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Resources for Children with Disabilities

Resources for Children with Disabilities. Alice Rosenthal, Esq. Senior Staff Attorney. Section 504. What Prohibits discrimination on the basis of disability by any program or activity that receives federal financial assistance

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Resources for Children with Disabilities

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

  2. Section 504 WhatProhibits discrimination on the basis of disability by any program or activity that receives federal financial assistance WhoALLpeople with a disability that impairs one or more major life activities Protections: Reasonable Accommodations • Medical accommodations (diabetes, asthma) • Testing accommodations (extended time, large print, assistive technology) • Physical modifications (ramp, elevator) • Education plans

  3. Individuals with Disabilities in Education Act (IDEA) WhatEnsures students with a disability are provided Free Appropriate Public Education (FAPE) tailored to their individual needs WhoCovers students identified as having one of 13 classifying disabilities that impacts their learning ProtectionsProvides special education services in school to allow the child to receive education benefit or access to an education (speech, OT, PT, counseling, tutoring, etc)

  4. Supplemental Security Income WhatFederal social safety net program providing supplemental income to adults or families of children with disabilities WhoAged, blind, and disabled people who have little or no income. Criteria is different for adults (18+) and children ProtectionsProvides cash to meet basic needs for food, clothing, shelter and disability related needs

  5. Supplemental Security Income Three step process • Is the child working? • Does the child have a condition that results in marked and severe functional limitations? • Is the disability expected to last at least 12 months or result in death? Does the child’s impairment • Meet the requirements of a listed impairment • Medically equal a listed impairment • Cause functional limitations that are functionally equivalent to the listing

  6. Supplemental Security Income

  7. Listing Examples - ADHD 112.11 Attention Deficit Hyperactivity Disorder Manifested by developmentally inappropriate degrees of inattention, impulsiveness, and hyperactivity. The required level of severity for these disorders is met when the requirements in both A and B are satisfied: A. Medically documented findings of all of the following: 1. Marked inattention; and 2. Marked impulsiveness; and 3. Marked hyperactivity; and

  8. Listing Examples - ADHD B. For older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1 of 112.02; or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of 112.02. Source: 20 CFR §404 Subpt. B, App. 1

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

  10. How does this apply to your work?

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

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

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

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

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

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

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

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