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Volume 5, Number 2, April 2008 |
| People with Disabilities Qualify for Economic Stimulus Payments The Internal Revenue Service (IRS) is sending "economic stimulus payments" to eligible individuals beginning in late March. What you might not know is that individuals who do not pay taxes can still qualify for the payments, which range from $300 to $600. To receive payments, an individual must have a valid social security number, qualifying income of at least $3,000, and must file a 2007 tax return. "Qualifying income" includes not only earned income, but also government benefits such as Social Security retirement, survivor and disability benefits. It does not, however, include Supplemental Security Income (SSI). Although individuals whose income consists primarily of Social Security benefits generally do not file a tax return, they will have to do so this year to qualify for the economic stimulus payment. In late March, the IRS sent a special mailing to recipients of Social Security benefits not subject to taxation to provide information about the payments and the need to file a tax return. The IRS website (www.irs.gov) is also an excellent source of information about the economic stimulus program. The website includes information specifically for recipients of Social Security benefits that includes a link to a package that includes all that is needed to complete the tax form. The link for that information is http://www.irs.gov/newsroom/article/0,,id=179201,00.html New Jersey Adopts Sweeping Changes to Special Education Funding New Jersey’s new state aid formula for education, The School Funding Reform Act of 2008 (A400/S5000), contains the most significant changes to special education funding in history, and creates incentives for some districts to reduce special education costs. The Act promised over $500 million more in aid this year – but it will be up to the Legislature to appropriate those funds. Districts should see increases ranging between 2% and 20%. But changes to the way funding is distributed are expected to result in shifts in some district’s special education funding in following years. Beginning in July, the amount of state special education aid will be based on a statewide average excess cost across all special education categories. Regardless of the nature of a student’s disability, districts will receive $10,898 per student. And instead of being distributed on a per student basis, aid will be distributed based on the statewide average rate of classification, currently 14.69% of all students in a district. For some districts, this will mean an increase in aid; for others, a decrease. The Act also calls for 2/3 of state special education aid to be adjusted for local wealth, School boards in more affluent communities will need to rely on taxpayers for a larger portion of special education costs. The Act also establishes a new way of reimbursing districts for extraordinary costs depending on the student’s placement. Time will tell how individual districts respond to the changes, but there is already evidence that some districts are prepared to make placement changes to offset expected reductions. “Policy-based” placement changes are a violation of IDEA, which requires decisions to be made about each student based on individual need. Parents should be alert to summary placement or service changes instituted by districts without appropriate planning and evaluation. Pennsylvania Workshop Series Scheduled Hinkle, Fingles & Prior is sponsoring another important series of workshops for parents of children and adults with disabilities in the Greater Philadelphia area on topics related to future planning, special education, health care and adult services. All workshops will be followed by a question and answer forum. These workshops are offered at no charge to parents. Registration is requested but not required. For more information and directions, please call 215-860-2100, ask for Bernadette. Guardianship & Estate Planning: Mapping a Secure Future Special Education: Securing Appropriate Services Through Effective IEPs Health Care Advocacy: Maximizing Services for Your Child with Disabilities Securing Housing and Day Services for Adults with Developmental Disabilities For information on these and other workshops and speaking events, please call our offices in Plymouth Meeting, PA at 215-860-2100, or in Lawrenceville, NJ at 609-896-4200. For a full list of events, check the schedule on our website. Dozens of topics are available.
There is no charge for speaking services. Contact the law offices now to schedule an event for your group or organization. How Proper Planning Can Help Your Grandchild with a Disability Involved grandparents make a difference. By learning more about your grandchild’s disability and supporting your adult children as they provide for your grandchild's individual needs, you can make a difference in the life of the whole family. Many well-intentioned grandparents don't realize that gifts to grandchildren with disabilities made to savings or in wills can have tragic consequences related to public entitlements and services. Hinkle, Fingles & Prior has published a new informational brochure for grandparents describing how to avoid common pitfalls when planning for the future of a grandchild. Learn more about how best to support your grandchild as you make gifts or plan inheritances for grandchildren through the use of special needs trusts, life insurance, charitable giving, and more. Call the law office today at 609-896-4200, or 215-860-2100 for a copy of the brochure, or find it online by clicking here. Other Articles Available on our Website Hinkle, Fingles & Prior posts articles that can be reprinted in your organization's newsletter or website. Click here for a list of available texts. |
Advocacy Tips: Under federal law, the term "transition services" means a coordinated set of activities for a student that promotes movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. Transition must be based on the student’s individual needs, taking into account his/her strengths, preferences, and interests. Those needs can be related to instruction, the provision of related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. By the time a student is 14, the IEP must reflect the student’s post-school goals. Beginning at age 14 (or younger), the IEP must include a statement of "transition service needs." This describes the course of study that will lead to graduation. It also allows the IEP team to consider other educational experiences in the school or in the community that can help the student achieve his/her desired post-school goals or outcomes (college, employment, military, technical training, independent living). This statement must be based on the student’s needs, preferences and goals and be reviewed every year as part of the IEP process. Beginning in the school year in which the student turns 16, the IEP must include a "statement of needed transition services." This describes the coordinated set of activities and strategies that will lead to the desired post-school outcomes and identifies those responsible for providing them. The statement of needed transition services is much broader than the statement of transition service needs (required earlier at age 14), but both are necessary components of transition planning required by law. Taken together, these two steps help ensure that a student is able to achieve long-term goals and is effectively linked to supports, services and programs needed for adult life. Students with disabilities must be afforded the opportunity to participate in transition planning. Students age 14 and older must be invited to participate in transition planning. If the student does not attend the meeting when transition is being discussed, the district must take other steps to ensure that his/her preferences and interests are considered. How Long Should Transition Services Last? When should a student with disabilities graduate? IDEA-eligible students are entitled to receive special education services through age 21. Although many students with disabilities will complete their diploma requirements before that time and graduate with age peers, some will continue to need services, including transition services. In New Jersey, once a student accepts a diploma the district is no longer required to continue services under IDEA. If the student needs services beyond the traditional “senior year,” it may be unwise to accept a diploma. For more on transition planning see Planning the Transition from School to Adult Life, available online. |
