BERKELEY CARD In-Service: Recovery Presentation on Post-CARD Outcome Research and How to Procure Funding for ABA Services
August 17, 2010
Bonnie Z Yates, special education attorney, will be participating in a CARD In-Service event on Thursday, August 26th.
Jonathan Tarbox, CARD's director of research, will be giving a recovery presentation on post-CARD outcome research and best-outcome data.
"Here are what the results can look like given a full program."
Bonnie Yates will be speaking on how to procure funding for ABA services.
"This is what it may take to get these hours ... these are your child's rights per the regional centers ..."
This event is open to the public.
Time:
5:00pm to 7:30pm
Date:
Thursday, August 26, 2010
Location:
(8/19 - please note location change)
Doubletree Inn
Berkeley Marina
200 Marina Blvd.
Berkeley, CA 94710
View Larger Map
Now Hear This
Communication Deficits and How They Interfere with Social and Behavioral Functioning
August 3, 2010
By Bonnie Yates, Esq.
In this week's post, I am sharing three recent, interesting articles on communication deficits and how they interfere with social and behavioral functioning in autism.
In my experience, successful communication and social interaction is the most difficult skill to teach to people on the autism spectrum. Put another way, most high-functioning autistic children demonstrate the capability to master academic, organizational, self-help and independence skills.
Often we see that after these areas have tremendously improved, social communication lags behind, suggesting the difficulty in teaching it effectively at the highest levels.
Fortunately, a great deal of scientific research is now being conducted which will hopefully lead to our greater understanding and the development of new teaching tools in this area.
Stay tuned.
Three interesting articles from the
"Proceedings of the National Academy of Sciences"
- Automated vocal analysis of naturalistic recordings from children with autism, language delay, and typical development.
- Speech/sound-selective auditory impairment in children with autism: They can perceive but do not attend.
- Reduced social interaction and ultrasonic communication in a mouse model of monogenic heritable autism.
"...We have discovered that the first automated approach we implemented... is able to differentiate vocalizations from typically developing children and children with autism or language delay. Thus, automated analysis should soon be able to contribute to screening and diagnosis procedures for early disorders, and more generally, the findings suggest fundamental methods for the study of language in natural environments."
"...It has been suggested that individuals with autism might have difficulty in encoding and representing sensory features of physically complex (but not simple) stimuli. Such a deficit would place autistic individuals at a disadvantage in processing signals of social communication (e.g., facial expressions or speech) because of their multifaceted and rapidly changing nature.
If substantial, such an abnormality might severely compromise the extraction of the meaning from the ongoing stream of social information.If social stimuli are not particularly meaningful to individuals with autism, they might develop no motivation to attend to this type of information or, worse, they might even develop resentment to the stimuli and situations to which they feel they should but cannot relate..."
"...Our findings indicate that a protein network that regulates the maturation and function of synapses in the brain is at the core of a major ASC susceptibility pathway, and establish Neuroligin-4-deficient mice as genetic models for the exploration of the complex neurobiological disorders in ASCs."
Who Let The Dogs In?
July 21, 2010
Although service dogs for children who are visually impaired are somewhat common, several cases are now before the courts involving service dogs for children with other impairments.
Six year old Kaleb, a first grader in a central Illinois public school, goes to school with his aide dog, Chewey. The Villa Grove school district is trying to keep aides dogs like Chewey out of the classrooms.
School districts that object to aide dogs claim that problems such as allergy issues with the other children, health hazards or a distraction in the classroom prompt them to object to aide dogs in their schools.
The school districts argue that Chewey, and other aide dogs like him, don't fit the legal requirements of a service dog because they don't respond to commands but rather but have been trained to react to how the children are behaving.
The court ruled in favor of Kaleb last November and the school district has appealed the ruling.
...COMPLETE ARTICLE »
Is Finicky Eating a Sign of Autism?
July 19, 2010
Researchers at the University of Bristol are studying the correlation between "finicky" eating in very young children and autism.
Children beginning at 6 months were studied for 4 years. By the end of the study researchers had found that as early as one month, autistic children were already 35% more likely to be "slow feeders".
Researches are quick to point out that finicky eating is not sufficient to conclude a child has autism. However, being a picky eater might be a useful diagnostic tool as a part of a larger whole, along with less interest in toys and other more common autism signs.
Researchers say that more study is needed but "finicky eating" might help in earlier diagnosis which could lead to greater chance for recovery.
...COMPLETE ARTICLE »
Is Sitting While Autistic A Crime?
July 9, 2010
Newsweek columnist, Claudia Kalb introduces a controversial story about a young man, Clifford Grevemberg, and the harsh consequences he faces for behavior that is a part of his autism. She tells how this young African American man was waiting outside a restaurant in Georgia, and appeared to be staggering and intoxicated to local police men. His brother comes outside to find that he has been tasered, cuffed and physically pushed around. Little do the police officers know that Grevemberg is an autistic young adult.
...COMPLETE ARTICLE »
A Parents' Guide to Nannycams: Monitoring the Care Provided to Your Special Needs Child
July 7, 2010
By Shelly Ann Kamei, Esq.
Responsible parents go to great lengths to find appropriate childcare. Parents of special needs children must go even further as their children also require therapeutic and behavioral services. While referrals and background checks can be helpful in choosing a provider, they provide little insight into what the service provider is doing on the job, particularly when the parents are not present.
The inability to monitor on-the-job performance of the service provider creates unique problems for the parents of special needs children because such children often lack the ability to adequately inform their parents about problems with their care. Thus, it is not surprising that parents of special needs children may wish to use covert monitoring as a way of evaluating caregivers.
...READ MORE »
Radio Interview: Bonnie Yates, Friday, June 18, on "Everyday Autism Miracles" on Toginet Radio
On Friday, June 18 at 11am PDT, Shannon Penrod, a mother of a six year old recovering from autism and host of Everyday Autism Miracles, interviews Bonnie Yates, a special education attorney in Los Angeles. Shannon discusses with Bonnie how parents can present their requests at an IEP meeting, and what to do if things don't go as planned.
If you have a question for Bonnie call 877-864-4869 during the show, and speak to Bonnie about issues or concerns you have regarding your recent or upcoming IEP meeting.
Click here, Everyday Autism Miracles, to listen to the show.
Here is Part 1 of Bonnie's interview with Shannon on May 7, 2010.
Part 1 included discussions of the legal underpinnings of special education law and the IEP process, presented in clear language that makes sense for the layperson.
Everyday Autism Miracles is produced weekly on Fridays at 11am to noon PDT.
What Is The Interplay Between Section 504 and IDEA
June 16, 2010
By Elizabeth Eubanks, Esq.
Statements made to Congress on January 20, 1972 by Senator Hurbert Humphrey, when introducing the Civil Rights Act of 1964.
Both the Individuals with Disabilities Education Act ("IDEA") and Section 504 of the Rehabilitation Act of 1973 ("Section 504") provide protections to students with disabilities. If a student qualifies for supports under either of these statutes, the responsible school district is required to provide a free appropriate public education ("FAPE") to the child.
...READ MORE »
What To Do When Mediation Is Unsuccessful
June 3, 2010
By Bonnie Yates, Esq.
Under IDEA, a school district must offer an IEP with placement and services to eligible students.
When a parent disagrees with the placement offer, IDEA provides for an administrative appeal of the IEP.
This appeal is called a due process hearing. Once the appeal is filed, IDEA provides for opportunities prior to hearing to attempt to settle the dispute.
One of these forums is called a resolution session, the other is called mediation.
At Resolution Session
At the resolution session which occurs no more than ten days after the filing of the complaint, the parent meets with an expanded IEP team to discuss possible solutions to the dispute. This is a good early opportunity to focus the district's attention on your child's problem as your case will be one of several cases the district has to resolve simultaneously.
Sometimes even if no agreement is reached at the resolution session, the parties make considerable progress and agree to keep negotiating via phone, fax, and email.
If a settlement agreement is not hammered out prior to the mediation meeting, hopefully the settlement can be finalized at mediation which typically is convened two weeks after the resolution session.
At Mediation
At mediation, there should be discussion about the parent's legal theories and the reason why settlement makes better sense for both parties - namely it enables the District to spend money on student services rather than legal fees.
Statistics show us that in California a large number of cases, upwards of 75%, settle at mediation or prior to hearing. But what this statistic does not explain is that many settlements are reached only after the mediation meeting is concluded; many cases do settle after the mediation meeting but before the hearing.
So what happens if your efforts to mediate a settlement are not successful?
READ MORE » Podcast: Bonnie Yates on "Everyday Autism Miracles" on Toginet Radio
May 19, 2010
This is Part One of a radio interview that I gave to assist clients in preparing for IEP meetings.
Our discussion included the legal underpinnings of special education law and the IEP process presented in clear language that makes sense for the layperson.
Complete Podcast »
The first in a series of letters from our firm to school districts, adapted for publication, that address important issues we encounter in our work.
This letter takes on a school district's refusal to allow a student's private experts to observe the placement and services proposed for the student, usually referred to as the "offer of FAPE."
So You Want to Have a Classroom Observation...
May 6, 2010
By Heather Zakson, Esq.
Dear Attorney for School District,
I write to resolve the matter of your client's failure to permit my client's experts to observe the placement components proposed for STUDENT. My clients first requested these observations last November when the school district put its current proposal for STUDENT's placement on the table. I am sure you will agree that any further delay in STUDENT's parents' ability to evaluate DISTRICT's placement proposal would be detrimental to his educational needs.
"Antisocial Networking"
May 6, 2010
We spend a lot of time in our office thinking about effective ways to teach social skills. In light of this, I found this to be a thought provoking article. New York Times columnist, Hilary Stout , writes about our new age of technology, and how it has shown to stunt psychological growth in many categories. She goes through to explain that today, in 2010, Facebook has taken over the social lives of pre-teens and adolescents.
Psychologists are worried that valued pastimes such as children playing with neighborhood friends are slowly beginning to vanish. Most importantly, they are worried that the nature of friendships and relationships between and from children are changing in ways that are rooted strictly from texting, Facebook, etc.
Stout mentions that the real question is whether heavy social networking is expanding friendships or cutting off important emotional interactions. Many psychologists believe the second idea, and as a result think this technology craze is hurting children"s ability to develop healthy emotional relationships in the long term.
To read the full article from the New York Times, please follow this link:
How Does Technology Affect Kid's Friendships? By Hilary Stout
"Where The Bar Ought To Be"
May 4, 2010
New York Times columnist, Bob Herbert, writes a piece on Deborah Kenny who has created a handful of Charter schools in the Harlem area. Ms. Kenny points out how many people fail to understand what really needs to be focused on when trying to improve our schools. She agrees with the majority that creating a program with a solid core-curriculum, decent class size and other elements are critical.
Yet in this article, we see her position on how it is most important to focus on the passion coming from the teachers and the students in order to create a fruitful environment for the students.
To read the full article from the New York Times, please follow the link below:
Where The Bar Ought To Be by Bob Herbert
Promise Seen in Drug for Retardation Syndrome
May 3, 2010
New York Times Columnist, Gardiner Harris, writes about the new drug by Novartis shown to improve cases of retardation or autism stemming from fragile X syndrome. Many scientists such as Dr. Thomas R. Insel of the National Institute of Mental Health, viewed rehab the most beneficial treatment for such conditions and not medication. New hope was found after research was conducted with the new Novartis drug.
Dr. Mark C. Fishman reported that the drug definitely showed signs of improvement for many of the patients that were tested. Not only did it show signs of improvement for cases of autism and retardation stemming from fragile X syndrome, but it also showed improvement for those whose condition did not stem from it.
The drug has only been tested on adult patients, as Novartis viewed this as a precautionary step. But, one we read on that scientists believe children would probably benefit the most from this drug, as their brains would better react to a change in abilities to perform mentally. Katie Clapp, the president of the Fraxa Research Foundation, says of the Novartis Drug that it "may be the key to solving the mystery of autism and other developmental disorders."
To read the full article from the New York Times, please follow the link below:
Promise Seen in Drug for Retardation Syndrome By Gardiner Harris
Podcast: Bonnie Yates Talks With Autism Mom About Recovery
April 29, 2010
Bonnie Yates met M.A. and her son A.B. last April 2009 when she was traveling in the state of Washington.
At that time, A.B. was a 6 1/2 year old boy who had been in treatment for his diagnosis of autism since age 2 1/2. He appeared to be obviously autistic and "geeky" although verbal and quite high functioning. It was not apparent, however, that he would dramatically improve within a short time span.
When Bonnie returned to Washington in April 2010, she found that A.B. had changed dramatically and was becoming "indistinguishable" from a typical child of the same age. Only days away from giving birth to her second child, M.A. graciously agreed to talk with Bonnie about her son's recovery. A.B. will complete his ABA program in September 2010.
Complete Podcast and List of Questions Discussed »
Autism Reshaping Grandparent Role, Survey Finds
April 28, 2010
Michelle Diament, a columnist for the journal Disability Scoop, goes over the details of a survey conducted by the Interactive Autism Network. This survey is one of the first of its kind, going over the ways in which grandparents are active in their autistic grandchild's life more ways than expected.
Diament refers to the fact that grandparents usually relocate to be with their grandchild, and make great sacrifices to contribute to the well being of the family life. Most of the grandparents surveyed were said to have been between the ages of 55 and 74.
Although many grandparents are heavily involved, she mentions the survey finds that many grandparents are still in phases of grief. Nevertheless, all grandparents in the survey reported that they actively research Autism and participate in fundraisers or organizations for Autistic children.
To find out more about the statistical data resulting from this survey done by IAN, please follow the link below:
Autism Reshaping Granparent Role, Survey Finds By Michelle Diament
Dr. Doreen Granpeesheh, CARD Founder on CBS "The Doctors", April 23
April 22, 2010
Center for Autism and Related Disorders, Inc. (CARD) Founder and Executive Director Doreen Granpeesheh, PhD, BCBA-D will appear on the CBS nationally syndicated talk show, The Doctors, this Friday, April 23rd.
Dr. Granpeesheh, a world-renowned autism expert, will join a diverse panel of guests in discussing autism.
What happens when you go to the doctor and learn that everything is not OK? Friday's show will empower you to tackle any medical crisis and stand up for your health. Plus, inform you of the warning signs that may indicate autism.
The Role of the 1:1 Aide in Facilitating Inclusion
April 21, 2010
By Bonnie Yates, Esq. and William F. Weingarden
When I was in Olympia, WA last month, a special education teacher told me that his District regularly tells parents that children should not have 1:1 aides in a regular ed setting because "a 1:1 aide" is the most restrictive placement.
I explained to him that such an arrangement had allowed my child to never set foot in a special day class and ultimately matriculate to a four year college, so how was that restrictive?
I understood, though that what he was really asking for was some legal talking points that might help the next time he encountered the argument. Those are set forth below:
Question: Does the Individuals With Disabilities Education Act ("IDEA") disfavor providing a disabled child with a supporting one-to-one aide in a regular education setting on the theory that such is the "most restrictive placement"?
READ MORE »
IEP Prep Clinic: April 4, Olympia WA - Thank You Everyone!
April 19, 2010
By Bonnie Yates, Esq.
In the words of the younger generation, a big shout out to beautiful Olympia, TACA Washington and Fertile Ground Guesthouse for hosting our Washington IEP Prep Clinic. The event video will be available soon.
I especially want to thank Karen Nelson and Gail DiManzo for allowing us to hold the event at Fertile Ground Guesthouse, and I cannot emphasize enough what a wonderful place to stay it is if you happen to be in Olympia, a beautiful and comfortable craftsman house, the most gracious and sensitive hosts, and an amazing garden!
We got a lot of questions about parent participation, how to make the district respond to requests and the role of assessments in developing IEPs. These issues will be discussed in future blogs.
Also, we had a lively discussion about why assigning a child a 1:1 aide is not restrictive as suggested by Tunwater School District. Stay tuned!
READ MORE »
RESEARCH ARTICLE:
Recovery from Autism: Learning Why and How to Make it Happen More
Autism Advocate 2008
Doreen Granpeesheh, PhD, BOBA
ABSTRACT: Recovery from autism exists and it happens on a regular basis. Many deny it or are afraid to use the word "recovery" because it's controversial. But recovery is real, whether or not you have the information to be aware of it or the courage to acknowledge it publicly.
In this article we address the issue of recovery head on. We describe what recovery looks like, discuss some of the scientific research behind it and outline some of the things we are doing about it.
RESEARCH ARTICLE:
Intensive Behavioral Treatment for Children With Autism: Four-Year Outcome and Predictors
American Journal on Mental Retardation November 2005
Glen O. Sallows
Tamlynn D. Graupner
Wisconsin Early Autism Project (Madison)
ABSTRACT: Outcome after 4 years of treatment, including cognitive, language, adaptive, social, and academic measures . . . 48% of all children showed rapid learning, achieved average post-treatment scores, and at age 7, were succeeding in regular education classrooms.
READ COMPLETE ARTICLE »
RESEARCH ARTICLE:
A Comparison of Intensive Behavior Analytic And Eclectic Treatments For Young Children With Autism
Research in Developmental Disabilities June 2004
Jane S. Howard
Coleen R. Sparkman
Howard G. Cohen
Gina Green
Harold Stanislaw
ABSTRACT: Findings are consistent with other research showing that IBT is considerably more efficacious than "eclectic" intervention...
READ COMPLETE ARTICLE »
RESEARCH ARTICLE:
Early Intensive Behavioral Treatment: Replication of the UCLA Model in a Community Setting
Developmental and Behavioral Pediatrics April 2006
Howard Cohen, PhD
Mila Amerine-Dickens, MS
Tristram Smith, PhD
ABSTRACT: Although previous studies have shown favorable results with early intensive behavioral treatment (EIBT) for children with autism, it remains important to replicate these findings...
READ COMPLETE ARTICLE »
Looking Ahead: ESY and Summer Programming
April 13, 2010
By Heather Zakson, Esq.
For parents of special needs students, knowing that summer is around the corner can be a source of stress and worry. All parents have to think about the quality, cost and availability of summer programming. These concerns are magnified when planning summer activities for children with disabilities.
Here, I try to answer parents' questions I often encounter about summer
programming. I hope this is helpful to you.
School programming: What is ESY?
ESY stands for extended school year services, or, school services that are available for special education students during school breaks and holidays. A student's IEP must designate whether or not the student will receive ESY services.
AB3632 Services
April 7, 2010
By Shannyn Riba, Esq.
AB3632 is a California law that requires county mental health departments to assess and provide mental health services for special needs students, to the extent that such services are both needed to support the child's education and are outside the scope of what the District can provide for the student. When a student is eligible for special education or is suspected to need special education and exhibits significant emotional or behavioral characteristics that impede the student's ability to access his or her education, the district may refer that student to the Department of Mental Health for services under AB3632.
...READ MORE »
Spring IEP Season: Defend Your Child's Rights In The Face Of Budget Woes And Program Cuts
March 26, 2010
By Heather Zakson, Esq.
Parents in Los Angeles Unified School District have raised the alarm that the district is closing many of the special education programs in neighborhood elementary schools and will be busing children to centralized school sites, a money-saving measure that will help the district accommodate staff reductions. If the changes are instituted, children in these programs will be forced to deal with transportation difficulties and transitions to new settings with higher student:teacher ratios, and will be denied the chance to go to their local school with their neighbors and siblings.
...READ MORE »
Is There An Under Representation Of ED Students In The Special Education Population?
March 23, 2010
By Elizabeth Eubanks, Esq.
During the 2000-2001 school year, approximately 6% of children and youth with an emotional disturbance were eligible for special education and related services in the public schools (Twenty-fourth Annual Report to Congress, U.S. Department of Education, 2002). During the same period, 3% of the general population reported that their children had an emotional disturbance. (National Center for Education Statistics, 2001). In other words, approximately 8.4 million households reported having a child with an emotional disturbance while only 470,000 students nationwide were eligible for special education and related services under the category of ED. What could account for this difference?
One reason for the disparity may be the definitional differences surrounding the term "emotional disturbance".
...READ MORE »
The Sibling Experience
March 17, 2010
By Penelope Yates
My mother has just sent me my weekly list of work assignments. Nestled amongst the various office feng shui needs and copying projects is the missive, "I need you to do a blog on the sibling experience." My stomach clenches, my palms perspire, and I'm filled with instant dread.
My trepidation springs from the fact that I'm hardly a bastion of what an Autism sibling should be. On paper, I am qualified: I am the older sister of Nicholas, recovered from Autism and much blogged about on this website. And I was there throughout his entire recovery process.
I watched my parents cry.
I rode in the station wagon to all of his bimonthly meetings at the CARD office in Van Nuys, read the office's entire illustrated collection of Disney storybooks during his observed therapy sessions, and enjoyed the drive-through reward of McDonald's on the way home. I got picked up from school by a litany of enthusiastic twenty-something behavioral therapists, and watched as they quizzed Nick with flashcards, blocks and rubber balls. I developed a highly specified and extensive ABA vocabulary as phrases like "self-stimulatory behavior" and "motor planning difficulties" rang through the air. I watched Nicholas cry. I watched my parents cry.
...READ MORE »
Bullying and the Special Ed Student
March 15, 2010
By Shannyn Riba, Esq.
According to a study conducted by the American Academy of Child and Adolescent Psychiatry, approximately 50% of children are bullied during their academic careers. Children with disabilities are especially vulnerable to being teased and bullied by their peers. Bullying may intensely impact students in a negative manner and raise serious safety issues. For students with special needs, the effects of bullying may impede the right to have equal access to the benefits that an education offers.
Monetary damages are not available under IDEA, but may be available under Section 1983, Section 504, Title IX, and Title II of the ADA or other equal protection laws. Further, a failure by the District to appropriately address instances of bullying may be deemed a denial of FAPE under IDEA.
...READ MORE » 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.
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.
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.
"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
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 »
Why does an attorney get better results than parents working on their child's behalf?
Children are eligible for a broad array of services from both their school district and the California Regional Centers. Yet, for budgetary reasons, Districts often deny children services entirely or offer less than the law requires.
Put another way, the district will say no to you until they understand why they have to say yes. Working with an attorney to assess and present your case to the funding agency yields optimal results.
Funding agencies will take advantage of parents who don't fully know their rights or don't know the law. We can convey to the District why they should pay for services instead of paying for litigation.
We know the game.
The game is well-intentioned administrators and not nearly enough money for special education. This results in the district making an inadequate offer. We know how to beat them at their own game.
Our attorneys know how much a case is worth and how to present it to the District.
Cases are won and lost on expert testimony.
The choice of an expert, which requires the guidance of an attorney, is one of the most important decisions that you will make. We know how to use expert testimony and evidence to build a successful case. This is essential as cases are won and lost based on expert testimony.
Knowledge of the law enables your attorney to capitalize on a funding agency's mistakes. This gives the attorney leverage in negotiating the results your child needs.
Districts are motivated to avoid paying attorneys' fees which they are obligated to pay when a parent prevails at the hearing. Therefore, Districts are more likely to settle at an earlier stage and for more services when an attorney is involved.
Regional Center Eligibility
Many children are improperly denied eligibility notwithstanding an autism spectrum diagnosis. A knowledgeable attorney can successfully assist in reversing an unfavorable eligibility determination READ MORE »
IPP Meetings
Services are denied or taken away from eligible children every year without cause. Having an attorney present at IPP meetings will increase your opportunity for a successful outcome.
Being represented at IPPs will demonstrate a strong posture at the onset of your case. This posture will set forth an understanding with a school district that you willing to fight for appropriate services and not settle for less than what your child is entitled to under federal law. READ MORE »
IEP Meetings
Whether you are just starting out at your first IEP team meeting or you are a seasoned advocate for your child, we can provide you with expert and experienced legal advice that will help you build or restructure your case to achieve the results you need.
READ MORE »
Informal Dispute Resolution and Fair Hearings
The Law Offices of Bonnie Z. Yates, Inc. is a dedicated law firm providing an array of services to children to help them obtain a Free and Appropriate Public Education. All of our clients have access to the expertise of our lawyers, education consultants and legal analyst. READ MORE »
Mediation and Settlement
If the District offers an unsatisfactory placement, we recommend utilizing mediation or informal dispute resolution to secure a favorable outcome for your child. Mediation with the District is an informal process where both sides can constructively present their needs and options often resulting in a more beneficial outcome for your child.
READ MORE »
Due Process Hearings
A due process hearing is an administrative hearing to appeal the District's placement offer for your child. This is an evidentiary trial in front of an administrative law judge.
You have a right to be represented at a due process hearing. Navigating through the public education system can be difficult and frustrating. Strong representation on the outset will present your child's needs in a straight forward, informed way that will markedly increase the opportunity for a successful outcome that will most benefit your child's education future. READ MORE »
Disability Discrimination
If you suspect your child is subjected to discrimination in a public or private program, please complete our Family Intake Form and we will contact ou to schedule an initial consultation with an attorney. READ MORE »
A Panel Discussion with Parents Whose Children
have Recovered from Autism
What Is It Like To Have Your Child Recover From Autism?
Parents Reflect On Their Children's Recovery.
Part 1: Introduction and Questions
Part 2: Questions from the Audience for the Parents
WE UNDERSTAND Families have enough battles to overcome in everyday life living with special needs children. We know. Many of our staff members are parents of special needs children and have gone through the difficult educational and emotional processes you are experiencing.
A TEAM APPROACH The Law Offices of Bonnie Z. Yates, Inc. employs a team approach in securing your child's education rights. Our team is composed of attorneys, skilled education professionals and support staff committed to assisting you in obtaining all the education services to which your child is entitled.
HOW TO GET STARTED Please take a minute to fill out our "Family Intake Form" if you would like to schedule an initial free phone consultation.
Once completed, our office will call to set up a convenient appointment time with you.
Please call Jennifer Olson at 310-204-6624 for more information. The initial consultation is free.
Bonnie Z Yates
Bonnie Yates is a special education attorney in Los Angeles. In 1994, when her second child was diagnosed with autism, Bonnie focused her legal practice exclusively on special education to help her son obtain the educational services he needed. Bonnie Yates and her team of lawyers have helped hundreds of children obtain vital educational services throughout California.
Ask Bonnie a Question
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Intensive Behavioral Treatment for Children With Autism: Four-Year Outcome and Predictors
American Journal on Mental Retardation
A Comparison of Intensive Behavior Analytic and Eclectic Treatments for Young Children with Autism
Research in Developmental Disabilities
Special Education Law
NPS Schools Agencies
IEP Meetings
Disability Discrimination