[Missouri-l] [leadership] Fw: CAPVI news: Speak out for the 3 year olds

peter altschul paltschul at centurytel.net
Mon May 25 13:11:24 CDT 2009


>From Robin Hansen, Special Education Reporter for SF Examiner:

Speak out for the 3 year olds, special education bill AB 1124

May 1, 11:40 AM

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AB 1124 is a bill put forth to reinstate the law regarding a 
"stay put" provision when a child transition from the regional 
center (or early intervention) services at age 3 to the local 
school district.



HISTORY:

When (Individuals with Disabilities Education Act), IDEA2004 was 
amended under the republican dominated congress, many rights of 
the rights of our disabled children were stripped away.  In the 
regulations, implementing the 2004 amendments, the US Department 
of Education took the position that, during a pending dispute, a 
school district has no obligation to continue providing services 
which were received under Early Start or regional center.  This 
resulted in a gap of services at a critical stage of 
developmental.  This bill will eliminate that gap.  School 
district lawyers wasted no time telling school administrative 
staff they could refuse to provide any services at all.

Ironically, under federal law IDEA, a child can be qualified for 
any services they need  if the IEP (Individualized Education 
Plan) team determines the child needs help.  They are never 
obligated, at any time, to follow strict criteria for eligibility 
in oder to give a child help!  When cases went to litigation, 
improperly trained OAH staff started making rulings against 
children getting help.  Litigation firms whispering in school 
administrator's ear, encouraged school districts not to offer 
services.  The law firms could go to court and win a case and a 
huge fee, knowing these decisions were the books.   Again, tax 
dollars for lawyers, not children.



DAMAGE DONE:

During my special education advocacy training I saw this happen 
first hand.  I watched a parents of a high functioning autistic 
child go from getting excellent services through the regional 
center, to being forced to pay privately from the day he turned 3 
years old.   Originally, the school was going to provide 
services, but after a little chat with the infamous money making 
firm, Fagen Friedman & Fulfrost , the school district decided to 
cut services altogether.  http://tinyurl.com/d4oznl  The very 
wealthy district forced the parents to litigate and the ALJ 
decided to blow off the testimonies of highly qualified doctors 
who insisted the child needed services.  Since 2005, thousands of 
children have suffered the same fate.



HOW TO CHANGE THIS OUTRAGE:

AB11254 will change this miscarriage of justice.  A big thank you 
to Assembly Member Mariko Yamada for introducing this bill!

Please email or fax our legislators today and let them know you 
support AB1124.  Safeguard the rights of 3 year olds because they 
cannot speak for themselves.  Since they are disabled, without 
early intervention, they may never be able to speak out at all.

SAMPLE LETTER AND CONTACT INFORMATION:

http://www.disabilityrightsca.org/legislature/Legislation/2008-20
09/AB_1124_Yamada.htm

For more info:

http://autismspeakssacevents.blogspot.com/2009/04/ab-1124-stay-pu
t-april-15th-130pm-rm.html

http://democrats.assembly.ca.gov/members/a08/News_Room/Press/2009
0402AD08PR01.aspx



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