spring 2010 spring 2010 micah’s dream · for years, micah’s dream was to go to college, like...

NEWS NEWS NEWS NEWS NEWS NEWS NEWS NEWS

VOLUME 8 • ISSUE 2VOLUME 8 • ISSUE 2VOLUME 8 • ISSUE 2VOLUME 8 • ISSUE 2

SPRING 2010SPRING 2010SPRING 2010SPRING 2010

IN THIS ISSUEIN THIS ISSUEIN THIS ISSUEIN THIS ISSUE

PAGE 2PAGE 2PAGE 2PAGE 2

• Post Secondary Resources

• Self-Advocacy

• Public Hearings on Independ-

ent Living


• Life My Way

• Disability Law Guide

• Removing ‘R’ Word


• FMPTIC Library/Newsletter

• Seclusion and Restraint

Report


• Book Review

• AT Terminology


• What Works for LD


• Autism Standards

• Math Strategy


• Service Animals


• Spanish Resources


• Test Your Knowledge

(Spanish)


• Test Your Knowledge

Families Matter @ School

Is a quarterly newsletter

published by the Family Matters Parent

Training and Information Center

(Funded by the U.S. Department

of Education)

MICAH’S DREAMMICAH’S DREAMMICAH’S DREAMMICAH’S DREAM

The Illinois statewide transition conference held in Schaumburg on November 9th and 10th, 2009

featured speaker Micah Fialka-Feldman, a self-advocate with intellectual disabilities from

Michigan who provided a session about learning and living with his friends and family. Since

that time some exciting things have happened for Micah. Here is his story.

For years, Micah’s dream was to go to college, like all of his friends. In 2003, Micah and several

other students with intellectual disabilities began sitting in on regular classes at Oakland

University (OU) through a Transition Program sponsored by a local school district with support of

OU. In the next few years, Micah attended classes, actively participated in student organizations

and extracurricular activities, volunteered in the Student Activities Center and was known by all

as a student at Oakland University. In 2007, the university initiated a new program called

OPTIONS which allowed Micah, and other students with intellectual disabilities to continue

learning as students at OU. The program required full tuition for classes while maintaining a full

course load.

After being on campus for a couple of years, Micah’s NEW dream was to LIVE on campus. He

saw the immediate advantages: not to have to take a two hour bus ride each day and being able to

hang out with his friends in the dorm at night and on the weekends. He also had helped move his

sister, Emma into her dorm which reminded him that he wanted the full college experience.

In 2007, he applied to move into the dorm and his application was accepted. He was given a

move-in date and paid the initial deposit to hold the room. Within a few weeks, he received

notification that he could not live in the dorm because of university policy. This led to a two year

long struggle during which he met with the Vice President of Student Affairs and the University

Board of Trustees. He garnered the support of fellow disability activists, family, friends, OU's

Student Congress, OU faculty, staff, and students who wrote letters, signed petitions, held rallies,

and testified on Micah’s behalf at the Board of Trustees.

The university was unrelenting so Micah joined with Michigan Protection and Advocacy Service,

Inc (MPAS) to sue OU for violation of his rights. After several

depositions and hearings, the Honorable Judge Duggan of the U.S.

6th District Court ruled on December 23, 2009 that OU had denied

Micah housing based on "prejudice, stereotypes and/or unfounded

fear of persons with disabilities” and ordered the university to let

Micah move in to the dorm.

On January 4, 2010, with the support of students, his family,

friends, and the media, Micah moved in to his dorm room in

East Vandenberg Hall.

(continued on page 2)

Micah in his dorm roomMicah in his dorm roomMicah in his dorm roomMicah in his dorm room

Micah’s Dream continued:

Debbie Einhorn spoke with Micah about what it has been like to live on campus. Micah responded, “It has been really exciting

meeting new friends. I feel like I am more like a full-time college student. I like meeting new people and getting to do the things I

couldn’t do before I lived on campus.” Some of the activities Micah said he has been able to participate in since moving onto campus

have been going to ball games, joining a service fraternity, raising money for cancer, attending Friday Night Live on campus with

friends, belonging to Jewish club, and becoming a member of Student Congress.

Micah reported that his favorite class at the university has been Public Speaking. He plans to graduate in May and when asked what

he wants to do after graduation he responded that he would like to travel around and speak about his experiences. He expressed a

hope to inspire other people with disabilities to go to college and to enjoy the full college experience by living on campus.

As a member of Kids As Self Advocates (KASA), Micah has encouraged his friends to go for the college experience. He encourages

other self-advocates to visit the KASA website at www.fvkasa.org. Details of the historic case, the timeline, news articles, and video

clips can be viewed on Micah’s website: www.throughthesamedoor.com.

PAGE 2

Self-Advocacy for High School

Students with Disabilities The Disability Law Lowdown has posted a podcast about self-advocacy for high school students with disabilities. Jacquie Brennan discusses a new information sheet published by the Pacer Center (www.pacer.org) that provides valuable information for high schoolers about how to plan for their future by taking an active role in IEP meetings and transition planning, whether the transition is to employment, post-secondary education, or independent living. It is so important that students learn to advocate for themselves so that goals that are set and plans that are made, include the desires of the student and not just those around the student.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com, as well as on iTunes. People can listen to the podcast directly from a computer or can download it to an MP3 player, like an iPod.

Resources for Students Getting

Ready to Transition to College

For information on postsecondary schools' obligations to provide auxiliary aids to qualified students who have disabilities under Section 504 and Title II of the ADA, check out this recently

updated website:

http://www.disability.gov/education/

educator_resources/

student_supports_&_accommodations

It includes examples of different types

of auxiliary aids and services.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is a project of the national network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. Contact the Center that serves you by calling 1.800.949.4232 v/tty. The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

To subscribe or listen to archived podcasts visit www.DisabilityLawLowdown.com.

The Statewide Independent Living Council of Illinois (SILC) and the Illinois Department of Human Services’ Division of

Rehabilitation Services (DRS) will be conducting 2 public hearings (details below).

These hearings present an opportunity for individuals with disabilities, their family members and service providers to tell the

federal government what they need to increase opportunities for independent living in Illinois. It is important that you attend

this hearing so that you can tell SILC and DRS what your concerns are. Your comments will be recorded and taken into

consideration in the development of the 2011-2013 State Plan for Independent Living (SPIL).

Sign language interpreters will be available. Please call (217) 744-7777 (V/TTY) for more information or if you require other

accommodations or need printed materials in an alternate format.

APRIL 21, 2010 from 2:00 - 4:00 p.m. APRIL 28, 2010 from 1:00 - 3:00 p.m.

Lincoln Public Library of Springfield Institute on Disability & Human Development

326 S. 7th Street; Carnegie Room 1640 W. Roosevelt Rd., 1st Floor Auditorium

Springfield, IL Chicago, IL

Family Matters - 1901 S. 4th St., Ste. 209 - Effingham, IL 62401 - Toll Free 1.866.436.7842 - [email protected]


Life My Way

Collaborating statewide organizations including the Illinois Council on Developmental Disabilities, The Arc of Illinois, The Campaign for Real Choice, The Family Support Network of Illinois, The Illinois Self-Advocacy Alliance, The Statewide Independent Living Council of Illinois, National Association for Down Syndrome, Illinois Network of Centers for Independent Living, Illinois Assistive Technology Program, Illinois Voices, Institute on Public Policy, Mental Health America of Illinois, Equip for Equality, and the Institute on Disability and Human Development, are making plans to organize Legislative Forums in each of the following media centers early this summer: Chicago, Springfield, Peoria, Rockford, Murphysboro, Champaign, the Quad Cities, greater East St. Louis, and Quincy.

The goal of the forums will be to: o Educate candidates on the importance of quality self-directed services for people with disabilities in Illinois, o Offer candidates an opportunity to educate voters on their planned disability policies, and o Impress upon candidates the importance of the disability vote.

Life My Way Platform This coalition believes that people with disabilities deserve equality and freedom. People with disabilities should be able to direct their lives “to live life our way”.

They believe the current system must be rebalanced and redesigned. Life My Way supports: o Self-direction and individual budgets for home and community based supports o New revenue to increase home and community based supports o Prompt payment for community services o An end to the state's waiting list of more than 18,000 children and adults with disabilities o Reforming the system by transitioning funding for institutional services into home and community-based supports o Investing in housing that is affordable and accessible o Moving forward with the Blueprint Resolution (HJR 28) to redesign services in Illinois

If you’d like to help support these efforts please contact Charlotte Cronin, by email at [email protected] or by phone at 309-693-8981, to offer assistance by: o Helping to identify a Legislative Forum site o Helping with invitations and/or follow through to candidates and legislators o Helping Charlotte organize advocacy training in your area prior to the forums o Contacting and energizing other advocates and organizations in your area o Being willing to work with the media o Providing financial support for the hosting of a forum(s) o Assisting to transport individuals with disabilities to a forum o Suggesting other ways that you can help

Disability Law Guide is Available

The National Network of ADA Centers announces the release of the new edition of the Disability Law Handbook. Free copies may be downloaded at:

http://www.southwestada.org/html/publications/dlh/index.html.

Hard copies can now be purchased for a $5 charge (includes shipping/handling) at: http://www.southwestada.org/html/publications/dlh/

purchaseform.html.

The Disability Law Handbook is a 64-page guide to the basics of the Americans with Disabilities Act and other disability related laws. Written in an Frequently Asked Questions format, The Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments.

This publication is produced by the Southwest ADA Center, one of the ten National Network of ADA Centers funded by the National Institute on Rehabilitation and Research of the Department of Education, to pro-vide technical assistance and training on the Americans with Disabilities Act and other disability-related laws.

Disability Leaders Issue Joint

Statement on Removing

"Retarded" from Everyday Speech

After meeting with White House Chief of Staff Rahm Emmanuel regarding his use of the word "retarded" in a meeting, a group of disability leaders released a statement to accept Emmanuel's apology and continue to work to end injustice to the disability community.

According to the release: "We are happy that he will join more than 54,000 other Americans in pledging to end the use of the R-word at www.r-word.org, and that he committed that the administration would continue to look for ways to partner with us, including examining pending legislation in Congress to remove the R-word from federal law. "

*****New Book Additions to the Family Matters Library (www.fmptic.org)*****

Quick Tips for Sound Section 504 Programs - John W. Norlin, Esq. & Amy E. Slater, Esq. Includes information on accommodations, grading, behaviors and harassment RtI in Restrictive Settings: The TIERS Model for Students with Emotional/Behavioral Disorders

Clayton R. Cook, Ph.D. & Diana Browning Wright, MS, LEP Discusses an improved service delivery system for students with intense emotional and behavioral problems Understanding Developmental Dyspraxia – A Textbook for Students and Professionals

Madeleine Portwood Contains latest research data and the neurological basis of the condition Toilet Training for Individuals with Autism or other Developmental Issues - Maria Wheeler, M.ED. Still Dancing-A New Stage, A Different Dance, Making the World a Better Place One School at a Time - Gabrielle Ford Tells her story as a person with a disability who was bullied and her passion to eliminate the vicious cycle of bullying still running rampant in our schools School-Based Behavioral Assessment – Informing Intervention and Instruction

Sandra Chafouleas, T. Chris Riley-Tillman, & George Sugai Offers suggestions for how to link assessment information to the design and implementation of evidence-based behavior interventions The Tattered Tapestry – A Family’s Search for Peace with Bipolar Disorder - Tom Smith Entails a portrait of the challenge and tragedy of bipolar disorder - a story of the struggle for balance, acceptance, and peace

Issues of Families Matter @ School are available on our website at www.fmptic.org. Visit the website to subscribe OR return this form to Family Matters PTIC, 1901 S. 4th St., Ste. 209, Effingham, IL 62401.

Choose from the following options: _____ I want the EMAIL version only. _____ I am the parent of a child with special education needs and wish to receive my FREE quarterly newsletter by MAIL. (If you provide your email address, you will ALSO receive the email version.) _____ I am a professional/work for an organization and wish to receive my quarterly newsletter by MAIL. I am enclosing my annual subscription of $10.00 with this form. Make checks payable to Family Matters PTIC. (If you provide your email address, you will ALSO receive the email version.)

REQUIRED: Name: Agency (if applicable): Address: City: , IL Zip: Email (if requesting newsletter electronically):

PAGE 4


The US Dept. of

Education Releases

National Summary of

Seclusion and Restraint in

Schools According to a new report, 19 U.S. states and territories have no policies or guidance governing restraint and seclusion in their schools. Meanwhile, Congress has introduced legislation, the Preventing Harmful Restraint and Seclusion in Schools Act to protect all children, including children with disabilities who stand at greater risk in schools from abuse, restraint, and seclusion (H.R. 4247, S. 2860). For a copy of the National Report visit:

http://www.trninc.com/update/

DOENationalSummary.pdf


Book ReviewBook ReviewBook ReviewBook Review:

Reflections of Erin: The Importance of Belonging, Relationships, and Learning with Each Other By Barbara McKenzie; Reviewed by Debbie Einhorn

Reflections of Erin is a collection of thoughts about an inclusive community, friendships, and a life well lived for the short time that Erin McKenzie spent on earth. Barb McKenzie shares stories, observations, discoveries, photographs and lessons learned from life with her daughter, Erin, who was born with Down syndrome. Erin passed away unexpectedly in 2004, just a few months after she graduated from high school and was just beginning to experience college life. Her many friends and loved ones share recollections of their experiences with Erin in the pages of this book.

In an email message to me Barb McKenzie explained that she did not want this book to be about Erin being extraordinary but instead to show the extraordinary opportunities Erin had to live an ordinary life. She said that it is her hope that sharing Erin’s story will help to keep the vision alive of inclusive schools and communities where all are welcomed and valued.

Barb McKenzie focuses only on the positive aspects of Erin’s inclusive school experiences and deliberately leaves out all commen-tary on the struggles it took to get there. The important part is the end result which was a full, rich and supported life for Erin. In the pages of this book we see Erin as an equal, fully participating member of her family, her school and her community. And, as Barb said, she enjoyed a typical life, doing the same things her friends without disabilities were doing like wearing blue nail polish, raising virtual reality pets, going to sleepovers and birthday parties, learning to read and increasing her academic skills in the general curricu-lum, participating in the school plays and drama club, and even giving speeches. Like so many other parents whose children with disabilities were educated in inclusive classrooms, Erin’s mom and dad were continually surprised by the amount of progress Erin made in many areas of learning. Given the opportunity, children very often exceed our own expectations for them. Barb queries in her book, “How can any of us decide which opportunities are or are not important in another person’s life?”

Reading the testimonials of Erin’s friends and classmates is a validation of the effectiveness of inclusive education and high expecta-tions. Truly, that is what education is all about – becoming part of a community, establishing social relationships, developing one’s strengths and talents, and participating fully in life. Those are all things that are often missing for children with disabilities who leave school after years of attending separate special education classrooms. Barb McKenzie’s book is a testament to the power of inclusive schooling for transforming the lives of students with disabilities. Reflections of Erin is not a “how-to” book but is simply a beautiful portrait of one child with Down syndrome who had an ordinary, meaningful life filled with friendships, opportunities and learning.

Because Erin’s parents were committed to ensuring Erin’s presence and belonging in typical educational environments from the time she started school until she graduated, Erin was able to learn beyond others’ expectations and to pursue her interests in theatre and arts. Barb points out that “real friendship often comes from our shared interests and passions and not our shared abilities”. Without the exposure to environments that can develop interests and passions, children often miss the opportunity to form such friendships.

Barb offers a great explanation of how inclusive education should work: “Inclusion as it applies to education requires flexibility, creativity, cooperative theories, collaboration, commitment, and risk – all of the requirements of good teaching, not special teaching. It’s about adults supporting other adults and children; children supporting other children and adults; and everyone learning how to problem-solve together. It’s about discovering the strengths and gifts in each of us.”

Barb’s book is a moving tribute to Erin and inclusive education. If teachers, administrators and parents who read it are able to see the possibilities for other students, then it will accomplish Barb McKenzie’s goal to keep the vision of inclusive schools and communities alive.

Reflections of Erin is available from the Family Matters’ lending library.

FREE new Family Center on Disability and

Technology Resource

The Family Center has updated its Assistive and Instructional Technology Glossary with new terms and expanded definitions. It is important for parents to understand the “language” of assistive technology so they can be informed advocates for their child’s technology needs. The updated glossary of terms can help parents learn about the kinds of assistive technologies that are currently available and how they can be used.

At the end of this glossary, you can find product details as well as photo credits for each of the images. This glossary is an excellent resource for parents who don’t know much about assistive technology but are interested in devices or items that could help their sons or daughters more easily participate in the general curriculum at school.

Use its easy alphabetical listing online or download it as a PDF

file. http://www.fctd.info/show/glossary

If you do not have access to the internet or a printer you can contact Family Matters for a copy.

NCLD Secures Expert Testimony to Congress on NCLD Secures Expert Testimony to Congress on NCLD Secures Expert Testimony to Congress on NCLD Secures Expert Testimony to Congress on

What Works for Students with LDWhat Works for Students with LDWhat Works for Students with LDWhat Works for Students with LD

PAGE 6


The National Center for Learning Disabilities (NCLD) offers a report on their involvement in two recent events that impact students with learning disabilities (LD):

• The U.S. House of Representatives Subcommittee on Children and Families hearing — Improving the Literacy Skills of Children and Young Adults, and

• The U.S. Department of Education Stakeholder Meeting — Educating Diverse Learners

NCLD recommended Response to Intervention (RTI) expert, Mary Kay Doré from Summit School District in Frisco, Colorado to testify before Congress. On Thursday, November 19, Mary Kay shared highlights with the subcom-mittee from Summit County's RTI program (called Response to Instruction) that allows school-based teams to utilize a problem solving model in helping all students gain key literacy skills. She emphasized the importance of carving out time for teachers to work with their building specialists in literacy, English language acquisition, special education, counseling and the principal so that screening and other benchmark data is used to look at students beyond their label (e.g. special education, English Language Learner) and flexibly group students by individual needs — even across grade levels. Mary Kay stated:

"This cross departmental approach matched the professional with the best skills for addressing each student's need. It impacted daily instruction and made teachers differentiate and use a variety of literacy strategies…as the teams looked at student data, intentional interventions and results, referrals [for special education] became more focused; evaluations for learning and other disabilities now include a discussion about the need for the sustained intensity and duration of the interventions that were currently occurring with students."

Mary Kay concluded: "The children we work with come to us at different levels of family support, mental health, vocabulary, everything. We need to have a system that can assess where they are and support them to the highest level...we need to make changes if we are going impact our children, and isn't that our true purpose?"

On Friday, November 20, the U.S. Department of Education hosted its fifth in a series of stakeholder meetings to inform the upcoming reauthorization of the general education law — the Elementary and Secondary Education Act — currently known as No Child Left Behind. NCLD was pleased that the Department acted on their recommendation to include Dr. Judith Moening, Executive Director of Special Education for North East Unified School District (NEUSD) in San Antonio, Texas. (Dr. Moening was also highlighted in the NCLD publication,

Challenging Change: How Schools and Districts are

Improving the Performance of Special Education Students.)

Dr. Moening shared highlights from NEUSD's program focused on improving the educational outcomes for students with disabilities that includes comprehensive and ongoing professional development on Universal Design for Learning, differentiated instruction, RTI, positive behavior intervention support and other essential programs to school based teams.

NEUSD has embraced a district-wide model that helps schools break down barriers so that all students have: access to the general curriculum, highly trained teachers, individual-ized supports and services; and, ultimately, success in achieving grade level proficiency. NEUSD has successfully ensured that all students are making adequate yearly progress, including students with disabilities in both reading and math. In her concluding remarks, Dr. Moening told the stakeholders,

"NCLB has provided what may have been an unintended boost to inclusion efforts and a focus on all students making academic progress. Our slogan is ‘Everybody Counts for Accountability’. What that means is that we are accountable for the achievement of every student against a fairly rigorous standard. We have gone from ‘No way can this be done’ to ‘How about this way…’ and now to ‘We know that what we're doing works.’ North East has met the challenges set by the current law and we urge you to continue to hold us and all schools accountable for reaching, teaching and succeeding with all children."

NCLD is working with such dedicated professionals along with Congress and the Administration to ensure that students most at-risk for and those identified with learning disabilities have every opportunity to learn and achieve at grade level and graduate with a regular diploma.

Written by: Laura Kaloi, Public Policy Director, National Center for Learning Disabilities

Family Matters would like to extend

a huge THANK YOU to the

employees of Patterson Company in

Effingham for their efforts to

conduct fundraisers and their

$3,000 donation to Family Matters.

Virtual Manipulatives in the Virtual Manipulatives in the Virtual Manipulatives in the Virtual Manipulatives in the

Inclusive Math ClassInclusive Math ClassInclusive Math ClassInclusive Math Class Using concrete and pictorial images in mathematics instruction is a research-proven strategy for many learners including students with disabilities. This strategy is commonly known as the Concrete-Representational-Abstract (CRA) Instructional Approach. This three sequence framework ultimately helps students make a connection between the concrete stage and abstract stage to achieve mastery of each mathematical concept. The National Library of Virtual Manipulatives (NLVM) is a project which uses this approach to instruction in teaching mathematics while addressing the problem of student disengagement. NLVM is a National Science Foundation (NSF) supported project that provides uniquely interactive, web-based virtual manipulatives and concept tutorials to involve students, at every grade level. Through the use of manipulatives, students are actively engaged in instruction and are able to visualize relationships and applications. Topics covered are: number and operations, algebra, geometry, measurement, and data analysis and probability. Go to http://nlvm.usu.edu/ to access the NLVM site.

PAGE 7


National Standards Report for Autism Spectrum Disorder Released For any of you that have ever searched treatment approaches for Autism Spectrum Disorders (ASD), you know how overwhelming the process can be. Parents, families, educators, service providers, and other professionals can be amazed at the awesome amount of autism information that exists in the media, literature, and especially on the web. Due to the explosion in numbers of those diagnosed and the amount of information regarding autism, the National Autism Center (NAC) initiated the National Standards Project. The focus of the Project is to address the growing need for evidence-based practice guidelines for ASD. Basically, it is meant to provide direction for those searching for effective, research based behavioral and educational interventions for individuals with ASD. The Project began in 2005 and information was gathered until fall of 2007. The report was recently released, as many awaited anxiously for the findings. The Project currently is the most extensive initiative to review literature regarding treatment approaches for ASD. The literature review encompassed research articles spanning from 1957 until 2007. The report describes 38 treatments for autism including, 11 established, 22 emerging, and 5 unestablished treatments. Some examples of interventions that are included in the report are: behavioral package, schedules, Augmentative and Alternative Communication Devices, Picture Exchange System, Sensory Integrative Package and more. Future directions for both the scientific community and the Standards Project are described. Also, the following list of frequently asked questions is included: What is the best way to look up information if I want to know if a treatment works? What does it mean if a treatment isn’t listed? If the National Standards Report identifies an Established Treatment, does that mean I should start using that treatment immediately? You have described treatments you reviewed as educational or behavioral. What does that mean? This report will help many in the quest for more autism specific information. The collection of information can be very valuable in giving a starting point for a family after receiving a diagnosis. The report can also assist in providing reliable information regarding treatments that target the sensitive and specific needs of an individual on the spectrum. For more information on the National Standards Project visit www.nationalautismcenter.org or call 877-313-3833. You may also download a video describing the rationale and findings of the NAC or request copies of the report via email.

Submitted by: Nel Daymon, MS, CCC-SLP Southern Regional Coordinator

Illinois Autism Training and Technical Assistance Project www.illinoisautismproject.org


COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESSCOMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESSCOMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESSCOMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS

1. Q: What are the laws that apply to my business? A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

2. Q: What is a service animal? A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance. A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal and not just a pet? A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

4. Q: What must I do when an individual with a service animal comes to my business? A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I

violating the ADA? A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business? A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

(continued on next page)


8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents."

Am I violating the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

9. Q: Am I responsible for the animal while the person with a disability is in my business?

A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control? A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experi-ence with other animals. Each situation must be considered individually. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disabil-ity who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business? A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

Source: U.S. Department of Justice, Civil Rights Division, Disability Rights Section

Get Ready to Read English and Spanish Resources for Parents and Teachers Connect to new resources for Spanish-speaking parents! The Get Ready to Read! web site recently launched a new section to assist Spanish-speaking parents in helping their children build skills before kindergarten. In addition, there are also resources designed to help parents and families talk with teachers and day care providers about questions they have about their child's development. Conéctese a los nuevos recursos para padres que hablan español! El sitio de Internet de Prepárate a Leer! ha introducido reciente-mente una nueva sección para ayudar a los padres que hablan español a ayudar a sus hijos a desarrollar destrezas antes de entrar al jardín de infantes. Además, hay también recursos designados a ayudar a los padres y familias a conversar con los maestros y provee-dores de cuidado infantil sobre sus preguntas relacionadas con el desarrollo de su hijo. www.GetReadytoRead.org/SpanishResources Help your child learn to read! Explore the free Spanish resources on GetReadytoRead.org! Ayude a su niño a aprender a leer! Explore los recursos gratuitos en español en el sitio GetReadytoRead.org! www.GetReadytoRead.org/SpanishResources Help build a strong home-school connection with families in your school or setting by sharing these free Spanish resources with the parents and families you know. Engage parents and families in literacy skill-building at home, provide them with tips on develop-mental milestones to look for and make them feel welcome to speak with you about their questions and concerns. Ayude a fortalecer una conexión fuerte entre el hogar y su escuela o establecimiento compartiendo estos recursos gratuitos en español con los padres y familias que conoce. Involucre a los padres y familias en el fortalecimiento de las destrezas literarias en el hogar, proporcióneles consejos sobre hitos del desarrollo que deben tener en cuenta y hágalos sentir bienvenidos para conversar con usted sobre sus preguntas y sus preocupaciones. www.GetReadytoRead.org/SpanishResources

Examine su conocimiento acerca de . . . . . . . Medicinas en la escuela Preguntas:

1. ¿Cuándo son los distritos escolares responsables por administrar medicinas a niños con discapacidades durante el día escolar?

2. ¿Deben las medicinas ser dispensadas solamente por una enfermera de la escuela?

3. ¿Tienen permiso los estudiantes para llevar consigo medicinas durante el día escolar?

4. ¿Pueden los distritos escolares exigir que los estudiantes usen medicinas para controlar problemas de conducta como requisito

para permanecer en sus clases?

Respuestas:

1. Cuando un estudiante con una discapacidad necesita medicina para beneficiarse de la educación especial o de los servicios

educativos, el distrito escolar debe desarrollar un plan que asegure que la medicina es administrada en el horario(s)

apropiado(s) e incluir tal plan en el IEP (Plan Individualizado de Educación) o el plan de la Sección 504 del niño. Para

solicitar un plan de administración de medicina, los padres deben hacerlo por escrito y presentar órdenes escritas del médico

del niño para cada medicina con receta y sin receta que el niño necesita durante el día escolar. Esas órdenes escritas deben

incluir información como el nombre de la medicina, la dosis, cómo debe administrarse, la frecuencia y el horario, el

diagnóstico, el efecto deseado y los posibles efectos negativos, y si el médico da permiso para que el estudiante se auto

medique. Las medicinas deben ser traídas a la escuela para que el estudiante las tome y deben estar en el frasco con etiqueta

original que contiene la información requerida.

2. Los distritos escolares tienen varias opciones acerca de cómo dispensar medicinas en la escuela incluyendo:

• Usando una enfermera certificada o registrada en cada edificio para administrar medicinas

• Usando una enfermera certificada para múltiples edificios que están cerca uno de otro organizando sus horarios

para estar en cada edificio

• Teniendo una enfermera certificada responsable por la póliza de administración del distrito suplementada por

otras enfermeras registradas con supervisión

• Contratando con el departamento de salud local, agencia u hospital que emplea enfermeras registradas para

venir a la escuela y administrar medicinas

• Permitiendo (pero no obligando) que los padres o tutores vengan a la escuela a administrar las medicinas a sus

propios hijos

3. Los niños que reciben permiso para auto medicarse deben ser supervisados por la enfermera de la escuela o el director, o

persona designada, cuando el niño toma la medicina. Las medicinas deben guardarse en un cajón o armario con llave.

Cuando la medicina es una substancia controlada, el armario con llave debe estar fuertemente ajustado a una pared. Las

medicinas que deben permanecer refrigeradas deben guardarse en un refrigerador con llave que no contenga comida. Los

estudiantes deben ser evaluados en forma individual sobre la necesidad de portar medicina de emergencia como inhaladores

para el asma. Una declaración escrita firmada por el médico del niño y el padre explicando la necesidad y la habilidad del

estudiante de auto-medicarse apropiadamente, debe estar archivada en la oficina de la escuela.

4. Una ley federal, The Child Medication Safety Act of 2003 (Ley de Seguridad en Medicinas Infantiles de 2003) y una ley de

Illinois que enmendó el Código Escolar de Illinois, prohíben que el personal de la escuela exija que un niño obtenga una

receta para una substancia controlada como condición para asistir a la escuela o recibir servicios. Por ejemplo, la escuela no

puede obligar a estudiantes que sufren del Desorden de Atención Deficiente (ADD por sus siglas en inglés) a tomar medicina

para poder ir a clase. Los maestros y administradores de la escuela pueden reconocer los síntomas de ADD en algunos

estudiantes y pueden ofrecer sugerencias para que los padres hagan evaluar al niño con médicos profesionales, pero no

pueden hacer diagnósticos médicos o exigir que los estudiantes tomen medicinas.

Usted puede encontrar más información sobre este tema en un documento llamado Recommended Guidelines for Medication

Administration in Schools (Guía de recomendaciones para la administración de medicinas en las escuelas) producido por el

Departamento de Servicios Humanos de Illinois y el Ministerio de Educación de Illinois (ISBE). Usted puede Llamar a Family

Matters para obtener una copia o hallarla en el sitio web de ISBE, http://www.isbe.net/spec-ed/pdfs/medication_administration.pdf.

PAGE 10



Test Your Knowledge About . . . . . . .Medications in School Questions:

1. When are school districts responsible for administering medications to children with disabilities during the school day?

2. Must medications only be dispensed by a school nurse?

3. Are students allowed to carry medications with them during the school day?

4. May school districts require students to use medication for behavioral issues in order to remain in their classrooms?

Answers:

1. When a student with a disability requires medication in order to benefit from special education or educational

services, then the school district must develop a plan to assure that the medication is administered at the appropriate time(s)

and include such a plan in the student’s Individualized Education Program (IEP) or Section 504 plan. In order to request a

medication administration plan, parents must do so in writing and provide written orders from the child’s physician for all

prescription or non-prescription medications needed by the child during the school day. Those written orders must include

information such as the name of the medication, the dosage, how it is to be given, the frequency and time to be given, the

diagnosis, the intended effect and possible side effects, and whether or not the physician gives approval for the student to

self-administer the medication. Medications that are brought to school for students to take during the day must be in clearly

labeled original prescription containers with certain required information displayed on the label.

2. School districts have several options for how medications are dispensed at school including:

• Using a certificated school nurse or registered nurse per building available for administering medications

• Using one certificated school nurse for multiple buildings that are near to each other by staggering the times at

each building

• Having one certificated school nurse responsible for the district administration policy supplemented by other

registered nurses who are supervised

• Contracting with a local health department, agency or hospital to employ registered nurses to come into the

school and administer medications

• Allowing (but not requiring) parents or guardians to come to the school to give out medications to their own

children

3. Children who are approved to take medications themselves must still be supervised by the school nurse or the principal or the

principal’s designee when taking their medication. Medications must be stored in a separate locked drawer or cabinet.

When the medication being stored is a controlled substance, the locked cabinet must be securely attached to a wall. Medica-

tions requiring refrigeration must be kept in a locked refrigerator separate from food. Students should be evaluated on an

individual basis for the need to carry emergency medication such as asthma inhalers. A written statement signed by the stu-

dent’s physician and parent that explains the necessity and student’s ability to self-administer the medication appropriately

must be on file in the school’s office.

4. A federal law, The Child Medication Safety Act of 2003, and an Illinois law which amended the Illinois School Code, both

prohibit school personnel from requiring a child to obtain a prescription for any controlled substances as a condition of

attending school or receiving services. So, for example, students who have Attention Deficit Disorder (ADD) cannot be

required by their school districts to take medication in order to stay in their classrooms. Teachers and school administrators

might recognize symptoms of ADD in students who are attending their schools and may offer suggestions to parents that a

child be evaluated by a medical professional but school personnel cannot make medical diagnoses or require that students

take medications.

Much more information about this topic can be found in a document called Recommended Guidelines for Medication Administration

in Schools produced by the Illinois Department of Human Services and the Illinois State Board of Education. You can call Family

Matters to obtain a copy or you can find it on ISBE’s website at: http://www.isbe.net/spec-ed/pdfs/medication_administration.pdf.

Lincolnland Building

1901 S. 4th Street, Suite 209, Effingham, IL 62401

Website: www.fmptic.org

FMPTIC is funded by the U.S. Department of Education

with additional support from ARC Community Support Systems

Change Service Requested

FMPTIC Upcoming Training Events

For more information or to register, call 866-436-7842 or register online at www.fmptic.org

4-19-10 Jacksonville - Understanding Your Child's IEP Form: What Does It All Mean?

4-21-10 Dixon - Student Progress: What Support Does Your Child Need Over the Summer?

4-22-10 Carterville - Educating Children with Emotional Disturbances

4-22-10 Shelbyville - Building Educational Supports for Students with ADD/ADHD

4-24-10 Rock Falls (a.m. session) - Response to Intervention: Helping All Kids Succeed

4-24-10 Rock Falls (p.m. session) - Educating Children with Emotional Disabilities: Flexible Supports at School

4-26-10 Peoria Heights - Solving the Employment Puzzle for Youth with Disabilities

4-29-10 Quincy - Collaboration: Schools and Families Working Together

4-29-10 Carbondale - Adaptations That Support IEP Goal Achievement

5-6-10 LaSalle - Educating Children with Emotional Disabilities: Flexible Supports at School

5-8-10 Dixon - Moving From Early Intervention to School Services

5-20-10 Carbondale - Student Progress: What Supports are Needed Over the Summer?

5-26-10 Fairview Heights - Transition From School to Adulthood

6-7-10 Peoria Heights - F.A.T. City (Frustration, Anxiety and Tension): Understanding Learning Disabilities

If you would like to be added to our mailing list or have a change in your name, address or other information, If you would like to be added to our mailing list or have a change in your name, address or other information, If you would like to be added to our mailing list or have a change in your name, address or other information, If you would like to be added to our mailing list or have a change in your name, address or other information,

please let us know please let us know please let us know please let us know ---- Call 1.866.436.7842, Email Call 1.866.436.7842, Email Call 1.866.436.7842, Email Call 1.866.436.7842, Email [email protected]@[email protected]@fmptic.org, Fax 1.217.347.5119 , Fax 1.217.347.5119 , Fax 1.217.347.5119 , Fax 1.217.347.5119

UUUU

PPPP

CCCC

OOOO

MMMM

IIII

NNNN

GGGG

TTTT

RRRR

AAAA

IIII

NNNN

IIII

NNNN

GGGG

SSSS

spring 2010 spring 2010 micah’s dream · for years, micah’s dream was to go to college, like...

Documents