Questions & Answers
Q and A :
If you have a child with special needs who is on the road to recovery or taking a journey along the road less traveled, be prepared for a long, windy and costly road trip.
Intervention services are intrusive, extensive and tremendously expensive. Federal and California State law provide funding to children with special needs. That being said, due to the high cost of intervention services, California and the Nation’s budgetary crisis and budget cuts coupled with the overall litigiousness of our society-you will need a special needs attorney to secure such funding.
As a parent of a child with autism or any developmental disability, the course forward can be daunting. You have heard differing information from those that you ask and even from those who choose to give you unsolicited advice. You have questions. Maybe you don’t even know what questions to ask.
Department of Developmental Services: If your child is eligible for Regional Center services or denied eligibility, a lawyer familiar with the Lanterman Act and the Welfare and Institutions Code may be necessary
Insurance: Insurance companies often shrug their legal obligation to fund allowable intervention services, provide sub-par services or place a maximum life-time benefit on certain services. A lawyer familiar with insurance litigation may be necessary.
Social Security/Disability: If your child receives social security or disability services, a lawyer who specializes in this area may be necessary to ensure receipt of funding and services.
Special Education: If your child is going to a public school and has special needs, you will need a lawyer familiar with the IDEA, the California Education Code, Section 504 of the Rehabilitation Act and No Child Left Behind.
Special Needs Trusts: If your child has any assets and received and public assistance, a special needs trust attorney may be needed to preserve benefits.
Vaccine Litigation: Many families are going after vaccine companies and/or their medical providers in cases where their children are being injured by vaccines.
Wrongful Birth: Any child who is born with a disability has the ability to file a wrongful birth suit in California. This is usually done as a tort claim or medical malpractice.
If you prefer answers in the context of an hypothetical case, click here.
If you are unsure whether your situation requires a special needs attorney and you are left-brained bottom line kind of person, this is the Q and A section. The questions are posted, however, for personalized answers, please call or email our office to set up a free one-hour consultation with one of our attorneys.
If you are unsure whether your situation requires a special needs attorney and you are a right-brained thinker up for reading a story, follow this link “How My Boy Kicked Autism’s @!#” is a hypothetical tale illustrating how a special needs attorney joined one family’s trek alongside their little boy’s road to recovery, resulting in a fully-funded intervention program.
There is information that we simply can not post on this site. Every child’s needs are unique and in some instances, we can not allow for free discovery to any adverse party, which could potentially be anyone. General answers are posted here. For more information, you can check the question(s) you would like answers to and an attorney will contact you within 24 hours. Or please fill out intake form and an attorney will contact you within 24 hours- whichever works best for your web design.
Q and A outline
Diagnosis - Evidence - Anecdotal - Scientific - Assessment - Intervention - Provider- Funding -Early Intervention - IDEA - Lanterman Act
Diagnosis
In 2007, the CDC released data that found about 1 and 150 children in the United States had an Autism Spectrum Disorder (ASD) meaning that three to six out of every 1,000 children in the United States have autism or a related disorder and the number of diagnosed cases is rising.
Autism is one of a group of serious developmental problems called autism spectrum disorders (ASD) that appear in early childhood, usually before age 3 and can be detected as early as 18 months. Everyone develops at their own pace, and many children do not follow exact timelines found in some parenting books or at the same time as one another. As a spectrum disorder, symptoms can range from mild to severe and the level of developmental delay is unique to each child.
Children with autism usually show some signs of delayed development by 18 months. If you suspect that your child may have autism, discuss your concerns with your doctor. In fact, talk with your doctor about autism even before you are suspicious. The earlier treatment begins, the more effective it will be. An accurate diagnostic label is imperative because funding for appropriate intervention spans across the spectrum. For example, a program designed specifically for children with an autism diagnosis will produce greater benefits while the use of the general Pervasive Development Disorder (PDD) label can prevent children from obtaining services relative to their needs.
How do I get one?
Who is qualified to make a diagnosis?
Who is responsible for assessing my child to determine whether he/she has a diagnosis?
Is a diagnosis necessary to secure funding for services?
Do all state and federally funded agencies require the same qualifying conditions for a diagnosis? Can an agency refute a diagnosis?
At what age can my child be diagnosed?
What diagnosis will make my child eligible for services?
Is my insurance company legally required to fund for diagnostic purposes?
Who pays for a diagnosis?
Anecdotal Evidence
Why is it relevant to my legal case?
How do I get access to it?
What support groups are in my area?
Why should I talk to other families?
Why do I need to videotape my child?
Why should I observe intervention sessions of children who are not my own?
What is outcome data?
What is the current climate in my geographic locale?
If an agency is providing services to one child, will the same services be provided to my child?
Is recovery an option?
http://www.mnip-net.org/ddlead.nsf/linkview/Recovery
http://www.amazon.com/Let-Me-Hear-Your-Voice/dp/0449906647
Scientific Evidence
What intervention strategies have successful results?
What does the research show is the percentage of children who are said to “recover?”
Does my child have to fit a certain learning profile for the research to be relevant to him/her?
What is peer-reviewed research?
Do I have to rely on peer-reviewed research to justify my request for services?
Is an agency required to offer services based upon peer-reviewed research?
What research is out there that is relevant to my child?
Where can I get a copy or a link to research applicable to my child?
Why haven’t certain studies been replicated?
Who is doing the research?
Who is funding the research?
Who is reviewing the research?
Does the research show statistically significant results?
What is the outcome data?
Why should I take data?
How do I take data?
Assessment
Who can assess my child?
Who is responsible for assessing my child?
Who will pay for this assessment?
What is an Independent Psycho-Educational assessment?
Does my child’s assessment need to make specific educational recommendations?
Does my child’s independent assessment need to make programming recommendations?
Why is it necessary to have baseline data?
Why does the assessment need to be independent?
What tests should be administered for an assessment?
Why are the testing protocols important?
Do I have to allow an outside agency assess my child?
When does a school district have to provide assessment results to me?
At what age should my child be assessed?
Is the timing of the assessment a factor?
When should I give my independent assessment to my District/Regional Center?
Why is it important that the assessor be qualified as an expert in the particular area of assessment?
How long does an assessment remain valid?
How often do I need to have my child re-assessed?
What tests can not be administered more than one time per year?
How much does an assessment cost?
Can an assessor observe any proposed placement or program prior to a due process hearing?
What is an IEE (Independent Educational Evaluation)
How do I request an IEE?
Intervention
What is an appropriate intervention strategy for my child?
Is there funding available for the intervention of my choice?
Do I even have a choice?
Does my child fit a certain learning profile?
What research supports the intervention strategies I believe my child needs?
What does my independent assessor say my child needs?
What is Applied Behavior Analysis (ABA)?
What is Developmental Individual Difference, Relationship Based(DIR)-also known as Floortime ?
What is Discrete Trials Training (DTT)?
What is Pivotal Response Training
What is Relationship Development Intervention (RDI)?
What is Gluten Free, Casein Free Diet(GFCF)?
What is Picture Exchange Communication System(PECS)?
What is Sensory Integration Therapy?
What is Training and Education of Autistic and Related Communication Handicapped Children (TEACCH)?
What is Verbal Behavior Intervention?
What is an NPA?
Are research supported intervention strategies mutually exclusive?
Am I required to participate in the intervention, i.e. parent training?
Is there research supporting the efficacy of biomedical interventions?
- http://autism.about.com/od/alternativetreatmens/f/dandoc.htm
- http://www.wholefoodsmarket.com/
- http://www.talkaboutcuringautism.org/gfcf-diet/gfcf-diet-on-a-budget.htm
- http://www.tacanow.com/fic/family-scholarship-application-dan-doctor.pdf
What does the research say about intensity, frequency and duration of services?
In addition to home and community based interventions, does my child need additional supports and services in a classroom setting?
Provider
How do I find a provider?
What do I look for in a provider?
How do I know what philosophy or curriculum is being implemented by a provider?
What training is required for the therapists and supervisors?
Can the provider do my child’s assessment?
Does my provider have a master contract with my school district?
Is my provider vendored with a Regional Center?
How can I observe an intervention session to know if it is right for my child?
How long should I expect to be on a wait list?
Does the provider have outcome data?
How does the provider collect data?
Who is legally responsible for paying the provider?
Does a parent have a right to their provider of choice?
How can I find a provider?
Funding
Who is responsible for paying for services my child needs while in the home?
Who is responsible for paying for services my child needs while in the community?
Who is responsible for paying for services my child needs in a classroom setting?
What services are required by law to be covered by my insurance company?
Do I get to choose who provides services to my child at public expense?
Should I expect to fund services out of pocket?
Are legal fees incurred to secure funding reimbursable?
At what age is my child eligible for school district funding?
What services are school districts legally required to provide?
At what age is my child eligible for Regional Center funding?
What services are Regional Centers legally required to provide?
At what age do Regional Center services expire?
How do I request funding from a school district?
How do I request funding from a Regional Center?
Is it possible to secure funding for non-public, charter or private school placement?
What type of services are public entities required to fund?
What if funding is offered for an intervention program that I do not believe is appropriate for my child?
If an agency wants to cut off funding or deny funding, what rights do I have?
Do the funding sources have outcome data to support their recommended services/programs?
How does the Welfare and Institutions Code define severe mental illness?
How does my insurance company define medically necessary treatment?
What do I do if my insurance company denies a claim for services for my special needs child
Early Intervention
Link to Regional Center Early Intervention Transcript
Individuals with Disabilities Education Act (IDEA)
Is a school district responsible for determining that my child has special needs?
What is a school district legally required to provide to my special needs child?
Does my child have the readiness skills available to access curriculum?
What is the legal standard for eligibility for special education?
What is an Individualized Education Plan (IEP)?
Can I tape record an IEP?
Can I bring an attorney to an IEP?
Can I get reimbursed for my attorney’s attendance at an IEP?
What is a Free Appropriate Public Education (FAPE)?
Who defines appropriateness?
What is Least Restrictive Environment (LRE)?
Who determines the LRE ?
Is there research supporting the necessity for children to be educated alongside typically developing peers?
What is the difference between a charter, private and non-public school (NPS)?
Does a charter school have to follow IDEA?
Does a private school have to follow IDEA?
Does a non-public school have to follow IDEA?
What happens to my child’s IEP if we move to another school district?
What are the residency requirements for receiving funding for special education services?
What is mainstreaming?
What is reverse mainstreaming?
What happens if I disagree with the appropriateness of services and /or programming offered by my school district?
Is the District required to file against me if I refuse to sign an IEP?
Can I observe a proposed placement before deciding if it is appropriate for my child?
What are the training requirements for personnel assigned to work with my child?
How do I find out the qualifications of persons responsible for implementing my child’s IEP?
How/When does an IEP become effective?
Can I agree to only parts of an IEP?
Do I have a choice in who provides services to my child?
Do I have a choice of what services are provided to my child?
How do I find out if my district has a master contract with my provider?
What happens if my school District is not implementing my child’s IEP?
Can my child with a disability be suspended or expelled from school?
How does a school district define progress?
How do I know the efficacy of services/programming offered in an IEP?
How does my district take data?
Does my district have outcome data?
What is a due process hearing?
Who decides the outcome of a due process hearing?
What will happen to my child’s education plan during the hearing process?
What is stay-put?
How long will it take to get a due process hearing decision?
How much will a due process hearing cost?
How many cases have been filed against my school district?
How many decisions in my school district have been favorable to the student?
Is funding/reimbursement available for an attorney to be at a resolution session?
Do I need to file for due process prior to being offered a resolution session?
What if I am not offered a resolution session?
Are the mediators trained in special education?
Are mediators required to be attorneys?
Can I get funding/ reimbursement for an attorney to attend my mediation?
How long does mediation take?
How much does mediation cost?
How many cases has my school district settled at the mediation level?
Can my attorney file a case in a District Court?
What is the Hughes Bill?
What is an FAA (Functional Analysis Assessment)?
What is a BIP (Behavior Intervention Plan)?
How does Section 504 of the Rehabilitation Act affect my child?
Lanterman Act
What is the Lanterman Act?
What is the standard for eligibility for Regional Center services?
What is a substantial disability?
Who defines Regional Center standards?
How do I determine if my child meets Regional Center eligibility criteria?
At what age is my child eligible for Regional Center services?
What is an IPP(Individualized Program Plan)?
What is an IFSP (Individual Family Service Plan)?
Will my child be exited from Regional Center services upon entering the school district?
What is a Regional Center legally mandated to provide to my child with special needs?
Do I have a choice of provider under the Lanterman Act?
How do I find out if my provider is vendored with the Regional Center?
How do I know which Regional Center is responsible for my child?
How do I request Regional Center services?
What do I do if a Regional Center denies my child eligibility?
If a Regional Center discontinues funding for a service, what do I do?
If a Regional Center denies funding for a service, what do I do?
What is a Notice of Proposed Action?
How do I appeal a Notice of Proposed Action?
What are the timelines for appeal?
What is the procedure for an appeal?
What will happen to the funding for services during an appeal?
What is aid paid pending?
How do I ensure I get aid paid pending?
What is a Fair Hearing Request?
If I file for a hearing against the Regional Center, how long will it take to get a decision?
How many days will a hearing take?
What is Payor of Last Resort?
How many hearings have been filed against my Regional Center this year?
Are there any recent decisions that have been favorable to the family?
How much will a Fair Hearing cost?
Are attorney fees available for a Fair Hearing?
For answers to any of the aforementioned questions or any other question you may have, please click here or please call 310-461-1962 or contact us here to and we will get back to you within 24 hours