Legislation Alert!
August 29, 2011 BREAKING NEWS: Members of Congress Are Concerned about CDC's Plan to "Consolidate" ADHD and Other Disability Programs |
 Representatives Barbara Lee (D-CA) and Dan Burton (R-IN) are asking their colleagues in the U.S. House of Representatives to join them in sending a letter to Dr. Thomas Frieden, Director of the Centers for Disease Control and Prevention (CDC).The bipartisan letter identifies the serious concerns raised by the disability community regarding CDC’s plans to consolidate various disability programs currently serving many and diverse populations. CHADD's NRC is one of these programs at risk. For over ten years, CDC's National Center on Birth Defects and Developmental Disabilities (NCBDDD) has supported the NRC and other disability programs -- programs that have repeatedly been shown to be cost effective and critical to people with conditions like ADHD, spina bifida, limb loss, autism, spinal cord injuries, muscular dystrophy and more! Take Action Now! Just a few minutes and a few clicks will tell your own Member of Congress how important it is to continue programs that support those with ADHD, related conditions, and many other disabilities supported through critical programs at CDC. To learn more: -- Overview of the issue and its effect. -- Mary Durheim's blog initiating a "Call to Action." Even if you already contacted your Member of Congress, PLEASE do so again with this very specific request to sign on to the Lee / Burton Letter to the CDC Director. |
November 2, 2010 - Public Counsel, Disability Rights California, Gibson, Dunn & Crutcher, and Mental Health Advocacy Services, Inc.
Educationally-Related Mental Health Services Restored After Lawsuit Filed By Civil Rights Coalition
FOR IMMEDIATE RELEASE:
LOS ANGELES – A federal court in Los Angeles today approved a stipulated injunction which will temporarily restore educationally-related mental health services to California and Los Angeles County students who require the services to stay in school. In California, these life-saving mental health services are commonly known as “AB 3632” services.
A coalition --- consisting of Public Counsel, Disability Rights California, Gibson, Dunn & Crutcher, and Mental Health Advocacy Services, Inc. --- brought a statewide class action on October 21, 2010, against the Governor and various state and local defendants for unlawfully discontinuing funding for such services -- which include crisis counseling, case and medication management, and residential placement for students with severe mental health issues...click here to download the full press release
October 29, 2010 - The California Department of Education
State Schools Chief O'Connell Announces Release of $76 Million to Maintain Mental Health Services for Students with Disabilities Despite Governor's Veto
FOR IMMEDIATE RELEASE:
SACRAMENTO – State Superintendent of Public Instruction Jack O’Connell today announced that the California Department of Education (CDE) will continue to allocate $76 million in available federal funds to maintain essential mental health services for students with severe disabilities despite Governor Schwarzenegger’s unilateral suspension of mental health services for students and his line-item veto of $133 million in general fund for services provided by county mental health offices.
“Every California student deserves an education that gives them the opportunity to meet their full potential,” O’Connell said. “ Governor Schwarzenegger’s action to eliminate funding for severely disabled students’ mental health services is cruel to vulnerable children and is yet another slap in the face to public schools that have been underfunded by $21 billion over the last three budget years. I refuse to let the Governor’s misguided action prevent severely disabled students from getting the mental health care they need from qualified providers. I have directed CDE to disburse federal funds allocated for this purpose in the same manner as it has for the last six years so that districts can continue to contract with the most appropriate providers and ensure continuity to help these vulnerable students.”
“The Governor’s unconscionable veto of funding for mental health services for disabled children has left families distraught and counties in a fiscal quandary,” Assembly Speaker John A. Pérez said. “I commend Superintendent O’Connell for taking decisive action to allocate these federal funds and assure that counties can continue to provide these critical special education services.”
“These funds will provide only temporary stability to ease the chaos created by the Governor’s disruptive veto,” said Senate President pro Tempore Darrell Steinberg. “Restoring the full support to the program will be an immediate priority in January when we have a different administration.”
Mental health services for students who need them are mandated under law. The $76 million to be disbursed by the CDE will ensure mental health services that are included within a students’ individualized education program (IEP), pursuant to the federal Individuals with Disabilities Education Act, are appropriately provided during the 2010–11 fiscal year by county mental health agencies consistent with current statute. In keeping with how funds have been dispersed in the past, the CDE will allocate federal funds to each county office of education to contract, on behalf of Special Education Local Planning Areas (SELPA) in its county, with the appropriate mental health agency to provide specified mental health services.
“The veto of funding for AB 3632 services, a 25-year-old program that assures our emotionally disturbed school-age youngsters receive necessary mental health services, is wreaking havoc on our schools and communities,” said Carol Bartz, senior director of the North Inland SELPA in San Diego County. “Our schools already face immeasurable challenges in trying to provide for the complex educational needs of our students with disabilities and are not equipped to provide for a student’s complex mental health needs. The state needs to immediately restore funding for these critically important services our students are entitled to receive under federal law.”
“The Governor’s veto does not override federal law,” O’Connell continued. School districts must still implement the IEP for all students with disabilities, yet most districts don’t have the expertise to provide psychiatric and medical management of necessary medications and other mental health services. By disbursing these federal funds we will ensure that disabled students get the mental health services they need and prevent districts from bankruptcy."
O’Connell applauded the Legislative leadership in the Senate and Assembly for committing to restore funding for this critical program and for pursing a legal opinion on whether the Governor broke the law by suspending a mandate to provide mental health services for severely disabled students. In the meantime, CDE has issued a memo to county and district superintendents and charter school administrators, SELPA directors, and special education administrators, reminding them of their responsibility to provide mental health services to students with disabilities as required by Government Code sections 7570 et seq.
The California Department of Education (CDE) is a state agency led by State Superintendent of Public Instruction Jack O'Connell. The core purpose of CDE is to lead and support the continuous improvement of student achievement, with a specific focus on closing achievement gaps. For more information, please visit http://www.cde.ca.gov or by mobile device at http://m.cde.ca.gov/. You may also follow Superintendent O'Connell (@SSPIJack) on Twitter at http://www.twitter.com/sspijack.
October 28, 2010 - On Behalf Of Maureen Graves
CDE Discontinuing Composite of Laws -- please object --see attached petition and/or call
CDE has been talking for several years about not putting out the composite (before the budget crisis) because Paul Hinkle who has been doing it is retiring and no one else has “stepped up.” This notion was communicated only informally, as far as I know, and I think it got very negative feedback (at least by me). Now CDE appears to have acted, saying that people should use their web-based search tool.
Attached is a petition against this. I would suggest that parents and others protest vigorously (for the reasons in the petition). I think this may be something that all stakeholders can agree about. You are welcome to forward this with or without my information; I would like CDE to see that having “no one home” in this particular way vastly increases burdens on everyone in the system.
download petition as word doc
download petition ss a PDF
I would appreciate copies of whatever is faxed to the newish (since summer 2010) California Special Education Director:
Fred Balcom, Ph.D., was appointed Director of the Special Education Division, which provides information and resources to serve the unique needs of individuals with disabilities so that each person will meet or exceed high standards of achievement in academic and non-academic skills.
Dr. Balcom most recently served as Director of the CDE District and School Improvement Division, where he provided statewide leadership for the implementation of all aspects of federal Title I programs, homeless education, and categorical program monitoring. Previously at CDE, he was an Administrator in the High Priority Schools Office.
He has more than 20 years of experience in education, including special education as a former director of special education in the early 1990s for the Idaho State Department of Education. He also previously served as the Executive Director of the Yolo County First 5 Commission, the Assistant Superintendent of the Yolo County Office of Education, and Superintendent for the Challis School District #181 in Idaho.
Dr. Balcom earned a Bachelor of Arts Degree at San Diego State University, a Master of Arts Degree in psychology at California State University, Chico, and a doctorate in education from the University of Idaho.
He replaces Mary Hudler, who retires in June.
Provides information and resources to serve the unique needs of individuals with disabilities so that each person will meet or exceed high standards of achievement in academic and non-academic skills.
Fred Balcom,
Director Phone: 916-445-4613
Fax: 916-327-3706
October 21, 2010 - FOR IMMEDIATE RELEASE
Lawsuit filed: nearly 25 years to build a mental health service for special education students and the Governor erases it overnight
Los Angeles, CA – A class action lawsuit to preserve lifeline services for more than 20,000 students was filed today in federal court by Public Counsel, Disability Rights California, Mental Health Advocacy Services and Gibson, Dunn & Crutcher. For almost 25 years California has been providing critical “AB 3632” services through county mental health departments to special education students who need mental health support to stay in school. The services include crisis counseling, case management, medication management and residential placement.
On October 8, Governor Schwarzenegger severed the system with his line-item veto, without even bothering to offer perfunctory regrets.
Announcing the lawsuit, Laura Faer of Public Counsel said, “While the adults quibble about who is responsible –for funding, for services, for this entire mess—it is the children who are harmed. In the midst of this chaos, we are stepping up to fight for their continuity of care.”
Jim Preis of Mental Health Advocacy Services reported: “One student precipitously cut off from care is Andrew, a 17 year old who was adopted from the foster care system when he was 2 and ½ following exposure to fetal alcohol and drugs. He was hospitalized following suicide attempts. Finally, the appropriate services for Andrew were lined up through Los Angeles County Mental Health. Because of the veto, he is now stuck in juvenile hall without the services he needs.”
“Since the Governor blue-penciled the services, our phones have been ringing across the state,” said Candis Bowles of Disability Rights California. “Parents are scared about what will happen next. We’ve had calls about kids who no longer get services designed to keep them in the community.
There are children ready to leave institutions but can’t because the support services are gone.”
Counsel in the case also described the situation of Loni, a 6th grader whose residential placement has enabled her to continue schooling, and to receive her first positive evaluations in a long time. As a result of the cuts, Loni is about to lose her residential placement. Andrew, Loni and tens of thousands of other students are facing: deterioration of their mental health, re-hospitalization and interrupted schooling.
John Sharer of Gibson Dunn stated, “We are sure that many of the legislators who are disability rights champions will be working toward a fix of this unacceptable situation. In the meantime, we are bringing suit to prevent the interruption of critical mental health services for the thousands of students who need them.”
Watch www.disabilityrightsca.org for documents and updates regarding this case.
September 17, 2010 - republished from STATELINE E-NEWS LDA of America
A New Look At Section 504 and ADA
School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. Read the full article by Mark Weber that concludes that these children must be provided an education that meets their needs as adequately as the needs of children without disabilities are met in the same school district. This level of services may be higher or lower than the level of services required by IDEA. Other educational obligations apply, as do procedural protections and rights in the student disciplinary process. In general, exhaustion defenses should not apply, and a wide range of remedies should be available.