Monday Quick Hits: Hot Policy Topics for This Week

North Carolina:

The interim continues at the General Assembly but as you will see in the next few weeks there are many committee meetings that will be happening.

Quick reminder, these committees do produce policy that we will see during the short session.

So this week we have the following on the calendar:

Monday, October 26, 2009
10:00 AM Child Fatality Taskforce - Unintentional Death Committee 1027/1128 LB

Tuesday, October 27, 2009
10:00 AM Poverty Reduction and Economic Recovery Study Commission 643 LOB

Wednesday, October 28, 2009
10:00 AM House Select Committee on High Speed Internet in Rural Areas 605 LOB

A bit of extra information on the Poverty Reduction and Economic Recovery Study Commission. Currently our state is witnessing major job losses in the area of health services. Many of these job losses are directly tied to the current state budget cuts. The members of this commission need to look at not only national data but at the realty of our state's budget cuts on creating a slower economic recovery in our state.

Hill Report: Senate Passes Hate Crimes Bill That Provides for Disability-Awaiting Obama's Signature

Yesterday the U.S. Senate by a vote of 68-29 passed the Defense Authorization bill.  Included in the defense authorization bill was the Matthew Shepard Hate Crimes bill.  This bill expanded the categories protected by federal hate crimes legislation to include people with disabilities. In addition language in the bill also extends protections to crimes that are motivated by a persons gender, sexual orientation, or gender identity.

Read more at Disability Scoop.

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS

Tomorrow legislative members of the Joint Legislative Oversight Committee for Mental Health, Developmental Disabilities, and Substance Abuse Services will return to Raleigh for their second meeting of the interim.

The severity of the budget cuts is being felt in every corner of our state. This is a crisis of historical proportions. Families are receiving the word that their children's support services will be cut drastically or eliminated completely. Providers across the state are facing massive lay offs of employees and in some cases they are closing their doors completely. Families already struggling during this tough economic downturn are being plunged into emotional and further economic distress. 

We are calling on our leadership to act as if this is a natural disaster. We are calling on our leaders to take action now and not wait for the start of short session.

We need you to join this effort! If you are in Raleigh tomorrow or if you can plan to be in Raleigh tomorrow, we need you to attend the Legislative Oversight Committee meeting.

Here are the details:

Joint Legislative Oversight Committee Meeting MH/DD/SAS

10:00 AM    Legislative Office Building Room 643.

Here is the agenda:

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions  10:00

II. Secretary’s Remarks

III. Reduction in Level III and IV Residential Facilities
-DHHS Presentation
-LME Perspective

IV. Status of CAP-MR/DD Supports Waiver

V. Report on Community Supports – Follow-up from September Meeting

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie

 
VII. Funding for Former Thomas S. Class Members

VIII. Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease

IX. Final Remarks and Adjournment                            3:30-4:00 

NCGA: Agenda for Legislative Oversight Committee MH/DD/SA

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions 10:00

II. Secretary’s Remarks

III. Reduction in Level III and IV Residential Facilities
-DHHS Presentation
-LME Perspective

IV. Status of CAP-MR/DD Supports Waiver

V. Report on Community Supports – Follow-up from September Meeting

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie

 
VII. Funding for Former Thomas S. Class Members

VIII. Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease

IX. Final Remarks and Adjournment                            3:30-4:00

Hill Report: US House Passes Hate Crimes Bill That Provides for Disability

The US House of Representatives voted yesterday to extend the protections of the four decades old hate crimes law to people with disabilities.

Reuters is reporting that the vote in the House was 249 in favor to 175 opposed. The bill will broaden the law by extending "hate crimes" to mean "those attacks based on a victim's sexual orientation, gender identity or mental or physical disability".

The legislation will now move to the Senate where it is expected to see little opposition.

This is a long time coming and it has not been easy. Previous attempts were blocked by President George W. Bush. 

Read More: Reuters , US House, and Disability Scoop.

NCGA: Agenda for Legislative Oversight Committee MH/DD/SA

Today we received the agenda for the upcoming Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The current service dollar cuts are destroying our community. We need you to make your presence known at this meeting. If you are in town please plan to attend and if you can drive in please do so. 

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

 

AGENDA

 

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

 

I.         Introductions	10:00
II.      Secretary’s Remarks
III. Reduction in Level III and IV Residential Facilities -DHHS Presentation -LME Perspective
IV. Status of CAP-MR/DD Supports Waiver
V.  Report on Community Supports – Follow-up from September Meeting
Lunch	12:30-1:30
VI.   Child Mental Health Project – Sarah Sabornie
VII.     Funding for Former Thomas S. Class Members
VIII.Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease
IX.     Final Remarks and Adjournment	3:30-4:00

 

News: Disability History and Awareness Month

October is Disability History and Awareness Month in North Carolina and Disability Employment Month Nationally.

Today CNN ran a story on the dedication of a Helen Keller statue at the capitol building. Each state is able to have two statues at the capitol. Today Alabama will dedicate this new statue in honor of this great disability rights leader.

The article quotes Nancy Starnes, director of external affairs for the Washington-based National Organization on Disability.

"It's always good to realize how much of an impact people with disabilities have made on the history and landscape of our country. "I'm excited that they're going to be doing this. I think it's going to be a wonderful addition."

Read more at CNN.

Monday Quick Hits: Hot Policy Topics for This Week

Monday Quick Hits:

North Carolina:
Although this is a slow interim week at the General Assembly, we do want to give you a heads up on next week’s meetings.

Monday, October 12th
8:30am The JOBS Commission meets, 544 Legislative Office Building.
10:00am The Child Fatality Taskforce-Intentional Death Committee, 1027/1028 Legislative Building.

Tuesday, October 13th
8:30am The JOBS Commission meets, 544 Legislative Office Building.
1:00pm The Joint Legislative Education Oversight Committee meets, 544 Legislative Office Building.

Wednesday, October 14th
9:00am The Joint Legislative Education Oversight Committee meets, 544 Legislative Office Building.
10:00am The Joint Legislative Oversight Committee Mental Health, Developmental Disabilities, and Substance Abuse meets, 643 Legislative Office Building.

NCGA: Legislation You Can Use

This is the second in our series of "Legislation You Can Use". 

Legislation 2009- Information You Can Use

Parent Student Involvement Act
History:
On June 2, 2009 the governor signed this bill into law. This bill is meant to provide clear due process for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days.

What this law provides for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days:

This law requires local board to give written notice to the student’s parent or guardian by certified mail, telephone, telefax, e-mail, or any other method reasonably designed to achieve notice of the recommended expulsion or suspension.
This law defines “parent” as parent, guardian, caregiver, or other person legally responsible for the student.

Written notice will be provided to the student’s parent by the end of the workday during which the suspension/expulsion is recommended.

Written notice must include the following information at minimum:
(1) A description of the incident leading to the recommendation that the student be expelled or suspended for more than 10 days;
(2) The specific provisions of the student conduct policy or rule alleged to have been violated;
(3) The specific process by which the parent may request a hearing to contest the suspension for more than 10 days or expulsion, including the number of days within which the hearing must be requested;
(4) The process by which a hearing will be held, including, to the extent provided by law, the student's opportunity to examine evidence and present evidence, to confront and cross-examine witnesses supporting the charge, and to call witnesses to verify the student's version of the incident;
(5) The parent is permitted to retain an attorney to represent the student in the hearing process;
(6) The extent to which the local board policy permits the parent to have an advocate to accompany the student to assist in the presentation of his or her appeal instead of an attorney; and
(7) The parent has a right to review the student's educational records prior to the hearing.

What if my child receives specialized instruction under IDEA and is recommended for suspension/expulsion of more than ten (10) days?

When a child with a disability receives specialized instruction under IDEA and has an IEP,a suspension/expulsion of more than ten days is considered a change in placement. A student with an IEP has additional rights before the student may be suspended or expelled.
If there is a change in placement, the relevant members of the IEP team must conduct a manifestation determination review within 10 school days of the suspension. The team must decide if the behavior was caused by the student’s disability or by the school’s failure to follow the IEP. If one of these things caused the behavior, then the behavior is a manifestation of the student’s disability. If the behavior that caused the suspension/expulsion was a manifestation of the student’s disability then the suspension must end and the student must return to school. 

The IEP team must develop a Functional Behavior Assessment and Behavior Intervention Plan for the student.

If the behavior that caused the suspension/expulsion was not a manifestation of the student’s disability then the suspension/expulsion may stand. If the suspension/expulsion stands then the student must be provided FAPE during the suspension. The IEP team is not required to develop a Behavior Intervention Plan, but you can ask that one be developed anyway.

If the determination is that the student’s 10 day suspension/expulsion stands, you may still appeal the decision using the due process rules established by the Parent Student Involvement Act.  

What You Can Do To Make This Law Effective:
1. Make sure that your child’s IEP team is aware of the due process rights of your child under the IDEA and the Parent Student Involvement Act.
2. If your child has an IEP and is recommended for suspension/expulsion for more than ten days you need to know your rights. Make sure that your IEP team meets to address the recommendation for suspension/expulsion and conducts a manifestation determination review. Ask for a functional behavior assessment and behavior intervention plan.