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  • California Court Rules

    Oct 28th 2009

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    A Los Angeles trial court has issued a preliminary ruling that private insurance companies must pay for applied behavioral analysis treatments for children with autism. The Court found that a memo by a state agency permitting denials of coverage for such treatments was an in valid form of regulation that conflicts with a state law requiring insurers to cover mental and emotional health problems equally to physical problems. Here is the news article from the L. A. Times.

    It should be noted that this is just a preliminary ruling. As long time readers of this blog know, legal disputes are never over until they’re over. (I couldn’t resist quoting Yogi Berra with the World Series on the horizon. Next year it will be the Cubs; do you know how many years I have been saying that?) The case has not yet been decided. There is much more yet to come.

    If the preliminary ruling stands however, this could be an important decision. It

    Bar chart of the number (per 1,000 U.S. reside...Image via Wikipedia

    also may impact special education law. Many parents have attempted to have their school systems provide or reimburse for ABA treatments. These have sometimes been successful, but often get stuck in the methodology category. Since the Rowley decision, courts have held that methodology choices are the province of professional educators. Where a district program denied FAPE, however, some hearing officers and courts have ordered ABA programs. If insurance companies must pay for ABA treatments or programs, (and as I said above, we are a long way from that being “the law.”) there may be fewer attempts to look to school districts to pay for such services.

    What do you think about this?

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    Tags: autism, child, children, education, education law, parent, parents, school, school district, school districts, school system, special, special educ, special education, special education law

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  • 12.1% of Americans Have a Disability

    Oct 27th 2009

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    The most recent post incorrectly states that 21.1% of Americans have a disability. That is a typo (or else proof of my arithmetic challenge. The correct number is 12.1%. Please follow the link for more details. I'm sorry for the confusion.

    Thanks to alert reader Dick for bringing this to my attention.

    By the way, this post was done remotely by email. Viva technology!
    Sent from my BlackBerry wireless device from U.S. Cellular

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    Thanks for subscribing! Jim Gerl

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    Tags: education, special, technology

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  • Disability Statistics

    Oct 26th 2009

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    People often ask me about statistics. Sometimes even in combination with a lawyer joke.

    If you’re like me, it is hard to keep numbers at your fingertips. Don’t get me wrong, I loved mathematics; I even took calculus. I just hate arithmetic (the actual adding, dividing, or otherwise dealing with numbers.) Hence my reluctance to even attempt quoting statistics.

    But statistics are important in the disability arena, and I have discovered an important resource that provides a wealth of disability related statistics. An agency with a brutal name provides a great service. The agency is the Rehabilitation Research & Training Center on Disability Statistics & Demographics, or to its friends – Stats-RRC. Here is their website.

    They publish an annual report with a wealth of information. The Annual disability Statistics Compendium – 2009 is a gold mine. The 160 page report has all kinds of statistics on the prevalence of disabilities, and the education and employment of persons with disabilities. You can download or read the entire report here.

    Here are some stats to whet your appetite: 21.1% of Americans have a disability of some sort. The state with the lowest percentage of people with a disability is Utah with 8.9%. The highest is West Virginia with 19%.

    As of the Fall of 2007, of the total of 49 Million students aged 6-17 in the United States, about 5.6 Million, or about 11.4%, receive special education services under IDEA. Of the 5.9 Million students aged 6 to 21 who receive special education services under IDEA, about 4.7 Million, or 79.8 %, spend at least 40% of their day in the regular education classroom. (As with most other categories in the report, there are breakdowns for these stats by state.)

    By type of disability, the 5.9 Million students aged 6 to 21 receiving special education under IDEA, the breakdown by eligibility category is as follows:

    2.6 Million specific learning disability 43.3%
    1.1 Million speech/language impairment 19.2%
    624,000 other health impairment 10.6%
    487,000 mental retardation 8.3%
    438,000 emotional disturbance 7.4%
    257,000 autism 4.3%
    131,000 multiple disabilities 2.2%
    88,000 developmental delay 1.5%
    71,000 hearing impairment 1.2%
    60,000 orthopedic impairment 1.0%
    26,000 visual impairment 0.4%
    24,000 traumatic brain injury 0.4%
    1,300 deaf/blindness 0.02%

    There is a lot more detail in the charts and statistics contained in the report. I highly recommend it to everybody interested in special education.

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