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Resources for Children with Disabilities

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Presentation on theme: "Resources for Children with Disabilities"— Presentation transcript:

1 Resources for Children with Disabilities
Alice Rosenthal, Esq. Senior Staff Attorney

2 Section 504 What Prohibits discrimination on the basis of disability by any program or activity that receives federal financial assistance Who ALL people with a disability that impairs one or more major life activities Protections: Reasonable Accommodations Medical accommodations (diabetes, asthma) Testing accommodations (extended time, large print, assistive technology) Physical modifications (ramp, elevator) Education plans Physical or Mental Impairment that substantially limits* one or more major life activities, such as: walking, seeing, hearing, breathing, learning, caring for oneself Record of impairment or regarded as having a disability

3 Individuals with Disabilities in Education Act (IDEA)
What Ensures students with a disability are provided Free Appropriate Public Education (FAPE) tailored to their individual needs Who Covers students identified as having one of 13 classifying disabilities that impacts their learning Protections Provides special education services in school to allow the child to receive education benefit or access to an education (speech, OT, PT, counseling, tutoring, etc) Autism Deaf-blindness Deafness Developmental delay (3-5 years only) Emotional disturbance Hearing impairment Intellectual disability (mental retardation) Multiple disabilities Orthopedic impairment Other health impairments, e.g., ADHD Specific learning disability Speech or language impairment Traumatic brain injury Visual impairments, incl. blindness

4 Supplemental Security Income
What Federal social safety net program providing supplemental income to adults or families of children with disabilities Who Aged, blind, and disabled people who have little or no income. Criteria is different for adults (18+) and children Protections Provides cash to meet basic needs for food, clothing, shelter and disability related needs Autism Deaf-blindness Deafness Developmental delay (3-5 years only) Emotional disturbance Hearing impairment Intellectual disability (mental retardation) Multiple disabilities Orthopedic impairment Other health impairments, e.g., ADHD Specific learning disability Speech or language impairment Traumatic brain injury Visual impairments, incl. blindness

5 Supplemental Security Income
Three step process Is the child working? Does the child have a condition that results in marked and severe functional limitations? Is the disability expected to last at least 12 months or result in death? Does the child’s impairment Meet the requirements of a listed impairment Medically equal a listed impairment Cause functional limitations that are functionally equivalent to the listing Autism Deaf-blindness Deafness Developmental delay (3-5 years only) Emotional disturbance Hearing impairment Intellectual disability (mental retardation) Multiple disabilities Orthopedic impairment Other health impairments, e.g., ADHD Specific learning disability Speech or language impairment Traumatic brain injury Visual impairments, incl. blindness

6 Supplemental Security Income

7 Listing Examples - ADHD
Attention Deficit Hyperactivity Disorder Manifested by developmentally inappropriate degrees of inattention, impulsiveness, and hyperactivity. The required level of severity for these disorders is met when the requirements in both A and B are satisfied: A. Medically documented findings of all of the following: 1. Marked inattention; and 2. Marked impulsiveness; and 3. Marked hyperactivity; and

8 Listing Examples - ADHD
B. For older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1 of ; or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of Source: 20 CFR §404 Subpt. B, App. 1

9 Supplemental Security Income
Application If approved, benefits begin. If denied, Appeal (w/in 60 days) = Request for Reconsideration Appeal (w/in 60 days) = Request for Administrative Hearing Appeal (w/in 60 days) = Appeals Council Review Federal Court

10 How does this apply to your work?

11 Services for People with Disabilities
Social Security Administration (SSA) Department of Social Services (DSS) Department of Developmental Services (DDS) Department of Mental Health & Addiction Services (DHMAS) Department of Rehabilitation Services (DORS)

12 Resources 211 Infoline Disability Rights CT (Office of Protection and Advocacy) U.S. Office of Civil Rights (OCR) U.S. Department of Justice (DOJ) Statewide Legal Services (SLS) CT Parent Advocacy Center (CPAC) CT Commission on Human Rights & Opportunities (CHRO) CT Office of the Child Advocate (OCA)

13 Devon Age 14 Diagnosis – severe Sickle Cell Disease
Frequent hospitalizations Academics – good student Career Goal – politician

14 Dena Age 8 Diagnosis – ADHD, XYY Syndrome, seizures
Regularly attends school, but struggling academically Mom has difficulty making ends meet because she needs to be available for Dena

15 Denise Age 18 Diagnosed intellectually disabled
Recently returned to CT from Florida Was in DCF care for years Not enrolled in school, not receiving supports or services

16 Darcy Age 10 Chronic persistent asthma Regularly adheres to treatment
Continual trips to the ED for acute attacks Extremely poor school attendance, failing grades Lives in public housing with wall to wall carpets

17 Alice Rosenthal, Esq. Center for Children’s Advocacy Medical-Legal Partnership arosenthal@cca-ct.org


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