An Easy Way to Make a Big Difference for People with Autism

I serve as a state advocacy coordinator for Autism Speaks, but as a parent, I have a personal appeal for you. Health reform is moving along without a critical component -- assurance that insurance companies will be required to cover autism services. You can help by making two phone calls, sending two emails, and telling your friends about this.

Most urgent, call House Speaker Nancy Pelosi at 202-225-0100.

Also important, call Senate Majority Leader Harry Reid at 202-224-3542.

If you aren't sure what to say, you can use these messages:
"Hi, My name is _______________. I am calling from (your city, your state). I want you to know that health care reform that does not stop autism insurance discrimination is unacceptable. People with autism deserve coverage for the treatments and therapies that will help their medical condition. Thank you."

You can also email Speaker Pelosi and Majority Leader Reid.

Read more about these issues and how you can get involved.

An Open Letter -- and Homework -- for Secretary Duncan

Dear Secretary Duncan:

I like to report on positive steps the administration is taking to improve the lives of people with disabilities. And I'd REALLY like to find some good news -- even supportive statements -- coming from you and the Department of Education. I promise you, if you say something positive, I'll report it here and many people will read about it.

But PLEASE. Give me something to work with.

As an example, you met yesterday with the American Federation of Teachers, the second largest teachers union, with 1.4 million members. In your address and in the Q&A, you never mentioned special education and how it might fit in with your proposed education reforms.

You had a chance when a teacher from Illinois asked you about standards for paraprofessionals. You could have said, "Great question. As you know, we have more than 250,000 paraprofessionals in our schools who play an important role supporting teachers -- and who are critical to our ability to meet the needs of children in special education programs. We have to make sure that we have high standards for them just as we do for teachers."

That's what you could have said. Instead, your answer was: "Great question. One I haven't done a lot of work on."

Secretary Duncan, with all respect, it's time for you to do some work on special education. As a start, please read this fact sheet on paraprofessionals from your own Office of Special Education Programs (OSEP). But please, don't stop there. As you work to fulfill your responsibility to provide education for all Americans, including those who have disabilities, visit the OSEP website to learn about its programs and responsibilities. While you're there, you may notice that under "what's new," there are only two new entries since President Obama took office six months ago. I hope to see more developments and hear your plans soon.

Longtime Advocate for Blind Dies at 61

After Harold Snider was forced out of his third-grade classes because he was blind, his parents sued Duval County in Florida, and Harold became the first blind child in the county to graduate from public school. He went on to become a leading advocate for people with disabilites. Snider died June 26 at his home in Rockville, Md., after a heart attack.

In the 1970s, he became the first blind employee of the Smithsonian Institution, where he coordinated programs for people with disabilities for the National Air and Space Museum. "You can't look at the spacecraft, so you touch it, or you hold a model of it or a raised line picture of it," he explained. "You can't see an airplane, so you hear its engine roar."

Snider worked on disability issues for the Republican National Committee, and in 1990President George H.W. Bush appointed him as deputy executive director of the National Council on Disability. He helped draft the Americans With Disabilities Act of 1990. He also worked with the National Federation of the Blind to develop NFB-Newsline, an audible newspaper and magazine service that allows people to hear the Washington Post, the New York Times, the Los Angeles Times, the Wall Street Journal, and other newspapers at no cost.

According to an obituary in the Washington Post, Snider "said he was sometimes asked how blind people performed tasks such as crossing the street, cutting a sandwich or, as the more curious would ponder, having sex. 'I tell them I do it like everybody else. In the dark.'"

Waitlist-Gate Likely a Non-Issue for White House Disability Chief

The White House's top disability advocate was back in the news yesterday -- but for the wrong reasons. The Chicago Tribune reported that Kareem Dale, special assistant to the president for disability policy, used his White House email account to recommend a student for admission to the University of Illinois law school, his alma mater. The school's dean testified that the school no longer uses "clout lists" and that Dale's email from April was ignored.

Is this a big deal or a small deal? I say pretty minor, and unlikely to affect Dale's ability to be an effective advocate for people with disabilities. In his email, he stressed that he was writing in a personal capacity -- so while he used poor judgment, there's no evidence he was intentionally implying his endorsement reflected the views of the President or anyone else at the White House.

When I worked at the White House during the first years of the Clinton Administration, several junior staff were reprimanded for receiving -- not sending -- faxes with NCAA brackets during March Madness. It was considered a form of gambling and an ethical violation to give someone the fax number and ask to receive the document. Sending a completed bracket, I'm sure, would have been considered worse.

More relevant, there was a strong policy against using your White House badge to gain any sort of favor. If a local bar or restaurant advertised "half price drinks/food for White House staff," it would be an ethical violation to accept. In fact, you were encouraged to put your badge in your pocket while you were outside the building. So when you work there, you have to recognize that you are always representing the White House and the President -- and increasingly, you are under a microscope from people who want to catch you doing something wrong.

My guess? From now on, Kareem Dale's media exposure will be related to his dual roles as an advocate for disabilities and the arts. And you've heard the end of waitlist-gate.

White House Appoints Assistant Secretary for Special Education and Rehabilitative Services

President Obama has appointed Alexa Posny as his Assistant Secretary for Special Education and Rehabilitative Services in the U.S. Department of Education. As you can see from her bio, she has a lot of relevant experience, including being a teacher herself.

"Alexa E. Posny currently serves as the Commissioner of Education for the state of Kansas. As Commissioner, she is responsible for helping over 450,000 students meet or exceed high academic standards, licensing over 45,000 teachers, and overseeing a state education budget of a little over $4.5 billion. Prior to this, Posny was appointed as the Director of the Office of Special Education Programs (OSEP) for the U.S. Department of Education, a position in which she assisted state and local efforts to effectively educate all children and youth with disabilities. Other positions that Posny has held included the Kansas Deputy Commissioner of Education, Kansas State Director of Special Education, Director of Special Education for the Shawnee Mission School District, Director of the Curriculum and Instruction Specialty Option as part of the Title 1 Technical Assistance Center (TAC) network of TACs across the United States, and a Senior Research Associate at Research and Training Associates in Overland Park, Kansas. Posny earned her bachelor's degree from the University of Wisconsin at Stevens Point, a master's degree in behavioral disabilities and a doctorate in educational administration both from the University of Wisconsin Madison. Currently, she serves on the Board of Directors for the Chief State School Officers, the National Council for Learning Disabilities, and chairs the National Assessment Governing Board's Special Education Task Force. Most importantly, she has been a teacher at the elementary, middle and high school levels and remains a teacher today, serving as adjunct faculty with the University of Kansas."

Posny's nomination requires Senate confirmation. Read July 6 press release, including other appointments.

UPDATE: Kathy Martinez has been confirmed as the Assistant Secretary for Disability Employment Policy at the Department of Labor. Read bio from the Washington Post.

Disability Groups Support Sotomayor Nomination to Supreme Court

Back on May 27, I posted a review of Judge Sonia Sotomayor's record on disability issues. Yesterday Disability Scoop reported that numerous disability organizations are publicly expressing their support for Judge Sotomayor's nomination to the Supreme Court. The groups -- which include the American Association of People with Disabilities, the Autism Society of America, the National Council on Independent Living, the National Disability Rights Network, the Bazelon Center for Mental Health Law, and the National Down Syndrome Society -- wrote a letter to the Senate Judiciary Committee saying Judge Sotomayor's record reflects "a good understanding of -– and healthy respect for -– the rights of persons with disabilities."

UPDATE (July 9) -- Read the letter from these groups. And here's a letter from disability law professors who support Judge Sotomayor.

Autism Speaks Makes Push for Insurance Coverage: You Can Help

Autism Speaks is urging parents and advocates to call Speaker of the House Nancy Pelosi and Senate Majority Leader Harry Red to "stop autism discrimination" by insurance companies.



According to Autism Speaks, "Autism insurance reform can and should be included in the final health care reform bill that President Obama has stated he will sign by the end of October. This is the time to end autism insurance discrimination once and for all. Our children have a medical condition which deserves appropriate treatment, therapy, and care. Congress needs to know that health care 'reform' that fails to stop autism insurance discrimination is unacceptable."

Here are three ways you can help:

1. Call Speaker Pelosi and Majority Leader Reid. Here are their phone numbers and a simple message that you can read or modify:

Speaker Pelosi: (202) 225-0100
Majority Leader Reid: (202) 224-3542

"Hi, My name is _______________. I am calling from (Your city, your state). I want you to know that health care reform that does not stop autism insurance discrimination is unacceptable. People with autism deserve coverage for the treatments and therapies that will help their medical condition. Thank you."

2. Send a message online. Add personal information about why this is an important issue for you and your family. Be sure to let them know that all children with autism from coast to coast deserve appropriate insurance coverage.

3. Forward this information to people by email, Facebook, Twitter, and listservs. Autism Speaks suggests forwarding it to at least 20 people who do NOT have a child with autism -- neighbors, extended family, coworkers, etc. -- and ask them to make these two calls for your child.

To stay updated on this initiative and more, register at autismvotes.org. If you want to make a difference for all children with autism (and their families), this is the most important thing you can do this week.

Patriotism & Special Ed

In this holiday blog post, special ed attorney Jennifer Laviano explains why special education law and patriotism go hand in hand.

"In few areas of the law is there a better demonstration of the ideals of the Founding Fathers than in the Individuals with Disabilities Education Act," she writes. "Something about the way the IDEA envisions a just and equitable educational system as it regards kids with special education needs speaks to me as an American. It really is about all of the things that I love about the founding principles of the USA: justice, fairness, individual rights, recognizing that with power comes responsibility. Protecting the most vulnerable among us."

Follow Jennifer on Twitter at http://twitter.com/JenLaviano. (You won't be disappointed). Her blog is http://www.connecticutspecialeducationlawyer.com.

I hope you had a good Fourth of July. My family helped raise money for autism research and care by running/walking today in the Autism Speaks Potomac 5K, followed by a pool party for our 30+ team members and their families. Mark your calendars for the Walk Now for Autism on the National Mall on Halloween morning -- Saturday, Oct. 31, 2009.

Voting Up Among People With Disabilities

Disability Scoop's Michelle Diament, who you can always count on for the most important news about disabilities, reports that "People With Disabilities Voting In Record Numbers." According to a new study, more people with disabilities voted in the 2008 presidential election than ever before. The 14.7 million voters in 2008 represent a 34 percent increase over 2000.

In 2008, 64 percent of people without disabilities voted, just a bit above the 57 percent of people with disabilities. When you look at people with disabilities as a minority group, the 14.7 million voters compares favorably with African Americans (15.9 million voters) and Hispanics (9.7 million voters.)

If you have any doubt that people with disabilities are a political power, consider this: In an election that gave us our first African American president, almost as many people with disabilities voted as African Americans.

Michael Jackson: Lessons for Disability Advocates, but Which Lessons?

I typically don't comment on pop culture on this blog -- I'll never compete with Perez Hilton, TMZ.com, or People magazine, and I don't want to. But the day after Michael Jackson's death, I came across an article on Twitter with an intriguing title: "What Can We as Advocates of those with Disabilities Learn from the Story of Michael Jackson?" The article was from PediaStaff, a company that recruits and places pediatric therapists, so I was interested in their perspective.

The article, by marketing VP Heidi Kay, suggests that what we can learn from Michael Jackson is that we should have treated him better while he was with us. That instead of criticizing him as a "social misfit," we should have tried to understand him better -- just as we should try to understand and accept children with physical, neurological, emotional, and behavioral challenges. Heidi goes so far as to say, "The story lines of the lives of Michael Jackson, Susan Boyle, and others might have played out differently if the collective 'we' had shown more compassion for them in their hour of need."

That's where I disagree. Yes, some people mocked Michael Jackson for his eccentricities, but the main criticism was reserved for his interactions with children, which were some combination of 1) unusual (no doubt), 2) inappropriate (little doubt), or 3) illegal (not proven). In his own words, from an extensive interview aired as "Living with Michael Jackson":

Martin Bashir: "But is it really appropriate for a 44-year-old man to share a bedroom with a child that is not related to him at all?"

Michael Jackson: "That's a beautiful thing."

Bashir: "Did you ever sleep in the bed with them?"

Jackson: "I have slept in a bed with many children. I slept in a bed with all of them when Macauley Culkin was little: Kieran Culkin would sleep on this side, Macauley Culkin was on this side, his sisters in there...we all would just jam in the bed, you know....Because what's wrong with sharing a love? You don't sleep with your kids? Or some other kid who needs love who didn't have a good childhood?...Why can't you share your bed? The most loving thing to do, is to share your bed with someone."

Like many other people, Heidi defends Jackson by saying he was robbed of his own childhood and that he was cleared of all charges. To some extent, I agree. By many accounts, Michael Jackson was like a child psychologically up until his death at age 50. And apparently he had a special ability to connect with children because he never let go of his childhood. That's not a bad thing. But when you're 30, 40 years old, you're an adult, and sleeping in bed with other people's children is wrong.

And that's the real lesson for advocates of children with disabilities -- because those children are up to 10 times more likely to be sexually abused than their non-disabled peers. So I will respectfully mourn Michael Jackson's death, feel sympathy for his family and friends, and honor his musical legacy -- but I will not endorse his troubling behavior with children just because he has died. What are your thoughts?

Are Disability Priorities Taking a Backseat to the Arts?

If you read this blog for updates on disability issues, you may not care about this article about the Foundation for Arts and in Embassies, from Foreign Policy Journal. So why am I even mentioning it? Because I found it through my Google Alert for "Kareem Dale," Special Assistant to the President for Disability Policy. But most of the time, my Google results relate to Dale's other role -- that of Special Assistant to the President for the Arts and Culture.

In February, I celebrated Dale's appointment as the highest ranking disability adviser in White House history. In March, I linked to this interview with Dale on a range of disability issues.

But also in March, I reported that the president had added a pretty big task to Dale's plate -- overseeing arts and culture. In that post, I wrote, "The question about Dale's most recent role is whether it will distract him from his duties in disability policy or enhance those duties. For example, what is the role of arts and culture for people with disabilities? What effect can art and music therapy play in education for people with special needs?...Is the White House asking Dale to take on too much, or will the two roles complement each other?"

In response to those questions, reader William Pearce commented: "Dale cannot do both jobs well. This is typical for administrations that do not care about disability issues. I see this dual job role all the time in academics and disability issues are never a priority. This is a bitter disappointment."

I'm not saying Dale is not doing a good job as an advocate for people with disabilities. But his public profile -- shaped by his appearances, interviews, and media coverage -- is dominated by the arts, not disability policy. So much so that an opinion piece in the Milwaukee Journal-Sentinel, Johanna Mattern Allen misinterpreted his second appointment as replacing his first. Recommending that the president appoint a cabinet-level position on disability, Allen wrote, "There currently isn't even a policy adviser for disability since Kareem Dale moved to an arts leadership position."

The arts are important to our culture and values, and having a special assistant in that area makes sense. But especially with health reform high on the administration's agenda, it's a slight to the 50 million Americans with disabilities to make their top government advocate split his time with another issue.

Are Chicago Public Schools "Systematically" Denying Special Ed?

Kudos to Christina Samuels over at Education Week's special education blog for picking up on this story from Chicago. Christina and I have been examining Education Secretary Arne Duncan's past experience with special education -- to see what the future might hold -- and a recent article in the Chi-Town Daily News reports that some students with disabilities are being denied access to specialized help, and others are being barred from evaluations for special ed because it's too expensive to educate them. According to the Chi-Town article:

"Mary Ann Pollett, principal of Moses Montefiore Special Elementary School, testified before the City Council's Committee on Education and Child Development that officials have discouraged teachers at her school from reporting students' disabilities because it is too expensive to deal with them.

" 'They deny that that goes on, but it does,' Pollett said, with her superiors only a few yards away. 'Montefiore is only the tip of the iceberg. This goes deep into a systemic issue that needs to be addressed within the Chicago Public Schools.' "

Also at the meeting, the president of the Chicago Teachers Union released a survey showing that more than 70 percent of teachers and case managers believed students in their schools with emotional or behavioral problems were not receiving special education.

Is this Arne Duncan's special-ed legacy as head of Chicago schools? If so, what does that say for today's students across the country who need special services?

Happy Father's Day

If you're a father, have a father, or are married to a father, this article by Sharisa Lewis in the Examiner in Dallas is for you: "Dads of Special Needs Kids Deserve Extra Honor, Praise."

I'm not sure I agree with Sharisa's headline. As one of the fathers she's writing about, I think fathers with children with special needs (like all parents) do everything we do because we love our children and want what's best for them.

Sharisa makes a good point about President Obama's recent speech challenging fathers to be more involved with their children. He said, "We need to step out of our own heads and tune in. We need to turn off the television and start talking with our kids, and listening to them, and understanding what's going on in their lives."

But Sharisa accurately points out, "Fathers of kids with special needs have an extra challenge to reconnect each day with that child. Sometimes it comes easily, some days it doesn't seem worth the effort. Applause to all the fathers who keep on loving and building up the child with special needs, even through the disappointing days."

(That's me and my daughter in the photo above. It's a few years old, but I've always liked it.)

Happy Father's Day.

Is Obesity a Disability?

At the annual meeting of the American Medical Association, doctors discussed whether obesity is a disability that should be covered by the Americans with Disabilities Act. They said no.

According to ABC News, the doctors' rationale was that labelling obesity as a disability could restrict communication with their patients. They fear they could be reprimanded if they offended a patient by telling the truth: "You're overweight, you're at risk, and you need to lose weight."

The AMA's resolution states: "We do not want to have this limit the ability to have doctors talk about a very serious condition. If obesity is designated as a disability, physicians could be sued or reprimanded for discrimination under the Americans with Disability Act if a patient takes offense at the physician discussing obesity. Therefore be it resolved that our American Medical Association not support the effort to make obesity a disability."

Making This Blog More Accessible

Today I received a nice note from "Accessibility Evangelist" Darrell Shandrow, who runs the Blind Access journal and podcast. Darrell asked me to consider using comment moderation instead of word verification to prevent spammers from posting inappropriate comments. "Though an audio alternative is provided," he explained, "it is difficult to use and still locks out the deaf-blind."

Because I agree with Darrell that resources like my blog should be fully accessible to all people with disabilities, I have enabled comment moderation. I promise to quickly review all comments, and I will post everything except spam, inappropriate language, and personal attacks.

Thanks for making this blog more accessible, Darrell.

Teacher Whose Class Voted Out Kid with Autism is Reinstated

Here's a story for you.

May 2008: 5-year-old boy with autism has behavior problems. Teacher asks students to vote on whether he should stay -- they vote him out. Teacher is suspended one year without pay, and tenure is revoked.

June 10, 2009: Teacher wins appeal. Will return in November with tensure reinstated.

Here's a TV Report, via Disability Scoop.

Palin Reappears as Special Needs Advocate

After her unsuccessful bid for vice president, I wondered aloud if Gov. Sarah Palin would honor her pledge to be an advocate for people with disabilities. During the campaign, she said if she were elected, people with disabilities would have an advocate in the White House. I pointed out that she didn't have to be vice president to be an advocate.

On Sunday, Gov. Palin participated in a fundraiser in Long Island, N.Y., for Independent Group Home Living, a nonprofit for children and adults with developmental disabilities. She also spoke at a walk for Autism Speaks. With her were her husband, Todd; their 14-year-old daughter Willow; Palin's sister Heather Bruce, and Bruce's 14-year-old son Karcher, who has autism.

I give her credit for publicly showing her support and for taking the time to make public appearances that raised money for two great causes. But as I expressed during the campaign, why did Palin continually say that giving birth to her son Trig (who has Down Syndrome) was the first time she became aware of disabilities? At that point, her own sister had had a son with autism for more than a decade, yet disability advocates in Alaska universally said her policies as governor showed no understanding or special interest in disabilities.

Imagine you're Palin's sister Heather, in a crowd of 1,000 people, and you hear your sister say:
"Having a son being born with Down Syndrome is a whole new chapter of our lives....It's taken a while for us to get to this point where we can say, 'Thank you, God for allowing us to recognize the special needs community.' Without Trig this would be absent from us."

"Absent from us"? Isn't having a nephew with autism reason enough to champion the cause, especially if you're the governor of your state?

Secretary Duncan: 4,720 Words, But No "Special Ed"

If you want to know Education Secretary Arne Duncan's thoughts about education, read the extensive speech he gave yesterday at the National Press Club. (Read transcript from Congressional Quarterly or watch video.) If you want to know his thoughts about special education, you'll have to look somewhere else.

In a speech intended to highlight the administration's education priorities, his 4,720 words did not include "special education," "special needs," "disabilities," or the "Individuals with Disabilities Education Act." That seems odd to me, but it's in line with criticism he received from disability advocates when President Obama nominated him. As I reported on Feb. 10, one Chicago advocate said: "He’s not been a great supporter of special ed. I don’t think he dislikes special-needs kids; it just wasn’t on his radar screen during the time he was here."

And yesterday, the only time he mentioned special ed was in response to a question:

"MODERATOR: Why did the FY 2010 budget request $1.5 billion less than appropriated in fiscal year 2009 for the Title I basic grants? Do you intend to curtail or end the basic grants program? Why or why not?

"DUNCAN: We did two things strategically. One, is in the stimulus package, as you know, there was north of $10 billion in new Title I money that came in, so unprecedented money for Title I, unprecedented money for IDEA, for children with special needs. What we actually are doing is we’re beefing up significantly the Title I school improvement grants. We shifted resources there. And that was a strategic decision."

Kudos to the administration for recognizing special ed as a priority in its budget decisions, but the education secretary also has a responsibility to be a spokesperson and advocate for students with special needs. Being a spokesperson means talking about it -- like when you give a 4,720-word speech about your priorities.

Sonia Sotomayor: The Supreme Court Nominee's Record on Disabilities

Yesterday President Obama nominated Sonia Sotomayor to replace Justice David Souter on the U.S. Supreme Court. I'll let others debate her qualifications and her historic relevance as the first Hispanic nominee to the Court. Instead, I'll highlight her experience related to disability policy and special education.

Initial reaction from disability advocates appears to be positive. Andrew J. Imparato, president and CEO of the American Association of People with Disabilities, said: "Based on our preliminary analysis of Judge Sotomayor’s extensive record on the bench, we are encouraged that she may be the champion we have been looking for. Her jurisprudence in the disability area shows that she has a good understanding of the real life implications of her decisions and sees the important connections between disability rights laws and other civil rights laws."

Among her cases as a judge on the U.S. Court of Appeals, Sotomayor ruled on issues related to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), Social Security, and Medicaid. In its analysis of these and other issues, Eduwonk.com concludes: "Judge Sotomayer seems inclined to favor student rights...and seems to in general be sympathetic to individuals over the system. And disability advocates will also likely have another friend on the high court if she is confirmed."

In Frank G. v. Board of Education of Hyde Park, she was part of a unanimous decision by a three-judge panel stating that parents can get reimbursed for private school tuition for a child with disabilities even if the child has never received services from their home school district.

Sotomayor ruled favorably at least one ADA case, Bartlett v. New York State Board of Law Examiners. In the case, a woman with significant learning disabilities (diagnosed as an adult) sought accommodations to take the New York State Bar examination. Sotomayor ruled in favor of these accommodations. In fact, her decision was mentioned during the debate on the ADA Amendments Act of 2008. Here's an excerpt from the Congressional Record from Sept. 17, 2008:

"Mr. STARK: Specific learning disabilities, such as dyslexia, are neurologically based impairments that substantially limit the way these individuals perform major life activities, like reading or learning, or the time it takes to perform such activities often referred to as the condition, manner, or duration. This legislation will reestablish coverage for these individuals by ensuring that the definition of this ability is broadly construed and the determination does not consider the use of mitigating measures.

"Given this, would the chairman agree that these amendments support the finding in Bartlett v. New York State Board of Law Examiners in which the court held that in determining whether the plaintiff was substantially limited with respect to reading, Bartlett's ability to 'self-accommodate' should not be taken into consideration when determining whether she was protected by the ADA?

"Mr. GEORGE MILLER of California: Yes, I would. As we stated in the committee report on H.R. 3195, the committee supports the finding in Bartlett. Our report explains that 'an individual with an impairment that substantially limits a major life activity should not be penalized when seeking protection under the ADA simply because he or she managed their own adaptive strategies or received informal or undocumented accommodations that have the effect of lessening the deleterious impacts of their disability.'

"Mr. STARK: I want to thank the chairman. It is indeed our full intention to ensure that the civil rights law retains its focus on protecting individuals with disabilities and not the interests of entities that may need to address their practices in accordance with the ADA. I look forward to working with the chairman to continue to protect individuals with specific learning disabilities to ensure that unnecessary barriers are not being erected in their path."

Read excerpt (page 6).

Also, as Time magazine reports, Judge Sotomayor would become the first Supreme Court Justice with Type 1 diabetes, a condition that was diagnosed when she was 8.

What are your thoughts on Sotomayor's qualifications and potential impact on disability law?

White House Addresses Alleged Abuses Against Students with Disabilities

Today the White House met with representatives of 40 community groups and education organizations after a GAO report revealed restraint and seclusion practices used with students with disabilities. A senior White House official told Disability Scoop: "The White House is very concerned about the restraint and seclusion issue, especially the deaths and serious injuries that have taken place across the country. We are committed to working with the secretary of education, Congress, and the community to explore solutions to this issue."

A License Plate for Erectile Dysfunction Awareness?

In Oklahoma, bitterness over the partisanship defeat of autism insurance coverage continues.

Yesterday the House passed SB 2, a bill that would create an autism awareness licnese plate, among others, but Democratic Floor Leader Mike Brown suggested the priorities of House Republicans might be better reflected by a license plate to raise (sorry) awareness of erectile dysfunction. Going back to last session, a proposal to mandate insurance coverage for autism faced stiff (sorry) opposition from Republicans.

After losing that battle, Rep. Brown in February introduced an amendment saying no Oklahoma insurance carrier could provide coverage for erectile dysfunction unless they also provided coverage for autism spectrum disorders. The amendment was defeated along party lines, 59-37.

"Every Republican in the House chamber that day...voted against my amendment," Rep. Brown said. "They are on the record as saying that sexual pleasure is more important than the health of children with autism and the struggles of their families. Since my Republican colleagues already voted once that they don't believe insurance coverage for autism treatment is at least as important as coverage for erectile dysfunction therapies, I would have expected them to be consistent and promote erectile dysfunction awareness right alongside autism awareness."

Administration Backing Away from Support for Community Choice Act?

After the 2008 presidential campaign, I told you that I would be honest in my critique of the new administration -- giving credit when it's due but also holding the administration accountable. And I'm concerned the White House is backing away from a campaign pledge to support the Community Choice Act. In this post from Sept. 22, 2008, I criticized Sen. McCain for not supporting the Community Choice Act and pointed out that then-Sens. Obama and Biden were co-sponsors.

Medicaid requires states to cover long-term care in insitutions, but does not require states to support people who live in their own homes -- which essentially means government policy favors institutionalization over providing options that allow for more independence.

Disability advocate Michael Volkman, in a May 15 op-ed titled "Give Disabled Choice of Home," explains: "Twenty-seven states provide no community-based assistance, so people like me living in those states are taken from their families and shut away. Many other states restrict services and have long waiting lists to get them. There are people who could live independently with just a few hours of aide service each day for less than $100, and others who need more hours but still could live independently. Instead, they are forced into nursing homes at a cost of hundreds of dollars more for each person for each day."

The bills that make up the Community Choice Act, HR 1670 and S 683, have languished in Congress with little action for 12 years, so disability advocates were encouraged when the Obama-Biden campaign committed to push for its passage. But in a recent meeting with American Disabled For Attended Programs Today (ADAPT), Nancy-Ann DeParle, the administration's health care reform czar, apparently suggested the Community Choice Act might not be part of the health care reform package.

And the White House has changed the disabilities page on its website, removing President Obama's intention to enforce the Community Choice Act. Instead, a new paragraph says, "The President believes that more can be done to encourage states to shift more of their services away from institutions and into the community, which is both cost-effective and humane."

Volkman: "Encouraging states to take the lead doesn't mean they will. If they wanted to, they could have done it years ago."

Here's more from Patricia Bauer's Disability News.

GAO Report Uncovers Abuse of Disabled Students

A new report by the Government Accountability Office (GAO) says thousands of disabled children are secluded or restrained in America’s public and private schools each year, and many of the techniques are allegedly abusive or cause death
After the National Disability Rights Network reported on dozens of cases of injuries or deaths resulting from restraint or seclusion, Rep. George Miller (D-Calif.) requested the GAO report.

Rep. Miller said, "School is a place for students to learn, grow and thrive....Yet some educators are misusing behavioral interventions -- interventions that were intended only to be used in emergencies as a last resort -- for discipline or convenience in non-emergency situations."

Read a summary or the full report.

"The Disability Mess" -- And How to Clean It Up

The New York Times blog presents several perspectives on what's wrong with federal programs intended to support people with disabilities -- and how the Obama Administration should improve them. The administration's proposed 2010 budget assumes that huge savings can be generated by spending more to eliminate fraud, abuse, and waste in Medicare, Medicaid, and the Social Security disability insurance program.

Federal spending on disability insurance rose 65 percent from 2001 to 2007, but the but the number of medical reviews to determine eligibility for continuing disability payments dropped from 840,000 to 190,000 in the same period. The Times asks: "Why have federal disability costs skyrocketed? Is it because of fraud, an increase in the number of the truly disabled, or are there larger problems with the program?" There are no easy answers, as these excerpts show:

Jennifer Erkulwater, political scientist: "As the recession wears on and more people apply and fewer people are re-examined, disability rolls can be expected to grow. However, the villain here is not fraud. Instead, program growth is the result of intentional changes to policy and administrative capacity."

Richard Burkhauser, public policy professor: "President Obama could be the same agent of change toward disability policies as President Clinton was on welfare reform. The key is recognizing that most working age people with disabilities could and would work, if work paid."

Gary Burtless, Brookings Institution: "The federal government can certainly reduce the disability rolls and the cost of the disability program by conducting more frequent and tough-minded reviews of recipients’ disability status. There will be collateral damage, however....It makes sense to conduct the reviews, but it would be sensible to focus reviews on workers with medical conditions that are most likely to improve."

Tim Moore, former state disability examiner: "Fraud...occurs in a very, very small percentage of cases....Though the disability benefits are paid by the federal government, they are processed in a system that involves both federal and state agencies. The salaries of disability examiners are paid by the federal government, but they are state employees. In this recession, some states are furloughing these workers, too."

Morley White, administrative law judge: "I generally believe in the sincerity of what [disability claimaints] say. They are poor and the benefits they receive are now only $674 a month for an eligible individual. What are these people supposed to do in this economy with the limitations they say they have? There is too much emphasis on reputed individual fraud and not enough on how the system itself can be reformed."

Read more.

Questions About Administration Plans to Overhaul "No Child Left Behind"

"I don't know if 'scrap' is the word," Education Secretary Arne Duncan told reporters last week, addressing the administration's plans to overhaul the No Child Left Behind Act. "Where things make sense, we're going to keep them. Where things didn't make sense, we're going to change them."

Some advocates are concerned that administration officials clearly plan to make major changes to the program, but they are vague on details. And you should follow this debate, because disability advocates have questioned Secretary Duncan's credentials ever since President Obama appointed him. As an example of what makes some people nervous, consider this statement by Secretary Duncan:

"What No Child Left Behind did is, they were absolutely loose on the goals. But they were very tight, very prescriptive on how you get there. I think that was fundamentally backwards." He went on to say the government should be "tight" on goals -- with rigorous, uniform standards for all states.

And as I wrote in a previous entry, Secretary Duncan is overly focused on the "PR" and the "brand" of No Child Left Behind. "I do think the name 'No Child Left Behind' is absolutely toxic; I think we have to start over," he has said, adding that he'd like to hold a contest for students to come up with a new name.

After the previous administration, what we need from President Obama and Secretary Duncan is real leadership and substance -- not contests and smoke-and-mirrors branding. Are we really ready for the AmericanIdolization of the Department of Education?

Should Disabled Students Be Protected from Bullying? Focus on the Family Says No

Minnesota has introduced anti-bullying legislation that would cover students with disabilities. The bill covers "actual or perceived race, color, creed, religion, national origin, sex, marital status, disability, socioeconomic status, sexual orientation, gender identity or expression, age, physical characteristics, and association with a person or group with one or more of these actual or perceived characteristics." It would also cover electronic forms of bullying.

Not surprisingly, a study by the Medical University of South Carolina found that students with disabilities are left out and bullied more than other children.

Writing in the Minneapolis Star-Tribune, a special ed professional George Griffiths has an insightful perspective on students' acceptance (and non-acceptance) of students with disabilities. "I don’t have any illusion that simply passing the Safe Schools for All legislation will magically stop bullying in Minnesota classrooms," Griffiths writes. "But the legislation sets a standard. And by specifically listing disability along with other attributes, such as sex, race, religion, sexual orientation, and physical characteristics, the legislation makes plain that, when it comes to bullying, absolutely no exceptions should ever be tolerated."

Who would oppose anti-bullying legislation, you ask? Try the right-wing Christian organization Focus on the Family. The Minnesota Family Council, an affiliate of Focus on the Family, is openly opposing the legislation, saying, "We believe this will open the door to promoting a certain social agenda." Read the official national position for yourself on Focus on the Family's own website: "We do not support special 'safe school' and anti-bullying legislation because of the way it opens the door to advance an aggressive, pro-homosexual agenda in public school classrooms."

See also "10 Years After Columbine, Focus on the Family Opposes Anti-Bullying Programs."

Rep. Kline: Fund IDEA Now

Sorry for the delay in postings. Last week I was lying on a beach in Florida and largely took a break from the computer. It wasn't easy, but I highly recommend it.

One piece of news that happened while I was away was an amendment proposed in the U.S. House of Representatives to fully fund the Individuals with Disabilities Education Act (IDEA). Back in 1975, Congress committed to provide 40 percent of the cost, with states and school districts making up the difference. But federal funding has typically been less than 20 percent.

"For far too long, our nation’s schools have been waiting patiently for Congress to fulfill its promise to fully fund special education," Rep. John Kline (R-Minn.) said in introducing the amendment. "By fully funding special education, we would free up desperately needed funds schools across America could use to address their specific needs – whether it is state of the art classrooms, additional teachers, or new textbooks."

President Obama and Vice President Biden support fully funding IDEA early in the campaign. Toward the tale end of the campaign, Sen. McCain and Gov. Palin also expressed support for IDEA. So I hope that Congress, the White House, and advocates on both political sides can pass this important legislation. What do you think -- is the economic mess an opportunity to make the case for this investment? Or will opponents use the economy as a reason to reject it?

Read more at Rep. Kline's blog. Or let him know what you think on his Facebook page.

Help Wanted: Special Ed Teachers

The Washington Post reports that the demand for special education teachers is outpacing the supply. Turnover among these teachers -- those who leave the profession or move to other areas of teaching -- is higher than most other areas of education. The result? Students with disabilities are more likely to experience inconsistency and learn from unqualified individuals.

However, the Post article profiles one school in Virginia that has kept class sizes small and has given staff the support they need. That school has been able to retain all seven special education teachers hired three years ago.

Read "High Turnover and Job's Challenges Keep Special Education Teachers in Demand."

Some Good News, Close to Home

Recently I asked for some good news to share with Special Needs '08 readers. Today I found some good news right my own county. According to an article in our local Gazette, Montgomery County Public Schools will spend more than one-third of its $15.3 million in federal stimulus to add teachers and support staff for 16,000 special-needs students, including fifth-grader Ray (see photo).

"For the next two school years, President Barack Obama's American Recovery and Reinvestment Act will bring the federal government's support for special education to its highest level ever in Maryland and Montgomery County, according to county and state records. But amid budget shortfalls and an explosion of autistic students, the stimulus largely replenishes job cuts and restores what was going to be the county's flattest increase in special education in several years."

So what's YOUR good news?

Republican, Female, Pro-Life, Disability Champion

Meet a pro-life Republican woman from the Northwest with a child with Down Syndrome who's emerged as a leader in disability policy. No, not Sarah Palin, whose recent actions seem to be aimed at advancing her personal career.

A recent post from Patricia Bauer's great blog linked to an article in the Weekly Standard profiling Rep. Cathy McMorris Rodgers of Washington State, a pro-life Republican and a powerful champion for people with disabilites. The mother of a boy with Down Syndrome, Rep. McMorris has launched the bipartisan Congressional Down Syndrome Caucus. Read about her.