Student Discipline Presentation

Tonight I will be presentation on student discipline on behalf of the Federation for Children with Special Needs. It will cover all matters relating to student discipline, in particular those relating to students with disabilities, and will be held at 88 Lincoln St, Framingham, MA.
Come one, come all! It is free :)

Federation for Children with Special Needs: fcsn.org

Vaida v. Vaida

November Case Summary

Vaida v. Vaida

13-P-I827

The plaintiff, Nancy C. Vaida (mother), appeals from an order for summary judgment on her complaint seeking that the defendant, George A. Vaida (father), pay post minority support for his twenty-three year old physically disabled son.

 

The parties had three minor children. While the parties were separated and divorce proceedings were pending, two of the minor children were injured in a terrible car accident. As a result of the accident, Evan became a partial quadriplegic. The father was wholly responsible for the injuries that the children sustained. The mother subsequently filed a civil suit against the father.  While the suit was pending, the divorce was finalized.

 

The question before the court on appeal was whether a person of full mental faculties could receive post minority child support. The court held that post minority support is not available to adult children who are not incapacitated persons placed under guardianship. The court went onto say that a guardianship would not be appropriate as Evan had full mental faculties. The court also found that equity jurisdiction was not appropriate as the court’s role is to “enforce existing obligations . . . and not create new obligations.”

Comment: This case is important because it establishes principal and post minority support is only allowed in guardianship of incapacitated persons. If you have a disabled child you will need to do some advanced financial planning.

Special Needs Alliance Website

Great Marathon Weekend!

Just want to express my sincere thanks to the Achilles International Foundation for allowing me to participate in the New York City Marathon. I have done several marathons in the past, none of which have been as accommodating regarding the extra logistical stuff concerning disabilities. Their expertise allowed me to focus solely on the race, rather than the headaches surrounding the marathon. By that I mean moving the wheelchair equipment from start to finish, making provisions for our bicycles, and arranging accessible accommodations. If you wish to learn more please click the following link to the Achilles International Foundation website!

New York City Marathon

Know Your Basic Rights to Advocate for Your Child

This past weekend I spoke at an Education Law Symposium in Hanover, MA. The topics included: Knowing your Basic Rights, The Distinction Between 504 and IDEA, and Basic Advocacy Tips in the Context of Education Law. The conference was a tremendous success and I will be speaking again November 15th in Cambridge, MA on behalf of the Federation for Children with Special Needs. http://fcsn.org/

Show Me the Circle Time

 

Early intervention or EI refers to a program under part C of the federal education law. The federal regulations are located at 34 CFR part 303. Massachusetts has operational standards which govern procedures for early intervention.

A parent should not think of this as “the child is behind” or that there is anything “wrong” with their child.  But rather, the goal is to get to “circle time”, one of those first early structured social times for children, whether it be preschool or kindergarten).  For those of you who don’t remember or for those of you whose kindergarten memories are a little foggy, circle time is the first experience of a group organized activity where each child must regulate his or her own behavior.  Participation in circle time is an essential mile stone for kindergarteners. The criteria for EI services is a perceived delay/concern/issue that impacts educational and functional performance and it is believed that the child would benefit from services through the school system at the age of 3 years.

Despite the obvious Jerry Maguire reference, this is a serious topic in need of discussion.  For those who haven’t seen Jerry Maguire, you should do so at the conclusion of this blog.

It is the EI coordinator, physician or parent who first identifies the child for early intervention services.  The Massachusetts Department of Health has an obligation to identify those who may be in need of early intervention services. These services can include socialization, play therapy, home-based services, behavioral services and many others.  It should be noted that the home-based services can feel invasive and overly-critical to some parents.  It’s important to remember the professionals are there to help guide you and your child and to stay focused on the ultimate goal: your child’s first day of kindergarten. During the administration of said services, the parent and educational professionals work closely together to achieve developmental/educational milestones. The developmental milestones are important particularly in the preschool years when effective progress is measured more by the developmental milestones versus the academics which kindergarten curriculum frameworks begin to cover.

An educational milestones is completing a discrete task within a curriculum framework, i.e., learning how to read a complex short story, whereas a developmental milestone refers to checkpoint in a child's development to determine what the average child is able to do at a particular age. If you are unsure where your child is falling on the spectrum of child development, ask a trusted friend or physician for support and guidance.  It is important to trust yourself and your parental instinct during this very confusing time as mothers and fathers know best.  Be wary of taking too much advice or reading too much on the internet as you will drive yourself crazy.

It is important to know that early intervention only applies from the ages of 0 to 3 years old. Similar to a “choose your own adventure” novel, be prepared for the services to end as your child may not qualify for special education services unless he or she is eligible. At the conclusion of early intervention, there will be a transition meeting where your child will transition out of early intervention and into the general education classroom or your child will transition into special education. Not all kids will qualify for special education services and not all kids who qualify for special education services will actually qualify for a preschool program. Pay attention to birthdays and dates of birth because they are the triggers as to when services stop and start. By that, I mean be aware of the school calendar and when the school calendar age cut off is for services. Be ready to have all your medical documentation lined up if you are need of services but remember, the school district has the right to conduct their own evaluations when determining eligibility. I would suggest taking notes or keeping a journal so you can accurately measure your child’s progress, particularly if he or she behaves differently during different periods in the day when they are not at the early intervention center.

If you believe that your child is entitled to special education services, you will need to begin getting your documentation early to make your case to the school system as to why your child is entitled to special education services.  Special education falls within a different part of the law (part C) and is an entirely different test. Rather than being proactive as early intervention it is reactive to a diagnosis and educates accordingly to the child’s needs.

Early intervention is overseen by the Massachusetts Department of Public Health.  If you believe your child is entitled to early intervention services and has been denied services, more information can be found here:

            http://www.eiplp.org/documents/MDPH_Family_Rights_Notice.pdf

As you are driving around town seeing all the school buses and kids with the new backpacks, remember that your ultimate goal is to get your child prepared for kindergarten so that his or her first day of school is a positive experience for all.

Let Me In, Baby!

 

Yes, this title is funny, however the ruling in this case will literally open up doors to disabled people that were not there before.

All my life, I've had to go through alternate entrances and through dingy, dark places or learn how to navigate the maze to find the handicap entrances.  I worry, however, that this decision will place a burden on small businesses and the larger issues of where to sit once you're inside of a restaurant or whether there's a handicap accessible bathroom may be overlooked.  This decision is only one small victory in making any place truly accessible.

For example, I find when I go out to eat that there are designated handicap areas, although not explicitly said, if I go to a restaurant, they tend to seat me in the same seat 9 out of 10 times. This is for the convenience of the wait staff and accessibility around my wheel chair.  However, I would love to be able to sit somewhere else for a different view of the action.  Most places can, and will, seat you some place else if you ask, so it is worthwhile to ask.

PARENTS OF CHILDREN WITH ASD AGES 0-9

AN IMPORTANT ANNOUNCEMENT FROM THE AUTISM DIVISON

Open Enrollment for the Children’s Autism Waiver Program

October 7, 2013- October 18, 2013

WHO SHOULD APPLY?

1) Parents who have children on the autism spectrum 0-9 years old

2) Parents who think intensive services are needed to support their

child with autism spectrum disorder in the home and community (ABA, floor time, as well as respite and other services)

The Autism Waiver program offers $25,000/year of services for three years for each child selected.

3) Parents who think they might be eligible for MassHealth

Ø  Applications for the Autism Waiver Program must be postmarked between October 7, 2013 and October 18, 2013.  Applications with postmarks before October 7 or after October 18 will be discarded.

Ø  Even if you applied during the last open enrollment period, you must apply again between October 7 and October 18 to remain eligible for Autism Waiver services.   

Additional Information about this Waiver Program will soon be available on the DEPARTMENT OF DEVELOPMENTAL SERVICES Website at: www.mass.gov/DDS under ‘Autism Spectrum Services’ or contact 1-888-367-4435.  Information is also available through the Autism Support Centers listed below.

Listing of the Autism Support Centers:

HMEA: Autism Resource Center                                           

71 Sterling Street, West Boylston, MA 01583    

#508-835-4278: Serving Central, MA

ACL: Community Resources for People with Autism (CRPA)                

116 Pleasant St. Easthampton, MA 01027                           

#413-529-2428: Serving Western, MA

Community Autism Resources (CAR)                                

33 James Reynolds Rd, Unit C, Swansea, MA 02777                       

#508-379-0371: Serving Southeastern, MA

TILL, Inc.: Autism Support Center                       

20 Eastbrook Rd. Dedham, MA 02026                 

#781-302-4600 x 4661: Serving Greater Boston

SNCARC: The Family Autism Center                                 

789 Clapboardtree Street, Westwood, MA 02090          

#781-762-4001, X. 395: Serving Norfolk County Area

NEARC: The Autism Support Center  

6 Southside Road, Danvers, MA 01923                                

#978-777-9135: Serving Northeastern, MA

Advocates: Autism Alliance of MetroWest (AAMW)

14 Central Street, Natick, MA 01760

#508-652-9900: Serving Metro West of Boston