Blog

Cameras in the Classroom – Special Education News

Parents – the time has come to send your letters to your child’s school district and request surveillance cameras be placed in your child’s classroom.

The Department of Aging and Disabilities (“DADS”) released a report discussing Senate Bill 507 that allows parents, and others, to request that any self-contained SPED room have a video camera to protect the safety of students. Click here for more info on Page 41 of the Report DADS Report.

However, the Texas Education Agency (“TEA”) has a proposed new rule being Section 103.1301, currently still in the rule adoption process. The proposed rule is offered for clarification of the Texas Education Code Section 29.022 regarding Video Surveillance of Certain Special Education Settings. Once the rule is adopted, it will be published in the Texas Register at the Texas Secretary of State website.  For more information of the proposed 19 Texas Administrative Code Section 103.1301, go to TEA Proposed New 19 TAC Section 103.1301.

You as parents of students receiving special education services should act now. Gather the contact information for your school’s principal and Special Ed director for the district. If your child is a student in Spring Branch, I have the district contact information.

Contact me and I will share an example of the Camera Request Letter.

 

Kevin and Avonte’s Law

The word eloping took on a whole new meaning when my three year old son began his new behavior of running away from me.  Due to the fact that I was already a “helicopter mom” even before my son’s autism diagnosis, my son did not have many opportunities to slyly wander away from me while we were out in public.  I faced the problem of having my son bolt from me with no (obvious) warning.

For many parents, elopement or wandering is a frightening problem that can occur with their children who are on the autism spectrum.  Parents may soon have resources and assistance to address elopement.  U. S. Senior Senator Chuck Shumer sponsored the new safety bill called Kevin and Avonte’s Law.  The U.S. Senate passed safety legislation on July 14, 2016. Currently in the U.S. House of Representatives, H. R. 4919 is assigned to a committee.

According to Autism Speaks, Kevin and Avonte’s Law would allow Justice Department grants to be used by law enforcement agencies and nonprofits for educational and other programs. The grants would facilitate training and emergency protocols for school personnel, supply first responders with additional information and resources, and make locating technology programs available for individuals who may wander from safety. See Autism Speaks   website for more information.

Requesting Education Records – FERPA

If you are working on your child’s IEP and records binder this summer, make a list of the records you are missing from school. Parents can the right to INSPECT AND REVIEW their child’s education records. Special Education students, including services provided to students under Individuals with Disabilities Education Act (IDEA).

Public schools and school districts receive funds under programs administered by the U.S. Dept. of Education. FERPA is Family Educational Rights and Privacy Act (20 U.S.C. Sec 1232g, 34 CFR Part 99) that applies to the above-described educational agencies and institutions.

There are areas of confusion regarding the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
Is your child’s school is a covered entity?
Are the health records “education records” or “treatment records” and what is considered “protected health information” under HIPAA?

If you are running into problems accessing your child’s records, call my office.

Guardianship of an Adult Disabled Child

Is your child nearing his or her 18th birthday? What does this mean for them and what does this mean for you?

The State of Texas recognizes your child as an adult when you child turns 18 years old.  He or she can enter into contracts and attend ARDs alone.  You as the parent will lose your status as the natural guardian of your child and lose the right to be noticed for your child’s school ARD meetings.  You may be excused from your child’s doctor’s exam room.

If your child’s capacity level is such that a Power of Attorney is not an acceptable option, look into Guardianship. Guardianship of the Person can offer you legal rights to protect your child.

Feel free to contact me for more information on planning for your child’s future at http://www.calendly.com/filislawfirm.

The FDA Should Listen to the Voice of the Patient – Perspective on benefits of use of Eteplirsen

Dominic Romito watched during testimony about Sarepta’s clinical trial of an experimental drug to treat Duchenne muscular dystrophy.Photo from The Boston Globe 4/25/2016

Families with children with Duchenne muscular dystrophy (“DMD”) from all over the United States flew to Maryland to attend a Food and Drug Administration (“FDA”) advisory committee meeting on a mission to convince committee members to recommend accelerated approval of a new drug application for eteplirsen.  Scientists argued that the clinical trials provided evidence that the drug slowed the progression of DMD.  Parents received time-limited slots to discuss their own observations of the positive effects of the drug.

The accelerated approval provisions in Section 506(c) of FD&A Act, added by Section 112 of the Food and Drug Administration Modernization Act of 1997, allows for accelerated approval to “a product for a serious or life-threatening disease or condition . . . upon a determination that the product has an effect on a surrogate endpoint that is reasonable likely to predict clinical benefit, or on a clinic endpoint that can by measured earlier than irreversible morbidity or mortality, that is reasonably likely to predict an effect on irreversible morbidity or mortality or other clinical benefit, taking into account the severity, rarity, or prevalence of the condition and the availability or lack of alternative treatments.”

The advisory committee was asked if the applicant provided substantial evidence from adequate and well-controlled studies that Eteplirsen induces production of dystrophin to a level that is reasonably likely to predict clinical benefit.  The phrasing of the question is not applicable where the study participation is small due to the rarity of the disease, such as DMD.  Surrogate endpoints and intermediate clinical endpoints should be considered in situations for clinical studies for drugs for rare diseases.

Unfortunately, after hours of testimony, the committee recommended against approval for Sarepta’s exon-skipping drug eteplirsen.

The FDA is allowed to expedite programs for serious conditions in Section 506(b) of the FD&C Act as added by Section 112 of the Food and Drug Administration Modernization Act of 1997 and amended by Section 901 of the Food and Drug Administration Safety and Innovation Act of 2012 (FDASIA).   Receiving and acknowledging the testimony of patients is part of the drug review process under the Patient Focused Drug Developments initiative launched by FDASIA.

By utilizing the flexibility offered under FDASIA, the FDA can fast-track the approval process for Eteplirsen.

Every minute matters to families with boys who have the rare disease.  The final FDA decision is with the director of the drug evaluation center, Janet Woodcock.

Debra Miler, co-founder and CEO of CureDuchenne, a nonprofit organization, offers her words of encouragement for approval at www.cureduchenne.org.  The advancement of treatment for a child with DMD affects the quality of life.

Senator Rubio brought attention to this matter – click here for the video SenatorMarcoRubio.

 

Changes to Texas Department of Aging and Disability Services

Texas Health and Human Services Commission

Many parents with children with special needs rely on the Texas Department of Aging and Disability Services (DADS) for Medicaid Wavier Programs and other supports and services.  A timeline of changes is provided below.

The Texas legislature approved and passed Senate Bill 200, making it law last summer, but what does that mean for DADS?  In the 1st phase, Texas Health and Human Services Center (HHSC) will have transferred to its control select function of the Department of Assistive and Rehabilitative Services (DARS), client services of the DADS and the Department of State Health Services (DSHS). and administrative services of the Texas Health and Human Services (HHS) system, set for September 1, 2016.

Further, DARS is scheduled to be abolished September 1, 2016.

The 2nd Phase includes the abolishment of DADS September 1, 2017.

For more information of the transformation of the Texas Health and Human Services Commission, click on the link below.

 http://www.hhsc.state.tx.us/hhs-transformation/docs/transition-plan.pdf

Radio spot – Info on Duchenne

Tomorrow morning at 8:00 on KPFT 90.1 Open Journal. Lindy Fillis (mom to Ditri age 5) and Erin Bullers (mom to Nicholas age 12) will be doing an interview from 8:25 to 8:55 explaining  Duchenne MD, upcoming Cure Duchenne Cares event taking place on Friday and Saturday, and  resources for families. They will also share with the audience on how they can help the Duchenne community with the critical adcom coming up on April 25th with the FDA. Although etepliresen only helps 13% of  Duchenne boys, it will pave the way for future drug approval.
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> You can urge your Senators to Sign a letter to the FDA. The link to do that is:
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CDC Estimates 1 in 68 school-aged children have autism

The Center for Disease Control (CDC) issued a Press Release today regarding its findings from data collected by the CDC’s Autism and Developmental Disabilities Monitoring (ADDM) network.  The report shows no change in the autism spectrum disorder prevalence from the previous report in 2014.

According to Dr. Stuart K. Shapira, chief medical officer for CDC’s National Center on Birth Defects and Developmental Disabilities,

The most powerful tool we have right now to make a difference in the lives of children with ASD is early identification.

The CDC has more information at www.cdc.gov/Autism.