CDCAN DISABILITY RIGHTS NEWS REPORT
CDCAN LOGOCalifornia Disability Community Action Network
Advocacy Without Borders: One Community
News Impacting People With Disabilities, Mental Health Needs, Seniors & others, including Asian Pacific Islanders, Latinos, African Americans communities across California and beyond - Reports go out to over 45,000 people with disabilities, seniors, mental health needs & others,  organizations, policy makers across California
REPLY TO: MARTY OMOTO 
 martyomoto@rcip.com   website:   www.cdcan.us
 REPORT #095-2008  -  MAY 9, 2008 - FRIDAY
 
Autism Legislation
* SB 1563 By Perata Passes Senate 33 to 1
* Deals With Health Insurance Coverage
* One of 8 Bills Urged By Autism Commission
* Impacts People With Autism Spectrum Disorder
* Update on Autism Spectrum Disorder Bills
 
Photo of Senate President Pro Tem Don PerataSACRAMENTO (CDCAN) -  SB 1563, by Senate President Pro Tem Don Perata (Democrat - Oakland, 9th District) [pictured left] that would require two state agencies to convene a workgroup of stakeholders to make sure that health insurance companies are providing coverage that is appropriate and fair to persons with autism spectrum disorder, easily passed the 40 member State Senate yesterday (May 8) by a vote of 33 to 1. 
 
Support for the bill came from all of the Senate Democrats and nearly all of the Senate Republicans (except for those not voting), including Senate Republican Leader Dave Cogdill (Republican - Fresno, 14th District) and 10 other Republicans of the 15 Senate Republicans.  Sen. Tom McClintock (Republican - Thousand Oaks) was the only member to oppose the bill. 
 
SB 1563 would require the Department of Managed Health Care, working with the Department of Insurance, to bring together key stakeholders and make sure current State laws requiring health insurers to provide medically necessary treatment for autism are being followed. 
 
“Families are told their kids should get their treatment from regional centers, supported by taxpayers. That’s a cost shift we can’t afford,” Sen. Perata said, adding that SB 1563 "...is an important step in making sure that medical treatment – as required by law – is accessible and available to adults and kids with autism.”
 
CDCAN VOTE RECORD REPORT - SB 1563
ACTION 05/08/08: Passed Senate by vote of 33 to 1.  To Assembly. 
AYE VOTES - TOTAL: 33
* Democrats (22): Alquist, Ron Calderon, Cedillo, Corbett, Correa, Ducheny, Kehoe, Kuehl, Lowenthal, Machado, Migden, Negrete McLeod, Oropeza, Padilla, Perata (Senate President Pro Tem), Romero, Scott, Simitian, Steinberg, Torlakson, Wiggns and Yee
* Republicans (11): Aanestad, Ackerman, Ashburn, Cogdill (Senate Republican Leader), Cox, Denham, Dutton, Harman, Hollingsworth, Margett, and Wyland
NO VOTES - TOTAL: 1
* Democrats (0): -none-
* Republicans (1): McClintock
ABSENT, NOT VOTING OR ABSTAINING - TOTAL: 6
* Democrats (3): Florez, Ridley-Thomas and Vincent
* Republicans (3): Battin, Maldonado and Runner
 
Autism "Epidemic" Growing Say State Officials and Advocates
Advocates and state officials and other experts agree that the numbers of children and adults diagnosed with Autism spectrum disorder has reached "epidemic" proportions in California and across the nation.  In California, it is estimated that there are 187,000 Californians with autism spectrum disorder. The 21 non-profit regional centers contracted by the Department of Developmental Services to fund and coordinate community-based services to over 230,000 children and adults with developmental disabilities,  serve within that number, over 37,000 children and adults with autism, adding  and estimated 11 new cases every day.
 
Autism spectrum disorders (ASD), commonly referred to as autism, are brain based developmental disabilities characterized by language and communication problems, impaired social interaction and repetitive rigid behaviors and interests.  Once considered rare in California and nationwide, autism is the fastest growing serious developmental disability and is more prevalent than juvenile diabetes, childhood cancer and pediatric AIDS combined
 
State and national policymakers and advocates say that autism now affects 1 in every 150 children in the United States; every 20 minutes another child is diagnosed.  Autism is four times more common in boys than girls and occurs in children of all racial, ethnic and socioeconomic backgrounds. 
The federal Centers for Disease Control and Prevention have called autism a national public health crisis. 
 
Autism Crisis Huge Impact On Minority Communities
Every population segment of California is impacted by the growing numbers of children and adults diagnosed with autism spectrum disorder, including rising numbers in Asian Pacific Islander, Latino and African American communities. 
 
Albert Wang of Fremont, a parent of a child with autism and member of the Legislative Blue Ribbon Commission on Autism, which recommended this and 8 other bills in a package of bills to address the growing autism crisis, previously testified in strong support for the bill before the Senate Health Committee in April, and said the need for this bill was urgent for tens of thousands of families across California. 
 
Wang also urged support of the bill in a Asian Pacific Islander disability, mental health and senior advocacy session organized by CDCAN (California Disability Community Action Network) at the recent 4th Annual Asian Pacific Islander Policy Summit held in Sacramento and sponsored by the California Asian Pacific Islander Legislative Caucus. 
 
Autism Commission Report Found Health Services Limited
The Legislative Blue Ribbon Commission on Autism was created by the California Legislature in 2005 without a single dissenting vote by legislation, SCR 51, authored by Sen. Perata (SCR 55 also by Perata, approved in September 2007, extended the life of the Commission up to November 30, 2008).  The Commission is composed of sixteen representing parents of children with autism, the public and private sector, educators, physicians, and public health officials.
 
After conducting extensive public hearings and town-hall meetings throughout California, the Commission submitted its findings and recommendations to the Governor and Legislature in September 2007, with a report titled "An Opportunity to Achieve Real Change for Californians with Autism Spectrum Disorders"  You can read or download the 101 page report at the CDCAN website at www.cdcan.us (also the executive summary of that report)
 
That report found that coverage of health care, behavioral, and psychotherapeutic services for Autism Spectrum Disorder is limited, inconsistent, or excluded altogether, by private health plans and insurers. 
 
The  report also found that:
* When health plans and insurers contract for behavioral services, there is often fragmentation, denial of services - or both - leaving  families with no services or long delays in services that nearly all experts agree have enormous consequences on a child with autism. 
* Health plans and insurers do not consistently provide access to professionals with adequate  training and expertise in Autism Spectrum Disorder
* Roles and responsibilities of health plans and insurers for Autism Spectrum Disorder services are not well defined. 
* Denials of services for people with Autism Spectrum Disorder by health plans were often inconsistent with current scientific evidence as well as with the standards and approaches applied to other illnesses and medical conditions.
 
SB 1563 One of 8 Bills That Resulted From Autism Commission Report
The bill, one of a package of 8 bills dealing with autism resulting from recommendations made by the Legislative Blue Ribbon Commission on Autism, heads to the Assembly for hearings.  The package of 8 bills are (see below for complete details and latest status on these and other bills related to autism spectrum disorders):
 
* AB 1872 (Coto) to establish a state clearinghouse for the education of students with autism.
* AB 2302 (Bass) to expand the credentials that would qualify teachers to educate students with autism.
* SB 527 (Steinberg) to improve the early identification and intervention for young children with autism spectrum disorder
* SB 1175 (Steinberg) to expand the housing and independent living opportunities for adults with autism
* SB 1364 (Cedillo) to improve community awareness and outreach efforts on ASD by the California Department of Public Health
* SB 1475 (Torlakson) to improve the coordination of autism spectrum disorder services and programs between regional centers and school districts for children from birth to five years of age
* SB 1531 (Correa) to improve the training and knowledge of autism spectrum disorder among law enforcement officers
* SB 1563 (Perata) to provide appropriate and equitable coverage for autism spectrum disorder by private health plans and insurers
 
“The increase in children diagnosed with autism spectrum disorders affects families, schools and communities all over California,” Sen. Darrell Steinberg (Democrat - Sacramento, 6th District), who chairs the Legislative Blue Ribbon Commission on Autism, said at the time the package of bills were announced on April 2,  adding that "...this Legislature is responding strongly to the challenges this disorder poses to the state.”
 
CDCAN SUMMARY OF BILLS DIRECTLY IMPACTING PEOPLE WITH AUTISM SPECTRUM DISORDER
Listed below are bills that have some direct impact on children and adults with autism spectrum disorder specifically.  Included are all 8 bills that resulted from the Autism Commission report of September 2007, but also several other bills that also have impact or are viewed by many autism advocacy groups as critical. Actions on these bills are current as of May 8, 2008.  Copies of all bills can be found on the CDCAN website at www.cdcan.us
 
AB 1768 - SPECIAL EDUCATION: DUE PROCESS HEARINGS ("STAY PUT")
AUTHOR: Assemblymember Noreen Evans (Democrat - Santa Rosa, 7th District)
CDCAN SUMMARY:
Would require a local education agency to continue providing early intervention services to a three year old child with special need (as specified in his or her Individualized Family Service Plan (IFSP) applying to receive preschool services, pending the resolution of a special education due process hearing (referred to as "stay put"). 
LATEST ACTION 04/30/08: Heard in Assembly Appropriations Committee. To "Suspense File".
NEXT STEPS: Assembly Appropriations Committee during the week of May 19th (no later than the deadline of May 23), will hold a hearing reporting on which bills will be taken off the "suspense file" sent to the Assembly Floor for a final vote and which bills will be held in committee (which means the bill is essentially "dead"). 
CDCAN COMMENT:
* Passed out of Assembly Human Services Committee on 04/15/08 by vote of 6 to 0 and passed out with amendments out of Assembly Education Committee on 04/02/08 by vote of 10 to 0. 
* "Suspense file" is a holding place for all bills that have some level of impact on State funding (in the Senate the threshold is if a bill would likely cost $50,000 or more). 
* While not part of the package of bills recommended by the Autism Commission, this bill - along with AB 2717, deals with special education due process hearing rights that many families with children with autism view as critical and important. The issues raised in AB 1768 referred to as "stay put" were raised in several of the Autism Commission hearings, most recently in September 2007

AB 1780 - MENTAL HEALTH MANAGED CARE CONTRACTS
AUTHOR: Assemblymember Cathleen Galgiani (Democrat - Tracy, 17th District)
CDCAN SUMMARY:
Would codified (put into State law), the practices and procedures of the Early and Periodic Screening, Diagnosis  and Treatment Program (EPSDT) Program required by SB 77 (Chapter 107, Statutes of 2007) and AB 203 (Chapter 188, Statutes of 2007) to ensure the appropriate administrative structure for the delivery of specialty mental health services, reimbursement, auditing, and fair hearings.
LATEST ACTION 05/07/08: Passed out of Assembly Appropriations Committee ("Do Pass") by vote of 17 to 0.
NEXT STEPS: Assembly Floor for final vote, and if approved, to Senate for further action.
CDCAN COMMENT: While not focused on persons with autism, the EPSDT program is critical to many children with autism spectrum disorder.  This is not part of the package of bills that came as a result of the Autism Commission findings.
 
AB 1825 - REGIONAL CENTERS: DISPUTES WITH OTHER AGENCIES
AUTHOR: Assemblymember Jim Beall (Democrat - San Jose, 24th District)
CDCAN SUMMARY:
Would establish procedures for the resolution of disputes between a regional center and any publicly funded agency over provisions of, or payment for, services that are contained in an individualized family service plan or individual program plan for any child under 6 years of age with developmental disabilities.
LATEST ACTION 05/01/08: Referred to Senate Human Services Committee
NEXT STEP: No hearing date set yet. Must be heard in Senate Human Services Committee on or before June 27, 2008. 
CDCAN COMMENT: Not part of the package of 8 bills recommended by the Autism Commission, but is supported by a coalition of autism related advocacy groups.  One group - FEAT (Families for Early Autism Treatment) in Sacramento raised some concerns about this bill at the Assembly Human Services Committee. 
 
AB 1872 - SPECIAL EDUCATION: AUTISM SPECTRUM DISORDERS
AUTHOR: Assemblymember Joe Coto (Democrat - San Jose, 23rd District)
CDCAN SUMMARY:
* Would create the "State Autism Spectrum Disorder Clearinghouse" within the California Department of Education to provide evidence-based and recommended information and practices regarding the education of students with autism spectrum disorders and require use of federal special education funding. 
* Would require that access to the clearinghouse be provided at schools, specified regional centers, diagnostic centers, family empowerment centers, and public libraries to make resources available to families.
LATEST ACTION 04/30/.08: Heard in Assembly Appropriations Committee.  To "Suspense File"
NEXT STEP: Assembly Appropriations Committee during the week of May 19th (no later than the deadline of May 23), will hold a hearing reporting on which bills will be taken off the "suspense file" sent to the Assembly Floor for a final vote and which bills will be held in committee (which means the bill is essentially "dead"). 
CDCAN COMMENT:
* One of the 8 bills coming from Autism Commission Report findings. 
* "Suspense file" is a holding place for all bills that have some level of impact on State funding (in the Senate the threshold is if a bill would likely cost $50,000 or more). 
 
AB 2302 - TEACHER CREDENTIALING: STUDENTS WITH AUTISM
AUTHOR: Assemblymember Karen Bass (Democrat - Los Angeles, 47th District)
CDCAN SUMMARY:
* Would authorize a local education agency or school to assign a teacher who holds a level 1 education specialist credential, or a previously issued credential, that authorizes him or her to provide instruction to individuals with mild or moderate disabilities to provide instruction to pupils with autism, if the teacher consents to the assignment and satisfies certain criteria. 
* Would require the agencies and schools that make such assignments to report such assignments as part of their annual assignment monitoring.
LATEST ACTION 05/08/08: Referred to Senate Education Committee.
NEXT STEP: No hearing date set yet. Must be heard in Senate Education Committee on or before June 27, 2008. 
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
AB 2424 - PERSONS WITH DEVELOPMENTAL DISABILITIES: EDUCATION
AUTHOR: Assemblymember Jim Beall (Democrat - San Jose, 24th District)
CDCAN SUMMARY:
* Would require each student with special needs over 16 with an Individual Program or Education Plan (IPP or IEP) to participate in a transitional services planning process to facilitate movement from school to postschool activities. 
* Would establish a "Employment First Policy and Fund" to plan for integrated employment opportunities for persons with developmental disabilities through the IPP process.
LATEST ACTION 04/24/08:  Amended in Assembly and referred back to Assembly Appropriations Committee. 
NEXT STEP: Set for hearing 05/14/08 at 09:00 AM, Assembly Appropriations Committee, State Capitol, Room 4202.
CDCAN COMMENT: Not part of the package of 8 bills recommended by Autism Commission, though supporters of this bill say it will have impact on students with autism. 
 
AB 2555 - SPECIAL EDUCATION: INITIAL ASSESSMENT
AUTHOR: Assemblymember Alberto Torrico (Democrat - Fremont, 20th District)
CDCAN SUMMARY:
* Would change existing State law that requires the parent of a student with special needs be given, in writing, a proposed assessment plan within an amount of time of the referral of the pupil.
* Would also require that the copy of the notice of parent rights include information regarding the State School for the Blind.
LATEST ACTION 05/01/.08: Referred to Senate Education Committee. 
NEXT STEP: Hearing set 05/14/08 at 09:30 AM Senate Education Committee, State Capitol, Room 4203.
CDCAN COMMENT: Though not specifically focused on students with autism, the issue of assessments are important to thousands of children with autism spectrum disorder in special education. 
 
AB 2717 - SPECIAL EDUCATION: DUE PROCESS HEARING - BURDEN OF PROOF
AUTHOR: Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District)
CDCAN SUMMARY:
Would assign the "burden of proof" in a special education due process hearing to the responsible educational agency, except with regard to the appropriateness of a unilateral parental placement or related services in a case where the parent or guardian is seeking tuition reimbursement for the placement or services.
LATEST ACTION 04/28/08: In Assembly for final vote.
NEXT STEPS: If this bill passes Assembly, it heads to Senate (likely Senate Education Committee) for hearing.  It will need to be heard in that committee and reported out on or before June 27, 2008. 
CDCAN COMMENT:
* Bill passed out of Assembly Education Committee on 04/23/08 by vote of 7 to 0.
* While not part of the package of bills recommended by the Autism Commission, this bill - along with AB 1768 deals with special education due process hearing rights that many families with children with autism view as critical and important. The issues raised in AB 1768 referred to as "stay put" were raised in several of the Autism Commission hearings, most recently in September 2007. 
 
SB 527 - AUTISM SPECTRUM DISORDERS: SCREENING
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
CDCAN SUMMARY
* Would require the Department of Developmental Services to partner with at least one regional center to implement an "Autism Spectrum Disorders Early Screening, Intervention, and Treatment Pilot Program" in at least 3 counties and would create an advisory committee.
* Would establish the "Autism Spectrum Disorder Early Screening, Intervention, and Treatment Pilot Program Fund" in the State Treasury, to be used by the department, upon appropriation by the Legislature, for purposes of this pilot program.
LATEST ACTION 04/07/08: Amended in Assembly. Referred back to Assembly Health Committee.
NEXT STEP: Must be heard in Assembly Health Committee on or before June 27, 2008. 
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
SB 1175 - DEVELOPMENTAL SERVICES: REGIONAL CENTER FUNDED HOUSING
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
CDCAN SUMMARY:
Would allow the Department of Developmental Services to approve proposals from any regional center for leasing housing, and adds "residential facility for persons with developmental disabilities" to the definition of facilities that can be financed by the California Health Facilities Financing Authority
LATEST ACTION 05/01/08: PASSED Senate by vote of 35 to 0. 
NEXT STEPS: In Assembly for hearings (likely Assembly Human Services Committee).  No hearing date set.
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
SB 1364 - AUTISM SPECTRUM DISORDERS: ADVISORY COUNCIL
AUTHOR: Sen. Gil Cedillo (Democrat - Los Angeles, 22nd District)
CDCAN SUMMARY:
* Would create the "Autism Spectrum Disorder Advisory Council" to provide recommendations to the Department of Public Health to deal more effectively with the public health crisis of autism spectrum disorders.
* Would require that department to the extent funds are deposited in the Autism Spectrum Disorders Public Health Program Fund for such purpose, which this bill creates.
LATEST ACTION 04/22/08: Amended in Senate. Referred to Senate Appropriations Committee. 
NEXT STEP: Set for hearing 05/12/08 at 10:00 AM, Senate Appropriations Committee, State Capitol, Room 4203
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
SB 1475 - AUTISM PILOT PROGRAM
AUTHOR: Sen. Tom Torlakson (Democrat - Antioch, 7th District)
CDCAN SUMMARY:
* Would direct the Department of Developmental Services to use an advisory body to identify best practices in providing a smooth transition for young children with autism spectrum disorder and their families when the children change programs provided through regional centers to programs operated by the public schools.
* Would establish a 2 year pilot project to identify solutions to improve the transition of young children with autism spectrum disorder from programs provided through the regional centers to programs provided by the schools.
* Would directs the Department of Developmental Services to establish at least three pilot locations governed by a collaborative, integrated proposal that includes at least one regional center and at least one school district or local education agency.
LAST ACTION 05/07/08: Amended in Senate. Referred back to Senate Appropriations Committee.   
NEXT STEP: Set for hearing 05/19/08 at 10:00 AM, Senate Appropriations Committee, State Capitol, Room 4203
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
SB 1531 - AUTISM: PEACE OFFICER TRAINING
AUTHOR: Sen. Lou Correa (Democrat - Santa Ana, 34th District)
CDCAN SUMMARY:
Would require the Commission on Peace Officer Standards and Training (POST) to develop and make available a course for first responders to emergency situations on how to recognize and interact with persons with Autism Spectrum Disorder (ASD) by January 1, 2010.
LATEST ACTION 04/21/08: Heard in Senate Appropriations Committee. To "Suspense File"
NEXT STEP: Senate Appropriations Committee during the week of May 19th (no later than the deadline of May 23), will hold a hearing reporting on which bills will be taken off the "suspense file" sent to the Senate Floor for a final vote and which bills will be held in committee (which means the bill is essentially "dead"). 
CDCAN COMMENT:
* One of the 8 bills coming from Autism Commission Report findings. 
* "Suspense file" is a holding place for all bills that have some level of impact on State funding (in the Senate the threshold is if a bill would likely cost $50,000 or more). 

SB 1563 - AUTISM: HEALTH INSURANCE COVERAGE
AUTHOR: Sen. Don Perata (Democrat - Oakland, 9th District)
CDCAN SUMMARY:
* Would require the Department of Managed Health Care and the Department of Insurance to establish the "Autism Workgroup for Equitable Health Insurance Coverage" to examine health service plan and insurer issues related to coverage of development disorder or autism.
* Would require that the workgroup and the two departments  review the standards for screening, diagnosis, intervention and treatment of those conditions to develop recommendations for plans and insurers to provide appropriate and adequate coverage for those people with autism spectrum disorder.
LATEST ACTION 05/08/08:  Passed Senate by vote of 31 to 1. 
NEXT STEPS: In Assembly for hearings (likely Assembly Human Services Committee).  No hearing date set.
CDCAN COMMENT: One of the 8 bills coming from Autism Commission Report findings. 
 
SCR 97 - AUTISM AWARENESS MONTH
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
CDCAN SUMMARY
Proclaims April 2008 "Autism Awareness Month"
LATEST ACTION 04/28/08: Referred to Assembly Health Committee
 
 
 
URGENT!!!  YOUR CONTRIBUTIONS NEEDED!!
Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
Advocacy Without Borders - ONE Community:
Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, including People of color, different languages, cultures,  Families, Workers, Providers, & Organizations to Rights & Unified Action.
This report - and the CDCAN townhall telemeetings, and other events and projects are for all of them and for promoting advocacy without borders toward unified action.  We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com    CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports.  sent out and read by over 45,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues. Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):

CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not working and will be fixed soon. 

 The CDCAN Townhall Telemeetings are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. (note: the opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for Early Autism Treatment), Friends of Children with Special Needs, Life Steps, Easter Seals California, Parents Helping Parents, UCP of Los Angeles and Ventura Counties, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California