Did you know that you may eligible to file the Dependent with a Disability Exemption as part of your 2012 taxes?   There are three categories that qualify for this additional exemption. 

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.

The January 4, 2013 edition of the Utah Parent Center’s e-Connections Newsletter is now available.  Topics in this newsletter include: 

• 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

The Utah Parent Center is pleased to highlight the Disability Law Center.  The Disability Law Center is Utah’s Protection and Advocacy Agency for people with disabilities across the state.  Since 1979, the Disability Law Center (DLC) has helped thousands of Utahns with disabilities and their families. The DLC has broad statutory powers to safeguard the human and civil rights of persons with disabilities. We provide self-advocacy assistance, legal services, disability rights education, and public policy advocacy on behalf of the more than 400,000 Utah residents with disabilities. Our services are available statewide and without regard for ability to pay.

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