Public Policy Update: Governor’s Budget, Education Scholarships, and Group Home Fix

 

 

 

The Autism Society of North Carolina advocates on public policy issues, monitors activities of the General Assembly and works to inform you about how these issue might affect people on the autism spectrum. If you have questions about these or other policy issues, please post your questions below or contact Jennifer Mahan, Director of Advocacy and Public Policy at 19-865-5068 or jmahan@autismsociety-nc.org. 

Governor Releases Budget Proposal

Governor Pat McCrory released his state budget proposal on March 20^th, in what will be the first step in a lengthy process to develop a state budget for the 2013-2015 biennium. Legislators had the opportunity to hear from the Governor’s budget staff March 21st about the proposal and to ask questions in a Joint Appropriations Committee meeting. The next step is for the NC Senate to develop their budget legislation, which does not need to be based on the governor’s proposal. More information on how the budget process works in North Carolina can be found at the end of the news article here.

The Governor’s budget overall maintains services and supports to individuals on the autism spectrum and those with other developmental disabilities; there are no major cuts to Medicaid and no major cuts to the Division of Mental Health, Developmental Disabilities and Substance Abuse Services.  Medicaid funding is increased to allow for growth in the number of people who will access the program due to changes with the Affordable care Act in 2014. A first reading of the 1300-page document reveals the biggest concerns for disability advocates to be:  1) a prior authorization requirement for obtaining mental health medications under Medicaid; in other states this has kept people with mental health conditions from getting needed medications and 2) the elimination of 3200 teacher assistants in 2^nd and 3^rd grades, and the lowering of the ratio of TAs to students in K-1, to pay for 1800 more teachers to address school enrollment growth.  Since many children with disabilities are now in mainstream classrooms, fewer teacher assistants in those grades could mean less assistance for kids with Individual Education Plans (IEPs) or 504 plans since teaching assistants often provide that additional support. Local school districts would have the flexibility to determine how those funds would be used, so it is not entirely clear what the impact of shifting those funds from TAs to teachers would be.

Education Scholarship for Students with Special Needs Would Replace Tax Credit

Representative Paul Stam, the original sponsor of the education tax credit for children with special needs, has introduced new legislation to change the tax credit into a scholarship program, House Bill 269.

This program is nearly identical to the tax credit program, assisting families who move their child with a significant disability out of the public school system and into a private or home school, with a few differences: 1) it would open the program to a wider array of income levels since it is not dependent on a family’s tax liability 2) it would grandfather into eligibility those currently eligible for the tax credit 3) it would include the provision that was intended to go into effect for the tax credit next year, requiring only one semester of public school in North Carolina to be eligible (the current criteria is two semesters) 4) it would be a set amount of money, $3000 per semester, unlike the variability of a tax credit.

The Autism Society of North Carolina worked to pass the tax credit bill and believes this bill is a positive change that will carry similar benefits to families and children as the previous law.

Since it uses scholarships, the new program would have a limited amount of funding, $3 million to start, so individuals would need to apply yearly for the funding (those currently getting a scholarship appear to have some priority in accessing the scholarships). However, given the above changes, we believe that the program will attract more families than the current tax credit since it is easier to use and available to all income levels. Rep. Stam intends for this program to be permanent, but of course the legislature cannot obligate future legislatures so there are no absolute guarantees.   Just like the tax credit, these scholarships would not be available to people who took their child with special needs out of public school prior to June of 2011 when the original tax credit bill passed. This will disappoint some parents who were hoping that legislation would eventually expand to include them – they have a good argument for more funding to support additional families and ASNC would continue to work with them to advocate for their position.  This is a good time to find an alternative to the tax credit as we expect major tax reforms are coming, either this year or next, and this tax credit could be lost.

ACTION: Please contact your North Carolina legislator and express your support for the scholarship program for children with special needs. If you believe the scholarship program would not cover your child due to limits in the eligibility criteria, state your belief that the program should be expanded to include your child.  NC House and NC Senate legislative voting districts changed this year, so you should check to see which district you are in and who currently represents you in the General Assembly on the new easy to use district map page.

Temporary Fix for Group Funding Problems Enacted

On March 6^th Governor Pat McCrory signed House Bill 5, Temporary Funding /Group Homes and Special Care Centers. This temporary fix to the Personal Care Services and group home crisis will allow group homes whose residents have been denied Personal Care Services to access special funding through June 30^th, 2013. This funding will keep the group homes operating and their residents cared for in the short-term. Governor McCrory, Speaker Thom Tillis, President Pro Tem Phil Berger, Senators Ralph Hise and Louis Pate, as well as Representatives Marilyn Avila, Justin Burr, Nelson Dollar, and all deserve thanks, along with the other bill sponsors and General Assembly members for their role in getting this bill passed quickly.

Since this is a temporary fix, the legislature must get a long-term fix in place before the temporary funding expires at the end of June. For the past several years, the intellectual and developmental disabilities (IDD) advocacy community, including the Autism Society of North Carolina, has been working on a proposal that serves as a long-term fix by allowing Medicaid funds to be used for support services in community settings using the “1915i option.” This “i” option offers an excellent opportunity to create a stable future for these individuals with IDD living in group homes, and thousands of others in other community settings.

Teaching Students with Asperger Syndrome for the First Time (Originally published July 28, 2005), By Dan Coulter

Dear Blog readers,

In our state we are fortunate to have many individuals on the autism spectrum and family members who are happy to share information and perspectives. Today we add Dan Coulter to our list of Blog contributors. Dan lives in Winston-Salem with his wife Julie. He is owner of Coulter Video, a company that produces videos for the autism community. – David Laxton

This article is a rerun that was originally published in 2005. With a new school year starting, it seemed appropriate to reprint this article designed to help teachers who will encounter their first students who have Asperger Syndrome. The article contains a few minor updates.

Hope this is helpful.

Dan

You’re a teacher. You’ve just found out that you’re going to have a student with Asperger Syndrome (AS) in class this year. You’re in for an interesting year. And that’s not coded language for “brace yourself.” It’s a real-life perspective that teaching a child with AS often gives you as many opportunities as challenges.

First, the nuts and bolts stuff. Asperger Syndrome is a neurobiological disorder on the higher functioning end of the autism spectrum. It’s an increasingly common diagnosis and many kids with AS are in regular school classes.

Kids with Asperger Syndrome can have a variety of symptoms and behaviors, but they generally have problems with social and communications skills. That’s only half the story, though. They also typically have IQs in the normal to very superior range. Asperger Syndrome has sometimes been described as “little professor” syndrome, because often kids with AS become walking encyclopedias about topics that interest them. And therein lies one of the biggest problems for these kids. Many look so normal and are so advanced in some ways that it’s hard for people to understand why one can’t read a teacher’s facial expression, or another has trouble making eye contact, or a third takes expressions literally and misses implied meanings.

It can be tough to fathom why a child who has an extensive vocabulary and knows the material you assign inside out can’t seem to hold a casual conversation with a classmate.

Here’s the good news. You can often build on that child’s strengths to help him modify his “out of the norm” behaviors and make a lot of positive contributions to your class.

That’s really the bottom line for you: finding ways to make the year a good experience for every child in the room, including the one with AS — and, of course, for you.

You can’t discount your needs in the process. So let’s make them a priority, too. First, you may want to learn a bit more about Asperger Syndrome. One of the most user-friendly sources is the http://www.aspennj.org website. It’s run by a non-profit “education network” with a lot of clear, easy to access information. Their “What Is Asperger Syndrome?” page is a great concise overview of AS. Your school counselors may also have information or may be able to put you in touch with other teachers who’ve had experience with AS.

Once you understand a bit about AS, a child’s parents often can help you understand how it affects him or her. You’re not asking them to tell you how to teach, you’re looking for accurate information that can help you determine ways to successfully direct and motivate their child. You and the parents may even be able to cooperate to identify behaviors a child needs to work on and reinforce them at home and at school.

For example, many kids with AS are impulsive. You may teach a student who loves class participation, but has trouble sensing when she should stop talking and give someone else a chance. You might work out some signals that only the two of you and her parents know (like putting your hand to your chin as if you’re considering what’s being said or walking to stand right in front of that student’s desk) that cue her it’s time to stop talking. If you have a student with AS who is especially eager to participate, you may want to routinely call on that student first or second, so he isn’t coming out of his chair in his eagerness to contribute.

Students with AS often need structure and respond best when they have clear, consistent direction. Some teachers find it works to post homework assignments in the same place every day. That could be on a blackboard, whiteboard, or bulletin board. It also helps to announce tests well in advance and routinely remind the class of the dates when longer term projects are due. Such techniques usually benefit the entire class.

There are lots of specific things you can do, but the most important thing is your approach. Your approach is the magic bullet that can help the entire class learn one of the lessons that matters most to all of us: how to accept and get along with a variety of people.

When I was in elementary school, we had a category on our report cards called, “citizenship.” There are all sorts of outside pressures that tear at the kind of behavior that got you an “A” is citizenship. TV commercials routinely encourage viewers to be greedy with their products. The message: if you want to be cool, keep the best stuff for yourself — people who care about other people are suckers. Commercials that target kids also talk a lot about having “attitude,” in a way that confuses confidence with arrogance and selfishness. Comedians casually toss around the word “retarded” as an insult.

Teachers can serve as a powerful role model to counteract these negative influences. Having a child with Asperger Syndrome in your class gives you the chance to show your students that people who have challenges can also have strengths. That in looking past someone’s quirks, you can find someone worth knowing. That life is richer if you don’t solely interact with kids who are like clones of yourself.

Academics can be a bridge. My son has Asperger Syndrome and was not sought after for teams on the playground. But back in class, kids would eagerly seek to get Drew on their academic teams because he routinely knew the right answers. That’s not to say every kid with AS is an academic whiz, but most have special interests and strengths.

The first signal to a class on how to treat a child with Asperger Syndrome often comes from the teacher. If students sense that a teacher is impatient and critical of an AS student’s behaviors, it’s like declaring open season to ignore or tease him — in and out of class. Approach that student with patience and respect, and you’ve set that tone for everyone else. It can mean the world to some kids with AS just to have other kids say, “Hello.”

One of the key issues you may face is helping a student tell the rest of the class about Asperger Syndrome. Whether or not to disclose a disability is a decision for the student and his parents. If they decide to tell the class, you can play an important role in treating Asperger Syndrome as just another one of those differences that we all have. In my experience, other kids are more likely to give a student who has some odd behaviors the benefit of the doubt if they know the reason.

A student might choose to talk with the class himself about AS, or his parents might make a presentation or bring in a psychologist or other expert. Some kids with AS want to be in the room for such a presentation and some don’t.

If you take part, here’s a tip I picked up. It’s a good idea to write “Asperger Syndrome” on the board and pronounce it for the class right off the bat. This makes it less likely that some comic in your class will hear the name as “Ass Burger” and have a field day with it. You might even mention that the condition is named after a Viennese doctor named Hans Asperger who identified the syndrome more than 50 years ago.

I find kids are interested to know that Dan Aykroyd from Saturday Night Live said in a National Public Radio interview that he has Asperger Syndrome. He said he’s obsessed with police work and carries a police badge with him wherever he goes. There’s a fair amount of speculation that people such as Thomas Jefferson, Albert Einstein, Wolfgang Amadeus Mozart, and Isaac Newton had AS. Even though no one can prove historical figures had the syndrome, I think it’s fair to note that these folks all had documented behaviors which are common to people with AS. The point is not to suggest that every kid with AS is a genius, but that people with AS can have a range of talents.

Having a kid with Asperger Syndrome in your class may be the greatest opportunity in your career to change a student’s life for the better. My son’s about to head off for his senior year of college, and my wife and I always enjoy getting the chance to visit with some of the great teachers he’s had along the way to let them know how he’s doing — and thank them.

Here’s thanking you for reading this article and for being interested in helping that student in your class who needs something extra to make it.

He’ll remember you.

ABOUT THE AUTHOR — Dan Coulter is the producer of the videos “ASPERGER SYNDROME: Success in the Mainstream Classroom” and “INTRICATE MINDS: Understanding Classmates with Asperger Syndrome.” You can find more articles on his website: http://www.coultervideo.com.

Copyright 2005 Dan Coulter All Rights Reserved Used By Permission

Tax Credits for Children with Disabilities: NC House Bill 344

 

[The Autism Society of North Carolina now has a comprehensive fact sheet on HB 344 Education Tax Credit for Children with Disabilities on its website here.]  

Thursday June 30^th 2011 House Bill 344 Tax Credits for Children with Disabilities  became law in North Carolina. Starting this year, families will be able to claim a tax credit for moving their child with a disability from a public school to a private school or home school setting. The Autism Society of North Carolina (ASNC) is already getting a lot of questions about the tax credit, how it will work and who will qualify.  If you have questions that are not answered in the post below, please add them in the comments or contact Jennifer Mahan, Director of Government Relations at ASNC, at jmahan@autismsociety-nc.org .  

Tax Credits for Children with Disabilities gives a $6,000 tax credit ($3,000 per semester) to families whose child with a disability moves from a public school to attending a private school or home school. To qualify for the credit, children must have been in a public school the previous two semesters or if in pre-school have been receiving special education services through the public school, have an individual education plan and have been receiving special education or related services on a daily basis.  Children must be re-evaluated by the public schools every three years to continue to qualify for the credit.  Children may qualify through high school, up to the age of 22; the credit does not count for college education.

In a unique arrangement, the legislation also establishes a special needs trust fund to be administered by the NC Department of Education to supplement funding for special education services in the public schools.   Since the amount of the tax credit is less than the average cost of educating a child with a disability in public schools, the tax credit saves the state of North Carolina money. Part of these savings will be retained by the special needs trust, part will go back to the state of NC’s general fund and part will be used to fund the tax credit.  

Because private schools are not required by law to provide educational services to children with disabilities, we urge parents to select private schools carefully. Make sure they understand your child’s unique needs and a ready to provide the support for them to be successful.  Some private schools are already working with children on the spectrum. Check with other parents to see what their experiences have been like.

 

Frequently Asked Questions:

Q: When can I start to claim this tax credit?

A: If the child moves to private school this fall semester, taxpayers can start to claim a one semester tax credit, the cost of tuition and/or special education  related services up to $3,000, when they do their 2011 taxes next year. In years following, the taxpayer can claim a credit based on the number of semesters the child attends private school in that tax year.

Q: Is the tax credit for any services for my child with a disability?

A: The tax credit is for education purposes; private school tuition costs and related educational services. It’s not a general child with a disability credit.

Q: Can I claim this credit on my taxes if my child is already in a private school or being home schooled?

A: Currently, to initially qualify for the credit, the child must have been in a public school for the previous two semesters.

Q:  Is there a list of schools where the tuition is close to the$ 6,000 credit?

A: Since the law just passed, we have not yet seen a list of schools where tuition is near $6,000. As we get this information, ASNC will do our best to share it with families.

Q: If another person, like a grandparent, is paying for my child’s tuition, can they claim the credit?

A: The person who claims the child as a dependent on their taxes must be the one to claim the tax credit.

Note: Please be sure to check with a tax professional if you have questions about the use of this or any other tax credit.

This Week at the NC General Assembly

Governor’s Budget Veto

On Sunday The Governor vetoed the state budget passed by the NC General Assembly. At this point, the NC Senate has enough majority votes to override a veto, and the NC House believes they also can override a veto if at least 4 of the 5 Democrats who voted for the budget also vote with the Republican majority to override.  The earliest that the House can take up the veto override is this Tuesday June 14.  As of Tuesday, the House has scheduled a vote for Wednesday June 15, but could take it up late Tuesday night.

Should the veto not be overridden, the Legislature would need to pass a continuing resolution to fund state government in the absence of a new budget for 2011-2013. It’s unclear if the Governor would have the authority to continue to operate state government without a resolution, and House and Senate Leaders expressed a reluctance to pass a resolution that would not include a significant cut to state government agencies, along the lines of the budget that they have already passed. No one wants to talk about government shutdown, but that is one of the possibilities should post-veto negotiations not go well and the Legislature adjourns without a budget or continuing resolution in place.  The Autism Society of North Carolina (ASNC)continues to follow this issue and will keep you updated on what happens.

House Bill 344 Moves to Senate

Tax Credits for Children with Disabilities, H 344, passed the House last week and will be heard in the Senate this week. As we have posted in previous updates, give a $6,000 tax credit to families whose child with a disability attends a private school. To qualify for the credit, children must have been in a public school the previous two semesters, have an IEP and be receiving special education services on a daily basis.  The Senate Education Committee will hear the bill sometime on Monday afternoon from 4:30 to 6:00 PM in Room 643. If the committee gives it a favorable report it will be re-referred to Senate Appropriations.  Because this may be one of the last weeks the legislature is in session, we expect that H344 will move quickly through the Senate.  ASNC supports this legislation and will be closely monitoring the bill as it moves through the Senate.

As of Tuesday night  June 13th Senate Appropriations has given a favorable report to H 344 and re-referred it to Senate Finance which expects to hear it on Wednesday June 15th at 1PM in room 643.

Corporal Punishment Bill Update

The bill that would allow parents to opt out of corporal punishment in schools has been incorporated into Senate Bill 648 “Amend Law re: School Discipline”  a bill that clarifies school discipline and which was negotiated with child advocates and school groups. Because the Senate version and House version of Amend Law re: School Discipline are now different, the Senate version will need to go to the House for consideration. Since the House has passed its version of the school discipline bills (H736) and is taking up its version of the corporal punishment bill, it’s not clear which bill will be passed by the House.  ASNC will continue to monitor this issue and update you as we get more information.

Over the last two days, the corporal punishment language has been removed from the Senate bill Amend School Law re: Discipline. The House is now working to pass S 498 Modify Law Re Corporal Punishment which allows parents to opt out and makes practices uniform across schools. House Education gave it a favorable report on Tuesday June 14 and the bill may move to the House floor for a vote soon.

Since the law was passed last year banning corporal punishment for students with disabilities, additional local school districts have banned the use of corporal punishment. It is now being used in 17 of 115 school districts in the state.  ASNC appreciates the work on local advocates and parents who have raised this issue with school boards. Their work has helped to promote more positive behavioral supports and build support for ending physical punishment.

 

State Budget and Managed Care Waiver Update

NC State Budget

Last week the NC General Assembly passed a budget for the 2011-2013 budget years that was compromise bill negotiated between the NC House and NC Senate, prior to the Senate passing their own budget. In the final version, the General Assembly used the House version of the budget numbers for Health and Human Services (HHS), reducing Senate proposed cuts down to the House levels.  We reported on the House budget in our blog post  and a chart outlining the final cuts in the compromise budget is below. All in all while these cuts in HHS are not good, they could have been much worse. There is a $45 million dollar cut to IPRS state funds for Local Management Entities (LMEs) for services across intellectual and developmental disabilities (I/DD), addiction and mental health services; however the budget directs LMEs to use $25 million of their fund balances, reducing the cut to $20 million. A number of LMEs do not have fund balances, so making up the rest of the $20 million in cuts with existing funds is unlikely. The cut to non-profit funding has been reduced to $5 million dollars. The Medicaid cuts are a combination of savings through increased use of public managed care across the Medicaid system, provider rate cuts, cuts to services like Personal Care, and through additional Federal funding. However, if the NC Department of Health and Human Services is not able to meet their budget, they are authorized to reduce or eliminate optional services including many that could impact people with autism spectrum disorder.  

Education across the board sustained deep cuts.  Early education and development programs like More at 4 and Smart Start took cuts of $16 million and $37 million respectively and will also be required to limit the scope of what they do. Schools were cut by $408 million, with the largest cuts to local school districts of $198 million, non-instructional support $60 million, and instructional support $23 million. The budget adds $62 million in funds for class size reduction in grades 1-3. Universities and Community colleges took cuts in the range of 15%.

Managed Care Waivers

As we mentioned in previous updates, the budget includes proposed savings for implementation of 1915b/c managed care waivers across the intellectual and developmental disability, mental health, and addictive disease system. In addition, two bills have passed the Legislature that expand managed care from one region, Piedmont Behavioral Health (PBH), to every LME across the entire state by July of 2013. Senate Bill 316  allows PBH to expand their waiver to more counties, and has passed both chambers. House Bill 916, which allows for additional waiver expansion to other LMEs was heard in Senate Mental Health and Youth Committee, was passed on the Senate floor and is now headed to the Governor’s desk.

The final version of H 916 does not contain independent case management, but it does allow an LME waiver site to contract for “treatment plan development” and for the “community guide” service which we believe allows some independent development of person centered plans and offers assistance to consumers and families.  The bill contains several other provisions which are a positive step for people with I/DD: aggregate funding, an intent to use future savings to expand services, continuity of care language, and the study of the use of the “I” option for I/DD.

Because the managed care waiver will have a significant impact on everyone with autism who uses any public funding, including CAP MR/DD, Medicaid, IPRS, and any other services they access through the LMEs, we urge you to pay close attention to your local communities waiver plan development.  Every LME has a website and customer relations staff and should be soliciting input from the public as they make these changes. The Autism Society of North Carolina will continue provide you with information on the new waivers, will work at the state and local level to monitor implementation and will recommend solutions to any problems that arise.

The Autism Society of North Carolina has compiled a list of cuts below we feel are relevant to people on the autism spectrum. For a full list of proposed budget cuts, visit the General Assembly web site  and review the articles under the “News and Information” section (left-hand column). The “Money Report” links is a list of cuts, and the “Bill Text” link includes an overview of the funding as well as the “special provisions” stating how funding is to be used and related policy changes. Items in () indicate cuts.

Department	Fiscal Year 2011-2012	Fiscal Year 2012-2013
DHHS Admin
Non-Profit Funding	(5,000,000)	(5,000,000)
CARELINE (handles calls for help, including Medicaid problems)	(380,478)	(380,478)
Div Child Development
Smart Start	(37,600,000)	(37,600,000)
Discontinue transport	(1,001,718)	(1,001,748)
Div of Public Health
Early Intervention	(3,118,046)	(3,118,046)
Div of Medical Assistance
Modify Optional and Mandatory Services (total of several)	(16,508,903)	(22,072,343)
Eliminate inflationary increases	(62,853,778)	(130,874,505)
Adjust provider rates	(46,420,718)	(46,458,260)
Behavioral Health 1915 b/c waiver (includes DD, autism)	(10,537,931)	(52,551,082)
CCNC savings (implementing more medical homes)	(90,000,000)	(90,000,000)
Div of Mental Health, Developmental Disabilities, Substance Abuse
Eliminate 7 advocacy positions (in state facilities)	(158,045)	(158,045)
Eliminate Community Funding (IPRS) for Medicaid recipients, except residential support	(20,000,000)	0
Swap (LME) fund balance w/ state service funds	(25,000,000)	0
Reduce Division management flex funds (emergency fund)	(7,180,807)	(7,180,807)
Education
Public Schools Total Cuts (-$65 mil transferred)	(394,051,894)	(408,543,951)
LEA adjustment (schools return funds to state, make cuts locally)	(124,217,542)	(198,293,574)
Community Colleges Total enrollment growth funded, but tuition increased and all programs cut	(117,475,214)	(117,475,214)
University System Total enrollment funded, but 470 mil flex cut to be determined by UNC	(347,117,332)	(335,057,688)