Ten states have been granted waivers to implement their own accountability systems rather than follow all of the No Child Left Behind (NCLB) Act’s requirements. The NCLB mandates that schools educate children to be proficient in reading and math by 2014 or face tough sanctions. The states that recently had their waivers approved include New Jersey, Massachusetts, Indiana, Minnesota, Kentucky, Florida, Georgia, Tennessee, Oklahoma, and Colorado. Other states are also working on their waivers.

The Obama Administration and the Department of Education will review a state’s application and grant a waiver if the state’s standards are higher than the NCLB mandates and can be realistically implemented. A state’s plan must still prepare students for higher education, careers, and increase achievement for low performing schools. Teacher and school administration evaluations are still critical to these plans being approved.

In New Jersey, the state’s Department of Education will launch the new accountability plan this coming September. Schools will be measured on absolute achievement of the new plan’s goals and growth. State funds will be focused on improving failing schools and those that have big achievement gaps. Students will also have greater school choice in under-performing districts. High achieving teachers will be rewarded and teachers who need help to increase their student’s results will get support.

The state’s DOE will revise its school Report Cards and publish them for public review. This will help parents and state officials identify the performance levels at a child’s school. All these efforts will emphasize effective lesson planning and teaching strategies for the student body, including students with special needs and English as a second language students.

Overview of new education accountability standards in New Jersey:

• New accountability plan coming in September 2012
• New Jersey schools to be graded on absolute achievement of the new plan’s goals and growth
• State funds will improve failing schools and those with big achievement gaps
• Students have more school choice in under-performing districts
• High achieving teachers rewarded and those that need help to increase their student’s results will get support
• Plans cover general student body, students with special needs, and ESL students
• Concerned parents should contact a New Jersey special education advocate to discuss how the new plan can affect their child with special needs to ensure child’s IEP plan and supports are in place for the next school year

Parents who want to learn more about these changes and how it will affect their child should contact a special education advocate. To learn more about New York special education advocacy, visit http://www.specialneedsnewyork.com/ or http:www.littmankrooks.com/

Click here to read how you can get involved in Developmental Disabilities Awareness Month this March.

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Tags: americans with disabilities, developmental disabilities awareness month, disability, inclusion, march, special needs, US Department of Labor, walgreens

The 6^th Circuit Court of Appeals has decided that a class action lawsuit against Blue Cross Blue Shield of Michigan can proceed. The large insurer is being sued because they denied coverage of Applied Behavior Analysis therapy, a therapy utilized by individuals with autism. The insurer deems this therapy “experimental or investigative,” whereas the plaintiffs assert that there is substantial scientific and medical evidence on the benefits of this therapy. The plaintiffs are two parents that have sons with autism who need this therapy that the insurer continues to deny.

Blue Cross tried to appeal the class action certification order in late February. The plaintiffs have filed their case under the Employee

Retirement Income Security Act of 1974 (ERISA) back in December 2010. Beyond the standard damages they are seeking, the plaintiffs want to ensure that future coverage for Applied Behavior Analysis therapy will be available for all those that were denied coverage by Blue Cross or did not seek out this type of therapy, but needed it, because of the insurer’s policy. The case seeks to include all persons affected after Dec. 16, 2004 in regards to this type of therapy.

A similar case back in 2009, Johns v. Blue Cross Blue Shield of Michigan, resulted in a settlement where Blue Cross reimbursed 100 families for this type of therapy.

What are the takeaways from the current Blue Cross class action lawsuit to cover autism therapy:

• Circuit Court of Appeals has decided in favor of letting class action lawsuit proceed
• Case will go back to the District Court Judge to read
• Plaintiffs say Applied Behavior Analysis therapy is needed for children with autism and is supported by scientific and medical research whereas BCBS deems it “experimental”
• Plaintiffs seek to have coverage for this type of therapy approved for future use by policyholders and be reimbursed for past expenses
• Parents with questions about their BCBS coverage and therapies for special needs should contact an experienced special needs attorney to get access to benefits and services and learn more about the class action lawsuit.

Parents who are concerned about how this case could affect them should contact a special needs attorney. Individuals can learn about special needs planning and advocacy at http://www.littmankrooks.com.

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Tags: autism therapy, blue cross blue shield

New regulations became effective January 3 of this year so that states can assess education programs and how they relate to student academic progress. The Education Department of the United States stated that the amendments to the final rule of the Family Educational Rights and Privacy Act (FERPA) would help states determine if taxpayer funds are wisely invested in effective educational programs from early childhood to special education and adult education initiatives.

The new FERPA rules do allow information to be used more widely without breaking any federal privacy laws. The updated regulations clarify how student information may be disclosed, and that the data must be properly protected and only accessed when absolutely necessary. Schools must make parents aware through public notice and give them the right to opt out of directory information. Upholding student privacy helps to avoid identity theft, discrimination, and other criminal acts while balancing the need to improve the educational system.

FERPA does apply to special education students and those receiving services through the Individuals with Disabilities Education Act (IDEA). IDEA regulations work in tandem with FERPA to uphold additional protections and confidentiality concerns for children with special needs and their families. Likewise, public notice must be given regarding personal information, its storage, disclosure to outside parties, and destruction of records. The Office of Special Education Programs and the Family Policy Compliance Office, along the Education Department, work together to interpret regulations to resolve any conflicts. The privacy rights of students are protected via FERPA and IDEA to ensure that IDEA requirements are met.

Littman Krooks LLP assists families to understand the laws that govern special education and access educational resources they need for their child with special needs. Our New York City, White Plains and Fishkill special education attorneys counsel clients on improving their child’s future and empowering them to succeed. To learn more about New York special education advocacy, visit http://www.littmankrooks.com/special-education-advocacy/.

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We recently spoke with Stan Klein, PhD, clinical psychologist and Director of DisabilitiesBOOKS, Inc., and Barbara D. Jackins, an attorney, parent of a young adult with developmental disabilities and one of the authors of Managing a Special Needs Trust: a Guide for Trustees. The book serves as a helpful guide for anyone managing a special needs trust for a person with a mental or physical disability. It includes what trustees need to know about:

• Public benefits programs (SSI, SSDI, Medicare, Medicaid);
• Taxes and special needs trusts;
• Payment of recreation, transportation and medical costs;
• Housing subsidies;
• Duties of a trustee.

The book was revised, updated and expanded in 2010 to cover all 50 states.

Why did you write Special Needs Trusts: A Guide for Trustees?

Barbara: We are a group of lawyers who were meeting regularly to discuss issues in our practices. As the parent of a young adult with developmental disabilities and over 30 years of experience writing and managing special needs trusts, I knew that a trust was an important piece of planning for the future because it can assure a good quality of life beyond government benefits. My colleagues were also serving families that included a person with a disability. Special needs trusts were often on our agenda. Some clients didn’t understand what to do with the trusts they had been given to manage for their disabled family members. Others were afraid to spend any money for fear of getting into trouble with the government. One client just put the money in the bank under her own name. We decided to write an instruction letter of 8-10 pages for trustees, but there was so much we thought trustees should know. The project became The Special Needs Trust Administration Manual in 2004. Then, in 2010, it was updated to cover and apply to all 50 states.

Do people need a lawyer for a special needs trust?

Barbara: You need a lawyer to write the trust. It helps to have a lawyer at every stage of the process. Folks need to remember that someone—a relative, friend or client—is depending on them to run the trust properly and look after their interests. Often people with disabilities have very little—just an SSI check and Medicaid insurance. They are completely dependent on these benefits and can’t afford to lose them. For public benefit reasons, it’s essential to have an attorney in the state where you are running the trust; there can be subtle differences in the way these programs are managed in each state and even in different regions within the state. It’s best to have a local person who knows the ins-and-outs for your geographic area.

For more information about Managing a Special Needs Trust: a Guide for Trustees, visit www.disabilitiesbooks.com.

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The Centers for Disease Control (CDC) has approved a new medical diagnosis code for wandering. Individuals with autism, intellectual disabilities, and related conditions are more prone to wandering, which exposes them to potentially harmful and life-threatening dangers. The new code is listed as V40.31 – wandering in diseases classified elsewhere.

“It is our hope that the recognition of wandering as a medical diagnosis will bring opportunities for the development of resources including training for schools and caregivers, emergency search personnel protocols, financial assistance for safety equipment and support and education for families,” said Lori McIlwain, the board chair of the National Autism Association.

Health care professionals can start to use the new code in October in medical records. The CDC wants to gain better data with the new code to understand the prevalence of this behavior. Autism Spectrum Disorders (ASD) are noted for affecting an individual’s social, behavioral, and communication skills. ASDs begin in childhood and can last throughout a person’s lifetime. Individuals who are prone to wandering need extra care to monitor them. Behavioral intervention early on is needed to help the individual lessen these behaviors and make progress.

The National Autism Association conducted an online poll and 92 percent of parents said that their autistic child had a tendency to wander. Exposure to the outdoor elements, drowning, and other factors put the individual at risk for an injury or death. Speaking with your health care provider about your child’s behavior and what resources there are can help turn the situation around. It is also advised to speak with a qualified special needs attorney to learn about and access much-needed resources for your child.

Littman Krooks LLP counsels families with special needs planning. Our New York City, White Plains or Fishkill Special Needs attorneys can assist with Medicaid planning, special needs trusts, comprehensive estate planning, and special education advocacy matters. In addition, our New York Special Needs Trust attorneys can assist clients with long-term care and asset preservation and protection planning for loved ones with disabilities that need around-the-clock care.

To learn more about New York special needs planning, visit www.specialneedsnewyork.com, or http://www.littmankrooks.com/special-needs-planning.

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Tags: autism

Unemployment among persons with disabilities spiked in the second quarter of 2011, and continues to outpace the unemployment rate for other workers, according to the U.S. Department of Labor.

The jobless rate for Americans with disabilities is now 16.9 percent, up from 15.6 percent in May and tied with the record for the highest rate set in August 2009. The data covers those over the age of 16 who do not live in an institution.

This statistic erases the gains seen in April 2011, when unemployment dropped for the first time since January. The U.S. Department of Labor began tracking unemployment for Americans with disabilities in 2008. The first employment report was issued in February 2009, and are now released monthly.

Americans with disabilities are experiencing a jobless rate more than 80 percent higher than the rest of Americans, who are currently at 9.2 percent. The study also reported that 44.4 percent of disabled individuals who were unemployed in June had been jobless for 27 weeks or more.

The average number of Social Security applications per month is also now more than 300,000, up from an average of 200,000 before 2008, according to the United States Social Security Administration. This represents an increase of more than 27 percent from a year ago. The average cumulative wait time is now more than 700 days.

President Barack Obama announced on the anniversary of the Americans with Disabilities Act in late July that the federal government would improve compliance with Section 508, which requires that federal agencies’ technology be accessible to people with disabilities. Section 508 ensures that Americans with disabilities have equal access to federal job opportunities, requires the government provide the proper technology to let them perform their duties, and makes information more easily accessible.

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Tags: disability, unemployment

A new study finds that health care access for children with Medicaid insurance is a systematic problem. People with Medicaid as their primary insurance were more likely to be refused by a medical practice or given an appointment that was close to a month away, even when they had a pressing medical issue.

Children with Medicaid-Children’s Health Insurance Program were turned down 66 percent of the time while those with private insurance were only denied 11 percent. The study, which was recently published in The New England Journal of Medicine, used secret shoppers to call 273 specialty practices to pose as parents wanting to get their child an appointment for an important health issue like seizures, asthma, broken bones, or diabetes.
The study showed that most Medicaid patients had to wait 22 days before seeing a specialist. The root of the problem seems to be money – Medicaid will pay $99.86 for an office visit while a private insurer will pay $160. Specialists in medical centers feel under pressure to go after the higher paying insurance method, the researchers said. The study titled “Auditing Access to Specialty Care for Children with Public Insurance” was conducted in Cook County, Illinois over five months.
In a recent New York Times article, doctors from across the nation echoed the study’s findings. As states are cutting Medicaid programs and doctors are pushed to bring in more money, children with Medicaid are seen as one of the last priorities. “It’s very disturbing,” said Dr. Karin Rhodes, who co-authored the study. “As a mother, if I had a kid who was having seizures or newly diagnosed juvenile diabetes, I would want to get them in right away.”
In New York, the law firm of Littman Krooks LLP firmly believes that children with Medicaid deserve equal access to health care and quality treatment. Our New York special needs attorneys have decades of experience in courtrooms and settlements to uphold your child’s rights. To learn more, visit http://www.specialneedsnewyork.com/
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