How to fix the mess we call middle school

 
 

 

 

Elementary schools and high schools are tough enough to run, but middle
schools are a problem unto themselves. Nobody quite knows what to do with
students who are of age to be in what we call middle school. What we know about
the developmental profile of kids from age 11 to 14 tells us that a traditional
academic classroom experience is not the best option.

Puzzled educators have experimented for decades with the K-8 model, junior
highs, middle schools (different from junior highs because they have earlier
grades), and then back to the K-8 model. Nothing seems quite right.

 

In recent years many school districts have returned to the K-8 model, including in Washington D.C.,
where former schools chancellor Michelle Rhee promoted the model in part, she
said, because kids performed better academically — though her measure of
progress was standardized test scores, which aren’t a real indicator of progress
and the research she cited is widely disputed.

 

In 2008, she created 17 PreK-8 schools, but, alas, the standardized test
scores are no better than they were before, my colleague Bill Turque notes in this story. (Yet another Rhee reform that didn’t quite turn out as great
as all that.) Now D.C. schools officials are trying to solve, yet again, the
middle school puzzle.

 

Here’s some of what we know about kids in this age group — and why it is past
time to do something radically different:

 

* Students in this age group are known to be egocentric, argumentative, and —
this is not small thing — utterly preoccupied with social concerns rather than
academic goals, driven by the swirling of their hormones.

 

* They don’t always have solid judgment, but they find themselves in position
to make decisions that can affect them throughout their lives.

 

* They enjoy solving real life problems with skills.

 

None of this adds up to a great experience with the traditional academic
classroom. Sure, some of the problems with middle schools were caused by a lack
of resources in urban areas that made it impossible for districts to hire enough
specialized teachers and to create the programs necessary to engage
students.

 

But another part of the problem is that we keep trying to do the same
kind of academic thing.

 

Child development expert Chip Wood has other ideas, as explained in his book,
Yardsticks: Children in the Classroom Ages 4-14
”:

 

“Twelves (and thirteens and fourteens for that matter) probably do not belong
in formal school environments at all, but in some kind of cross between summer
camp and the Civilian Conservation Corps camps of the Great Depression — plenty
of physical activity, structured groups and time with peers, with a little
formal education thrown in.”

If you think that sounds ridiculous, think again. It’s just the ticket.

 

I’ve written before about such a proposal, but it’s worth repeating again as
school districts tackle the problem anew. The answer: blowing up middle school
as we know it and turning at least some of it into a “boot camp for life.”

 

 Enough with “academic rigor.” Stop testing kids ad nauseam.

 

We need to create middle-school education environments that would allow kids
to learn skills in unconventional ways and that would give them far more time to
engage in physical activity outside the classroom. It is a perfect time to help
kids learn the value of manual labor while they learn to use their brain.

 

Let kids spend more class time reading and talking about books –books that
they select themselves. Give kids who need basic skills the time and support
they need — and let kids who want to memorize “Hamlet” have at it. With more
than 40 percent of American adults practically illiterate, our current approach
is obviously not working.

 

Let’s turn community service into a real lesson that includes real, daily
responsibility.

 

Today this country demands little of its citizens in regard to national
service. Community service programs are mandatory in most schools, but what
constitutes community service can be a one-time cleanup at a ball park. Really.
I know someone who did that.

 

What if kids went to work at a homeless shelter every day for several months?
Or had to own the responsibility for keeping clean a neighborhood park, all
year, picking up the litter every day as it reappears?

 

Such experience teaches commitment and the challenges and pleasures of making
a difference. If kids are old enough to watch garbage on television, they are
certainly old enough to pick up garbage and get a closer look at the real human
condition. Such a plan also has the virtue of getting kids out of the classroom.

 

As for new approaches to old subjects, how about teaching nutrition and
health through cooking classes? Nobody can argue that kids don’t need to learn
more, not with the obesity epidemic among young people in this country. An added
bonus: cooking can be a great way to teach chemical reactions and other
scientific principles, as well as math.

 

Let them learn about financial literacy by running small businesses. Knowing
how to solve a geometric proof doesn’t help them balance a checkbook.

 

Give kids things to take apart and to rebuild. Yes, bring back shop class.
This sparks a curiosity that will drive them to want to learn the math and
science necessary to take their tinkering to the next level. Some brilliant
mathematicians I know love to work with their hands.

 

As for the arts, they are vital. Let students learn music theory by playing
the music they like, with the instruments they want to play. Let
them choose the plays they want to stage, or write their own.

 

The sustained experimentation with middle school-age students has continued
because schools have failed to meet the emotional and academic needs of
adolescents.

 

Changing the grade configuration isn’t going to do it. More tests and a
mountain-range of data won’t do it either. We need real reform.

 

 

 

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http://www.everydayhealth.com/add-adhd/0818/nearly-1-in-10-us-kids-diagnosed-with-adhd.aspx?xid=aol_eh-adhd_23-_20110815&aolcat=AJA&icid=maing-grid7%7Cmain5%7Cdl8%7Csec3_lnk3%7C87810

http://www.learningabledkids.com/learning_disability_LD/ADD_ADHD.htm

http://www.metrokids.com/MetroKids/September-2010/Ready-for-an-IEP-Update/

http://www.wrightslaw.com/nltr/11/ss.short.course.htm

http://www.weac.org/Issues_Advocacy/Resource_Pages_On_Issues_one/Special_Education/special_education_inclusion.aspx

Dear CAR Community,

We hope that your summer is off to a great start! Even though school and the sunshine are out, research studies are in full swing at CAR. One of the most important things you can do to help CAR advance research into the causes of and treatments for autism spectrum disorders (ASD) is to enroll in autismMatch; it only takes 20-30 minutes. Once enrolled, we will notify you about studies for which your family may be eligible. Summer is a great time to get involved! Participate in a research study. CAR is conducting research on treatment, diagnosis, genetics, and brain imaging, as well as studies focused on common co-occurring problems related to sleep and anxiety. Enroll in autismMatchto be connected to studies your family may be eligible for, email autism@email.chop.edu to express interest, or call 1-866-570-6524 to talk with a member of our team. Spread the word about CAR. Our research requires thousands of children and adults with or without ASD to participate in order to make discoveries that will help. Pass this email along to friends and family. Have a neighbor, a nephew, a nanny? Ask them to enroll in autismMatch too! Study Spotlight Children with our without ASD are currently needed for the following studies: The Study of Social Functioning and Genetics (ages 6-18): Our past research has discovered a genetic variant that appears to have an impact on social functioning in children with ASDs. We want to test the theory that children with this variant have poorer social skills than children without it. FaceStation Videogame Trial Intervention (ages 8-18): Participants will play video games designed to help them improve their ability to identify faces and recognize nonverbal communication. This study will measure changes in the brain following training with the video games. Read more about FaceStation on CAR’s Blog, Driven>> Refining Behavioral and Biomarkers for Use in Treatment Studies (ages 12-18): This study will attempt to identify a new quantitative measure for assessing ASD, independent of the typical behavioral scales, used in current practice. Potential markers examined include eye tracking, brain imaging and genetic markers. Infant Brain Imaging Study (enrollment age 6 months or younger): The purpose of this study is to identify very early brain features that may be characteristic of infants at risk for autism.

Families interested in participating are invited to enroll in autismMatch, email autism@email.chop.edu, or call 1-866-570-6524.

Thank you for being an important part of the CAR community!

All the Best,

 Julie Julie Mesaric

Autism Outreach Liaison 267-426-4903 autism@email.chop.edu

Bucks County Courier Times: Special Education in Bucks County

Morgaine Ford-Workman / Staff Graphic

Posted:  Sunday, July 17, 2011 12:00 am  |  Updated: 6:47 am, Sun Jul 17, 2011.

By Dan Dunkin 
Staff Writer  |  | 

Like many school districts in these turbulent economic times, Bristol Township has dealt with serious budget challenges.

Despite those hurdles, its special education program remains an uplifting comeback story, maximizing resources and improving the learning environment for students with disabilities.

“There’s been a whole shift of attitude in special education over the last 10 years, particularly in this district,” says James McAnulty, Bristol Township’s supervisor of secondary special education.

The primary change has been in how Bristol Township and other local districts prioritize the practice of inclusion — including special education students in regular education classrooms as much as possible, with learning supports.

“Now,” says McAnulty, “there’s been an acceptance that all students first belong in their neighborhood school and in a regular education class, and we take it from there.”

“It’s really creating that sense of belonging for all kids,” says Diane Paul, Pennsbury’s director of special education. “This district embraces it.”

“It used to be that once you were in special ed, you were out,” says Damon Smith, Bristol’s director of special education and pupil services. “But there’s been a push, and it’s almost the opposite now.”

Special turnaround

Meeting the ever-growing demands of special education can be a challenge. The increasing numbers of students with Individualized Education Programs across the nation, partly due to the rise in autism, are juxtaposed with increasing costs and static or dwindling federal and state funding. Pennsylvania’s commitment toward special education has been frozen at $1 billion for each of the last three years.

Meanwhile, federal mandates for inclusion and intensified monitoring by the Pennsylvania Department of Education compel school districts to fit most IEP students into the regular classroom for the majority of each school day. This often requires sweeping staff development and alternative instructional models, such as co-teaching.

Students with more severe disabilities and those with behavior issues sometimes aren’t suited for the regular classroom. Districts that aren’t large enough to create their own classes for those students then must pay a far steeper price to send them to special schools or county intermediate units.

Six years ago, Bristol Township was not in compliance with state inclusion standards. The district ranked fifth-worst in Pennsylvania with 34 percent of its IEP students excluded from regular education and the general curriculum for more than 60 percent of the school day.

“That was not good,” McAnulty said. “We went through a whole series of strategies and procedures to change that.”

Stacy Gerlach joined the township’s school board in 2004 to bring more awareness to students with disabilities. Her son, Billy, who is multi-handicapped, represents the low-incidence percentage of disabled students. But his mother thought he should be included in some general education classes, and he was — in art, music and physical education.

“I think the inclusion part is really important,” Gerlach said. “Back when we started, that wasn’t a big thing.

“But it’s not for all kids; all kids cannot be included.”

Gerlach was speaking about the behavior perspective; in middle school, she said, Billy was disruptive in class.

“I said, ‘Pull him out,’ ” Gerlach said. “And that’s where some kids don’t fit in. I don’t want to disrupt other kids.”

Bristol Township made it work better for Billy and many others with varying degrees of IEPs. At Armstrong Middle School, a class was created for Billy and others with similar special needs. He attended Harry S. Truman High School, participated in field trips, went to football games and, his mother notes proudly, did a senior project.

“We worked as a team,” Gerlach said of the district’s special ed department. “It worked out wonderfully.”

“We started thinking, ‘If we can do it for a student with multiple disabilities, why can’t we do it for others?’ ” said Lou deFonteny, supervisor of elementary special education at Bristol Township. “We started to get a groundswell.”

Bristol Township, with a high percentage of special education students — 20 percent, compared to the state average of 15.2 — has made big strides in inclusion over the last five years. The district was recognized by the state for dramatic improvement in 2009, and this past school year shot up to 68.1 percent of its IEP students being included in regular education classes 80 percent or more of the day — seven points higher than the state average.

For 2009-10, its IEP students met state targets for graduation, and among IEP students in statewide assessments the district met Annual Yearly Progress goals for elementary through high school. Also, Bristol Township’s percentage of IEP students scoring proficient in state assessments for reading and math — 40.8 percent and 52.3, respectively — was higher than the state averages (35.3 and 45.7).

An interesting IDEA

The 1991 Individuals With Disabilities Education Act, an outgrowth of the Education for All Handicapped Children Act passed by Congress in 1975, requires that children with disabilities be educated in the “least restrictive environment appropriate” wherever possible, meaning inclusion.

IEPs, mandated by IDEA, are designed for a child whose disability is adversely affecting his or her educational progress. Many special education students are on normal academic pace in some subjects while requiring special help in others. The vast majority of special education/IEP students in Bucks County have specific learning disabilities rather than more severe disabilities such as autism, mental retardation or speech/hearing impairments. It is the former group that comprises most of inclusion.

McAnulty’s biggest concern when he arrived at Bristol Township seven years ago was the large group of students “between regular education and the life skills program.”

“Twenty years ago,” McAnulty said, “students with minor disabilities weren’t in general ed classes; they were in special ed. Now every student is treated like everyone else first, and then services are provided as needed.”

In 2004, Congress passed the Individuals with Disabilities Education Improvement Act, which required every state to develop a State Performance Plan that included educating students in a least restrictive environment while monitoring student proficiency rates on statewide assessments. The 2005 settlement of a statewide class action lawsuit, Gaskin vs Pennsylvania Department of Education, committed the state to increased efforts in inclusion and in the monitoring of compliance. Those districts among the lowest-rated must provide corrective action plans.

“Probably in the last five years, in particular with the Gaskin settlement, it really has required all districts to try to maximize inclusive practices,” says Neshaminy Superintendent Louis Muenker. “With that comes a lot of challenges, with trying to develop IEPs that make sense for students; that you’re just not having inclusive practices to say you are.”

For the 2010-11 school year, Neshaminy’s 53.9 percent inclusion rate (IEP students in regular classrooms 80 percent or more of a school day) is about seven points below the state average of 61.0. Among the other districts interviewed for this story, Council Rock is at 65.0, Pennsbury 58.3 and Bristol Borough 50.

For 2009-10 — the most recent year available for comprehensive special education data from the state education department — all four districts, like Bristol Township, met AYP targets for grades three-12 IEP students on state assessments. Bristol Borough, however, did not reach SPP targets in graduation, and the district fell below the state rate for IEP students scoring proficient in reading and math state assessments.

“I think some of the movements in recent years have absolutely been in the right direction,” Muenker says. “Some are a little bit lofty. Unfortunately the state and federal government expect your special ed student to be on level with their grade-age peers, and that’s kind of counter-intuitive to the need for their extra support.”

Inclusion’s pros and cons

Advocates of inclusion say it benefits both special education and general education students. The former are surrounded by role models and develop relationships with non-disabled peers. Regular ed students learn to understand and accept people with disabilities.

Financially, more inclusion means school districts are saving some heavy expenses of sending a child to a special school for disabilities or a county IU.

Critics of inclusion say effectively delivering two or more instructional methods in the same classroom is difficult. Possible results: IEP students who need different instruction can fall further behind their peers, and the special needs of IEP students will impede the progress of regular ed children. The latter has been a common fear of parents.

Parents of special ed students sometimes don’t want schools to push their kids too much.

“There’s constantly pressure to move backwards — from principals, teachers and parents sometimes,” McAnulty says. “Some want to keep them in replacement programs.

“It’s understandable. We’re balancing it all the time.”

As Gerlach said, inclusion isn’t for everybody when behavior is a problem. IEP teams must go through a protocol to determine whether adjustments in the regular class will help the special ed student, or if a move to another room is better for everyone.

“I think behavior is one of the most challenging ones to deal with,” Paul says. “Because you don’t always pinpoint what the trigger is, to be able to prepare the environment, prepare the student.

“If it’s something we’re working on improving, the child still belongs in that environment. But we are sensitive to what is the impact on the other kids.”

“Behavior’s always a challenge,” Smith says. “When you exhaust all your resources, that’s when you typically look for an outside placement, a more supportive environment. This occurs all the time …. and my job is also to see if there are opportunities to bring these kids back.”

In inclusive settings, the co-teaching model — one instructor assisting IEP students in a class with the regular education teacher — is often employed by districts.

“Our (special ed) teachers became more consultative-type teachers in the regular class with the regular education teacher,” McAnulty said. “It’s very effective because what’s happening is all the kids are now getting the curriculum from highly qualified teachers at grade level. What’s happened is all the boats have risen with the tide.”

Pennsbury renewed its emphasis on inclusion by hiring inclusion specialist Lisa Oates, increasing training in special education instruction, and using an itinerant services support team.

“We have re-organized the delivery of our special education services they need in their home school,” says Paul. “We are engaged in a lot of professional development so that we can de-mystify special education.”

Cost

By federal mandate, the district where the special education child lives must pay for supports and services even when he or she has to go outside the district for them. While larger districts such as Bristol Township and Council Rock can create their own special classes, smaller ones like Bristol Borough often cannot, and the expenses can be enormous, eating up IDEA federal funds and state money. IUs can cost $35,000 and much higher, into six figures, per student per year.

At Bristol, approximately one in every five students has disabilities, and special education accounts for 20 percent of the budget. Business manager Joseph Roe explained that the state’s elimination of an excess cost reimbursement formula — giving the district back the difference between the cost of a special ed student and a regular ed student — has had a huge impact.

“It was costing them too much,” Roe said. “Special ed had had a higher impact since they did that, and it’s just gone downhill since then financially.”

One alternative: Bristol will sometimes partner tuition with districts that create special classes — Bristol Township and Pennsbury (both also have well-regarded life skills programs). Bristol has been able to start two autistic support classrooms.

“We’re constantly saying, can we bring kids back, make a class, save a hundred thousand dollars?” Smith says. “It just seems like there are more and more demands — testing, adhere to these timelines — but less and less money, with fewer resources. …. If a kid moves in and is going to cost $100,000 to educate, are we going to have to cut a teacher?”

Even at a large district like Neshaminy, which Muenker says relies heavily on IUs, the pinch is also felt. Muenker says educational costs per autistic child can run more than $40,000 a year.

“We don’t tend to get fairly compensated by the state or federal government to support the mandate that comes from them,” Muenker says, “so that’s been a level of frustration I probably share with a lot of my superintendent colleagues.”

Part of Bristol Township’s progress in special education was being able to bring students with severe disabilities, such as Billy Gerlach, back to its own schools. It now runs programs for autistic students at Clara Barton Elementary, Franklin Delano Roosevelt Middle School and Truman. Going forward, McAnulty says IDEA funds have been sufficient but the uncertainty of state assistance is a concern.

Council Rock also benefits from its size: Barely 1 percent of its special ed students go out of district. Goodnoe Elementary houses a class for autistic students.

The hit on tax dollars has been lessened, says Charles Lambert, director of pupil services at Council Rock, by the district’s pursuit of the ACCESS program. It allows Pennsylvania schools to receive federal Medicaid reimbursement for providing IEP health-related services to Medical Assistance-eligible children.

“One of the things with special education is that under almost all circumstances, money cannot be a reason why you don’t provide what is necessary with the IEP,” Lambert says.

Counters Smith from smaller Bristol Borough: “At some point I feel like something’s got to give. Somebody’s got to see that, wow, we keep doing more and more with less and less. It’s a true impact.”

Friends –

Background
The 2011-2012 budget passed by the PA General Assembly and signed by the Governor included a presumption of savings that would be achieved from the Department of Public Welfare (DPW) budget from waste, fraud and abuse.  The Public Welfare Code bill adopted with the budget gives the Secretary of Public Welfare expanded powers for one year related to regulatory issues in order to achieve cost savings.  We do not believe this language was intended to authorize him to alter the funding appropriated by the General Assembly nor do we believe that it was the intent of the General Assembly to cut services needed by the most vulnerable individuals to achieve the anticipated savings – in fact, many applauded the budget as a fair compromise that would reduce fraud, waste and abuse while protecting services.
 
Advocates are hearing from multiple sources that the Department is considering cuts in a number of budget areas.  The information is compelling enough to sound the alarm that counties’ mental health base dollars will be cut by 10% to 12%.  While no final decisions have been made, OMHSAS has been given a savings target to meet.  Clearly the levels of funding for community mental health services included in the final budget are at risk.  It is essential that the administration immediately start hearing concerns over any potential plans to further reduce funding for services – funding reductions not approved by the General Assembly.
 
Action Needed
Contact your House and Senate members – http://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator/index.cfm?CFID=3713692&CFTOKEN=18543087 and request that they contact the Secretary of Public Welfare, their caucus leaders and the Governor’s Office to express concerns about potential additional budget cuts not authorized by the General Assembly that affect the availability of services to individuals in your area.
 
Talking Points

  • The budget included a presumption of savings to be achieved by taking measures to eliminate fraud, waste and abuse in DPW. Reliable sources indicate the Department is considering cuts that will reduce funding available for programs and services that support citizens in need of assistance, including mental health.  These have nothing to do with waste, fraud and abuse.
  • The legislature adopted a budget less than a month ago.  While additional powers were granted to the Secretary of Public Welfare, efforts to change appropriations authorized by the General Assembly exceed the scope of those powers. The state constitution places appropriating powers solidly in the House and Senate.
     
  • Throughout the budget process, legislators were involved in making many value decisions about funding levels for programs and services. Unilateral action to cut those same programs and services undermine the opportunity every legislator has during the budget process to speak out on behalf of their constituents.
  • Although there was pressure to make cuts across the board, negotiators were thoughtful about how and where cuts and restorations were made.  This is illustrated by the various versions of the budget.  Governor Corbett proposed a budget that by and large honored his commitment to preserve core government services for our most vulnerable citizens.  Legislators heard from consumers, family members, advocates, providers and counties and fought for funding of core human services.   For example, the final budget restored mental health base funds to nearly the level proposed by Corbett after a significant cut in the version voted by the house.
     
  • There is no budget deficit to address, and no apparent need to cut funding for program and services at this early point in the fiscal year.
  • The process for achieving additional reductions in the DPW budget has not been open or transparent – no public hearings have been held, no stakeholder input has been gathered, and to our knowledge no legislative input has been sought.  Non-elected officials, who must implement budgets given to them, are making isolated decisions about budget reductions that will impact individuals.

In addition to contacting your legislators, we recommend that you share this information with local consumers, advocates, providers and county representatives and ask them to take action.  It is also critical that your local “coalition” begin to identify the costly impact on services and individuals as a result of a 10% to 12% funding reduction to county mental health base dollars.
 
Legislative oversight and stakeholder input into DPW decision making must be restored.

Sue Walther, Executive Director
Mental Health Association in Pennsylvania
1414 North Cameron Street
Harrisburg, PA 17103
717-346-0549 (v)
717-236-0192 (f)
swalther@mhapa.org
www.mhapa.org

Please be aware of new renewal deadlines for people who have Medical Assistance. Please forward where appropriate. instructions from Harrisburg concerning renewal for all MA recipients. Lourdes Padilla, Acting Director of the Bureau of Operations for DPW, has instructed all County Assistance Offices to review all Medical Assistance (MA) budgets, including Long-term Care and Home and Community-Based Services, with overdue renewals, by August 12, 2011. This requirement is necessary to: 1. Ensure compliance with MA eligibility requirements at renewal. 2. Determine continued eligibility or close budgets if ineligible at the time of the renewal. 3. Take appropriate action on all overdue MA renewals. If all verification has been received, the renewal will be processed. If the renewal was not returned by the recipient, the caseworker will IMMEDIATELY close the MA budget with a 15-day advance notice. If the packet and all verification is not received by the due date, the caseworker will close the MA budget with a 15-day advance notice. Please be aware that the clients who were previously sent renewal packets and did not complete the renewal will receive an advance notice that the case will be closed. As we are under the directive from Harrisburg, no extensions can be given. If the case is scheduled to close, the recipient has the right to appeal, but the timely appeal must be signed and received in order to schedule the appeal. Please advise your providers, social workers and all those in contact with the MA recipients that renewals are required annually and all verification needs to be included. We always need the most recent bank statement, cash value of life insurance and any other resources that may change, and the Authorization for Information (Pa-4) Please assist the clients in getting this information and completing the renewal form. Your assistance to the client will be vital in this project. Please share this e-mail with all the providers under your waiver umbrella to spread the message as fully as possible.

http://lincs.ed.gov/publications/pdf/science_research.pdf

http://www.nasd.k12.pa.us/pubs/SpecialED/PDEConference//Handout%20Elbaum%203.pdf

As you may already be aware, The Arc recently launched our “Don’t Cut Our Lifeline!” campaign to protect Medicaid. Medicaid provides vital funding for health insurance, assistance with living in the community, respite services, and help with daily living for most people with intellectual and developmental disabilities. Drastic cuts to Medicaid are being proposed as a bargaining chip in political negotiations over a deal to raise the federal debt limit. The deadline for politicians to make this deal is now upon us. The clock is ticking – louder each day as we approach the August 2nd date when the country could begin defaulting on its financial obligations.

There is no time left to wait! We are writing to urge you to act now to tell Congress and the President that significant cuts to Medicaid are unacceptable. Our Campaign Toolkit provides you with action steps, background information and talking points. Not sure how to have an impact? It doesn’t take much to make your voice heard!

If you have only one minute, send the President and Vice President a message.
If you have five minutes, call your Senators and Member of Congress.
If you have thirty minutes, write a letter to the editor of your newspaper. Sharing your personal story about how Medicaid is your lifeline to health care and long term services and supports will help people understand why we must maintain the program.
If you have two hours, make an appointment with your Member of Congress (or their staff) to discuss what Medicaid means to you. Tell the scheduler that you know that budget cuts could come up for a vote any day now, and you want your voice to be heard! The toolkit provides you with fact sheets and talking points to prepare for such a meeting.
Advocates cannot assume that any official is on our side on this issue – especially one this critical. We don’t want to be surprised after an important vote to discover that a Member did not make the connection to disability issues, or had another competing concern, which caused him/her to vote for cutting Medicaid for people with disabilities. The current threats to Medicaid are too important to count on past encounters or assumptions! You may be the constituent who opens up your legislator’s thinking and, if not fully change their mind, perhaps soften a previously hard line on this issue.

Thank you for all that you do to protect Medicaid and the people who rely on it!

Sincerely,
Dee Dee Eberle and Ralph Scott
The Arc of the United States
Lifeline@thearc.org

Square Peg Kids: Helping Children with Autism Navigate Life’s Round Holes

A well-known Baltimore County anchorwoman spends her days showcasing families’ solutions on a new website.

By Joanna Bell | Email the author | July 7, 2011 Fresh from a 21-year career in broadcasting, Mary Beth Marsden turned to what she knew best to help families like hers troubleshoot the challenges of autism: video. Her new website, Real Look Autism, showcases videos of local families’ solutions to the problems they face as they raise children with autism spectrum disorders. Marsden launched the website in early April by turning the camera on her 9-year-old daughter, Tess. “I’m all about the video,” said Marsden, who thinks video will speak more powerfully to an Internet audience than text. “Tess is our first video. Hers is called Anxiety in School. We edit them in such a way that the parents and therapists actually tell the narrative. You tell us what’s working for you, and we’ll shoot it, edit it and present it.” The article continues. Access the article in its entirity at http://dundalk.patch.com:80/articles/square-peg-kids-helping-children-with-autism-navigate-lifes-round-holes

PA Legislature gives DPW green light for copays on services for children with disabilities.

 
On June 30, the PA General Assembly enacted significant changes to the Public Welfare Code which governs many of DPW’s programs, including Medical Assistance.  These were signed into law by the Governor on June 30 as Act 22 of 2011.  Generally speaking, these changes grant DPW the authority to make significant changes to Medical Assistance benefits and provider reimbursement rates without the usual oversight by the General Assembly or the Independent Regulatory Review Commission.
 
Among the changes made, was the express grant of authority to DPW to charge copays for services to some children under 18 with disabilities that are covered under Medical Assistance.  DPW will be able to require providers to charge families a copay for services their children receive under Medical Assistance.  The copays would not apply to children on SSI or families whose children receive cash assistance.  The copays could apply to children whose family income is above 200% of the federal poverty level.  Those amounts, by family size, are below:
 
 
Household
Monthly income (200% of poverty)
Annual income (200% of poverty)
2
$2,452
$29,420
3
$3,090
$37,060
4
$3,725
$44,700
5
$4,362
$52,340
6
$5,000
$59,980
7
$5,635
$67,620
8
$6,272
$75,260
 
It will now be up to DPW to make a number of crucial policy decisions in developing these copays.  Below are a few of the critical issues DPW will need to address:
 
How much will the copays be? 
Will they vary based on income? 
How will income be determined?  Gross or take home?
Will out of pocket medical costs be deducted in determining family income for copay purposes?
On which services will copays be imposed? 
Will copays be imposed on each unit of service, each hour of service, each visit, per day?
Will there be a cap on the total amount of copays?
Will copays be imposed on services authorized but not delivered?  
Who collects the copays? 
What happens if the family can’t or doesn’t pay the copay?
Will there be any exemptions, say for example, children on waivers?
 
Unfortunately, DPW will be able to make these crucial policy decisions without oversight by the legislature or the Independent Regulatory Review Commission.  It appears that DPW can avoid the regulatory process and just publish a notice in the official state publication- the PA Bulletin- that will “set forth the copayment schedule”.
 
This means that it will be absolutely essential that there be an open and inclusive process to obtain input from affected families and providers to address the issues above and others. The Health Law Project looks forward to working with family and advocacy organizations as well as providers to advocate with DPW. 

 

Predetermination of Placement Makes IEP Invalid
June 28, 2010 
(no link provided)

  An IEP team convenes for the annual review for a special education student who attends private school. At the meeting, a district administrator begins by commenting that the team would be discussing the student’s transition back to public school. Is this predetermination? 
 
A federal judge believed that it was. A recent opinion from the federal Ninth Circuit Court of Appeals highlights an example of predetermination based on the intent and statements of the IEP team members. The case is H. Berry v. Las Virgenes Unified School District (9th Cir., March 11, 2010) ____F.3d____(2010 WL 882866). 
 
School districts are not permitted to “predetermine” a placement for a special education student. When the district presents one placement option and is unwilling to consider other alternatives (such as other placements in the district or private agencies / schools), this can land the team in hot water. Although school districts do not have to consent to a parents’ preferred placement, the team must engage in a discussion that considers the request. 
 
This was the scenario faced by a school district in California. The team offered placement within the school district, which the parents rejected. They indicated that they wanted their child to remain in private school. The parents litigated the case. The court viewed the administrator’s statement about “transition back to public school” as a sign that the district was unwilling to give sincere consideration to other options. The judge also believed the mother’s courtroom testimony that her small contributions to the team discussion were futile. 
 
How can teams avoid a similar scenario? Team discussions about placement options must be held in good faith. What this means is that the team should have reasonable conversations designed to explore the request. Details about other placement options should be discussed fully. Give parents time to explain what they are seeking. Ask questions about the placement. Offer to reconvene a meeting so that the team members can research the facility or agency. School districts should reiterate that the district is willing to consider all options. If an option is rejected, the team should explain why, and school districts should always document in meeting minutes so that there is a written record of what was discussed.

http://autism.about.com/b/2011/06/30/say-good-bye-to-your-childs-pdd-nos-pervasive-developmental-disorder-not-otherwise-specified.htm?nl=1

http://www.bsnpta.org/geeklog/public_html/filemgmt/filemgmt_data/files/Inclusion_Research_Summary.pdf

http://inclusion.dadeschools.net/awareness.htm

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