Autism Spectrum Disorder Autism Spectrum Disorder (ASD) Eligibility, Programs, (ASD) Eligibility, Programs,

and theand theFamily Support SubsidyFamily Support Subsidy

Lucy Hough-WaiteLucy Hough-Waite

Kent ISDKent ISD

Brief History of Autism Rules Brief History of Autism Rules –– 1 1

1978- A Michigan task force 1978- A Michigan task force worked on autism definition. No worked on autism definition. No action was taken, largely because action was taken, largely because the Headlee Amendment the Headlee Amendment had recently taken effect.had recently taken effect.

1981 – Part of settlement of 1981 – Part of settlement of Michigan Society for Autistic Michigan Society for Autistic Citizen’s lawsuit against MDE Citizen’s lawsuit against MDE was development of autism was development of autism definition.definition.

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Brief History of Autism Rules Brief History of Autism Rules –– 2 2

August 12, 1983 – Autism Rules took August 12, 1983 – Autism Rules took effect including definition, program effect including definition, program rules, and teacher certification rules, and teacher certification requirements. Language related to requirements. Language related to 1758(b) autism programs was 1758(b) autism programs was included to address programming included to address programming challenges in rural areas and districts challenges in rural areas and districts where incidence of autism was low.where incidence of autism was low.

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Brief History of Autism Rules Brief History of Autism Rules –– 3 3

1983- A small task force drafted 1983- A small task force drafted recommendations for standards for recommendations for standards for 1758(b) autism programs.1758(b) autism programs.

October 20, 1983 – Ed Birch, Director October 20, 1983 – Ed Birch, Director of Special Education for MDE, issued of Special Education for MDE, issued memo to ISDs regarding ISD Plan memo to ISDs regarding ISD Plan Standards for operating 1758(b) Standards for operating 1758(b) programs.programs.

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Requirements for Requirements for 1758(b) ASD Programs1758(b) ASD Programs

Districts are required to implement the (b) Districts are required to implement the (b) alternative to meet the unique alternative to meet the unique educational needs of students with autism educational needs of students with autism . . . in consultation with the State . . . in consultation with the State Department of Education. The following Department of Education. The following program components for 1758(b) autism program components for 1758(b) autism spectrum disorder programs have to be spectrum disorder programs have to be assured in ISD Plans.assured in ISD Plans.

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Four ISD Plan Assurances for Four ISD Plan Assurances for 1758(b) ASD Programs1758(b) ASD Programs

1.1. Inservice education will be provided to the Inservice education will be provided to the special education teacher responsible for special education teacher responsible for the education of students with autism the education of students with autism (related to autism, behavior, curriculum (related to autism, behavior, curriculum development, home/school interactions development, home/school interactions and family and community supports). and family and community supports).

2.2. A consultant knowledgeable about autism A consultant knowledgeable about autism will be available to the teacher and will be available to the teacher and support staff.support staff.

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Four ISD Plan Assurances for Four ISD Plan Assurances for 1758(b) ASD Programs1758(b) ASD Programs

3.3. Related service providers serving students Related service providers serving students with autism will have inservice education with autism will have inservice education related to the services they provide.related to the services they provide.

4.4. The IEP Team will describe its consideration The IEP Team will describe its consideration of the student’s ability to function in the of the student’s ability to function in the chosen program in relationship to class size chosen program in relationship to class size and student-to-staff ratio.and student-to-staff ratio.

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Programming OptionsProgramming Optionsfor Students with ASDfor Students with ASD

1.1. Rule 340.1758Rule 340.1758(a)(a) – Autism Spectrum Disorder – Autism Spectrum Disorder (ASD) Classrooms (with autism teacher, 5 (ASD) Classrooms (with autism teacher, 5 students, 1 teacher, 1 paraeducator)students, 1 teacher, 1 paraeducator)

2.2. Rule 340.1758Rule 340.1758(b)(b) – Autism Spectrum Disorder – Autism Spectrum Disorder (ASD) Program (Consists of any other special (ASD) Program (Consists of any other special education program that includes the four education program that includes the four assurances)assurances)

3.3. Any Other Combination of Special Education Any Other Combination of Special Education Programs and Services – but not including Programs and Services – but not including requirements of 1758(b)requirements of 1758(b) LHW – Kent ISD

Brief History of Brief History of Family Support Subsidy Family Support Subsidy –– 1 1

December 15, 1983- Family Support December 15, 1983- Family Support Subsidy (FSS) Program was made part Subsidy (FSS) Program was made part of the Mental Health Code by the of the Mental Health Code by the Michigan legislature.Michigan legislature.

July 1984 – Deadline for promulgating July 1984 – Deadline for promulgating rules for the purpose of accepting FSS rules for the purpose of accepting FSS applications from families.applications from families.

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Brief History of Brief History of Family Support Subsidy Family Support Subsidy –– 2 2

Purpose of FSS – Purpose of FSS – “To keep families “To keep families together and to reduce the capacity in together and to reduce the capacity in state facilities by defraying some of state facilities by defraying some of the special costs of caring for eligible the special costs of caring for eligible minors from out-of-home placements minors from out-of-home placements to their family homes, and preventing to their family homes, and preventing or delaying the out-of-home placement or delaying the out-of-home placement of eligible minors who reside in their of eligible minors who reside in their family homes.”family homes.” LHW – Kent ISD

Eligibility for Eligibility for Family Support SubsidyFamily Support Subsidy

Child is under 18, and has severe level Child is under 18, and has severe level of cognitive impairment, severe of cognitive impairment, severe multiple impairment, or autism. multiple impairment, or autism. Child with autism must be served in Child with autism must be served in an autism [ASD] program (a) or (b).an autism [ASD] program (a) or (b).Child must be living at home (not in a Child must be living at home (not in a publicly supported residential setting).publicly supported residential setting).Taxable income of family may not Taxable income of family may not exceed $60,000 per year.exceed $60,000 per year.

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IMPORTANTIMPORTANT

The IEP Team decision to place a The IEP Team decision to place a student in an (a) or (b) ASD student in an (a) or (b) ASD

program should be made based program should be made based on the student’s unique needs, on the student’s unique needs, and and independent fromindependent from any any

Family Support Subsidy Family Support Subsidy considerations.considerations.

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ImplicationsImplications

1.1. Since 1758 (b) programs for Since 1758 (b) programs for students with autism are part of a students with autism are part of a continuum of services, ISDs should continuum of services, ISDs should include the four Assurances for include the four Assurances for 1758(b) Autism Programs in ISD 1758(b) Autism Programs in ISD Special Education Plan language.Special Education Plan language.

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ImplicationsImplications

2.2. Students with autism should be Students with autism should be assigned to programs based on assigned to programs based on their needs. If a student needs their needs. If a student needs highly specialized, unique highly specialized, unique programming then he/she should be programming then he/she should be assigned to a 1758 (a) or (b) assigned to a 1758 (a) or (b) program.program.

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ImplicationsImplications

3.3. Not all students with autism need Not all students with autism need autism programming – (a) OR (b) – autism programming – (a) OR (b) – and to place them in such and to place them in such programming may violate the programming may violate the principle of least restrictive principle of least restrictive environment (LRE).environment (LRE).

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ImplicationsImplications

4.4. ISDs need to work collaboratively with the ISDs need to work collaboratively with the Community Mental Health offices in their area Community Mental Health offices in their area to communicate these messages to families: to communicate these messages to families:

a.a. The FSS is intended for families with children The FSS is intended for families with children who are at risk of who are at risk of out-of-home placementsout-of-home placements..

b.b. Not all students with ASD will qualify for Not all students with ASD will qualify for FSSFSS..

c.c. The IEP Team must make eligibility and The IEP Team must make eligibility and program decisions for students, program decisions for students, independent independent ofof the family’s potential eligibility for the FSS. the family’s potential eligibility for the FSS.

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How to Record 1758(b) ASD How to Record 1758(b) ASD Programs on IEP Team ReportsPrograms on IEP Team Reports

If IEP Team determines the student needs a If IEP Team determines the student needs a (b) ASD program, first determine what cross- (b) ASD program, first determine what cross-categorical program will be transformed into a categorical program will be transformed into a (b) program (Example: (b) program (Example: Moderate CI classroomModerate CI classroom))

In this example, record In this example, record Moderate CI classroomModerate CI classroom on IEP, but also make this notation in the on IEP, but also make this notation in the comments section: comments section:

““The recommended program will meet the requirements The recommended program will meet the requirements of a 1758 (b) autism spectrum disorder program.” of a 1758 (b) autism spectrum disorder program.”

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How to Record 1758(b) ASD How to Record 1758(b) ASD Programs on IEP Team ReportsPrograms on IEP Team Reports

The IEP must also make some notation about the student’s The IEP must also make some notation about the student’s ability to function in the recommended program related to ability to function in the recommended program related to class size and staff-to-student ratio. Some class size and staff-to-student ratio. Some examplesexamples of IEP of IEP language:language:

““(Student) is able to function with the required class size and (Student) is able to function with the required class size and staff-to-student ratio of the Moderate CI classroom.” staff-to-student ratio of the Moderate CI classroom.” OROR

““This classroom will be assigned an additional paraeducator This classroom will be assigned an additional paraeducator to provide extra staff support to (student).” to provide extra staff support to (student).” OROR

“ “This classroom will be limited to no more than 10 students, This classroom will be limited to no more than 10 students, which is a manageable class size for (student).”which is a manageable class size for (student).”

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How to Record 1758(b) ASD How to Record 1758(b) ASD Programs on IEP Team ReportsPrograms on IEP Team Reports

If a student is assigned to a 1758 (b) If a student is assigned to a 1758 (b) ASD program, all of the assurances ASD program, all of the assurances stated earlier must be implemented by stated earlier must be implemented by the school district. However, the IEP the school district. However, the IEP Team has the authority to decide Team has the authority to decide whether or not to record other whether or not to record other assurances of the (b) autism programs assurances of the (b) autism programs (such as staff training or nature of (such as staff training or nature of autism consultation) on the IEP Team autism consultation) on the IEP Team report.report. LHW – Kent ISD

Questions and AnswersQuestions and Answers

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