Notes from the Road: Olympia, Washington
March 8, 2010

By Bonnie Yates, Esq.

Olympia is a medium size town an hour south of Seattle, Washington. I stay there when I go to visit my son who is a freshman at Evergreen College.

I know an angel there who is the president of a large autism organization. She and her husband have been doing all that they can to educate Washingtonians about the importance of intensive, early intervention for children with autism and the difference between meaningful and meaningless treatment.

My angel ("M.A.") has been kind enough to be a liaison for my son who is living so far from home. On points great and small she has been there for him, including but not limited to what kind of shoes you buy for bike riding outside in the rain in wintertime.

On a few occasions, M.A. has asked me to speak with folks in Washington who are struggling to get meaningful treatment for their children.

I was there last week and returned home, newly somber. As bad as things are in California, they are worse elsewhere.

...READ MORE »

  Bonnie Yates Seminar Series "Why Are Assessments So Important" Event Videos
March 8, 2010

On Tuesday, Nov 17, 2009 the Bonnie Yates Seminar Series presented a seminar and panel discussion, "Why Are Assessments So Important?", about educational testing for children and adults with disabilities.

The panel included Dr. Mary Large, Licensed Clinical Psychologist specializing in neuropsychological, developmental, and forensic evaluations, Dr. Robin Morris, Licensed Clinical Psychologist specializing in conducting IEE's and evaluating children's programs and placements, and Dr. Betty Bostani, Licensed Clinical Psychologist specializing in the diagnosis and assessment of children on the autism spectrum;

This was unique opportunity to learn from three distinguished autism experts about:
1) how they use their testing, observation and analysis to refute inappropriate District/Regional Center recommendations and
2) establish the basis for a research based, intensive intervention and
3) why assessment from a qualified expert is critical to obtaining intensive services.

Part 1:

28 minutes - Bonnie introduces the panelists.
Q&A for the panelists.

Part 2:

28 minutes - Q&A for the panelists.

Part 3:

28 minutes - Q&A for the panelists.

Part 4:

26 minutes - Q&A for the panelists
Questions from the parents.

 Housecleaning For Springtime
(Or how busy, overextended but effective parents can prepare for IEP season)
March 3, 2010

By Bonnie Yates, Esq.

Ah, yes, I know it is only February. But there is something in the air already: our clients are telling us that the outside psychologists they are contacting for educational testing are already booked until May 15th. "But my IEP is in April and I need the testing and school observation done before then!"

Hmmm. I guess the crazy busyness of Spring IEP season is just around the corner. For the newly initiated members of our special ed family, what this means is that the District has 3.5 months to finish all of its annual IEPs that it didn't get to in earlier months. Not too surprisingly, this results in calendar logjam and lots of rushing to complete assessments and to compress complex meetings into short amounts of time. If you are a parent and you are preparing for an IEP at this time of year, here are some things that I hope will help a lot.

...READ MORE »

 "How to Get and Keep ABA Therapy" Meetup with Bonnie Yates this Friday in Olympia WA
February 24, 2010

Bonnie Yates will be meeting with parents and discussing how to get and keep ABA therapy. Meet with Bonnie on February 26th from 1pm to 4pm at the Fertile Ground Guest House.

For information and details, call Jennifer Olson at 310-204-6624.

  The NEW YORK TIMES: The Subject of the Sibling
Published: February 9, 2010

By Susan Senator

Susan Senator is a mother of three boys. The oldest Nat is severely autistic, Max is her quintessential middle child, and Ben, is her fiery youngest son. Her worry is for Max, he is preparing to leave home for college, did she provide him enough, as she talked about Nat, did she talk too much or too little. She wonders if Nat has been too large a shadow over Max.

When Max writes his college application essay, Senator is surprised that he plans to write about Nat. Max writes with exceptional candor. He talks about the "gibberish", broken toys, the always-present stare from the outsider, and his lifelong feelings of embarrassment. Without anger or fear, Max remembers his life and claims stake to his own broaden definition of normal; Max states, that "Nat is his brother. This is his life. It is what it is, and it's O.K."
...READ THE COMPLETE ARTICLE BY SUSAN SENATOR »
Susan Senator is the author of "Making Peace With Autism" and "The Autism Mom's Survival Guide," which will be published this spring.

 Why is the "Preventing Harmful Restraint and Seclusion in School Act" important?
February 22, 2010

By Elizabeth Eubanks, Esq.

A couple of weeks ago, a blog entitled "Preventing Harmful Restraint and Seclusion in School Act" was posted on our website. That blog is a summary of the Bill that is currently in front of the House of Representatives - a Bill that if enacted, would be the first ever national regulation of the use of restraint and seclusion in the school setting.

To follow up with that initial blog and to provide a personal touch to the issues surrounding restraint and seclusion, I interviewed Jessica Butler. Jessica is the mother of a child with autism and an attorney who lives in Virginia.
...READ COMPLETE INTERVIEW WITH JESSICA BUTLER »

 Bonnie on "Everyday Autism Miracles" on Toginet Radio Friday, Feb. 19 at 11am
February 18, 2010

Bonnie will be appearing this Friday (Feb. 19) at 11am PST on "Everyday Autism Miracles" on Toginet Radio hosted by Shannon Penrod.

Shannon Penrod is an author, speaker, coach and mom of a six year old recovering from autism.


Shannon's show airs from 11am to noon PST. To listen, tune in to Toginet.com and click on the "Listen Live" button in the upper right corner.

Bonnie will be talking about her son Nick, now a college student at Evergreen College in Washington, and his recovery from autism.

As a parent and a special education attorney, Bonnie understands the personal struggles of the children and families on the journey to recovery.

If you would like to call in with questions for Bonnie the number is 877-864-4869.

 When to Worry if a Child Has Too Few Words
February 17, 2010

By THE NEW YORK TIMES

Every pediatrician knows the frustration of trying to quantify the speech and language skills of a screaming toddler. How many words can he say? Can she put two or more words together into a sentence? Can people besides you understand him when he talks? Questions like these, put to the parents, are the quick and somewhat crude yardsticks we often use.

Read the full article by Perri Klass, M.D. »

 Ordinary Families Doing Extraordinary Things
February 17, 2010

By Heather Zakson, Esq.

Happily, it is more and more common for children to recover from autism with timely proper therapeutic interventions, yet it is rare to have the chance to hear from families who have traveled that road. On Thursday, February 4, over 100 people gathered at a very special event to do just that. LA FEAT and the Law Offices of Bonnie Z. Yates co-sponsored a panel discussion featuring ten parents of children who, after intensive treatment over several years, have recovered from autism. The panelists generously shared their experience of emerging from the often bleak and fearful experience of an autism diagnosis, into the reality of a "normal" family life. I was fortunate to be among the audience as we were invited to look into lives of these families who are really so ordinary and yet have accomplished such extraordinary things.

It is difficult to conceive of "recovery" without having had the opportunity to know or hear from families like these. Recovery means that a child who exhibited all of the classic symptoms of autism - the self-stimulatory behavior, the inability to communicate with others, the profound adaptive delays that inhibit development - achieves age-typical neurological functioning. It's not just that the child doesn't look autistic or doesn't act autistic - he or she is no longer autistic.

...READ MORE »

 

 "Recovered: Journeys Through the Autism Spectrum and Back" An Interview with Dr. Doreen Granpeesheh
February 10, 2010

A discussion with Dr. Doreen Granpeesheh with radio host Shannon Penrod Friday at 11am on Toginet.com. Shannon will be talking to Dr. Granpeesheh about "Recovered: Journeys Through the Autism Spectrum and Back", the award winning documentary that chronicles four children's recovery from autism.

Live on Friday, Feb 12 at 11am PST...

 

 Journal Search
January 29, 2010

By Bonnie Yates, Esq.

Nick just called me from school to ask for help on a scholarship application. I told him that I was busy doing "work" and had to call him back. After I got off the phone, I felt guilty. Too busy to talk to my son who is away at school in a different state. Once, I would have traded anything for such an interruption.

In preparation for the "Life Afterwards" event, I went looking for my old journals. I thought I owed it to the families in the audience to show them first hand how desperate and despondent I once was, confronted with the seemingly slow pace of Nick"s improvement.   ...COMPLETE ARTICLE »    

 A Few Brief Recovery Stories
January 28, 2010

We hope you can join us on Thursday, February 4, 2010 when we will be hosting "Life Afterwards: Hope After Autism." This will be a unique opportunity to hear from, and ask questions of, parents whose children have recovered from autism.

The event will be a panel discussion with seven or more families whose children have completed ABA programs and are now living independently in their communities, in most cases without anyone knowing that they once had an autism diagnosis.

Our families will discuss the particulars of their child's experience - how they coped, what they did and what they learned.

...READ MORE »

 The Meaning of Least Restrictive Environment (LRE)
January 25, 2010

By Shannyn Riba, Esq.

Each school district must ensure that children with disabilities are, to the greatest extent possible, educated in an environment with children who are non-disabled. This requirement on the District's part includes those children who are in public school, private school or any other care facilities. Any removal of children from a "regular educational environment," such as special classes or separate schooling, must occur only if the nature or severity of the student's disability makes it impossible to educate the student in regular classes, with the use of any necessary supplementary aids and services, in a satisfactory manner. A "regular educational environment" includes regular education classrooms, along with other school settings such as lunchrooms and playgrounds in which non-disabled children are present. ...READ MORE »

 NOTE: If You Are Planning to Attend Our Feb 4 Parents Panel on Recovery
January 25, 2010

If you will be attending our event, Life Afterwards: Hope After Autism Parents Panel, please take a minute to make a reservation to confirm your attendance. We are expecting a large turnout, and Sony requires a confirmed list of attendees for parking purposes.

You can call Jennifer Olson at (310) 204-6624 or email Jennifer@bonniezyates.com.

This will be a unique opportunity to hear from, and ask questions of, parents whose children have recovered from autism. We look forward to seeing everyone there.

 Preventing Harmful Restraint and Seclusion in School Act
(HR 4247)
January 20, 2010

By Elizabeth Eubanks, Esq.

On December 9, 2009, the "Preventing Harmful Restraint and Seclusion in School Act" was introduced to Congress. This Act finds that physical restraint and seclusion have resulted in physical injury, psychological trauma and death to children in public and private schools. Based upon national research, students have been subjected to physical restraint and seclusion in schools as a means of discipline, to force compliance, and as a substitute for appropriate educational support. Further, this research confirms that such practices are not therapeutic, nor are they effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child's ability to learn.
...COMPLETE ARTICLE »

 Families and Schools: A Level Playing Field Allows For Open Communication
January 12, 2010

By Heather Zakson, Esq., whose advocacy for children with disabilities and their families doesn't stop at the courthouse steps.

Recently, I represented a family at a facilitated mediation of an IDEA "due process" dispute. The mediator opened the meeting and both parties described the issues that each hoped to resolve. I presented a summary of the issues that led to the due process filing. Then, the school district complained that my representation had impeded the district"s ability to communicate freely, build trust and effectively serve the student.

Happily, notwithstanding this initial shot across the bow, we were able to resolve the dispute and settle the matter. After we did so, at the conclusion of the meeting, my clients told the district that, contrary to what had been suggested, if they hadn"t had attorney representation, they were certain that they could not have reached an amicable agreement with the school district and they would not have obtained from the district the services their child needs.
...COMPLETE ARTICLE »

 "Child Find" under IDEA
December 14, 2009

By Shannyn Riba, Esq.

School districts have an affirmative duty to identify, locate and evaluate children with disabilities.

This duty, known as "Child Find" applies to children residing within the district who have or are suspected of having disabilities and, therefore, may need special education.

Under the IDEA, districts have an obligation to evaluate all resident children between the ages 3 to 21 who are suspected of having a disability.

Child Find requires districts to seek out all such students, including private and/or religious school students, highly mobile children, migrant children, homeless children, wards of the state and students who are advancing from grade to grade despite potential disabilities. ...READ MORE »

 Teachers and Kids and Families, and Everyday Heroes
November 16, 2009

By Heather Zakson, Esq., whose advocacy for children with disabilities and their families doesn't stop at the courthouse steps.

Recently, the federal courts recognized the critical role of special education teachers as advocates for disabled children, and reassured us all that the laws that protect these children also protect teachers who stand up for them.

In Barker v. Riverside County Office of Education, a special education teacher brought a lawsuit against the school district that she worked for. She took the brave position that if anti-discrimination laws protect kids with disabilities, and prohibit retaliation against kids for taking action to protect their own rights, then those laws must also protect the people who stand up for those kids. In a reaffirmation of what is right, the Ninth Circuit Court of Appeals agreed.

This teacher's case began when she saw, through her work, that her school district was not providing a free and appropriate public education to its disabled students as required by law. Frustrated in her attempts to remedy the chronic shortcomings, she filed a complaint with the Department of Education's Office of Civil Rights ("OCR"), on behalf of her students.

According to her lawsuit, when her employer, the school district, learned that she had filed the complaint on behalf of her students, it retaliated against her by cutting her off from information she needed to do her job, harassing her and isolating her. Eventually she even lost her job.
...COMPLETE ARTICLE »

 

 The Expert's Classroom Observations or Why We Don't Judge a Book By Its Cover
Nov 9, 2009

By Bonnie Yates, Esq.

Parents are sometime surprised to hear me say that their educational expert's psychological assessment will not be very useful if the expert did not see the student in his current placement and did not view the placement that the District offered in the IEP.

They may be equally surprised to hear that until 2005, the law in California gave student's experts only a limited right to conduct these observations, thereby limiting the information that the student could present in a due process hearing.

Now, however, it is clear that Education Code section 56329 authorizes the student to have an equivalent opportunity to have his or her expert observe the proposed placement.
  ...COMPLETE ARTICLE »    

 

 Court Advances Autism-Treatment Lawsuit Against California Regulator

From BESTWIRE by Sean P. Carr
November 5, 2009

LOS ANGELES, CA -- A lawsuit claiming the California Department of Managed Care improperly allowed health insurers to decline payment for autism treatments will proceed to trial after a Los Angeles County Superior Court judge rebuked the state in a preliminary ruling.

In Consumer Watchdog et. al. vs. California Department of Managed Health Care et. al., Judge James C. Chalfant found the plaintiffs showed a viable cause of action in their allegation that a March 9, 2009, memorandum from Department Director Cindy Ehnes amounted to an "underground regulation" and illegally permitted insurers to deny coverage for Applied Behavioral Analysis, a common autism treatment, in violation of the California Mental Health Parity Act. The case partly involved a denial of payment for ABA by Kaiser Permanente, which cited DMHC's advice.

Judge Chalfant set a Nov. 5 trial scheduling date.
  ...COMPLETE ARTICLE »       ...LINK TO RULING »

 Invest Early in Autism Therapy
November 3, 2009

From The Press Enterprise by Jan Blacher
Jan Blacher is professor of education at the Graduate School of Education at UC Riverside.

Of late, financial pundits throw out "recession-proof" ideas almost as often as psychiatrists prescribe Prozac. Yet one rarely hears education professionals dispense such calming ideas -- we are seeing that education is not recession-proof.

Investment in schooling is now a sell. Parents are worried about class size, after-school programs, or whether their children will lose physical education, art, foreign language and advance placement classes. Parents of autistic children, however, have reason to hold onto their children's educational services, and even to adamantly insist that investment in schooling be a buy.
  ...COMPLETE ARTICLE »

 Assessment Basics under IDEA
November 2, 2009

By Shannyn Riba, Esq.

Standardized tests (assessments) are the part of the IEP process that parents most often have difficulty understanding. Here are a few of the most frequently asked questions that parents have regarding assessments and their use at IEP team meetings:

» What are a school district's obligations with respect to ensuring that students with special needs are assessed?

» What does IDEA mean by "trained and knowledgeable personnel"?

» What qualifies as an "evaluation" under IDEA?

» What data does the District have to consider when conducting an evaluation?

» Can the District change my child's eligibility without conducting an evaluation ?
...READ MORE »

 CALIFORNIA INSURANCE: Los Angeles Superior Court Judge Rules Against Insurance Companies in Autism Treatment Case
October 27, 2009

Los Angeles County Superior Court Judge James C. Chalfant ruled that Kaiser Permanente's refusal to pay for a child's autism treatment runs counter to California's Mental Health Parity Act. ...READ MORE »

 TACA: IHSS Alert for California Families
October 23, 2009

U.S. District Court Judge Claudia Wilken ruled today that the state cannot go forward on November 1 with its planned cuts of In-Home substantial harm, damage and injury which would result. The Judge said that the state's Functional Index rankings were clearly not based on need, that essential services could be withdrawn arbitrarily, and "people could lose something irreplaceable - the ability to remain safely in their homes." ...READ MORE »

 What's Left of Lanterman After The Cuts?
October 21, 2009

By Bonnie Yates, Esq.

This summer was a tough as I have ever seen it in special ed. Districts and Regional Centers were reeling from the fall out of the budget. The question seemed to be "Where to cut when we have already cut so much and we never had enough to start with."

Among a hierarchy of concerns, one at the top of the list was how to deal with changes in the Lanterman Act that govern the provision of behavioral services, the most troubling of which were provisions requiring regional centers to use the least costly of comparable vendors to provide a ABA services ( 4648, new subd. (a)(6)(D)); and disallowing Regional Center to pay for educational services. 4648.5(a)(3)
...READ MORE »

 News From the Front
October 12, 2009

By Heather Zakson, Esq., whose advocacy for children with disabilities and their families doesn't stop at the courthouse steps.

"If the Board of Education had authorized the proposed regulation, thousands of children would have been stranded without their aides and therapists.

And the public schools, unable to provide for these students' needs, would have been in legal jeopardy with no way to implement IEPs.”
...COMPLETE ARTICLE »

 Autism: Life Afterward
October 5, 2009

A long time ago, I was just starting out and having kids. I had 2 children within one year three hundred and fifty eight days and I was in awe of how unexpectedly wonderful it was to bear witness to the beginning of a new person.

I was thirty-four years old when my worst fears were confirmed. I remember leaving UCLA after hearing that my beloved, four-year-old blue-eyed boy had autism.

My boy! How could this happen to me when I was so in love with him?

And where had he gone anyway? The cute, cuddly wonderful baby had been replaced by someone unfamiliar who had strange interests, ritualistic behaviors, didn't speak much and was frequently unhappy.    ...READ MORE »

 Nick Goes to College
September 28, 2009

When our children get a diagnosis of autism, we should begin to plan for the possibility that they REALLY WILL go to college. I guess I never really did get that he was going to be able to do that.

I wish I could open a fortune and find that it says "It will be easy for him." Yet how can I expect that this will be easy when he has struggled so hard for everything that he has?

TACA Washington has a local chapter in Olympia where Nick is in school. Denise Fulton was nice enough to ask Nick to speak to the group and tell them about his life now.    ...READ MORE »

 Book Review
September 16, 2009

Parallel Play: Growing Up With Undiagnosed Asperger's Syndrome
By Tim Page
Doubleday Books

Reviewed by Bonnie Yates

I read this book really fast because I was so curious to see where Tim Page would end up in his thinking about his life. Now I need to go back and read it again for the sheer enjoyment of Tim Page's prose.

I had to read this book somewhat surreptitiously because I stole it from my husband who ordered because he thought Tim Page could really hold his own as a music critic in his own right. (As opposed to a person with Aspberger's writing about that experience.)

This is the second book I have read in the last six months which is hopeful about growing up with Aspberger's syndrome and making a life for oneself.   ...READ MORE »

  San Francisco Parents: Meet Bonnie Yates to Discuss Very Recent Changes in the Lanterman Act
August 18, 2009

The subject will be a discussion about very recent changes to the Lanterman Act and how it affects your child's receipt of behavior therapy.
Parents, in order to insulate your child from these changes, you need a strategy for your next IPP. By reservation only.    ...READ MORE »

 How We Win
August 17, 2009

It may seem surprising and counterintuitive, but the legal standard in IDEA cases requires the parent to prove that the District's offer is inappropriate. The District can win the hearing merely by showing that its offer conferred more than de minimus educational benefit for the student. Not surprisingly, therefore, many decisions are decided in favor of the school district.

Why, then, if this is so, are we able to successfully settle so many of our cases for a package of services greater than that which the District might defensibly offer at the IEP meeting?    ...READ MORE »

 Autism Speaks: Autism Insurance - Please End Discrimination!
July 13, 2009

Please help end discrimination against people with autism. Please help tell Congress to pass legislation that is currently in committee. Also forward this letter to as many people as you can.

This is a once in a lifetime chance to help our children and your friends children.   READ MORE »

 Recovery Stories: Nick's Graduation Night 2009
June 22, 2009

A history teacher named Andy Owens gives the congratulatory speech. He reminds the students that it was Mark Twain who said "I never let my schooling get in the way of my education."

When Nick was four years old, Mrs. M took me on a tour of the Culver City Unified School District special day classes at . . .   READ MORE »

 Bonnie Yates's on Full Circle with Dr. Joan Rosenberg and Dr. Erika Holiday
June 16, 2009

   READ MORE »

 Los Angeles: Special Education Walk-in Law Clinic for Parents with Special Needs Children - Thursday, June 18, 3pm - 6pm
June 15, 2009

Parents of Special Needs Children:
- Do you have questions about your child's IEP and services offered?
- Are you concerned about how to make your child's educational program more effective?
- Are you wondering about summer services when school is not in session?
- Are you looking for an qualified educational assessor to evaluate your child?
   READ MORE »

 EPA Public Hearing: Plan to Cut Toxic Air Pollution from Cement Kilns
June 15, 2009

From: EarthJustice.org
The EPA is holding public hearings in Los Angeles, Dallas and Washington, D.C., this month to hear from people just like you on their proposal to cut toxic air pollution from cement kilns.

This is a great opportunity to finally tell those in charge that we all deserve to breathe clean air!    READ MORE »

 Bonnie Yates Radio Interview - Sunday June 14 - 7:00pm - 7:30pm
June 13, 2009

Bonnie is being interviewed by Joan Rosenberg and Erika Holiday on KCSN radio tomorrow, Sunday, June 14th at 7:00pm to discuss current research and autism treatment.    READ MORE »