THIS
WEB SITE
ARCHIVES
SUPPORT
FINANCIAL HELP
CONFERENCES
MEETINGS
TEXAS LINKS
FAMILY PICKS
HOME
T-A-A
LIST
TO
POST
LIST
MESSAGES
LIST-HOME
This is a special page meant for special announcements. Please send these to the list owner/moderator for approval TGuppy@lgc.com.
LEGISLATION TO HELP AUTISTIC CHILDREN Write to your congressmen to let them know what you need and what you think: FOR THE UNITED STATES CONGRESS: To contact your US congressman: http://congress.org/congressorg/dbq/officials/ For Federal Legislation: http://congress.org/congressorg/issues/ IN TEXAS: To contact your representative: http://www.capitol.state.tx.us To view information on bills and committees: http://tlo2.tlc.state.tx.us/capitol/legis.htm Families need more help from our government.
We encourage everyone to keep up with the legislative activity in Congress and in your own State.
At this time, there are two bills that we are encouraging everyone to
call or write their congressman in Washington to support; S.1122 sponsored by Senator Torricelli, House Bill # HR2339 sponsored by Rep English.
Both bills would allow tax credits for education and training for "developmentally
disabled children." They are stuck in the Committees now and we need one
of "YOUR" senators to get on it and get it out of committee. Any assistance
in this matter would be a great help to our families and greatly appreciated.
A third bill has been added below:
HR 3741 sponsored by Burton and Waxman.
This bill would make much needed improvements to the National Vaccine Injury Compensation Program. The National Vaccine Injury Compensation Program is broke-H.R. 3741 will help fix a few of the major problems. PLEASE LOBBY FOR PASSAGE OF THIS BILL WHAT DOES H.R. 3741 DO? ~~~~~~~~~~~~~~~~~~~~~~ This bill provides for changes in six (6) very important areas: 1. The Statute of Limitations In order to file a claim under the Vaccine Injury Compensation Program (NVICP), it has to be brought within 3 years of the onset of the injury claimed to have been caused by the vaccine(s). It does not matter that the claimants may not have even known that the vaccine caused their injuries. H.R. 3741 will extend the time period for filing a claim under the NVICP from 36 months to 6 years. The bill will also provide a 2 year lookback provision that will allow claims to be filed if a parent or injured individual sustained an adverse reaction to a vaccination after September 30, 1988 until 2 years passed the date this legislation becomes enacted. This provision will help the families who never got a correct diagnosis of a vaccine injury and who did not find out about the program until too late. 2. Interim Fees and Costs One of the reasons so few lawyers are willing to get involved and stay involved in these cases is because the payment for attorneys is extremely low compared to the rewards of traditional civil litigation. Claimants and their lawyers must often wait years to receive reimbursement of their costs and payment of the attorneys' fees. Lawyers are expected to compete in a highly litigious environment, where the burden of proof is relatively high, without the benefits of traditional civil discovery, and with small and delayed compensation for their effort. This bill would make it possible for claimants to petition, no more than once every 90 days, for payment of interim fees and costs. This will allow experts to be paid in a timely manner, and Petitioners will finally be able to conduct the testing and studies necessary to prove their claims. Remember that the attorneys for the government are paid every thirty days and the attorneys for the children have to wait until everything is finalized, in many cases, waiting for years. In the meantime, the burden of financing the case falls on the shoulders of the family and the attorney. This provision will help level the playing field for the attorneys who are trying to help the families. 3. Allows for compensation relating to the costs of Family Counseling and creating a guardianship. 4. Makes the compensation for lost earnings more generous. 5. Creates a mandated Public Service Announcement Campaign to advise people of the NVICP and their rights under that program. 6. Increase the cap on an award for a vaccine related death from $250,000 to $300,000. WHAT YOU CAN DO TO HELP: On February 13, 2002, H.R. 3741, The National Vaccine Injury Compensation Program Improvement Act of 2002, was introduced in the House of Representatives by Congressman Dan Burton (R-IN). This legislation will help families who are trying to get compensation for their children. You can call your Washington DC representatives at 202-224-3121 and ask for your member of Congress. If you do not know who that is, ask the operator to help you identify that person. (Or use this website to write a letter: http://www.house.gov/writerep/ ) When you reach your member's office, ask to speak to the staff person handling health-related legislation. Give them the bill number and a short explanation and ask them to become a co-sponsor of the bill. If any of the provisions in this bill have a direct bearing on your ability to receive compensation for your child, relate your story to the staff member. It is more likely that they will be interested in helping. Ask to meet with your representative when he/she is in the home district. The original intent of the compensation program was to provide a quick and easy way for parents to get financial help for their vaccine injured children. The program is anything but quick or easy. This legislation is the beginning of an effort to restore the bill back to the original intent of Congress as to how this program was supposed to work. Please call us at Hitt.Patterson.Sell 832.797.8191 if you need more help or information or visit the links page at our website www.HittPattersonSell.com for help. ~~~~~~~~~~~~~~~~~~~~~~ Lawmakers Seek Reforms in Vaccine Injury Compensation Program Washington, D.C. - A bipartisan group of lawmakers led by Government Reform Committee Chairman Dan Burton (R-IN) and Ranking Member Henry Waxman (D-CA) today introduced legislation to make the Vaccine Injury Compensation Program more generous and compassionate. During two days of hearings before the Government Reform Committee, families of injured children complained about long delays, overly adversarial tactics employed by government lawyers, and other difficulties with the program. The legislation introduced today would: Increase the compensation for vaccine-related deaths to $300,000; Make the compensation for lost earnings more generous; Allow compensation for the costs of family counseling and creating a guardianship; Allow for the payment of interim attorneys fees and costs while a case is under review; Extend the statute of limitations for filing a petition to six years; and Establish a two-year window for families to file a petition if they were previously excluded from the program by the existing two-year statute of limitations. "Vaccine-related injuries are devastating for families that have to deal with them," said Burton. "Congress intended this program to be swift, compassionate and generous. However, too many times, these families are confronted by bureaucratic indifference, long delays and overly adversarial tactics. We heard testimony from parents who fought for ten years to win compensation for their children. That's not acceptable. This bill won't fix every problem that people have experienced, but it's a good first step. We have bipartisan support for this bill, and I hope we can get it signed into law this year. I want to thank Congressmen Waxman, Congressman Weldon, and all of the other cosponsors who helped put this bill together." "The Vaccine Injury Compensation Program has been largely successful in stabilizing the vaccine industry; in maintaining public confidence in immunizations; and in compensating people who have been injured by vaccines. However, the system is not perfect. This legislation would help to improve the program and help to make sure that it is as generous and easy as it can be," said Waxman. Immunizations are considered the most important public health achievement of the 20th Century. Because of immunizations, children are no longer disabled by polio, suffer brain damage from measles, or die from smallpox. However, immunizations are not risk-free. In rare cases, they can cause serious injuries. Congress created the Vaccine Injury Compensation Program in 1986 to compensate families quickly and generously when vaccine injuries occur. At the time, vaccine manufacturers were facing numerous vaccine injury lawsuits and were threatening to leave the market. Creation of the VICP helped keep manufacturers in the market and stabilize vaccine supply. Under the program, vaccine makers are partially shielded from liability for vaccine-related injuries. An excise tax is charged with each dose of vaccine. The proceeds go into a Federal fund used to compensate victims. Joining Burton and Waxman as original cosponsors of the bill are: Rep. Dave Weldon (R-FL) Rep. Jerrold Nadler (D-NY) Rep. Ben Gilman (R-NY) Rep. Steve Horn (R-CA) Rep. John Duncan, Jr. (R-TN) Rep. Martin Frost (D-TX) Rep. Connie Morella (R-MD) Rep. Dennis Kucinich (D-OH) Rep. Jo Ann Davis (R-VA) Rep. Tom Davis (R-VA) The legislation expands on a set of reforms proposed by the Advisory Commission on Childhood Vaccines in 1999. It also addresses problems identified by parents of injured children who testified at two Government Reform Committee hearings last fall. _________________________________________________________________
There are two hearings set in the Senate on IDEA with Senator Kennedy as
the chair.
The first one is March 21, 2002 - on IDEA implementation. It will be from
10 a.m.-12 noon, Labor Committee in room 428 of the Dirksen Building, Washington
D.C. It would be good if parents and children could attend the hearings
to view them. The second Senate Hearing is April 25 on discipline from 10-12
in Room 428 of the Dirksen Building, Washington D.C.
____________________________________________________________________
HOUSE AND SENATE PASS EDUCATION BILL: WHAT DOES THIS MEAN FOR AUTISM?
*December 27, 2001 - The U.S. Congress gave final approval recently to education
legislation that would set new standards for accountability at the state
level and ensure more help for needy students and low-performing schools.
The bill (H.R.1) authorized $26.5 billion in federal spending on elementary
and secondary education for fiscal year 2002, $4 billion more than President
Bush requested and $8 billion more than last year's spending level. Congress
is expected to provide roughly $22 of the $26.5 billion amount that was
authorized. H.R.1, also known as the No Child Left Behind Act of 2001, is
an updated version of the 1965 Elementary and Secondary Education Act (ESEA).
The bill, which passed by large margins in both the House and the Senate,
is expected to be signed by the President. While the bill primarily addresses
the issue of accountability in schools and help for needy students, elements
of the bill and discussion on the Hill also touched on issues related to
autism and the disability community. DISCIPLINE AMENDMENT QUASHED When the
House passed H.R.1 on December 17, amendments by Senator Jeff Sessions and
Representative Charlie Norwood were omitted. An effort to toughen discipline
for special education students in public schools failed, but we expect the
issue to reappear next year during the debate on the Individuals with Disabilities
Education Act (IDEA). Senate conferees in both cases killed the Sessions
and Norwood amendments in conference committee. The amendments would have
eliminated the provision that schools had to provide education in an alternative
setting for those children who had been removed from the mainstream for
discipline reasons. The discipline issue has been of great concern to the
ASA and the autism community because of its potential implications regarding
behavioral problems of some children with autism. "While ASA certainly supports
discipline in the classroom, we are concerned that a lack of sufficient
training in the awareness of the needs of children with autism and how to
deal with them. That lack of training poses too great a potential for children
with autism to be categorized as discipline problems when they are not,"
Robert Beck, executive director of the ASA, said. "In addition, if a child
with autism was removed from the classroom, an appropriate, alternative
educational setting must be found for them." IDEA FUNDING INCREASED, BUT
NOT FULLY FUNDED Another issue that was hotly debated was funding for IDEA.
One of the amendments under consideration was mandatory full federal funding
of IDEA that would have required the federal government to reimburse schools
40 percent for special education programs, as stated by law. During the
House-Senate conference on the bill, Senator Tom Harkin (D-IA), who has
been a strong proponent of fully funding IDEA, offered a modified amendment
that would have put off any spending increases until 2003 or until after
the reauthorization of IDEA. However, House conferees rejected Sen. Harkin's
proposal and full funding of IDEA is not included in the final version of
H.R.1. Despite the lack of consensus on the full funding amendment, conferees
did provide an increase of $2.7 billion from the $5.0 billion provided two
years ago - a $375 million increase over the Bush budget. Over a two-year
period, the funds will raise the federal share toward special education
costs from 12 to 18 percent. "ASA, although disappointed with the decision
on full funding, will continue to advocate, along with the Consortium for
Citizens with Disabilities, to fully fund IDEA during the reauthorization
next year," ASA President Lee Grossman said. "We at ASA appreciate the efforts
of several members of Congress to make good on the promise to schools for
the funding of special education programs," Grossman added. "We are proud
of Sen. Jim Jeffords (I-VT), Sen. Tom Harkin and Sen. Edward Kennedy (D-MA)
who spoke eloquently in favor of full funding of IDEA." **from ASA
_______________________________________________________________________
April is National Autism Awareness Month
and is right around the corner!
THE POWER OF ONE! IDEA is coming to WASHINGTON, DC with an event that is FREE and OPEN TO THE GENERAL PUBLIC. Unlocking Autism will be in Washington, DC again this year on April 21st hosting The Power of ONE! IDEA Rally on the Mall between 3rd and 4th streets. The rally is being cosponsored and underwritten this year by Cure Autism Now, The Autism Society of America, The New Jersey Center for Outreach & Services for the Autism Community, The Autism Coalition for Research and Education, The Vaccine Injury Alliance, Youth Consultation Services: Sawtelle Learning Centers, SAFE Minds and Medical Interventions in Autism. Last year, the theme of the rally was "The Power of ONE!" and the purpose was to remind everyone that they do personally possess the power to make a difference not only in the lives of their own children but in the lives of all families affected by autism. This year, we have expanded on the power of one theme and incorporated a primary focus on I. D. E. A. In 1975, Congress passed the Education of the Handicapped Act which served as the precursor for the law known today as the Individuals with Disabilities Education Act. The purpose of the law was to ensure that individuals with disabilities had access to free and appropriate education in the least restrictive environment. The act set a goal for the Federal Government to provide states with 40% of their funding needed for special education programs. Until 1997, with the reauthorization of IDEA, the funding hadn't even passed 8%. Since that time, disability groups have joined forces and have increased the funding last year to approximately 18% but we still have a long way to go to get the money through the Federal Government to make sure our children are receiving the services they deserve, and that the government said that they deserve all those years ago. IDEA is important to everyone in every community whether they have a child with a disability or not. If the Federal Government doesn't provide the funding to the school systems, then states and counties are burdened with generating the funds to provide the services that they are required by federal law to provide, which in turn affects the funds available to all students in the public education system. It is in everyone's best interest to see IDEA fully funded. IDEA is up for reauthorization during the 2002 Session. The leaders of the autism community this year thought it would be a good IDEA to discuss it in a public forum in Washington, DC at the rally this year! We will kick off the rally with performances by the band Jonasay. Jonasay is a cutting edge quintet who spent much of 2001 touring with Hootie and the Blowfish. Their CD will be out in April and their clean smooth music packs a punch that everyone is sure to enjoy. The Emcees of the event this year will once again be Jeana Smith with Unlocking Autism and Jeff Sell & Lee Grossman with the Autism Society of America. Speakers will include from over 15 Different Organizations will include: Shelley H. Reynolds - President, Unlocking Autism Nancy H. Cale - Vice President, Unlocking Autism Stephen Shore, Board Member, Unlocking Autism & Autism Society of America United States Congressman Mike Doyle - Pennsylvania - 18th District United States Congressman Chris Smith - New Jersey - 4th District Jonathan Shestack, President & Cofounder, Cure Autism Now Kevin Murray, Founder, Autism Coalition for Research & Education Cliff Shoemaker, J.D., Vaccine Injury Alliance Dr. Cathy Pratt, Ph.D., Director, Indiana Resource Center for Autism James Ball, Ed. D.,Vice President, Autism Services, Youth Consultation Service Sallie Bernard, Ph.D., SAFE Minds Barbara Loe Fisher, President & Cofounder, National Vaccine Information Center Andrew Baumann, New York Families of Autistic Children Victoria Beck Veronica Bird Jeff Bradstreet, M.D., FAAFP, International Child Resource Development Ctr. Bill Davis, UA Pennsylvania State Representative Ray Gallup, President, Autism Autoimmunity Project Miss Sherri Grippo - Miss Jefferson County 2002 - West Virginia Jennifer Lassiter, UA Virginia State Representative & President, N. Virginia ASA April Oakes, President & Founder, Casi's Quest Miss Brandi Peterson - Miss Omaha 2002 - Nebraska Lenny Schafer, Editor, FEAT Online Newsletter Laura Weinburg EMCEES: Jeana Smith, Unlocking Autism Lee Grossman, Autism Society of America Jeff Sell, Autism Society of America So, grab those blankets, pack a lunch and head down to DC with your family for the rally on April 21st. We are planning a day of family fun! For information on the rally, stay tuned to UA's website: www.unlockingautism.org. For information regarding the band Jonasay, visit their site at: www.jonasay.com. For hotel rooms, which are available at $129 per night at the Capitol Hilton located only 4 blocks from the Mall, write Shelley Reynolds at Keys2UA@a... ________________________________________________________________
OSEP Continuous Improvement Monitoring Process
The Texas Public Comment Meeting Report is available.
Texas Public Meeting Report
The Texas Public Meeting Report consisting of input from the public meetings held in June and written public comments received as part of the Continuous Improvement Monitoring Process (CIMP) Validation Planning phase. The Report was mailed to the U.S. Department of Education Office of
Special Education Programs on September 6, 2001, for review.
Download the complete Texas Public Meeting Report
(Available in Adobe Acrobat PDF format)
Texas Public Meeting Report
Download the Texas Public Report by Sections
(Available in Adobe Acrobat PDF format)
Sections 1-3
Intoduction
OSEP CIMP Process
Phase 2: Validation Planning
Section 4
Executive Summary
Section 5
Summaries of Input by Location
Appendix A: Detailed Public Meeting Comments by Location
Appendix B: Public Meeting Invitation Packet
Appendix C: Written Comments
Download Free Adobe Acrobat Reader!
________________________________________________________________
THIS
WEB SITE
ARCHIVES SUPPORT
FINANCIAL HELP CONFERENCES
MEETINGS ANNOUNCEMENTS
TEXAS LINKS FAMILY
PICKS HOME
TEXAS-AUTISM-ADVOCACY
LIST-YAHOO E-GROUP
TO POST LIST
MESSAGES LIST-HOME
___________________________________________________________________________