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Repeal of the Affordable Care Act

Many families with children with special needs received benefits in health care coverage due to several provisions of the Affordable Care Act (“ACA”).

Such provisions include:

  • Allowing adult children, up to the age of twenty-six, to be included in their parents’ health insurance policies;
  • Prohibiting health insurance companies from imposing a waiting period for coverage of a pre-existing condition;
  • Having a cap on out-of-pocket medical costs each year;
  • Prohibiting employer plans from including lifetime limits to coverage; and
  • Expanding Medicaid eligibility based on income to 138 percent of the Federal Poverty Level in states that chose to implement the expansion. Applicants who qualify for Medicaid benefits based on this expansion could start receiving benefits while waiting for eligibility based on a disability.

What are the changes taking place now? The Congressional Budget Act of 1974 allows for the expedited consideration of mandatory spending legislation. Recently, the U. S. Senate voted to approve a budget blueprint, by way of a reconciliation bill, to allow the removal of significant components of the ACA, without the interference of a filibuster. The U. S. House of Representative voted to approve a budget blueprint as well. A repeal to reform Medicaid is supported by many in congress.

To date a comprehensive reform bill has not been provided for review. President-elect Donald Trump has expressed approval for a couple of aspects of the ACA, such as the inability of insurer to deny coverage for people with pre-existing health conditions and allowing children to stay on their parents’ insurance policies longer. President-elect Trump’s ultimate goal is to repeal the ACA and replace it with a plan essentially simultaneously. Trump proposes his plan will provide “insurance for everybody” and that pharmaceutical companies are “politically protected but not anymore.”

Unfortunately, one cannot predict whether the two ACA mandates approved by Trump will ultimately be a part of TrumpCare. House Republicans have a Better Way plan that promises to protect patients with pre-existing conditions and allow dependents up to age twenty-six to stay on their parents’ health insurance plans.

Parents of children with special needs have valid concerns if the ACA is repealed. Will their children, especially those over eighteen years old, with pre-existing medical conditions have private health insurance? If not, will Medicaid be an option and if so, how long is the wait for eligibility for benefits?

Thanksgiving – Perfect Time to Select Your Key People

During the upcoming Thanksgiving festivities, when your family and friends gather for hours in a cozy family home or two homes, consider that this time offers you a remarkable opportunity to determine who your key people will be in your legal documents. Who are key people – these are the people who you chose to have as your independent executor, trustee, and attorney-in-fact. If you are married, it is likely that your first choice is your spouse; however, you should have alternates listed on all your personal legal documents.

I am not suggesting you make your family holiday gathering more awkward than it typically is every year. My proposal is that you silently observe your siblings, their spouses and kids, and how everyone interacts with your child/children from the perspective of a parent removed from the situation. Siblings are not the only candidates for the role of key people. Outside of your immediate family, there are cousins and family friends to consider. Parents to choose key people candidates near their age or younger.

Thinking of your possible untimely death or disability may seem morose; however, your Will, Power of Attorney (“POA”), and Medical Power of Attorney (“Medical POA”) are legal documents in which you designate in writing people you trust to make important decisions about your child/children, your finances, your bank accounts, and vital medical decisions.

The key people you should be looking for are people that can naturally offer patience to raise your child or children in the event they become orphans. The selected key person to raise your children may not be the same key person who you select to be your “attorney-in-fact” in your POA. The key person you choose to handle your finances may not be the key person you select to make end-of-life decisions in your Medical POA.

Look on www.filislaw.com for the Will Packet prior to scheduling an appointment for a consultation.

It is IEP Season

Getting prepared for your next ARD meeting can be challenging.

Here are some Frequently Asked Questions pertaining to IEPs and ARDs that I have received the last couple of weeks.

Can parents request information of teachers’ and paraprofessionals’ qualifications?

Changes per the TEA beginning with the 2016-2017 school year –  the schools and teachers only need to meet the state requirements for certification.  Paraprofessionals must still meet the highly qualified requirements under No Child Left Behind for the 2016-2017 school year.

Once at the ARD meeting, can I postpone?

You can request more time or disagree and ask to recess and reconvene within ten school days. Review and if you agree, sign the IEP by the deadline. You can ask for a Facilitated IEP. If both parents and school agree, a trained person assists in getting people to reach an agreement. If the ARD committee cannot reach a mutual agreement, parents are allowed to write your own statement of disagreement.

What if I do not agree to the content of the Evaluation or Reevaluation Report?

Request the evaluation report in advance of the ARD.  Request clarification if the evaluation report is vague. If parents do not agree with the results of the school’s evaluation or reevaluation, parents may request an Independent Educational Evaluation (IEE).  The school has the option of (1) paying for the IEE or (2) requesting a due process hearing to prove the appropriateness of the evaluation.

How do we request a paraprofessional?

Structure your request for a dedicated paraprofessional by answering Who, When and Why for your child’s needs.

Who –  Paraprofessionals in Texas public schools this school year must meet the federal definition. Do not allow “aide” to be used as a substitute for the “paraprofessional” in the IEP.  When – Throughout the entire school day, specific classes or times of day, or only transitions. Why – Behavior management, activities of daily living, social skills, instructional support.

 

Feel free to send me more Special Education questions at leona@filislaw.com.

 

Special Education case before the U.S. Supreme Court

The U. S. Supreme Court will decide what is the standard of education public schools must provide to students with disabilities.  Specifically, the dispute is about the intention in the Individuals with Disabilities Education Act (“IDEA”) for the level of education public schools must offer.

In 1982, the U. S. Supreme Court stated that IDEA contains no “substantial standard prescribing the level of education to be accorded handicapped children.” Board of Education of Hendrick Hudson Cen. Sch. Dist. v. Rowley, 458 U.S. 176, 189 (1982). Due to Rowley, the Supreme Court allows States to provide a program “reasonably calculated to enable the child to receive education benefits” then it “has complied with the obligations imposed by Congress and the courts can require no more.” Rowley at 206-207.

Should IDEA be interpreted to demand school districts to provide a “substantial” education or merely make an effort to educate children? Cases from various Courts of Appeals conflict with their interpretation of IDEA.

Endrew F. is a minor child with autism whose parents filed suit against the Douglas County School District.  Individualized Education Program (“IEP”) is a legal document containing written statements regarding the student’s education program.    Endrew F.’s parents objected to the District’s offering of substantially similar IEPs year after year and not the achieving the level of education that meets an appropriate standard for Free Appropriate Public Education (“FAPE”).

Oral arguments before the Supreme Court are scheduled for mid-January.

The Leader

Neighborhood Newspaper The Leader is a Great Local Resource for Small Businesses!

I enjoy working with Katy to help my business get the best marketing for my money.

 

Partners Resource Network

 

Welcome to The Filis Law Firm website!  Please feel free to click around. For the DADS questions form or Camera in the Classroom letter (template) look at The Filis Files on the right side of the page.

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Has Your Child Paid the Price for Texas’ Lack of Special Education?

Policies of the Texas Education Agency (“TEA”) are under investigation by reporters and parents.  It is alleged that there has been an organized effort to keep eligible students in Texas from receiving special education services in public schools.  It has been argued that the goal was to save the TEA billions of dollars; however, this is at the expense of disabled students.

Earlier this year, the Center for Disease Control (“CDC”) stated it estimated 1 in 68 school-aged children in the United States have Autism Spectrum Disorder (“ASD”).  With diagnoses of ASD on the rise, the fact that Texas schools on average failed to reflect an increase in special education services is perplexing.  Many parents over the past few years have been informed that their children were not eligible to receive special education services despite parental concerns and outside diagnoses.

Parents have to know their rights.  The Individuals with Disabilities Act (“IDEA”) was originally enacted by Congress in 1975; improved in 2004.  Under IDEA, each state is charged with the obligation of identifying, locating and evaluating all children with disabilities in the state who need special education and related services.  Additionally, parents by referral, should identify their child as possibly needing special education and request an evaluation in writing.  After parents give consent to have their child evaluated, the evaluation must be completed within sixty days.

If parents disagree with the evaluation, the next step is to request an Independent Education Evaluation (“IEE”) at the public’s expense.  A new and independent evaluation of the student will evaluate the student.  The school can reject the parent’s objection to the school’s evaluation and file a due process complaint.

Frustrated parents can choose to remove their children from public schools and home-school or place their children in private schools or Applied Behavior Analysis clinics.  Without the supports and services in place for Texas students with disabilities, these students can lose the opportunity to reach their individual full potential as protected in IDEA.

Learn more at Region 4 with The Filis Law Firm and other community partners

Join TEAM Project on September 23, 2016 for Game On! Share The Knowledge Symposium Series 2016 and Community Resource Fair. Admission is FREE but pre-registration is required. A boxed lunch will be provided to registered participants.
TEAM Project’s Symposium will include 3 presentations offering information and knowledge to help empower parents and youth to become better advocates.
There will also be a resource fair with local community agencies and service providers.
Presentation Topics:
Self Employment? Yes YOU Can!
Advocacy
Parents and The Transition Process
Youth Panel: Youth with DisABILITIES sharing their experiences as students of Special Education and beyond. Youth 14-26

Contact Info: Regional Coordinators Celia Ulloa : culloaprnteam@sbcglobal.net, 832-640-0509 and Ana Esparza aesparzaprnteam@sbcglobal.net 832-878-0509

Click here for more information!

Free Tickets