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The U.S. Department of Education released today Analysis of State Bullying Laws and Policies, a new report summarizing current approaches in the 46 states with anti-bullying laws and the 41 states that have created anti-bullying policies as models for schools. The report shows the prevalence of state efforts to combat bullying over the last several years. From 1999 to 2010, more than 120 bills were enacted by state legislatures from across the country to either introduce or amend statutes that address bullying and related behaviors in schools. Twenty-one new bills were enacted in 2010 and eight additional bills were signed into law through April 30, 2011. Out of the 46 states with anti-bullying laws in place, 36 have provisions that prohibit cyber bullying and 13 have statutes that grant schools the authority to address off-campus behavior that creates a hostile school environment. "Every state should have effective bullying prevention efforts in place to protect children inside and outside of school," said U.S. Secretary of Education Arne Duncan. "This report reveals that while most states have enacted legislation around this important issue, a great deal of work remains to ensure adults are doing everything possible to keep our kids safe."

Click here to register for this webinar What: This presentation examines how students who are at greater risk for suspension, expulsion and referral to the juvenile justice system because of behaviors associated with their disabilities, are targeted by school push-out policies and practices that systemically exclude these most vulnerable students from school and deny them their education. Our presenters will describe the array of such policies and practices - retention, academic sanctions, ineffective interventions, including those used for bullying and harassment, abusive use of zero tolerance, criminalization of disability related behavior and referral to law enforcement. Presenters will also identify and discuss concrete strategies for parents and advocates to use to help students protect their rights to remain in school and receive a high quality education. Time is provided for questions from participants. When: 12:00 pm - 1:30 pm MT

What: This presentation examines how students who are at greater risk for suspension, expulsion and referral to the juvenile justice system because of behaviors associated with their disabilities, are targeted by school push-out policies and practices that systemically exclude these most vulnerable students from school and deny them their education. Our presenters will describe the array of such policies and practices - retention, academic sanctions, ineffective interventions, including those used for bullying and harassment, abusive use of zero tolerance, criminalization of disability related behavior and referral to law enforcement. Presenters will also identify and discuss concrete strategies for parents and advocates to use to help students protect their rights to remain in school and receive a high quality education. Time is provided for questions from participants. When: 12:00 pm - 1:30 pm MT

Click here to register!What:The Autistic Self Advocacy Network, in conjunction with the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, the Harvard Law Project on Disability and the UNESCO Bioethics Chair American Unit, is proud to invite you, to join us on December 10th for a Symposium on Ethical, Legal and Social Implications of Autism Research at Harvard Law School. The free event will run from 9 AM to 3 PM at the Harvard Law School campus, Hauser Hall, Room 105. Topics covered will include prenatal testing, community participation in research methodologies, appropriate and inappropriate intervention goals and much more. This symposium will serve a unique role in shedding light on ethics and values issues within the autism research community. By bringing together self-advocate and researcher participants, we hope this will serve as a starting point for meaningful dialogue between those conducting research on autism and the community of Autistic adults and youth. Confirmed participants include Administration on Developmental Disabilities Commissioner Sharon Lewis, ASAN President and IACC Public Member Ari Ne'eman, National Institute on Child Health and Human Developmental Director Alan Guttmacher, Harvard Law Professor Michael Stein, Paula Durbin-Westby, Emily Titon, Liz Pellicano, David Rose and many more.   This event is open to the general public without charge and is made possible by a grant from the Administration on Developmental Disabilities.When:Saturday December 10, 2011 9:00 AM to 3:00 PM ESTWhere: Harvard Law School, Hauser Hall Room 1051563 Massachusetts AvenueCambridge, MA 02138 Contact: Ari Ne'eman Autistic Self Advocacy Network 202.596.1056 info@autisticadvocacy.org

You can begin registration here! What:Participate in this webinar to hear Reece Peterson, Joe Ryan, and Michael Rozalski discuss the latest information on the legislative, policy, and practice issues concerning restraint and seclusion. Federal legislation is pending that, if passed, will regulate the use of physical restraint and seclusion in school settings. The webinar will also provide an overview of the content that will be covered in more detail in the strand on restraint and seclusion at the CEC Convention & Expo in Denver in April.Federal legislation is pending that, if passed, would regulate the use of physical restraint and seclusion procedures for students in school settings. This webinar will discuss the legislative, policy, and practice issues that have arisen because of the deaths and injuries of students due to these procedures. The webinar will provide an overview of the content that will be covered in more detail during the strand on restraint and seclusion at the CEC Convention & Expo in April 2012. Participants will be able to: Identify current laws, policies, and guidelines governing the use of physical restraint and seclusion procedures in school settings. Understand the lack of knowledge in many schools of the underlying ethical and moral problems and the role the media may play in covering abusive incidents. Identify recommendations for “best practice” in using these procedures, including training needs and the use of prevention and de-escalation strategies. When:March 8, 20122:00 pm - 3:00 pm MTContact:CECPhone: 888-232-7733   TTY: 866-915-5000

George H. Nofer Scholarship for Law and Public Policy

The George H. Nofer Scholarship for Law and Public Policy is for full-time graduate students with a moderate to profound hearing loss who are attending accredited law school or a masters or doctoral program in public policy or public administration.

Top Things to Know for Families with ChildrenYouTube embedded video: http://www.youtube-nocookie.com/embed/7BSJmEggpnYInsurance companies can no longer impose lifetime dollar limits on essential coverage limitsJob-based health plans and new individual plans are no longer allowed to deny or exclude coverage for your children (under age 19) based on a pre-existing condition, including a disability. Starting in 2014, these same plans won't be allowed to deny or exclude anyone or charge more for a pre-existing condition including a disability.Parents have new options to cover their children. If your children are under age 26, you can generally insure them if your policy allows for dependent coverage. The only exception is if you have an existing job-based plan, and your children can get their own job-based coverage.An Affordable Insurance Exchange is a new marketplace where individuals and small businesses can buy affordable health benefit plans. Exchanges will offer you a choice of plans that meet certain benefits and cost standards. Starting in 2014, members of Congress will be getting their health care insurance through Exchanges, and you will be able buy your insurance through Exchanges, too.Pregnancy and newborn care, along with vision and dental coverage for children, will be covered in all Exchange plans and new plans sold to individuals and small businesses, starting in 2014.In 2014, if your income is less than the equivalent of about $88,000 for a family of four today, and your job doesn’t offer affordable coverage, you may get tax credits to help pay for insurance.

Today, the Department posted a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools: http://www.ed.gov/policy/seclusion/seclusion-state-summary.html. The summary is a result of U.S. Secretary of Education Arne Duncan’s letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. Since August, the Department’s regional Comprehensive Centers have researched and compiled information on state-by-state restraint and seclusion techniques.

A little remarked upon requirement in the health law expands treatments for people with cerebral palsy, autism and other developmental disabilities. But some advocates and policy experts are concerned that insurers may find ways to sidestep the new requirement. The health law requires that individual and small group plans sold on or off the health insurance marketplaces cover 10 essential health benefits, including “rehabilitative and habilitative services and devices.”

The U.S. Department of Education (ED), in collaboration with the U.S. Department of Justice (DOJ), today released a school discipline guidance package that will assist states, districts and schools in developing practices and strategies to enhance school climate, and ensure those policies and practices comply with federal law. Even though incidents of school violence have decreased overall, too many schools are still struggling to create positive, safe environments. Schools can improve safety by making sure that climates are welcoming and that responses to misbehavior are fair, non-discriminatory and effective. Each year, significant numbers of students miss class due to suspensions and expulsions—even for minor infractions of school rules—and students of color and with disabilities are disproportionately impacted. The guidance package provides resources for creating safe and positive school climates, which are essential for boosting student academic success and closing achievement gaps.

What: Today, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance through Dear Colleague Letters to elementary and secondary schools and institutions of higher education along with a Frequently Asked Questions document on the legal obligation to provide students with disabilities an equal opportunity to enjoy the benefits of technology. This guidance is a critical step in the Department’s ongoing efforts to ensure that students with disabilities receive equal access to the educational benefits and services provided by their schools, colleges and universities. All students, including those with disabilities, must have the tools needed to obtain a world-class education that prepares them for success in college and careers. Today’s guidance provides information to schools about their responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The guidance supplements a June 2010 letter issued jointly by OCR and the Civil Rights Division of the U.S. Department of Justice. The June letter explains that technological devices must be accessible to students with disabilities, including students who are blind or have low vision, unless the benefits of the technology are provided equally through other means. Today’s guidance highlights what educational institutions need to know and take into consideration in order to ensure that students with disabilities enjoy equal access when information and resources are provided through technology. “Technology can be a critical investment in enhancing educational opportunities for all students,” said Russlynn Ali, assistant secretary for civil rights. “The Department is firmly committed to ensuring that schools provide students with disabilities equal access to the benefits of technological advances.” Today’s guidance is part of a larger effort by the Department and Obama administration to better serve the needs of people with disabilities. Last month, U.S. Secretary of Education Arne Duncan joined Kareem Dale, associate director for the White House Office of Public Engagement and special assistant to the President for disability policy, for a conference call with stakeholders to talk about some of the Department’s efforts. During the call, Duncan discussed the Department’s commitment to maintaining accountability in No Child Left Behind for all subgroups, including students with disabilities, and highlighted the Department’s proposal to increase funding for students with disabilities in the fiscal year 2012 budget. Ali will also join Dale for a stakeholder conference call where she will discuss today’s guidance and address the Department’s work to ensure that all schools are fulfilling their responsibilities under the federal disability laws that OCR enforces.

Education Secretary Arne Duncan plans to announce Monday that his agency is ramping up enforcement of civil rights laws in schools and colleges, a move that seeks to draw a contrast with the policies of his Republican predecessors.

Child care providers encounter unique challenges when implementing the ADA at their centers. The Rocky Mountain ADA Center has developed Child Care resources to assist providers with understanding rights and responsibilities under the law, as well as resources for parent’s rights.  Topics include service animals, medication administration, diapering policies, equal employment opportunities, accessibility and much more.  If you are a child care provider, contact the ADA Center at adainfo@adainformation.org or call (800) 949-4232, for a free packet of information, which includes a refrigerator-sized magnetic erase board and pen.  Check out the Child Care and the ADA website !  http://www.adainformation.org/ChildCare.aspx

The U.S. Department of Labor’s Wage and Hour Division has issued a new Administrator Interpretation that expands the Family and Medical Leave Act’s (FMLA) current language to include adult children who are unable to care for themselves because of a mental or physical disability and whose disabilities occurred before or after the age of 18. The previous interpretation of the law was unclear as it applied to adult children with disabilities. This Interpretation also clarifies FMLA-protected leave for a parent is not dependent on the age of the adult child and the onset of their disability, and broadens the definition of “disability” to reflect the Americans with Disabilities Act Amendments Act (ADAAA). Ultimately, this Interpretation means that more parents will be able to take FMLA- protected leave from their jobs to care for their adult children with disabilities.

Modernizing Public Benefits Programs:  What the Law Says State Agencies Must do to Serve People with Disabilities.  The pamphlet, adapted from NCLEJ materials, discusses the legal obligation to make agency websites accessible to people with disabilities, to make any online application forms and process accessible, to modify agency policies and practices when necessary to ensure accessibility, to ensure that telephone communication with individuals with disabilities is effective, and to use automated phone systems that are accessible to and usable by people with disabilities.

Parents and students with disabilities aren't as involved in the process of mapping out their goals with schools as much as they should be, although federal law intends for parents and school staff to work together on these plans, a new study finds. The study, published this month online in the Journal of Disability Policy Studies, found that participation in IEP (Individualized Education Program) meetings varied based on the type of disability a student has, their family income, and their racial or ethnic background. Parents of students who had demonstrated "challenging" behavior at school, or who had poor social skills, reported they found meetings about their IEPs or transition from high school to college or work less than satisfactory, the authors found.

For the first time in IDEA’s nearly 40-year history, the U.S. Department of Education has included the performance of students with disabilities on state and NAEP assessments as part of determining how states are implementing IDEA.  And the results are humbling. 35 states and the District of Columbia were found to “need assistance” or “need intervention” after outcome data was combined with compliance measures that demonstrate adherence to the law. To be clear, the overwhelming majority of states “meet requirements” when just looking at compliance with IDEA, in fact only 9 were deemed as “needs assistance”. 

The Individuals with Disabilities Education Act (IDEA) has been widely celebrated for providing millions of disabled children with broader educational and life opportunities. This Note seeks to improve the implementation of the IDEA by questioning one of its key assumptions: that parents possess the tools to advocate for their children in special education matters. This Note argues that many parents need assistance to achieve optimal outcomes for their children because of the complexity of both the disabilities involved and the formal rules of the system itself. Several policy options are considered in the hope that local educational agencies will implement pilot programs to further explore the issue of external advocacy in special education.