January 2024
"California’s aid to low-income seniors and people with disabilities cannot compete with the high cost of housing. The Supplemental Security Income/State Supplementary Payment (SSI/SSP) grants help over 1 million low-income older adults and people with disabilities pay for housing and other necessities. However, the current individual grant of $1,183 is less than the Fair Market Rent (FMR) for a studio apartment in 25 counties."
Statement on the situation of persons with disabilities in Israel and the occupied Palestinian territory October 27, 2023
"We stress that an immediate ceasefire, including cessation of all hostilities by all parties, is the most effective and immediate way to protect and ensure the safety of all civilians including those with disabilities.
We call on all parties to fully respect their obligations under International Humanitarian Law and human rights law, including the United Nations Convention on the Rights of Persons with Disabilities, – in particular Article 11 of that treaty, as well as the United Nations Security Council Resolution 2475 on persons with disabilities during armed conflict. Nothing justifies targeting civilians and denial of their very basic human needs and rights. "
Parents of special ed students who don’t speak English face another hurdle October 25, 2023
"Nationwide, roughly 1 in 10 students who qualify for special education also identify as English learners, according to federal education data, and that share is growing. About 791,000 English learners participated in special education in 2020, a jump of nearly 30% since 2012."
Federal Court Finds School Policing Violates Disability Rights Laws October 24, 2023
"In its decision, the Court found Defendant MVUSD discriminates against students with disabilities in the following ways: (1) Allowing teachers to refer disabled students to school police for disability-related behaviors; (2) failing to train school police about students with disabilities; and (3) authorizing school police to physically restrain, handcuff, and/or refer students with disabilities to law enforcement for students exhibiting disability-related behaviors. As a result of MVUSD’s policies and practices, students with disabilities, especially Black students with disabilities, are placed in handcuffs and referred to police at staggering rates."
Payment Rates for Medicaid Home- and Community-Based Services: States’ Responses to Workforce Challenges October 24, 2023
"Long-standing workforce challenges in Medicaid home- and community-based services (HCBS) were exacerbated by the pandemic and addressing them is the top priority for most state HCBS programs. New flexibilities combined with funding provided through the American Rescue Plan Act helped states enact new policies to address those issues during the pandemic, but many of those policies are ending and federal funding will expire. This issue brief describes states’ ongoing efforts to respond to the workforce crunch and how they pay HCBS workers, which are central challenges in ensuring that HCBS services are accessible to the 4 million Medicaid enrollees who use them. The data come from the 21st KFF survey of officials administering Medicaid HCBS programs in all 50 states and the District of Columbia, which states completed between May and August 2023. The survey was sent to each state official responsible for overseeing the administration of HCBS benefits (including home health, personal care, and waiver services for specific populations such as people with physical disabilities)."
The USPSTF anxiety recommendations do not address people with intellectually disability -- A New JAMA viewpoint shows how ridiculous academics are becoming September 26, 2023
"At some point we have to admit we fail people by not running randomized studies. We have failed the general population, and of course we failed people with intellectual disabilities.
Put another way: USPSTF is barely able to make recommendations for average risk people. They don’t have specific guidance for women with Li Fraumeni or other cancer syndromes, now you want them to issue guidance for doctors taking care of people with intellectual disabilities who might be anxious?"
Emergency room doctors beg for help treating children with mental health illnesses August 16, 2023
"She said that the number of kids seeking psychiatric emergency care in her ER has grown from approximately 30 a month in recent years to 30 a day...."
"Jenkins said that children as young as six are coming in, often talking about suicide.
"This crisis is only getting worse," she said. "It's not getting better."
The call for help comes as the number of children and teenagers with mental health problems skyrockets. A February study from the Centers for Disease Control and Prevention, for example, found an "unprecedented level of hopelessness" and suicidal thoughts among the nation's youth.
"The bulk of these children are coming in with depression, anxiety and trauma," Jenkins said."
Millions of kids are missing weeks of school as attendance tanks across the US August 11, 2023
"In New York, Marisa Kosek said son James lost the relationships fostered at his school — and with them, his desire to attend class altogether. James, 12, has autism and struggled first with online learning and then with a hybrid model. During absences, he'd see his teachers in the neighborhood. They encouraged him to return, and he did.
But when he moved to middle school in another neighborhood, he didn’t know anyone. He lost interest and missed more than 100 days of sixth grade. The next year, his mom pushed for him to repeat the grade — and he missed all but five days.
His mother, a high school teacher, enlisted help: relatives, therapists, New York’s crisis unit. But James just wanted to stay home. He's anxious because he knows he's behind, and he's lost his stamina."
School districts must offer students with disabilities alternative summer programs when needed August 11, 2023
"When considering the summer program for a disabled student who is educated in an integrated setting during the regular school year, the district must explore options for an integrated summer program even if the district is not offering one.
“The Court’s decision strongly rejects a statewide policy that has resulted in thousands of students with disabilities being educated in segregated classes solely for reasons of administrative convenience,” said attorney David German of Vanaman German LLP."
Extension of 1915(c) Home and Community-Based Services Waiver Appendix K Expiration Dates August 2, 2023
Why is the Federal Government removing parental consent for special education services? July 19, 2023
"Again, while the rule change may seem innocuous - a simple change in accounting that only concerns the bureaucratic administrators processing the paperwork - the implications are in fact far-reaching. Even before the past few legislative sessions and the transgender issue became the focus of our attention, many states had laws that allow for minors to consent to some medical procedures. As more schools offer more health care services, it will further blur the lines between parental rights, the rights of students, and the role of educators as well as government officials generally."
‘Humiliating’: Mom, son with autism thrown out of NJ theater for using ladies’ room July 31, 2023
"Gallinaro said no one in the ladies’ room complained. She said many understood that her son has special needs and needed an adult to help him. But the theater manager let her and her son know she disapproved.
“I asked her if there was a problem. I explained that he was disabled, and she said a grown man should not be in this bathroom,” Gallinaro said.
Gallinaro said the manager called security and then the police to eject them from the movie theater. On the cellphone video, Gallinaro said it was clear to her that the security and police were sympathetic to her plight."
SBHCs and the anti-parent agenda July 13, 2023 (SBHC=School Based Health Centers)
"SBHCs are intended by the Biden-Harris administration to be the “medical home” for your child, including primary health care services, reproductive counseling, dental care, and mental health counseling, replacing what the child would typically receive from providers outside of the school. Even worse, the Department of Education (DOE) has proposed changing the process for students with Individualized Education Plans (IEPs), removing the requirement for schools to receive parental consent before submitting Medicaid claims for reimbursement on behalf of their children. Their stated purpose for doing so is to streamline their process for reimbursement, overcoming a perceived administrative burden, while prioritizing Medicaid as the primary school funding source for providing legally required services to students with disabilities. When schools make Medicaid claims on behalf of the child, care and services parents seek outside of school risk being denied, preventing the child from getting the care he or she needs. "
Childhood developmental disabilities spiked during COVID-19 pandemic, says CDC July 13, 2023
"Diagnosed developmental disabilities in children and teenagers soared during the COVID-19 pandemic, the Centers for Disease Control and Prevention reported Thursday.
Reported delays in physical movement, language, social awareness and brain functioning among children ages 3–17 rose from 7.40% in 2019 to 8.56% in 2021, the CDC said.
Boys were three times likelier than girls to develop autism spectrum disorder, the federal agency noted."
Nearly 1 in 10 U.S. children have been diagnosed with a developmental disability, CDC reports July 13, 2023
"The share of American children who have ever been diagnosed with a developmental disability increased again in 2021, according to a new report from the Centers for Disease Control and Prevention, and now more than 1 in 10 boys have had an intellectual disability, autism spectrum disorder or another developmental delay.
Among kids ages 3 to 17 years old, 8.56% have ever been diagnosed with any developmental disability as of 2021, according to the latest results from the agency's ongoing National Health Interview Survey."
Report: Nearly 10,000 preschoolers with disabilities did not get services last year (New York) June 6, 2023
"Nearly ten thousand preschoolers with disabilities went without the services they were legally entitled to last school year, according to a new report from the organization Advocates for Children.
The report, based on data the education department is required to release annually, found that 37% of all preschoolers with disabilities, or 9,800 went the entire 2021-2022 school year without having a single session of a service the education department is legally required to provide them — like speech, occupational or physical therapy, or visits from a special education teacher.
“The failure to provide these mandated services to these children is really a systemic violation of their legal rights. And unfortunately, we just know that the problem persists this year,” Betty Baez-Melo director of the early childhood education project at Advocates for Children, said."
Many young kids missed early special ed services due to COVID, compounding work for schools May 24, 2023
"Of particular concern, the report’s authors said, was the “striking” 23% drop in Black children who received early childhood special education services, as those students were already much less likely than their peers to get this kind of extra help. By comparison, 18% fewer white children and 3% fewer Hispanic and Asian American children were placed in early childhood special education.
Meanwhile, Asian American infants and toddlers saw the biggest dip in early intervention services — down 21% — though the declines for the youngest children were more similar across race and ethnicity than they were for the older children.
Steven Barnett, a Rutgers professor who co-authored the report, said those racial disparities “are not just unfair, they’re harmful.”
End of Pandemic Food Assistance Could Push Millions over the Hunger Cliff California Budget & Policy Center May 23, 2023
"However, this additional funding came to an end in March, which reduced families’ monthly CalFresh assistance by at least $95, and up to $258 in some cases, amid rising food prices. Already, 1 in 4 families nationwide are reporting increased levels of food insufficiency, according to recent Census data. This figure is on par with states that ended their participation in the EA program before the benefits expired federally. The loss of these additional food benefits is expected to undermine the recent decline in child poverty. With the federal Farm Bill up for reauthorization this year, federal policymakers should improve benefit adequacy in order to keep up the progress made in recent years. In addition, state leaders should take steps to raise the CalFresh monthly benefits and broaden eligibility to currently excluded Californians to avoid pushing millions of families over the hunger cliff."
Education Matters: Del Mar Union found out of compliance with special education laws May 17, 2023
"He said the CDE ruled that the Del Mar Union School District “has illegally been denying disabled students and their parents needed assessments” and has ordered the district to take a number of corrective actions.
Those include stopping the non-compliant practice, training staff on how to respond appropriately to such requests, and providing compensatory education, similar to damages, to the student “to make up for lost services.”
As proof that the district is taking corrective action to address its out-of-compliance practices, the CDE is requiring the district to submit acceptable evidence."
California’s Autism Epidemic Worse Than Ever May 2023
"The 1 in 22 autism prevalence rate for California in the 2020 data represented a noticeable increase from the 1 in 26 rate found in the data collected from the ADDM Network in 2018.
There was no autism prevalence data for California reported as part of the ADDM Network analysis in 2016, but if you use the 1 in 65 autism prevalence rate for kindergartners (generally children 5-6 years of age) provided by the California Department of Education for that year to gauge a five-year trend (2016-2020), it is curious to observe the dramatic increase in autism prevalence in the state post-2016—the year SB 277 was implemented."
New Mexico Advocates Score a Major Win for Direct Support Professionals April 26, 2023
"On April 5, 2023, New Mexico Governor Michelle Lujan Grisham signed House Bill 395 into law. This legislation is the result of a year-long effort of a broad-based coalition (including PHI) of caregivers, advocates, care recipients, legislators and employers working together to strengthen the direct care workforce. By requiring annual data collection on the Direct Support Professional (DSP) workforce and using a wage calculation for these workers who care for persons with developmental disabilities that is 150% of the state’s minimum wage, the legislation advances the policy agenda on wage increases for this vital workforce."
Brownsburg police: Video shows student being told to eat his own vomit with a spoon as staffers watched April 26, 2023
"According to the probable cause affidavit, video showed the incident and the involvement of the five staff members. None of them reported what happened."
Disability Rights Groups Sue to Overturn California’s Physician-Assisted Death Law April 25, 2023
"People who choose to use drugs supplied by a doctor to kill themselves may not realize they could instead receive help managing their pain, potentially including sedation that can render them unconscious, said Ingrid Tischer, one of two individual plaintiffs in the lawsuit.
“It really does create two classes of people” based on whether they are perceived to be terminally ill, said the 57-year-old Berkeley resident. “One side gets [suicide] prevention, one side gets a [life-ending] prescription. And that is discriminatory.”
Tischer was born with a type of muscular dystrophy, a progressive disease that now makes it difficult for her to breathe and requires her to use a walker or a wheelchair.
“I want the care that people get at the end of life, including my own, to be much better,” she said. “And I don’t want assisted suicide to become the new American way of death.”"
Virtual communication left seniors feeling anxious, depressed during pandemic according to Brigham and Women's Study April 21, 2023
"Older adults who frequently used technology to connect with friends, family, and health care providers during the height of the COVID-19 pandemic reported feeling more anxious and depressed than those who sought in-person visits, according to a new study by researchers at Brigham and Women’s Hospital.
Among Americans over 65, virtual interactions — e-mail, phone, and video calls — were associated with increased mental health concerns, according to the study, which analyzed national survey data and was released earlier this month.
“What we found that makes this a little bit interesting is those that were able to maintain face-to-face connections actually reported less risk,” said Rebecca Robbins, assistant professor of medicine at Harvard and associate scientist at Brigham and Women’s division of sleep and circadian disorders."
Study: Milder autism far outpacing ‘profound’ diagnoses AP April 19, 2023
"A first-of-its-kind study released Wednesday shows the rate of such “profound” autism is rising, though far slower than milder autism cases....
The researchers looked at school and medical records from 2000 to 2016 for more than 20,000 8-year-olds identified as having autism spectrum disorders.
They found that the rate of profound diagnoses grew from about 3 cases per 1,000 children in 2000 to about 5 cases per 1,000 in 2016. But the rate of kids diagnosed with milder forms of autism grew from 4 per 1,000 to 14 per 1,000 over those years.
Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers WHITE HOUSE EXECUTIVE ORDER
April 18, 2023
"Sec. 2. Increasing Compensation and Improving Job Quality for Family Caregivers, Early Educators, and Long-Term Care Workers. (a) To increase compensation and benefits for early childhood educators and long-term care professionals who are providing federally funded services:
(i) the Secretary of Health and Human Services, through the Administrator for the Centers for Medicare and Medicaid Services (CMS), shall issue guidance to States on ways to use enhanced funding to better connect home- and community-based workers who provide services to Medicaid beneficiaries;"
My son is autistic – I can’t forgive what lockdown did to him United Kingdom April 13, 2023
"Noah had just turned three when the pandemic began, and he was as happy and settled as a child with his complex needs can be. Noah is non-verbal autistic and has a rare form of epilepsy.
The simple activities that gave him the greatest pleasure in life – going to cafes and seeing other children having fun – were baked into his daily routine and fundamental to his understanding of the world. At our local park, he would stand a little back from the crowd and watch other kids running around, whooping with delight at their games. When he was particularly excited, he’d bob up and down on his toes, whirling his arms like a butterfly swimmer. Watching him watching them was pure joy.
Then came lockdown. Literally overnight, everything that kept him on an even keel was yanked away. His descent was swift and terrifying. As the familiar routines he relied upon to navigate life disappeared, he became increasingly confused and distraught. Within a matter of days, he started biting his arms and banging his head against walls. He would pull coat zippers up and down with such force that the metal would catch his skin causing his neck to be bruised and bleed. "
The Harms of Masking - Part 2 April 12, 2023
"It was a sign of progress that kids like Lizzie could fully integrate into the world, make friends, learn to read, move towards an adult life of semi-independence since the passage of IDEA in 1975. That all reversed in 2020 when these children were shuttered at home and then restricted in ways that cut them off from their peers and the world when they were permitted to go back to school.
During covid, the pro-lockdown, pro-mask, pro-restriction crowd purported to be the most caring. But they turned a blind eye to those with disabilities. And their cruelty will not be forgotten by those who suffered at the hands of it."
California bill to make it easier to place people on psychiatric holds advances March 30, 2023
"Debra Roth, a lobbyist for Disability Rights California, said the bill’s language would lower the standard too far. For example, she noted the bill could cause people who cannot “appropriately” or “adequately” clothe themselves to be placed on a psychiatric hold.
“We think that that is just wrong,” she said. “This bill will subject more patients to the trauma of involuntary detention.”
Other opponents raised concerns that there are currently not enough resources to fund voluntary treatment, and that forcing more people into an already strained system will be ineffective."
Kooth selected to bring mental health care to all 13-25s in California March 16, 2023
"Founded in 2002, Kooth is a pioneer in youth focused digital behavioral health. Its platform is accessible to more than eight million teens and young adults, providing a welcoming place for support without barriers, waiting lists, or stigma. “We’re excited to partner with DHCS and the State of California to help transform access to digital behavioral health support for youth across the state. Working together, we believe this represents a step-change in providing early and responsive access to behavioral health care to help address the growing youth mental health crisis,” said Kooth CEO Tim Barker.
In partnership with DHCS, Kooth will conduct extensive user-testing to obtain input from youth, families, and key partners about the design, content creation, and functionality of the platform to ensure it meets the needs of California’s youth. These activities will continue prior to and post go-live in January 2024. Also, through partnerships with key partners, such as schools, primary care providers, and behavioral health experts, Kooth will help build awareness and drive adoption of the platform before and after launch."
California bill would reform ‘failing’ system serving adults and kids with disabilities February 22, 2023
"The nonprofit Disability Voices United and pro-bono law firm Public Counsel examined service funding levels at regional centers and and reported last year that people of color, particularly Latinos, receive significantly fewer services than white people. That spending gap, the reports found, has persisted — and even worsened over time — despite recent increases in spending."
Why California still doesn’t mandate dyslexia screening Cal Matters February 8, 2023
"Education experts agree that early screening and intervention is critical for making sure students can read at grade level. But so far, state officials have done almost everything to combat dyslexia except mandate assessments for all students...."
"The California Teachers Association did not respond to requests for comment for this story. In a letter of opposition to a bill in 2021, the union wrote that the bill “is unnecessary, leads to over identifying dyslexia in young students, mandates more testing, and jeopardizes the limited instructional time for students.”"
The Hospitalized Adolescent February 2023
"Adolescents and young adults (AYAs) with developmental disabilities have varying degrees of cognitive abilities; therefore, there are important considerations for these patients in the hospital setting. Although no studies exist on minor patients, a study of adults older than 18 years with intellectual disabilities demonstrated that, for the same admitting diagnoses, patients with intellectual disabilities had statistically significant longer lengths of stay, longer ICU stays, and higher rates of surgical complications.28 Patients with developmental disabilities, in addition to a chronic health condition such as autism spectrum disorder, aggressive behavior, spastic quadriplegia, or respiratory illnesses, and patients admitted through the emergency department were 4 times as likely to have complications.29 It is important to involve individuals with disabilities in their own care to the best extent possible30 to ensure that providers do not minimize patients’ autonomy because of the presence of a disability and tailor participation to their ability....."
"Parents/families of adolescents with disabilities have been encouraged to be “experts on their child.” Caregiver involvement and partnering with them, including education and training to care for the patient’s needs, is crucial, as is optimally involving patients as they are able........"
"Caregivers can provide insight into the adolescent’s developmental stage and familiarize hospital personnel with the individual’s preferences and routines. ....."
"Other challenges in caring for some inpatients who are developmentally delayed or have IDDs include specialized diets, including formulas, and complicated pharmacologic regimens that may include medications and supplements that are not on formulary....."
"Often, these patients require sedation for imaging or other procedures. Providers can inquire about previous experiences with sedation medications, including safety, effectiveness, adverse reactions, and effects on sleep and behavior. It may be difficult to assess when an adolescent with a developmental disability is in pain (and the degree of pain) versus experiencing stress or anxiety from the circumstances, and child life services may be warranted.
The medical literature supports various ways to determine the extent of pain in patients with communication difficulties."
Civil rights groups file lawsuit to block Newsom’s plan for treating people with mental illness LA Times January 26, 2023
"In their filing, representatives from three organizations — Disability Rights California, Western Center on Law and Poverty and the Public Interest Law Project — asked the state’s high court to strike down as unconstitutional the program known as CARE Court (for Community Assistance, Recovery and Empowerment). The groups argue that the sweeping new court system will violate due process and equal protection rights under the state constitution, while “needlessly burdening fundamental rights to privacy, autonomy and liberty.”"
Ed Department Sees Sharp Rise In Disability Discrimination Complaints In Schools January 23, 2023
"The U.S. Department of Education says that complaints of disability discrimination in the nation’s schools are at the highest level in five years.
The agency’s Office for Civil Rights received 6,390 complaints related to disability discrimination during the 2022 fiscal year, a period covering October 2021 through September 2022, according to data provided to Disability Scoop. That’s up from 4,886 similar complaints the year prior and represents the largest number since 2017 when more than 7,200 disability discrimination complaints were filed.
The surge comes as the Education Department logged a record number of civil rights complaints overall. The Office for Civil Rights, which is tasked with investigating discrimination based on race, color, national origin, sex, disability and age in programs funded by the Education Department, said it received 18,804 complaints of all types in 2022, its most ever."
A Case for Inclusion December 23, 2022
"The decision is a resounding vindication for inclusion advocates who feel that too many school districts are not fulfilling the spirit of IDEA’s least restrictive environment principle. As David German told Undivided, “The decision makes clear that district members of the IEP team can no longer rely on a presumption that segregation will be beneficial. Hopefully, requiring district personnel to provide actual evidence of how a student can supposedly benefit from time away from the general education classroom will force them to confront the overwhelming evidence that inclusion works for students.”"
Why are schools submitting kids to this barbaric treatment? Washington Post December 22, 2022
"The use of restraint and seclusion also appears to be discriminatory. According to the Education Department, students with disabilities receiving special education and other services under the Individuals with Disabilities Education Act (IDEA) made up 13 percent of the student population, yet they accounted for 80 percent of the students subjected to physical restraint and 77 percent of those subjected to seclusion.
Each use of restraint and seclusion diminishes the future of any child subjected to it. Put yourself in the child’s shoes: What if you went five days a week to a school that regularly locked you up or physically held you down? Most of us would walk in ready for a fight, not to learn."
Why California is among last states not screening children for dyslexia EdSource December 19, 2022
"The California Teachers Association has been one of the strongest opponents of dyslexia screening, saying children learn to read at their own pace and flagging potential learning disorders could railroad some students, especially English learners, unnecessarily into special education.
Meanwhile, thousands of students continue to struggle with the basics of literacy, falling further and further behind because there is no process to screen every child, dyslexia advocates say."
Fighting for the voiceless: The Death of Franca Panettone November 28, 2022
Franca Panettone was born on November 3, 1973, and died on April 6, 2020
"For Franca Panettone, the quick path to a tragic demise began March 28, 2020, with a fever and cough. Franca was a vibrant, spirited, 46-year-old woman who had a passion for going to church and singing, was close-knit with her family, and was largely nonverbal with Down Syndrome. She also loved the color purple. Franca’s sister Maria, who served as her healthcare surrogate, was with her during the fateful emergency room visit, as Franca was unable to advocate for herself or understand medical terminology."
Remote Services Directive Department of Developmental Services California November 23, 2022
A School District Ignores The Experience Of Parents November 14, 2022
"“I’m not fighting against inclusion. I’m fighting for the proper preparation, and for safeguarding the students who can’t learn in an inclusive environment.”" LAUSD Parent Vicky Maronyan
A Matter of Race and Place Racial and Geographic Disparities Within California’s Regional Centers Serving Adults with Developmental Disabilities October 26, 2022
In California, spending on adults with disabilities differs by ‘race and place’ LA Times October 27, 2022
"Disability Voices United argued that to address the inequities, California lawmakers and the Department of Developmental Services need to step up oversight and accountability for regional centers with big disparities, including reassessing the individual plans for clients at inequitable centers to see if more services should be approved.
It also called for state lawmakers to demand accountability for the money spent to address inequities and target the state grants to geographic areas and groups worst affected by disparities."
COVID-19 Was Leading Killer Of People With Developmental Disabilities September 26, 2022
"“People with IDD are living in congregate settings at a higher percentage than those without an IDD,” Landes said. “Group living situations, especially with close-contact personal care support, is associated with the spread of COVID-19. For the estimated 13% to 20% of adults with IDD living in these settings, the risk cannot be overstated.”
In addition, the study found higher rates of hypothyroidism and seizures in people with all types of developmental disabilities who died in 2020 and obesity was more common among those with intellectual disability and Down syndrome."
How To Protect Special Education During COVID-19: From the Courts to the Capitol University of Miami School of Law 2022
School Expels First Grader for Not Wearing a Mask December 21, 2021
"St. Croix Preparatory Academy, a charter school in Stillwater, Minnesota, expelled a first grader with speech disabilities for repeatedly taking off his mask.
The school board of St. Croix Prep voted unanimously to expel the student, who has an individualized education program (IEP) for delayed speech and other learning problems, on December 2. The child’s parents had petitioned for weeks to overturn the school’s mask mandate in their child’s case, which went into effect on September 7.
Abby and Jake Lee, the student’s parents, provided an exemption to the mask mandate from a licensed medical provider, following Minnesota law, and offered alternatives to the school to keep their son and others safe. The Lees say the school offered no accommodation and suspended the boy four times since September, causing him to miss critical class time."
Litigation and Settlements
Settlement Agreement Between the United States of America and San Bernardino City Unified School District September 15, 2022
SUPREME COURT OF THE UNITED STATES
LUNA PEREZ v. STURGIS PUBLIC SCHOOLS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
No. 21–887. Argued January 18, 2023—Decided March 21, 2023
Supreme Court rules for deaf student in education case March 21, 2023
"he Supreme Court ruled unanimously Tuesday for a deaf student who sued his public school system for providing an inadequate education. The case is significant for other disabled students who allege they were failed by school officials."
Supreme Court Seems in Favor of Deaf Student’s Right to Sue School District Under the ADA EdWeek January 18, 2023
"The high court appeal involves two somewhat arcane but important questions in special education law.
The first is whether students and parents must “exhaust” all administrative proceedings under the IDEA before they may sue under a different federal law such as the ADA when the remedy at issue, such as monetary damages, is not available under the IDEA. The second is whether courts may conclude that it would be futile to require going through all administrative proceedings when the IDEA complaint has been settled."
Supreme Court Case Could Change How Special Ed Disputes Are Handled Disability Scoop January 17, 2023
"More than a dozen advocacy groups, professors with expertise in disability law, former Department of Education officials, former members of Congress and the solicitor general have filed amicus briefs supporting Perez.
“Students with disabilities already face inordinate obstacles in getting the education they need to build their future,” said Shira Wakschlag, senior director of legal advocacy and general counsel at The Arc, one of the groups that’s backing Perez. “If the lower court decision is allowed to stand, it will cause further harm to students with disabilities who already experience segregation and discrimination in school and will burden parents by forcing them to jump through futile and unnecessary hoops in order to pursue non-IDEA civil rights claims in federal court.”"
The Supreme Court Will Decide a Significant Special Education Case October 3, 2022
"The case of Perez v. Sturgis Public Schools (No. 21-887) encompasses two questions involving the tangle of legal procedures families and school officials confront in disputes over the two main federal laws protecting children with disabilities. The first is whether the Individuals with Disabilities Education Act requires families who have settled their particular IDEA claims with a school district to “exhaust” all administrative proceedings under the that law before filing a claim under the Americans with Disabilities Act of 1990.
The second is whether a family must exhaust IDEA’s own administrative proceedings when it is pursuing a non-IDEA claim for money damages under the ADA or other federal disability laws."
Office Of Administrative Hearings
OAH Special Ed Decisions Database
United States Court of Appeals For The Ninth Circuit
Compensatory Education Litigation
Historical References
Autistic Disturbances of Affective Contact Leo Kanner
Advocacy Organizations
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