2011 Legislative Priorities of Advocates for Autism of Massachusetts
H #159 An Act to Promote the Successful Transition of Students with Disabilities to Post-Secondary Education, Employment, and Independent Living
Lead Sponsors: Rep. Sannicandro, Sen. Tolman
This bill will help ensure that existing dollars are spent in a more effective manner, assisting older students with disabilities to receive essential special education transition planning and services necessary to prepare for post-secondary education, employment, and independent living. The legislation requires the Board of Education to revise educator licensure regulations so that current special education teachers and rehabilitation counselors can obtain a Specialist Teacher License in Transition Services to develop the competencies necessary to serve as Transition Coordinators. Although schools rely heavily on special education teachers to implement and manage transition planning and services, current licensure requirements inadequately address this critical area. Thousands of children with disabilities, ages 14-22, will directly benefit from this legislation. The bill will also help reduce litigation costs, by providing school districts with trained personnel necessary to fully implement the transition requirements of federal special education law. This bill was reported out favorably by the Joint Education Committee last session.
H # 168 An Act Relative to Equal Educational Opportunities for Students with Disabilities
Lead Sponsor: Rep. Speliotis
This bill addresses the impact of a Rehnquist decision by the US Supreme Court (Buckhannon, 2001) which has effectively created a two-tier system, barring many low and middle-income families from accessing special education rights and services. This bill would reinstate parents’ rights to recover attorneys’ fees for settlements as previously available prior to 2001. This is critical to encourage prompt resolution and settlement of disputes, reduce litigation costs for families and school districts, reduce the lengthy delays which harm children deprived of essential services for months and sometimes years, and help ensure that children of all income levels receive equal educational opportunities. This bill was reported out favorably by the Joint Education Committee last session.
H #1901 An Act Relative to the Licensure of Behavior Analysts:
Lead Sponsor: Rep. Scibak
This bill will require licensing for behavior analysts in the Commonwealth. If enacted, any provider who offers Applied Behavior Analysis would be required to be licensed and meet minimal education and experience requirements and demonstrate a solid foundation of knowledge in the field of behavior analysis. AFAM believes passage of this bill is important in light of the recent passage of ARICA because many insurance companies prefer to work with licensed practitioners. A licensure law would also provide enforcement of ethical standards of professional practice.
H #0983 An Act for Passage to Independence:
Lead Sponsor: Rep. O'Day
This bill will help ensure additional funding for students Turning 22 during the transition from high school to adult life. As the number of children diagnosed with autism continues to rise, it is important to plan accordingly for those students with ASD who will continue to need support as they move from educational settings to employment. Passage of this bill will provide additional monies to address the emergency need for expanded residential services for those young adults who did not previously receive funding for community residential or family support services. It also provides for additional employment funding and includes increased allocations for the Massachusetts Department of Developmental Services and the Massachusetts Rehabilitation Commission (MRC) to help meet the needs of students Turning 22.
2011 AFAM Budgetary Priorities for Fiscal Year 2012
Increased Funding for the Division of Autism (Including Children's Autism Medicaid Waiver) DDS Line Item 5920-3010
The Division of Autism requires additional funding to provide necessary services to the dramatically increasing number of children with ASD. Included in this line item is the Waiver program which provides low- income young children with ASD at risk of institutionalization with intensive in-home services (ABA and Floor time). $3 million is targeted to Waiver Services, an increase of $500,000 from the FY’11 appropriation. In FY'11, the House budget provided $2.5 million for the Children's Autism Medicaid Waiver; the state received $1.25 million of the federal reimbursement for the costs of providing intensive services. With an additional $500,000 in funding, 30 more children at risk for institutionalization will come off a wait list and receive intensive home based services. The total cost to the Commonwealth will only be $250,000 since the state will receive federal reimbursement for approximately 50% of the cost of Waiver services. In addition to the intensive services given under the Waiver, this line item also provides funding for programs offered to families by the Autism Support Centers throughout the Commonwealth. This funding will enable the continuation of behavioral, social, and communication services and programs for children with ASD. AFAM seeks funding in the amount of approximately $4.6 million for the Division of Autism.
Increased Funding for Family Support, DDS Line Item 5920-3000
The dramatic growth in the number of children with ASD is resulting in a greater demand for Family Support . Funding for this program supports the seven autism support centers throughout the Commonwealth. Thousands of families who receive family support use it to pay for respite and community programs for their children and young adults with autism. This program is a lifeline for many of these families. Any reduction in funding for this program would be a tremendous hardship on families already facing difficult challenges. AFAM seeks funding of approximately $50.5 million for the Family Support Program.
Increased Funding for the Turning 22 Program, DDS Line Item 5920-5000
There has been a dramatic increase in young people with severe disabilities "Turning 22" and moving from the locally funded school programs into the state funded DDS system.. It is thought that the rising rates of autism are contributing to this increased need. Funding for this vital transition program must be increased to reflect the growing number of students with ASD turning 22. AFAM seeks funding of $8 million for the Turning 22 Program, a $3 million dollar increase to ensure necessary services are available.
Restore Funding for Special Education Circuit Breaker, Line Item 7061-0012
Due to the economic crisis, state special education funding was reduced by approximately 40% over the last two fiscal years. Federal stimulus funding was available to help offset these cuts. Unfortunately, the federal stimulus funding has ended and, absent an increase in circuit breaker funding, school districts will not be able to replace it. If the state budget does not restore the cuts to the special education account, the state will only be able to reimburse schools 40% of those special education costs, instead of the 72% they were reimbursed prior to the cuts. Such an outcome would have a negative impact on every student with ASD in the Commonwealth.
DESE/DDS funding is provided for in the Special Education Circuit Breaker Line Item. It enables families with children with severe disabilities requiring intensive supports to continue to live at home and avoid costly residential placements. Many of the children who receive these services have ASD. The waiting list for this cost-effective program has closed. Last year, funding for the program was in jeopardy and cuts were threatened throughout the year. Every family enrolled in the program saw their funding reduced. Restoring funding to $8 million will ensure that more children with ASD remain at home with their families.
Increased Funding for Day/Employment Services, DDS Line Item 5920-2025
As the number of adults diagnosed with ASD continues to climb, employment services critical to help these adults remain employed, particularly in this economic downturn must be maintained. Absent these supports, jobs will be lost. For those adults with ASD unable to work, structured day programs with proper supports enable them to gain skills and remain in the community. Without additional funding to meet the increasing number of adults served, some parents would need to leave their jobs and stay home with their disabled adult children. Older parents of adults with autism would also experience additional strains. AFAM seeks funding of approximately $126 million for the Day/Employment Services Program.
Special thanks to Mass Advocates for Children and the Arc of Massachusetts for their contributions in the development of these written Budgetary Priorities.
