Autism Spectrum Disorder (ASD) Eligibility, Programs, and the Family Support Subsidy Lucy Hough-Waite Kent ISD

Brief History of Autism Rules – A Michigan task force worked on autism definition. No action was taken, largely because the Headlee Amendment had recently taken effect – Part of settlement of Michigan Society for Autistic Citizen’s lawsuit against MDE was development of autism definition. LHW – Kent ISD

Brief History of Autism Rules – 2 August 12, 1983 – Autism Rules took effect including definition, program rules, and teacher certification requirements. Language related to 1758(b) autism programs was included to address programming challenges in rural areas and districts where incidence of autism was low. LHW – Kent ISD

Brief History of Autism Rules – A small task force drafted recommendations for standards for 1758(b) autism programs. October 20, 1983 – Ed Birch, Director of Special Education for MDE, issued memo to ISDs regarding ISD Plan Standards for operating 1758(b) programs. LHW – Kent ISD

Requirements for 1758(b) ASD Programs Districts are required to implement the (b) alternative to meet the unique educational needs of students with autism... in consultation with the State Department of Education. The following program components for 1758(b) autism spectrum disorder programs have to be assured in ISD Plans. LHW – Kent ISD

Four ISD Plan Assurances for 1758(b) ASD Programs 1.Inservice education will be provided to the special education teacher responsible for the education of students with autism (related to autism, behavior, curriculum development, home/school interactions and family and community supports). 2.A consultant knowledgeable about autism will be available to the teacher and support staff. LHW – Kent ISD

Four ISD Plan Assurances for 1758(b) ASD Programs 3.Related service providers serving students with autism will have inservice education related to the services they provide. 4.The IEP Team will describe its consideration of the student’s ability to function in the chosen program in relationship to class size and student-to-staff ratio. LHW – Kent ISD

Programming Options for Students with ASD 1.Rule (a) – Autism Spectrum Disorder (ASD) Classrooms (with autism teacher, 5 students, 1 teacher, 1 paraeducator) 2.Rule (b) – Autism Spectrum Disorder (ASD) Program (Consists of any other special education program that includes the four assurances) 3.Any Other Combination of Special Education Programs and Services – but not including requirements of 1758(b) LHW – Kent ISD

Brief History of Family Support Subsidy – 1 December 15, Family Support Subsidy (FSS) Program was made part of the Mental Health Code by the Michigan legislature. July 1984 – Deadline for promulgating rules for the purpose of accepting FSS applications from families. LHW – Kent ISD

Brief History of Family Support Subsidy – 2 Purpose of FSS – “To keep families together and to reduce the capacity in state facilities by defraying some of the special costs of caring for eligible minors from out-of-home placements to their family homes, and preventing or delaying the out-of-home placement of eligible minors who reside in their family homes.” LHW – Kent ISD

Eligibility for Family Support Subsidy Child is under 18, and has severe level of cognitive impairment, severe multiple impairment, or autism. Child with autism must be served in an autism [ASD] program (a) or (b). Child must be living at home (not in a publicly supported residential setting). Taxable income of family may not exceed $60,000 per year. LHW – Kent ISD

IMPORTANT The IEP Team decision to place a student in an (a) or (b) ASD program should be made based on the student’s unique needs, and independent from any Family Support Subsidy considerations. LHW – Kent ISD

Implications 1.Since 1758 (b) programs for students with autism are part of a continuum of services, ISDs should include the four Assurances for 1758(b) Autism Programs in ISD Special Education Plan language. LHW – Kent ISD

Implications 2.Students with autism should be assigned to programs based on their needs. If a student needs highly specialized, unique programming then he/she should be assigned to a 1758 (a) or (b) program. LHW – Kent ISD

Implications 3.Not all students with autism need autism programming – (a) OR (b) – and to place them in such programming may violate the principle of least restrictive environment (LRE). LHW – Kent ISD

Implications 4.ISDs need to work collaboratively with the Community Mental Health offices in their area to communicate these messages to families: a. The FSS is intended for families with children who are at risk of out-of-home placements. b. Not all students with ASD will qualify for FSS. c. The IEP Team must make eligibility and program decisions for students, independent of the family’s potential eligibility for the FSS. LHW – Kent ISD

How to Record 1758(b) ASD Programs on IEP Team Reports If IEP Team determines the student needs a (b) ASD program, first determine what cross- categorical program will be transformed into a (b) program (Example: Moderate CI classroom) In this example, record Moderate CI classroom on IEP, but also make this notation in the comments section: “The recommended program will meet the requirements of a 1758 (b) autism spectrum disorder program.” LHW – Kent ISD

How to Record 1758(b) ASD Programs on IEP Team Reports The IEP must also make some notation about the student’s ability to function in the recommended program related to class size and staff-to-student ratio. Some examples of IEP language: “(Student) is able to function with the required class size and staff-to-student ratio of the Moderate CI classroom.” OR “This classroom will be assigned an additional paraeducator to provide extra staff support to (student).” OR “This classroom will be limited to no more than 10 students, which is a manageable class size for (student).” “This classroom will be limited to no more than 10 students, which is a manageable class size for (student).” LHW – Kent ISD

How to Record 1758(b) ASD Programs on IEP Team Reports If a student is assigned to a 1758 (b) ASD program, all of the assurances stated earlier must be implemented by the school district. However, the IEP Team has the authority to decide whether or not to record other assurances of the (b) autism programs (such as staff training or nature of autism consultation) on the IEP Team report. LHW – Kent ISD

Questions and Answers LHW – Kent ISD