Hickman & Lowder Weblog

The Face of the Future?

Friday, 26 April 2013 11:31

When I was a young girl and people asked me, “What do you want to be when you grow up?” I would respond, “The President of the United States.” I (mistakenly) thought I had what it takes to change the world…or maybe not.

A title so grand, a job so big, meant to me that I could feel ‘important’ and ‘in charge.’ I thought that, only by being in a position to change ‘everything,’ would I have the ability to make a difference.

As a much older person, my ‘world view’ has shrunk to my family, my friends, my work and my ‘play.’ At least, I think of those people every day and pray I do my best for them.

Those people include people and families who have ‘special needs,’ with my focus being to share information about how to do planning for the future. Since 1998, much of this has centered around the Planting The Seeds for a Successful Future Workshops sponsored by the Cuyahoga County Board of Developmental Disabilities. Recently, as part of preparing this year’s Workshops, I have been giving thought to some ‘big picture’ changes likely to impact the families we serve.

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Children with Disabilities Have a Right to FAPE During Teacher Strikes

Tuesday, 16 April 2013 15:05

Recently, many Ohio parents have asked whether their children on IEPs, or eligible for IEPs, have a right to receive a free appropriate public education (“FAPE”) during a teacher strike. The answer to this is “yes.” A work stoppage or a picket line does not excuse the school district’s responsibility to follow your child’s IEP or to provide your child with FAPE. Similarly, a strike does not excuse the Ohio Department of Education from fulfilling its ultimate responsibility to ensure that Ohio children with disabilities receive FAPE.

All remedies that are available under the Individuals with Disabilities Education Act (“IDEA”) to parents in normal times are available to parents during a strike. This includes filing a due process action to enforce your child’s right to FAPE, and/or making a unilateral placement of your child and seeking tuition reimbursement from the District as a result of the District’s failure to provide FAPE.

Read more: Children with Disabilities Have a Right to FAPE During Teacher Strikes

Improvement Standard is No More

Thursday, 07 February 2013 09:50

On January 24, 2013, the federal district court in Vermont approved a nationwide settlement that affects many Medicare-covered individuals. 

It had become routine for Medicare to stop paying for therapy (physical, occupational, and speech) if the individual was no longer showing improvement. The Center for Medicare and Medicaid Services (CMS), which administers the Medicare program, has agreed that the “improvement” standard was improper. 

Read more: Improvement Standard is No More