Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Moving to another state is a big undertaking for any family, but it can be particularly complicated when a family member has a disability. The secrets to a successful transition are advance planning and a backup plan in case of problems. Here are a few specifics to keep in mind.

Know what to expect with public benefits

If your family member with a disability is receiving Social Security Disability Insurance (SSDI) benefits, there should be no disruption in payments, as long as you inform the Social Security Administration as early as possible of your change of address. Supplemental Security Income (SSI) benefits should not be disrupted either, but the amount could change. In 2016, the federal maximum SSI benefit for an individual is $733 per month. However, some states add an optional state supplement or make food stamps or other benefits available to SSI beneficiaries, so those benefits may vary by state.

Plan in advance for health care needs

Health care is a primary concern, and in this area much can change when moving to another state. In addition to finding new doctors, therapists and other service providers, you should be prepared for changes in coverage. Private health insurance policies may have different coverage or premiums in another state. If you signed up for health insurance through the Affordable Care Act state exchanges, you can take advantage of a 60-day special enrollment period, but be sure to check the eligibility requirements ahead of time. Medicare benefits should not be affected by an interstate move, but Medicaid will need to be reapproved in the new state, and the services and support available through Medicaid varies from state to state.

Special education and other services

While students with disabilities are guaranteed a free and appropriate public education by the federal Individuals with Disabilities Education Act (IDEA), a special needs student’s Individualized Education Program (IEP) will need to be renegotiated. Other services, such as day care, social programs and in-home services vary greatly from state to state. ABLE Act legislation has not yet been enacted in all 50 states, and special needs trusts should be reviewed by an attorney to ensure that they are up to date and there are no problems created by the move.

Moving to a new state is a big project, but creating a checklist and engaging in advance planning will help you have an organized approach. Even with a detailed plan, it is a good idea to have a backup plan, and an emergency fund, in case of pitfalls along the way.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The U.S. Supreme Court is deciding whether to grant review in a case about the degree of educational benefit that a special education student should receive under an Individualized Education Program (IEP) to satisfy the requirements of the (IDEA). “Clearly, the Supreme Court should hear this important case, as the requirement that a student receive an educational benefit goes to the heart of the IDEA,” says Marion Walsh.  Millions of children around the country certain are entitled to more than “some” educational benefit in public schools and the law should, at a minimum, require meaningful educational benefit.

On May 31, 2016, the U.S. Supreme Court asked the Solicitor General to file a brief expressing the views of the United States on this question.

The plaintiffs in the case Endrew F. v. Douglas County School District RE-1 note  that currently the “courts of appeal are in disarray” on the matter of what constitutes a “free, appropriate public education,” as required for students with disabilities by IDEA.

The U.S. Court of Appeals for the 10th Circuit ruled that Endrew F., a Colorado student with autism, received a free, appropriate public education from the Douglas County school district because he received “some educational benefit,” and the court thus rejected reimbursement to the parents for the cost of private school. Reasoning that the IDEA is only “designed to provide a floor” of educational quality,  the hearing officer determined that the school district had provided Drew with a FAPE.  The parents had removed their son from public school after a dispute over the education he received under his IEP in the fifth grade.

In its decision, the appeals court acknowledged that other U.S. courts of appeal have adopted the higher standard of requiring an IEP to deliver a “meaningful educational benefit.” “The U.S. Court of Appeals for the Second Circuit requires this standards and it should be applied uniformly across the country. The standard is still too low,” says Walsh. In requesting review by the Supreme Court, attorneys for Endrew F. argue that the Court should make use of the case to resolve the dispute over this salient issue.

As it has done with many IDEA cases that seem to present an important question, the Supreme Court asked the U.S. Solicitor General to weigh in. The Solicitor General is under no deadline to file the requested brief, and observers say it is unlikely that a response will be filed before the court adjourns for the summer.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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New York City special education students and their parents should be aware of a potential disclosure of student records for the purpose of a class action lawsuit.

The potential disclosure may affect students who had an Individualized Education Program (IEP) prepared between 2003 and 2016 by the New York City Department of Education (DOE), and either attended a state-approved non-public school or were diagnosed or classified as autistic.

The student records are covered by a confidentiality agreement and would only be disclosed to the parties to the lawsuit, their attorneys, experts and the court.

The plaintiffs in the lawsuit, M.G. v. NYC DOE, are children with disabilities (and their parents) who attended State-approved non-public schools or were diagnosed or classified as autistic and claim that certain DOE policies violated the Individuals with Disabilities Education Act by preventing them from receiving special education services.

Parents who object to the disclosure of their children’s records may file an objection form by August 7, 2016 requesting that protected personal information be removed from those students’ records before they are released. Objecting to disclosure will not affect any rights that students and parents may have under the lawsuit or in relation to the DOE. The full notice and the objection form are located here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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 By Stacy M. Sadove, Esq., Littman Krooks LLP

As school is closing and summer is starting, many parents are looking to find ways to integrate their children in community events and activities for summer. Americans consider baseball a national pastime.  Children of all ages look forward to attending a ball game with friends and family to root on their favorite team.  Yet for children with disabilities, and particularly for children on the spectrum, attendinga baseball game may be too overwhelming.

Autism Speaks and Major League Baseball have teamed up for their Annual event in recognition of Autism Awareness Month to bring a unique experience to fans on the spectrum. Both the Mets and Yankees are participating in this event. The Mets held their game on May 1, 2016, and the Yankees game is set for August 6, 2016.

The games specifically targets fans with Autism, and seek to provide a friendly environment for individuals and their families affected by Autism. Individuals with Autism often have difficulty integrating in community events. Loud noises and over-stimulating environments often prevent individuals on the spectrum from being able to attend events such as a baseball game.

By providing certain accommodations such as dimmed lighting, muted announcements and certain deemed quiet zones with sensory friendly environments, individuals on the spectrum can enjoy the ball park in a whole new way.  A part of the proceeds from ticket sales will go to Autism Speaks. This exciting event is just one of many events scheduled in our area to promote further awareness for Autism. It is encouraging to see so many people educating and reaching out to provide support for Autism awareness.

Littman Krooks applauds and encourages Autism outreach activities. I look forward to this and many more events in our community that our clients can share with children on the spectrum. Let’s play ball.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Our guest blogger this week is Melissa Smith, MS Ed, Youth Mental Health First Aid Trainer, High School Counselor, Advisor of the Warr;ors, Founder of ADHD A New Vision Camp and most importantly proud mother of an 11 year old amazing son who happens to have an ADHD diagnosis.

Sticks and stones may break your bones but words can scar you for life.  A newly formed club high school club at Walter Panas High School called The Warr;ors, is fighting the stigma against mental illness.

The idea to start the club came from an amazing student of mine last year.  She had experienced mental health struggles of her own and wanted to reach out to those she knew struggled with that stigma daily.  We had a lot of leg work to do and we took our time researching if there were any clubs like ours in the region or even the country.  There are movements at colleges around the country but very little mental health advocacy is done at a high school level and nearly none were available in middle schools.

The students decided on the name the Warr;ors; a person that stands up for what they believe in and rights’ ignorance.  We thought using the semi colon to support the “Semi Colon” project was so symbolic: www.projectsemicolon.org.

The Warr;ors Mission Statement:

• To inspire, lead and educate others about mental health and wellness
• Combat stereotypes through school-based trainings and education
• Act as a link to resources for the Lakeland Community

All Warr;ors 16 and older have participated in the Youth Mental Health First Aid training and inspired me to get certified as a trainer in Youth Mental Health First Aid. My students have already touched so many lives and saved two that I am aware of.

We have had two all school assemblies, presented at PTA and SEPTA meetings, pushed into health classes and AP Psychology.

If you would like to see us present, “We All Have Mental Health,” we will be at Lakeland High School on May 17th at 7:30. Email Msmith@lakelandschools.org for more information.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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May is Mental Health Awareness Month. Children and teens are particularly at risk for mental health issues—including depression, anxiety, PTSD and other issues. According to statistics from the Surgeon General, approximately one in five children in the U.S. will experience a mental, emotional, or behavioral disorder between kindergarten and graduation. Failure to address childrens’ mental health needs can have devastating consequences.

Despite the high frequency and the need for help, too many myths and unspoken stigmas plague families who have children struggling with mental health issues. NAMI Westchester offers peer-directed programs in education and support at no-cost. These programs support families, individuals living with mental illness, students, and mental health and school professionals.

More discussion and a public health approach are necessary to address disorders and promote mental health in children. Addressing mental health issues are the responsibility of a parent, school and community, as parents cannot promote mental health alone. As noted by the National Association of School Psychologists, schools are excellent places to promote good mental health. Children spend a significant amount of time in school, and educators have the opportunity to observe and address their needs. Doing so effectively requires developing the capacity both to reinforce children’s natural mental health strengths and to identify and respond to children suffering mental health disorders.

To learn more about both the effects of bullying and mental health and what you can do, you are invited to a seminar:  Understanding the Legal Obligations of a School District Regarding Bullying and Student Mental Health

If your child has a mental health issue, it is important to understand how to seek community support and to understand the legal obligations of your school district.  Too many parents view mental health issues as a “private issue” or believe that things will improve. It is almost impossible for parents to handle mental health issues alone. An experienced attorney and advocate can help you work with your child’s or teen’s school in complex situations involving children’s mental health. Read  about “Signs of Mental Health Problems in Children” by clicking here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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One approach to making this important decision is to run through the following checklist, which touches on the senior’s health status, medical needs and housing situation. Wherever potentially dangerous situations are revealed, some changes need to be made. The nature of the specific issue will help determine whether what is needed is a change within the home or a move to assisted living or a nursing facility.

• Does your parent forget to take needed medications? Are they taking the correct dose at the right times?
• Is your parent able to shop, cook and clean on their own?
• Are your parent’s bathing and grooming habits normal?
• Is your parent vulnerable to telephone or Internet scams or unscrupulous salespeople or money managers?
• Is your parent able to pay bills and otherwise manage money properly?
• Does your parent experience social isolation? Are there friends or other family members who visit?
• Is there a plan for your parent to follow in case of an emergency?
• If your parent is driving, are they able to do so safely? If not, are other means of transportation available?
• Can your parent operate home appliances safely? Is there a danger of burns, leaving the stove on or other hazards?
• Has your parent fallen? Are there bruises that your parent cannot explain adequately?
• If your parent’s home has stairs, can they navigate them safely? Are grab bars, ramps or other safety measures needed?

Addressing these kinds of concerns can be emotional and difficult, but there is no better way to care for your parent than to protect their health and safety.

Learn more about our services by visiting www.littmankrooks.com or www.elderlawnewyork.com.

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The New York State Education Department has published guidelines on testing accommodations for students with disabilities.

In order for students with disabilities to participate equitably in state and local assessments, changes in testing procedures are necessary. However, in September 2015, the Common Core Task Force formed by Gov. Cuomo received reports from special education teachers and parents stating that many special education students were not receiving the testing accommodations specified in their individualized education programs (IEPs). The Task Force therefore recommended that formal guidance be issued to districts to ensure that students get the testing modifications they need.

The Department of Education guidelines state that the Section 504 Multidisciplinary Team or the Committee on Special Education must identify and document the testing conditions needed by each student, in the student’s IEP or 504 plan. The guidelines provide that all students with disabilities, including students taking the New York State Alternate Assessment, should have testing modifications recommended as appropriate.

In order to recommend the appropriate changes to the testing procedures, the guidelines state that committee members, including students and parents, should be aware of the purpose of the test being administered, the rationale for the necessity of testing accommodations, and what kinds of modifications are available and how they are administered.

The Education Department guidelines make clear that each teacher and provider must be informed of the need for testing changes and their responsibilities in implementing the recommendations in the student’s 504 plan or IEP. They further state that if a school fails to provide needed modifications, a student’s test score may be invalidated.

Parents can learn more about testing accommodations at the Education Department’s Office of Special Education.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The goal of the awareness campaign is to help the American public learn how to keep their financial and estate plans up to date.  Financial Literacy Month was officially designated by a Congressional proclamation.  NAEPC is joining with financial professionals, nonprofit organizations and financial services organizations to promote financial literacy. To learn more about the NAEPC Education Foundation and their improving financial awareness campaigns, please visit: http://www.estateplanninganswers.org/national-financial-awareness-campaigns/.

The organizations believe increased awareness is necessary, as evidenced by the following:

• An estimated 120 million Americans lack a proper estate plan, making estate planning a severely overlooked area of financial management.
• Most Americans over 65 depend totally on Social Security, but with increased knowledge and planning, seniors could be more secure.
• Estate planning is important for everyone, not just wealthy people.  Issues such as managing assets and bill payments in the event of a disability or disease can be handled carefully with advance planning.
• Most Americans are unable to adequately plan for retirement.  With proper knowledge and planning, that can change.

If you have delayed creating or updating your estate plan, now is the time to take action.  You will need to gather and organize your financial information, decide on your personal financial goals, and seek out an estate planning attorney to develop your estate plan.  An estate plan should be updated at least every three years or whenever there is a change in your situation such as marriage, divorce, births or deaths, or a substantial change in the size of your estate.

Learn more about our services by visiting www.littmankrooks.com or www.elderlawnewyork.com.

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By Stacy M. Sadove, Esq.

The last day to register to vote for the New York Presidential Primary Election (held on Tuesday, April 19) is March 25, 2016. With this date quickly approaching, many parents of adult children with special needs question whether their child will have the opportunity to vote when they turn 18. In the last election cycle, 15.6 million people with disabilities voted, according to a 2013 Research Alliance for Accessible Voting survey report.  Parents who pursue a guardianship on behalf of their child, may wonder if their child will still have the ability to vote if they move forward with a necessary guardianship to assist their child in making decisions, both medical and financial.  Key issues that arise regarding voting are competence, legal guardianship and voter assistance.  While a guardian has authority to protect the interests and rights of the person with the disability and to make decisions on his or her behalf, certain fundamental rights are not taken away from a person with a disability even though a legal guardian has been appointed, if that person is not deemed incompetent.

N.Y. ELEC. LAW § 5-106(6) states that no person who has been adjudged incompetent may vote in New York. The key word here is incompetent.  New  York’s Article 17A guardianship law is silent as to declaring a person incompetent. Rather, they are determined as a person with a developmental or intellectual disability in need of a guardian. Moreover, Pursuant to N.Y. MENT. HYG. LAW § 33.01, receipt of services for mental disability shall not deprive persons of the right to register and vote if otherwise qualified. It’s important to note there is no legal test for registering and voting but the individual must understand the nature of voting and decisions to be made. Similarly, persons who are not adjudicated incapacitated, but rather consent to being in need of a guardian under New  York Article 81 guardianship law, may also engage in voting so long as they meet the other requirements mandated by the law.

Speak to your child or family member with a disability about their right to vote and be sure to assist in registering in time to allow that person to vote come election day. Deciding if a guardianship is appropriate for you loved one is a difficult process, and there many decisions to be made with respect to the rights of an individual, and how a guardianship will effect those rights, such as voting. The lawyers at Littman Krooks LLP will happily assist you in providing answers to difficult questions with respect to commencing a guardianship proceeding and determining a plan of action that best suits you and your loved one.

(The last day to register to vote for general election should be postmarked by October 14, 2016 and received by October 19, 2016; or handed in-person by October 14, 2016).

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Littman Krooks attorneys and advocates are proud to celebrate National Developmental Disabilities Awareness Month (DDAM) during March. This month-long celebration recognizes the community contributions that people with intellectual and other developmental disabilities – as well as their advocates – make every day.

Much progress has been made in our society’s treatment of people with intellectual and other developmental disabilities. Parents are no longer pressured to send their children away to institutions, and more doors than ever before are open to people with disabilities.

People with developmental disabilities have proven to be reliable workers and excellent volunteers, capable of meeting or exceeding expectations and standards. Thanks to organizations like NYSARC, people with disabilities are leading richer, more fulfilling lives. But there are still challenges: as many as 60% of individuals with disabilities—7 million nationwide—remain unemployed.

You can help by hiring a person with a disability; inviting people with disabilities to participate in your civic organization or community activity; contacting your legislator and asking them to support citizens with disabilities in your community; giving time or money to an organization supporting people with disabilities; or even just teaching your children that all people have something to contribute.

• Learn more and register for our Special Education Speaker Series, a series of presentations focused on the educational challenges facing students with special needs.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Amy C. O’Hara, Esq., Littman Krooks LLP

Parents of children with special needs often have unique financial concerns, and one way to ease those concerns is to reduce their tax burden.

There are many tax deductions and credits available that parents may not be aware of. Parents of children with special needs should familiarize themselves with the deductions and credits and take care to document all expenses related to their children’s medical expenses, development and therapy.

Here are 5 useful tax deductions and credits for parents of children with special needs:

1. Medical & Therapy Expenses

The first type of deduction to consider is for medical and therapy expenses. For income tax purposes, learning disabilities are a type of medical condition. This may include autism, ADHD, cerebral palsy, and other learning disabilities.

While these expenses are limited by 10 percent of adjusted gross income, the limitation may be exceeded by certain types of out-of-pocket expenses.

Such expenses can include the following:

• Special schooling such as: tutoring that is specifically intended to address the special needs of the child.
• Regular education when it is intended to treat the child’s special needs.
• Aides that a child may require to benefit from education.
• Exercise programs, if they are recommended by a medical professional.
• Transportation to and from special schools or therapy sessions.
• Equipment, devices and supplies necessary to treat or alleviate a medical condition, including technology items such as communication devices.

2. Specialized Foods

A gluten-free, casein-free diet can be used as a deduction provided it is medically recommended. Generally, only the additional cost of the specialized foods over and above what would be paid for similar items is deductible.

3. Legal Expenses

In some cases, legal expenses related to your child’s special needs may be deductible, for instance if you hire an attorney to help you prove that your child’s medical expenses are legitimate.

Tax Credits

Even more helpful than a tax deduction is a tax credit, which applies directly to the amount of tax you owe. The tax credits most helpful to parents of special needs children are the Child and Dependent Care Credit and the Earned Income Credit. In both cases, a credit that is normally only available for children may also be used for an older child with special needs.

4. Child and Dependent Care Credit

The Child and Dependent Care Credit may be applied when you pay someone to care for your dependent, and it provides a tax credit of up to $3,000 per dependent, to a maximum of $6,000 for two or more dependents.  Child-care, after-school programs and day camp qualify for the credit.

The credit is available for children under the age of 13, but the age limit does not apply to older children with special needs.

5. Earned Income Credit

The Earned Income Credit can also be useful for parents of children with special needs. The credit generally may be applied by families with a low to moderate income and children under the age of 19, or up to age 23 for full-time students. However, for adult children living with their parents, the age limit does not apply.

In Conclusion

Parents of children with special needs know that there are unique challenges involved, including financial hurdles. However, with careful planning and the assistance of an experienced attorney who is sensitive to special needs issues, you can make sure you do what is necessary to reduce your tax burden and protect your child’s interests.

Learn more about Littman Krooks services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Sandi Rosenbaum, Educational Advocate, Littman Krooks LLP

Although special education students in New York can pass their Regents exams with lower scores than students without disabilities, they do not have the same ability to appeal if they fall short. One New York parent, whose son was one point away from passing a Regents test, is advocating for change.

Generally, students in New York who do not have disabilities must achieve a score of 65 or higher on five Regents exams in order to receive a diploma. However, such students can appeal up to two Regents exam scores as low as 62, provided they earn a passing course grade and demonstrate strong attendance. While a successful appeal does not change the Regents exam grade on the transcript, it does allow the school district to grant a diploma to students who have fallen short on the exam, but otherwise demonstrated mastery of the high school curriculum.

Students with disabilities benefit from the so-called “safety net” and must generally score 55 or higher to pass the Regents exams. On some exams, even a score as low as 45 may suffice if it is offset by another exam score of 65 or better, but this compensatory option does not apply to the Regents exams in English and Math. While the safety net provides meaningful relief to students with disabilities, those who approach, but do not achieve, a score of 55 on the English or Math Regents exams have no ability to appeal for a diploma as do students without disabilities who come within a similar margin of passing.

A Brooklyn resident and mother of an 18-year-old son with a learning disability, took action when her son was poised to come within one point of earning his diploma. He passed four Regents exams, earning scores as high as 79, but was unable to score higher than a 54 in algebra, even after taking the exam three times. She said that, as a high school diploma was essential for her son to be considered for many jobs that he would be capable of performing, she was determined that he would not be denied a diploma over one point on one exam at his anticipated graduation in June 2016.

New York officials responded to her concerns and said that the Board of Regents would vote on a rule in December to allow special education students to appeal for the right to a diploma if they achieve a score of at least 52. Officials said the change would not be a lowering of standards, but an inclusion of special needs students without diminishing their ability to achieve.

Practical Pointer: Students with disabilities may remain in school and continue to receive services until age 21 or until they earn a Regents or local diploma, whichever comes first. Parents must keep in mind that students may earn a Regents or local diploma and a Career Development and Occupational Services Credential, which attests to important work readiness skills and requires work experience. For many students with disabilities, graduating with a Regents or local diploma at 18 does not represent the best option and may deprive the student of the opportunity to develop needed work-readiness skills, as a school district’s mandate to provide a free appropriate public education (FAPE) ends when the diploma is earned. Thus, the decision to appeal must be considered carefully against the benefits the student may receive from potential additional year(s) of schooling while he or she pursues the score of 55.

It remains to be seen whether the opportunity for appeal will apply to both of the English and Math Regents exams simultaneously, or only for one or the other.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Guardianship can be an important legal tool to help family members care for a loved one who is unable to make his or her own decisions due to an illness or disability. Guardianship is determined in state court proceedings. However, when moving to another state, the question often arises whether it is necessary to transfer the guardianship to the new state or begin new guardianship proceedings.

The necessary legal action in a particular case depends on your individual circumstances, including the type of guardianship in question, the state you are moving from, and the state you are moving to. You should consult with an experienced elder law attorney or special needs attorney in both the state you are moving from and the state you are moving to, in order to determine what is needed in your case. However, some general information is presented here.

In many cases, transferring the guardianship to the new state will be desirable or even necessary. Facilities such as nursing homes, group homes and assisted living facilities may insist that a guardianship be authorized by the state where they are located. However, in most cases, the process should not be complicated. That is because 44 states, including New York, have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which provides that the substantive findings of the original state in a guardianship proceeding be adopted by the new state, streamlining the transfer process.

If you are transferring a guardianship from or to a non-UAGPPJA state, the process can be significantly more complicated. A new guardianship proceeding may be required in the new state, and there may even be a court process required in the original state before moving the ward out of the original state.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Siblings are included in the protections of the Family and Medical Leave Act (FMLA) in some circumstances.

The FMLA, enacted in 1993, provides for eligible workers to take unpaid leave for up to 12 workweeks per year because of their own serious health condition or to care for their spouse, parent or child with a serious health condition. Siblings have never been explicitly included in these protections. However, the Department of Labor Wage and Hour Division, which implements the FMLA, has clarified that siblings are protected in certain cases.

The Department has clarified the definition of “son or daughter” in two ways that benefit families who work together to care for a family member with a disability:

First, the Department has clarified that “son or daughter” includes both children under the age of 18, and adult children who are incapable of self care because of a physical or mental disability.

Second, “son or daughter” has been clarified by the Department as including individuals for whom the worker seeking leave is acting “in loco parentis,” which means “in the place of a parent.” This may include siblings who have day-to-day responsibility for caring for the child or adult with a disability.

With these detailed updates from the Department of Labor, it is clear that otherwise-eligible employees who are siblings with the day-to-day responsibility of caring for a brother or sister, including an adult brother or sister incapable of self-care due to a disability, are protected under the FMLA when they must take leave from work to care for their sibling.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Marion M. Walsh, Esq.

This September, many parents have dropped their children off for the first time at college and are adjusting to a new type of parenting and advocacy.  For all parents, particularly parents of students with disabilities, the transition brings great pride, but also a significant amount of concern and worry. By taking careful steps, you can ensure that you remain an effective advocate in your new capacity.

The transition from youth to adulthood brings important legal changes that all parents must know how to navigate when continuing to advocate for your child.   When your child turns 18, absent a guardianship, he or she becomes an adult and important rights transfer.  Most states, including New York, set the age of majority at 18.  This transfer has significant legal consequences.  Absent a guardianship, which is generally not appropriate for a student attending college, an adult who is not incapacitated has the right to make educational, medical and most other decisions for himself.  So, for example, if your child decides not to seek accommodations for his or her disability, you must respect this right.

This does not mean you have no role in your child’s education, but your child is driving all decisions and you must know what to expect.   Once the student is 18 parents are no longer automatically part of the process or are even apprised of progress, unless the student chooses to include them.

As you move forward for the next year, you must keep in mind these important legal changes, particularly if your child has a disability.

Five Tips for Transitioning to the Advocate of a Young Adult

1. Assist Your Child in Advocating, but Do Not Act as the Primary Advocate.

Remember, you are no longer your child’s primary advocate.  The advocacy role must change to your child.  Thus, ensure that your student has all the information he or she needs to access needed accommodations or care. Make sure your student registers with the Office of Disabilities on campus.However, if your student chooses to not disclose a disability or seek accommodations, this represents his or her decision and you can no longer require him or her receive accommodations or services.  You should not call professors to ask for extra help for your child you cannot require your child to be hospitalized, even in a crisis, unless he or she is a danger to himself/herself or others.  Parents act as supporters but are no longer the primary decision makers for your child.

2. Understand Different Legal Obligations of College.

You must understand the different legal rights of individuals after leaving public school, as an important first step.   As most are aware, if your child has graduated or aged out of special education services,  Section 504 of the Rehabilitation Act and the Americans with Disabilities Act only protect students from discrimination, but do not require affirmative services.  If your child received special education services under the Individuals with Disabilities Education Act (IDEA),  these services only extend through the school year in which the child turns 21 or graduates  –  whichever comes sooner (although you do still retain parental rights to advocate for past services with your school district).

Significantly, after high school, colleges are no longer required to provide a FAPE.  The post secondary school is only required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. The appropriate academic adjustments must be determined based on the student’s disability and individual needs.    Academic adjustments may include auxiliary aids and services, as well as modifications to academic requirements as necessary to ensure equal educational opportunity. In addition, the college does not have to make adjustments that would fundamentally alter the nature of a service, program, or activity, or that would result in an undue financial or administrative burden. A college does not have to provide personal attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature, such as tutoring and typing.

3. Ensure that Your Child Signs FERPA and HIPAA Authorizations. 

The Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protect privacy and require access to records.  These rights of access and privacy transfer to your student at 18 years of age.    FERPA rights transfer and a college will not send you records upon your request or speak to you unless your child has signed consent or another exception applies.   For example, if you can show the student is financially dependent with a tax return, the college has the obligation to share information with you.  Even with the consent, you will not automatically receive grades and records; you must request such records.  HIPAA rights transfer, and student consent will be required if the parties are seeking medical records from a physician or therapist.

Ensure that your child has signed FERPA and HIPAA waivers so you may obtain records and speak to school or hospital staff.  Make sure that you are familiar with the school’s policy.

4. Have Power of Attorney and Health Care Proxy Signed.

A Power of Attorney gives you the right to act on your child’s behalf in case your child becomes incapacitated.  This form represents an important tool to have when your child is in college and, in particular, if your child is living away from home.   In addition, it is best to have a Health Care Proxy and Advanced Directives signed as soon as possible, so that you can step in and make important medical or legal decisions, if your child becomes incapacitated at college.   Any adult must prepare for the unexpected.  You can talk to an experienced attorney about having your child sign a Power of Attorney, Health Care Proxy and Advanced Directives.

5. Remain an Involved Parent.

The transition to the parent of an adult does not mean that you cannot remain involved in your child’s life. Particularly if you are financially responsible, you have the right as a parent to set expectations and rules for how your child communicates and performs.  Parent weekends represent an important way to connect and you can join a parent networking group.  While it is unreasonable to expect direct communications with your child’s teachers, once you have the FERPA form signed, you may contact a dean about any concerns and ask for an appropriate amount of support or monitoring.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Medicare is well-known for providing health insurance for people age 65 and older. However, Medicare can also provide health coverage for younger people with disabilities, so if you have a disability, it is important to know how you may qualify for Medicare.

The first step is to apply for disability benefits through the Social Security Administration. To qualify for Social Security disability insurance (SSDI) benefits, you must not be working a substantial amount, you must have paid FICA taxes for a long enough period to qualify, and you must have a severe medical condition that prevents you from working and has lasted or is expected to last at least one year, or result in death. If you have not paid enough into the system with your taxes, then you may still be able to apply for Supplemental Security Income (SSI), if you meet the income and asset limits.

Once you have been entitled to Social Security disability benefits, or Railroad Retirement Board benefits, for 24 months, then you will automatically be enrolled in traditional Medicare (Parts A and B), as opposed to a Medicare Advantage plan (Part C). If you wish to switch to Medicare Advantage, or enroll in Medicare Part D prescription coverage, you may do so during your initial enrollment period, which starts three months before your 25th month of disability and ceases three months after your 25th month of disability. You may also make such changes during the yearly enrollment period, which is from October 15 to December 7 each year.

As noted above, after becoming entitled to SSDI benefits, there is a two-year waiting period to become eligible. However, there are two exceptions. People with amyotrophic lateral sclerosis (ALS) can get Medicare when they are entitled to receive disability benefits. For people with end-stage renal disease with kidney failure who require a kidney transplant or ongoing dialysis, Medicare coverage can start three months after your dialysis starts.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Marion Walsh, Esq.

This week, we celebrate and applaud the 25th Anniversary of the Americans with Disabilities Act (ADA).  In our firm, we work each in every day to help individuals with disabilities achieve meaningful benefits and live a fulfilling life.  The ADA and the ADA Amendments Act of 2008 guarantee civil rights protections to individuals with disabilities—whether physical, cognitive or emotional– and prevent discrimination.   The law ensures equal opportunity for individuals with disabilities for access to public spaces, businesses, employment, transportation, state and local government programs and services, and telecommunications.

We reaffirm the findings of the ADA as articulated by Congress in 1990, which unfortunately remain equally true today:

• physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
• historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
• discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
• unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
• individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
• census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
• the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
• the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.  Americans with Disabilities Act, 42 U.S.C  12101(a) (1990).

As we move on to the next 25 years and beyond, we share a hope that the ADA will realize its potential of providing access and greater understanding to those with disabilities and full inclusion in society.  We must focus understanding and research not only on those with obvious physical disabilities but for those with “hidden” disabilities that may not always be apparent but can be severely debilitating, as the ADA protects both physical and mental impairments.  Our schools, workplaces and public spaces should work toward utilizing universal design so that all can access learning, programs and services in an individualized fashion, in a reasonable manner.  We need research, understanding and best practices toward how we can help individuals facing challenges self-actualize and maintain true integration in society.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Marion M. Walsh, Esq.

The end of the school year can bring relief for many students and parents, but also uncertainty and trepidation about the summer months. The new school year technically beings on July 1, 2015, although most students will not begin school until September. Many students do regress academically, behaviorally or emotionally during the summer months and require Extended School Year (“ESY”) services over the summer.

Only certain students with disabilities qualify for ESY or summer services, which generally run for six weeks from July 6th through approximately August 14th this year, although some districts may have different dates and shorter programs. The Individuals with Disabilities Education Act and New York State Regulations technically allow Extended School Year services for students likely to experience substantial regression, as measured by whether the student has regressed academically during breaks during the school year. The CSE may allow ESY services for students who regress emotionally or behaviorally, if appropriate. Specifically, the law provides that the CSE must consider ESY services to prevent substantial regression for students:

• In special classes with management needs that are highly intensive and require a high degree of individualized attention;
• in special classes with severe multiple disabilities, whose programs consist primarily of habilitation and treatment
• who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention or who have severe multiple disabilities;
• whose needs are so severe that they can be met only in a seven-day residential program; or
• receiving other special education services who, because of their disabilities, exhibit the need for twelve-month special service and/or program in order to prevent substantial regression.

An ESY program is very different from summer school which high schools may offer for typical students. Summer school credit recovery programs focus on the needs of students who have failed classes or need support during the summer months.

For students who are in summer ESY programs, it is important for parents to monitor closely and take immediate steps to rectify any concerns, as the six weeks passes quickly . Too often, school districts throw ESY programs together too quickly and do not ensure appropriate groupings or activities. Be sure to monitor your child’s progress and put all complaints in writing.

Here are some questions our parents have asked about summer programs:

Q: My child’s program only has very disabled peers and looks very different from her school year program. Is this appropriate?
A: Your child’s summer program should allow her to progress in the Least Restrictive Environment. Consider what type of public program your child needs to have interaction with non-disabled peers. The CSE should offer a continuum of placements and the program should have essentially the same level of inclusion as his or her school year program. The Second Circuit Court of Appeals in 2014 found that an ESY program was substantively inadequate, as the CSE failed to consider an appropriate continuum of alternative ESY placements and place the student in his LRE on that continuum. The District claimed the program was appropriate and noted that it only offered certain limited programs in the summer months. But the Court held that: “a child’s LRE is primarily defined by the nature of the child’s disabilities rather than by the placements that the school district chooses to offer.” T.M. v. Cornwall Central School District

Q: How can I monitor my child’s progress?

A: Work closely with your child’s teacher to monitor the work and how he is doing. Pay close attention to the level of supervision and monitoring. Make sure any concerns about bullying are addressed promptly. Here are some questions to start with, in a dialogue with your child’s teacher:

• Is my child working on his or her goals?
• Does this class provide an appropriate group of students?
• Is the program addressing the specific areas of weakness?
• Are staff appropriately trained on her area of disability?
• Is there adequate supervision?
• What about field trips?

Q: My child needs a break from school and we have long family vacations. Can I pull her out of the summer program?

Speak with the CSE and the District and notify staff that you are considering removing your child from the summer program because of needed family time or simply down time. You may also decide that your child needs a recreational program to develop social skills. Ask if you think removing her will have an impact or affect her progress. If your child is in a school district program, it is unlikely that this will cause difficulties. However, do keep in mind if you do not access the summer program for your child and complain about lack of progress or regression in the fall, the CSE may consider the fact that she did not attend the summer program. Also, if your child is in a specialized school, this will probably not be appropriate and the school may state attendance is mandatory. If your child is in a twelve month residential program, this will not be an option.

Q: My child’s CSE in May stated my child did not regress during breaks, but I see significant regression. They had no data. What can I do?

Whenever you disagree with any decision of a CSE, you have the right to file for due progress. While it is late in the year to file for summer, you may file for compensatory services. It’s best to talk to an attorney about the options. Also, in the next school year, be sure to ask the teachers before each break to measure regression. Keep your own records as well, as to basic skills your child has before each break and after.
Q: I do not believe that my child’s ESY program is appropriate and am sending him to a private camp. Can I seek reimbursement from the school district?

Yes. You do have the right to file for due process and may seek reimbursement for private services. If the private summer program you chose offered individually tailored special education services, you may prevail in a claim. Keep in mind that it is the law does not allow recovery for camping and recreation programs, however. A hearing officer could order reimbursement if: 1) there has been a denial of a free appropriate public education; 2) the private services are appropriate and 3) equitable considerations support the claim.
In short, ESY services represent an important aspect of your child’s special education program. If you have questions or do not believe the program is appropriate, it is best to speak to an experienced special education attorney about your child’s case.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Trusts are a common estate planning tool and are used to keep assets out of a probated estate or to reduce an estate tax burden. Trusts can also be used to protect one’s heirs. There are instances when it may not be in a person’s own best interests to inherit funds directly.

A direct inheritance may prove detrimental in the case of an heir with special needs. The families of individuals with special needs have often arranged their finances such that the individual will be eligible for Supplemental Security Income, Medicaid and other public benefits. These programs are needs-based, which means that if the individual’s income or assets rise above a certain level, the benefits could be lost. In a case like this, a direct inheritance could do more harm than good, and a solution may be a special needs trust or supplemental needs trust, which can be used to provide for certain supplemental needs of an individual while preserving their eligibility for benefits.

In other cases, a person planning their estate may wish to consider certain circumstances in the lives of their heirs that could put an inheritance at risk. This may include a variety of situations. Some heirs may be unlikely to be able to manage money in their own best interests, due to their youth, their spending habits, or circumstances such as a substance abuse issue. There may be reasons that an heir is likely to become a defendant in a lawsuit. In other cases, if an heir divorces, then the divorced spouse may claim a share of assets inherited directly. In the case of a second marriage when there are children from a prior marriage, a person planning their estate may wish to ensure that their grandchildren are provided for, not their child’s second spouse.

A qualified estate planning attorney can design an asset protection trust or spendthrift trust to protect your family’s assets against such risks. The details of the trust and its power to protect assets depend on individual circumstances and state and federal law. Generally, a trust can be used to restrict a beneficiary’s ability to assign his or her interest in the trust to another person and restrict the rights of creditors to reach the assets of the trust. However, it is important to recognize that, depending on applicable law, the trust assets may be able to be reached to satisfy certain obligations, such as child support or taxes. To learn more, meet with an estate planning attorney at Littman Krooks.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The proposed rules are intended to protect investors from being steered into investment products that are unduly complex or otherwise inappropriate. One situation where small investors are particularly at risk is when they roll over funds from 401(k)s, which are managed by employers, into IRAs. Under current rules, brokers advising investors on that transaction do not necessarily have to act in the investor’s best interest. Instead, they may be influenced by higher commissions on certain investment products.

The new rules would modify the Employee Retirement Income Security Act (ERISA), passed in 1974, broadening the circumstances in which investment professionals are required to act as fiduciaries, or in the client’s interest. Currently, only registered investment advisers are required to act as fiduciaries, while brokers making recommendations about retirement investments are only required to offer “suitable” investments. There is enough leeway under this definition for brokers to steer investors toward products with a high commission that may not actually be in their best interests. Under the new rules, brokers would still be able to charge commissions, but they would enter into contracts with investors stating that they are required to act in the investor’s interests, and disclosing any conflicts of interest.

If the proposed rules are finalized, expanding the circumstances when an investment professional is required to act as a fiduciary is expected to save investors $40 billion over ten years.

Now that the proposed rules have been announced, the Labor Department will accept comments from the public for a period of 75 days, after which the content of the final rules will be decided.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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The proposed rules are intended to protect investors from being steered into investment products that are unduly complex or otherwise inappropriate. One situation where small investors are particularly at risk is when they roll over funds from 401(k)s, which are managed by employers, into IRAs. Under current rules, brokers advising investors on that transaction do not necessarily have to act in the investor’s best interest. Instead, they may be influenced by higher commissions on certain investment products.

The new rules would modify the Employee Retirement Income Security Act (ERISA), passed in 1974, broadening the circumstances in which investment professionals are required to act as fiduciaries, or in the client’s interest. Currently, only registered investment advisers are required to act as fiduciaries, while brokers making recommendations about retirement investments are only required to offer “suitable” investments. There is enough leeway under this definition for brokers to steer investors toward products with a high commission that may not actually be in their best interests. Under the new rules, brokers would still be able to charge commissions, but they would enter into contracts with investors stating that they are required to act in the investor’s interests, and disclosing any conflicts of interest.

If the proposed rules are finalized, expanding the circumstances when an investment professional is required to act as a fiduciary is expected to save investors $40 billion over ten years.

Now that the proposed rules have been announced, the Labor Department will accept comments from the public for a period of 75 days, after which the content of the final rules will be decided.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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By Bernard A. Krooks, Esq.

Clients often ask us how much it will cost to get a guardian appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance.

First, let’s not forget that you should be doing everything possible to ensure that a guardianship does not become necessary.  What do I mean by that?  Make sure you and your loved ones have executed advance health care and financial directives such as a health care proxy, living will and durable power of attorney.  In addition, you should discuss your wishes with the people you appoint as your agents under these documents.  By taking these steps you will reduce the likelihood that a guardianship will ever become necessary.  Nevertheless, sometimes a guardianship becomes necessary even if you have taken care of your estate planning in advance.  Thus, this article to discuss the fees involved.  Keep in mind that guardianship procedures differ state by state (and sometimes even among different counties in the same state) and we are talking only about downstate New York below.

Also, we are assuming that there is no wild peculiarity. If you file a guardianship petition as to your mother and your brother hires an attorney to contest the guardianship in any way, then all bets are off as to what the guardianship will cost.  Among other things, your brother may claim that mom does not need a guardian or he may disagree with you as to who the guardian should be.  This is called a contested guardianship and there is no way to predict the total costs involved.  Suffice to say that it will cost much more than an uncontested guardianship proceeding.

And finally, we are only talking about the cost of getting you (or someone) appointed as guardian. You may need legal assistance after the appointment, as well (in fact, you probably will). That will depend on the complexity of your family member’s guardianship — and that can increase for a variety of reasons.

Now that we have gotten all the disclaimers out of the way, here’s a summary of the expected costs:
1.    Court filing fees and process server fees.  Assume about $500 here. Most of that is the filing fee itself, which has to be paid before things get underway.

2.    Your lawyer’s fees. If you hire an experienced guardianship law firm to represent you, your legal fees are likely to be several thousand dollars for an uncontested guardianship. This fee will be your responsibility regardless of how the proceeding turns out. It can (subject to court approval) be reimbursed from your family member’s resources if you are successful, but most lawyers will expect to be paid up front out of your funds, or soon after proceedings are initiated, and not wait until you have been appointed and can get access to the parent’s or other relative’s funds.

3.    The court-appointed lawyer’s fees. Unless your family member already has a lawyer (and you can’t select one for him or her — it would have to be someone they already had a relationship with or they hired after the proceeding began) the court, in some cases, will appoint an attorney to represent them. The lawyers who accept these appointments come from a rotating list, and they mostly charge their regular hourly rates. The bottom line: don’t be at all surprised if the court-appointed lawyer’s bill exceeds a few thousand dollars.   Fortunately, in most uncontested cases, there is no need for a court-appointed lawyer.

4.    The court-appointed investigator; otherwise known as the court evaluator. Another list of court appointees yields someone who has a social work, medical or legal background, and who is appointed to report to the court about your family member’s circumstances. In most cases, this person is a lawyer despite the fact that this person does not perform a legal function.  The cost for that investigation and report is frequently in the range of a couple to a few thousand dollars.

5.    Bond premiums are due if you (or someone else) are appointed guardian of the property. The premium for this insurance policy can be paid from your family member’s assets. The cost of the bond varies by the size of the estate being managed. Surety bonds can be difficult to purchase at any price, and the availability of bonding companies is often limited.

Add all that up and you can see that the cost of getting a guardian appointed will probably exceed several thousand dollars and can quickly grow to more like $10,000. And remember: that only gets you to the starting point. Additional costs for lawyers, accountants and court proceedings will add more to that figure over the years after your appointment. All the more reason to make sure you and your family are doing everything possible to avoiding the necessity of a guardianship proceeding.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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One method is to donate appreciated securities. If you own stock that has appreciated over time, you may owe a long-term capital gains tax if you were to sell it, so it is not actually worth the full amount to you. However, if you donate the stock to charity instead, the charity will receive the full value when they sell it, and you can deduct the full value when you file your taxes. If you wish to use this technique with multiple charities, you may wish to set up a donor-advised fund.

With regard to your estate plan, you can save on taxes by using money in your individual retirement account (IRA) for any charitable bequests you wish to make. IRA withdrawals to human heirs are usually taxable, but charities can receive the full value without paying income tax. Then you can leave other assets to your heirs without them owing income tax. If you leave appreciated assets to your heirs, they can avoid paying tax on gains made during your lifetime.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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One method is to donate appreciated securities. If you own stock that has appreciated over time, you may owe a long-term capital gains tax if you were to sell it, so it is not actually worth the full amount to you. However, if you donate the stock to charity instead, the charity will receive the full value when they sell it, and you can deduct the full value when you file your taxes. If you wish to use this technique with multiple charities, you may wish to set up a donor-advised fund.

With regard to your estate plan, you can save on taxes by using money in your individual retirement account (IRA) for any charitable bequests you wish to make. IRA withdrawals to human heirs are usually taxable, but charities can receive the full value without paying income tax. Then you can leave other assets to your heirs without them owing income tax. If you leave appreciated assets to your heirs, they can avoid paying tax on gains made during your lifetime.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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In the past, making alterations to irrevocable trusts was an expensive and public process that was generally done through the courts.  In 1992, New York was the first state to enact a decanting statute.  In 2011, this statute was amended, making it easier to alter irrevocable trusts.

Trust decanting is a powerful tool which allows trustees to shift assets from one trust to a new trust. The ability to decant a trust empowers a trustee to extend the term of a trust or push back the age at which a trust beneficiary will have a right to the trust funds, create tax advantages, correct drafting errors, remove trust beneficiaries, and consolidate two or more trusts or create separate trusts.

Decanting is especially helpful in situations where the irrevocable trust has not been updated in response to changes in the law or in a family’s circumstances.  If a trust meets certain criteria, decanting can be done outside of the court system, making it more affordable and private.

Trust decanting can be particularly useful where a beneficiary may be disabled and needs to rely upon government assistance.  There are occasions when a trust is initially created, perhaps by a grandparent or parent for the benefit of a grandchild or child and the beneficiary’s disability may not have been known at the time. Under certain circumstances, the trust can be decanted to a new trust that provides for special needs trust provisions for the beneficiary, which will allow the beneficiary to maintain eligibility for government assistance.

Reviewing your trust documents regularly is important to assure that your documents reflect your family circumstances.  Meet with one of our experts to determine if trust decanting can be helpful to you.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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Trust decanting is a powerful tool which allows trustees to shift assets from one trust to a new trust. The ability to decant a trust empowers a trustee to extend the term of a trust or push back the age at which a trust beneficiary will have a right to the trust funds, create tax advantages, correct drafting errors, remove trust beneficiaries, and consolidate two or more trusts or create separate trusts.

Decanting is especially helpful in situations where the irrevocable trust has not been updated in response to changes in the law or in a family’s circumstances.  If a trust meets certain criteria, decanting can be done outside of the court system, making it more affordable and private.

Trust decanting can be particularly useful where a beneficiary may be disabled and needs to rely upon government assistance.  There are occasions when a trust is initially created, perhaps by a grandparent or parent for the benefit of a grandchild or child and the beneficiary’s disability may not have been known at the time. Under certain circumstances, the trust can be decanted to a new trust that provides for special needs trust provisions for the beneficiary, which will allow the beneficiary to maintain eligibility for government assistance.

Reviewing your trust documents regularly is important to assure that your documents reflect your family circumstances.  Meet with one of our experts to determine if trust decanting can be helpful to you.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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Most people approaching retirement age are aware that the decision of when to start taking Social Security retirement benefits affects the amount of the payments. Retirees can start accepting benefits at age 62, at age 70, or somewhere in between. The longer the delay, the greater the monthly payments will be. For each year a person waits after full retirement age, the lifetime payout increases by about eight percent.

“File and suspend,” in the context of a married couple, is used to allow a spouse to claim a spousal benefit while the main beneficiary delays collecting benefits. The main beneficiary files for benefits at full retirement age but immediately suspends receipt of the benefits; the spouse can then begin receiving a spousal benefit based on the main beneficiary’s monthly benefits at the time of filing. However, the main beneficiary’s monthly benefit continues to grow due to delayed retirement credits.

The file and suspend strategy also has a benefit for single retirees. A single person may choose to file for retirement benefits upon reaching full retirement age, but immediately suspend receipt. Having done this, the retiree then has the option, anytime before age 70, of receiving those benefits retroactively in a lump sum. While this would result in the retiree losing the delayed retirement credits, it is an option that many people may wish to have available.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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By Stacy Sadove, Esq.

Advocates and parents eagerly awaited the passage of the 2015-2016 New York State Budget. In particular, the budget proposed many changes with regard to education– through the Education, Labor & Family Assistance Bill. The modified budget passed shortly before 3am on April 1, 2015.

A proposed special education waiver remained of particular concern to parents and was the topic of much debate during the passage of the 2015-2016 budget. The proposal would have allowed school districts, approved private schools, or boards of cooperative educational services (BOCES) to seek waivers from important protections contained in N.Y. Educ. Law §§ 4403 and 4403 and New York Regulations, but which are not included in the Individuals with Disabilities Education Act. The waiver would have allowed for the above educational agencies to submit waivers from special education requirements for a specific school year and provided for 60 days for the parents of students being affected to submit comments (S.2006/A.3006, Part A). The new budget did not include this proposal. Thus school districts cannot seek a waiver from protections in New York Law, which are not provided in the IDEA.

Moreover, the budget addressed the establishment of regional tuition rates for special education itinerant services (SEITS) based on average actual costs, over a four-year period (S.2006/A.3005, Part A). This proposal was adopted. SEIT services allow special education teachers to assist preschool students with disabilities in preschool general education classrooms. These important services allow for social and academic inclusion as well as education in the least restrictive environment. The new budget will establish a set rate for SEIT providers per region. Rates will be determined in the next year. The question remains whether the rates will take into account high quality services so that services may be provided by qualified preschool teachers.

Furthermore, in controversial new measures, the new budget sets new standards for evaluating teacher performance. Teachers must complete 100 hours of continuing education and recertify every five years or could lose their licenses. Also, the budget will implement a redesigned teacher evaluation system whereby teachers are rated in two categories, student performance and teacher observations. With regard to student performance, schools employ a standardized state measure, or may choose to use a state-designed supplemental assessment. With regard to teacher observation, teachers will be observed by principal observations and independent observations. Moreover, with regard to teacher tenure, new rules will provide that tenure is based on performance and is not simply a function of time. The budget extends the probationary period to a minimum of four years with no automatic right to tenure at any point. A teacher will have to receive ratings of effective or highly effective in at least three of four years to be eligible to receive tenure. If a teacher does not meet this threshold, he or she can be terminated or the district may extend the probationary period. As further incentive for performance, school districts may award a bonus of up to $20,000 to teachers who are top performers, and promotion opportunities will be tied to the evaluation system. For ineffective or poorly rated teacher, a new expedited removal procedure will be put in place

Finally, a portion of the budget also passing addressed failing schools in New York State. The proposal with regard to failing schools, sought to authorize the Commissioner of Education to a categorize a school district as failing (one that has scored in the lowest 2.5 percent of school districts statewide, when compared to other districts based on student achievement and performance on state assessments, graduation rates and drop-out rates) and appoint a receiver to create and enact a plan to improve student achievement (S.2010/A.3010, Part A). The proposal did not ultimately pass as originally proposed, and the final budget modified it, so that that schools identified under the state’s accountability system to be in the lowest five percent of public schools for at least three consecutive school years will be categorized as “failing” and have two years to institute an intervention model/comprehensive ed. plan. Those that have been identified to be among the lowest achieving public schools in the state for 10 consecutive school years will be deemed as “persistently failing” and have one year to institute such a plan.

As the new budget is implemented in the next year, we will see what changes ultimately affect special education services and placement of students in failing schools. On the education front, the current budget raised state aid to schools by $1.4 billion to $23.5 billion dollars. With careful attention and implementation, these changes should positively affect students in New York State schools to provide them with additional services and better access to a free and appropriate education. For more information regarding the new budget please see the following link: http://www.nysenate.gov/GetTheBudgetFacts2015-16.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Most people approaching retirement age are aware that the decision of when to start taking Social Security retirement benefits affects the amount of the payments. Retirees can start accepting benefits at age 62, at age 70, or somewhere in between. The longer the delay, the greater the monthly payments will be. For each year a person waits after full retirement age, the lifetime payout increases by about eight percent.

“File and suspend,” in the context of a married couple, is used to allow a spouse to claim a spousal benefit while the main beneficiary delays collecting benefits. The main beneficiary files for benefits at full retirement age but immediately suspends receipt of the benefits; the spouse can then begin receiving a spousal benefit based on the main beneficiary’s monthly benefits at the time of filing. However, the main beneficiary’s monthly benefit continues to grow due to delayed retirement credits.

The file and suspend strategy also has a benefit for single retirees. A single person may choose to file for retirement benefits upon reaching full retirement age, but immediately suspend receipt. Having done this, the retiree then has the option, anytime before age 70, of receiving those benefits retroactively in a lump sum. While this would result in the retiree losing the delayed retirement credits, it is an option that many people may wish to have available.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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A robot has been developed to teach children with autism about social interactions, and in some cases it has proven more successful than human therapists.

Experts have long known that children with autism can find it difficult to talk with or even look directly at therapists, but they often readily engage with technology. The developers of “Milo,” a two-foot-tall, partially plastic robot, decided to turn that into an advantage.

Pamela Rollins, an expert in communications disorders, developed the robot in conjunction with a company called Robokind. The Milo robot has a cartoonish, humanoid face, so he can demonstrate communication skills like facial expressions. One reason that is can be difficult for children with autism to learn social skills is that they may avoid looking directly at people. Rollins said that she found that children with autism engaged with Milo 87 percent of the time, and with a human therapist only three percent of the time.

Rollins said that children with autism need repetition, and the robot can repeat phrases and expressions over and over in the exact same way, speaking about 25 percent slower than the average person, without getting frustrated or introducing emotions that do not have to do with the exercise.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Our guest blogger this week is Tara Fishler, CEO of Customized Training Solutions.  Tara Fishler founded Customized Training Solutions in 2003. She and COO Leiat Klarfeld, have provided training to thousands of parents, teachers, support staff, administrators, and students in schools and organizations on topics including anti-bullying, anger management, special needs, diversity and mediation among many other topics. Ms. Fishler currently serves as President of the New York State Dispute Resolution Association (NYSDRA).

One in four kids in the U.S. is bullied on a regular basis. That’s bad enough, but what’s worse is that according to several studies, the rates are usually two to three times higher, for children with special needs. In nearby Connecticut, more than 50 percent of tracked bullying reports involved a student with a disability or an IEP.

While more and more schools are developing anti-bullying programs and policies, there’s still a great deal of work to be done, particularly for kids with special needs. For many of these kids, their parents will always remain their primary advocate.

The good news is, there are proactive steps that parents can take to protect their kids and create a healthier, more accepting environment in their schools and communities.

How Do You Know If It’s Bullying?

In the past, bullying issues were, at best, addressed haphazardly, and at worst, swept under the rug. Now, it’s taken more seriously, which is good. However, it’s also created confusion, because “bullying” has become a catch-all phrase for all kinds of peer conflicts, such as teasing and other relationship issues. In addition, since a child with special needs may not be able explain exactly what’s happening, how do you know if it’s a bullying situation or just “kids being kids?”

Bullying is defined as behavior that is intentional, aggressive and negative, carried out repeatedly against one or more targets. Bullying occurs in relationships where there is an imbalance of power between the parties involved.

Evaluating the balance of power in a conflict is often the best way to identify bullying versus teasing. If one party is afraid of the other, it’s more likely to be a bullying situation. When a child has special needs, it can be especially hard to tell what is really going on. (Look for my personal experience on this issue in a future post.)

Why Kids with Special Needs Are Targeted

Kids with physical, developmental, intellectual, behavioral, sensory disabilities and even allergies are more likely to be bullied than others. Studies indicate that when kids have visible physical disabilities, they are more likely to be victimized.

In addition, children with special needs often have a lower baseline social standing than their fellow students, which makes them more vulnerable from the start. When part of a child’s condition includes social challenges, such as autism, Social Communication Disorder (formerly Asperger’s syndrome), and ADD or ADHD (Attention Deficit Hyperactivity Disorder), the problem is intensified. Kids who have trouble holding conversations or making friends, or who have a low frustration threshold, are prime targets.

Ironically, the recent inclusion movement in schools may have actually made students with special needs more vulnerable. Special classes, aides, and technological equipment highlight the fact that these students are “different.” And being “different” can set kids up not only for social ostracism, but as the go-to target of bullies.

How to Spot if Your Child Is Being Bullied

The first indication of a bullying problem is often a change in a child’s behavior. Often, kids who are being victimized:

• Become reluctant to go to school.
• Start eating or sleeping poorly, or too much.
• Lose interest in classwork and slip academically.
• Lose interest in friends and favorite activities.
• Become moody or get upset easily.
• Regress in toileting and other skills.
• Complain of headaches or stomach aches.

In addition, look for physical signs, including:

• Cuts, bruises, or injuries that weren’t there in the morning.
• Torn or dirty clothing.
• Damaged or missing belongings.

If you suspect your child may be the target of bullying, document the situation and bring it to the attention of their teacher(s) and Principal. For more tips about how to handle bullying situations, visit www.tarafishler.com.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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A new intergenerational community center has opened in White Plains.

The Lanza Family Center for All Ages opened February 24, 2015. It is modeled after the award-winning My Second Home in Mount Kisco, also operated by Family Services of Westchester (FSW). Seniors benefit emotionally, socially and physically from being around children. Rita Bellamy, the director of My Second Home, said that the intergenerational aspect helps seniors experience a sense of purpose and avoid isolation.

The Lanza Center is named for philanthropist Patricia Lanza who provided a $1 million challenge grant. FSW was able to meet the challenge, purchase the building at 106 North Broadway in White Plains, and renovate it to create a warm and inviting community center.

The Center will provide programs for older adults and children, both separately and together. Programming will include adult day services with caregiver support, youth development programs and early childhood education. Children, teens and older adults will participate together in activities such as gardening, cooking, sharing meals, singing songs and participating in special events.

Enrollment in the Center’s programs is now open. Family Services of Westchester also has continuing opportunities for volunteers to participate in its programs, and members of the community can further support the Lanza Center, and honor loved ones, through the buy-a-brick program.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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The Lanza Family Center for All Ages opened February 24, 2015. It is modeled after the award-winning My Second Home in Mount Kisco, also operated by Family Services of Westchester (FSW). Seniors benefit emotionally, socially and physically from being around children. Rita Bellamy, the director of My Second Home, said that the intergenerational aspect helps seniors experience a sense of purpose and avoid isolation.

The Lanza Center is named for philanthropist Patricia Lanza who provided a $1 million challenge grant. FSW was able to meet the challenge, purchase the building at 106 North Broadway in White Plains, and renovate it to create a warm and inviting community center.

The Center will provide programs for older adults and children, both separately and together. Programming will include adult day services with caregiver support, youth development programs and early childhood education. Children, teens and older adults will participate together in activities such as gardening, cooking, sharing meals, singing songs and participating in special events.

Enrollment in the Center’s programs is now open. Family Services of Westchester also has continuing opportunities for volunteers to participate in its programs, and members of the community can further support the Lanza Center, and honor loved ones, through the buy-a-brick program.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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The Lanza Family Center for All Ages opened February 24, 2015. It is modeled after the award-winning My Second Home in Mount Kisco, also operated by Family Services of Westchester (FSW). Seniors benefit emotionally, socially and physically from being around children. Rita Bellamy, the director of My Second Home, said that the intergenerational aspect helps seniors experience a sense of purpose and avoid isolation.

The Lanza Center is named for philanthropist Patricia Lanza who provided a $1 million challenge grant. FSW was able to meet the challenge, purchase the building at 106 North Broadway in White Plains, and renovate it to create a warm and inviting community center.

The Center will provide programs for older adults and children, both separately and together. Programming will include adult day services with caregiver support, youth development programs and early childhood education. Children, teens and older adults will participate together in activities such as gardening, cooking, sharing meals, singing songs and participating in special events.

Enrollment in the Center’s programs is now open. Family Services of Westchester also has continuing opportunities for volunteers to participate in its programs, and members of the community can further support the Lanza Center, and honor loved ones, through the buy-a-brick program.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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By Nicole Garcia, MS.Ed., Educational Advocate

In New York, this week, students in grades 3-8 will take their English Language Arts and Math. As the testing season begins, the routine of school changes. The introduction of the Common Core State Standards (CCSS) has created even angst and frustration.   Governor Cuomo’s new accountability measures for teachers have created even more pressure for teachers and principals. Many parents believe that there exists too much emphasis on state testing. To help you navigate issues surrounding state testing for your child, we have provided some background.

The No Child Left Behind Act

In January 2002, President George W. Bush signed into law the No Child Left Behind Act of 2001 (NCLB), which represented a re-authorization of the Elementary and Secondary Education Act of 1965 (“ESEA”). NCLB required all states to develop assessments tests in basic skills to receive federal funds. School districts must administer assessments to all students (on selected grade levels) or risk losing federal funding. NCLB expanded the federal role in public education and increased accountability for teachers and schools. Students must be tested in science at least one grade in elementary, middle and high school. Depending on which state, testing occurs from February through April. NCLB is overdue for re-authorization (since 2007) and Secretary Duncan has proposed a blueprint, but Congress has not reauthorized the law yet.

New York Adopted Common Core State Standards as NCLB Assessments

Every state, including New York, has put in place testing and standards in core subjects to comply with NCLB requirements.  For ELA and math, New York, like most other states, adopted the CCSS in 2010 and first implemented the CCSS exams—as the NCLB assessments– in the Spring of 2013.   The CCSS aspire to create a “common core of standards that are internationally benchmarked, aligned with work and post-secondary education expectations, and inclusive of the higher order skills that students need…”   Essentially, the tests are aligned to prepare students for the skills measured by the ACT and SAT and prepare them for a globally competitive marketplace. Yet, in New York, students had to take the CCSS with little preparation and most teachers did not receive training, the first year that the tests were given. Only 33% of students in New York State achieved proficiency.

Supporters of the CCCS assessments believe the test provides a measure of accountability for what goes on in the classroom, as well as greater rigor. The more rigorous standards help students meet basic proficiency levels and to achieve skills to become “college and career ready.” Supporters also believe teachers will perform to ensure that children will be prepared and score well on the state test.

But many parents and educators have been highly critical of the exams.   They have observed that scores do not convey additional portions of the curriculum and do not include measurement of progress in enrichment programs. Critics contend that the tests do not measure whether a student is learning critical thinking skills or how engaged students are in the learning process.  Teachers have little time for other subjects. Recent accountability measures for teachers have exacerbated this pressure. Also, many parents are concerned that teachers “teach to the test” and must necessarily eliminate enriching opportunities and creative lessons from the curriculum.  More information about the CCSS can be found on the New York State Education Department website.

Most School Accountability Measures Have Been Waived in New York

In the past, schools and school districts that did not show students making adequate yearly progress (“AYP”) toward achieving proficiency could be subject to federal sanctions (e.g., offering school choice, loss of federal funds, possible complete restructuring of the school, or closing the school). In 2012, President Obama waived most of these sanctions for approximately 32 states, including New York. Yet each state still holds schools accountable for results. Test scores provide an indication of how students are performing and are reported by State Department of Education to compare groups of students from year to year.

New York State Alternative Assessment

Children with the most severe cognitive disabilities, as set forth in their Individualized Education Programs (IEPS), may take alternate assessments. In New York, students with alternate assessments on their IEP take the New York State Alternate Assessment (NYSAA). Students with severe cognitive disabilities may demonstrate their performance toward achieving the New York State P-12 CCSS in English language arts and mathematics on the NYSAA.

The Committee on Special Education (CSE) for each student will determine eligibility for participation in the NYSAA. Only a very small percentage of students should take alternative assessments. More information about NYSAA is available on the state education website at: http://www.p12.nysed.gov/assessment/nysaa/.

What Can Parents Do?

1. Know when and what testing will be offered. Don’t ignore the obvious step of understanding when and what testing your child will be taking. Testing begins this week in New York in Grades 3-8. School calendars should indicate when the tests are administered. In grades 3-8, each child will take the English Language Arts (ELA) and Mathematics assessments. Children will also take Science and Social Studies assessments, in fourth and fifth grades and may again take it in eighth grade. Speak with your teacher in the beginning of the year to find out.

2. Reassure your child to prevent stress.   Parents should keep their children calm and prevent any stress and anxiety.   The CCCS assessments should not be a primary or major factor in any promotion decisions, so parents should reassure their children.

3. In the fall, ask for an information session on the test and the results from the prior year. Because New York State does not release the results of assessments to school districts and parents until the following school year, many parents may forget to follow up. When you receive the assessment results, ask the school principal to hold an information session about the test and the results. Parents may misunderstand the purpose of these assessments and how to read the results. An educator would be able to clarify in “parent terms” what the results mean. Once parents are given clarity about the assessments, they may have a better understanding of their child’s strengths and areas of need.

4. Become educated on the assessments and support available. Parents should reach out to their child’s teacher to find out if he or she will be offering extra support for testing. This may include more homework or staying after school. The parent can correspond by email and sending a letter to school, or leaving a message for the teacher with the office. Parents can find out if their child is entitled to Academic Intervention Services (AIS). AIS is designed to help students achieve the learning standards in ELA and mathematics and supplements the general curriculum. AIS can be given throughout the day or after school. New York State has provided Guidance  on cut scores to school districts on when they must offer AIS services, since most students in New York State are not yet proficient on the CCCS. Parents should also become educated on the goals of the assessments and support the skills measured by the CCSS. Guidance for parents and families on the CCCS is available.

5. Consider whether your child should opt out of testing. Today, more parents are considering this option.  School districts discourage opting out, as schools must show a certain level of participation on the exams or could risk state funding and educators are concerned about the lack of assessment data.   Parents should work with their local PTA/PTSA to find out information on removing their child from state testing. Review carefully the pros and cons of opting out. Many advocacy groups have set forth information on opting out.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Erica Fitzgerald, Esq.

If you are the parent of a child diagnosed with diabetes, it is crucial to familiarize yourself with your child’s rights. Having a developmental disability is not a prerequisite for protection under the law. Individuals with recognized disabilities, including diabetes, have the same rights to access programs and facilities as their non-disabled counterparts. This right to equal opportunity extends to the classroom. Section 504 of the Rehabilitation Act of 1973 (“Section 504”), The Individuals with Disabilities Act (“IDEA”) and Title II of the Americans With Disabilities Act (“ADA”) all ensure that students with disabilities have an equal opportunity to participate and succeed in school. These laws also provide a legal remedy for those experiencing discrimination and who are not receiving a Free and Appropriate Public Education (“FAPE”).

Section 504 is a civil rights law that protects individuals from discrimination and entitles children diagnosed with disabilities that limit a major life activity, such as learning, to a FAPE designed to meet their individual educational needs as adequately as the needs of children without disabilities. However, “learning” is only one example of a major life activity which can be impacted by a disability. Even if your child has been diagnosed with Type 1 Diabetes but continues to excel academically, he or she may still be eligible for accommodations and qualify for protection under Section 504. School districts have responsibilities to address the needs of your child with diabetes and to make sure he or she can attend school safely.

Section 504, IDEA and the ADA all consider diabetes to be a disability; therefore, it is illegal for schools and day care centers to discriminate against children with diabetes. However, the IDEA is only applicable under certain circumstances, if there is an educational impact and the child needs special education services. First, a student may have a cognitive or emotional disability in addition to diabetes which qualifies him or her for special education services under the IDEA. Second, a student without a comorbid disability may nevertheless qualify for special education services under IDEA as having an “other health impairment.” For example, a child with diabetes may experience frequent episodes of hypoglycemia and/or hyperglycemia which significantly inhibit the ability to concentrate, access instruction or attend school. Third, complications from diabetes may result in excessive loss of instruction time, rendering a child eligible for special education services under IDEA.

Failure to qualify for special education services and an Individualized Education Program (“IEP”) under the IDEA does not mean a child with diabetes is not entitled to an individualized, written diabetes management plan which establishes the student’s medical needs and how the school will meet those needs. In addition, a student with diabetes should also seek to obtain a written plan developed pursuant to Section 504 (“504 Plan”) which establishes accommodations that a student with diabetes may need, such as permission to eat anywhere and anytime or carry a cell phone and use it in class, if needed. The 504 Plan can establish procedures and protocols to ensure that a student with diabetes can attend field trips and participate in athletics and extracurricular activities safely with appropriate assistance and supervision. Having a formalized 504 Plan will also ensure access to dispute resolution procedures should any issues arise. A school district remains responsible for providing a student with diabetes with a medically safe environment that offers the same educational opportunities enjoyed by peers even if the child is making meaningful progress academically. This includes providing the student with assistance with administering insulin and glucagon, checking blood glucose levels, and allowing the student to eat snacks during the school day. But a school district’s federal obligations to provide an equal opportunity to participate extend beyond the traditional school day and include non-academic and extracurricular activities as well. Thus, it is the responsibility of the school district to ensure that a child with diabetes has access to medical supplies and any necessary assistance not only at school but also on field trips, during extracurricular activities, and at after school clubs and sports.

If your child with diabetes attends a private or parochial school, these federal laws may not apply. Only schools that receive federal funding, or facilities considered open to the public, must reasonably accommodate the needs of children with diabetes. The standard applied to private non-religious schools, nurseries, day care centers, community based organizations, summer camps after school programs and special events is not the same as the standard to which public schools must adhere. Private schools that receive federal funds are only obligated to comply with minimal obligations such as the least restrictive environment mandate, comparable facilities requirement, and the requirement to provide an equal opportunity to participate in extracurricular activities. They must provide minor adjustments to accommodate students with disabilities. Thus, it is important to understand your child’s rights and to advocate effectively for them.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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A family-owned business is a hard-won commodity and is considered a legacy to be passed from one generation to the next. However, that legacy is often lost in the transition because of poor estate planning. More than 70 percent of family-owned businesses do not successfully survive the transfer from one generation to another.

How can a business owner ensure their plans for the future are successful?  As a first step, he or she should communicate with family members about their intentions for the business. Then, a business succession plan that transfers control and ownership to primary family members (including in-laws or other relatives, if they are involved with aspects of the business) should be established.

The business succession plan may also include details that preserve “institutional memory” to keep legacy reputation intact. Plans should specify who actually owns the business, what advisers are on board to help with the ownership transition, who is in charge of the day-to-day business activities, and what provisions have been put into place for the heirs not actively involved in the business.

The business owner should work with an estate planning attorney to establish this business succession plan. . The estate planning attorney can also assist with plans to ensure that the business has access to a significant cash flow to pay estate taxes, to provide compensation, supervision and training for employed family members, and to establish a buy-sell agreement in place for future sale of company shares or partnerships.

Ensuring that the family business does not fall victim to the same fate as the Lannisters requires a unique combination of proper estate and tax planning, business acumen and common-sense communication with those closest to you. Hiring an experienced estate planning attorney to help put these plans in place is a necessary step in protecting one’s legacy.

Learn more about our services by visiting www.littmankrooks.com.

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A family-owned business is a hard-won commodity and is considered a legacy to be passed from one generation to the next. However, that legacy is often lost in the transition because of poor estate planning. More than 70 percent of family-owned businesses do not successfully survive the transfer from one generation to another.

How can a business owner ensure their plans for the future are successful?  As a first step, he or she should communicate with family members about their intentions for the business. Then, a business succession plan that transfers control and ownership to primary family members (including in-laws or other relatives, if they are involved with aspects of the business) should be established.

The business succession plan may also include details that preserve “institutional memory” to keep legacy reputation intact. Plans should specify who actually owns the business, what advisers are on board to help with the ownership transition, who is in charge of the day-to-day business activities, and what provisions have been put into place for the heirs not actively involved in the business.

The business owner should work with an estate planning attorney to establish this business succession plan. . The estate planning attorney can also assist with plans to ensure that the business has access to a significant cash flow to pay estate taxes, to provide compensation, supervision and training for employed family members, and to establish a buy-sell agreement in place for future sale of company shares or partnerships.

Ensuring that the family business does not fall victim to the same fate as the Lannisters requires a unique combination of proper estate and tax planning, business acumen and common-sense communication with those closest to you. Hiring an experienced estate planning attorney to help put these plans in place is a necessary step in protecting one’s legacy.

Learn more about our services by visiting www.littmankrooks.com.

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Before the House adjourned for a two-week recess, representatives passed legislation overhauling the outdated method for paying physicians who accept Medicare.  Physicians and seniors across America are breathing a sigh of relief, as the bill ensures access to better healthcare services and professionals, many of which quit treating Medicare patients altogether due to the dysfunctional Sustainable Growth Rate Formula (SGR) implemented in 1997. 

Here are the highlights of the bill:

1. The legislation replaces the current model of paying physicians based on the services provided (also known as ‘fee-for-service’) to value or outcome based payment (‘fee-for-value’);
2. The popular Children’s Health Insurance Program (CHIP), which provides health care coverage for low-income children was extended for another two years; and
3. The bill requires seniors who make more than $133,500 to pay more for Medicare coverage starting in 2018.

Although the bill will add $141 billion to deficit over a decade, the bill promotes higher quality of care for Medicare patients and long-term sustainability of the Medicare program. The House passed the bill in an overwhelming bipartisan vote of 392-37.  Now the U.S. Senate must pass the bill when Congress reconvenes April 13.

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By: Giulia Frasca, Esq.
April 2, 2015 is the eighth annual World Autism Awareness Day. Organizations around the world are celebrating with fundraising events and events to raise awareness. Within the last decade, research has led to the discovery of new information regarding autism. See some of these discoveries below:

• Autism’s prevalence has soared within the last ten years. Ten years ago, autism was diagnosed in approximately 1 in 166 children. Today, it has increased more than 100% as it is prevalent in 1 out of 68 children.

• Direct screening of children indicates that autism may be more widespread than current statistics suggest.
  Autism Speaks, an organization founded ten years ago to raise awareness and funding for research into Autism studies conducted a study in South Korea where it screened children in South Korean schools. The study concluded that 1 in 38 children were affected by Autism. The majority of the children were previously undiagnosed. A similar study is currently being worked on in conjunction with the CDC in the United States.

• Early intervention makes a difference. It is now possible to have an Autism diagnosis by age 2. Early screening is important so that services can be administered. Early intervention affects underlying brain development and activity and may also reduce the need for interventions later in life.

• Behavioral therapy for autism may be essential. Behavioral issues may be present in a child diagnosed with Autism. Behavioral therapy can have significant benefits in the development of a student with Autism. Health coverage for behavioral treatments is now available in 38 states. Many families can now benefit from behavioral treatment for children diagnosed with Autism.

• One out of three persons diagnosed with Autism cannot speak. Assistive technology is necessary for one third of persons diagnosed with Autism to be able to communicate. These devices can be very expensive. Efforts are underway to help obtain insurance coverage for such necessary devices.

• It is possible for a nonverbal child diagnosed with Autism to eventually speak. Appropriate services and therapy can make it possible for a nonverbal child with Autism to speak. It is important to communicate with the school district and providers regarding the child’s needs and to obtain evaluations to determine the needs of the child.

• Many children with Autism suffer from gastrointestinal issues. Gastrointestinal issues and allergies to foods are common in children with Autism. The pain that results can exacerbate behavioral issues. It is important to understand the child’s gastrointestinal issues and make others who work with the child aware so that the issues can properly be managed, for example, following gluten- free or lactose-free diet.

• Children with Autism often have trouble sleeping. Any trouble sleeping or sleep disturbances should be discussed with the child’s doctor so that interventions can be taken. The information should then be relayed to the school if the child is school-aged so that an appropriate program can be provided, such as planning instruction in the morning if the child gets sleepy in the afternoon.

Identifying the best services for someone with special needs can be daunting. We can help you navigate the system, understand your child’s legal rights, and establish the financial foundation that will enable as much independence as possible. Our goal is to empower families with the tools they need to advocate for their loved ones—for a free and appropriate education, public benefits, and social services.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Tom Breedlove, Director, Care.com HomePay

As the April 15^th tax filing deadline gets closer, those who have put off their taxes until the last minute – and there are a lot of us – are apt to forgetting minor details that can impact our returns. In the household employment world, two commonly overlooked tax-time items for New York families are the federal and state dependent care tax breaks.

To qualify for these, both spouses must either be working or a full-time student and have expenses related to the care of someone they can claim as a dependent. For the federal tax break, families should use IRS Form 2441. They may itemize up to $3,000 for 1 dependent and $6,000 for 2 or more dependents. Most families will receive a 20% tax credit on these expenses, saving up to $600 if they have 1 dependent and up to $1,200 if they have 2 or more dependents. According to 2012 data from the IRS, approximately 420,000 New York families took advantage of this credit and saved an average of just under $600.

The New York state tax credit for dependent care is very similar to federal tax credit. Families can use Form IT-216 and claim the same expenses they reported on IRS Form 2441. The state tax credit for most families will be 20% of the credit they receive from the IRS – meaning they can save up to $120 if they have 1 dependent and $240 if they have 2 or more dependents. It seems like a small amount, but every little bit helps.

Please keep in mind that these tax breaks assume the family is paying their caregiver legally. The IRS and the state of New York only reward those who put forth the effort to do things the right way. The tax breaks exist to help offset the cost of paying employment taxes, which means paying the caregiver “on the books” isn’t really as costly as many people think.

Learn more about our services by visiting www.littmankrooks.com.

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The Westchester Institute for Human Development (WIHD) is recruiting leadership trainees for its Leadership Education in Neurodevelopmental and Related Disabilities (LEND) training program. Trainees will have the opportunity to develop the skills necessary for a career focused on helping children with special needs and their families.

The program includes three overview courses, clinical experience, and public policy and leadership activities, including community training and family advocacy. Trainees will have the opportunity to earn a certificate from New York Medical College in “Children with Special Health Care Needs.”

Trainees may be health and education professionals or graduate students, or parents or siblings of children or adults with disabilities. Trainees may have earned or be working toward a masters degree in a health or education discipline. A wide variety of disciplines are represented among the trainees, including child psychology, pediatrics, social work, health advocacy, nursing and law. Trainees may also be Family Specialists (parents or siblings of a person with a disability). Trainees should be able to participate in a 9 a.m. to 5 p.m. program on Thursdays from September to May at the Westchester Institute for Human Development in Valhalla, New York.

If you are interested in this opportunity, you may learn more at this link to the WIHD website.

Learn more about Littman Krooks services at www.littmankrooks.com or www.specialneedsnewyork.com.

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To view our materials from this event, please click on the appropriate link below:

• The Act Act (a presentation by Amy C. O’Hara, Esq.)

Learn how the able act will create a pathway for a better economic future for people with disabilities. Tax exempt savings accounts can now be set up for maintaining health, independence and quality of life, while protecting eligibility for Medicaid, Supplemental Security Income, and other important federal benefits for people with disabilities.

View Presentation

• Able Act Passes (by Bernard A. Krooks, Esq., as published in EP Magazine, February 2015 Issue)

The community of individuals with special needs and their family members will have a new tool at their disposal: A new tool with which to maintain a private fund of assets while preserving certain government benefits.

View Article

Learn more about our services by visiting www.littmankrooks.com.

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To view our materials from this event, please click on the appropriate link below:

• The Able Act (a presentation by Amy C. O’Hara, Esq.)

Learn how the able act will create a pathway for a better economic future for people with disabilities. Tax exempt savings accounts can now be set up for maintaining health, independence and quality of life, while protecting eligibility for Medicaid, Supplemental Security Income, and other important federal benefits for people with disabilities.

View Presentation

• Able Act Passes (by Bernard A. Krooks, Esq., as published in EP Magazine, February 2015 Issue)

The community of individuals with special needs and their family members will have a new tool at their disposal: A new tool with which to maintain a private fund of assets while preserving certain government benefits.

View Article

Learn more about our services by visiting www.littmankrooks.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

To view our materials from this event, please click on the appropriate link below:

• The Able Act (a presentation by Amy C. O’Hara, Esq.)

Learn how the able act will create a pathway for a better economic future for people with disabilities. Tax exempt savings accounts can now be set up for maintaining health, independence and quality of life, while protecting eligibility for Medicaid, Supplemental Security Income, and other important federal benefits for people with disabilities.

View Presentation

• Able Act Passes (by Bernard A. Krooks, Esq., as published in EP Magazine, February 2015 Issue)

The community of individuals with special needs and their family members will have a new tool at their disposal: A new tool with which to maintain a private fund of assets while preserving certain government benefits.

View Article

Learn more about our services by visiting www.littmankrooks.com.

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Earlier this year, we interviewed Heather Rogoff Angstreich, Founder/Partner, Special Needs Expos about the upcoming year and events they are holding in 2015. Here’s what she had to say:

1. Why did you create special needs expos? 

All I wanted to do was help other parents and children who were in my shoes. My son, (who is now 10 years old), was diagnosed with Autism when he was two years old.  I attended a small special needs resource fair when he was first diagnosed and found it incredibly helpful.  I love helping people so, when I got laid off, I started Special Needs for Special Kids, a printed special needs resource guide that I distributed across Long Island. I met my partners (Scott and Jamie) through this publication; they became clients. They knew I started the publication because I wanted to help other parents who needed guidance and resources to navigate the world of special needs here in Long Island.  Scott suggested that I should take the publication to another level and we thought we would do a small resource fair at a local JCC to bring some special needs resources together for a one-time event.  Scott and Jamie were no strangers to the special needs community either; they had a close family member who inspired them to get involved.

2. How did you begin this endeavor?

We looked for a venue to hold this little resource fair and ended up booking a much larger space at a local hotel.  We went from one end of the spectrum to the other and kept our fingers crossed that we would be able to fill the space. Our first expo was geared more towards children with special needs, but we did have resources that catered to the adult population too.  Our goal was to have each person that entered the doors to walk out with at least one piece of useful information that day. We estimated that 2500 to 3000 people walked through the doors that day.

3. What locations are you expanding to in 2015? 

Long Island is our “flagship” expo and will be held on April 26^th at the Long Island Hilton. The Special Needs Expo – Westchester will be back on November 8, 2015 at the Westchester Marriott and the Special Needs Expo – New Jersey (northern) will also be back on September 27, 2015 at the Glenpointe Marriott in Teaneck. We hope to expand to Philadelphia in 2016.

4. How does your expo help educate people to advocate for themselves and their family members?

Our expos have a variety of special needs resources, products, services, presentations and demonstrations.  We want people to take advantage of all the exhibitors that have come out.  They are there to answer questions, give support and ideas.  If a person meets the right connection, it can change things for them and/or their loved one.

5. What makes your expo different from other special needs resource fairs in the area?

Our expos are always free to attend and child-friendly (games and/or inflatables and face painting are provided at no cost to the attendee). We offer a wide variety of resources, presentations and demonstrations. We have a quiet room for those that might need to take a break, if they are too overwhelmed. We want to connect these amazing resources with the individuals, families, caregivers and professionals to help make the journey a little less difficult.  Our Long Island events have connected over 300 exhibitors to 5000 attendees in the last two years.  Westchester and NJ events are also growing and we have heard from many of our FB and website followers that the need is there for this service.

6. How do can people find more info about your expos? How do vendors register for an exhibit?

We have a Facebook page: https://www.facebook.com/SpecialNeedsExpos and our official website URL is www.specialneedsexpos.com.There is a tab for attendees to register and a separate one for exhibitors to register and receive more information.  To contact us directly, email us at info@specialneedsexpos.com or call us at 516-279-3727.

Learn more about Littman Krooks services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The Neighborhood Network of New York (NNNY) is set to develop an innovative, community based service network for adults with autism, thanks to a grant from the New York State Office for People with Developmental Disabilities (OPWDD). The program will provide individualized services to clients, including remote support technology and community activities.

NNNY will launch a prototype of the program to serve Medicaid beneficiaries in Westchester County. In time, the organization will develop protocols to launch similar networks throughout the state.

The NNNY program is intended to provide greater independence and empowerment for adults with autism through supports within the community, including remote support in private apartments. The program will be more affordable than traditional models, while also providing services which are appropriate to the individual’s needs and more fully integrated into the larger community.

With a record 1 in 68 children diagnosed with Autism Spectrum Disorder, as of 2010, services like these will be essential in serving an unprecedented number of children with autism reaching adulthood. This transition often represents a challenge for people with autism and their families, as they leave the support of parents and the school system and struggle to identify appropriate supports within the adult service system. Traditional full service options, like group homes and day services, are expensive, and for many individuals with autism who do not need such a high level of staffing, unnecessarily restrictive. These traditional, segregated models may represent a stark contrast to the integration into the school community that the individual with autism previously experienced in school, where they were mandated by law to be educated in the Least Restrictive Environment, together with students without disabilities to the maximum extent appropriate.

The NNNY program will take a three-pronged approach. Individualized Living Services for All Levels of Need allows clients to live alone or with a roommate in apartment complexes where both clients and non-clients reside. Clients who need more support may live with a professional family. All NNNY homes will include Proprietary Remote Support Technology that can be used to monitor residents’ safety and provide real-time coaching. Finally, the Communiversity will provide lifelong learning, teaching job skills and life skills along with community and recreational activities.

Learn more about our services by visiting www.specialneedsnewyork.com.

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By Marion Walsh, Esq. and Sandi Rosenbaum, Special Education Advocate

On March 4, 2015, between 6:30-8:00, the Lower Hudson Valley Special Education Advocacy Task Force will be holding a Policy Discussion Forum at the Arc of Westchester (The Gleeson-Israel Gateway Center, 265 Saw Mill River Road (9A), Hawthorne, NY), to discuss the Executive Budget and the proposed waiver of special education requirements.   This is an essential meeting to attend to understand the effect of the budget on special education services.

The Governor’s proposal for his executive budget contains a proposal to allow school districts, private schools, and BOCES to obtain a one-year waiver from following requirements or providing services which are mandated by New York law, but which are not required by the Individuals with Disabilities Education Act.   Here are just some of the services and mandates that could be affected:

• Autism requirements in 200.13 including parent counseling and training;
• Minimum daily/weekly requirements for home and hospital instruction;
• Notice requirements for CSE;
• Special Education Consultant Teachers required to have access to general education teachers to participate in instructional planning;
• IEP must include the name of the school and whether it is BOCES, public, or private;
• Evaluation AND implementation within 60 school days – Federal law has only an evaluation time frame, implementation “ASAP”; and
• Evaluation team must include members with relevant credentials – Federal law doesn’t require a multidisciplinary team

The Governor is proposing this for mandate relief, as well as to enable school districts to implement innovative programs.   But there could be a significant loss of services to students.

The Governor and Board of Regents are selling this as allowing Districts to apply for waivers so that the District can implement an innovative special education program that is consistent with federal law, in order to enhance student achievement.  The District, before initiating a proposal for a waiver, would have to provide notice to parents in the District and obtain input before applying for the waiver with the New York State Education Commissioner.

The proposed provision expands existing opportunities for districts to seek waivers from NYS requirements that exceed those of the Federal IDEA, subject to notifying all affected parents and providing them a 60 day comment period, which comments would be submitted as part of the waiver application.  One downside is that only currently affected parents need be notified; since special education programs and placements are fluid, the parent of a student who has benefited from the affected program in the past, or may in the future, would not even be notified that the district received a waiver to deviate from state law in certain respects.

The proposed provision actually expands existing, though little-used, opportunities for Districts to seek waivers from the Commissioner for the purpose of enhancing student achievement and opportunities for placement in general education settings.  There has been an opportunity in place for some time for Districts to seek waivers to offer innovative special education models outside the defined continuum of service.  Any such program which has a waiver granted for three consecutive years may be granted a permanent waiver.

Become educated on this issue and contact your state legislators as soon as possible, as valuable services could be at risk.

Learn more about our services by visiting www.specialneedsnewyork.com.

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By Erin Wilson, Founder, If I Need Help.org
Last year, New Yorkers rallied to change laws regarding school safety and making tracking devices available to vulnerable people. According to Autism Wandering Awareness Alerts Response and Education (AWAARE), a 2011 study conducted by the Interactive Autism Network through the Kennedy Krieger Institute found that:

• Roughly half, or 49%, of children with autism attempt to wander from a safe environment (a rate nearly four times higher than their unaffected siblings)

• More than one third of children with autism who wander are never or rarely able to communicate their names, address, or phone number.

As a mother of a child that has been severely affected by autism, I’ve had to deal with my son wandering on more than one occasion. After these awful experiences, my husband and I wanted to create a simple way to allow people to help our son if/when he is lost or wandering. So, we started a non-profit organization called If I Need Help that creates personal wearable QR codes.

QR codes are two dimensional barcodes that can be scanned by a smartphone or mobile device to hard link to or “object hyperlink” to a specific set of information or website. The QR codes we develop at If I Need Help are scanned or manually entered. From there, it links to a live profile to your child that can be edited in real time. The profile can be emailed to others when a search is needed. The barcode can be printed out with the free membership. We also offer personal codes on patches, pins, clips, ID tags for shoes, necklaces and ID cards. This way of identification and information is now also helping incapacitated people with mental illness, memory care or with physical conditions in which they may need help during critical situations.

Please go to www.IfiNeedHelp.org to learn more.

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There is no reduction in Social Security benefits for those who continue to work, as long as they have reached full retirement age. For some, Social Security benefits may actually increase, because benefits are calculated using the highest 35 years of earning.

For people born between 1943 and 1955, full retirement age is 66 years old. For those born in 1960 or later, full retirement age is 67 years old.

Taking Social Security benefits before reaching full retirement age and continuing to work can lead to a reduction in benefits. For those under retirement age for a full year, the Social Security Administration deducts $1 in benefits for every $2 earned above the annual limit of $15,720. For the year in which the individual reaches full retirement age, $1 is deducted for every $3 earned above an income limit of $41,880 in the months before the individual reaches full retirement age.

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By Amy C. O’Hara, Esq.,  Littman Krooks LLP

Parents of children with special needs often have unique financial concerns, and one way to ease those concerns is to reduce their tax burden.

There are many tax deductions and credits available that parents may not be aware of. Parents of children with special needs should familiarize themselves with the deductions and credits and take care to document all expenses related to their children’s medical expenses, development and therapy.

Here are 5 useful tax deductions and credits for parents of children with special needs:

1. Medical & Therapy Expenses

The first type of deduction to consider is for medical and therapy expenses. For income tax purposes, learning disabilities are a type of medical condition. This may include autism, ADHD, cerebral palsy, and other learning disabilities.

While these expenses are limited by 10 percent of adjusted gross income, the limitation may be exceeded by certain types of out-of-pocket expenses.

Such expenses can include the following:

• Special schooling such as: tutoring that is specifically intended to address the special needs of the child.
• Regular education when it is intended to treat the child’s special needs.
• Aides that a child may require to benefit from education.
• Exercise programs, if they are recommended by a medical professional.
• Transportation to and from special schools or therapy sessions.
• Equipment, devices and supplies necessary to treat or alleviate a medical condition, including technology items such as communication devices.

2. Specialized Foods

A gluten-free, casein-free diet can be used as a deduction provided it is medically recommended. Generally, only the additional cost of the specialized foods over and above what would be paid for similar items is deductible.

3. Legal Expenses

In some cases, legal expenses related to your child’s special needs may be deductible, for instance if you hire an attorney to help you prove that your child’s medical expenses are legitimate.

Tax Credits

Even more helpful than a tax deduction is a tax credit, which applies directly to the amount of tax you owe. The tax credits most helpful to parents of special needs children are the Child and Dependent Care Credit and the Earned Income Credit. In both cases, a credit that is normally only available for children may also be used for an older child with special needs.

4. Child and Dependent Care Credit

The Child and Dependent Care Credit may be applied when you pay someone to care for your dependent, and it provides a tax credit of up to $3,000 per dependent, to a maximum of $6,000 for two or more dependents.  Child-care, after-school programs and day camp qualify for the credit.

The credit is available for children under the age of 13, but the age limit does not apply to older children with special needs.

5. Earned Income Credit

The Earned Income Credit can also be useful for parents of children with special needs. The credit generally may be applied by families with a low to moderate income and children under the age of 19, or up to age 23 for full-time students. However, for adult children living with their parents, the age limit does not apply.

In Conclusion

Parents of children with special needs know that there are unique challenges involved, including financial hurdles. However, with careful planning and the assistance of an experienced attorney who is sensitive to special needs issues, you can make sure you do what is necessary to reduce your tax burden and protect your child’s interests.

Learn more about Littman Krooks services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The American Museum of Natural History in collaboration with the Seaver Autism Center at the Icahn School of Medicine at Mount Sinai is beginning “The Discovery Squad,” a new tour program developed for families impacted by Autism Spectrum Disorders (ASD). The program will begin on February 7, 2015 and run on selected Saturday mornings through June 2015. It is open to 5-14 year-olds with autism spectrum disorders (each child must be accompanied by an adult).

Children can join a tour lead by trained Museum tour guides and spend time exploring the Discovery Room (an interactive exhibit that gives a behind-the-scenes look at all the major fields of science, ranging from anthropology to zoology) before the Museum is open to the public. Families are invited to stay after the tour and enjoy the rest of the museum.

To learn more about additional dates, information, or to buy tickets, click here or please call the American Museum of Natural History at 212-313-7565 or email accessibility@amnh.org. 

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Medicare Advantage enrollees have through February 14, 2015 to withdraw from their Medicare Advantage plan and instead receive Medicare Parts A and B through Original Medicare. During this period, recipients can also join a Prescription Drug Plan (PDP) if necessary. There are some issues that individuals should keep in mind if they would like to withdraw:

• During the Medicare Advantage Disenrollment Period (MADP), it is not possible to switch to another Medicare Advantage plan – the only option is to go to Original Medicare coverage Part A and Part B. Those who would like to switch Medicare Advantage plans may do so during Fall Open Enrollment, which runs from October through December.
• Individuals returning to Original Medicare should consider how they might manage the deductibles, coinsurance and copayments they may encounter when seeking medical care and coverage. For example, individuals seeking to purchase a Medigap policy may face higher premiums or a waiting period.
• Keep in mind, if you drop other coverage (i.e. employer or union health care coverage), you may not be able to reinstate your coverage.

To learn more about these Medicare click here: http://www.medicare.gov/

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In public elementary and secondary schools, students with disabilities may receive services under the Individuals with Disabilities Education Act (IDEA) or the Rehabilitation Act of 1973. The IDEA does not apply in the workplace or in post-secondary education, so services available under IDEA, such as an individualized education program (IEP), are not available in college. However, services under Section 504 of the Rehabilitation Act may continue at the post-secondary level.

First, it should be noted that while Section 504 only applies to schools that receive federal funding, most colleges and universities do, and private post-secondary schools that receive no federal funding are still required to provide similar accommodations to students with disabilities, under Title III of the Americans with Disabilities Act.

Section 504 prohibits discrimination based on disability, meaning that the needs of students with disabilities must be met as adequately as the needs of students without disabilities are met. Colleges and universities must provide accommodations for students with disabilities. As a practical matter, this may include accessibility of classrooms, dormitories and other buildings; additional time on tests; substitution of some course requirements; interpreters or readers; adapted computer terminals and other services. Such services must be provided unless a fundamental alteration of the program or an undue financial or administrative burden would result.

Students with disabilities going from high school to college will need to advocate for their own needs more than ever. If the university has a disability support office, the student will need to make contact with that office to explain his or her needs. If a student has a history of accommodations in high school, then documentation of this should be provided to college or university officials. Most of all, students will need to be persistent, keeping a record of who they talked to, and continuing to press the matter until the needed accommodations are received.

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Our guest blogger this week is Liane Kupferberg Carter, Writer, Journalist, and Autism Advocate.

(Originally published on Autism After 16)

It’s 51 degrees out. Which means my 21-year-old son Mickey is wearing shorts and sandals.

“It’s too cold!” I protest. “But it’s May.” Well, yes.

I get it. He hates socks. Loathes sneakers. Long sleeves drive him crazy. If we let him, he’d leave the house wearing shorts and sandals in January, and probably without a coat. Winter weather doesn’t deter him. Which has turned me into the kind of mother who says, “I’m cold so you have to wear a sweater.”

I remember battling my own mother, who forced me to wear skirts with scratchy crinolines (yes, I’m that old.) Is that what it’s like for Mickey when we ask him to wear clothes that itch or cling or rub, or bother him in ways we don’t even know, because he can’t parse the particulars of his discomfort? “Because I hate it,” he says.

I know how miserable I feel wearing Spanx. Is that how he feels about dress pants with a belt? Loafers? A blazer? Worst of all—a dreaded tie? “I want regular clothes,” he says.

I respect his sensory issues. I want to honor his right to choose what he wears. Unfortunately, there are just some circumstances where you can’t wear what you want, and it’s not only due to weather. Sometimes respecting his right to choose smacks up against the need to dress appropriately, whether it’s a volunteer job, visiting a house of worship, going on an interview, or hiking with his day hab group. It’s dangerous to climb a mountain in sandals, and disrespectful to go to synagogue in a t-shirt and shorts.

“Just for today,” he pleads. “I’ll be careful.”

Why am I making a big deal about shorts and sandals? Am I worried someone will say, “How can you let him go out that way?” and judge me as a bad parent? Yes, it’s chilly, but he’s not going to die of exposure if he goes out underdressed for this weather. Maybe if he does realize it’s cold or wet and he’s not as comfortable as he thought he’d be, he will learn from it, and next time wear something more suitable.

Or not.

I try not to intervene with his choices unless health or safety is at stake. I may say, “What do you think your friends will be wearing today?” or “I don’t think those colors match,” but I won’t stop him if he’s really set on the combination. It’s a fine line between encouraging self-expression, and letting him leave the house wearing clothes that may make him an object of teasing or ridicule.

Haven’t I made similarly inappropriate choices? Worn high heels out of vanity, when I should have opted for more comfortable or practical footwear? Shivered in a thin summer dress I wanted to show off, instead of wearing something more sensible?

Mickey is a young adult now. He is chafing against our restraints. His struggle to pull away from us is developmentally appropriate. The business of adolescence and young adulthood is to separate from your parents, to find your own way in the world. Part of growing up for anyone is learning to make—and live with—one’s own choices.

He starts out the door in shorts and sandals, then goes back to his room. When he emerges, I see he has added a baseball cap and sunglasses. “I’m going to sunbathe today,” he says.

“Pack a sweatshirt,” I say. He doesn’t.

“I look handsome,” he says.

“Very cool,” I agree. And resolve to say nothing more.

Because it’s his choice to make. This isn’t about autism.

It’s about autonomy.

Learn more about Liane: Friend her on Facebook  or follow her on Twitter.

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Our guest blogger this week is Lou Giampa is the President of Right at Home (Westchester). Lou is a New York State Certified Nurse Aide (CNA) who volunteers in hospitals and nursing homes throughout Westchester County.  He also volunteers with the Alzheimer’s Association, Meals on Wheels, and the Aging in Place community.

Mom and Dad are knocking out their bucket list – wine country trip, tandem skydiving, harbor dinner cruise – you can’t keep up with them. Grandma loves to cook, but standing in the kitchen causes knee pain. Grandpa must watch his TV programs, but he cranks the volume too high. Uncle Galen enjoys golf and gardening, but his hands lose their grip. Aunt Marianne relishes sitting down to chat over gourmet coffee and chocolates. For active and less active adults like these, how can you find them just-right gifts for the holidays

“The types and price ranges of holiday gifts for seniors expands every year and you can feel overwhelmed with choices,” said Lou Giampa, President of Right at Home of Westchester.  “In our work with the elderly and their families, I recommend that gifts mean something significant to the senior loved one and involve time spent together. Older adults don’t just want a handsomely wrapped gift. They want to enjoy memorable experiences with you.”

Giampa suggests the following variety of holiday gifts for seniors, depending on budget and the loved one’s activity level and personal interests:

Personal Gifts – Bionic StableGrip gloves for golf, gardening, fitness, driving and everyday tasks were developed by an orthopedic surgeon for a smooth, ergonomic grip and less hand pain (under $50).

• For Him – Magnetic money clip; passport wallet; novelty neckties; National Football League (NFL) cuff links; Major League Baseball (MLB) team tie bar; carrier fleece blanket; personalized grilling apron; vintage golf club covers (under $50)

• For Her – Massaging slippers; spa gift set; makeup travel toolkit; gardening tote with tools; skin beauty moisturizing set; full-service picnic basket; smart pedometer; acupressure mat (under $50)

Kitchen and Food – Pasta pot for two; “Wine of the Month” clubs; portable wine and cheese cooler; beer-tasting set; no-melt ice cubes; seasonings and finishing salts; gourmet olive oils; specialty foods gift basket; coffee bean and tea leaf sets; premium steaks ($20 – $100)

GelPro^® floor mats offer soft shock-absorbing gel core therapeutic comfort for anyone suffering from foot, back, hip or knee pain, or osteoporosis, arthritis or plantar fasciitis. It is ideal for standing at the kitchen sink or garage workbench ($50 – $120).

Technology – The Crosley Cruiser portable turntable celebrates the sounds of vinyl records in a briefcase-styled record player that’s light enough to carry anywhere. About the size of a cellphone, the Bellman & Symfon^® personal amplifier filters out background noise to give the gift of better hearing ($80 – $150).

Travel – Food and wine tours; brewery tours; American history tours; art and history museums; national parks; urban exploring on a guided Segway (free – full travel expenses)

Experiential Action and Adventure Gifts – Hot air ballooning; white-water rafting; surf lessons; stock car passenger or driver; boat dinner cruise; scenic helicopter tour; tandem skydiving; flying lessons; mountain biking; rock climbing; hang gliding; big game hunting; fly-fishing; snorkeling ($100 – $1,000)

Time – One of the most meaningful gifts any time of year is to carve out regular visits and outings with your seniors. Plan weekend handyman projects or go out for dinner and a movie. Check in regularly with phone calls and social media, but best of all, sit down together to talk, laugh and reminisce (priceless).

Gifts.com is one of most comprehensive online stores that searches all over the Web for the best gift ideas for senior men and women and even matches products to personality types (e.g., super grandma, health and fitness nut, intellectual). If you are unable to travel for the holidays to be with your older loved ones, Giampa notes that elder care providers like Right at Home offer companion care and transportation for holiday shopping and excursions. Home caregivers also can help your seniors buy the ingredients and make great-grandma’s traditional fruitcake. Or, skip the fruitcake and go for the chocolate-drizzled pretzel sticks.

About Right at Home

Founded in 1995, Right at Home of provides in-home care and assistance to seniors and the disabled.  We help care for seniors who require some assistance in order to maintain their independence, improving their quality of life, and enabling them to remain in their homes.  Our caregivers help with all the activities of daily living, as well as cooking, light housekeeping, safety supervision, medication reminders, and transportation to medical appointments, grocery shopping, social activities, etc. Our caregivers are thoroughly screened, trained, and bonded/insured prior to entering a client’s home.

For more information, please contact Right at Home (Westchester) at 914.468.1944 or visit us at www.westchesterseniorcare.com or click here to Follow their Facebook page.

Learn more about our services at Littman Krooks by clicking here.

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By Bernard A. Krooks, Certified Elder Law Attorney

A client recently asked the following question: I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling my estate?

It’s a fair question, and one we hear a lot. No one ever asks: “could you please give us the most complicated estate plan possible?” Just about everyone wants things as simple as they can be.

When you think about providing an inheritance for your child — or anyone, for that matter — with a disability, there are some realities you just have to deal with. Those realities almost always lead to the same conclusion: a special needs trust is probably the right answer. There are a number of answers to the “can’t we keep it simpler?” question:

In most cases there’s going to be a trust, whether you set it up or not. If you leave money outright to a person with special needs, someone is probably going to have to transfer that inheritance to a trust in order to allow them to continue to receive public benefits. The trust set up after your death will be what’s called a “first-party” (or “self-settled”) trust, and the rules governing its use will be more restrictive. There will also have to be a “pay-back” provision for state Medicaid benefits when your son dies — so you will lose control over who receives the money you could have set aside. Even if no trust is set up, there is a high likelihood that your son will (because of his disability) require appointment of a guardian. The cost, loss of family control and interference by the legal system will consume a significant part of the inheritance you leave and frustrate those who are caring for your son. If you prepare a special needs trust now it sidesteps those limitations.

The trust you set up will not be that complicated to manage. People often overestimate the difficulty of handling a trust. Yes, there are tax returns to file, and possible accounting requirements. Neither is that complicated; neither is anywhere near as expensive as the likely costs of not creating a special needs trust. In any event, your daughter can hire experts to handle anything that she finds difficult. There are lawyers, accountants, care managers and even trust administrators who can take care of the heavy lifting for your daughter — or whomever you name as trustee. The costs can be paid out of the trust itself, so she will not be using her portion of the inheritance you leave, or her own money. Yes, they add an expense — but they can actually help improve the quality of life for both your daughter the trustee and your son with a disability.

Your daughter does not have to be the trustee at all. We frequently counsel clients to name someone else — a bank trust department, a trusted professional, or a different family member — as trustee. That lets your daughter take the role in your son’s life that she’s really better suited for: sister. If it is right for your circumstance, you might even consider naming her as “trust protector.” That could allow her, for instance, to receive trust accountings and follow up with the trustee, or even to change trustees if the named trustee is unresponsive, or too expensive, or just annoying. Trusts are wonderfully flexible planning devices — but that does mean you have to do the planning.

If your son’s condition improves, or he no longer requires public benefits, the trust can accommodate those changes. Depending on your son’s actual condition and the availability of other resources, you might reasonably hope that he will not need a special needs trust — or at least might not need one for the rest of his life. The good news: your special needs trust will be flexible enough to allow for the use of his inheritance as if there were no special needs. The bad news: that is only true if you set up the trust terms yourself — the trust that will be created for him if you do not plan will not have that flexibility.

Simply disinheriting your son probably is not a good plan. Sometimes clients express concern about the costs and what they perceive as complicated administrative and eligibility issues and they decide to just leave everything to the children who do not have disabilities. “My daughter will understand that she has to take care of my son,” clients tell us. That’s fine, and it might well work. But do you feel the same way about your daughter’s husband? What about the grandkids and step-grandkids who would inherit “your” money if both your daughter and her husband were to die before your son (the one with the disability)? What about the possibility of divorce or creditors’ claims against your daughter, or even bankruptcy? Most of our clients quickly recognize that disinheriting the child with a disability is not really a good planning technique.

But who knows what the public benefits system, the medical care available, or my son’s condition might look like twenty years from now? Indeed. That’s exactly why the trust is so important.

What does that mean for your planning? If you have a child, spouse or other family member with special needs — OR if you have a loved one who may have special needs in the future — your plan should include an appropriate trust. The cost is relatively small, and the benefits are significant. In fact, the cost of not doing anything is probably higher – and the opportunity loss from failing to plan is especially high. While doing special needs planning the right way necessarily involves going to a lawyer, it’s relatively easy to find one who specializes in this area of law.

Learn more about special needs planning by clicking here.

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Structuring a trust is an individual process, and should be done with an appreciation for the family’s unique situation. For example, many people in their late teens do not have the responsibility or knowledge to handle a large inheritance, and their personal growth and achievement may be hindered by a windfall of cash. In addition, some teens go directly to college after turning 18, while others take a different path.

One common way to structure a trust fund with a large amount of money is to allow the trustee, who is in charge of managing the trust, to distribute it in three parts: the first when the child graduates from college, the second in the child’s mid-20s, and the final distribution when the child is in his or her early 30s. Until the trust is fully distributed, the trustee can apply it to the beneficiary’s education, healthcare and other expenses as outlined in the trust.

Placing heavy restrictions on a trust can be detrimental in many cases, especially as the beneficiaries get older. Although teenagers may be impulsive, parents and grandparents should trust that after a certain point, they will have the maturity to manage the money. Similarly, secrecy about the value and nature of the trust can cause beneficiaries to feel powerless and even resentful.

A skilled estate planning attorney can help individuals develop a trust that is in alignment with their wishes and the beneficiaries’ best interests.

Learn more about our transition planning services by visiting www.specialneedsnewyork.com.

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Let’s call my son Johnny. He has a neurological impairment and is ambulatory and impressively articulate. These are my views and perceptions as his mother. I hope the points that I will highlight will resonate with readers. I also hope that some of you will be motivated and proactive in not only making a transition plan but making that plan a reality that is sustainable and seek guardianship, before your child reaches the age of majority if appropriate.

My Story

We live in a great school district in Westchester County.   My son had had a number of medical interventions and we had a relatively sound understanding of our challenges.   Yes, we all know that each child is different and has different needs. My son moved up in grades, followed the Regents track, though he was always in special education classes.

In high school, it all came crashing down and it became apparent to everyone that a Regents diploma was not going to become a reality (for him).

Despite the fact that he had a transition plan and even a transition coordinator set in place in our district, Johnny was no longer interested. As of 11^th grade, my son did not want to go to school anymore, thinking it was a huge waste of his time. His CSE agreed that if he didn’t want to attend school there was no way to force him. At that juncture and to my dismay, he was over 18, guardian- less, and therefore emancipated and able legally to make his own decisions about life. Legally, I learned that few options exist for parents to exercise control and supervision over a child after he or she turns 18, whether a child is in school or not.   Johnny had not, in the true legal sense of the word, transitioned out of school nor had he transitioned into anything else.

He became more and more out of sync with so many and so much. I watched him, helplessly, as he sat around, slept, played video games, watched TV and frequented CVS to buy candy. This went on for over two years.

I tried many different courses of action: I called adult protective services, the police, the pediatrician, and the neurologist. I cried to friends and family members. I even called Mental Health Association (MHA), who told me in writing that if Johnny wasn’t a threat to himself or to others, they could not do a thing to help me.

What was my problem? My child, a young adult now, was sinking: disengaged, with challenges no meaningful pursuits and no high school degree. My other children, Johnny’s siblings, were progressing.   We all felt aggrieved, irritated, frustrated and distressed.

I could find no one, nowhere, no how to help me and Johnny!

There were a number of contributing factors to our rough patch:

1. In as much as he was motivated, he always felt as if he had been pulled down. He was never fully accepting of his own challenges albeit he was extremely knowledgeable of his interventions.

2. I (his mother), had not fully understood that money cannot buy a young adult with a disability services.

3. All of the professionals who had worked with my son had always seen my son as ‘on the fence’; he straddled two worlds; mainstream but not, non-mainstream yet so articulate and able.

Finally, it was made clear to me that the only one who could help my son…was me. I asked myself over and over, “What is appropriate for my son?”

The convergence of these factors made the later years of high school and post-high school a living disaster. I realized that the only way to access county, state and federal services was for him to be in the system and that was a scary thought for me to grasp.

I made one and only one resolution that year: I was going to move my son to a ‘better place’. I didn’t have an idea what exactly that meant nor did I know what that would look like but I committed to knowing for a fact that the status quo absolutely was not working: not for him, me, or the rest of the family.

Since no agency could help, it had to be me. I had the power because Johnny lived in my house with me – otherwise, I realized, I would have had no legal authority over him.

Johnny already had his OPWDD eligibility. I visited Social Security, ACCES VR, and interviewed Medicaid service coordinators (MSC).   For the record: if you are NOT happy with your MSC you can and SHOULD change them. There is absolutely no reason for you to stay with someone who is not helping you/ your child.

8 months later… Everything is in place!

Johnny has a new Medicaid service coordinator, who has visited my son numerous times (over the course of just six weeks)! I rented an apartment less than one mile from my house for one year. Johnny is set up there. I buy his groceries; he comes with me, is engaged and helpful. He even washes his sheets – I couldn’t get him to ‘allow’ me to clean his sheets when he lived at home, but now, we are learning how to do laundry and have washed his new sheets. Life is good. Johnny is 1000% more engaged in his life, I am happier, his siblings experience calmness in their home, ACCESS VR is helping Johnny find a job and our MSC is on the case!

What to learn from my experiences:

1. You can ask 100 people their opinion regarding your child but only you can change the status quo.
2. Don’t be afraid — Change is good!
3. We need to organize our kids’ lives so that when we are not around their life can continue and flourish!

If I could impart one piece of advice based on this experience and my knowledge: Sort out a transition plan for your child before he or she reaches the age of majority and seek guardianship, if appropriate. The age of majority is legally 18 in New York; regardless of whether your child has a disability or not.Take these steps before he/she exits high school. Contrary to popular belief, these two moments in time are not necessarily the same as your child may be entitled to exit high school at 21 years of age.

Learn more about our transition planning services by visiting www.specialneedsnewyork.com.

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A Roth IRA provides considerable flexibility both before and after retirement. It is funded with after-tax dollars, so that it grows tax-free for the rest of the account holder’s life. There are no penalties or taxes for taking an early distribution of the amount contributed to the Roth IRA, providing peace of mind in case of an emergency later on.

A 401(k) is funded with pre-tax dollars and the account grows tax-deferred, so that taxes are paid when the distributions begin. Contributions to a 401(k) account receive an immediate tax deduction, but are subject to the uncertainty associated with future tax rates.

The most important consideration when balancing savings between a 401(k) and a Roth IRA is to make sure to contribute enough to the 401(k) to receive the full amount of the matching contribution from the employer. If there is no matching contribution or the match has already been met, then it is time to focus on the Roth IRA.

For people under the age of 50, there is a $5,500 annual limit on contributions to a Roth IRA. If an individual would like to keep saving after contributing enough to max out their Roth IRA and 401(k) employer matching, then more can be added to the 401(k) for additional tax deductions. If both accounts have been maxed out, it may be time to turn to a brokerage account or deferred variable annuities.

To learn more about our retirement planning services, visit www.littmankrooks.com.

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Our guest blogger this week is Liane Kupferberg Carter, Writer, Journalist, and Autism Advocate.

(Originally published by The Chicago Tribune)

Maybe it’s just this time of year making me pensive. Summer is ending. Kids are leaving for college. Social media are crammed with articles and advice on how to weather the seismic family shift: “Get Your Heart and Mind Ready.” “Loosen the Times That Bind.” “How to Navigate What Comes Next.”

My autistic son, Mickey, has finished high school. In our state, a developmentally disabled child “exits” the school system at 21. They call it “exiting” — not “graduating.” He has “transitioned” — to a Byzantine, chronically underfunded system of government services for disabled adults. Mickey hasn’t graduated, exactly. Neither have I.

This point was recently driven home when a woman in our neighborhood emailed us an invitation to a barbecue for a club she was starting for “empty nesters.” I get it. When our older son, Jonathan, left for college, it felt like a rift in the family fabric. Mickey, then 14, summed it up when he asked, “My brother doesn’t live here anymore? Are we divorced?”

My husband, Marc, and I inhabit a peculiar no man’s land. Our children are grown, but we are not empty nesters. The realization that we will in all likelihood never be empty nesters is a sadness all its own.

For the past two years I’ve been a member of an invitation-only Facebook group of middle-aged female writers. My fellow midlifers are prolific bloggers. They lament their empty nests, but mostly they write with excitement and joy about rediscovering themselves. They celebrate their newfound freedom to travel, return to the workplace, new hobbies or new passions. Initially the group was called Generation Fabulous: The Women of Midlife.
I don’t feel fabulous.

Maybe it was the woman who last week posted a picture of herself poolside in Hawaii. It wasn’t a self-portrait. It was a photo of her manicured toes. Next to a glass of red wine. Beside a bowl of chocolate-covered cherries. Yes, she styled that self-satisfied photo herself. Yes, I’ve read the study that says Facebook makes people discontented because everyone else seems to live a perfect life. And, yes, I know that people curate what they post. They share their highlight reels. Those chocolate-covered cherries did me in anyway.

I’m embarrassed to admit how much I envy these women. I’m not scaling Machu Picchu, sailing the Galapagos or climbing Kilimanjaro. I’m not “finding” myself. I’m right here. Where I have always been.

I can stand far enough back to hear how whiny I sound. Which makes me feel ashamed. Especially when I know how much ease and comfort I still manage to enjoy. My marriage is strong. Jonathan is thriving. I get paid to blog. I’ve just finished writing a memoir. To complain about something I imagine I’m missing in my life is, as Jonathan would put it, a “first-world problem.”

This past spring I got an invitation from the high school to a workshop on “helping your child survive freshman year at college away from the safe nest of home.” I realized how little I have in common anymore with most of the parents in our community. I miss the easy connections I made with other mothers when all of us were knee-deep in raising children. In the months since Mickey “exited,” I’ve come to realize how much of our social life was based on shared school activities or milestones. Sports. Religious school. Sleep-away camp. Most of those situational friendships have drifted away. Maybe they were never true friendships, but I still miss them. Occasionally empty-nest friends call us last minute for dinner and a movie. They forget that for us, any activity first and foremost involves finding a sitter for our 21-year-old son.

Parents like me buck the baby boomer’s empty-nest trend. What will our “reinvention,” our second acts, look like? According to a 2013 study in the journal Autism, young adults with a diagnosis of Autism Spectrum Disorder are more likely to live with their parents compared with those with other types of disabilities. They are the group least likely to live independently after high school. Lisa Goring, vice president of family services at Autism Speaks, confirms this, telling me, “Approximately 80 percent of adults with autism up to 30 years old live at home.”

Mickey isn’t ready to live somewhere else. Neither are we. Will we ever be? At some point I know that moving out will be in his best interest. I’ve heard too many horror stories about disabled adults who live with aging parents until a health crisis — often the death of the last parent — catapults the grieving, grown child into the state system. A state that must then scramble to place him anywhere it can find, whether the fit is good or not.

Marc and I know we will need to make hard choices. Just not yet. Mickey is going to live with us for a long, long time, until the day we can’t do this any longer. Then we will have to find a safe group home for him. A thought so painful I cannot breathe.

My friend Elaine calls. She has a developmentally disabled son too. We met in a speech therapist’s office nearly 20 years ago. We speak a special shorthand. I tell her I’ve been feeling blue. I confess my mean and ugly thoughts. “I get it,” she says, over and over. It feels like lancing a boil. Painful relief to let out the poison.

“No one who hasn’t lived this really knows what it’s like,” she says.
“That’s true about everything,” I say. “When you had cancer, I was sympathetic and scared for you. But did I really, truly know how you felt? Of course not.”

Of course not.

You can’t completely understand what you haven’t experienced firsthand. That, I suddenly realize, is the point. Everyone has something. A parent with dementia. A child with mental health problems. A sick spouse. In the end, grief finds us all.

“If you put everyone’s worries in a pile in the middle of the room and said, ‘Choose,’ each of us would probably take back our own bundle,” Elaine points out.

“True,” I concede. “Who was it who said, ‘Comparison is the thief of joy?’”
Probably someone with a special needs child.

Learn more about Liane: Friend her on Facebook  or follow her on Twitter.

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Access to Information

The family needs to understand and have access to the individual’s documents. Three steps are recommended: creating a centralized and comprehensive collection of documents and information; talking to family members about wishes; and providing key documents such as powers of attorney to family members named in those documents.

The collection of documents and information should include not just the estate planning documents, but also information regarding online accounts, burial arrangements, and all financial accounts.

Cash Flow

After the initial steps in administering the estate, cash from the estate will be available to settle debts and pay for estate administration costs. The cash from the estate may not be available immediately after the individual’s death, but bills such as burial costs and attorneys’ fees come quickly. Individuals should ensure that there is enough cash flow to handle the initial costs.

Bills and Accounts

Having a list of the account numbers and information for all financial accounts and debts prevent issues such as unknown creditors and unclaimed assets. There should also be a list of bills, particularly bills that are automatically withdrawn each month. Additionally, the individual should keep a list of online accounts and passwords.

Special Arrangements

Some people have special requests or arrangements which require additional planning. For example, the survivors of veterans who wish to be buried in a military cemetery must provide the veteran’s DD214; not having it on hand can cause delays. Such arrangements should be discussed and planned for.

Learn more about our estate planning services by visiting www.littmankrooks.com.

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Access to Information

The family needs to understand and have access to the individual’s documents. Three steps are recommended: creating a centralized and comprehensive collection of documents and information; talking to family members about wishes; and providing key documents such as powers of attorney to family members named in those documents.

The collection of documents and information should include not just the estate planning documents, but also information regarding online accounts, burial arrangements, and all financial accounts.

Cash Flow

After the initial steps in administering the estate, cash from the estate will be available to settle debts and pay for estate administration costs. The cash from the estate may not be available immediately after the individual’s death, but bills such as burial costs and attorneys’ fees come quickly. Individuals should ensure that there is enough cash flow to handle the initial costs.

Bills and Accounts

Having a list of the account numbers and information for all financial accounts and debts prevent issues such as unknown creditors and unclaimed assets. There should also be a list of bills, particularly bills that are automatically withdrawn each month. Additionally, the individual should keep a list of online accounts and passwords.

Special Arrangements

Some people have special requests or arrangements which require additional planning. For example, the survivors of veterans who wish to be buried in a military cemetery must provide the veteran’s DD214; not having it on hand can cause delays. Such arrangements should be discussed and planned for.

Learn more about our estate planning services by visiting www.littmankrooks.com.

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Access to Information

The family needs to understand and have access to the individual’s documents. Three steps are recommended: creating a centralized and comprehensive collection of documents and information; talking to family members about wishes; and providing key documents such as powers of attorney to family members named in those documents.

The collection of documents and information should include not just the estate planning documents, but also information regarding online accounts, burial arrangements, and all financial accounts.

Cash Flow

After the initial steps in administering the estate, cash from the estate will be available to settle debts and pay for estate administration costs. The cash from the estate may not be available immediately after the individual’s death, but bills such as burial costs and attorneys’ fees come quickly. Individuals should ensure that there is enough cash flow to handle the initial costs.

Bills and Accounts

Having a list of the account numbers and information for all financial accounts and debts prevent issues such as unknown creditors and unclaimed assets. There should also be a list of bills, particularly bills that are automatically withdrawn each month. Additionally, the individual should keep a list of online accounts and passwords.

Special Arrangements

Some people have special requests or arrangements which require additional planning. For example, the survivors of veterans who wish to be buried in a military cemetery must provide the veteran’s DD214; not having it on hand can cause delays. Such arrangements should be discussed and planned for.

Learn more about our estate planning services by visiting www.littmankrooks.com.

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The holiday season is just around the corner, which means families are starting to make plans to travel, see loved ones and use up the rest of their vacation days before 2015 begins. So with the idea of time off on many people’s minds, it’s a good time to talk about how things like vacation and sick days work if you employ an in-home caregiver. Many of us are simply told when we began our current job how many vacation days, sick days or personal days we get each year and we just accept that. But did you know there are federal and state labor laws in place that dictate paid time off?

If you employ a caregiver in your home, federal law does not explicitly require you to offer any form of paid time off to your employee. However, in the state of New York, after 1 year of employment, you are required to provide at least 3 paid days off. The law makes no designation whether these should be vacation, personal days or holidays – just that your employee is entitled to have 3 paid days off. Most families that want to attract a quality caregiver probably already offer this minimum, but in case you’re reading this trying to plan the benefits package for your employee, keep that number in mind.

Additionally, if you live in New York City, you’re required to provide 2 days of paid sick time per calendar year after your caregiver has worked for you for 1 year. Any unused sick time is allowed to be carried over to the next year or paid to the caregiver if they are terminated. City law also requires you to keep sick time records for 3 years.

Finally, the state requires you to provide a written notice to your caregiver about your policy on sick leave, vacation, personal leave and holidays. This can be worked into your formal employment agreement and is a great way to get on the same page during the hiring process so your working relationship is positive from the start. Whatever you decide on with your caregiver, just make sure it’s in writing and understood by your employee before they begin working for you. The holiday season is not a good time to have a conversation about how many vacation days your caregiver has left in the year.

If you need help putting together a sample employment contract that includes paid time off, you can find one at Care.com. And if there are other aspects about being a household employer you get stuck with, just visit our state-specific tax page on the HomePay website.

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Group homes are good for the health of the individuals served by them and they are also good for the health of the community. Adults with developmental or other disabilities benefit from varied social interaction. When certain groups of people are isolated from others, unwarranted fears and resentments can build. The vision of people with disabilities living their lives as an integral part of the community has proven to be a vast improvement over past over-reliance on institutional solutions.

Nevertheless, neighborhood residents often resist the placement of group homes. Their apprehensions may include declining property values, safety issues, or an increase in traffic. Residents’ concerns may stem from a fear of the different or the unknown. However, multiple studies have shown that the presence of group homes has little effect on property values and the problems envisioned by residents do not materialize. Often, residents objecting to group homes say that they want people with disabilities to have a home, just somewhere else – “not in my backyard.”

Often the law must protect the human rights of a few from what the majority might prefer. New York’s Padavan Law prevents communities from excluding group homes unless the area is already saturated or a better site in the same community can be found. Communities often file objections but they rarely succeed in blocking a group home.

Because of the Padavan Law, passed in 1978, a quiet revolution has taken place in New York. The care of adults with developmental disabilities shifted from institutional care to community settings. However, to achieve a community that truly understands, welcomes and supports people with disabilities, we need not just strong laws, but people willing to speak out for what is right. Noam Bramson, the mayor New Rochelle, showed that leadership in an eloquent website post that called for community support of group homes. Bramson wrote that at a recent City Hall meeting, residents of a tight-knit, middle class neighborhood spoke overwhelmingly against a proposed group home and the City Administration responded by filing the appropriate objection with the state Office of Mental Health. Bramson publicly opposed the City’s action, despite the residents’ concerns. Indeed, he said that he knew the residents would eventually greet their new neighbors with courtesy and warmth. Bramson knew the objection was likely to fail and he could have kept quiet, but he chose to take a stand in support of people who often lack an effective political voice of their own.

Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.

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Recent years have seen a welcome shift in public attention toward understanding the serious repercussions of bullying in school. Our society now recognizes that bullying, once dismissed as simply part of growing up,can have a serious negative effect on the mental health and social development of children, even into adulthood.

For children with autism, the problem has even greater scope and effect, in part because children with autism have intrinsic vulnerability to bullying and they are more likely to be victims of bullying. Children often face bullying for being different and the sensitivities and typical peers may not understand the behavioral differences of children with autism.

In addition to being more likely to be bullied, children with autism may have more trouble understanding and responding to teasing. Children with autism tend to interpret statements literally, so they may not understand jokes or sarcasm. Stress and anxiety may lead to an outburst or other problematic behavior, which can lead to further harassment.

The consequences of bullying can be severe. Research has shown that children who are victims of bullying may develop low self-esteem, learning difficulties, anxiety, depression and other symptoms, all of which can persist well into adulthood. In addition, although some types of bullying may decrease as children get older, that may not be the case for children with autism. Indeed, there may be a greater cause for concern with older children.
Here are four action steps you can take to address any bullying of your child:

1. Do Not Ignore Problem of Bullying. Faced with these challenges, it is important for parents and teachers to be aware of the problem and take action to prevent and respond to bullying. Do not ignore early signs that a student is being bullied or is bullying another student.   Some of the focus must be on the bullies rather than the victims. Teachers should not only intervene when they witness bullying themselves, but teach other students how to do so. A school district’s curriculum and code of conduct should promote an environment free of harassment.
2. Help Children Advocate for Themselves and Report to Adults. Children with autism can also be taught how to respond appropriately to different types of bullying behavior. Role-playing exercises can be especially effective in instilling the confidence and self-esteem necessary to respond effectively. Through conversations with parents and teachers, children with autism can learn when they need to strongly stand up for themselves and when they might be able to use a joke to deflect more mild teasing.  Make sure a child has a trusted adult in the school to whom to report any bullying. Parents and teachers must provide an appropriate balance of support to protect children from bullying while allowing independence and peer relationships to develop. Parents should bring this up at their child’s next Committee on Special Education team meeting, so that that team can consider goals to help the child advocate and needed supports for the child.
3. Use State Law and School Policies as Tools to Stop Bullying. Finally, when a child is the victim of bullying, parents and teachers must take steps to intervene. Under New York’s Dignity for All Students Act (“DASA”), schools must protect students by taking prompt action to end harassment, bullying or discrimination that is reported to the administration. Parents should communicate with the school’s Dignity Act Coordinator for students with disabilities, and report any harassment. Check your school district’s policies and procedures
4. Document Bullying. Be sure to document any instances of bullying in writing and report them to the school. Take pictures of any physical injury. Save copies of text or Facebook and other social media messages.

Preventing bullying requires a multifaceted approach, with attention paid to a number of factors within a social context, which is only possible when bullying is recognized as a serious problem. All parents and teachers should take active steps to raise awareness, teach children strategies to respond to harassment, and take action to prevent bullying.

Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.

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The term “aging in place” is being heard more frequently these days. Simply put, “aging in place” means remaining in your own home and maintaining your independence as you grow older. Some Americans hope to accomplish this entirely on their own; others assume they will have the aid of nearby family members. But there is another option. By joining a local aging-in-place organization older adults are now finding they can have the best of both worlds – the privacy and autonomy they value plus peace of mind from belonging to a community of people who are willing to step in to lend a hand when needed.

To date there are 145 such organizations (frequently referred to as “Villages”) already operating around the country. These nonprofit groups have proved so popular that 125 more are in development. There are ten “Village” in New York State, with seven more on the way.

One such group in Westchester County is At Home on the Sound. Serving Larchmont and Mamaroneck, At Home on the Sound is currently comprised of 150 members (ranging in age from 62 to 100), plus approximately 80 community volunteers of all ages. Many of At Home’s members are also volunteers. Besides providing enriching programs and activities, At Home on the Sound matches the volunteers with members who need local transportation or other assistance. In any given week At Home on the Sound provides 25 to 30 rides to doctor appointments, errands – even the nail salon!

At Home on the Sound volunteers are also available to handle simple household maintenance tasks like changing a hard to reach light bulb or fixing a leaky faucet. Several times throughout the year local high school students offer technology workshops providing one-on-one assistance to At Home members with cell phones and iPads. Staying up-to-date with technology not only has wonderful social benefits but can be a matter of safety as well.  An occupational therapist offers free home safety assessments, while a volunteer Medicare expert conducts annual seminars to keep members up-to-date on laws and deadlines. Trained volunteer patient advocates are even available to accompany members to medical appointments.

At Home on the Sound schedules at least a dozen social and cultural programs each month for members. A gentle yoga class is offered every week. Lectures are held on a vast array of topics from Acupuncture to the Constitutional Convention. Bus trips are organized for outings to museums, Broadway shows, and concerts. Activities such as Scrabble, Bridge, foreign language conversation, and current events discussions bring together like-minded members for fun and intellectual stimulation. All the programs are designed to ward off the sense of isolation that can sometimes come with age.

Not only do aging-in-place organizations improve the lives of members, these nonprofits can also be a godsend for family members who live far away and may not have regular contact with their older loved ones. With a quick local phone call, the older adult who belongs to an aging-in-place group can easily access a ride or other assistance when needed.

Aging-in-Place organizations around the country offer similar services to enhance and improve the quality of life for older adults – and their families. To see if an aging-in-place organization is currently serving your area visit the Village to Village network for a searchable map of the US.

Learn more about At Home on the Sound by clicking here.

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The new law requires the New York City Department of Education to evaluate the need for audible door alarms and install them where they are deemed necessary. The evaluation and a timeline for installation must be completed by May 30, 2015. The law as passed is not as strong as the original proposal, to simply require audible alarms on school doors.

On October 4 of last year, Avonte Aquendo went missing from the Center Boulevard School in Long Island City, Queens. Avonte had severe autism and was not able to speak. Volunteers participated in a massive search for the boy. His body was found in College Point along the East River three months later.

Mayor de Blasio said that the legislation would protect other children from tragedy. Vanessa Fontaine, Avonte’s mother, said she supported the new law, but the family still had unanswered questions. She filed a wrongful death lawsuit against several city agencies in June.

Avonte’s Law is one practical response to the tragedy, but more action is needed to keep children with special needs safe. Children with autism in particular may be prone to bolting or wandering, but children with other special needs often require additional supervision as well. On September 15, a 15-year-old girl with an emotional disabilities and ADHD disappeared from her school in Brooklyn, leading to a search by family members and police. Thankfully, Nashaly Perez was found safe, but her mother said that officials at the special needs school did not take the disappearance seriously enough. How many times does a child with a disability have to disappear from school before New York City takes strong and effective action?

Every child with special needs has different needs, and parents must ensure that a child’s Individualized Education Program (IEP) reflects the level of supervision that is needed, and that school officials are aware of the requirements and follow them. However, Avonte’s case is one tragic example that reveals that school officials do not always follow through on instructions in a student’s IEP. Avonte’s IEP included a warning from his mother that he needed one-on-one supervision, because he liked to run and would leave the building. An investigation showed, however, that no one who was with Avonte the afternoon he ran had been informed of that tendency.

Avonte’s Law represents a step in the right direction, but school officials and teachers can and should do more to protect children with special needs.

Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.

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The Workforce Innovation and Opportunity Act includes a “job-driven checklist” that is intended to ensure that participants in the programs are being trained for jobs in industries that actually need more workers. Much of the focus is on the long-term unemployed and on people who have experience but need re-training.

The new law will also focus on job training for people with disabilities. According to a Senate summary of the legislation, the unemployment rate is highest among people with disabilities. Over two-thirds of people with disabilities do not participate in the workforce at all. The law aims to address that problem by training individuals with disabilities in the skills that are necessary to be successful in a competitive, integrated workplace. The act also aims to improve outreach to young people with disabilities, to provide them with the training needed for successful employment.

Read more about The Workforce Innovation and Opportunity Act by clicking here. Learn more about our special needs and special education advocacy services by visiting our website, www.specialneedsnewyork.com.

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The Workforce Innovation and Opportunity Act includes a “job-driven checklist” that is intended to ensure that participants in the programs are being trained for jobs in industries that actually need more workers. Much of the focus is on the long-term unemployed and on people who have experience but need re-training.

The new law will also focus on job training for people with disabilities. According to a Senate summary of the legislation, the unemployment rate is highest among people with disabilities. Over two-thirds of people with disabilities do not participate in the workforce at all. The law aims to address that problem by training individuals with disabilities in the skills that are necessary to be successful in a competitive, integrated workplace. The act also aims to improve outreach to young people with disabilities, to provide them with the training needed for successful employment.

Read more about The Workforce Innovation and Opportunity Act by clicking here. Learn more about our special needs and special education advocacy services by visiting our website, www.specialneedsnewyork.com.

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The Workforce Innovation and Opportunity Act includes a “job-driven checklist” that is intended to ensure that participants in the programs are being trained for jobs in industries that actually need more workers. Much of the focus is on the long-term unemployed and on people who have experience but need re-training.

The new law will also focus on job training for people with disabilities. According to a Senate summary of the legislation, the unemployment rate is highest among people with disabilities. Over two-thirds of people with disabilities do not participate in the workforce at all. The law aims to address that problem by training individuals with disabilities in the skills that are necessary to be successful in a competitive, integrated workplace. The act also aims to improve outreach to young people with disabilities, to provide them with the training needed for successful employment.

Read more about The Workforce Innovation and Opportunity Act by clicking here. Learn more about our special needs and special education advocacy services by visiting our website, www.specialneedsnewyork.com.

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The summer has flown by and now it is time to think about going back to school. While this can be an exciting time, it can also be an anxiety-provoking experience. This is especially true for students with special needs and their parents. Here are some suggestions to make the back to school transition easier:

1. Do You Have Your Child’s IEP or 504 Accommodation Plan? Make sure you have your child’s current 2014-2015 Individualized Education Program (IEP) or 504 Plan. If you do not, give your school district a call or send an email requesting that it be provided to you as soon as possible prior to the start of the school year.

2. Has Anything Significant Changed Over the Summer?

• Did your child have any new evaluations or even a new diagnosis?
• Did new concerns, behaviors or issues develop for your child over the summer, which were not discussed at the end of the year IEP or 504 meeting?
• Did your child make such significant gains or have a significant regression over the summer, so that the goals on the IEP are no longer meaningful?
• Are there accommodations that you have discovered to be useful over the summer that are not reflected in the 504 Plan?

If the answer to any of these is “yes,” then you need to contact the special education office and let them know and, if necessary, call a meeting.

 3. Have You Read It?

Make sure you have read your child’s IEP or 504 Plan. Your child’s IEP is your contract with the district. The IEP speaks to what services your child is going to receive for the upcoming year and what your child is expected to achieve this upcoming year. Make sure you understand how your child’s progress is being measured. Will data be taken? How often will data be collected? How and when will you be provided with progress reports? If your child has a 504 plan, make sure the accommodations accurately reflect your child’s school needs.

4. Do You Understand the “lingo”?

In order to advocate effectively for your child and understand his or her IEP or 504 Plan, it is important to have a good command of the language used in the special education arena. There are numerous acronyms.

Click here for a list of the acronyms used in the special education process.

5. Take a Tour

If your child will be attending a new school, this is a great time for a tour of the campus to help ease nerves on the first day of school. Doing a walk through of the school before the school year begins  may reduce some anxiety. Locate his or her classroom(s) and look over the desk arrangement and the classroom organizational system. Find the bathrooms, auditorium, nurse’s office, and gym. If your child travels from class to class, walk them through their schedule.

6. Set Up a Meeting or Send an Email

During the back to school time, teachers are busy preparing for all of their students. To avoid confusion and to ensure a smooth start to the school year, set up a meeting or send an email to your child’s teacher(s). If possible, it is a good idea to schedule a meeting with your child’s teacher to review his or her IEP or 504 Plan. This is a great time to provide the teacher with special insight on your child’s learning style, ask questions about homework, or provide information about a special diet that your child may be on.

For many students, , it is also a good idea for the child to meet their teacher(s) as well as any other service providers who will be working with them to ease anxiety.

If a meeting is not possible, you may want to create readable “down and dirty” dossier, above and beyond the IEP or 504 Plan:

• Start with your child’s strengths, but do not hold back on challenges.
• If your child has an official “diagnosis” you may want to educate his or her teaching team about the diagnosis and how it may manifest with your child in and out of the classroom.
• Write about how your child acts in certain situations. For example: how does your child act when he or she is angry? Nervous? Sad?
• Highlight the accommodations and services that your child should be getting in school and why they must be in place for a successful school year.

If your child is in middle or high school send this to your child’s entire teaching team so all services, accommodations and modifications are applied evenly and consistently across all settings.

7. Communication is Key

Prior to the school year, it is important to set up the best way to communicate with your child’s teacher(s) and to understand how often they will be communicating with you about your child. Ongoing reports about your child’s progress are critical for parents to fully participate in their child’s education. For some students, that might mean a daily log sent home in the child’s backpack. For others, it may mean a weekly email.  Some may require parent/teacher conferences, team meetings or progress reports. Whatever it will be for your child, you should get it straight before the school year starts so there are no unrealistic expectations and to ensure everybody is on the same page.

8. Set Learning Goals Together

Sit down with your child and brainstorm about the goals of the upcoming school year. Let him or her talk; you listen. Focus on strengths as well as on areas that need improvement. Make goals attainable. Meeting goals empowers a child to meet tougher challenges later.

9. Remember: There Will Be An Adjustment Period

Sometimes parents are quick to say that a program is not working. As a parent of a special needs child, I understand the need to make sure everything is perfect on the first day of school. There is an adjustment and recoupment period built into each grade’s curriculum even for the student without an IEP or 504 Plan, It will take teachers and the other professionals that work with your child time to adjust. We cannot expect perfection in the first couple of weeks. You need to allow the teachers and other professionals get to know your child and his/her unique learning style.

10. Remember: You Have Rights

As a parent of a child with an IEP or a 504 Plan, the law affords you many important rights. Never feel as though you should not invoke those rights if things are not going well. While, as I mentioned above, you should allow for an adjustment period, you should never feel that you are “stuck” with a program that is just not appropriate for your child. If you are not happy with how your child’s school year is progressing request a program review by the Committee on Special Education (CSE) or a meeting of the 504 team.

11. Try to Stay Positive

Remember that teachers and other school personnel went into this business because they care about children. They are as eager as you are for a great school year ahead.

Finally, as school approaches, do not be surprised if your child’s excitement and anxiety blends with some anxiety of your own. Pay attention to your own stress level, and do what you can to send positive, upbeat messages to your child about the year ahead. Praise your child as often as possible. Remember to celebrate minor, as well as major, accomplishments. Above all, do your best to notice those special moments that make parenthood so rewarding!

Wishing you and your children a wonderful and successful upcoming school year!

Click here to download a printable version of The Language of Special Education.

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Because of the complexities in hiring private duty care, it’s easy for families to misstep if they don’t have adequate help from the start. In fact, many of the more common household employment payroll and tax mistakes can be avoided by addressing a few key items at the time of hire. So if you’re about to hire in-home care, keep these three things in mind as you’re discussing the details of the employment arrangement with your new employee:

1. Go over the New York Wage Notice together. State law requires all employers to provide a Wage Notice to their employee at the time of hire and again by February 1^st of each subsequent year of employment. But aside from complying with the law, the Wage Notice requires a myriad of information that will get both of you on the same page right away, including;

1. Your name, address and phone number
2. The employee’s hourly and overtime rates of pay
3. The day of the week the employee will be paid and what they’ll be paid weekly

2. Talk about your time off policy. Similar to the Wage Notice, the state of New York requires employers to give their employee written notice about their policy on sick leave, vacation, personal leave and holidays. After one year of employment, your employee is entitled to at least three paid days off. And if you live in New York City, you’re required to give your employee two days of paid sick time per year as well. These requirements are important to know – not only from a compliance standpoint, but also because many families overlook time off and are unprepared for when their employee asks for a vacation or calls in sick.

3. Purchase workers’ compensation and disability insurance policies. If your employee will work 40 hours or more per week – or is a live-in employee – you must purchase a workers’ compensation and disability insurance policy. These two items are not handled through the tax and payroll process, but are very important because they provide financial assistance to your employee if s/he is unable to work due to injury or illness. Families caught without coverage can be held liable to pay their employee’s medical bills and lost wages and can be subject to large fines from the state. The most convenient solution for obtaining both a workers’ compensation and disability insurance policy is to contact the New York State Workers’ Compensation Board at (877) 632-4996.

By addressing these three topics before your employee starts, you’ll avoid getting off on the wrong foot both with your employment relationship and your payroll and tax situation. Like any new endeavor, mistakes can happen, but if you spend the time to research what your requirements are and come up with a game plan that is easy to execute, household employment doesn’t have to be as complicated as many people make it out to be.

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The New York State Department of Education’s Office of State Review (“SRO”), which hears appeals of special education proceedings after an Impartial Hearing Officer (“IHO”) decision, has been out of compliance with federal mandates to issue timely decisions within 30 days, since April of 2012. This delay has impeded the right of many children with disabilities to a free appropriate public education. Some cases in our office, for example, have been pending with the SRO for two years, and we believe that the SRO must come into compliance with federal mandates immediately or at the very least, within one year.

NYSED Requests Compliance Agreement

On Wednesday, July 16, the United States Department of Education (“USDOE”) conducted a public hearing in Manhattan to hear comments from the public on a proposed Compliance Agreement to be entered into by the New York State Education Department (“NYSED”) and the USDOE. Specifically, NYSED has requested that the Department allow NYSED to enter into a Compliance Agreement to resolve its noncompliance within three years. NYSED has stated that it is not able to correct this noncompliance within one year due to the significant and unanticipated increase in the number of appeals of due process hearing decisions under the IDEA. In testimony on July 16th, NYSED also attributed the delay to the quality of Impartial Hearing Officers (“IHOs”) decisions.

NYSED’s Commissioner John B. King formally requested, in an April 9, 2014 letter, that the USDOE consider allowing NYSED to enter into the Compliance Agreement. Specifically, in the letter, NYSED acknowledged that the SRO was not in compliance with IDEA mandates and identified several reasons why the State is unable to come into compliance within one year, such as the number of NYSED identified current and proposed actions to bring NYSED into compliance with the 30-day timeline requirement within three years, such as hiring more staff members.

USDOE Sought Comment on Two Questions

At the public hearing, the USDOE panel asked the public to comment on two questions:

1. Can NYSED come into compliance within one year with the IDEA Part B requirement to issue within 30 days, unless a party requests and is granted a specific extension, a State-level independent decision in an appeal of a due process hearing officer’s decision (i.e., is compliance with this requirement not feasible until a future date beyond one year)

2. Will NYSED, within a period of no more than three years, be able to come into compliance with this IDEA Part B requirement (30 days for a State-level independent decision), and, if so, what provisions should be included in the Compliance Agreement to ensure that compliance is achieved as quickly as possible?

NYSED Must Come into Compliance within One Year

NYSED must come into compliance with the IDEA requirement to issue a decision within 30 days, within one year. All stakeholders who practice in the areas—school districts, parents, attorneys and IHOs– understand the importance of IDEA timelines. In enacting IDEA, Congress recognized that timeliness is central to the IDEA and a failure to meet its procedural deadlines can be tantamount to a denial of FAPE. The SRO should not be excused for non-compliance. The SRO’s delay causes a lack of predictability, trust and accountability of the process for all stakeholders. But most importantly, the delay causes unconscionable and irreparable harm to vulnerable children who have a limited time to receive a free appropriate public education. Due to the delay, many students lose their chance for appropriate placements. As one parent at the public hearing noted, “Justice delayed is justice denied.”

The SRO, which for 2013, has rendered approximately 238 decisions, has the ability to come into compliance with simple structural and practice changes. These changes could include:

• a schedule that sets clear, mandated expectations for the number of days available to review the record, the number of days to draft a decision and the number of days to issue it;
• a directive that dismissals do not require decisions and;
• a directive to adopt, in accordance with New York Civil Practice Laws and Rules standards, a greater deference for review of decisions of IHOs, as the fact-finders.

If USDOE Allows Compliance Agreement, Must be Strong and Vigilant Federal Oversight

If the USDOE approves a three year time window to allow the SRO come into compliance, it must exercise relentless oversight over NYSED and monitor practice changes. Among other things, the USDOE should include in its compliance agreement, provisions which:

• Ensure that the NYSED implements structural changes and policies to set clear expectations for the number of days taken to review the record, write a decision and issue a decision;
• Direct the SRO to examine its review practices and issue a directive that dismissals do not require decisions and a directive to adopt, in accordance with New York Civil Practice Laws and Rules standards, a greater deference for review of decisions of IHOs;
  
• Investigate claims of bias in favor of local educational agencies (“LEA’s”) and ensure that SRO decisions are impartial and sufficiently deferential to IHO fact-finding, as SRO practices and bias toward LEAs could be contributing to a greater number of appeals;
• Address student rights lost by the delay and direct NYSED to allow IHOs increased discretion to revise pendency standards so that if any SRO decision takes more than 30 days, the prior IHO decision may become final;
  
• Monitor and examine decisions and practice to ensure reasonable progress, with goals and benchmarks;
• Create an advisory panel of New York stakeholders including LEA representatives, parents, attorneys, advocates, eligible students and other stakeholders, to have input and assist with monitoring.

In short, the SRO delays are inexcusable and have impeded the rights of many children to a free appropriate public education. The USDOE must take immediate and appropriate steps to ensure that the SRO comes into compliance with IDEA mandates with all deliberate speed, and, if it considers a compliance agreement, it must ensure that it protects the rights of New York’s most vulnerable children.

There is still time to give input. The USDOE is accepting comments. Written testimony or public comments may be submitted until July 26, 2014 by email to:  OSEPnysedhearinginfo@ed.gov by mail (postmark by July 26, 2014) to Jocelyn Logan-Friend, United States Department of Education, Office of Special Education Programs, Potomac Plaza, Room 4132, 550 12th Street, S.W., Washington, D.C. 20202.  The USDOE notes that commenters will not receive acknowledgement of receipt of written testimony and your testimony will be part of the public record that may be obtained through the Freedom of Information Act as appropriate.

By: Giulia Frasca, Esq.

The Justice Department conducted a study that shows that although children with special needs who receive special education services comprise twelve percent (12%) of the nation’s students, they constitute nineteen percent (19%) of students disciplined with either a suspension or expulsion. These percentages indicate that school districts often fail to understand the rights of students with disabilities and proactively provide positive behavioral supports.

The Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) protect the rights of students with disabilities in that they cannot legally be subjected to long suspensions or expulsions for behaviors that are manifestations of their disabilities. Under New York State law, which applies to all students, whether classified or not, a “short-term suspension” is defined as five days or less. The Principal of the school can issue a short-term suspension. The parents have a right to an informal conference. The parent must receive twenty-four hour notice of the suspension and tutoring must begin, technically, immediately; however, this rarely happens.

Under New York State law, a “long-term suspension” is defined as a suspension that lasts more than five days. Long-term suspensions can only be issued by the Superintendent of the district and only after the Superintendent conducts a hearing to determine innocence or guilt. Witnesses may be called and cross-examined at the “Superintendent’s Hearing.”

Under the federal special education law (IDEA), a suspension in excess of ten school days constitutes a “change in placement,” and cannot be issued without going through the CSE. It is important to note that “ten days” can either mean ten consecutive days, or a series of short-term suspensions that add up to ten days if they are a part of a pattern of suspensions.

If a school district is seeking to suspend a student with a disability for longer than 10 days, it must conduct a manifestation determination. The “Superintendent’s Hearing”, discussed above, must occur first. If the student is found “guilty” at the Superintendent’s Hearing, the manifestation determination must be scheduled. CSE members, including the parent, attend the manifestation determination and make the determination. The CSE team will review information such as the student’s IEP, teacher observations, information from the parent and, sometimes, testimony from the student. The objective of the manifestation determination is to determine whether the conduct for which the district seeks to discipline the student was caused by, or had a direct and substantial relationship with the student’s disability, and/or was the conduct a direct result of the district’s failure to implement the student’s IEP.

If the conduct at issue is determined to be a manifestation of the student’s disability, the student must be returned to the placement from which he or she was removed unless the parent and the district agree upon a new placement.

If the CSE team has not yet conducted a Functional Behavioral Assessment (FBA), one must be conducted and a Behavioral Intervention Plan (BIP) must be developed. If the child already has a BIP, the CSE must review and modify the BIP in consideration of the conduct that led to the suspension and with the goal of preventing similar behavior in the future. If the behavior was a direct result of the district’s failure to implement the IEP, it is the district’s responsibility to immediately remedy those deficiencies. See Part 201 of the Regulations of the Commissioner of Education. If the school district does not follow the steps described above with regard to suspending a student for more than ten days, it is in violation of law.

Studies show that “reprimands, detentions and exclusion” are ineffective means of modifying student behavior and that forcing a student to be absent from school for long periods of time actually increases dropout rates, especially for students with special needs. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014. This leads to an increased likelihood of unemployment and economic dependence for students with special needs. Rather than remediating the behaviors, suspending a student with special needs can have an unintended, detrimental effect on the student and ultimately society as a whole.

Students with special needs often exhibit associated behavioral issues and challenges and may require concrete examples of prohibited behaviors and conduct. They may have difficulty understanding the school’s disciplinary code as written. A student’s specific disability may also play a role in the behaviors exhibits. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014. For example, a child with Tourette’s syndrome may shout something inappropriate, or repeatedly engage in conduct that is disruptive to others such as tapping, or fidgeting. A student with ADHD may have an outburst due to his or her disability. A student with autism may engage in flapping, banging or other stimulatory behavior. Before the student is disciplined, the relationship of the student’s disability with the offending behavior should be considered.

The movement from self-contained classrooms to the mainstream learning environment may influence certain conduct in students with special needs because there are many more factors that could stimulate, and/or cause anxiety or stress in a student with special needs. They face additional social, emotional, academic and environmental stressors and challenges. These challenges increase as students with special needs transition from elementary school to middle school and from middle school to high school. The predictability and flexibility of their daily schedules are no longer present. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014.

While there may be benefits to receiving instruction in the least restrictive environment as required by the IDEA, the mainstream setting may not be appropriate for all children with special needs. It is necessary for the IEP team to consider each student’s special needs. For example, a student diagnosed with a processing disorder may not be able to maintain his or her focus any may miss crucial information in an ELA class with 25 students. The same may be true for students with hearing impairment. A student with attention issues may have trouble attending to task for extended periods of time. The implementation of common core standards and an increased emphasis on test results may often render it difficult for teacher to be able to individualize programs for students with special needs in the mainstream setting. Funding cuts also make it difficult for school district to provide students with special needs appropriate individualized instruction. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014.

For these reasons, violations of the IDEA have been increasing. Littman Krooks LLP’s special education department works diligently with families of children with special needs to help them obtain a free appropriate public education for their children. To learn more about the Special Education Process at Littman Krooks, click here.

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A case of alleged discrimination by a Manhattan preschool against a boy diagnosed with autism reminds us that individuals with special needs are often treated unfairly and legal action is sometimes necessary to protect their rights.

The parents of a two-year-old boy say that a private school in Tribeca offered him a spot in its preschool program, but rescinded the offer after learning that the boy had been diagnosed with autism. The parents have filed a lawsuit in federal court in Manhattan, alleging violation of the Americans with Disabilities Act (ADA). “While a private school does not have to provide specialized services for a child with a disability, it may not discriminate based solely on disability,” says Marion Walsh, an attorney with Littman Krooks LLP, who assists children with special needs and their parents. “Children with high-functioning autism often can succeed very well in a mainstream environment,” she says. “From a parental perspective, enduring exclusion from school based solely on a child’s disability can be devastating.”

The parents say that the school withdrew their son’s acceptance the same day the school hosted a speaking engagement with Temple Grandin, a noted advocate for people with autism.

The allegations represent a troubling reminder that adults and children with special needs still face discrimination every day. Although strong legal protections are codified in the law, action by parents and attorneys is often necessary to enforce legal rights. Parents and attorneys must continue to be vigilant enforcers.

Three federal statutes protect individuals with special needs from discrimination:

• The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment and in public entities and places of “public accommodation,” which includes most privately-run schools and child-care centers. The ADA does not specific to schools, but in the education context, it requires schools to provide reasonable accommodations, necessary auxiliary services and reasonable modifications of policies and practices to prevent discrimination against students with disabilities.

• The Individuals with Disabilities Education Act (IDEA) requires that every public school district in the United States identify children with disabilities and provide children with disabilities a Free Appropriate Public Education (FAPE). All 50 states accept federal funding under the statute and are therefore required to provide appropriate special education and related services. The IDEA requires the development of an Individualized Education Program (IEP) for each student with a disability and that provides individually tailored services and is reasonably calculated to provide educational benefits.

• Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs and activities that receive federal funding or financial assistance. Section 504 provides that students with disabilities must receive an education that is comparable to that provided to students without disabilities. Even if students do not receive special education services under the IDEA, they may receive related services under Section 504.

Parents, advocates and attorneys have worked tirelessly and persistently to ensure that individuals with disabilities are included in school and workplaces. People with disabilities worked hard to achieve these legal protections. Parents of children with special needs, with support from attorneys and other advocates, must continue to work to enforce those rights. To learn more about the special education process, click here.

Kids want and need heroes like themselves. We may not have superpowers, yet comic books allow us to daydream. Readers can imagine themselves as someone special without limits on their potential. Sadly, most comic books not only ignore autism, but marginalize or inaccurately portray this sensory processing challenge. Examples by current industry leaders depict autism as a mental illness weakness (1), as something to be cured (2), or openly admit how their script writers couldn’t write an autistic character (3). At least I can respect the last comment, because the creative team recognizes their own shortcomings and won’t risk embarrassment.

Face Value Comics stands in this gap. We created the world’s first featured comic book hero with autism! Our founder and script writer is autistic, a PhD student (psychology), and former clinician working with many young people on the autism spectrum.

This sounds like a good start. Comic books can be powerful tools, though. Prominent research shows how children may lack reading proficiency, but kids still love comics (4). Regardless of diverse backgrounds and experiences, people want to believe in heroes.

Studying facial expressions, we literally freeze a character’s emotional state on a static page. Readers can see scientific taxonomies of “happiness,” anger,” and other universally-recognized expressions (5). Speech bubbles give language to the feelings. Following the story, readers build empathy because they grow to predict behavioral patterns.

Comic books allow us to connect with each other in non-threatening ways. Relatively speaking, ~$5 (6) for casual entertainment can fit some budgets. Inside a story, readers may see similarities between a school bully they know and an arch-villain’s behavior. Our character grows to understand how he and others express their feelings, and builds stronger social connections.

Our family-friendly, steam-powered, Victorian-era world has aliens and robots, and test anxieties, and pre-teen romance, and a surprise for readers: Michael, the young man with autism, grows up to become THE ZEPHYR! Finally, comic book fans can have a hero of whom they can be proud, whether or not they have autism.

—
References
(1) http://marvel.wikia.com/Category:Mental_Illness_Weaknesses
(2) http://en.wikipedia.org/wiki/Black_Manta
(3) http://andrewgleason.tumblr.com/post/84354477293/its-kind-of-hard-being-an-autistic-comic-book-fan
(4) http://www.ccl-cca.ca/CCL/Newsroom/Releases/20100721Comics.html
(5) http://www.paulekman.com/universal-facial-expressions/ (PS- I am a certified Expert in the highest level of Facial Action Coding System (FACS) through Dr. Ekman. Our main character’s last name is “Eckman” as a veiled nod of gratitude for his advancement of the science).
(6) http://www.previewsworld.com/Home/1/1/71/920?stockItemID=STK646101

There is an unfortunate paradox in retirement planning: the best time to start saving is when people are least likely to do so: when they are young.

It is not hard to convince people in their 40s and 50s that saving for retirement is important, but saving at that point is so much more effective if one already has a head start from beginning to save in one’s 20s and 30s. The difficulty is that young people have trouble picturing themselves at retirement age, so, by and large, they do not start planning for it.

Behavioral economists call this the “tangibility gap.” For young people, the concerns of today outweigh the concerns of their older, future selves. Unfortunately, that makes it difficult to catch up later.

Fortunately, there is an easy saving tool that many young working people have access to, and it has incentives to save built in. That, of course, is a 401(k) retirement savings account.

A 401(k) is set up to make saving simple. Money in hand is easy to spend, but money that goes straight to a retirement savings account is easy to save. And in the case of an employer-matched 401(k), choosing not to participate means turning down free money, something no one wants to do. Plans vary, but typically an employer will either fully match, or contribute 50 cents on the dollar, for anywhere from 1 percent to 6 percent of employees’ pay contributed to the 401(k). The fact that the contributions are made pre-tax means there is more money to grow through investment, and withdrawals are often taxed at a lower rate in retirement, when one may be in a lower tax bracket.

Truth be told, there are many young workers who do not take advantage of even employer-matched 401(k)s, and that is a mistake. Young people who do start building their 401(k)s will find it much easier to fund a comfortable retirement when the time comes.

When a family hires an individual to perform duties in or around their home, they are considered a household employer. The IRS views the worker — whether a nanny, senior caregiver, health aide, etc. — as an employee of the family for whom she works. For most families, having household payroll and tax responsibilities is akin to learning a new language and most have no clue where to go for guidance. So to help simply this process, here are five quick tips you need to know about household employment before your hire.

#1: Tax responsibilities kick in at $1,900

If a household employee is paid $1,900 or more in a calendar year, the employer is required to withhold and remit payroll taxes to the state and the IRS. If the employer pays less than $1,900, they are still legally obligated to adhere to federal and state labor laws even though no employment tax filings are required.

#2: Household employers must withhold taxes from their employee’s paycheck each pay period

Specifically, 6.2% of gross wages should be deducted for Social Security taxes and 1.45% for Medicare taxes. By law, these taxes (collectively known as “FICA”) must be withheld from the employee’s pay – or else the employer is responsible for them. The employee’s federal and state income taxes are NOT required by law to be withheld, but it is a good idea for the employer to do so. Otherwise, the employee may have a large tax bill due at the end of the year and may be subject to underpayment penalties.

#3: Household employers are required to pay federal and state employer taxes

Just like the employee’s withholdings, employers must pay a 6.2% Social Security tax and a 1.45% Medicare tax on top of the gross wage they pay their employee. It’s sometimes called the “employer match” of the FICA taxes. Additionally, household employers are responsible for paying federal and state unemployment taxes. These taxes must be reported and remitted along with the withheld employee taxes throughout the year.

#4: Additional paperwork is required at year-end

By the end of January, household employers should provide a Form W-2 to their employee. They should also file Form W-2 Copy A and Form W-3 with the Social Security Administration and attach Schedule H to their federal income tax return.

#5: Employers must meet federal and state labor law requirements

Household employees are classified as non-exempt workers. As such, they must be paid at least minimum wage for every hour they work and be paid overtime for all hours over 40 in a 7-day workweek. The rate for overtime pay must be at least 1.5 times the regular rate of pay. (Note: Live-in employees in New York must be paid overtime once they reach 44 hours in a week). In addition, most families in New York are required to carry a Workers’ Compensation and Disability insurance policy (policies can be procured through the New York State Insurance Fund). Following the Domestic Worker Bill of Rights in New York passage in 2010, household employees are entitled to 3 days of paid vacation and 2 days of paid sick leave after one year of service.  Finally, employers in New York must provide a written wage notice (or employment agreement) each year by February 1 as well as detailed paystubs illustrating hours worked, total wages and all tax withholdings.

If you have any questions, please consult IRS Publication 926 or feel free to call us at 1-888-273-3356.

A direct gift or bequest may not be appropriate, for two major reasons:

1. The individual may not be capable of managing significant assets without assistance;
2. It may be necessary to maintain eligibility for government programs that have income and asset limits

One alternative to a direct gift is making a gift to a family member, such as a sibling, who can  be trusted to use the assets in the best interests of the individual with a disability. However, the family member must be willing and able to take on that responsibility and the gift would then become part of his or her estate, leaving it open to be lost in a divorce or claimed by creditors.

Another alternative is a special needs trust, which can help the individual with special needs maintain eligibility for government programs, while making funds available to enhance his or her quality of life. Creating a special needs trust is a complex task that should be done with the assistance of an estate planning attorney, experienced with special needs issues.

Interested in learning more about Special Needs Trusts? Click on the links below:

• FAQ’s about SNT’s
• Special Needs Planning
• Special Needs Trusts

The highest Court in the country has officially stopped using the term “mentally retarded” to refer to individuals with intellectual disabilities.  This shift in terminology by the Court shows a significant shift in society’s progress toward treating each other with dignity.

Specifically, in the recent decision of Hall v. Florida, the Supreme Court of the United States reaffirmed the core holding of the 2002 seminal case Atkins v. Virginia, 536 U. S. 304, 321 (2002).  Atkins created an Eighth Amendment categorical bar to executing persons with an intellectual disability. The case of Hall, also marked a major milestone in efforts to put an end to use of the term “mental retardation” to categorize persons with intellectual disabilities.

“Mentally retarded” represents the term used in the fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual (the DSM-IV).  In prior decisions, the United States Supreme Court has indeed used the term.  But in Hall v. Florida, the Court acknowledges for the first time that the term “mentally retarded” is no longer appropriate to use.

The Supreme Court has sent an important message to the entire country on the importance of language and respect in referring to persons with disabilities.   The Court recognized the impact that words can have one on someone. A major motivation for this change came in 2010, when Congress passed “Rosa’s Law,” which substituted “intellectual disability” for “mental retardation” in several federal laws.

In the Opinion of the Court, Justice Kennedy notes, that previous opinions of the Court have employed the term “mental retardation”, and specifically states that the opinion in Hall uses the term “intellectual disability” to describe the identical phenomenon and that the change in terminology should be used going forward. Justice Kennedy also states that the change in the term “mental retardation” to “intellectual disability” is approved and used in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders, one of the basic texts used by psychiatrists and other experts; the manual is often referred to by its initials “DSM,” followed by its edition number, e.g., “DSM–5.” See American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 33 (5th ed. 2013). See also Rosa’s Law, 124 Stat. 2643 (changing entries in the U. S. Code from “mental retardation” to “intellectual disability”); Schalock et. al, The Renaming of Mental Retardation: Understanding the Change to the Term Intellectual Disability, 45 Intellectual & Developmental Disabilities 116 (2007).

The term “mentally retarded” is extremely pejorative and unnecessary to use when there are other words that do not have as stigmatizing an effect on persons with intellectual disabilities. Justice Kennedy writes the Eighth Amendment’s protection of dignity reflects the nation we have been, the nation we are, and the nation we aspire to be.” Similarly, to protect such dignity, word usage should be contemplated with respect to those who suffer from intellectual disabilities. This change in terminology represents a step forward for protecting those who suffer from intellectual disabilities.

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By Casey Schmalacker, Academic Coach, New Frontiers in Learning

The academic experience is one wrought with change and obstacles that can cause high levels of stress in students. When stress is not contained, it may negatively affect learning by impairing information retention and recall. This can be especially true for students experiencing prolonged stress as a result of the rigors of the academic school year.

Students with learning differences may experience a variety of stressors that can disrupt a successful academic experience. For example, students with ADHD may struggle with impulsivity, leading to poor decision-making and heightened stress. Students with Autism Spectrum Disorders may have trouble making social connections, leaving students feeling isolated and with increased anxiety. Even though students may experience higher levels of stress, their ability to learn should not be determined by this. Success in school can be affected by a student’s ability to cope with higher levels of stress. It is important to examine the various types of stress, the resources necessary for proper coping skills, and the actual processes for coping.

Stress can be categorized into past, present, and future stressors. Because of the ability to affect outcomes, present stress is the most important stress on which to concentrate. Past stress, such as a poor grade on an exam or a poor experience in a social setting, is no longer in one’s control, and, as the saying goes, “What is done is done.” Future stress has several variables surrounding it that is out of one’s control. By focusing on future stress, the unknown and unexpected can cause even more anxiety and stress. Unlike past and future stressors, present stress can be identified and managed in the moment. This sense of control is called a stressor’s amenability to change. Understanding the various types of stress allows students, parents, and teachers to provide the best advice on helping students to manage stressors.

Identifying stress is only the first step in the coping process. In order to fully manage stress, individuals need to utilize coping processes. These processes first require a foundation of coping resources.

There are four main categories of coping resources:

1) Optimism,

2) Control or Mastery,

3) Self Esteem, and

4) Social Support.

Students with various learning differences may lack in these four resources, which in turn may account for their higher levels of stress. Optimism is explained as an individual’s view that “Good things rather than bad things will happen to the self” (Taylor, Stanton, 2007, p.380). Personal Control over a situation is the view that an individual can affect and influence outcomes. Having a High Self Esteem is another coping resource that leads to “lower autonomic and cortisol stress responses,” or less intense episodes of stress. Educators and families many times understand the importance of high self-esteem, but understanding its importance as a foundation for coping with stress is essential. Social Support is understood as, “The perception or experience that one is loved and cared for by others, esteemed and valued, and part of a social network of mutual assistance and obligations” (Taylor, Stanton, 2007, p.381). By having a social support network, individuals may experience less intense and shorter lasting episodes of anxiety.

Students with learning differences can lack in one, some, or even all of the above coping resources. There are varied forms of treatment that can be used to help bolster some of these resources in students, but one area that can be directly supported by families and educators is a strong social support system.

Coping Processes can be understood as the implementation of the coping resources to overcome potential stressors in life. These processes are broken down based upon their focus. The three main categories of coping processes are:

1) Emotion Focused,

2) Problem Focused, and

3) Avoidance/Approach Oriented.

Emotion Focused coping concentrates on “Palliating event-related distress,” or altering the emotional response to various stressors. This process focuses on accepting stress for what it is and developing more productive means for responding to this stress. Problem Focused coping looks to resolve the stressful situation. This process looks to overcome the stress so as to remove its source. Finally, the third process is a range of options that can include the previous two processes. Avoidance/Approach Oriented coping is a variety of techniques that either look to deal with the stress head on or attempt to find means to avoiding the stress. Examples of approach-oriented coping include: Problem solving, seeking social support, or the creation of outlets for emotional expression. Avoidance techniques are means to avoiding stressors to prevent the negative reaction.

These processes have a variety of uses in different situations. Understanding the various aspects of stress, the methods and means of coping, and how that coping actually occurs, allows individuals to begin the process of developing systems to overcome these stressors. This can encourage students to reach their fullest potential without stress and anxiety becoming an academic obstacle.

References

Taylor, S., & Stanton, A. (2007). Coping resources, coping processes, and mental health. Annual Review of Clinical Psychology, 3, 377-401.

New Frontiers in Learning (www.nfil.net) is a high school and college support program for students with varied learning differences. New Frontiers provides coaching and tutoring services to students in the Westchester, Long Island, and New York City areas, allowing students to apply for and attend colleges based on their plan of study or personal campus preferences. For more information, please contact Samantha Feinman, Program Director, at (646)558-0085 or sfeinman@nfil.net.

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It is of the utmost importance that families with special needs take full advantage of benefits that are available from the government and the community. Sometimes families resist accepting these benefits out of a belief that they are only intended for low-income families. While there are income and asset requirements for some programs, your family should take advantage of any benefits you are eligible for, as it is in your interests and actually honors the intent of the programs.

Raising kids is expensive, and families with children who have special needs may have additional costs, such as medical expenses, therapy, modifications to a home or vehicle, and adapted recreation or child care. The costs may seem daunting, but they are easier to handle with proper financial planning.

A special needs trust is one of the most important financial tools to consider for a special needs child. This type of trust allows you to set money aside, or receive it as a gift from a family member or settlement from insurance, without worrying that it will affect the child’s eligibility for public benefits such as Supplemental Security Income (SSI) or Medicaid.

In addition to a special needs trust, building your family’s personal savings is even more important than it is for most families. You may have to pay for therapy or other treatments. Even if you believe that certain services should be covered by insurance or provided by your school district, resources may be required to advocate for the right to those services. In addition to services needed during childhood, families will want to plan for their child’s adulthood. Once public education and its attendant benefits are no longer available, the question of where the adult with special needs will live and what he or she will do becomes paramount. Proper financial planning done as early as possible will make this process much easier, and a financial adviser can be extremely helpful in creating that plan.

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The change affects many Medicare beneficiaries with chronic diseases such as Alzheimer’s, Parkinson’s and multiple sclerosis. The requirement that patients show improvement has been removed from Medicare’s policy manual, meaning that Medicare will cover skilled care from physical, speech and occupational therapists, as well as nursing home care and home health care, for patients who need such care to prevent their conditions from deteriorating.

The new rules may be most beneficial to seniors who want to maintain their independence for as long as possible. If seniors are able to get skilled care for chronic conditions while they are living at home, they may be able to avoid the need for institutional care.

Of course, Medicare still has eligibility requirements. Treatment must be ordered by a doctor, and there is a $1,920 annual cap on physical and speech therapy provided in a nursing home or outpatient facility. However, exceptions to the cap are available if a doctor certifies that the treatment is medically necessary. There is another, separate cap on occupational therapy costs, with the same limits and exceptions. In the case of home health care, the caps do not apply if a patient is “homebound,” which means that leaving home requires considerable effort and cannot be done without the help of another person or an assistive device.

The terms of the settlement also require that Medicare perform a review of claims from the past three years that were denied because patients were not improving. Patients who paid for such care themselves can request reimbursement. For claims with a final denial dating from Jan. 18, 2011 to Jan. 24, 2013, the deadline to request reimbursement is July 23, 2014. For claims with a final denial dating from Jan. 25, 2013 to Jan. 23, 2014, the deadline is Jan. 23, 2015.

After Jan. 23, 2014, Medicare should not deny claims solely for the reason that a patient’s condition is not improving or has plateaued. If medical providers suggest that care will not be covered for that reason, they should be directed to the Centers for Medicare and Medicaid Services website, which has a fact sheet outlining the terms of the settlement.

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Adults 21 and over with learning disabilities may face discrimination or lack of access to services in college or the workplace. These individuals must understand their legal rights and responsibilities.

In College:

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act protect adults with learning disabilities who attend college. The laws apply to public institutions and private colleges that receive federal funding and mandate that students with disabilities receive reasonable accommodations. Examples of accommodations include the use of a tape recorder or note taker, or additional time to complete examinations.

In the Workplace:

The Americans with Disabilities Act protects people with disabilities, including learning disabilities, from discrimination in regard to applications, hiring, firing, compensation, advancement and other employment terms. The ADA applies to employers with 15 or more workers. Employers must make reasonable accommodations to the known disability of a qualified employee or applicant, if it would not cause the business an “undue hardship.” Workplace accommodations may include additional training or supervisor feedback, or a quiet workspace.

If individuals with learning disabilities want accommodations, then they have the responsibility of disclosing their disability and providing documentation, in addition to requesting the accommodations that they want. Adults will probably need to provide documentation of their disability from a doctor. This can be done in a confidential meeting with a college disability services coordinator or with an employer. Documentation may consist of a letter from a doctor or other treating professional.

One must also remember that these protections apply to people who are “otherwise qualified” for the college program or employment position in question. One may have to prove that one is qualified. Also, the legal protections against discrimination do not act as an absolute entitlement to a job or a college education.

Most schools and large employers know of the law and are willing to provide reasonable accommodations to qualified people with disabilities, so it may only be necessary to identify oneself as a person with a learning disability and request the necessary accommodations. If a school or employer accommodations are denied, then these rights are enforceable through the legal process, but it is important to evaluate one’s individual circumstances with the help of a qualified attorney.

The Individuals with Disabilities Education Act, (IDEA), statute expressly provides that students with disabilities are to be educated and included with their non-disabled peers to the “maximum extent appropriate.”  This requirement is sometimes referred to as the “least restrictive environment” (LRE) mandate of the Act, and it is one of only two “maximizing” provisions in the entire statute.   With this language, Congress intended to protect students with special needs from being ostracized or isolated from the general population and requires that students with special needs be included in the general education population to the greatest extent possible.

Specifically, the IDEA  provides that States must have in place procedures assuring that, “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”  See 20 U. S. C. §1412 (5) (B) as implemented by the Department’s regulations at 34 CFR §§300.550-300.556.
Recent Decision Mandates Inclusive Setting for Summer Program

Recently, the Second Circuit Court of Appeals, in T.M. v. Cornwall, 12-4301, held that the Congressional LRE standard applies to extended school year (ESY) services for students who are approved for twelve-month programs and who benefit from the LRE.    T.M., a student with autism was succeeding with support in a general education preschool setting during the school year.    However, for the summer, the district only offered placement in a self-contained special education classroom and offered T.M. related services only as part of the self-contained classroom experience.  T.M.’s parents rejected the summer placement because it was too restrictive and filed an Impartial Hearing.  The Impartial Hearing Officer (IHO) ruled in the parents’ favor and the district appealed.  The State Review Officer (SRO), who tends to rule in favor of school districts, reversed the IHO’s decision and the parents appealed to the federal district court.  The federal district court affirmed the SRO decision.  T.M.’s parents then further appealed to the Second Circuit Court of Appeals and received the relief requested.

Like the drafters of the IDEA, the Second Circuit judges who ruled in T.M.’s favor intended to draft a decision that would help the many children diagnosed with Autism and other disabilities who have been approved for a 12-month program and who obtain a meaningful educational benefit from an inclusive environment.
LRE Mandate Can Have Unintended Effect

However, school districts often use the LRE provision against parents.  For example, recently, a parent filed an impartial hearing against a school district for failure to provide a free and appropriate education to a student with severe social, emotional and psychiatric conditions whose conditions were exacerbated due to the inappropriate program.  His psychiatrist, the district representative and his parent recommended a residential therapeutic placement for him, but the school district would not approve a residential placement arguing that it is not the LRE.  The school district then issued a placement at a non-public state approved therapeutic day program although his doctors and other professionals maintained that he would further regress there and that it was not appropriate.  Such a position by school districts causes unnecessary delay in providing the student with FAPE, burdensome litigation and extensive costs to both parties that could have been avoided.
In my legal practice, I have encountered several similar situations with regard to students who require specific accommodations, a 1:1 paraprofessional, have severe disabilities, or are diagnosed with Autism, but are high functioning.  In these cases, an inclusive environment may not be appropriate because the student will obtain a meaningful educational benefit only if a restriction is provided.  A mainstream or integrated setting does not work for all students with disabilities.  Each student’s needs are unique and must be treated as such.  It is important for school districts, IHOs and legislators to consider that the IDEA limits LRE only to situations when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services can be achieved satisfactorily.  A cookie cutter approach can be more harmful than beneficial when applying the LRE provision of the IDEA to a student’s individualized educational program.
The special education team at Littman Krooks LLP has extensive experience advocating for parents of children with various special needs and helping them to navigate the labyrinth of special education law including cases where school districts may use the LRE against the student.

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Major League Baseball is hosting a number of events in the coming months to support autism awareness.

The New York Yankees are offering half-price tickets to members of the Autism Speaks community for their Saturday, August 9 home game against the Cleveland Indians. The offer is valid for select general, non-premium seating areas. Fans may purchase these tickets at a half-price savings from the regular advance ticket price. The discount is on a first-come, first-serve basis and is only available online at http://newyork.yankees.mlb.com/ticketing, using the “autism” offer code. You may call (212) YANKEES with any questions. The offer expires August 8, 2014.

You can find information about other teams that are supporting autism awareness by visiting http://mlb.mlb.com/mlv/tickets/autism_awareness.jsp.

Autism Speaks is a leading autism advocacy and research organization, committed to funding research into causes, treatment and a cure for autism, raising awareness about autism spectrum disorders, and advocating for people with autism.

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By Michael Pearce, Special Needs Attorney, Founder, Vestidd.com

A new Application solves one of the biggest problems facing every parent of a child with special needs.

How can I continue to provide for the protection well-being of my children after I am gone?  How can I make sure that my child with special needs will be safe and continue receiving the best of care?  Every parent who has a child with special needs seeks answers to these questions.  In response, parents are advised to prepare a “Letter of Intent” that will provide guidance for caregivers into the future. However, through no fault of their own, parents are rarely able to complete this vital task.

Here are the Top 5 reasons preventing parents from creating their Letter of Intent:

#1.   Getting organized.
There are hundreds of constantly changing details to organize.  Many parents simply don’t have the time or energy to organize the myriad of details of their child’s life, let alone putting them down on paper.

#2.   Formatting.
Your Letter of Intent is a “road map” to guide others, so it must be comprehensive, yet easy to follow.   Finding no practical tools to help format a Letter of Intent, many parents simply abandon the task.

#3.   Updating.
Your child’s life is constantly changing, so the document must be constantly changed. Word-processed documents are cumbersome and not easy to update (even if you can remember where you saved it!).

#4.   Saving and sharing.
Your updated Letter of Intent must be shared with others after you are gone. You will select different people to fill key roles over time. Mailing out updated copies yearly to different people during your lifetime is a nearly impossible task to manage.

#5.   Getting Started.
Facing this daunting task, many parents are simply frozen by “writer’s block.”  How much information should I include? How much info is too much? How can I not lose it?  How can I easily update the document? How can I share my Letter of Intent with the right people after I am gone?  With so much to think about, there is no clear place to start.

Parents will be relieved to know that an Application is now available that solves all of these problems: Vestidd.

What is Vestidd?
Vestidd is an application that lets parent create a Vest for a child with intellectual and/or developmental disabilities (Vest i d d).  Your Vest is where you store, remember, find and connect everything and everyone that matters in your child’s life.  Just like a life-vest, Vestidd will help keep your child safe and protected into the future.

How does Vestidd work?
To create a Vest and get started on your Letter of Intent, go to www.vestidd.com to sign up.    Vestidd is organized by Sections and Pockets.   Sections cover each major area of your child’s life.  Pockets are where you fill in specific and unique information about your child.  Vestidd has pre-organized everything, so you don’t have to.  You can jump right in and go.

Everything in One Place.
Say goodbye to post-its, binders, and email chaos.  All of the information that used to be spread out across your house and your brain will now have a single home.  Vestidd lets you remember, find and connect everything and everyone that matters in the life of your child with special needs.

Easy Updates.
Vestidd is a Cloud application that works from any device –   iPhone, iPad, tablet, android, mac, pc – they all work with Vestidd.  This means you can get to your Vest from any device and easily update information as the need arises.  Your Vest is always there, keeping key information available at your fingertips.

Sharing.
Vestidd lets you connect family members and your child’s support team with just the information they need. When you update your Vest, team members are kept current with automatic update notifications.  You can revoke sharing privileges at any time.  You can also share Vest information by printing out a hard copy.  Vestidd’s sharing tools allow you to pass on current and comprehensive information about your child to future caregivers, so that they can continue to update your Vest, for your child’s lifetime.

Superpowers.
Vestidd has many other features that help families with special needs. You can take a tour and learn more at www.vestidd.com.
My wife, Sue, and I created Vestidd to help parents complete the special needs planning puzzle.

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Annuities are an investment tool that investors use to help plan for retirement. Before deciding whether to make an annuity contract part of your financial plan, it is important to understand how annuities work and what potential pitfalls you need to watch out for.

Annuity contracts are usually made between an investor and a life insurance company. The individual pays a single premium or series of payments at the outset in exchange for a guaranteed distribution or a payout stream determined by the performance of the annuity and underlying investments. An investor can opt to receive payments for a period of time or for the rest of their life. Annuities usually provide tax-deferred earnings growth, and when withdrawals are made, the gains are taxed as ordinary income, not capital gains. Annuities may include a specified minimum death benefit to one’s beneficiary. Early withdrawals may bring tax penalties and surrender charges from the insurance company.

Annuities are generally of three types: fixed, indexed and variable. With a fixed annuity, the insurer promises to pay a specified amount based on the amount in one’s account, and a specified interest rate. The return on an indexed annuity is based on the performance of a stock price index, with a set minimum performance, while a variable annuity allows the investor to choose different options such as mutual funds, with payments based on the performance of those funds.

If you are considering purchasing an annuity product, make sure that you understand the expenses and fees involved. If a high rate of interest is offered, make sure you know whether that is an initial rate intended to make the investment more attractive, which will later drop to a lower rate. And be aware that brokers or agents may push annuities to earn a high commission. High-pressure sales tactics can be a sign that the financial product is a better deal for the seller than for the investor.

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Despite our hopes, being discharged from rehab to home is sometimes complicated and inappropriate.

A family member recently had an extended hospital stay followed by a few weeks in a rehabilitation facility for therapy to regain physical strength.  He only longed to go home and sleep in his own bed in his own home.  We all know how wonderful that would eventually be, but being discharged from rehab to home is sometimes complicated and inappropriate.

A hospital stay can be disorienting for the best of us, but more so for older adults, making the transition to home more difficult.  Some of the potential issues include:

Managing their medications when the previously known medication regimen has changed from what they recall it was before they went into the hospital

Their ability to get around on their own might have changed and they forget that they cannot get out of bed, up from a chair without assistance or are unsteady on their feet , leading to an increased risk of falling

Meal preparation may be overwhelming so they may not eat a well- balanced nutritious diet, or they may not eat at all.

Depending upon the person’s condition, assistance may be needed in monitoring their health in the initial weeks and months following discharge.  Early identification of symptoms that may indicate that they are not fully recovered or that there is a decline in their health is critical.  Sometimes, this is accomplished successfully by friends and relatives or by the hiring of a private home health aide.

Since our family member had children who work and were not around during the day; he did not want someone to live in his home with him; it was difficult for him to get out and about on his own and since his friends had traveled to warmer climates for the Winter months, he chose to take an interim step that may become more permanent:  with encouragement from his family, he moved into an assisted living community for the time being until they could all agree it was safe to move back home.

The benefits have been terrific and he is thriving – he is dressed and out of bed each morning and eating well.  He has found new friends to play cards with, and discuss politics and world events.  At the same time, he has the comfort of his own apartment within the assisted living community to go to when he wants his private time.

After dinner at his daughter’s house, he announced that it was “time to go home.”  She said “Dad, you mean to your apartment?”  “Yes,” he replied.  ”My new one.”

The definition of home has changed.

Financial Literacy Month is being observed in April 2014.

This is an excellent time to recognize the important role that financial literacy plays in individual economic security and the financial health of the nation. Many Americans are not well-informed about important financial issues that affect their everyday lives. Schools, parents, government agencies and financial institutions and advisers all have a role to play in helping to increase knowledge and understanding of critical economic issues.

The overall lack of financial literacy among the general public is evident from a number of surveys. In one study conducted by the TIAA-CREF Institute, people over 50 years of age were asked three general financial questions. To be able to provide the right answer, they would need to understand the basics of inflation, interest rates and risk diversification. Only about one-third of the people answering the survey got all three questions right.

Individuals wishing to test their own financial literacy may take a similar quiz from the FINRA Investor Education Foundation here. The quiz consists of five questions, and after completion one may compare one’s own performance to the national average and the averages for each state. The quiz has been taken by 25,000 consumers, and only 14 percent were able to answer all five questions correctly.

Surveys have also found that young Americans are less likely to be financially literate than older Americans, but that is not surprising considering that 26 states have no requirements for financial literacy education, and only four states require that students take a high school personal finance class.

A lack of financial literacy has real consequences, as studies show that people with a better understanding of personal finance are more likely to plan for retirement, and people who make such plans have an average personal wealth twice as great as people who do not. People with low financial literacy tend to save less, borrow more and pay higher fees for financial products. A lack of financial literacy also corresponds to people having difficulty with debt and not understanding the terms of mortgages and other loans. Without a basic understanding of personal finance, people are more likely to end up paying higher interest rates and avoidable fees.

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Individuals with disabilities who have service dogs should be prepared with knowledge of the law when they enter business establishments. If a dispute occurs over access to the business, then individuals will need to assert their legal rights in a clear and calm manner.

The Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against people with disabilities. These businesses are required to permit access to individuals with disabilities and their service animals. (Note that the ADA does not require churches, private clubs or private homes to permit access to service animals.)

If access is initially denied, the first step is to clearly state that the dog is a service animal and that the Americans with Disabilities Act permits access. Although most people are familiar with guide dogs for the blind, some people may not know about other types of service animals, so a simple statement of the facts and the law may suffice to gain access.

The business is allowed to ask two specific questions: “Is this a service dog required because of a disability?” and “What task is the dog trained to perform?” An individual with a service animal should be prepared to answer these two questions satisfactorily, and be aware that there is no requirement to answer further questions.

Some people with disabilities carry copies of the U.S. Department of Justice’s ADA Business Brief on Service Animals with them, for instance in a pocket of the service dog’s vest. The Brief is a simple statement of the law from the federal government that may convince a business employee who is resistant. Individuals with disabilities are not required to carry this notice, or any other permit or license, with them.

If access is ultimately denied, then the individual should comply, but follow up with the business owner to remedy the situation. Reasonable remedies to ask for include training for employees regarding service animal access, or a sign on the door that confirms that service animals are permitted. If a business owner continues to deny access, then a complaint may be filed with the U.S. Department of Justice.

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By: Giulia Frasca, Esq., Littman Krooks LLP

There are an estimated two million people with Autism Spectrum Disorders in the United States.  Over 500,000 of those diagnosed are children.  The incidence rate of Autism increased to one in 68 children.  There is a five-to-one prevalence of Autism in boys over girls so that the incidence rate of Autism for boys is one in every 54 boys.  E ach child diagnosed with Autism and each case of Autism is unique such that there is not one particular treatment, program, or methodology that will work for all children diagnosed with Autism.  Recently, an article published in the New York Times titled “Reaching My Autistic Son Through Disney” by Ron Suskind discussed how watching Disney movies and relating to the characters in those movies helped one child diagnosed with Autism break through and communicate verbally, in writing and through art with other members of his family.

Today, school districts use several different, innovative methodologies for teaching children with Autism.  Most schools teach children with Autism using Applied Behavioral Analysis (ABA), which has been proven to work for children with the most severe cases of Autism.  ABA focuses on changing the environment around the child in order to help the child achieve a task rather than simply telling the child what to do.  ABA aims to build a direct relationship between desirable outcomes and the environment the child is in.

Another methodology called Naturalistic Teaching Strategies involves creating an environment in which children are motivated to communicate a specific need or want by, for example, placing a favorite toy on a shelf, out of reach so that the child will be motivated to ask for it.  Children with more advanced language skills will be prompted to ask a question or speak a full sentence.

Yet another, newer methodology, Social Communication, Emotional Regulation and Transactional Support (SCERTS) combines several different treatments and identifies and builds on a student’s strengths, then creates strategies to improve the student’s weaknesses.

Autism Spectrum Disorder teaching methodologies are constantly evolving in order to address the broad spectrum of needs and the different ways in which children develop.  Littman Krooks LLP’s special education attorneys strive to keep abreast of new developments in these areas in order to be the strongest advocates for families with children with Autism Spectrum Disorders.

The seventh annual World Autism Awareness Day is Tuesday, April 2, 2014. Learn more about events in your area by visiting the Autism Speaks website or visit our blog at: http://www.littmankrooks.com/blog/ Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

Landmarks around the world, including New York’s Empire State Building, will shine blue lights on Wednesday to show their support for autism awareness. Organizations large and small will host events to raise awareness of the growing public health issue of autism spectrum disorders.

World Autism Awareness Day (WAAD) follows a new report from the Centers for Disease Control and Prevention. Statistics show, According to the report, one in 68 American children have an autism diagnosis, a 30 percent increase from a CDC study conducted last year, and more than double the number of children estimated to have autism in a 2000 study.

Experts do not know whether autism is actually affecting more people or whether diagnoses have increased as awareness of the disorder grows. According to CDC estimates, approximately 1.2 million people under the age of 21 in the U.S. have some form of autism.

Autism continues to be more prevalent in boys than in girls, with boys being diagnosed at a rate that is four and a half times greater than the rate for girls. Autism is also diagnosed more commonly in white children than in Hispanic or African-American children, which researchers believe is primarily due to a difference in reporting rather than in actual prevalence of the disorder.

Autism awareness focuses on the push for earlier diagnoses. Currently, autism can be diagnosed as early as age two, but most diagnoses are made around age four and a half. Greater awareness could result in earlier diagnoses, and researchers are currently studying ways of identifying higher risks of developing autism even in infants. The earlier a risk of autism can be identified, the earlier that intensive interventions can make a positive impact on the child’s development.

The Health and Human Services Department announced that it is launching an “unprecedented” initiative to help with earlier diagnoses, including research-based screening tools that families can use to identify possible indicators of autism in their children.

Read more about World Autism Awareness Day by visiting our special needs blog. Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

Individuals with disabilities who have service dogs should be prepared with knowledge of the law when they enter business establishments. If a dispute occurs over access to the business, then individuals will need to assert their legal rights in a clear and calm manner.

The Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against people with disabilities. These businesses are required to permit access to individuals with disabilities and their service animals (Note that the ADA does not require churches, private clubs or private homes to permit access to service animals).

If access is initially denied, the first step is to clearly state that the dog is a service animal and that the Americans with Disabilities Act permits access. Although most people are familiar with guide dogs for the blind, some people may not know about other types of service animals, so a simple statement of the facts and the law may suffice to gain access.

The business is allowed to ask two specific questions:

• “Is this a service dog required because of a disability?” and
• “What task is the dog trained to perform?”

An individual with a service animal should be prepared to answer these two questions satisfactorily, and be aware that there is no requirement to answer further questions.

Some people with disabilities carry copies of the U.S. Department of Justice’s ADA Business Brief on Service Animals with them, for instance in a pocket of the service dog’s vest. The Brief is a simple statement of the law from the federal government that may convince a business employee who is resistant. Individuals with disabilities are not required to carry this notice, or any other permit or license, with them.

If access is ultimately denied, then the individual should comply, but follow up with the business owner to remedy the situation. Reasonable remedies to ask for include training for employees regarding service animal access, or a sign on the door that confirms that service animals are permitted. If a business owner continues to deny access, then a complaint may be filed with the U.S. Department of Justice.

An Alzheimer’s care facility in the Netherlands is modeled after a village, allowing patients to roam freely and safely, providing a possible model for facilities in the U.S.

As in other dementia-care facilities, patients at Hogeweyk are prevented from leaving for their own safety. However, within the complex, residents may roam freely, visiting parks and shops such as a grocery store and restaurant, staffed by Hogeweyk employees in street clothes.

The design of the facility improves residents’ quality of life by allowing them a degree of self-determination in their daily life. It also addresses the common problem of wandering: the residents of Hogeweyk may roam at will down the boulevard and paths while remaining safely inside the facility.

Each apartment in the facility hosts between six and eight people, including caretakers. Residents participate in cooking and cleaning, keeping to familiar routines that make them feel comfortable. Administrators say that the model provides residents with the care and safety they need, while giving them the maximum amount of freedom to make their own decisions about daily life.

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