Reading & Other Learning Disabilities

In a previous post we argued that it’s “A Tough Time For Children And Adults With Disabilities.” Politicians are cutting critical services, using budget shortfalls as the excuse, when in many cases the underlying motivation is encased in political philosophy, opportunism, and the belief that people with disabilities and their families won’t or can’t effectively challenge the cuts. We recommended several action steps.

Action Steps

We suggested that people who care about children, youth, and adults with disabilities, any kind, should:

• Ignore bumper sticker phrases like “reduce taxes,” “higher standards,” “throw the bums out.” These are usually shorthand phrases for inflaming anger or bigotry and gaining political power, not phrases for strengthening knowledge or insight and improving lives.
• Read about and study policies that will help your children and then become politically active in supporting them. Keep holding politicians accountable: keep asking them questions, keep examining their votes, keep examining the bills they offer, keep calling them, keep withholding support for those whose actions don’t immediately help your child and other children, keep supporting those whose actions do, join and actively support organizations that support your views. Consider running for office so you can institute and support policies that help children.
• Learn, learn, learn. And share your learning. Keep writing to newspapers and magazines and blogs. Call radio shows. Let them know what you think and why: provide compelling facts and logic, not bitterness and bluster.
• Help schools to get the resources they need to help your child and all children; then keep holding the schools accountable for their actions. If they have the resources, they should have the accountability. Do the same for state agencies that are supposed to serve adults with disabilities (http://www.reading2008.com/blog/a-tough-time-for-children-and-adults-with-disabilities-what-to-do.htm).

In NJ, It’s Time to Act

If you live in NJ and you have a child with developmental disabilities, read this Action Alert and then follow the steps recommended. Act: If you don’t, your child and family may suffer. If you don’t live in NJ, save the column as it may well apply to your situation.

NJ’s Division of Developmental Disabilities (DDD)

Changes How it Will Provide New Day Service Placements

By S. Paul Prior, Esq. and Herbert D. Hinkle, Esq.

In a move that will likely have significant impact on individuals with developmental disabilities scheduled to graduate in June 2010, the Division of Developmental Disabilities (“DDD”) announced today that it is changing how it will provide new day program placements. Unless families act quickly, their children may be without any services when educational entitlements end. Under federal law, a person with a disability found eligible for special education and related services is entitled to a free and appropriate public education until age 21. In New Jersey, educational services extend to the June following the student’s 21st birthday.

Despite the fact DDD describes day services as the “backbone of the system that serves individuals with developmental disabilities,” the agency “In response to recent developments in the state’s fiscal situation” will now provide day services, including self-directed day services, only on an “emergency” basis. Pursuant to DDD’s rules, the criteria for an emergency placement in a day program are:

1. The individual has been placed in a Division funded residential placement and does not have a current day program;

2. The individual would become homeless without a day placement; or

3. The individual requires supervision which is not available during the day and is at risk of imminent peril.

This is a developing issue and parents should check our website often (www.hinkle1.com) for updates as information becomes available.

In the meantime, parents must act quickly to do the following:

1. Make sure your child’s name is on the day program waiting list. This request should be directed to your case manager in writing. If you have made this request previously, do not assume DDD has a record of it, additional verification may be needed.

2. Gather information now about what will likely occur if your child does not have day services available. Will your child regress? Will behaviors re-emerge or become worse? Will there be a serious risk to the health, safety, or welfare of the child or other family members living with him or her? Your child’s school, doctors, and therapists may be good sources for this information.

Most importantly, do not wait until June to request day services. Over the years, particularly when state resources are limited, we have helped families develop arguments, strategies and provided strong advocacy, maximizing the potential that services will continue with little or no gaps.

The attorneys at Hinkle, Fingles and Prior are available to speak at your school, agency or parent groups on this important topic. (www.hinkle1.com)

Howard Margolis @ Reading2008&Beyond (www.reading2008.com/blog)