APPROPRIATION INCREASE FOR DIVISION ON AUTISM AND SPECIAL EDUCATION TRANSPORTATION

BOSTON, MA – Representative Barbara L’Italien (D-Andover) today announced that a $2,400,000 increase was appropriated to the Division on Autism and a $2,000,000 appropriation was allocated to Special Education Out of District Transportation. Both were voted on favorably by the House.

The Division on Autism funding, now totaling $5,321,753, includes:

• $4M for the Autism Medicaid Waiver in order to support children with autism at risk of institutionalization in their home and communities ($2M of this will be reimbursed by Medicaid);
• $921,753 in funding to enable the division to provide much-needed services to autistic children;
• $200,000 for Melmark New England to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism
• $100,000 for New England Center for Children, Inc. to provide training and support to public school districts and families for the establishment of in district partner classrooms to serve children with autism
• $100,000 for Asperger’s Association of New England to provide support services to individuals with high functioning autism or Asperger’s Syndrome.

The $2,000,000 for Special Education Out of District Transportation is a first time spending initiative in the state budget and will help alleviate some of the burden on cities and towns who are struggling to make ends meet.

“This additional funding for special education transportation and autism will be extremely helpful for both the communities and the autism community,” said Representative L’Italien. “Special education transportation is a very costly but needed service and I am glad we were able to assist in covering some of the costs. Autism is a growing epidemic effecting 1 in 122 births in Massachusetts and we need to continue to provide essential services for families in need.”

The budget will now proceed to the Senate for further consideration. Any differences between the House and Senate budgets will be resolved in a Conference Committee before being sent to the Governor for his signature.

House Passes Legislation to Reorganize State Education Governance

Governor Patrick’s Proposal to Create Education Secretary Moves Forward

Boston – The House of Representatives today passed legislation to reorganize the Commonwealth’s education system, from pre-K through Higher Education. The bill, which would create a cabinet-level secretary of education, was filed by Governor Patrick on January 10 to coordinate seamlessly each sector of education in the state.

“The House passed Governor Patrick’s proposal to better target our education goals throughout the Commonwealth. Our existing education organization will be bolstered by a new cabinet secretary of education and our children will be well served with an education advocate at the highest level of state government,” said Representative Barbara L’Italien (D-Andover).

“The House overwhelmingly voted today to approve of the Governor’s proposal to reorganize the state education system. I believe streamlining our education governance under a new Secretary will be a step toward a more cohesive and comprehensive organization,” said House Speaker Salvatore F. DiMasi (D-Boston).

“I am pleased the House has supported our proposal to improve the Commonwealth’s education governance structure,” said Governor Deval Patrick. “This is an important step forward in our commitment to offering a world-class education to every child in Massachusetts.”

“Having a Secretary of Education will provide the necessary alignment of the three education silos that our system has lacked while maintaining the independence of the various Boards. I am so pleased that the coordination supplied by this new Secretariat will enhance the Commonwealth’s mission of ensuring a high-quality ‘Cradle-to-Career’ education,” said Representative Patricia Haddad, Co-Chair, Joint Committee on Education.

The bill would create an Executive Office of Education to be headed by the Secretary of Education. The Executive Office will oversee the departments of:
• Early Education and Care (existing)
• Elementary and Secondary Education (formerly called the Department of Education)
• Higher Education (currently the Board of Higher Education)

The Secretary of Education will be granted authority over:
• The boards’ final approval of each of the three commissioners
• Approval over mission statements and 5-year master plans, at the departmental level and, within higher education, at the institutional level.
• A voting seat on the UMass board, as well as three education boards
• Approval of budget and capital outlay requests at the departmental and institutional levels.

The legislation will maintain, expand and restructure existing education boards. Each of the boards will expand by two members and the secretary will also serve as a voting member of those boards. The terms of members on the Elementary and Secondary board will be staggered to ensure that a fixed number of appointments come up each year. Peer commissioners from each board will be removed. All existing powers of the boards will remain as they are.

Additionally, the legislation would grant the Governor authority to appoint the chair of the UMass board of trustees.

The Governor’s proposal now moves to the Senate for its consideration.

State Offers Program to Parents with Autistic Children

By Edward Mason
Staff writer
Eagle Tribune

BOSTON – The Massachusetts Department of Mental Retardation is accepting applications for parents of autistic children to join the state’s three-year autism waiver program.

The DMR will accept the applications Nov. 5 through Nov. 16. Eighty low-income children from across the state will be selected through a lottery to receive a waiver for up to $25,000 in benefits.

To be eligible, a child must have a confirmed diagnosis of an autism spectrum disorder. Those include autistic disorder, Rhett’s Syndrome, childhood disintegrative disorder and Asperger’s Syndrome.

The child also must be under 9 years old, a Massachusetts resident, eligible for MassHealth and able to be served safely in the community.

The waiver covers an individualized autism support care plan to help families determine their child’s needs and specific services.

There are an estimated 10,000 autistic children in Massachusetts. Rep. Barbara A. L’Italien, D-Andover, an autism advocate, said the program will help autistic children.

“All the research suggests if we get to children early on and give them support with education, communicating and managing their behavior, they have a much better chance of maximizing their potential,” L’Italien said.

Children selected through the lottery will be assessed for financial need and clinical eligibility.

To apply, parents from the Merrimack Valley, Cape Ann and the North Shore must go through the North Shore ARC at 6 Southside Road in Danvers. The telephone number is 978-777-9135, ext. 2301.

The waiver is a combination of federal and state matching funds. The state receives $1 million for every $2 million it appropriates. Right now, the waiver lasts just three years to ensure turnover so more children can participate. L’Italien said she hopes the state spends more money on the program in the future so more children can be eligible.

“My hope is that we’ll grow this program,” L’Italien said.

HOUSE AND SENATE REACH BUDGET ACCORD

BOSTON – Members of the Massachusetts Senate and House of Representatives appointed to resolve differences between the branch’s blueprints for the $26.8 billion Fiscal Year 2008 general operating budget have reached an agreement. The accord, known as a Conference Committee Report, was signed by all Democratic and Republican committee members and will travel to the Governor’s desk for his consideration after being accepted in both the House and Senate. The plan calls for an overall increase in appropriations of 4.2% over last year.

“This budget directs resources to proven initiatives that improve quality of life, stimulate and protect regional economic growth and ensure that the most vulnerable citizens receive the care they deserve. The Legislature has continued its commitment to supporting municipalities and strengthening the partnership between state and local government by focusing on core services such as education and public safety. Finally, the course this budget sets for the Commonwealth places it on solid fiscal ground by calling for appropriate savings and judicious spending on the most effective programs,” said Representative Robert A. DeLeo (D-Winthrop) and Senator Steven C. Panagiotakos (D-Lowell), who chair the House and Senate Committees on Ways and Means, respectively, and who were their branch’s chief budget negotiators.

In addition to Chairman DeLeo and Chairman Panagiotakos, the conference committee appointed by House Speaker Salvatore F. DiMasi (D-Boston) and Senate President Therese Murray (D-Plymouth) also included House Ways and Means Vice-Chair Marie P. St. Fleur (D-Boston); Senate Ways and Means Vice-Chair Steven A. Tolman (D-Brighton); ranking Republican House Ways and Means member Viriato M. deMacedo (R-Plymouth); and ranking Republican Senate Ways and Means member Michael R. Knapik (R-Westfield).

Selected highlights of the budget agreement include:

Local Aid

Provided $935 million, a $15 million increase, in Lottery aid to cities and towns which is due to the Legislature’s recent “uncapping” of Lottery Distribution funds allowing for the return of 100% of Lottery revenue to cities and towns;

Provided over $3.72 billion for Chapter 70 education funding, which is a $220 million increase over last year’s allocation. This amount is $93.4 million above the amount required under current statute to keep each school district at “foundation” levels and provides all 351 cities and towns with an increase in funding;

Provided $23 million for the Sewer Rate Relief fund to help control the water and sewer bills of ratepayers throughout the Commonwealth;

Provided $21.35 million in community policing grants to cities and towns;

Level funded the Additional Assistance line item;

Increased to $28.3 million Payment in Lieu of Taxes (“PILOT”) payments which represents a $3 million increase over last year; and,

Provided an increase of $2.8 million for regional school transportation reimbursements.

Education

With respect to Early Education and Care: Provided $166.9 million for child care vouchers for those being served by the Department of Transitional Assistance; $209.8 million for low income child care vouchers; and an additional $12.6 million for supportive child care to ensure that no children with active abuse or neglect cases will be without child care services;

With respect to the Department of Education: Provided $33.8 million for kindergarten expansion grants which represents a $6.8 million increase over Fiscal Year 2007; $58.3 million for regional school transportation; an increase for the special education ‘circuit breaker’ program of $12.3 million which represents a 9.49% increase over last year; and provide $13 million, up from $6.5 million last year, for Expanded Learning Time Grants; and,

With respect to Higher Education: Provided an increase for the scholarships of $4 million to allow a greater number of students to receive additional aid as the cost of higher education continues to rise; established the Commonwealth Covenant Fund, a new $3.75 million loan repayment program to encourage students to pursue degrees in math, science, engineering, technology and health care and to work in Massachusetts; provided an increase of $23.5 million for state and community colleges; and provided an increase of $25.2 million for the University of Massachusetts system.

Public Safety

Provided $4 million in funding for municipal police training grants;

Provided $500,000 for the witness protection board to protect those testifying in criminal prosecutions;

Provided over $160 million for services at the Department of Youth Services (DYS);

Provided $3.3 million for teachers’ salaries to improve teacher retention at DYS;

Provided $15.2 million for the State Police Crime Lab;

Provided $1.2 million to reduce recidivism rates at the Department of Corrections;

Provided $2 million for the youth anti-violence initiative, a multi-faceted approach to confronting teen violence; and

Provided $250,000 for an emergency text messaging notification system to be set up on all public college and university campuses.

Health and Human Services

Provided the Department of Mental Retardation with $1.3 billion representing a $51 million increase over the last fiscal year;

Provided the Department of Mental Health $667 million representing an increase of $19 million over last year;

Provided $799 million for the Department of Social Services;

Provided $3.3 million for expansion of single occupancy units for homeless individuals with mental illnesses;

Provided $9 million for adult mental health services;

Provided $23 million for salary adjustments for human service providers;

Provided an increase of $12 million for the Universal Immunization program to target Rotavirus, Meningococcal conjugate 4 (MCV4) and other existing immunizations;

Provided an increase of $8.5 million for tobacco control; and,

Doubled the appropriation to $1.2 million, from $600,000, for the Housing First pilot project.

Economic Development

Continued funding for the Commonwealth’s One-Stop Career Centers and increased funding for the Youth-at-Risk program by $2 million;

Increased the Massachusetts Office of International Trade and Investment by $500,000 over last year; and,

Provided $1.5 million for the Office of Business Development.

Housing and Homelessness

Provided $15 million in additional funding for Local Housing Subsidies to provide safe and affordable housing for low income and homeless families;

Provided $2.5 million in additional funding for the Massachusetts Rental Voucher program (MRVP) to continue to pay for existing vouchers to eligible families and individuals; and,

Provided an additional $100,000 for the funding for the Individual Development Account (IDA) program which pools state, federal and private funds to match earned income deposited into the savings accounts of qualified participants.

Veterans

Provided $18.1 million for annuity payments to certain veterans and their families; and

Provided $15.1 million for veterans benefits payments to indigent veterans.

Legislature Sends Landmark Child Labor Reform Bill to Governor

Boston, MA – State Representative Barbara L’Italien (D-Andover) today announced that the Massachusetts Legislature gave final approval to legislation increasing workplace protections for the Commonwealth’s 300,000 young workers. The bill, which is now on the Governor’s desk, marks the first major reform of the state’s child labor laws in nearly 70 years.

“Half of Massachusetts 16 and 17 year olds have jobs and workplace injury rates for minors are double those reported for adults,” said L’Italien. “Clearly the provisions and safeguards incorporated in this bill are needed to keep our kids safe and give their parents the peace of mind they deserve.”

The legislation simplifies the work permit process and expands the Attorney General’s enforcement authority by allowing him to bring civil charges against violating employers. In addition, it requires on site adult supervision of teens working after 8 p.m. and prohibits minors from holding jobs that require them to carry a firearm.

“Bringing our child labor laws into the 21st Century will be beneficial for both employees and employers,” said L’Italien. “Working teenagers learn valuable life lessons in the workplace; this legislation guarantees that those lessons will be learned in a safe and appropriate environment.”

Groups Ally in Fight, Filing Against Shocks

Groups ally in fight, filing against shocks
By: RORY SCHULER – Taunton Gazette
10/25/2006

TAUNTON – At least 20 New England activist groups have been lobbying for a Bay State ban on aversive therapies such as those used at the Judge Rotenberg Educational Center.

Pending state legislation, co-sponsored by Democrats Sen. Jarret Barrios, D-Cambridge, and Rep. Barbara L’Italien, D-Andover – Senate bill 376 and House bill 1120 – has been proposed to “ensure the humane treatment of disabled persons,” by prohibiting painful therapies such as electric skin shock.
“While the Massachusetts Constitution promises equality, irrespective of ability or disability, there are no statutes that prohibit procedures which involve the purposeful infliction of pain on people with disabilities with the intention of changing behavior,” states a letter provided by John Thomas, of The Arc of Massachusetts, representing a group of undersigned organizations, urging constituents to support the bills. “There are no statutes protecting them from physical contact or punishments, or protecting them from the denial of adequate sleep, food, shelter, bedding or bathroom facilities.”
With no formal Beacon Hill sessions scheduled for the rest of year, the bills have stalled, and won’t resurface until next year, at the earliest.
State Sen. Brian A. Joyce, D-Milton, has also sponsored an amendment to ban aversive therapy in Massachusetts and intends to file it again in the next session.
The letter’s undersigners – in addition to the Arc, 17 organizations and additional affiliates led by civil liberties boosters and advocates for the autistic – have combined resources to draw statewide and national attention to the methods of therapy in use at the center.
“These extreme, punishing physical interventions are illegal when inflicted upon nondisabled people, but when used on people with disabilities, are considered treatment or ‘aversive therapy,’” the letter says. “These procedures have never shown to be effective methods of permanently altering behavior, including that which may be self-abusive.”
School Committee member and Department of Social Services caseworker Alfred W. Baptista Jr., has made comparisons between the rights of prisoners and the rights of severely disabled children. While prisoners cannot be forced to undergo painful behavior-changing procedures, covered under cruel and unusual punishment prohibitions in the U.S. Constitution, it is legal to expose children to those therapies, as long as they are included in their court-approved and special educator-designed individualized education plans.
The state legislation, if ratified, would prohibit what the groups have labeled “the most extreme forms of punishing physical procedures.”
They include any technique designed to cause physical pain, such as hitting, pinching and electric shock; physical contact or punishment otherwise prohibited by law or that would be prohibited if used on a nondisabled person; and any program that denies adequate sleep, food, shelter, bedding or bathroom facilities.
Even state agencies have started shying away from recommending the institute and its heavily debated methods. Denise Monteiro, a public affairs spokeswoman for DSS, said the state’s caseworkers almost never place disabled children in the center’s care.
“It’s so controversial,” she said. “There are other methods. We don’t put our kids there and haven’t for years.”
In some situations, however, the center may serve a needed purpose.
“Each case is different,” Monteiro said. “If a parent of an autistic child feels it’s the only [solution], we tell them about the other options.”

rschuler@tauntongazette.com

A letter urging constituents to support bills for “the humane treatment of disabled persons” and against therapies such as electric skin shock has been signed by:
The Arc of Massachusetts, the American Civil Liberties Union of Massachusetts, Center for Public Presentation, Federation for Children with Special Needs, Doug Flutie Jr. Foundation, Coalition for the Legal Rights of People with Disabilities, Massachusetts Developmental Disabilities Council, Autism National Committee, Central Massachusetts Families Organizing for Change, Autism Alliance of MetroWest, Disability Policy Consortium, Disability Law Center, Community Resources for People with Autism, Massachusetts Office on Disability, TASH New England, Massachusetts Advocates Standing Strong, Advocates for Autism in Massachusetts and Massachusetts Mental Health Legal Advisors Committee.

©The Taunton Gazette 2006

School for Autistic Moving to Andover

Boston Globe

By Dan Tuohy, Globe Correspondent – August 31, 2006

School for Autistic Moving to Andover

Officials at a school for autistic children plan to move the institution from Woburn to Andover in about two months, capping a three-year journey fraught with development obstacles and cost overruns.

Melmark New England plans to install a septic system rather than hook into a town sewer line, an issue that had complicated the $4.4 million renovation of the former Christian Formation Center on River Road in Andover.

School officials intend to continue discussions with the Andover Board of Selectmen about connecting to the sewer system sometime in the future, said chief operating officer Peter Troy. He said the septic system was the best choice, despite the cost, because the board turned down an intermunicipal agreement with Tewksbury and Lowell that would have paved the way for the sewer-system hookup. Voters at a previous Andover Town Meeting gave the sewer tie-in their approval.

Facing their own deadlines and goals to better serve students, school officials pursued the septic system alternative in the plans they filed in the spring.

“We’re hoping to be in the building by November,” Troy said.

Installing the septic system adds at least $150,000 to the project cost, according to Troy’s estimate, making the already difficult task of private fund-raising that much tougher. The school raised $145,000 with a golf tournament and benefit last month at the Andover Country Club, and it continues to seek sponsorships.

The renovation also includes a fire-sprinkler system, a new heating and ventilation system, and construction of classrooms. The 66,000-square-foot building is at 459 River Road, not far from Interstate 93 in the northwestern corner of Andover.

The Planning Board approved the site plan in June after Melmark New England chose to seek the septic system, at least as a short-term solution. The intermunicipal agreement involved the other two communities because the tie-in would have connected to Tewksbury’s sewer system, which pumps sewage to Lowell for treatment at its waste-water-treatment plant. Litigation involving a different developer on River Road — unrelated to Melmark — also influenced the school’s project timetable.

“It took on a life of its own when the utilities came into play,” said Paul Materazzo, Andover’s director of planning.

The private, nonprofit school, currently located in an office park in Woburn, operates year-round with an enrollment of 77. The move to Andover will allow for an enrollment of about 108.

An additional benefit is that children will be in a campus setting, complete with an outdoor playground, according to school officials.

Melmark New England was established in 1998. In addition to its students, whose ages range from 4 to 21, the school performs consultations with local public schools. Troy estimated 300 more children are served in their public schools, which span the Merrimack Valley.

Melmark New England serves students from two dozen communities and provides outreach to an additional 40 communities, said Rita Gardner, the school’s executive director.

The recent golf outing and reception, at which political heavyweights were well in attendance, helped raise money as well as public awareness. “Autism is a huge public health issue at this point,” Gardner said.

Autism, a complex developmental disability, is diagnosed in one in 166 people, according to Autism Speaks, a group founded to help find a cure. That incidence rate makes it more common than pediatric cancer, diabetes, and AIDS combined.

The rate is a tenfold increase over the past 20 years, said state Representative Barbara A. L’Italien , an Andover Democrat. In Massachusetts, she said, the conservative estimate is that 10,000 children have autism.

L’Italien has added $4 million to the state budget in the past two years to establish the state’s first division of autism. The goals are to help identify and educate children with autism, and to prevent the affliction. In each of the past two years, $200,000 has been earmarked for Melmark New England to allow the school’s experts to help educators in public schools.

L’Italien said: “I would put Melmark in the vanguard of what is being done for children with autism in Massachusetts.”

Local Schools Get Big Boost in State Aid

Published: July 01, 2006 12:00 am

Local schools get big boost in state aid

Eagle-Tribune

BOSTON – Lawmakers have approved a plan to increase aid to schools statewide by $216 million, including big increases for local districts struggling with tight budgets.

The House and Senate yesterday sent the governor a $25.7 billion budget that calls for the education funding increase.

Locally, Andover’s aid jumps 17 percent, while North Andover’s is up 13 percent compared with fiscal 2006 – both outpacing the statewide average of 7 percent.

This budget, lawmakers said, brings local communities only part of the way back from cuts in state money in past years.

“It was a step in the right direction,” said Rep. Harriett Stanley, D-West Newbury. “We didn’t move as far or as fast as I wanted but we did move – $216 million (more) is a very good chunk in this fiscal environment.”

Gov. Mitt Romney can approve or veto the school aid increase. If he vetoes it, the Legislature’s overwhelming support of the aid means it has the votes to override the veto.

Rep. Barbara L’Italien, D-Andover, said her town, which was basing its budget on the governor’s earlier smaller proposed increase, can now avoid a Proposition 21/2 override.

The governor had proposed increasing aid to schools across the state by $164 million.

Still, the Legislature’s budget did not return all school districts to where they were before the deep cuts. North Andover, L’Italien said, is still shy of the $4.7 million it got in fiscal 2002.

Andover and North Andover saw their education assistance fall by 20 percent in fiscal 2002 as the recession forced dramatic state spending cuts.

The Legislature’s plan calls for Massachusetts to spend $3.5 billion on Chapter 70 aid to communities for kindergarten through grade 12. Under the plan, all Massachusetts school districts received an increase in state money for fiscal year 2007, which begins today.

Rep. Anthony Verga, D-Gloucester, said his city’s 4 percent increase should curb talks of school layoffs.

But like many of his colleagues, he pointed out that to cities and towns that absorbed deep cuts for years, one year’s increase won’t solve all the local school district’s problems.

“There’s never enough money,” Verga said.

Under a new funding formula, the Legislature voted to weigh property values and income equally when determining aid, a move aimed at helping communities where home prices outstripped pay.

The budget plan also calls for the state to pay an increasingly larger share of education expenses over the next five years.

Although the formula changes were meant to ease funding differences between cities and suburbs, North of Boston communities still saw gains.

The budget ensured that urban communities like Lawrence, with its school district and a regional school, saw substantial boosts in aid under the new formula. Lawrence received a $6 million increase in aid, while Greater Lawrence Technical School aid increased by more than $3 million.

Haverhill’s aid increased slightly more than $1 million.

Sen. Bruce Tarr, R-Gloucester, said the Legislature needs to continue to adjust the formula so that aid will return to the fiscal 2002 high-water level.

Over the long term, the question to many lawmakers is whether this year’s increase will be a one-year bump or a sustained rise.

“Can we sustain the funding if the economy slows and we don’t get continued revenue growth?” said Rep. Michael Costello, D-Newburyport.

Sen. Steven Baddour, D-Methuen, was confident the economy would remain strong enough to meet obligations he said were not outrageous.

“It’s not like we’ve gone hog wild,” Baddour said.

CHART IS IN MILLION OF DOLLARS

City/Town %FY07FY06

Amesbury%$8.53%$8.46

Andover%$6.11%$5.24

Beverly%$6.61%$6.49

Boxford%$1.54%$1.49

Danvers%$3.96%$3.75

Georgetown%$4.07%$3.43

Gloucester%$5.68%5.45

Haverhill%$33.06%$31.98

Ipswich%$2.23%$2.07

Lawrence%$123.09%$117.30

Marblehead%$3.99%$3.63

Methuen%$33.23%$30.47

Middleton%$1.33%$1.07

Newburyport%$3.09%$2.91

North Andover%$4.65%$4.13

North Reading%$4.92%$3.78

Peabody%$19.29%$18.73

Rockport%$1.244%$1.19

Salem%$11.65%$10.53

Swampscott%$2.25%$2.05

Topsfield%$.947%$.663

Regional Schools

Essex Agricultural%$3.88%3.69

Greater Lawrence%$20.45%$17.351

Hamilton-Wenham%$3.27%$3.16

Manchester Essex%$1.51%$1.38

Masconomet%$4.77%$4.41

North Shore Regional Tech.%$1.58%$1.44

Pentucket%$13.10%$12.36

Triton%$8.30%$7.79

Whittier%$5.03%$4.83

New Autism Education Law Enacted

New Autism Education Law Enacted

By Ann Guay,

Arc Govt. Affairs Committee & AFAM

steering committee:

Governor Romney signed H. 1123, An Act to Address the Special Education Needs of Children with Autism Spectrum, into law on April 7. This new law, which was introduced by Rep. Barbara L’Italien, represents an important victory for the Commonwealth’s children with Autism Spectrum Disorder. As the mother of a child with autism who is also a non-practicing attorney, I thought it was important to address what I believe to be the critical importance of this bill for the Commonwealth’s children with ASD. Currently, I am a volunteer advocate at Massachusetts Advocates for Children working on the Children’s  Autism Medicaid Waiver. On September 21, 2005, parent Laurel Collins and I testified before the Joint Education Committee Special Education. H. 1123 (now Chapter 57 of the Acts of 2006) requires an IEP team to consider and “specifically address” a full range of educational needs for children resulting from Autism Spectrum Disorder, specifically including: verbal and non-verbal communication needs; the need to develop social interaction skills and proficiencies; needs resulting from a child’s unusual responses to sensory experiences; needs resulting from a change in routines; needs resulting from engagements in repetitive and stereotypical movements; behavioral needs; and any other needs resulting from the child’s autism that impact the child’s progress in the general curriculum including social and emotional development. H. 1123 gives teeth to parents developing an IEP for a child on the autism spectrum to help ensure that the IEP team not only considers, but also fully addresses the specified needs resulting from ASD. The bill creates a clear legal obligation on the TEAM to address how autism impacts the child’s educational experience. Thus, it will no longer be up to an individual parent or teacher to have to try and convince the team to address each of the complex communication, sensory, social and other listed needs that are known to result from having a disability on the autism spectrum. Of course the Team will still have to determine how to address a particular child’s unique needs, but the Team must affirmatively address each of the child’s unique needs in all of the specified areas. Creating this clear affirmative obligation has great legal import. (Note: These new protections for children with ASD are similar to the protections in federal law for children who are blind/visually impaired or deaf/hard of hearing, requiring IEP Teams to consider special factors.) Granted, some parents may find that all of these areas are addressed in IEP meetings already. This of course may be true for some children, but we know it is not true for all. Others of you may feel frustrated from your experience where school districts do not comply with protections that are written into current laws. We know compliance with laws as they are written is a very real frustration. This law will help to ensure children receive equal educational opportunities, but we must be vigilant to be sure this new law is implemented and enforced in a manner which fulfills the intent–to provide safeguards and help ensure that IEPs fully address the complex learning needs that are known to result from autism spectrum disorder.

Signing of Autism Bill

Representative Barbara L’Italien (D-Andover) today announced the signing of House 1123 – An Act to Address the Special Education Needs of Children with Autism Spectrum Disorder. The L’Italien sponsored bill was passed by the House of Representatives and Senate in late March and signed by the Governor on April 7^th becoming Chapter 57 of the Acts of 2006.

This bill ensures that IEP Teams for children diagnosed with Autism Spectrum Disorder consider and address the complex communication, behavioral, social, emotional, sensory, and other academic needs that are know to be associated with autism. The bill specifically requires IEP Teams to consider the following areas for children with ASD:

• Verbal and non-verbal communication needs;
• The need to develop social interaction skills and proficiencies;
• Unusual responses to sensory experiences;
• The needs resulting from the child’s resistance to environmental and routine changes;
• The needs resulting from the child’s engagement in repetitive activities and stereotypical movements;
• The need for behavioral interventions, strategies, and supports; and
• Other needs that result from ASD that impact the child’s progress in the regular education curriculum.

Autism is the most widely diagnosed developmental disability in the nation, affecting 1 in 166 children, a ten-fold increase over the past 20 years. It is more common than the sum of all childhood cancers, muscular dystrophy, juvenile diabetes and cystic fibrosis combined. Every day, 66 children are diagnosed with autism…nearly 3 per hour.