Our guest blogger this week is Ken Burns, President of Morningside Nannies.

Having a child with special needs, you want to make sure he or she gets the care they require while you’re away. Not every nanny is equipped mentally and physically to deal with the kinds of stresses and requirements that are demanded of your child. You need to be able to trust that your nanny can handle any situation that may arise. When looking for a person that can fit that criteria, keep a few things in mind:

1. Experience - An ideal nanny would be one who has had experience dealing with children who’s needs are similar to your own. Those who have experience in particular afflictions such as various stages of autism or ADHD can prove to be excellent nannies. While experience is definitely a bonus, it shouldn’t completely account for your decision on whether or not you should hire them to be your childcare provider.

2. Adaptability - Asking the right questions surrounding your specific needs can provide some insight to whether or not the candidate is going to be a good fit. Questions such as those that cover real-life daily routines and circumstances could provide you with a great deal of information on how well the nanny will perform. You should devise the questions to cover situations yourself has had to deal with in order to gauge the candidate’s answers against how you handled them. They might have a better solution than one you implemented.

3. Education - Special needs children require the caregiver to have a certain level of knowledge dependent on the type of care that is needed. You wouldn’t want to have a high school student with no knowledge of autism to care for your autistic child. Even if the person is pleasant with a spectacular nature to them, you still want someone who has knowledge of what to expect from your special need. A potential nanny that can produce that kind of knowledge and educational records is an ideal candidate. You shouldn’t have to train your nanny in order to care for your child.

4. Medical Training - Although you probably don’t need an actual doctor, medical training of any kind is always a great bonus. Nannies that are perfecting their skills caring for special needs children usually have more than basic CPR abilities. However, you shouldn’t allow the lack of medical training to dissuade you from a candidate who shows great potential in other areas.

5. Background Checks - It is always a good idea to perform a background check anytime you are inviting anyone to work, and possibly live, within your home. While they may have a shining resume, perfect application, and extensive knowledge of your needs, they could also be hiding the fact they are dodging an arrest warrant. Besides, the background check can reinforce the potential nanny’s information about experience and education, which can put your mind at ease that you hired the right person for the job.

Your nanny needs to be able to provide a safe and stable environment for your child. Depending on the needs of your child, this can become quite an involved task and you need to trust your caregiver to provide that environment. The last thing you need to have looming over your head is doubt that your nanny can be up to the task of caring for your child.

Ken Burns holds a master’s in business leadership from Upper Iowa University and multiple bachelor degrees from Grand View College.  As president of  morningsidenannies.com, Ken’s focus is helping Houston-based parents find the right childcare provider for their family. When he isn’t working, he enjoys spending time with his three children and his wife.

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Disabled individuals who cannot work are entitled to Social Security disability benefits, but the process of applying can be lengthy and difficult. The majority of applicants are denied benefits at the outset, and they may be uncertain of how to proceed.

When we discuss Social Security disability benefits, we are talking about two different programs. Social Security Disability Insurance (SSDI) is available to people who have paid into the Social Security system through taxes during the 10 years before they became disabled. Supplemental Security Income (SSI) is available for people who have not paid enough into the system to be eligible for SSDI. To be eligible for either type of benefits, one must be “unable to engage in any substantial gainful activity” – i.e. “work” – because of a “medically determinable” disability lasting one year or more or expected to result in death. The questions of whether or not an individual is disabled and whether or not he or she can work are the key factors in determining eligibility for benefits.

The first stage in the process is the initial interview. A disabled individual may contact the Social Security Administration (SSA) to set up an appointment. One must have been disabled for five months before applying for SSDI benefits; there is no waiting period for SSI benefits. An applicant should bring two forms of identification to the interview, and any medical records that provide evidence for the disability. If there are records the person has not obtained, he or she may sign a medical records release form permitting the SSA to obtain them. If an individual is not able to go to a Social Security office, he or she may conduct the interview by telephone or appoint another person such as a family member to represent the disabled person at the interview. The process of deciding on the application takes from three to six months.

The majority of claims are denied at the initial application stage, but this should not deter disabled individuals from continuing with the process. Often a denial is the result of insufficient records or information that has not been presented persuasively. The second stage of the process is a request for reconsideration, which also involves an interview and the submission of any additional evidence. If the request is denied, then the third stage is to file for a hearing before an administrative law judge. An attorney can assist an applicant at any stage of the process; at the hearing stage and beyond, such assistance may be invaluable.

At an administrative hearing, the disabled person may present the testimony of witnesses and any other additional evidence. The government may also hear the testimony of a vocational expert and/or a medical expert who will offer their expert opinions regarding whether the applicant is disabled and whether he or she is unable to work. If the applicant is unsuccessful at this stage, he or she may file a claim with the Appeals Counsel Review Board. If the appeal is denied, then the last option is a civil lawsuit in District Court.

At any stage at which the benefits are granted, they will be retroactive to the date of the original application. If it is determined that the disabled individual is not able to handle the cash benefit appropriately, then a representative payee will be appointed to handle the money for the disabled person’s benefit.

For more information about disability law, visit www.specialneedsnewyork.com.

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Tags: disability, social security disability benefits, ssdi, SSI

Parents of children with autism spectrum disorders often experience high levels of stress and marital problems when compared with other parents. Much of this stress is the result of the greater amount of caregiving needed when raising a child with autism. A recent study shows that being able to take a break from caregiving, even just for an hour per week, decreases stress and improves the quality of a marriage.

The study was published in the Journal of Autism and Developmental Disorders. Researchers surveyed the parents of 118 children with autism spectrum disorders and found that the number of hours of respite care per week was directly related to better marital quality. There was also an association between respite care and a reduction in stress.

About 64 percent of the children in the study spent time with a respite care provider, such as grandparents, other family members, babysitters and community agencies. The study found that for every hour per week of respite care, there was less stress and better marital quality. The researchers said that it is important for supports for respite care to be developed for families raising children with autism.

The study adds to what is already known about the importance of respite care for parents of kids with autism. A study last year found that children with autism had a reduced risk of psychiatric hospitalization when their parents were able to take advantage of respite care.

For more information about our legal services, visit www.specialneedsnewyork.com.

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Tags: asd, autism, respite care

By Marion Walsh, Esq.

Today is National Children’s Mental Health Awareness Day.   Statistics show evidence of increasing mental health issues in children.   Chances are everyone knows a child struggling with mental health issues. According to statistics from the Surgeon General, approximately one in five children in the U.S. will experience a mental, emotional, or behavioral disorder between kindergarten and graduation. Failure to address children’s mental health needs is linked to poor academic performance, behavior problems, and school violence, dropping out, substance abuse, special education referral, suicide, and criminal activity.

Despite the high frequency and children’s clear needs for help, too many myths and unspoken stigmas plague families who have children struggling with mental health issues.  Clearly, a public health approach is necessary to address disorders and promote mental health in children.    Parents and school districts must forge partnerships to address this unfolding crisis.  Indeed, along with help from medical providers, they are the only ones who can.  However, funding cuts and tax caps in school districts have made the problems harder to address.

Signs of Mental Health Problems in Children:

The Mayo Clinic and other professionals list the following signs of mental illness in children:

· Mood changes: Look for feelings of sadness or withdrawal that last at least two weeks or severe mood swings that cause problems in relationships at home or school.  Some students simply withdraw.  School avoidance or physical symptoms without physical causes can also be a sign of mental distress.

· Intense feelings: Be aware of feelings of overwhelming fear for no reason — sometimes with a racing heart or fast breathing — or worries or fears intense enough to interfere with daily activities.

· Behavior changes: Look for drastic changes in behavior or personality, as well as dangerous or out-of-control behavior. Fighting frequently or expressing a desire to hurt others also are warning signs.

· Difficulty concentrating: Look for signs of trouble focusing or sitting still, both of which might lead to poor performance in school.

· Unexplained weight loss: A sudden loss of appetite, frequent vomiting or use of laxatives might indicate an eating disorder.

· Physical harm: Sometimes a mental health condition leads to suicidal thoughts or actual attempts at self-harm or suicide.

· Substance abuse: Some children use drugs or alcohol to try to cope with their feelings.

Why the Prevalence of Mental Health Problems in Children?

On the one hand, our world and schools are much safer and enlightened than decades ago.  Most states have outlawed corporal punishment; laws require services and accommodations for children with disabilities; parents monitor teachers’ abuse and vice versa; therapists are around every corner.    Clearly we are diagnosing disorders more precisely.   However, our society is more stressed, anxious and pressured.   Many parents must work long hours and do not see problems until they become crises.  The Internet has unleashed cruelty and crudeness of a previously unimagined scope.   Single parent families add risk factors.  In general, children may receive little training in ethics at home nor at school.  The accessibility of assault rifles shocks the conscience and makes apocalyptic violence a potential threat.

Legal Basics:

Parental Responsibilities:

Obviously, parents have a legal duty to care for their children and family represents the first source of support for a child’s mental health.  However, the increased stress and fracturing of life today makes it imperative that schools partner with parents to help children.   Parents must take a proactive role in helping their school district understand their child’s needs and also finding private help.   Yet parents, while closest to their children, can be in denial of serious problems.  A social partnership is necessary.

School District Responsibilities:

As noted by the National Association of School Psychologists, schools represent excellent places to promote good mental health.   Children spend a significant amount of time in school, and educators have the opportunity to observe and address their needs. Doing so effectively requires developing the capacity both to reinforce children’s natural mental health strengths and to identify and respond to children suffering mental health disorders.

Not every child with mental health issues has a disability but if a condition affects educational performance, the student should be referred for special education and related services.    Pursuant to the Individuals with Disabilities Education Improvement Act (IDEA), 20 USC §1400, et. seq. and parallel state law, school districts have a responsibility to identify and provide appropriate services to students with disabilities, including those who have an emotional disturbance or disability. As the Supreme Court noted in Honig v. Doe in 1988, “Among the most poorly served of disabled students were emotionally disturbed children: Congressional statistics revealed that for the school year immediately preceding passage of the Act, the educational needs of 82 percent of all children with emotional disabilities went unmet. See S. Rep. No. 94-168, p. 8 (1975).”

Under the 2006 IDEA Part B regulations, 34 CFR §300.8 (c)(4)(i), “emotional disturbance ” means a condition exhibiting one or more of the following characteristics “over a long period of time and to a marked degree that adversely affects a child’s educational performance”:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

Steps School Districts Can Take:

School districts should develop a task force and work with community members to create systems and policies to proactively address student mental health needs.

1. Develop Effective Child Find and Special Education Programs with Effective Evaluations

2. Provide Effective Monitoring and Building Level Interventions

3. Train to Spot Signs of Mental Illness in Children and to Take Affirmative Steps

4. Develop Effective Anti-Bullying Programs (Bullying exemplifies and causes mental health problems).

5. Provide Parent Education and Parent Counseling and Training

6. Cultivate Partnerships with Outside Agencies

What Does Not Work

The Blame Game:

Schools often expect parents to have private mental health services to address school behavior.  Parents without resources cannot pay for private services and the community based resources have very long waiting lists.  Parents who can afford the services may not be able to address the behavior that is based in school or caused by the school environment. Often the parents get blamed for not “dealing” with the problem.  Parents also blame the school personnel for not addressing the problem.  The blame game can go in circles.  It only causes more stress to families and drains resources from schools which are facing shrinking budgets.

Review of Federal Litigation:

In the Second Circuit, which has more education law litigation than any other jurisdiction, litigation over children with emotional disturbances exceeds litigation over other types of disabilities.   Most litigation centers around whether schools provide a free appropriate public education to children under the IDEA, which is the most powerful statute available to students and families in ensuring appropriate services from school districts.   Much of IDEA litigation in the Second Circuit centers around tuition reimbursement after parents unilaterally remove their child from public school.

No matter which side is ultimately successful, case law only demonstrates failed attempts at addressing mental health issues. For example, in Gagliardo v. Arlington Central School District, 489 F.3d 105 (2d Cir. 2007).   In this case, the student exhibited symptoms of anxiety, depression and social phobia, beginning in fifth grade and lasting for the next seven years throughout high school.  The parents finally removed the student from public school and initiated litigation to seek reimbursement for tuition at a supportive private school. The Southern District found that the District denied the student a free appropriate public education and awarded tuition reimbursement. But, the Second Circuit overturned the reimbursement award and ruled that the private school did not provide individually tailored services for the student’s unique needs.   This decision came five years after the litigation began. See also Eschenasy v. New York City Department of Education, 604 F. Supp. 2d 639 (S.D.N.Y. 20008). (Court found that student who cut class, took drugs, stole and engaged in hair pulling, cut herself, had attempted suicide and was diagnosed with a mood disorder and borderline personality features had an emotional disturbance under the IDEA and that the school district had denied her a FAPE and had to pay the parents tuition reimbursement as private school was appropriate).

Conclusion

Every parent and school professional must be aware of the impending mental health crisis confronting our youth and take steps to understand and advocate.  Parents and schools must act together to protect children become educated on risk factors and symptoms of mental health issues.

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Tags: national children's mental health awareness day

A guardian is one who is legally entitled to make decisions for another person, such as financial and medical decisions. Guardians are typically appointed for adults with special needs or seniors, when they are unable to care for themselves. In the state of New York, there are two separate processes: Article 17A guardianship is typically used for a developmentally disabled individual and Article 81 guardianship is typically used for a person needing assistance with personal care or financial matters, such as an older person with a progressive illness.

Article 17A Guardianship

When a child with special needs reaches the age of 18, parents will no longer have the right to make decisions for that person, unless an Article 17A guardianship proceeding has been completed. This type of guardianship grants broad authority similar to that held by parents for minor children. A good candidate for an Article 17A guardianship would be a developmentally disabled child approaching the age of 18 whose mental capability is similar to a much younger child.

This type of guardianship was created by Article 17-A of the Surrogate’s Court Procedure Act. It is granted by county Surrogate Courts. If the person needing a guardian is under the age of 18, then the court in the county where the guardian lives is used; otherwise the court in the county where the disabled person lives is used.

Obtaining this type of guardianship is relatively simple. Either two doctors or a doctor and a psychologist must certify that the disabled person needs a guardian. The guardian must also provide information about his or her prior residences. The disabled person and his or her spouse (if any), other parent (if only one parent is seeking guardianship), and any adult siblings are all served with guardianship papers, and a court hearing is held to determine whether guardianship will be granted.

Article 81 Guardianship

When an adult is no longer able to make important life decisions or tend to everyday needs, due to an accident or illness, an Article 81 guardianship may be appropriate. This type of guardianship grants specific, individualized powers to the guardian, according to the needs of the disabled person. This type of guardianship is often used in the case of an older person with Alzheimer’s disease or other dementia.

This type of guardianship was created by Article 81 of the Mental Hygiene Law. It is granted by county Supreme Courts, and is based on the concept of the least restrictive alternative, meaning that only specific types of authority are granted, tailored to the particular needs of the incapacitated person.

In deciding Article 81 guardianship, the court is required to consider alternatives that may better suit the needs of the individual, such as a nursing home, assisted living facility or visiting home health aides to meet the person’s daily needs, or a trustee or payee to handle financial matters. The court may appoint a guardian if it determines that the person cannot provide for personal needs or manage property and financial matters without a guardian and the person is incapacitated or agrees to the guardianship. In the case of a person suffering from the earlier stages of a progressive disease, a court can grant a guardian limited powers that can later be expanded through a modification order.

To learn more, visit www.elderlawnewyork.com or www.specialneedsnewyork.com.

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Tags: 17-a, article 81, guardianship, new york state

Our friends over at Friendship Circle, a non-profit organization that provides programs and support to the families of individuals with special needs, will be holding their second annual Great Bike Giveaway (April 15 – May 12) — a national contest that donates adaptive bikes to children with special needs. Winners will be drawn on May 13, 2013.

The Great Bike Giveaway is partnering with adaptive bike companies (click here to read more about these bike sponsors) from around the country to donate top of the line adaptive bikes to children and young adults who need them the most. The

How to Participate:

1. Browse through the five types of bikes available and select a bike that will best fit your child’s needs, from there you can also choose the bike drawing you would like to submit for.

2. The bike pages have a space where you can enter the contest. Submit a picture of your child with special needs along with a short explanation (250 character maximum) about why this child needs an adaptive bike.

3. Once the submission has been approved, the participant must be nominated by 50 friends and family members to be entered in the drawing. On each bike page, the name and picture of all submitted entries will be listed. From here, you  can click on the picture and nominate them or share the page amongst your own contacts to encourage more nominations or votes.

4. A drawing will be held to determine the winners. Only those with 50 nominations will be eligible. An additional five special Director’s Choice winners will be chosen by a panel of judges based solely on the content of their submission.

Additionally, non-participants can donate money towards adding more bikes to raffle off. On each bike sponsor page there will be an option to donate towards adding an additional bike to the giveaway. Every time the sum reaches the top of the meter another bike is added.

For rules and regulations about this giveaway, click here. To read more about the Great Bike Giveaway, visit their official website at: https://friendshipcircle.org/bikes/.

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Tags: friendship circle of michigan, special needs, the great bike giveaway

By: Sheryl R. Frishman, Esq., Littman Krooks LLP

As a mother of a special needs child, there is nothing more frightening for me than my son being in this world without me. The thought of this keeps me up at night. In my opinion, no one knows him as well as I do and no one can care for him like I can. Nevertheless, there will most likely be a time when he is on this earth without me. While planning for the future cannot give you complete peace of mind (as nothing can), a proper plan can be put in place, and there are fabulous tools available, to ensure that your child will be properly cared for after you are gone. Not planning will put the child you want to protect more than anything in the world in jeopardy and in a vulnerable position.

Here are 10 reasons it is necessary to plan for the future of your child with special needs:

1. You are able to do the planning now. Do not wait until it is too late to do the planning. If you are reading this article you are well enough to do the planning for your child. Mahatma Gandhi said “Learn as if you were going to live forever. Live as if you were going to die tomorrow.” We cannot be sure what tomorrow will bring. The time to plan is now!

2. Planning can change as your child ages. Many parents do not want to plan for the future because they want to wait and see exactly what their child’s functioning level will be. Also, parents often want to wait until siblings are old enough to take the reins. A plan that you put in place now can be altered at a later date if circumstances change. However, missing the opportunity to plan, because you waited, will hurt your child much more than a potential change in functioning level. Better to be safe than sorry!

3. You are able to make sure future caregivers know your wishes. Write down what it means to care for your child. What are his likes or dislikes? Where would you like him to live? Etc. Etc. Preparing a “Letter of Intent” (sample letter of intent) will give the people who will be caring for your child the intimate details of what it means to care for your special child.

4. So you can continue making decisions for your child. When your child reaches the age of majority they are emancipated regardless of their functioning level. In order to continue making decisions for your child after he or she reaches the age of majority you will need to become your child’s guardian. You will have to go to court to become your child’s legal guardian after emancipation age. This is not something that happens automatically!

5. So you can have a say in who will become your child’s future caregivers. You want to be able to determine who will care for your child when you are no longer here. If you do not make this determination, or be part of the process for determining your child’s future caregivers, or successor guardian(s), this will be done for you and without your input after your demise.

6. Your child may lose valuable public benefits. If your child has a developmental disability, many of the services he or she will receive, once aged out of the school system, will be paid for by “means tested” public benefits. Thus, your child must have assets and income at or below the poverty level to be eligible. If your child inherits directly, even a small amount of money or real or personal property, he or she would probably be knocked off of those valuable benefits. Therefore, the use of an estate planning tool like a “Supplemental Needs Trust” is necessary to protect the priceless benefits.

7. Public benefits alone will not give your child the quality of life you want them to have. As stated above, eligibility for public benefits may allow your child to qualify and/or receive services once he or she ages out of the school system. Nevertheless, these public benefits will not pay for the “extra” items that you would want your child to have. For example: a television set, a video game, travel, supplemental care givers, companions, etc. A properly drafted Supplemental Needs Trust will allow your child to remain on the priceless public benefits that they require but to also receive the “extras” you would want them to receive.

8. You can put a financial plan in place. We all hear about the importance of saving for your child who is going to college. What about saving for your special needs child? It is extremely important that we put a financial plan in place that will allow us to fund a properly drafted Supplemental Needs Trust to supplement our child’s reliance on public benefits. Life insurance and other financial planning tools need to be explored with a special needs planning professional.

9. The cost of doing the planning is much less than the cost of not doing the planning. People are always concerned about having to use an attorney and the costs involved. The possibility of your child losing their public benefits and the possibility of leaving your child’s future caregivers with no direction will be a much higher cost that your vulnerable child will have to bear after your demise if you do not plan. This planning needs to be done correctly and by a highly qualified special needs planning attorney. Please visit the Special Needs Alliance, www.specialneedsalliance.org, to find a qualified special needs planning professional. This is not something every attorney or even a general estate planning attorney can do. You need to find a professional in your state that specializes in special needs planning so you can assure your child is protected. This is not something you want to bargain hunt for! Not doing the planning correctly can end up costing so much more than using the right qualified attorney

10. If you do not do the planning you will be leaving your child that you want to protect more than anything in the world in a vulnerable position relying on others to do the planning for your child without your input after your demise!

For more information on special needs planning, visit www.specialneedsnewyork.com.

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By Sheryl R. Frishman, Esq.

There is a unique opportunity to allow students with Autism Spectrum Disorder (ASD) to receive the critical job training they need to enter meaningful employment  when they graduate from high school.  Due to low funding of critical job training once a student leaves the school system, students with ASD need to take advantage of the opportunity to get the training they require while they are still in school.

There is a fabulous program that is available for students with ASD in their last year of school.  It is called Project SEARCH Collaborates for Autism.

This program is a partnership between New York Collaborates for Autism (NYCA), Arc Westchester, New York Presbyterian Hospital (NYPH) and Southern Westchester BOCES (SW BOCES) .

This High School Transition Program is a one-year internship for students with ASD in their last year of high school.  It is targeted for students whose goal is competitive employment.  The program takes place at NYPH campus in White Plains, NY, where total immersion in the workplace facilitates the teaching and learning process as well as the acquisition of employability and marketable work skills.  Students participate in three internships to explore a variety of career paths.  The students work with a team that includes their family, a special education teacher from SW BOCES and a job coach from Arc Westchester to create an employment goal and support the student during this important transition from school to work.

Benefits to the Students:

• Participation in a variety of internships with the host business;
• To acquire competitive, transferable and marketable job skills; and
• To gain increased independence, confidence and self-esteem.

Benefits to the Business:

• To access a new, diverse talent stream with skills that match labor needs;
• Performance and retention in some high-turnover, entry-level positions can increase dramatically;
• Gain interns and/or employees with ASD to serve as role models for patients and/or consumers;
• To experience increased regional and national recognition through marketing of this unique program.

Project SEARCH has grown from one original program site at Cincinnati Children’s Hospital to over 220 across 39 states and 4 countries.

There is an upcoming event on April 25^th in Greenwich, Connecticut where you can learn more about this incredible program. Please visit:http://www.nyc4a.org/newsandevents for more information about this event.

In addition you can contact:

Gillian Eagan

Director of Special Projects

New York Collaborates for Autism

(212) 759-3775

geagan@nycollaboratesforautism.org

For more information about special needs planning or special education advocacy, please visit www.specialneedsnewyork.com.

Posted in New York Special Needs, Special Education Advocacy | Comments Off
Tags: asd, autism, project search collaborates for autism

By: Giulia Frasca, Esq.

April is Autism Awareness Month, a time to raise public consciousness about autism and autism spectrum disorders, complex disorders that affect brain development and a person’s ability to communicate, learn and form relationships.  Tuesday, April 2, 2013 is World Autism Awareness Day, initiated by Autism Speaks, a day where organizations around the world will be recognizing autism and autism spectrum disorders in various ways such as shining a blue light upon a famous landmark, or distributing multi-color puzzle piece ribbons.

With new research and facts being reported, it is important for everyone, especially new parents, to be aware of the early warning signs of autism spectrum disorders.  Autism spectrum disorder now affect one in every 50 children, well above the one in 88 previously reported by the Centers for Disease Control and Prevention.  According to the study, 1 million children nationally are diagnosed with autism.  These findings, recently released by the U.S. Health Resources and Services Administration and the Centers for Disease Control are sparking debate.  While experts attribute the increase to better reporting, it also suggests that the disorder is being diagnosed more frequently in children with milder symptoms.  Some suggest that the new statistic underestimates the number of persons actually affected by the disorder and should be a wake up call to further fund research, specialized treatment and education for persons with autism spectrum disorders.

Appropriate screening can determine whether a child is at risk for autism as early as twelve months.  While every child’s development is unique, it is proven that early treatment improves outcomes, often dramatically.  For example, studies show that early intensive behavioral intervention improves learning, communication and social skills in young children with autism spectrum disorders.

One of the most important things for parents and caregivers to do is to be familiar with typical developmental milestones that an infant should be meeting and learn the early signs of autism spectrum disorders.

If your child exhibits any of the following warning signs, ask your pediatrician or family practitioner for an evaluation as soon as possible:

1. No big smiles or other warm, joyful expressions by six months or thereafter;
2. No exchange of sounds, smiles or other facial expressions by nine months;
3. No babbling by 12 months;
4. No exchange of gestures such as pointing, showing, reaching, or waving by 12 months;
5. No words by 16 months;
6. No meaningful two-word phrases by 24 months;
7. Any loss of speech, babbling, or social skills at any age.

The nonprofit organization, Autism Speaks, offers helpful information and tools for families affected by autism spectrum disorders.  One tool available on the site is the M-CHAT (Modified Checklist for Autism in Toddlers), which can help determine if your child should be professionally evaluated.  You can find it by following this link: http://www.autismspeaks.org/what-autism/diagnosis/screen-your-child.

If you suspect that your child has an autism spectrum disorder, talk to your doctor as soon as possible so that an evaluation can be conducted and services and treatment can begin as soon as possible.

For more information, visit www.specialneedsnewyork.com.

Posted in New York Special Needs | Comments Off
Tags: world autism awareness month

by Sheryl Frishman, Esq., Littman Krooks LLP (To view the original link to this post, click here)

Making sure your child with special needs gets the best possible education can sometimes seem more difficult than rocket science. If you feel your child is not getting the services he or she deserves you may need to hire an attorney and consider legal action. That brings up the issue of finding the right attorney who can represent your child’s best interests.

So you don’t pull out your hair, here are some important guidelines you can use to find the right attorney.

Find a Special Education Attorney who:

1. Has Experience

Look for an attorney who has vast knowledge of special education law and your child’s particular disability. An attorney who writes, lectures, and is known in the area of special education law is a good place to start!

2. Is Well Connected

Find an attorney who is connected to the special education and disability community in your area.  An attorney who understands your school district and the individuals in charge will be better able to devise a strategy when advocating for your child.

3. Looks For Peaceful Solutions

An attorney who looks to resolve your issues with your school district amicably before heading to litigation is ideal. This will save you and the school district much heart-ache and additional fees.

4. Understands Your Child

Look for an attorney who will take the time to learn about your child and family. Each child is different, there are no cookie-cutter solutions. The more your attorney learns about your child the better the chance he or she will come up with an agreement that is favorable to you.

5. Comes Highly Recommended

Find an attorney who comes recommended by someone you respect in the special education or disability field.  An attorney who has the respect and admiration of someone you trust will give you the confidence you need to go through with hiring an attorney to advocate for your child.

6. Is Upfront About Fees

Get an attorney that does not necessarily have the lowest fees, but explains their fees so there are no surprises. Many times you have one shot at fighting your school district.  We should not be looking for bargains here, but rather the best attorney to help our children get what they need!

7. Focuses On Special Education

Make sure you hire an attorney that has special education law as one of their primary areas of practice.   Special Education Law is so specialized that it is not appropriate to use an attorney that has a general practice for special education matters.

8. Has A Special Education Advocate On Staff

Having a special education advocate (supervised by an special education attorney) work on your case, allows for a more cost effective and a more collaborative way of dealing with your school district at the committee level.

9. Explains The Strength Of Your Case

Your attorney should be able to tell you in an initial consultation the strength of your case before you go forward with retaining them.

10. You Will Feel Comfortable With!

You will need to work together with your attorney. just like any partnership you need to cooperate closely and have a good relationship.

For more information, visit our website at www.specialneedsnewyork.com.

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