MA Legislature Passes Autism Omnibus Bill
The Massachusetts Legislature recently passed the Autism Omnibus Bill. Massachusetts Advocates for Children, which provided vital advocacy in support of the Bill, has summarized the key provisions as follows:
- A requirement that MassHealth cover medically necessary treatments for children with ASD who are under 21 years old – including ABA therapies as well as dedicated and non-dedicated AAC devices;
- Extension of Department of Developmental Services (DDS) eligibility to many persons with Autism, Prader Willi Syndrome and Smith-Magenis syndrome;
- The creation of an Autism Endorsement for special education teachers to enable them to voluntarily gain in-depth knowledge about the complexities of educating students with ASD;
- The creation of tax-free saving accounts (called “Achieving a Better Life Experience” or ABLE) to help families cover anticipated disability-related expenses for individuals with ASD and other physical and developmental disabilities;
- Requiring DMH and DDS to develop and implement a plan to provide services to individuals who have both a mental illness and a developmental disabilities; and
- Establishing the Autism Commission as a permanent entity.
Mass Advocates has also published:
- A fact sheet, which you can find here: Mass Advocates Fact Sheet; and
- The complete Bill, which you can find here: Autism Omnibus Bill.
The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire. Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.
Medway SEPAC to Host “What the Dracut Decision Taught Us About the Importance of Social Skills and Language Pragmatics in an IEP”
The Medway SEPAC will be hosting what should be a very interesting and informative presentation entitled “What the Dracut decision taught us about the Importance of Social Skills and Language Pragmatics in an IEP.” It will take place on January 22, 2013 at 7:00 PM at Medway High School, 88 Summer Street Medway, Ma 02053. The presentation will be free and open to the public. If you plan to attend, you should RSVP to medwayspedpac@gmail.com. Discussions will be led by Elsa Abele MS CCC/SLP & clinical Assistant Professor at Boston University & Professor at the Center For Autism Disorders at Antioch University. The presentation will also feature two lawyers from the Disability Law Center of Massachusetts who worked on this case, Janine A. Solomon and Pamela J. Coveney. The Dracut case is a very important BSEA decision in Massachusetts, particularly for those students on the Autism Spectrum. If you would like to read a good summary of this case, you can access it here. The complete BSEA decision can be found here.
The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire. Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.
Free Guide for Parents of Children with Autism
Special Education Eligibility
For a child to be eligible for special education services, all of the following must be true:
- The child must be between the age ranges specified by federal and state law:
- Massachusetts: Ages 3 – 21, inclusive. 20 U.S.C. 1412(a)(1)(A) and 603 C.M.R. 28.02(9).
- New Hampshire: Ages 3 – 20, inclusive. New Hampshire also requires the identification and evaluation of special education students starting at age 2.5, so that an IEP can be in place immediately upon reaching age 3. Ed 1105.
- The child must have a disability (see below for more information);
- The child must not be making effective progress in regular education due to that disability; and
- The child requires specially designed instruction or a related service.
To qualify as a child with a disability for special education purposes, your child’s disability must be categorized according to terms set out under the Individuals with Disabilities Education Act (“IDEA”) or under state law. New Hampshire follows the IDEA categories, which are:
- intellectual disabilities,
- hearing impairments (including deafness),
- speech or language impairments,
- visual impairments (including blindness),
- serious emotional disturbance (referred to in IDEA as “emotional disturbance”),
- orthopedic impairments,
- autism,
- traumatic brain injury,
- other health impairments, or
- specific learning disabilities.
20 U.S.C. 1401(3)(A); 34 CFR 300.8.
New Hampshire also recognizes developmental delays in children ages 3 – 9 as a disability category. 20 U.S.C. 1401(3)(B); 34 C.F.R. 300.8(b); RSA 186-C:2, I-a.
Massachusetts has its own disability category list, which is as follows (603 C.M.R. 28.02(7)):
- autism,
- developmental delay,
- intellectual impairment,
- sensory impairment (including hearing impairment, deafness, visual impairment, and blindness),
- neurological impairment,
- emotional impairment,
- communication impairment,
- physical impairment,
- health impairment, or
- specific learning disabilities.
The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters. Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.
Special Education Blog 