Our Children Left Behind [OCLB]

A BIG WIN FOR PARENTS!

Today the United States Supreme Court struck a blow for parent rights under IDEA by holding that Jeff and Sandee Winkleman have the right as parents to use the federal courts to enforce special education rights without having to hire a lawyer.  The Supreme Court said that the clear statutory scheme behind IDEA intended that parents be free to proceed to federal court on their own when they feel their child's right to a free appropriate public education is being violated.  Justice Kennedy wrote the opinion supporting the Winkleman's rights and was joined in agreement by Chief Justice Roberts and Justices Stevens, Breyer, Souter, Ginsberg, and Alito. 

Justices Scalia and Thomas agreed that the Winkleman's should be able to go to federal court on their own to seek reimbursement for private school costs but did not agree that parents should be able to go to court on their own in all instances. 

Parents now need not fear that school districts will impose another layer of legal obstacles in front of them when they go to federal court acting as their own lawyers to appeal cases for their children.  Had the school district won, parents and children throughout America would have lost yet another opportunity to challenge a school district's decision which they believe denied their children a free appropriate public education. 

You may view the opinion at: http://www.law.cornell.edu/supct/html/05-983.ZO.html

Calvin and Tricia Luker

 Our Children Left Behind [OCLB] was created and is owned/operated by parent volunteers (Sandy Alperstein, Tricia & Calvin Luker, Shari Krishnan, and Debi Lewis).  Permission to forward, copy, and/or post this article is granted provided that it is attributed to the author(s) and www.ourchildrenleftbehind.com.  For more about OCLB or to share information, please contact parentvolunteer@ourchildrenleftbehind.com.

From Vanderbilt University:

For families of young children with autism: Quality of Life Survey

You are invited to participate in a research study to evaluate family quality of life in families with young children with autism spectrum disorders. If you have a child under the age of six years who has been diagnosed with an autism spectrum disorder, please consider participating in this survey. Your participation will help the investigators identify the unique needs of families with young children with autism. The survey will take approximately twenty minutes to complete and you will have the option to complete additional surveys as part of the same study at the end. The additional surveys will take approximately forty minutes to complete.

Please only complete the survey once.

Survey participants must have a child under the age of six years who has been diagnosed with an autism spectrum disorder.

If you would like to participate, please click the link -  http://www.surveymonkey.com/s.asp?u=367163863838

HRSA Awards $2.9 Million for Family-to-Family Health Information Centers

The Health Resources and Services Administration - http://www.hrsa.gov/  has announced 30 grants worth $2.9 million to support new and continued Family-to-Family Health Information Centers for parents of children and youth with special health care needs. Twenty-four new and six continuing statewide centers will each receive grants of $95,700 beginning June 1, 2007.

"The centers help parents access information about health care, community resources, support services and technical assistance that they can use to make informed decisions regarding their children's care," said HRSA Administrator Elizabeth M. Duke.

Family-to-family centers employ parents - http://newsroom.hrsa.gov/inside-hrsa/march07/parents.htm  of children with special health care needs who have experience navigating complex health care and social service systems to help other parents who may be facing similar circumstances.

Data collected from the continuing grantees show that information shared by staff at the centers helps more children with special health care needs keep medical appointments. That results in more family-centered care from providers for these children, which improves their health outcomes.  Preliminary data collected from five of the centers over a seven-month period indicates that an estimated 185,000 families and providers received information and materials from the centers in person, by phone, through presentations, Websites, list servs, and/or newsletters.

These grants respond directly to President Bush's New Freedom Initiative, which seeks to reduce barriers to community living for people with disabilities by addressing families' lack of access to needed services and assistance.

New grantees are:

Continuing grantees are:

OUR KIDS COUNT in NO CHILD LEFT BEHIND

The U.S. Congress is now engaged in activities to prepare for the reauthorization of the Elementary and Secondary Education Act (ESEA) - currently known as the No Child Left Behind Act (NCLB). The Our Kids Count project will keep you up to date on activities affecting special education students and alert you to issues of concern as this important reauthorization moves forward. Visit www.OurKidsCount.org for latest information. Sign up for the OurKidsCount News to get information delivered right to your inbox.

Candace Cortiella, Director, The Advocacy Institute, www.AdvocacyInstitute.org, PH: 540.364.0051, Candace@AdvocacyInstitute.org

[nectac-enotes] NECTAC eNotes - May 25, 2007
New FPG Snapshot - Can Child Care Impact Risk for Depression?

Source: FPG Child Development Institute - May 21, 2007
Children living in poverty often have less than ideal home environments and are at an increased risk for depression in adulthood. Follow-up research from the FPG Child Development Institute's Abecedarian Project found that young adults (21 years of age) who had received high quality, full-time early educational child care from infancy to age five reported fewer symptoms of depression than similar young adults who had not. To read a summary of the findings go to http://www.fpg.unc.edu/~snapshots/snap46.pdf

Full article citation: McLaughlin, A., Campbell, F. A., Pungello, E. P., & Skinner, M. (2007). Early educational child care reduces depressive symptoms in young adults reared in low-income families. Child Development, 78(3), 746-756.

State Child Care Map

Source: ZERO TO THREE - May 21, 2007

The National Infant & Toddler Child Care Initiative at ZERO TO THREE recently updated its State Child Care Map, which provides demographic information about children birth to three and their families, the child care system that serves them, and each state's use of Child Care Development Funds. It is available online at http://www.nccic.org/itcc/states/index.htm.

New Transition Alert from the National Early Childhood Transition Center

Source: National Early Childhood Transition Center - May 25, 2007

The National Early Childhood Transition Center (NECTC) recently published a new Transition Alert which reviews Part C NPRM as it relates to transition. It is available online at http://www.ihdi.uky.edu/NECTC/DOCUMENTS/TRANSITIONALERTS/Part C NPRM.pdf.

The NECTC Web site (http://www.ihdi.uky.edu/NECTC/) includes numerous documents, presentations and other materials that may be of interest to families and professionals who work with young children with disabilities.

Buenos Principios: Latino Children in the Earliest Years of Life

Source: National Council of La Raza - Retrieved May 21, 2007

A recent report by the National Council of La Raza looks at how investing in high-quality, comprehensive early childhood education programs could narrow the school readiness gap between Latino children and other children in the United States. The report includes recommendations for policy-makers. It is available online at http://www.nclr.org/content/publications/detail/45609/

Grant Notices from the Administration for Children and Families

Source: Administration for Children and Families - May 21, 2007

The following new funding opportunities were recently published by the Administration for Children and Families at the Department of Health & Human Services:

Head Start/Hilton Foundation Training Program to Support Inclusive Early Childhood Services
Due Date For Letter of Intent: 06/13/2007
Due Date for Applications: 07/25/2007
URL: For more information please go to http://www.acf.hhs.gov/grants/open/HHS-2007-ACF-OHS-YC-0039.html

Child Care Policy Research Grants
Due Date For Letter of Intent: 06/18/2007
Due Date for Applications: 07/02/2007
URL: For more information please go to http://www.acf.hhs.gov/grants/open/HHS-2007-ACF-OPRE-YE-0013.html

Child Care State Research Capacity Cooperative Agreements
Due Date For Letter of Intent: 06/18/2007
Due Date for Applications: 07/02/2007
URL: For more information please go to http://www.acf.hhs.gov/grants/open/HHS-2007-ACF-OPRE-YE-0031.html

National Child Care Toll-Free Hotline
Due Date For Letter of Intent: 06/08/2007
Due Date for Applications: 07/06/2007
URL: For more information please go to http://www.acf.hhs.gov/grants/open/HHS-2007-ACF-OFA-LH-0032.html

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For Immediate Distribution: New Transition Capacity Building Initiative from OSERS

Dear Colleagues,

Please read and consider applying for services provided through the capacity building initiative described in the attached Request for Application (RFA).

NASDSE and CSAVR have been working with OSERS Asst. Secretary, John Hager, to create supports and provide technical assistance to states in meeting transition goals. With this initiative, we have an important opportunity to advance state transition goals with the active involvement of both Education and Vocational Rehabilitation. You may already have a state team that is working on transition goals. It is important that you share this announcement with them as soon as possible, as there is a 6 week timeline for applying.

The application seeks a plan for improving transition services in one or more areas through a combination of direct support (e.g., funds to support meetings, stipends and/or travel subsidy for families and youth, etc.) and/or cost of additional technical assistance (direct or brokered TA from four federally funded projects). Together, these supports will have a value of up to $45,000. The actual cost of TA services will be negotiated with the Center(s) identified in your application. In preparing your application, make reasonable requests for direct and/or TA support that align with the goals you identify. Be realistic in estimating the value of your total request, but do not be overly concerned. The final package of time and dollars will be individually negotiated with the successful applicants.

For additional information, contact: Joanne M. Cashman, Ed. D. joanne.cashman@nasdse.org , Director, The IDEA Partnership, National Association of State Directors of Special Education, 1800 Diagonal Road, Suite 320, Alexandria, Virginia 22314-2840, Phone: (703) 519-3800 ext. 325, Fax: (703) 519-3808

Wilbooks free book programs

Wilbooks has created several free book programs that are designed to get books into the hands of children and teachers.  Wilbooks has available the following programs:* Free State books * Free Spanish books * The ever popular "Books from Bruce" program * Title I program You can also sign up for our Book Donation Program. This is by application only. You must apply and go through the selection process. Please apply once each calendar year so your information is current.  For more information on any of the above programs, please go to: http://www.wilbooks.com. Wilbooks 1311 West Chester Pike West Chester, Pa 19382 Phone: 610-436-8755 Web site: http://www.wilbooks.com  E-mail: info@wilbooks.com 

DisabilityInfo.gov

Americans with Disabilities Act (ADA) & Civil Rights Update: ADA Video Gallery

Links to the Americans with Disabilities Act (ADA) Signing Ceremony in 1990 video, Ten Small Business Mistakes and to the eight-part video series, "Police Response to People with Disabilities." All are in streaming video for dial-up and high-speed Internet access and are available with captions and audio description. This information has recently been updated, and is now available. http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=219

Transition  Update:  Negotiating the Curves Toward Employment: A Guide About Youth Involved in the Foster Care System

This Guide provides statistics and information about youth in the foster care system in the transition years; highlights examples of pacesetter states and communities; identifies areas requiring further attention by policymakers and service providers; and identifies resources and tools to assist cross-system collaborative efforts.  This information has recently been updated, and is now available. http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=87

Grants & Funding in Employment Update: National Technical Assistance Center on Transition & Employment for Youth With Disabilities: Solicitation for Cooperative Agreement

Federal Register Notice from the Department of Labor Office of Disability Employment Policy announcing the availability of funds for a cooperative agreement to establish the National Technical Assistance Center on Transition and Employment for Youth with Disabilities. Application Deadline: June 25, 2007. This information has recently been updated, and is now available - http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=5062

Today's GAO Reports - May 23, 2007

Vocational Rehabilitation:  Improved Information and Practices May Enhance State Agency Earnings Outcomes for SSA Beneficiaries. 

http://www.gao.gov/cgi-bin/getrpt?GAO-07-521 Highlights - http://www.gao.gov/highlights/d07521high.pdf
 

Community Life News & Events  Update:  Breaking the Silence on Crime Victims with Disabilities

Addressing the long-neglected needs of crime victims with disabilities is the focus of a new partnership announced on May 21, 2007 by the National Council on Disability, the Association of University Centers on Disabilities, and the National Center for Victims of Crime. Visit Crime Victims with Disabilities - http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=5151 for more resources. This information has recently been updated, and is now available. http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=193

Family Voices of North Dakota/Share the Wealth Week of May 21
Greater Share of Rural Children Enrolled in Medicaid, SCHIP

From AHA News Now: Greater Share of Rural Children Enrolled in Medicaid, SCHIP, 5/11/07 - A greater share of children in rural areas (32%) than in urban areas (26%) were insured by Medicaid or the State Children's Health Insurance Program in 2005, according to a new study by the University of New Hampshire's Carsey Institute. That's largely because a greater share of rural children lived in low-income families, the study adds. According to the study, nearly 4 million children in rural areas depended on public-sector health insurance in 2005. Download the study from the Carsey Institute website http://www.carseyinstitute.unh.edu/documents/RuralChildHealth_final.pdf

Justice for All

Haunting Echoes of Eugenics

By Andrew J. Imparato and Anne C. Sommers

In its preamble, the recently unveiled U.N. Convention on the Rights of Persons With Disabilities recognizes "the inherent dignity and worth and equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world."

We wonder what Oliver Wendell Holmes would have said about that.

This month marked the 80th anniversary of the disgraceful Supreme Court decision in Buck v. Bell, which upheld Virginia's involuntary sterilization laws. In his majority opinion, Holmes declared: "It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind . . . Three generations of imbeciles is enough."

Although eugenics was eventually dismissed as "junk science," it didn't happen before states authorized more than 60,000 forcible sterilizations and segregated, institutionalized, and denied marriage and parental rights to those deemed "genetically unfit."

Though society may be inclined to regard Holmes's detestable opinion in Buck v. Bell as a relic of a time past, eerie similarities exist in contemporary remarks of the well-respected.

Justifying the sterilization of "genetically unfit" individuals, Holmes wrote that Carrie Buck was "the probable potential parent of socially inadequate offspring."

Some 72 years later, renowned embryologist Bob Edwards said, "Soon it will be a sin for parents to have a child that carries the heavy burden of genetic disease. We are entering a world where we have to consider the quality of our children."

Not long ago, an embryo entrepreneur boasted on her business's Web site, "In the process of screening donors, we select only those that have clean medical backgrounds. . . . The embryos that are available have all been medically 'graded,' so that the recipient family knows the quality of the embryos that they will be implanting."

In the past, eugenicists emphasized the "burden" of disability. Holmes wrote that individuals with disabilities "sap the strength of the State."

In recent years, Peter Singer, a professor of bioethics at Princeton University, has said, "It does not seem quite wise to increase any further draining of limited resources by increasing the number of children with impairments."

In January, the American College of Obstetricians and Gynecologists urged all women regardless of age to undergo prenatal screening for Down syndrome, aware of statistics that greater than 85 percent of pregnancies diagnosed with Down syndrome end in abortion.

Several states recognize life with a disability as an injury in "wrongful life" lawsuits, and certain judges who hear these cases agree that in some instances, selective abortions help answer a greater policy concern in curbing health-care expenditures.

Last fall, Britain's Royal College of Obstetricians and Gynecologists argued for "active euthanasia" of significantly disabled newborns to spare parents emotional and financial burden.

Two years earlier, the Groningen Protocol emerged in the Netherlands; it proposed selection criteria for euthanizing babies and children with disabilities.

And across the United States, "futile care" policies have required that the most vulnerable give up their hospital beds -- and lives -- for those with more "potential."

In stark contrast to words such as "defective," "burdensome" and "futile" are the words of civil rights laws that liberate and defend.

The Americans with Disabilities Act recognizes disability as a natural part of the human experience that in no way should limit an individual's ability to participate fully in all aspects of society. The U.N. convention reaffirms that people with disabilities have both a right to life and a right to the effective enjoyment of that life on an equal basis with others.

On this 80th anniversary of Buck, let's not foolishly believe that victims of eugenics are an artifact of history. So long as we speak in terms of good genes and bad genes, recognize a life with a disability as an injury, and allow health policies to value some lives over others, we continue to create human rights violations every day.

Source: Andrew J. Imparato is president and chief executive, and Anne C. Sommers is the policy counsel of the American Association of People with Disabilities, based in Washington, D.C.

Breaking the Silence on Crime Victims with Disabilities

New Partnership to Combat Pervasive, Hidden Problem Announced

On-line "Town Hall" to Be Held May 30 to Discuss Path Forward

Washington, DC---Addressing the long-neglected needs of crime victims with disabilities is the focus of a new partnership announced today by the National Council on Disability, the Association of University Centers on Disabilities, and the National Center for Victims of Crime.

The ultimate goal of this partnership is to foster greater public awareness about crime victims with disabilities and to forge a national commitment to better serve this particularly vulnerable population.

"For far too long, crime victims with disabilities have been virtually invisible in our nation.  Greater understanding by the general public, elected officials and other policy makers, and those in the disability, judicial system, and victim services communities is foundational to addressing the unmet needs of this underserved population," said John Vaughn, chairperson of the National Council on Disability. "We join our esteemed partners today in calling for a comprehensive approach to turn this situation around."

Very little reliable national data exists on crimes against people with disabilities.  Existing research suggests, however, that persons with disabilities are victimized at much higher rates when compared with the general population.

 Advance Announcement:  The media is invited to attend an on-line "town hall" meeting that will be held by the partnering organizations on Wednesday, May 30, 2007, at 3:00 p.m. (EDT).  This meeting will connect victim service providers, disability activists, and others from across to country to discuss the joint statement in greater detail and identify specific strategies for addressing the needs of crime victims with disabilities.  Please call Mary Rappaport at 202-467-8714 for more information.  The Web cast is being donated and produced by Independent Living Research Utilization.

ACTION ALERT: Show some CLASS spirit! Help Secure Co-Sponsors of CLASS Act

Disability rights advocates and certain Members of Congress (led by Senator Kennedy and Representative Dingell) are ready to introduce some vital legislation that would help fund long-term services and supports for people with disabilities, but we need help to secure the right mix of co-sponsors to increase the bill's chances of success once it's introduced.

It's time to get excited about the Community Living Assistance Services and Supports Act (CLASS Act)!

Show your CLASS spirit, and call your Members today!!

WHO: All Members of Congress, however, we have particular need to gain support from Senate Republicans, and we need lots of "CLASS spirit" from folks in Maine and Pennsylvania, as we're targeting Senators Snowe, Collins, and Specter specifically for co-sponsorship

WHAT: Contact your Members of Congress and urge them to support the CLASS Act. (Go to http://www.congress.org and enter in your zip code to find your Representatives and Senators)

Tell them that people with disabilities and their families want a way to invest in and plan for their own long-term care needs so they can maintain independence and live in the community, and that the CLASS Act will help this happen.

WHEN: We have a special need for a grassroots rumble now and next week during the Congressional recess, although showing grassroots support for the CLASS Act should be ongoing.

BACKGROUND: Today, there are approximately 10 million Americans who need long-term services and supports to maintain independence, employment, and remain in their communities. And that number is only going to rise as the population ages. 

Most private-sector insurance plans are constrained in the protection they can offer at an affordable price, and neither Supplemental Security Insurance (SSI) nor Old Age, Survivors, and Disability Insurance (OASDI) programs take the extent and character of disability into consideration when providing benefits.

As a result, most Americans who have or develop significant functional limitations can only access coverage for the services they need to maintain their independence through Medicaid. Relying on Medicaid for critical supports means lots of people with disabilities have to "spend down" their assets and remain poor and unemployed to maintain their eligibility.

The Community Living Assistance Services and Supports Act (CLASS Act) will offer an alternative to Medicaid by creating a national insurance program through a voluntary payroll deduction to help adults who have or develop functional impairments to remain independent, employed, and stay a part of their communities. Those who are working and voluntarily contributing to the program will have access to benefits, on the basis of their ability to perform daily living activities or an equivalent cognitive impairment. The benefits received may be spent however the individual feels is most appropriate toward their long-term needs, be it a housing modification, transportation modification, assistive technology, or personal assistance services.

The large risk pool created by this program will make additional coverage much more affordable than it is today, which will give individuals a chance to invest in their own futures and gain access to supports without requiring them to become impoverished to qualify.

We hope that introduction of the CLASS Act will help generate a broad, national discussion on how to promote independence and dignity and keep people out of institutions.

Source: AAPD