Agins & Gilman LLC
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Updated 9.5.18

Autism Scholarship news

The Department of Education is asking for comments on proposed changes to the Autism Scholarship program. One of the changes would again make the scholarship available only to students who were identified for services under the category of autism. Previously, students identified under another category, but who also had a diagnosis of PDD-NOS were eligible to receive the scholarship.

Since PDD-NOS has been omitted from the new DSM and is no longer a valid diagnosis (together with Asperger's Syndrome), students who have autism but are not identified under that category cannot receive the autism scholarship. And while those students will still be eligible to receive the Peterson scholarship, they are not likely to receive the full $20,000 that students with autism receive.

Notify the Ohio Department of Education that you think the autism scholarship should be available to students with autism, regardless of whether they are identified for services under that category. Click here to access more information.

IEP news

The Ohio Department of Education has now said that even where parents agree with the IEP, the IEP itself cannot serve as "Prior Written Notice" any longer. The Prior Written Notice, also known as the PR-01, is a critical element in the parents' understanding of why school districts elect to take certain actions with respect to the provision of FAPE for their child. The PWN can also define the opportune moment for parents to avail themselves of whatever remedy they think is appropriate to enable their child to receive FAPE. Parents who are in disagreement with the district's decisions must know when to act because the district cannot take the proposed action until it provides the PWN. Hence, the "prior" in the name. More information is available by clicking here.  

Restraint and Seclusion:

Aimee won a decision in federal court on behalf a child with multiple disabilities, including autism, who was repeatedly physically restrained in school by her teacher. The district was ordered to pay for a private placement and related therapies. 
To Read about the West Clermont Case  click here.