LD 1741

Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation, a Major Substantive Rule of the Department of Education

Sponsor: Representative Sutherland

Committee of Jurisdiction: Education and Cultural Affairs

Contact information of Committee Members: http://www.maine.gov/legis/house/jt_com/edu.htm

Public Hearing: February 8, 2010, Room 202 Cross Building

ASM Legislative Action Alert on LD 1741: http://archive.constantcontact.com/fs038/1102467236675/archive/1103012214278.html

Next Worksession:

  • February 22, 2010, a:00 p.m., Room 202 Cross Building

Status: Worksession scheduled

Draft language of bill:

http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP123801.asp

Final language as adopted: N/A

Autism Society of Maine Testimony

February 8, 2010
Senator Justin L. Alfond, Chair
Representative Patricia B. Sutherland, Chair
Committee Education and Cultural Affairs
State House, Room 228
Augusta, ME 04333 

Re:  LD 1741, "Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation, a Major Substantive Rule of the Department of Education"

Good morning. My name is Lynda Mazzola, and I am the current President of the Board of Directors for the Autism Society of Maine.  I have also been a special educator teacher and special education director in the State of Maine and am currently a speech-language pathologist in private practice.  I am here today to testify on behalf of the Autism Society of Maine and the many preschool and school-age clients with whom I work.  I would like to present you with a hypothetical case scenario to help you to understand how the implementation of some of these changes would not only adversely affect the growth and development of a child with autism, but would ultimately end up costing the state and local school district more money. 

Autism is a neurological disorder that affects the functioning of the brain, impacting development in the areas of social interaction and communication skills. Both children and adults on the autism spectrum typically show difficulties in verbal and non-verbal communication, social interactions, and leisure or play activities.  Research has shown that intensive early intervention leads to significantly improved outcomes for individuals on the autism spectrum.  Since many children with autism have related problems/conditions such as seizure disorders, deafness, sensory processing disorders, feeding difficulties, and behavioral problems, the concept of a single “primary coach” providing direct services to the Birth-2 population is of great concern.  One single practitioner cannot be properly trained to provide specialized instruction in all developmental areas of need for a child with multiple disabilities just through consultation services.  This leaves the door wide open for a lawsuit, as parents will turn to due process to get the specific intervention services their child needs from an appropriately certified or licensed therapist who has the knowledge and training to provide the therapeutic intervention.  It is unethical to ask licensed professionals to provide services for which they are not credentialed to do, or don’t have the adequate training to perform.  We wouldn’t ask an electrician to consult with a plumber and then ask the plumber to do the wiring in a house we are building.  If we don’t start with a solid foundation, the potential for future learning and positive outcomes is at risk. 

With the recommended changes in timelines for evaluation set back to 45 school days we now could potentially have a child with autism waiting three-six months before services are begun, depending on the date parental consent was signed.  What are the cost savings compared to the loss of time which cannot be recouped?  Research tells us that the earlier we intervene the better the outcome and the less it costs us long-term, so what are we saving in dollars?  Three-six months for a child with autism is an extremely long time to go without intervention, and many children do not get diagnosed until after three years of age.  We need to be proactive as the long-term cost to society will be much greater than the immediate savings.

The changes in eligibility criteria are another area that concerns us with regard to children with autism.  Autism is a spectrum disorder and many individuals do quite well academically.  However, they are unable to relate to their peers, don’t understand the hidden rules of society, and have social communication problems with their teachers and peers.  The addition of the “adverse affect” requirement which was initially rejected by this committee, the procedure for “determination of adverse affect”, the need to document whether intervention strategies employed in the general education setting are sufficiently measured to support a finding of adverse affect, and the section that defines what “needs special education and related services” means all exceed federal requirements and are very subjective terms.   The interpretation of the criteria for making these determinations will vary one school district to another, and parents will find themselves resorting to legal procedures when their child does not get the services they believe are needed because the IEP team has decided that there is no “adverse affect”.  The cost to the local school district and the state will once again be increased. 

The last issue which I will address in this testimony is the “payment for contracted services.”  As a speech-language pathologist in private practice I stand in front of you today and tell you that there is no way I could make a living fulfilling a school contract at the Medicaid rate.  What keeps my business alive is the fact that I am able to contract with both private and public agencies, private insurance companies, and private clients who can either pay my full fee or come closer to it than MaineCare.  Speech-language pathologists, occupational therapists, and physical therapists in private practice have been receiving the same rate of reimbursement since 1990.  That is 20 years without an increase in Medicaid rates, and as a result many clinicians have gone out of business, and more will follow.  This will bring parents to due process faster than any of the other concerns as children on the autism spectrum often need intensive speech-language therapy, occupational therapy, and even physical therapy services throughout their school years.  ABA and other behavioral interventions will also be affected, and the number of potential lawsuits for special education services not being met will be overwhelming and quite costly.

In closing, on behalf of the autism community and all children with disabilities, I ask that each committee member spend time looking at the changes to Chapter 101 rules very carefully.  Please ask questions if you are unsure about the cost advantage or adverse affects that will result from these changes.  While budget cuts are necessary, we also need to be sure we are not saving pennies now to spends hundreds of dollars later, and that the personal cost to individuals with disabilities is not one that closes doors to receiving needed special education and related services.  It is our obligation to see that every individual with autism or any other disability is provided with the educational program that he/she needs to improve and develop his/her full potential to become a productive member of society, at whatever level he/she is able to achieve.


On behalf of the Autism Society of Maine I ask that this committee vote to not implement LD 1741 as it is currently written, and that the committee carefully review the written and oral testimony presented today to determine which parts of this document can be implemented without compromising the education and rights of children with disabilities.

Sincerely,

Lynda Mazzola, President
Autism Society of Maine Board of Directors