This article from Tribune Washington Bureau...
U.S. Supreme Court justices appeared ready recently to clarify and strengthen the rights of the nation's 6.7 million children with disabilities, perhaps by requiring public schools to offer a special education program that will ensure they can make significant progress.
The case of a Colorado boy with autism, Endrew F. v. Douglas County School District, could have a far-reaching impact on millions of children and their parents as well as the budgets of school districts nationwide.
At issue is a long-standing federal law that says children with disabilities have a right to a "free appropriate public education." Schools, courts and parents have been divided over what this promise means in practice.
Does it mean, for example, that a school must merely offer a minimal special program that may offer "some educational benefit" to the child, as a federal appeals court in Denver ruled? Or instead, do these children have a right to "make significant educational progress," as lawyers for the outgoing Obama administration contend?
During Wednesday's argument, the justices struggled with the lawyers and among themselves to find the right legal standard. At one point, Justice Samuel A. Alito Jr. drew knowing smiles from his colleagues when he complained of the "blizzard of words" being tossed around, most of which had no clear meaning.
However, most of the justices appeared to favor setting a slightly higher standard, one that should lead the child to make measured progress on academics or behavior. Chief Justice John G. Roberts Jr. said it would not be sufficient for schools to provide an expert for five minutes a day and claim they were providing the child "some benefit."
But the chief justice and others said they were wary of setting an unrealistically strict standard that would require students meet certain goals. They also voiced worries about costs and an explosion of lawsuits.
Parents who are dissatisfied with special education programs may remove their children from public schools, enroll them in private schools and then sue to have the costs paid by the school districts. But to win a reimbursement, the parents must show that the public schools failed to provide the "appropriate" education promised by the federal Individuals with Disabilities Education Act.
A coalition of big-city school districts warned the high court of the growing cost of private programs, which on average are more than four times as expensive as a public program
In the case before the court, the parents of Endrew F., a child with autism from Douglas County, Colo., enrolled him in public school through fourth grade. They worked with teachers to devise a special education program for him, but by fourth grade, his behavior was getting worse. he had repeated outbursts in class, banged his head on the floor and twice ran away from the school.
His parents moved him to a private school where he was "thriving", according to the 10th Ciruit Court of Appeals. Nonetheless, the judges ruled the public school system need not reimburse the parents because it had provided their child with a minimally "adequate" educational program. "It is not the (school) district's burden to pay for his placement (in the private school) when Drew was making some progress under its tutelage. That is all that is required," wrote Judge Timothy Tymkovich, one of the 21 judges named as possible Supreme Court nominees by President-elect Donald Trump.
Stanford Law professor, Jeffrey Fisher, representing his parents, said the Supreme Court should reject the minimally adequate standard set by the 10th Circuit and instead say that children with disabilities have a right to make significant progress at school.
Lawyers from the U.S. solicitor general's office joined in support of the parents. Irv Gornstein, a counselor in the office, said the law requires schools to provide a learning program "aimed at significant progress in light of the child's circumstances."
While this is not a guarantee of progress, they said, it is an approach that will require schools to aim high.
Tuesday, January 17, 2017
Monday, January 16, 2017
IN THE NEWS- FEDS SET DISABILITY HIRING QUOTA
From Disability Scoop..
With a new hiring goal, the federal government plans to use affirmative action to grow the number of people with disabilities on its payroll.
The U.S. Equal Employment Opportunity Commission finalized a rule this month that will set a hiring goal for all federal agencies.
Under the plan, 12 percent of each entity's workforce should be people with disabilities and 2 percent should be those with "targeted" conditions including intellectual and developmental disabilities.
Moreover, the rule requires agencies to provide personal assistance to employees who need help with eating, using the restroom and other basic activities during the workday.
:Increasing employment rates for individuals with disabilities is a national priority for the federal government," said EEOC Chair Jenny Yang. "These new regulations provide concrete steps and accountability mechanisms to promote employment and advancement opportunities for people with disabilities across the government."
The new hiring goals apply to all levels of federal employment. If agencies fail to meet the quotas, the EEOC said it would work with them to make improvements to their hiring and retention of those with disabilities.
Federal agencies are already required under Section 591 of the Rehabilitation Act to have affirmative action plans for hiring people with disabilities, which are subject to approval by the EEOC.
With the new rule, the EEOC sought to clarify the requirements for such plans.
The new regulations will take effect in January 2018.
With a new hiring goal, the federal government plans to use affirmative action to grow the number of people with disabilities on its payroll.
The U.S. Equal Employment Opportunity Commission finalized a rule this month that will set a hiring goal for all federal agencies.
Under the plan, 12 percent of each entity's workforce should be people with disabilities and 2 percent should be those with "targeted" conditions including intellectual and developmental disabilities.
Moreover, the rule requires agencies to provide personal assistance to employees who need help with eating, using the restroom and other basic activities during the workday.
:Increasing employment rates for individuals with disabilities is a national priority for the federal government," said EEOC Chair Jenny Yang. "These new regulations provide concrete steps and accountability mechanisms to promote employment and advancement opportunities for people with disabilities across the government."
The new hiring goals apply to all levels of federal employment. If agencies fail to meet the quotas, the EEOC said it would work with them to make improvements to their hiring and retention of those with disabilities.
Federal agencies are already required under Section 591 of the Rehabilitation Act to have affirmative action plans for hiring people with disabilities, which are subject to approval by the EEOC.
With the new rule, the EEOC sought to clarify the requirements for such plans.
The new regulations will take effect in January 2018.
OLD-SCHOOL WHEELING- DREAMS REALLY DO COME TRUE
I'm proud of this article I wrote for The Phoenix on March 17, 2006...
Recently in the enws we were inspired by the amazing story of Jason McElwain. Jason is a 17-year old senior at Greece Athena High School in Greece, New York. He has been the "team manager" of his high school basketball squad for several years now. Some of his duties have included keeping statistics, running the clock and handing out water bottles to the players. He can usually be found sitting on the bench in a white shirt and black tie.
Being only 5'6 in height, he was thought to be too small and frail to even make his junior varsity team. Although he always had a dream of actually playing in a game, he never complained to be team manager, as it allowed him to be close to the game he loves so dearly.
Oh, I forgot one thing: Jason happens to be autistic.
Admiring Jason's determination and dedication, Coach Jim Johnson made the brave and kind decision to allow Jason to suit up for the Trojans final home game this season. The last game of the season, the final home game for Jason, since he will be graduating this spring, it had to be a dream come true for Jason just to put on a uniform. Whether he would actually play or not depended upon the score..but did it matter?
Jason's friends and fellow students came out to the game full force, hoping Jason would play even a few seconds. They made signs with his nickname, JMAC, and cheered when he walked on the court with the other players.
With only four minutes to play, and Greece Athena ahead by a large margin, Coach Johnson put Jason into the game. His dream had finally come true. He actually stepped on the court as a player.
Jason's first shot was from long-range, an air ball that was short of the hoop by a good six feet. His second shot also missed, an easy lay-up.
Despite the rocky start, Jason didn't give up. He was used to adversity. he didn't start speaking until he was 5. He lacked the social skills of other so-called "normal" kids his age, yet he managed to make friends and life got easier as he became older.
His father, David, said, "The thing about Jason is he isn't afraid of anything. He doesn't care what people think about him. He is his own person."
The coach buried his face in his hands after Jason missed his first two shots, thinking he may have made a mistake in letting the kid play. "Please Lord, just give him a basket," the coach whispered.
God must've been listening. Jason's "miracle game" suddenly kicked into high-gear.
The next time down the court Jason unexpectedly hit a long jumper for 3 points. Nothing but net. The ball never touched the rim. The crowd went crazy. Then he hit another 3-pointer. And another. And another.
In fact, Jason made a total of six 3-point shots, tying a school record. He would've had a seventh, but his foot was on the line and the shot only counted as 2 points. Jason scored an incredible 20 points in less than 4 minutes, an awesome feat, even by professional standards. "I was hotter than a pistol," he said later.
All this from a kid thought to be too small, a kid with autism, a kid who wore the tag as being "different" every day of his life with dignity and grace. Imagine the time he must have secretly practiced, either in his driveway or when no one was around in the gym, dreaming of his impossible chance to be a "normal" basketball player. Who ever knew the talent Jason had within? And the motivation and guts.
The final score didn't matter as the horn sounded to end the game. The Trojans won but the real story was Jason. The fans rushed the court and people hoisted Jason on their shoulders, carrying him off the court in triumph. This frantic, unbelievable scene was played on the news and shows like "Good Morning America" the next day.
Jason has become a local celebrity in his small town near Rochester, New York. He autographs basketballs and poses for pictures. But when the \Trojans begin playoff action soon he will be back in his familiar place on the bench, probably wearing his customary white shirt and black tie.
In the fall he will start classes at Monroe Community College, majoring in business management. He hopes to be involved somehow in their basketball program, probably as team manager or whatever he can do to be near the sport he loves.
It's the stuff that dreams are made of, the stuff movies are made of. Hopefully there is a screenwriter in Hollywood already working on a script. A feel-good, underdog movie too good to be true, yet too incredible to invent.
Jason finally got his chance and made the most of it. Just goes to show you, anything is possible, despite the odds, despite the challenges, if only given a chance.
Dreams do come true. Just ask Jason McElwain.
Recently in the enws we were inspired by the amazing story of Jason McElwain. Jason is a 17-year old senior at Greece Athena High School in Greece, New York. He has been the "team manager" of his high school basketball squad for several years now. Some of his duties have included keeping statistics, running the clock and handing out water bottles to the players. He can usually be found sitting on the bench in a white shirt and black tie.
Being only 5'6 in height, he was thought to be too small and frail to even make his junior varsity team. Although he always had a dream of actually playing in a game, he never complained to be team manager, as it allowed him to be close to the game he loves so dearly.
Oh, I forgot one thing: Jason happens to be autistic.
Admiring Jason's determination and dedication, Coach Jim Johnson made the brave and kind decision to allow Jason to suit up for the Trojans final home game this season. The last game of the season, the final home game for Jason, since he will be graduating this spring, it had to be a dream come true for Jason just to put on a uniform. Whether he would actually play or not depended upon the score..but did it matter?
Jason's friends and fellow students came out to the game full force, hoping Jason would play even a few seconds. They made signs with his nickname, JMAC, and cheered when he walked on the court with the other players.
With only four minutes to play, and Greece Athena ahead by a large margin, Coach Johnson put Jason into the game. His dream had finally come true. He actually stepped on the court as a player.
Jason's first shot was from long-range, an air ball that was short of the hoop by a good six feet. His second shot also missed, an easy lay-up.
Despite the rocky start, Jason didn't give up. He was used to adversity. he didn't start speaking until he was 5. He lacked the social skills of other so-called "normal" kids his age, yet he managed to make friends and life got easier as he became older.
His father, David, said, "The thing about Jason is he isn't afraid of anything. He doesn't care what people think about him. He is his own person."
The coach buried his face in his hands after Jason missed his first two shots, thinking he may have made a mistake in letting the kid play. "Please Lord, just give him a basket," the coach whispered.
God must've been listening. Jason's "miracle game" suddenly kicked into high-gear.
The next time down the court Jason unexpectedly hit a long jumper for 3 points. Nothing but net. The ball never touched the rim. The crowd went crazy. Then he hit another 3-pointer. And another. And another.
In fact, Jason made a total of six 3-point shots, tying a school record. He would've had a seventh, but his foot was on the line and the shot only counted as 2 points. Jason scored an incredible 20 points in less than 4 minutes, an awesome feat, even by professional standards. "I was hotter than a pistol," he said later.
All this from a kid thought to be too small, a kid with autism, a kid who wore the tag as being "different" every day of his life with dignity and grace. Imagine the time he must have secretly practiced, either in his driveway or when no one was around in the gym, dreaming of his impossible chance to be a "normal" basketball player. Who ever knew the talent Jason had within? And the motivation and guts.
The final score didn't matter as the horn sounded to end the game. The Trojans won but the real story was Jason. The fans rushed the court and people hoisted Jason on their shoulders, carrying him off the court in triumph. This frantic, unbelievable scene was played on the news and shows like "Good Morning America" the next day.
Jason has become a local celebrity in his small town near Rochester, New York. He autographs basketballs and poses for pictures. But when the \Trojans begin playoff action soon he will be back in his familiar place on the bench, probably wearing his customary white shirt and black tie.
In the fall he will start classes at Monroe Community College, majoring in business management. He hopes to be involved somehow in their basketball program, probably as team manager or whatever he can do to be near the sport he loves.
It's the stuff that dreams are made of, the stuff movies are made of. Hopefully there is a screenwriter in Hollywood already working on a script. A feel-good, underdog movie too good to be true, yet too incredible to invent.
Jason finally got his chance and made the most of it. Just goes to show you, anything is possible, despite the odds, despite the challenges, if only given a chance.
Dreams do come true. Just ask Jason McElwain.
CHIRPING BIRDS-NFL PLAYOFFS
My take on the divisional playoff games...
I picked all 4 NFL division playoff games correctly, including the exact final score of the Green Bay-Dallas contest, 34-31...Why don't they show Cowboys owner Jerry Jones after his team loses? TV shows him high-fiving people in his booth when the Cowboys score, but when you really want to see him- after a Dallas defeat- TV fails.Also, look at the final four quarterbacks left in the playoffs: Rodgers, Brady, Rothisberger and Ryan. More evidence that QB is such a key position, and that the Eagles did the right thing in getting Carson Wentz for the future.
Packers-Cowboys was easily the best game of the weekend. Dallas was good all year-13-3- but against a crafty QB like Aaron Rodgers, they choked. They didn't use Elliot enough. Jason Garret again proved why Dallas will never win a championship with him as coach. The Dallas defense was OK during the season, but came up small in the playoffs. And, Dallas doesn't really have a home field advantage.
Dallas has a young team and will be good again next season, but it will be much tougher. The Cowboys will play a fist place schedule. Everyone will be gunning for Dallas. Because they finished so high, their first round draft pick won't be as high this year. Dallas did have an excellent draft last year. They will have to do so again to improve.
Green Bay was banged up but still found a way to win. They may get WR Jordy Nelson back next week in the NFC Championship game at Atlanta vs. the Falcons.
Was there any doubt that the Patriots would beat Houston? They even covered the 16 1/2 point spread. Tom Brady didn't have his best game, but that was probably because of the week layoff and the inferior competition. Next week New England will need to fire on all cylinders to beat a hot Pittsburgh Steelers team.
Dion Lewis, who set a record by scoring a touchdown return on a kick-off, a run and a pass play, once was a Philadelphia Eagle. Another mistake by the front office. Why is it that other teams' castoffs go to New England and succeed?Patrick Chung and Eric Rowe are two more Birds to fly north and do well.
Andy reid again screwed up the Chiefs with his time management problems. Reid is a good regular season coach and gets his teams ready to play. But he still has this brain-lock when it comes to the fourth quarter and time management. Looking at the quarterbacks, was Alex Smith wasn't going to be better then an experienced Ben Rothisberger. Still, Kansas City didn't give up a touchdown, yet still lost a home playoff game.
Finally, the Seahawks are such a different team away from fan-friendly Seattle. But the Seahawks weren't the powerful team they were several years ago. early in the season they had problems scoring. You got the feeling against a sizzling Atlanta offense, which led the NFL in points scored this season, anything over 24 points would be hard for Seattle to keep up. I was impressed by the Falcons relentless, balanced offense. They seem to have "it" this year, maybe that team of destiny?
My picks for the championships games next Sunday..
The Packers are hot, Rodgers is playing great and they have the experience to go all the way. Yet I can't see Green Bay doing it. Sooner or later the injuries will catch up to them. With Atlanta playing at home, I'll take the Falcons in a wild one, going to the Super Bowl by the score of 28-27.
If anyone can beat the Patriots in New England it would be the hot, experienced Steelers. The weather is not supposed to be bad next Sunday, certainly not as bad as it could be. I'm saying Pittsburgh gets to the Super Bowl with a tight 24-20 victory.
I picked all 4 NFL division playoff games correctly, including the exact final score of the Green Bay-Dallas contest, 34-31...Why don't they show Cowboys owner Jerry Jones after his team loses? TV shows him high-fiving people in his booth when the Cowboys score, but when you really want to see him- after a Dallas defeat- TV fails.Also, look at the final four quarterbacks left in the playoffs: Rodgers, Brady, Rothisberger and Ryan. More evidence that QB is such a key position, and that the Eagles did the right thing in getting Carson Wentz for the future.
Packers-Cowboys was easily the best game of the weekend. Dallas was good all year-13-3- but against a crafty QB like Aaron Rodgers, they choked. They didn't use Elliot enough. Jason Garret again proved why Dallas will never win a championship with him as coach. The Dallas defense was OK during the season, but came up small in the playoffs. And, Dallas doesn't really have a home field advantage.
Dallas has a young team and will be good again next season, but it will be much tougher. The Cowboys will play a fist place schedule. Everyone will be gunning for Dallas. Because they finished so high, their first round draft pick won't be as high this year. Dallas did have an excellent draft last year. They will have to do so again to improve.
Green Bay was banged up but still found a way to win. They may get WR Jordy Nelson back next week in the NFC Championship game at Atlanta vs. the Falcons.
Was there any doubt that the Patriots would beat Houston? They even covered the 16 1/2 point spread. Tom Brady didn't have his best game, but that was probably because of the week layoff and the inferior competition. Next week New England will need to fire on all cylinders to beat a hot Pittsburgh Steelers team.
Dion Lewis, who set a record by scoring a touchdown return on a kick-off, a run and a pass play, once was a Philadelphia Eagle. Another mistake by the front office. Why is it that other teams' castoffs go to New England and succeed?Patrick Chung and Eric Rowe are two more Birds to fly north and do well.
Andy reid again screwed up the Chiefs with his time management problems. Reid is a good regular season coach and gets his teams ready to play. But he still has this brain-lock when it comes to the fourth quarter and time management. Looking at the quarterbacks, was Alex Smith wasn't going to be better then an experienced Ben Rothisberger. Still, Kansas City didn't give up a touchdown, yet still lost a home playoff game.
Finally, the Seahawks are such a different team away from fan-friendly Seattle. But the Seahawks weren't the powerful team they were several years ago. early in the season they had problems scoring. You got the feeling against a sizzling Atlanta offense, which led the NFL in points scored this season, anything over 24 points would be hard for Seattle to keep up. I was impressed by the Falcons relentless, balanced offense. They seem to have "it" this year, maybe that team of destiny?
My picks for the championships games next Sunday..
The Packers are hot, Rodgers is playing great and they have the experience to go all the way. Yet I can't see Green Bay doing it. Sooner or later the injuries will catch up to them. With Atlanta playing at home, I'll take the Falcons in a wild one, going to the Super Bowl by the score of 28-27.
If anyone can beat the Patriots in New England it would be the hot, experienced Steelers. The weather is not supposed to be bad next Sunday, certainly not as bad as it could be. I'm saying Pittsburgh gets to the Super Bowl with a tight 24-20 victory.
Friday, January 13, 2017
IN THE NEWS- TRUMP & VACCINES
This from Tribune Washington Bureau...
Robert F. Kennedy Jr., who has warned of a discredited link between childhood immunizations and the development of autism, has accepted an invitation from President-elect Donald Trump to lead a commission "on vaccine safety and scientific integrity", he told reporters this week.
A Trump spokeswoman would not confirm Kennedy's comment.
Kennedy, son of the late U.S. attorney general, said the president-elect "has some doubts" about vaccine policies but said both of them were in favor of vaccines.
"His opinion doesn't matter, but the science does matter, and we ought to be reading the science and we ought to be debating the science," Kennedy said. "Everybody ought to be able to be assured that the vaccines that we have...(are ) as safe as they possibly can be."
Hope Hicks, a spokeswoman for the Trump transition team, said only that the president-elect was "exploring the possibility" of a commission, but that no decision has been made.
"The president-elect enjoyed his discussion with Robert Kennedy Jr. on a range of issues and appreciates his thoughts and ideas," Hicks said. "The president-elect looks forward to continuing the discussion about all aspects of autism with many groups and individuals."
A wave of concern among some parents about a link between vaccines and autism, sparked by a since-discredited study, led instead to an increased risk for children in contracting diseases eradicated decades ago.
The U.S. centers for Disease Control and Prevention states explicitly that there "is no link between vaccines and autism," citing its own and independent studies.
In 2015 Kennedy testified against a California bill, now law, to block parents from being waived, beased on personal beliefs, from the requirement that their children be vaccinated. He apologized for comparing at one point the number of children with autism to the holocaust.
During a Republican primary debate in 2015 at the Reagan library in Simi Valley, Calif., Trump said he was "totally in favor of vaccines," but said autism had become an epidemic. He claimed a 2-year-old child of one of his employees developed autism just after receiving an immunization.
"I want smaller doses over a longer period of time," he said.
Robert F. Kennedy Jr., who has warned of a discredited link between childhood immunizations and the development of autism, has accepted an invitation from President-elect Donald Trump to lead a commission "on vaccine safety and scientific integrity", he told reporters this week.
A Trump spokeswoman would not confirm Kennedy's comment.
Kennedy, son of the late U.S. attorney general, said the president-elect "has some doubts" about vaccine policies but said both of them were in favor of vaccines.
"His opinion doesn't matter, but the science does matter, and we ought to be reading the science and we ought to be debating the science," Kennedy said. "Everybody ought to be able to be assured that the vaccines that we have...(are ) as safe as they possibly can be."
Hope Hicks, a spokeswoman for the Trump transition team, said only that the president-elect was "exploring the possibility" of a commission, but that no decision has been made.
"The president-elect enjoyed his discussion with Robert Kennedy Jr. on a range of issues and appreciates his thoughts and ideas," Hicks said. "The president-elect looks forward to continuing the discussion about all aspects of autism with many groups and individuals."
A wave of concern among some parents about a link between vaccines and autism, sparked by a since-discredited study, led instead to an increased risk for children in contracting diseases eradicated decades ago.
The U.S. centers for Disease Control and Prevention states explicitly that there "is no link between vaccines and autism," citing its own and independent studies.
In 2015 Kennedy testified against a California bill, now law, to block parents from being waived, beased on personal beliefs, from the requirement that their children be vaccinated. He apologized for comparing at one point the number of children with autism to the holocaust.
During a Republican primary debate in 2015 at the Reagan library in Simi Valley, Calif., Trump said he was "totally in favor of vaccines," but said autism had become an epidemic. He claimed a 2-year-old child of one of his employees developed autism just after receiving an immunization.
"I want smaller doses over a longer period of time," he said.
Thursday, January 12, 2017
IN THE NEWS- WANDERING & NEW MEDICAID WAIVER RULES
From Disability Scoop...
Federal officials are chiming in on how to balance independence and safety for people with disabilities who have a tendency to wander.
In a recently-issued frequently asked questions document, the Centers for Medicare and Medicaid Services said that there have been concerns as states work to implement new regulations governing Medicaid home and community-based services waivers.
The regulations, which are set to ta in March 2019, establish new standards for what settings are considered community-based.
Services paid for through Medicaid home and community-based services funds cannot be provided at nursing homes, institutions or intermediate care facilities under the rule. Moreover, settings must be integrated in the community in places where individuals choose to live and those receiving services must be allowed to make independent choices about their activities, physical environment and interactions with others.
Those requirements may pose special challenges when serving individuals with disabilities who elope, Medicaid officials acknowledged in issuing the guidance document.
"As states, providers, beneficiaries and other stakeholders determine a strategy for complying with the setting requirements," federal officials wrote, "questions have arisen on how to adhere to the individualized nature of service provision for individuals with dementia or other conditions in which unsafe wandering or exit-seeking behavior is exhibited."
Research shows that about half of kids with autism have bolted from a safe place. And, advocates cite more than 100 deaths stemming from wandering incidents since 2011 involving individuals with autism or Down syndrome.
When providing home and community-based services to individuals with a history of bolting, Medicaid officials said that providers should rely on person-centered planning to create a customized approach to ensure integrated access to the community while guarding against injury.
Staff working with those who wander should be specially trained in communication, identifying and handling behavior and understanding the types of situations that have led to eloping in the past. Supervision should be appropriate and flexible, the guidance recommends.
In addition, strategies can be employed to prevent over-or under-stimulation by modifying a person's environment or considering the types of available activities. Medical officials said other tools and technology can also be helpful in promoting "optimal independence."
Federal officials are chiming in on how to balance independence and safety for people with disabilities who have a tendency to wander.
In a recently-issued frequently asked questions document, the Centers for Medicare and Medicaid Services said that there have been concerns as states work to implement new regulations governing Medicaid home and community-based services waivers.
The regulations, which are set to ta in March 2019, establish new standards for what settings are considered community-based.
Services paid for through Medicaid home and community-based services funds cannot be provided at nursing homes, institutions or intermediate care facilities under the rule. Moreover, settings must be integrated in the community in places where individuals choose to live and those receiving services must be allowed to make independent choices about their activities, physical environment and interactions with others.
Those requirements may pose special challenges when serving individuals with disabilities who elope, Medicaid officials acknowledged in issuing the guidance document.
"As states, providers, beneficiaries and other stakeholders determine a strategy for complying with the setting requirements," federal officials wrote, "questions have arisen on how to adhere to the individualized nature of service provision for individuals with dementia or other conditions in which unsafe wandering or exit-seeking behavior is exhibited."
Research shows that about half of kids with autism have bolted from a safe place. And, advocates cite more than 100 deaths stemming from wandering incidents since 2011 involving individuals with autism or Down syndrome.
When providing home and community-based services to individuals with a history of bolting, Medicaid officials said that providers should rely on person-centered planning to create a customized approach to ensure integrated access to the community while guarding against injury.
Staff working with those who wander should be specially trained in communication, identifying and handling behavior and understanding the types of situations that have led to eloping in the past. Supervision should be appropriate and flexible, the guidance recommends.
In addition, strategies can be employed to prevent over-or under-stimulation by modifying a person's environment or considering the types of available activities. Medical officials said other tools and technology can also be helpful in promoting "optimal independence."
Tuesday, January 10, 2017
IN THE NEWS- ACCESSORY DWELLING OFFERS BRIDGE TO INDEPENDENCE
This article is from The Columbian...
Yung Ting Engelbrecht lounges on his couch watching "Barney" on a tablet. He can scan QR codes taped to the wall that connect him to some of his favorite YouTube videos.
"Where are you going to sleep tonight?" asks his mom, Jacqueline Noel.
"New house," Yung Ting says.
His 2888-square- foot accessory dwelling unit is attache to his parents' house in east Vancouver, Canada. Even though he's lived in the unit for a little over a year. Yung Ting still calls his place "new house" and his parent' "big house."
When people initially heard that Yung Ting was getting his own place, many were taken aback. The 23-year-old has autism and Down syndrome.
The rising cost of housing prevents many people with intellectual and developmental disabilities from securing housing and the independence that comes with it. Many have part-time work, if any work at all, or receive benefit checks that don't stretch far in today's housing market. Yung Ting is unemployed.
Building an accessory building unit, or ADU, may be one of the more creative options out there for parents and care providers grappling with what type of housing could balance freedom with support. It's not just about having a place to live, it's also about improving the overall quality of life, said Jennifer Matheis, the housing resource and training coordinator at The Arc of Southwest Washington.
"I think it gives everybody more hope and excitement about the possibilities," Matheis says.
Matheis, who has worked at The Arc for about a year, doesn't know any other families who have gone this route. Many opt for a roommate situation.
Yung Ting was born in Hong Kong and adopted in 1994 by Noel and Ted Engelbrecht when he was 1. His three non biological siblings met him in an orphanage while doing a service learning project abroad.
The family lived in Vietnam for 15 years before moving to Vancouver ro make a better life for Yung Ting. Ted Engelbracht is American, but was born and raised in India. Noel is from Belgium.
"We left because of him, because we started thinking about long term. He was almost done with high school, and we knew we would not be around forever. In Vietnam, they don't have much at all for people with special needs," Noel said.
At his international school, he was the only student with a developmental disability.
It was easier for the people to get jobs in America than in Europe, and they have family in Seattle. Ted Engelbracht teaches Theology at Concordia University in Portland, and Noel is a paraducator at Evergreen High School. which Yung Ting attended.
"We were told that Vancouver was much better for special education than Portland, Noel said.
An idea to build an ADU for Yung Ting came about when his parents started exploring housing options. Yung Ting doesn't like to be around people all the time, so a roommate situation didn't seem ideal, and apartments were expensive. Initially, they wanted to construct a tiny house on wheels that cold be moved, but they couldn't secure the permits to do that.
So, they turned to builder Jay Lepisto. He had built a gazebo for the family and they wanted an ADU that visually tied the property together, Lepisto mostly does remodeling projects through his business Finnesse Craftsman Inc.
"I've never done anything like that before," he said. "It was fun to design everything on a small scale."
The ADU was built in what used to be a vegetable garden on the side of the house. It has built-in storage, its own bathroom lined with a colorful mosaic of tiles from Habitat for Humanity ( where Yung Ting volunteers) and easy-to- clean plank floors. There's a combination washer a=nd dryer, a mini-fridge and a microwave, but no stove or oven. A covered front porch allows him to wait out of the rain for the C- Van bus.
When it was all finished, Yung Ting didn't need to transition to life in the ADU. He just gathered his stuff and moved.
"We were also debating whether or not to have direct access to the house. We decided, no, we want him to be independent. He's got his own entrance and there's no connection," Noel said, "I feel better having him in a smaller space than alone in a big house."
Through his back door he can walk across the deck and into his parents' kitchen for dinner. After everyone says good night, he locks the back door and closes the curtain- signaling that he's done hanging out with his parents for the day.
The family uses a mix of high- and low-tech devices to make the living situation work. They're trying to find the right balance between privacy, independence and safety.
To access his house, he has to type in a key code rather than use a key. Ringing the doorbell activates a camera that's also activated by a motion sensor . So, sometimes, Yung Ting will ring his own doorbell to talk to his mom through the camera.
Noel also uses a phone application that allows her to call Yung Ting and that automatically picks up and connects to a speaker system in his house. They used the technology for the first time when Noel had to take Ted Engelbrecht to the airport one morning and wouldn't be home to wake up Yung Ting. So, she told her daughter to use the audio system to call him and get him ready for the day.
When Noel arrived home, Yung Ting was eating breakfast, dressed and ready to go, but he had a weird look on his face. "Chloe talk," he said over and over. Noel said she feels bad that he got spooked.
"Maybe some much higher-functioning kid would not like this at all. They would realize they're being watched," Noel said. "But I think in a way it's reassuring for him."
Reminder Rosie, an alarm clock designed for people with memory issues, reminds Yung Ting about tasks and appointments; it will repeat until he turns it off. And pictures on his calendar also tell him what he's doing each day.
By his bed, there are QR codes that when scanned with his tablet lead to prayers his family recorded, so he can follow along and say his prayers before bed. Other apps on his tablet tell him how much time he has left until his next activity. There are soap and shampoo dispensers, and a device that puts toothpaste on his toothbrush. Without it, tooth[past would get all over the counter.
The ADU and all of the furniture, appliances and technology inside cost about $50,000. The cost was "very doable" for the pair of educators. They took out a loan to pay for it all, but the payments on the loan are less than renting an apartment would be. If Yung Ting hadn't wanted to move right in, the ADU could've been rented out for awhile to help pay for it.
"It was not Yung Ting who requested to move out. He was very happy with us. We realized that he was ready," Noel said.
Lepisto said it would be cheaper to convert part of an existing home into an ADU- to make a home within a home.
At first, Noel would virtually check in on Yung Ting all the time while she was away from home.
"I've learned a lot because I've learned to let go," Noel said. "he can call me if there's a problem, and we've got good neighbors."
She's reluctant to hand off access to the cameras to anybody else. It's his private space, even if he still needs some assistance day-to-day.
"How do you make people more independent, not more dependent? Too often our answer is, "Oh we feel sorry for them," but you actually end up breeding dependency rather than in-dependency," Ted Egelbrecht.
Yung Ting makes his breakfast every day, gets showered and dressed, hops on the bus and heads to his activities, whether it's a cooking class, bowling or volunteer work. He knows how to follow a schedule and contact his parents, if needed. Noel and Engelbracht said they would love to see Yung Ting get a job and think he can do more than people may expect.
"I'm not sure yet what kind of job he would get, but I'm still hoping he'll get one," Noel said, adding that everyone needs a purpose in life. "He's learned things that he would never do when he was living with us."
For now, she said, she likes the increased freedom everyone gets to enjoy. Being more in the background of Yung Ting's life gives the couple time to just be husband and wife again.
Yung Ting Engelbrecht lounges on his couch watching "Barney" on a tablet. He can scan QR codes taped to the wall that connect him to some of his favorite YouTube videos.
"Where are you going to sleep tonight?" asks his mom, Jacqueline Noel.
"New house," Yung Ting says.
His 2888-square- foot accessory dwelling unit is attache to his parents' house in east Vancouver, Canada. Even though he's lived in the unit for a little over a year. Yung Ting still calls his place "new house" and his parent' "big house."
When people initially heard that Yung Ting was getting his own place, many were taken aback. The 23-year-old has autism and Down syndrome.
The rising cost of housing prevents many people with intellectual and developmental disabilities from securing housing and the independence that comes with it. Many have part-time work, if any work at all, or receive benefit checks that don't stretch far in today's housing market. Yung Ting is unemployed.
Building an accessory building unit, or ADU, may be one of the more creative options out there for parents and care providers grappling with what type of housing could balance freedom with support. It's not just about having a place to live, it's also about improving the overall quality of life, said Jennifer Matheis, the housing resource and training coordinator at The Arc of Southwest Washington.
"I think it gives everybody more hope and excitement about the possibilities," Matheis says.
Matheis, who has worked at The Arc for about a year, doesn't know any other families who have gone this route. Many opt for a roommate situation.
Yung Ting was born in Hong Kong and adopted in 1994 by Noel and Ted Engelbrecht when he was 1. His three non biological siblings met him in an orphanage while doing a service learning project abroad.
The family lived in Vietnam for 15 years before moving to Vancouver ro make a better life for Yung Ting. Ted Engelbracht is American, but was born and raised in India. Noel is from Belgium.
"We left because of him, because we started thinking about long term. He was almost done with high school, and we knew we would not be around forever. In Vietnam, they don't have much at all for people with special needs," Noel said.
At his international school, he was the only student with a developmental disability.
It was easier for the people to get jobs in America than in Europe, and they have family in Seattle. Ted Engelbracht teaches Theology at Concordia University in Portland, and Noel is a paraducator at Evergreen High School. which Yung Ting attended.
"We were told that Vancouver was much better for special education than Portland, Noel said.
An idea to build an ADU for Yung Ting came about when his parents started exploring housing options. Yung Ting doesn't like to be around people all the time, so a roommate situation didn't seem ideal, and apartments were expensive. Initially, they wanted to construct a tiny house on wheels that cold be moved, but they couldn't secure the permits to do that.
So, they turned to builder Jay Lepisto. He had built a gazebo for the family and they wanted an ADU that visually tied the property together, Lepisto mostly does remodeling projects through his business Finnesse Craftsman Inc.
"I've never done anything like that before," he said. "It was fun to design everything on a small scale."
The ADU was built in what used to be a vegetable garden on the side of the house. It has built-in storage, its own bathroom lined with a colorful mosaic of tiles from Habitat for Humanity ( where Yung Ting volunteers) and easy-to- clean plank floors. There's a combination washer a=nd dryer, a mini-fridge and a microwave, but no stove or oven. A covered front porch allows him to wait out of the rain for the C- Van bus.
When it was all finished, Yung Ting didn't need to transition to life in the ADU. He just gathered his stuff and moved.
"We were also debating whether or not to have direct access to the house. We decided, no, we want him to be independent. He's got his own entrance and there's no connection," Noel said, "I feel better having him in a smaller space than alone in a big house."
Through his back door he can walk across the deck and into his parents' kitchen for dinner. After everyone says good night, he locks the back door and closes the curtain- signaling that he's done hanging out with his parents for the day.
The family uses a mix of high- and low-tech devices to make the living situation work. They're trying to find the right balance between privacy, independence and safety.
To access his house, he has to type in a key code rather than use a key. Ringing the doorbell activates a camera that's also activated by a motion sensor . So, sometimes, Yung Ting will ring his own doorbell to talk to his mom through the camera.
Noel also uses a phone application that allows her to call Yung Ting and that automatically picks up and connects to a speaker system in his house. They used the technology for the first time when Noel had to take Ted Engelbrecht to the airport one morning and wouldn't be home to wake up Yung Ting. So, she told her daughter to use the audio system to call him and get him ready for the day.
When Noel arrived home, Yung Ting was eating breakfast, dressed and ready to go, but he had a weird look on his face. "Chloe talk," he said over and over. Noel said she feels bad that he got spooked.
"Maybe some much higher-functioning kid would not like this at all. They would realize they're being watched," Noel said. "But I think in a way it's reassuring for him."
Reminder Rosie, an alarm clock designed for people with memory issues, reminds Yung Ting about tasks and appointments; it will repeat until he turns it off. And pictures on his calendar also tell him what he's doing each day.
By his bed, there are QR codes that when scanned with his tablet lead to prayers his family recorded, so he can follow along and say his prayers before bed. Other apps on his tablet tell him how much time he has left until his next activity. There are soap and shampoo dispensers, and a device that puts toothpaste on his toothbrush. Without it, tooth[past would get all over the counter.
The ADU and all of the furniture, appliances and technology inside cost about $50,000. The cost was "very doable" for the pair of educators. They took out a loan to pay for it all, but the payments on the loan are less than renting an apartment would be. If Yung Ting hadn't wanted to move right in, the ADU could've been rented out for awhile to help pay for it.
"It was not Yung Ting who requested to move out. He was very happy with us. We realized that he was ready," Noel said.
Lepisto said it would be cheaper to convert part of an existing home into an ADU- to make a home within a home.
At first, Noel would virtually check in on Yung Ting all the time while she was away from home.
"I've learned a lot because I've learned to let go," Noel said. "he can call me if there's a problem, and we've got good neighbors."
She's reluctant to hand off access to the cameras to anybody else. It's his private space, even if he still needs some assistance day-to-day.
"How do you make people more independent, not more dependent? Too often our answer is, "Oh we feel sorry for them," but you actually end up breeding dependency rather than in-dependency," Ted Egelbrecht.
Yung Ting makes his breakfast every day, gets showered and dressed, hops on the bus and heads to his activities, whether it's a cooking class, bowling or volunteer work. He knows how to follow a schedule and contact his parents, if needed. Noel and Engelbracht said they would love to see Yung Ting get a job and think he can do more than people may expect.
"I'm not sure yet what kind of job he would get, but I'm still hoping he'll get one," Noel said, adding that everyone needs a purpose in life. "He's learned things that he would never do when he was living with us."
For now, she said, she likes the increased freedom everyone gets to enjoy. Being more in the background of Yung Ting's life gives the couple time to just be husband and wife again.
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