Melody Notes
Vol.1, No. 2
January 2002
Contents
* Melody's Birthday
* MAC News
IDEA Reauthorization
* Case Study - Jhazz
* I Will Talk to You as Their Collective Voice
Melody's Birthday
January 7, 2002
Today is Melodys birthday. She would be 34 years old.
This Center is intended to bring together the conceptual threads that
wove the tapestry of her life. At her core she was happy and
fun-loving, few able to keep up with her on any given day. Our
journey together was unconventional. I wasnt willing to
follow the neurologists suggestion-Take her home and love
her. There is nothing else you can do. Later on youll
want to think about institutionalization. I was a single
parent and there were so many problems. We were without money
and resources. All we had was the power of our will, our minds,
and each other. She was determined to live, and I was determined
to help her. Years of reading, studying, trying therapies and
programs old and new. But Melody would not let you forget that
she was a person, a soul, who was at the center of the work, worry
and sleepless nights. Maturing together, we were each others
teachers. The search for information was relentless. Ray
entered our lives as husband and father. By trial and error,
we learned to use science and the law to solder pieces together that
had never been connected before. Melody used those pieces, driving
independently into adulthood with pizzazz, a toss of her hair, competence,
and absolute confidence that she would succeed. She did until
the day she died.
It would be so easy to stop now and say-Its enough.
People tell us, She is gone and its OK to rest.
No. I dont think so. There are many reasons we will
do whatever is needed to build and sustain this Center. Being
Melodys mother is reason enough.
Marilyn Arons, President & CEO
HULABALLOO HOLIDAY CONCERT
MAC thanks Linsy Farris, M.D., bass, Charles Culbreath, D.D.S., saxophone,
and Jonathan Arons, trombone, for joining Ray and Marilyn Arons in
a holiday concert on December 29, 2001. Two fundraising concerts will
be held during April and May 2002.
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MAC News
IDEA Reauthorization
On December 6, 2001, MAC members testified in Washington, D.C. concerning
issues relating to the reauthorization of the Individuals With Disabilities
Education Act. Members from New Jersey, Pennsylvania and Delaware
presented information and experiences about the need to recognize
the need for nonlawyer practice in special education hearings.
They were supported by HALT, An Organization of Americans for Legal
Reform, who also presented a position paper and testimony. This
public hearing was before a panel consisting of representatives from
the Office of Special Education Programs (OSEP) and Robert Pasternack,
a member of the Commission on Excellence in Special Education, appointed
on October 2, 2001 by President Bush. Approximately 200 people
attended.
A copy of the position paper submitted by Marilyn Arons, President
& CEO, is available for $2.00.
Sand Antonio, Texas Input
On December 19, 2001, MAC presented written input to the final IDEA
reauthorization hearing in San Antonio, Texas. A case study
was offered on obtaining early intervention services in New Jersey,
an example of the profound systemic flaws within the current status
of service delivery and intervention to disabled infants, toddlers
and their families. Ravinder N. Bhalla, M.D., Trustee and Board
Certified child psychiatrist, shared his personal experiences in working
with children and families involved with early intervention.
The case study and Dr. Bhallas statement follows in this newsletter.
Hulabaloo
MAC held its first holiday party on December 29, 2001 at the home
of Ray and Marilyn Arons. A chamber music setting provided the
environment for an evening of holiday music. Musicians included
Ray, Marilyn and Jonathan Arons, Linsy Farris, M.D., and Charles Charlie
Culbreath, D.D.S. MAC is particularly grateful to Dr. Culbreath
who flew in from North Carolina to perform in this concert.
Pictures appearing on the cover of this newsletter were provided by
Neil Lombardi, M.D.
MAC at PLI Institute
On January 8, 2002, the Practicing Law Institute featured the work
of Marilyn Arons at its Conference Center in New York City.
Over 200 judges, lawyers, advocates and educators attended.
The evolution of nonlawyer practice was presented, as well as its
implications for the future of children with special needs. Emphasis
was placed on Child Find and children ages 0-5. Copies of those
materials can be obtained for $4 from the MAC.
Fund Raiser Concerts
MAC plans a series of fund-raising concerts during April, May and
June 2002. The money raised from those concerts will go into
the building fund, so that the Center is able to offer increased services
to more families.
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Case Study
Marilyn Arons
This case study was presented to OSEP (Office of Special Education
Programs) on December 19, 2001 regarding Part C issues to be considered
in the IDEA reauthorization.
And All That Jhazz
Marilyn, my friend has a little baby that needs help.
Im afraid for them. Will you see her? It was
early August. My colleague and I had just finished some coursework
together, so that she knew of what we have come to call Melodys
Mission. (Any time-anywhere. If we can help, well
be there.) Ive been staying at her house with the
baby some days so that she can get some sleep. Theyve
cut off her home nursing services and shes desperate.
What can we do? We decided to meet each other at the mothers
home the next day.
His name was Jhazz- an eight month old baby weighing eight pounds.
Breathing tubes, a heart monitor, scars across his tiny body, a mini-hospital
in the living room. He had smooth sienna skin, a perfect miniature
head, and bright black eyes. Thick, dark curly hair framed his
face. He was sucking some breast milk from a bottle before going
to the doctor for a check-up. Hes my angel baby,
a gift from God. Hes going to be O.K, his mother
said. Thank you for coming. She was in her
early twenties, intelligent, pretty, and exhausted. The house
was immaculate. For the last ten days she had been up 22 hours
a day in order to care for Jhazz. The father was a salesman
whose job took him away from home for long periods.
Insurance would no longer pay for the private duty nursing care that
Jhazz required. No one could explain why the insurer said that
he was no longer at medical risk. I took a history and asked
if the mother had been given any information about early intervention.
What is early intervention? No one had told her
how to enter the 0-2 Part C system of IDEA or what is was. They
sent him home to die. They sent him home to die! How could
they not tell me about this?
Jhazz was born in Illinois at 26 weeks gestation. His parents
were there from New Jersey to visit friends for Thanksgiving.
He weighed 1.5 pounds. At four days old, his left lung collapsed
and a chest tube was put in. By seven days old his kidneys began
to shut down, and he got a staph infection. He was on dialysis
for the next month. His mother did not hold him until he was
two months old, her breast milk pumped to feed him.
During his third week on dialysis, he required immediate heart surgery.
He was resuscitated four times over several days. Because of
the heart problems, he developed abnormal blood vessels in his eyes.
Surgery for that was successful. Next came a hernia repair.
He was on a respirator for the next four months. Finally stable,
he was flown home to New Jersey and taken directly to St. Josephs
hospital. He was there for two months and then discharged.
His parents were given no information about any kind of publicly funded
services or support.
The parents believed that their only funding source was Aetna insurance
carried by the father. Upon release from the hospital, Aetna
paid for five days a week of home private duty nursing for Jhazz at
$45 per hour. At the end of 30 days, Aetna terminated the nursing
care. No amount of outrage from the doctor, the parents or the
home nursing agency could change this decision. The mother was
afraid that she would fall asleep, now that she was on call 24 hours
a day, performing all of the nursing shifts alone. There was
no extended family or back-up system except the young woman who had
called me. This mother believed that her son would die if she
fell asleep and that her only hope was to stay awake as long as she
could in case a light or a buzzer went off.
Funding for Services
I made 18 telephone calls for Jhazz in the next 36 hours. These
included conversations with the Division of Developmental Disabilities,
the Department of Health and Senior Services, the Bergen County Health
Department, the New Jersey Department of Education, the Bergen County
Office of Education, two private-duty nursing agencies and four case
workers from Aetna. Jhazz had fallen through the cracks of every
agency that was to be his safety net. It appeared that his mother
was right. He had been sent home to die, so no one took the
time or trouble to forward his case to the appropriate public agency.
Everyone I called attempted to pass the buck. Call here.
Call there. This is not the proper procedure. There is
no such thing as an emergency. There is a waiting list of children
to be evaluated so hell have to wait. Aetna was the most
interesting. I spoke with a person in the billing department
first. She explained the encounters, the charges
submitted and the payments made. These did not match the information
and documentation provided to me by the mother. Jhazzs
file, Aetna said, showed nothing to support the requirement for skilled
nursing care. I was told to consult their website to better
understand the criteria for private duty nursing. I asked how
this would be handled if the parent did not have a computer or could
not read. That was thought to be highly unlikely. Incredibly,
Aetna had a Part C social worker with whom I spoke at length.
Though the parents had told others in the company about their desperation,
this social worker had never heard of Jhazz. His job was to
refer parents to their Part C provider.
Using New Jersey as an analog, the amount of agencies involved in
early intervention is staggering. It is treated like a secret
agency, with secret services, and no one puts the pieces together
for families. In Jhazzs case, the following agencies or
organizations were contacted:
Medicaid
N.J. Kid Care
Catastrophic Child Fund
Early Intervention
Division of Developmental Disabilities
Department of Health and Senior Services
Bergen County Office of Education
Bergen County Early Intervention Coordinator
Summary
The current interagency collaboration in early intervention is an
abysmal failure. The interagency coordinating councils have
neither solved the profound funding issues nor resolved the turf battles
that continue to prevent an adequate funding stream. Parents
have no understanding of the system because the system does not understand
itself. Parents of disabled infants and toddlers have no effective
entry point into the child find provisions of Part C. Both parents
and professionals are caught in a growing bureaucratic maze that prevents
the delivery of essential services to children and families.
This is especially true for those in urban areas, as well as for those
from other countries, cultures and languages.
The intensity of services needed for a significant portion of the
infant and toddler population does not currently exist. At this
most critical stage of human development when there is, quite literally,
the biggest bang for the buck, intensive services are considered to
be twice a week at most. Five day a week programs with an integrated
delivery system of related services does not exist though it is desperately
needed.
Part C is the epitome of a transdiscplinary model of service delivery.
It simultaneously combines medicine with education and family training.
All are needed in equal parts as demonstrated by the emerging knowledge
about human genetics and the disappearance of the boundaries between
nature and nurture. Greater funding is needed as well as more
efficiency. Focus must be placed with greater urgency upon the
intensity and coordination of services needed by the Part C population,
and less upon the bureaucratic layers that prevent access to these
services. Reform must occur that involves physicians and the
entire medical community. They need to know about and refer
children and families in need of services as soon as a potential disability
is suspected.
Return to the former HEW model of the Health, Education and Welfare
is needed. That provided the bedrock of P.L. 94-142 in 1975,
and is strongly recommended again for the upcoming IDEA reauthorization,
particularly Part C. A genuine blend of HEW funding and multidisciplinary
expertise is now missing in the nations early intervention system.
It is not user friendly, and presents an abyss between
medicine, education and family welfare to the detriment of the very
children Part C was intended to serve.
Attached please find the input from one of our Trustees, Ravinder
N. Bhalla, M.D. Dr. Bhalla is a board certified child psychiatrist
with extensive experience and expertise in working with children and
families, particularly in urban areas. We hope that you find
his thoughts and experiences to be of insight and value as you consider
the reauthorization of IDEA. This must include a drastic reform
of its Part C provisions in both funding, structure, and parent involvement
and training.
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I Will Talk to You as Their Collective Voice
Ravinder N. Bhalla, M.D.
I wish Happy Holidays to all of you honorable people. I work
as a Child and Adolescent Psychiatrist for the last ten years in the
service of disabled children. I am also the parent of a disabled
child. I feel adequately qualified to be the representative
of those parents and children. I would like to talk to you today as
their collective voice. We, the disabled children of New Jersey
and this nation, want to tell you a few facts about us at the outset.
Perhaps the answers to the individual questions posed to the public
by this panel will be answered in the process.
We are all your children. We are all children on a continuum
of different internal and external hardships, striving to do better
in life. We look up to you, the adults, and we look to each
other for support, guidance, and interventions. Our parents
feel more responsibility for us than all of you collectively.
They do so much with courage and are alone many times under great
adversities imposed by our disabilities. In your present generation
you may be blessed with children with fewer challenges, while other
families face greater challenges in their present generation.
If you look at your family tree for a few generations, you will realize
that we are placed and distributed among all of you. We bring
challenges of a different magnitude to you. Without these challenges,
life would be meaningless for all of us. Without us, humanity
will cease to exist because we are your future after you are gone.
We thank you for your efforts and appreciate any help we may get.
But you are not meeting our needs. We recommend most humbly
the following:
- Think of us as yours even if we are not born to you.
- Respect and learn our challenges as much as you can to help
us succeed.
- Tell everyone about us and our challenges. Our challenges
are the greatest ones to humanity and with the greatest rewards.
- Know that our challenges are enormous. They need to be
dealt with with greater effort and seriousness.
- Our challenges are those that restrict us the most. Your
caring, innovations, and specific educational interventions are
the ones that will give us more freedom.
As a child psychiatrist I know that most parents do not know about
Early Intervention Services. If they do, their experience is
not very positive most of the time. In New Jersey every child
receives up to two hours a week of services, irrespective of their
disability. The general public, educators, pediatricians, psychiatrists,
politicians, everyone needs to know a lot more about various disabilities
and available services.
Each school district in America needs to have the most qualified individuals
in the various areas of educational disabilities on their staff.
Diagnosis and educational planning have to be more specific and individualized.
For example, in the way that a cardiologist is better able to deal
with heart problems than a general practitioner or urologist, teachers
of autistic children must have expertise in the field of autism. Educators
also need on-going supervision and hands-on experiences, support and
continuing education. Each district needs experts in various
fields of disability and strong affiliations with institutes, universities
and hospitals dealing with these disabilities. Bureaucratic concerns
that cause hurdles in getting this expertise must be dealt with gently
but sternly.
More incentives need to be given to do research in special education.
More universities need encouragement to offer advanced courses, and
students need incentives to take them. Both would result in
graduates with greater expertise in specific areas of education.
School systems need to be user-friendly, proactive, innovative and
accountable. Their actions and programs must be based on good
practices that are based upon available science and outcome-based
measurement. There must be curiosity to do new research that
is consumer (student and family) oriented and sensitive. Legal
remedies now available to parents are extremely stressful, expensive
and slow. They are ineffective even when some families can afford
them. As I see it, the current system of public education is
akin to the field of medicine forty years ago. Educational techniques
that are used do not address the individual, cultural and ethnic diversity
of students, even if they are in mainstream education.
There has been little progress in implementing the IDEA since the
last reauthorization. I point out that the cause of special
education and general education is no less a war than our country
is now waging against terrorism. In the special education war,
victory can be guaranteed because we know who the enemies are.
The problems are obvious. I believe that IDEA will have made
major achievements when every high school student has some knowledge
of early childhood development and the role of early intervention
services; when students in middle schools understand that their peers
learn in different ways; when disabled students will be accepted as
respected members of school by students without disabilities.
Without more serious effort and adequate concern of government, educational
funds will continue to be wasted in halfhearted efforts. I pray
that we find enough love and resolve in our hearts to take up this
challenge whole-heartedly.
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