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Mon, 19 May 2003 15:42:06 -1000
Honolulu Star Bulletin
Letter to the Editor
Case's idea won't help special-ed situation
As a taxpayer, Department of Education teacher
and parent of a special-needs
child, I am troubled by Rep. Ed Case's amendment
to the Individuals with
Disabilities Education Act (Star-Bulletin, April
22), which would base
attorneys' fees for representing disabled students
on rates set by the
governor of each state.
Apparently I have more confidence in our court's
discretion than Case does.
One wonders why the attorney general's lawyers
representing the DOE are not
prevailing. Perhaps the governor should seek
legal advice from the private
sector.
The federal government, which updated IDEA in
1997, must cover a
substantially higher percentage of the costs.
Case would do well to redirect
his carte blanche issue toward the feds who
need to provide more financial
support.
I have 20-25 percent special-ed students in
my high school classes.These
students add much to the class environment because
they want to succeed.
Disabled students do not misbehave and disrupt
classes more than regular-ed
students.
Finally, those of us parents who have severely
disabled children and
continually live in a survival mode, would certainly
prefer not to seek
legal advice. When trained and knowledgeable
DOE personnel provide programs
that include the necessary educational services
provided under federal law,
there will be fewer due-process hearings.
Mary Taylor
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This was printed in the Honolulu
Advertiser May 14, 2003 Letter to the Editor
(same day the Autism Society went to the BOE Special Programs
Committee meeting and presented 23 letters in opposition of
HR 1350):
I would like to respond to the April 28th article
Attorney’s Fees add up for DOE and Terri Nakamura’s May 6th
reader’s response. Special needs children are equally entitled
to a free and appropriate education (FAPE). These children
with special needs were granted these rights by a federal
law called the Individuals with Disabilities Education Act
of 1997 (IDEA). DOE is court mandated by the Felix Consent
Decree and has the full responsibility to provide every child,
including special needs children, FAPE.
Unfortunately, the reader’s response reflects the attitudes
that a lot of parents of special needs children face when
dealing with DOE and even among some members of the community.
Parents are not always the bad guys in all of this. Parents
are pursuing what the law requires by holding DOE accountable
for their actions/inactions to provide appropriate programs
and services for our special needs children. Until people’s
attitudes change and people can fully accept that these special
children are an integral part of our schools and communities,
parents and their special needs children will continue to
face these barriers.
We all agree that the monies should be spent on the children
rather than attorneys, but if DOE were doing its job, parents
wouldn’t have to hire an attorney to represent their child’s
interests.
Sincerely,
Naomi Grossman
President, Autism Society of Hawaii
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January 2003: Center for the Study of Autism JANUARY
2003
CALIFORNIA AUTISM EPIDEMIC INCREASING
According to the latest figures just released by the California
Department of Developmental Services, in 2002 California experienced
an astounding 31% one year increase in the number of new children
professionally diagnosed with the most severe cases of autism
entering it's developmental services system. The 31% one year
increase from 2001 to 2002 represents an all time record number
of new cases in the system's 33 year history.... 3,577 new
severely autistic children added in just the past 12 months.
The figures reported by the Department DO NOT include persons
with PDD, NOS, Asperger's, or any other autism spectrum disorders,
just those who have received a professional diagnosis of level
one, DSM IV autism.
According to the Department, eight years ago, in 1994, there
were 5,108 cases of level one autism in the entire system,
as of January 6, 2003, there are now 20,377 cases of level
one autism in the system. From 1971 to 1980, California consistently
added one to two hundred new cases a YEAR. In 2002, California
added 3,577 new cases. Since 1980, the documented start of
California's autism epidemic, the numbers of new cases have
exploded to where we are today with California adding, on
average, 10 new children a day, 7 days a week with the most
severe form of autism to it's system, an increase of over
2 additional new children per day over the 2001 rate of 8
children a day. Keep in mind that from January 1994 to January
1995, California added on average 2 new children a day.....today
we are adding 10 children a day.
One only needs to examine the age distribution of the persons
in the system to recognize the genesis of this epidemic. Over
81.5% (8 out of 10) of the autism population in the system
were born AFTER 1980.... with 2 out of 3 persons in the system
currently between the ages of 3 and 13 years old, compared
to 18.5% (less then 2 out of 10) who were born BEFORE 1980.
Autism now accounts for 40% of all of the new intakes to the
system, making level one autism the number one disability
entering California's DD system. (The other eligible conditions
besides level one autism are mental retardation, cerebral
palsy, epilepsy, and other conditions similar to MR.) As a
result of the fact that the inclusion of new cases in the
data system begins with children 3 years of age and older
(ages 0-2 are not collected on the CDER database), and since
mercury containing vaccines are still in use today, including
the most recent recommended addition to the childhood immunization
schedule ... two shots of flu vaccine for babies (bringing
the total number of doses of vaccines to 41 for a baby in
California before the age of 2 years old), therefore it will
take a few years to start seeing the effect of the phasing
out of the mercury containing preservative Thimerisol from
childhood vaccines on the autism epidemic.
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April 28, 2003: Attorneys'
fees add up for DOE |
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NEWS & EVENTS:
Read: ASH Thanksgiving Letter to House and Senate Chairs on the
Hill regarding the Burden of Proof ruling and its impact on special needs
children. Click here
to read the letter.
Read: Hawaii daily paper's editorial staff response to the Burden
of Proof ruling with ASH's response posted in November. Click here
for details.
Check out our new sister site SPED
Voters: A Society for Informed Special Education Voters.
Read: Senate Education Committee approves IDEA Reauthorization.
Click here
for details.
Read State of Hawaii BOE Committee on Special Programs Position
Statement Draft Resolution. Click here
for details.
Read DOE's Summaries of HR 1350 for BOE. Click here
for details.
Click here to go
to AutismAwareness.com and see the video of the meeting between parents
and Rep. Ed Case on his Amendment to HR 1350.
Read the letters to the editor concerning
the Case Amendment to HR 1350.
Read the article:Attorneys'
fees add up for DOE
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