Dependent Child with a Disability

A dependent child with a disability is an individual 2 years of age or younger who is claimed as a dependent on the taxpayer’s federal individual tax return for the year; and identified under guidelines of the Department of Health as qualified for Baby Watch Early Intervention Program for Infants and Toddlers. For additional information, contact the Utah Department of Health, Baby Watch Early Intervention Program,  telephone 801-584-8226 or 1-800-961-4226.

Eligible Student with a Disability

An eligible student with a disability means an individual:

An individual 21 years of age or younger who is claimed as a dependent on the taxpayer’s federal individual income tax return; not the taxpayer or the taxpayer’s spouse; determined eligible by an IEP team under State Board of Education special education rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act as having a disability classified as autism, deafness, preschool developmental delay, dual sensory impairment, hearing impairment, intellectual disability, multi-disability, orthopedic impairment, other health impairment, traumatic brain injury, or visual impairment; Not receiving residential services from the Division of Services for People with Disabilities created under Section 62A-5-102 or a school established under Title 53A, C apter 25b, Utah Schools for the Deaf and the Blind; and Enrolled in an public education program for students with disabilities authorized under Section 53A-15-301, or is a recipient of a scholarship awarded under Title 53A, Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special Needs Act. Questions concerning qualified students may be directed to your local school district or charter school, local school, or the Utah State Office of Education.

Dependent Adult with a Disability

A dependent adult with a disability is:

An individual 18 years of age or older who is claimed as a dependent on the taxpayer’s federal individual tax return for the year; not the taxpayer or the taxpayer’s spouse; eligible for services under Title 62A, Chapter 5, Services for People with Disabilities, and Not enrolled in an education program for students with disabilities authorized under Section 53A-15-301. Questions may be directed to the Division of Services for People with Disabilities, telephone 801-538-4200; www.dspd.utah.gov.

Restrictions 

Under Part 2, Eligible students with a disability, there are some restrictions.  The requirements are detailed on the second page, but may not be used for students with SLD (specific learning disabilities), ED (emotional disturbances), or SLI (speech and language impairment), due to legislative restriction, which is also listed on the form under Part 2.  Do not submit the TC-40D form with your return.  Keep a copy of form wiht the authorized certification signature filled out by the appropriate state agency in your records in case of an audit. 

Download TC-40D - Dependent with a Disability Exemption Form Here.

• Enter to Win a Free iPad When Participating in Survey
• Assistive Technology in Action Part 3: Meet Mason
• New: Grandparents of Kids with Special Needs Website and Social Links
• Making the IEP Work for You Part 2: How Families Can Get the Most Out of this Valuable Tool
• The 2012 Transition Mini-Conferences were a Huge Success!  
• Upcoming 2013 Transition Mini-Conferences:
  January 28-29, 2013, Davis County
  February 8, 2103, Uintah School District
  March 12-13, 2013, Salt Lake County  
• Upcoming Utah Parent Center Workshops and Trainings
  01/10/2013: 2013 Davis Transition Fair
  01/17/2013: Alpine Preschool Parent Training: Disciplining Young Children with Autism
  01/17/2013: Alpine Parent Training: Behavior Strategies for Students on the Autism Spectrum
  01/22/2013: Early Intervention to Special Education Preschool Transition Workshop
  01/24/2013: CHADD Conference
  01/28-29/2013: Transition Mini-Conference in Farmington
  01/29/2013: Preparing Your Child for the Transition to Middle and High School – Change in Date and Location! Sandy, Utah 
  01/29/2013: Family to Family Network Daytime Group: Advocacy Meeting
  02/12/2013: Parents as Partners in the IEP Process
  02/12/2013: Transition to Adult Life Workshop
  02/12/2013: Preparing Your Child for the Transition to Middle and High Schools
  02/13/2013: Parents as Partners in the IEP Process at the UPC
  02/20/2013: Section 504: Services for Students in Public Schools at the UPC 
  03/08-09/2013: 2013 Family Links Conference – Registration Now Open  
  03/12-13/2013: Transition Mini-Conference in Sandy     
• Upcoming Community Events and Activities
  01/12/2013:  The Conscious Parent Conference
  01/15/2013:  Parent to Parent:  Family Training on ADHD
  01/22/2013:  Wiggly Worm Sensory Class by Easter Seals Good Will
  01/10/2013:  Fetal Alcohol Support Group
  02/05/2013:  Kindred Spirits Workshops Starting 

Click here to view the Utah Parent Center e-Connections page.

Parents Should Play an Active Role in the Team Effort

If you think your child might be eligible to receive special education services or if your child already qualifies for special education, evaluation (or reevaluation) is an essential step in the design of an IEP. Evaluation is the process by which a child’s capabilities and needs are assessed and is the basis for his/her IEP. Here are some important things for you and your family to consider related to evaluation:

• Evaluation is required by the federal special education law, The Individuals with Disabilities Education Act (IDEA), to determine if a student qualifies for special education services.

• Evaluation is a systematic process of collecting and interpreting information about a child’s abilities, strengths, and needs.

• The evaluation is always done by a team, and the makeup of the team varies based on the needs of the individual student.

• Too often people think of evaluation as “testing.” Actually, evaluation is a collection and combination of data that should include observations by people who know and work with the child, present levels of academic or functional performance, formalized evaluations (tests), etc.  It should focus on the child’s strengths as well as his/her needs and provide information about how the child learns best.

• Evaluation can feel like a scary time for parents because they are afraid they will only hear negative things about their child.

• To help keep things positive families can get in the habit of recording the child’s strengths and achievements – however seemingly small – in the form of a list or a diary. This
  record should describe the child’s abilities in all areas (general skills, social, motor, access skills, self-help, etc.). This can form the basis of the parents’ observation.

• Once evaluation has taken place by school personnel, parents are to be notified of the results in writing. Parents may request a meeting with school officials to discuss the results before the IEP meeting takes place.

• Parents should consider whether or not the evaluation results are consistent with their own picture of their child. If not, they can ask questions to see if the child’s performance was affected by the conditions of the evaluation.

• If, for some reason, the results do not appear to be accurate and are not satisfactory to the family, they have the right to have the child assessed by an independent evaluator of their choosing. The school district may or may not pay for this. Parents should make sure that the outside evaluator is qualified and someone who shares, or is receptive to, the
  parents’ vision for their child.

• The initial evaluation that determines eligibility to receive special education services under IDEA must be done 60 calendar days from the time the school district receives the parental signature giving permission for the initial evaluation.  Reevaluation must occur at least once every three years but could happen more often if the team, including the family, agrees it is necessary.

Above all, remember that evaluation is a team effort and is a combination and collection of data. No one person, one observation, or one evaluation or test, should be the sole
determining factor in the final outcome of the evaluation.  

When designed individually and implemented effectively, the Individualized Education Plan (IEP) is an important tool that helps assure a student’s success in education.  This three part series, Making the IEP Work for You, will explore key components of the IEP including:  evaluation, how families can make the most of this valuable tool, and progress monitoring!

This article was written and published by PEAK Parent Center, Colorado Springs, Colorado and used with permission by the Utah Parent Center. 

Website Links for Additional Resources Related to Evaluation and Reevaluation

• Evaluating Children for Disability, from the National Dissemination Center for Children with Disabilities
• Building the Legacy: IDEA 2004, briefs, video clips, and training materials related to Evaluation
• Parents As Partners in the IEP Process Parent Handbook, by the Utah Parent Center
• Referral and Evaluation Information Sheet, from the Utah Parent Center
• Parents As Partners in the IEP Process:  Module  1 Video, Referral Evaluation and Eligibility by the UPC
• Utah Special Education Rules, by the Utah State Office of Education, Special Education Services

The 2013 Family Links Conference will be held on

Friday, March 8 and Saturday, March 9, 2013.

When ‘GO TO YOUR ROOM’ Isn’t Quite Far Enough…

This two-day series featuring presenter Jo Mascorro provides strategies in teaching children ownership and management of their behavior.  This conference will provide participants with an array of strategies to assist in teaching accountability for their behavior by engaging participants in a variety of activities that will develop these skills, while engaging the audience with humor and practical wisdom. 

The 2013 Family Links Conference is geared to parents of children of all levels of abilities who would like to learn more about helping their children with challenging behavior.  Professionals who work with children Pre-K thru 12 are welcome to register but parents will be given registration preference. 

Day 1:  What All Adult Brains Should Know About All Children’s Brains

Day 2:  Don’t Look Now, Your Behavior is Showing

Who is Jo Mascorro?

Jo Mascorro is an independent consultant who provides training throughout the nation on behavior interventions including  parenting skills, behavior intervention practices, and communication strategies.  She is expert at working with students who experience severe/profound disabilities ages birth-adult as well as with higher functioning students.  She has over 33 years experience in the field of Education and received both her Bachelor and Master’s degrees from Texas Tech University.  She is a native Texan and resides in San Antonio.  She has presented in Utah numerous times for both educators and parents and is known for her sense of humor and her ability to engage her audiences in a fun way while teaching practical skills that work.

She is also the co-owner of the Acadiana Café, a Cajun/Southern cooking restaurant and has a daughter, Hallie, who is twenty one years old. It is always a treat to hear Jo speak, and the time flies too quickly for those attending.

Online registration is now open.  

Click here to Register Now!

Conference Location

Vivint Technologies
4931 North 300 West
Provo, Utah

Want to know more about the DLC? Visit their website at www.disabilitylawcenter.org.

Press Release:  August 29, 2012 US Department of Health and Human Services

A disproportionately high number of children with neurologic disorders died from influenza-related complications during the 2009 H1N1 pandemic, according to a study by scientists with the Centers for Disease Control and Prevention. The report in the journal Pediatrics underscores the importance of influenza vaccination to protect children with neurologic disorders. CDC is joining with the American Academy of Pediatrics, Families Fighting Flu and Family Voices to spread the message about the importance of influenza vaccination and treatment in these children.

The Pediatrics study looked at influenza-related deaths in children during the 2009 H1N1 pandemic based on data submitted to CDC from state and local health departments. The number of pediatric deaths associated with 2009 H1N1 virus infection reported to CDC during the pandemic was more than five times the median number of pediatric deaths that were reported in the five flu seasons prior to the pandemic. Sixty-eight percent of those deaths occurred in children with underlying medical conditions that increase the risk of serious flu complications.

Of the 336 children (defined as people younger than 18 years) with information available on underlying medical conditions who were reported to have died from 2009 H1N1 flu-associated causes, 227 had one or more underlying health conditions. One hundred forty-six children (64 percent) had a neurologic disorder such as cerebral palsy, intellectual disability, or epilepsy. Of the children with neurologic disorders for whom information on vaccination status was available, only 21 (23 percent) had received the seasonal influenza vaccine and 2 (3 percent) were fully vaccinated for 2009 H1N1.

“We’ve known for some time that certain neurologic conditions can put children at high risk for serious complications from influenza,” said Dr. Lyn Finelli, chief of the surveillance and outbreak response team in CDC’s Influenza Division. “However, the high percentage of pediatric deaths associated with neurologic disorders that occurred during the 2009 H1N1 pandemic was a somber reminder of the harm that flu can cause to children with neurologic and neurodevelopmental disorders.”

“Flu is particularly dangerous for people who may have trouble with muscle function, lung function or difficulty coughing, swallowing or clearing fluids from their airways,” said study coauthor and pediatrician Dr. Georgina Peacock. “These problems are sometimes experienced by children with neurologic disorders,” said Peacock, of CDC’s National Center on Birth Defects and Developmental Disabilities

The most commonly reported complications for children with neurologic disorders in this study were influenza-associated pneumonia and acute respiratory distress syndrome (ARDS). Seventy-five percent of children with a neurologic condition who died from 2009 H1N1 influenza-related infection also had an additional high risk condition that increased their risk for influenza complications, such as a pulmonary disorder, metabolic disorder, heart disease or a chromosomal abnormality.

CDC is partnering with the American Academy of Pediatrics and influenza advocacy groups to help promote awareness about the importance of influenza prevention and treatment in these high risk children. Since the H1N1 pandemic, children with neurologic conditions continue to represent a disproportionate number of influenza-associated pediatric deaths. CDC, the American Academy of Pediatrics (AAP), Family Voices, and Families Fighting Flu recognize the need to communicate with care takers about the potential for severe outcomes in these children if they are infected with flu.

“Partnering with the American Academy of Pediatrics, influenza advocacy groups and family led-organizations CAN help prevent influenza in children at highest risk,” said CDC Director Dr. Thomas R. Frieden.

The partnering organizations are working to coordinate communication activities with their constituents, which include parents and caregivers, primary care clinicians, developmental pediatricians and neurologists in hopes to increase awareness about flu prevention and treatment in children with neurologic disorders.

“The American Academy of Pediatrics, Families Fighting Flu and Family Voices were all natural partners when we thought about how to reach as many key people as possible with this message,” Dr. Peacock adds. “The collaboration and energy around this effort has been fabulous.”

“Our network of physicians is committed to influenza prevention in all children, and especially in reducing complications in those children at higher risk for experiencing severe outcomes as a result of influenza-like illness,” says Robert W. Block, M.D., president of the AAP. “This coalition can more broadly engage the entire community of child caregivers to express how serious flu can be for these children. These efforts emphasize why the medical home is so important for children and youth with special health care needs.”

Family Voices is a national family-led organization supporting families and their children with special health care needs. Ruth Walden, a parent of a child with special needs and president of the Family Voices Board of Directors, says, “It’s frightening to think that flu can potentially lead to so many complications or even death. We’re pleased to see organizations working together to educate families and providers about the importance of prevention.”

Families Fighting Flu, an advocacy group dedicated to preventing influenza, has a long history of reaching out to families who’ve lost loved ones to flu. “Throughout the years we’ve seen firsthand how flu can affect these kids and their families’ lives. We understand that prevention is absolutely critical,” explains Laura Scott, executive director of Families Fighting Flu. “Working with other groups only expands our mission of keeping kids safe throughout the flu season.”

CDC recommends that everyone aged 6 months and older get an annual influenza vaccination, including people who are at high risk of developing serious complications. Flu vaccine is the best prevention method available. Antiviral drugs, which can treat flu illness, are a second line of defense against flu.  

• Utah Family Voices provides families with resources to make informed decisions, advocate for improved public and private policies, build partnerships among professionals and families, and serve as a trusted resource on health care.  They are ready to assist you with issues related to the health care of a child or youth with a special need or disability. Contact Utah Family voices at 801.272.1068.  More information  available at www.familyvoices.org
• Center for Disease Control:  To learn more about influenza, visit www.cdc.gov/flu.
• Seasonal Influenza – Utah Office of Epidemiology:  http://health.utah.gov/epi/diseases/flu/index.htm
• Utah Immunization – Flu Vaccine Locator:  http://www.immunize-utah.org/apps/flu/index.php
• About American Academy of Pediatrics:  For more information, visit www.aap.org
• About Families Fighting Flu: Working Together to Protect Children More at www.familiesfightingflu.org.
• Know What To Do About the Flu:   Influenza, vaccination and planning/preparedness visit www.flu.gov

Latest Update 8/29/2012

You can call 1-855-238-3339 to find out if you or your child’s Social Security number was compromised during the security breach.  Please be aware that in order to check if your number was stolen you will need to provide it to the hotline.

Utah Health Department Data Breach Update

If you or your family members were impacted by this security breach that occurred in April (your social security number was compromised you have until September 30, 2012 to sign-up for free credit monitoring.  

FAQ about the Utah Health Department Data Breach

Q: What happened?

A: On March 10, 2012 computer hackers illegally gained access to a Utah Department of Technology Services (DTS) computer server that stores Medicaid and CHIP claims data. The thieves began removing data from the server on March 30, 2012. DTS detected the activity on April 2, 2012 and immediately shut down the server. As its investigation proceeded, DTS discovered data from eligibility inquiries (inquiries sent from health care providers to determine if patients are enrolled in Medicaid) was also stored on the server. This additional data included information from individuals who may not be Medicaid or CHIP clients.

The breach occurred due to an error on the server at the password authentication level, allowing the hacker to circumvent the security system. DTS has processes in place to ensure the state’s data is secured, but this particular server was not configured according to normal procedure.

Q: Can you tell me if my Social Security number was stolen?

A. We have compiled a list of all the Social Security numbers that were compromised. You may call the data breach hotline (1-855-238-3339) to find if your Social Security number was compromised.   This site is very secure and safe to enter your Social Security number.  In addition, a letter will be mailed to each individual whose Social Security number was taken. The letter will also provide information on how to take advantage of free credit-monitoring services for one year and other resources available to protect your credit. Call 1-855-238-3339

One may also visit www.health.utah.gov/databreach for contact information on how to monitor your credit, including how to place a fraud alert or credit freeze on your file.

Q: I called the hotline and confirmed my Social Security number was compromised but I have not received a letter with an activation code for credit monitoring. What should I do?

A: Call our toll free hotline at 1-855-238-3339; you will be prompted to enter #2 to speak to a customer service representative. Once you are on the line with a representative, they will again verify if your Social Security number was breached.   They will collect your name address, name of the breach victim(s), date of birth of the breach victim and phone number and pass it daily to the Utah Department of Health. The health department will issue you a letter with instructions to sign for the year of credit monitoring with an activation code.

Q: I received a letter with an activation code for credit monitoring but I threw the letter away or lost it. How do I get a new code?

A: Call our toll free hotline at 1-855-238-3339.   Be prepared to give your Social Security number in the automated system or by pass to speak to a customer representative, who will verify if your Social Security Number was breached.  Staff will gather critical information (name of the caller and breach victim(s), address, phone number and date of birth of the breach victim) so that the letter with an activation code may be sent.

Q: How do I get in touch with the Data Security Ombudsman?

A: Governor Gary Herbert announced the creation of the Ombudsman’s Office to provide a higher level of assistance to victims of the data breach. The ombudsman and her staff will focus on individual case management, credit and identity theft counseling referral, and community outreach. You can reach the Ombudsman via e-mail at:  ombudsman@utah.gov or by dialing the toll-free hotline 1-855-238-3339, hotline operators will take your name and number and the Ombudsman’s Office will return your call.

 The most recent information and updates on the breach will be available:  www.health.utah.gov/databreach

Specific Learning Disabilities and Resources on the Utah Parent Center Website. 

Profile of LD at School

Student has difficulty reading. Struggles to connect letters to sounds. May also have messy penmanship or a hard time spelling . Confuses math symbols. Mixes up details of a story, or the sequence of events. Cannot get organized. Has unexpected problems learning to read, speak, write, or do math.

Does this sound like someone in your class? If so, keep reading. 

About LD

LD stands for learning disability. The above signs are often connected with learning disabilities, which can cause students to have trouble learning or using certain skills. Learning disability is a general term used to describe these challenges. Specific terms for learning disabilities you may also hear include:

• dyslexia (which affects reading),

• dysgraphia (which affects writing), and

• dyscalculia (which affects math skills).

LD is one of the more common disabilities you’ll encounter in the classroom. Almost 1 million children (ages 6 through 21) have some form of a learning disability and receive special education in school. So it’s likely that you’ve worked with many students who have a specific learning disability.

 Not every child who struggles with reading, writing, or math has a learning disability. However, it may be worthwhile to investigate, particularly if the student unexpectedly exhibits a combination of these symptoms, which in turn can hinder academic growth and affect school behavior. If you suspect that a student has a learning disability, it’s important to know that the school is required to evaluate the student and, if eligible, provide special education services.

Practical Tips

 How do you address the learning needs of your students with LD? We’re pleased to offer 7 practical suggestions that you can use right away in your classroom.

1.  Get informed.
Learn about the different types of LD and how each affects individual learning and behavior. The more you know, the more effectively you can respond. Start with NICHCY’s fact sheet on LD. Dig deeper by visiting the organizations listed in the resources section of the fact sheet—there are several organizations that offer materials especially for teachers.

2.  Be proactive and supportive.
Recognize that you can make a real difference in this student’s school success! Find out what the student’s strengths and interests are and place emphasis on those areas and abilities. Understand that the student’s disability isn’t intentional and that you can do a lot to offset its impact on learning.

3.  Make sure the student has AIM (if needed).
AIM stands for accessible instructional materials. Students with reading difficulties especially need AIM, because then they can make full use of class materials, the textbook, and workbooks. AIM is so important for students with print disabilities, there’s a national center you can contact to find out more, including who to contact in your state. Visit the National AIM Center’s Teachers Page at: http://aim.cast.org/learn/stakeholder_focused/teachers

4.  Make accommodations.
Accommodations are small changes you can make to your instruction, assignments, and other classroom business that will help a student with LD learn and succeed in your class. Accommodations can be made in how instruction is presented, how students are expected to respond, the amount of time given to complete tests or assignments, or the setting itself. Examples of accommodations for students with LD include: breaking down tasks into smaller steps, extending time to finish assignments or tests, enabling the student to use AIM, letting a student borrow notes from another, and allowing the student to write on the computer rather than with pen to paper. Read more at: http://www.ldonline.org/article/8022/.

5.  Get that student organized!
Teach your student the basics of organizational skills, study skills, and learning strategies, all of which help give the student an effective structure for learning. Give the student lots of opportunities to practice these skills, and provide positive feedback. Find out more about “what works” at: http://nichcy.org/schoolage/effective-practices/meta80resource

6.  Help the student succeed on tests.
There are different testing modifications that will allow the student with LD to showcase what he or she has learned. These tend to be the same as, or similar to, the accommodations provided in class (e.g., extra time to finish, allowing verbal responses). Find out the testing modifications that your state recommends and permits for students with LD, and provide them during testing. For more info, contact your State Department of Education or visit: http://www.cehd.umn.edu/nceo/TopicAreas/Accommodations/StatesAccomm.htm

7.  Collaborate with parents (and teachers!).
Work together with the student’s parents to create and implement an educational plan tailored to meet the student’s needs. Parents can also tell you a great deal about the student’s interests, difficulties, and skill areas. Regularly share information about how the student is doing at home and at school.

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