Autism Spectrum Disorder (ASD)
Eligibility, Programs, and the
Family Support Subsidy
Lucy Hough-Waite
Kent ISD
Brief History of Autism Rules – 1
1978- A Michigan task force
worked on autism definition. No
action was taken, largely because
the Headlee Amendment
had recently taken effect.
1981 – Part of settlement of
Michigan Society for Autistic
Citizen’s lawsuit against MDE
was development of autism
definition.
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Brief History of Autism Rules – 2
August 12, 1983 – Autism Rules took effect
including definition, program rules, and
teacher certification requirements. Language
related to 1758(b) autism programs was
included to address programming challenges
in rural areas and districts where incidence
of autism was low.
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Brief History of Autism Rules – 3
1983- A small task force drafted
recommendations for standards for
1758(b) autism programs.
October 20, 1983 – Ed Birch, Director of
Special Education for MDE, issued memo
to ISDs regarding ISD Plan Standards for
operating 1758(b) programs.
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Requirements for
1758(b) ASD Programs
Districts are required to implement the (b)
alternative to meet the unique educational needs
of students with autism . . . in consultation with
the State Department of Education. The
following program components for 1758(b)
autism spectrum disorder programs have to be
assured in ISD Plans.
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Four ISD Plan Assurances for
1758(b) ASD Programs
1.
Inservice education will be provided to the
special education teacher responsible for the
education of students with autism (related to
autism, behavior, curriculum development,
home/school interactions and family and
community supports).
2. A consultant knowledgeable about autism will
be available to the teacher and support staff.
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Four ISD Plan Assurances for
1758(b) ASD Programs
3. Related service providers serving students with
autism will have inservice education related to
the services they provide.
4. The IEP Team will describe its consideration of
the student’s ability to function in the chosen
program in relationship to class size and
student-to-staff ratio.
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Programming Options
for Students with ASD
1.
Rule 340.1758(a) – Autism Spectrum Disorder (ASD)
Classrooms (with autism teacher, 5 students, 1
teacher, 1 paraeducator)
2. Rule 340.1758(b) – Autism Spectrum Disorder (ASD)
Program (Consists of any other special education
program that includes the four assurances)
3. Any Other Combination of Special Education
Programs and Services – but not including
requirements of 1758(b)
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Brief History of
Family Support Subsidy – 1
December 15, 1983- Family Support Subsidy
(FSS) Program was made part of the Mental
Health Code by the Michigan legislature.
July 1984 – Deadline for promulgating rules
for the purpose of accepting FSS applications
from families.
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Brief History of
Family Support Subsidy – 2
Purpose of FSS – “To keep families together
and to reduce the capacity in state facilities
by defraying some of the special costs of
caring for eligible minors from out-of-home
placements to their family homes, and
preventing or delaying the out-of-home
placement of eligible minors who reside in
their family homes.”
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Eligibility for
Family Support Subsidy
Child is under 18, and has severe level of
cognitive impairment, severe multiple
impairment, or autism.
Child with autism must be served in an
autism [ASD] program (a) or (b).
Child must be living at home (not in a
publicly supported residential setting).
Taxable income of family may not exceed
$60,000 per year.
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IMPORTANT
The IEP Team decision to place a
student in an (a) or (b) ASD program
should be made based on the student’s
unique needs, and independent from
any Family Support Subsidy
considerations.
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Implications
1. Since 1758 (b) programs for students with
autism are part of a continuum of
services, ISDs should include the four
Assurances for 1758(b) Autism Programs
in ISD Special Education Plan language.
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Implications
2. Students with autism should be assigned
to programs based on their needs. If a
student needs highly specialized, unique
programming then he/she should be
assigned to a 1758 (a) or (b) program.
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Implications
3. Not all students with autism need autism
programming – (a) OR (b) – and to place
them in such programming may violate
the principle of least restrictive
environment (LRE).
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Implications
4. ISDs need to work collaboratively with the
Community Mental Health offices in their area
to communicate these messages to families:
a. The FSS is intended for families with children
who are at risk of out-of-home placements.
b. Not all students with ASD will qualify for FSS.
c.
The IEP Team must make eligibility and program
decisions for students, independent of the
family’s potential eligibility for the FSS.
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How to Record 1758(b) ASD
Programs on IEP Team Reports
If IEP Team determines the student needs a
(b)
ASD program, first determine what cross-categorical
program will be transformed into a (b) program
(Example: Moderate CI classroom)
In this example, record Moderate CI classroom on
IEP, but also make this notation in the comments
section:
“The recommended program will meet the requirements
of a 1758 (b) autism spectrum disorder program.”
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How to Record 1758(b) ASD
Programs on IEP Team Reports
The IEP must also make some notation about the student’s
ability to function in the recommended program related to class
size and staff-to-student ratio. Some examples of IEP language:
“(Student) is able to function with the required class size and
staff-to-student ratio of the Moderate CI classroom.” OR
“This classroom will be assigned an additional paraeducator
to provide extra staff support to (student).” OR
“This classroom will be limited to no more than 10 students,
which is a manageable class size for (student).”
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How to Record 1758(b) ASD
Programs on IEP Team Reports
If a student is assigned to a 1758 (b) ASD
program, all of the assurances stated earlier
must be implemented by the school district.
However, the IEP Team has the authority to
decide whether or not to record other
assurances of the (b) autism programs (such as
staff training or nature of autism consultation)
on the IEP Team report.
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Questions and Answers
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