Article about College and Intellectual Disabilities

A great article can be found here about a student with Down Syndrome going to college. There is much information included about new legislation helping young adults with disabilities go on to higher education.

Higher Education Law

A newly reauthorized federal law should improve opportunities for students with disabilities heading off to college. Signed into law on August 14, 2008, the Higher Education Opportunity Act of 2008 impacts students in several ways:

• *The law establishes a national center to provide support services and best practices for colleges, students, and their families.
• *It will help colleges recruit, retain and graduate students with disabilities and improve materials and facilities.
• * It will expand the eligibility for Pell Grants and other need-based aid to students with intellectual disabilities. This will include work study programs.

Around 130 colleges and universities nationwide offer programs for students with intellectual disabilities. You can find out more about these services and where to find them at www.thinkcollege.net.

ADA Amendments Act of 2008

The ADA Amendments Act of 2008 was signed into law in September 2008. It took effect Jan. 1, 2009. The new legislation restores the U.S. Congress' original intent to the ADA of 1990 and broadens protections against employment discrimination for those with disabilities.

The new law overturns the U.S. Supreme Court decisions that reduced the protections for a certain portion of people with disabilities (including those with mental disabilities) who were intended to be covered by the ADA.

You can learn more about this legislation at the US Equal Opportunity Commission website.

Federal Law Ensures Equal Coverage for Mental Health Care

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 was signed into law on October 3, 2008. This new federal law will help end unequal coverage of the treatment of mental health care by most health insurance plans. The law applies to health plans covering more than 50 people. It is estimated that the new legislation will improve coverage for around 113 million Americans.

While the law does NOT require group plans to cover mental health treatment, it does state that if the plan covers mental illness, the coverage must be comparable to other medical coverage. Co-payments should be the same and there should be no higher deductibles or any higher expenses out of pocket for mental health services than for those for physical health services.

If you have any questions about how the new legislation will affect you and your insurance, call your insurance representative for details.

Revoking consent: changes in IDEA

As of Dec. 31, 2008, changes went into effect for the new regulations of the federal IDEA Act. There is a change that could be of big importance to parents.

The change is giving parents the right to revoke consent for special education and related services. This new regulation means that parents are now allowed to revoke their consent for special education and related services and that the school district must comply with the parent's request and immediately remove the child from special education. The school is NOT able to challenge the parent's decision through mediation or through due process. Parents, on the other hand, must give written consent to stop special education and related services. The school district must give prior written notice, detailing the changes in placement and services before the services are discontinued.

When removing a child from special education, parents should know:

• * that school is not required to remove references to special education from the child's records after they have been removed from special education
• * that the child will no longer have rights under IDEA and will be required to meet all state requirements for graduation
• * the child will be expected to follow all the discipline policies of his school/district
• * that if the child is removed from special education, the parent may, at any time, request an evaluation from the school. It will be considered an initial evaluation.

New White House Policy on disabilites

President Obama has put out his agenda for improving the lives of people with disabilities.

The plan has four parts, designed to provide lifelong support and resources to Americans with disabilities. They are as follows:

First, provide Americans with disabilities with the educational opportunities they need to succeed by funding the Individuals with Disabilities Education Act, supporting early intervention for children with disabilities and universal screening, improving college opportunities for high school graduates with disabilities, and making college more affordable. Obama and Biden will also authorize a comprehensive study of students with disabilities and issues relating to transition to work and higher education.

Second, end discrimination and promote equal opportunity by restoring the Americans with Disabilities Act, increasing funding for enforcement, supporting the Genetic Information Nondiscrimination Act, ensuring affordable, accessible health care for all and improving mental health care.

Third, increase the employment rate of workers with disabilities by effectively implementing regulations that require the federal government and its contractors to employ people with disabilities, providing private-sector employers with resources to accommodate employees with disabilities, and encouraging those employers to use existing tax benefits to hire more workers with disabilities and supporting small businesses owned by people with disabilities.

And fourth, support independent, community-based living for Americans with disabilities by enforcing the Community Choice Act, which would allow Americans with significant disabilities the choice of living in their community rather than having to live in a nursing home or other institution, creating a voluntary, budget-neutral national insurance program to help adults who have or develop functional disabilities to remain independent and in their communities, and streamline the Social Security approval process .

Autism

President Obama and Vice President Biden are committed to supporting Americans with Autism Spectrum Disorders (“ASD”), their families, and their communities. There are a few key elements to their support, which are as follows:

• First, President Obama and Vice President Biden support increased funding for autism research, treatment, screenings, public awareness, and support services. There must be research of the treatments for, and the causes of, ASD.
• Second, President Obama and Vice President Biden support improving life-long services for people with ASD for treatments, interventions and services for both children and adults with ASD.
• Third, President Obama and Vice President Biden support funding the Combating Autism Act and working with Congress, parents and ASD experts to determine how to further improve federal and state programs for ASD.
• Fourth, President Obama and Vice President Biden support universal screening of all infants and re-screening for all two-year-olds, the age at which some conditions, including ASD, begin to appear. These screenings will be safe and secure, and available for every American that wants them. Screening is essential so that disabilities can be identified early enough for those children and families to get the supports and services they need.