|
When my
daughter was born with LOBPI in 1997, we immediately
contacted the DPH for EI so we could set up an IFSP with
OT and PT. We knew we had to learn about IDEA so we
could transition into an IEP or 504 plan with the DOE,
so that she would receive FAPE and maintain LRE and try
to get ESY by her third birthday.
To most
parents, this conversation sounds like babble. We, as
parents, have to learn a new language and tasks so that
we can successfully advocate for our children’s growth
into society. To become effective advocates we must
assume new roles as medical students, legal aides,
educators, and therapists. This website will help you
familiarize yourself with the new terms: www.specialedlaw.net/index.mv?action=glossary.
Before long, this will all become second nature.
Advocating
for your child is as important as finding the right
brachial plexus injury (bpi) specialist. All the
information you need is available on the internet and at
state agencies. The two programs which you must become
familiar with are Early Intervention (EI) and the
Department of Education (DOE). Even after
gathering all this information, the burden for
advocating for your child can be overwhelming. There is
support, frequently, through Parent Advisory Councils
(PAC), or you may also choose to hire a
special-education advocate and/or attorney. These
services may be free through state run agencies, and
your local EI program and educational agency will have
listings of what is available.

EI is the
first state agency that you should contact to begin
advocating for your child. It is the state agency that
provides services (physical therapy (PT), occupational
therapy (OT), speech therapy (ST)) for your child from
birth to age three. EI is the topic of Part C of the
Individuals with Disabilities Education Act (IDEA) www.nectas.unc.edu/idea/idea.asp.
The
hospital or birthing center where your child was born
may have contact information for your local EI office.
If not, this website www.ectac.org/default.asp
has links under the Program for Infants and Toddlers
with Disabilities, for the IDEA statute, your state
contacts, and definitions of all the abbreviated terms
with which you need to become familiar to get necessary
services. Another good resource is the National
Information Center for Children and Youth With
Disabilities (NICHCY) www.nichcy.org.
The first
three years of qualifying for services through EI, for
most of our children, should be straightforward because
the definition for qualifying is clear. The child
qualifies for EI – as defined in the IDEA Part C
statute – if they are "diagnosed with a physical
condition which has a high probability of resulting in
developmental delay" (20 USC 1432(5)(A). Provide a
written letter of necessity from your doctor referencing
this law, and they cannot refuse services. Any bpi
specialist will acknowledge that this injury has a high
probability of resulting in developmental delay in both
fine and gross motor skills. Although the child may not
be behind in skills through the testing procedures -
which often do not measure bilateral skills - they still
qualify under this ruling. Make sure the doctor explains
how predictable secondary complications will occur
(scoliosis, limb asymmetry, pain, contracture,
posturing, etc.) without services.
The type
of modalities that are most beneficial is an issue for
which you may have to fight (aquatic physical therapy
(PT), range of motion (ROM), joint mobilization,
Myofascial Release (MFR), Neurodevelopmental Therapy (NDT),
etc.) Arm yourself with printouts about how these
interventions are beneficial [e.g., Ramos, L.E. Zell,
J.P. "Rehabilitation Program for Children with
Brachial Plexus and Peripheral Nerve Injury." Seminars
in Pediatric Neurology. Vol. 7, No. 1 2000 (March
2000):52-7.] The therapy should concentrate on
maintaining passive ROM, increasing strength, and
reaching developmental milestones (www.growingchild.com/milestones.html),
such as stringing beads, building block towers, self
help skills for grooming and dressing, simple puzzle
manipulation, crawling, walking, maneuvering stairs,
kicking and catching balls, hopping, jumping, balancing,
page turning, pulling toys, etc.
The
school system must have an Individualized Educational
Program (IEP) in place by a child’s third birthday if
he or she is found eligible. It is important to remember
that EI is responsible for assisting in the transition
to school-based services. "Medical versus
Educational" (www.fcps.k12.va.us/DSSSE/PTOT/ptotedvsmed.htm)
is the catch phrase that we usually have to understand
when we begin our quest for therapy in the school
system. It is the therapist’s responsibility to be
able to apply useful therapeutic modality towards
educational goals, like NDT and joint mobilization (www.coe.missouri.edu/~mocise/pubs/ta-6.htm).
Learning
the laws and procedures are the most important tools for
effective advocacy. The most useful website is www.wrightslaw.com.
It contains links for nearly everything you might
question, from legal rights to IEP format to procedural
rights to Frequently Asked Questions (FAQ). State
guidelines and programs can be found under State
Materials at www.specialedlaw.net. This
site also has the full PDF version of the federal CFR of
IDEA. There is a Yahoo group for parents to learn and
ask specific questions for support and networking http://groups.yahoo.com/group/IEP_guide/.
Remember, also, to find out about the Parent Advisory
Council (PAC) which should be available for parents of
children in the school system with special needs.
There are
some important differences between EI and the DOE
programs. EI is generally run through the Department of
Public Health, and the therapies they use may focus on
medically-based outcomes. This can be quite a shock
during the transition to school-based services, which
specify that any therapy must be designed to provide
educational benefit. Their argument is usually that a
certain therapeutic modality that your child received in
EI has no basis in the educational program because they
do not address educational need. It is common, however,
that the school therapist has never treated or followed
a child with a bpi, and is unaware of the secondary
ailments that will occur without proper intervention and
hands-on modalities (deformity, pain, limb asymmetry,
sensory integration issues, social self-awareness). The
therapy services must be transferable to the school
environment and include age appropriate annual goals
such as: negotiating busy stairwells, buses, playground
equipment (slides, monkey bars, climbing apparatus),
balance, posture, ambulatory tasks (seating, walking;
pushing and pulling open heavy doors, carrying books,
utilizing backpacks, holding lunch trays), self-help and
grooming (zippering, snapping, tying, dressing,
independent restroom care), seat work (cutting, writing,
folding, pencil sharpening, page turning), opening and
closing (cartons, jars, bottles, pencil pouches), using
chalkboards, lockers, field trips, and extracurricular
activities (field day). All of these issues are relevant
to the educational environment, and are essential to
advancement in the general curriculum.
http://community-2.webtv.net/SpecialEd_Watchdog/SpecialEdWatchdog/
www.reedmartin.com
Richard
Looby lives in Massachusetts with his wife Lisa and
three small daughters, Kailyn, Julia and Sarah. Kailyn
suffered a brachial plexus injury at birth in 1997.
Richard has a B.S. degree in Chemistry, and currently
works for Epix Medical developing new drugs for MRI
diagnostic applications. He has a strong interest in the
rights to services provided by IDEA, and has contributed
resource information to the UBPN Awareness effort on the
rights of families to services within the school system.
|