Is Autism Scholarship in jeopardy?

[Guest guest]

I heard only a portion of a NPR/Ohio Public Radio news report about the Special Education Voucher proposal and that the Governor was threatening to veto the budget bill that included it. I didn't hear the whole story; does anyone know if this affects the Autism Scholarship? Thanks, Eileen

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[Guest guest]

thanks...will do!Sandee <jswinky@...> wrote: I strongly urge that parents write to the Governor and advocate for the spec ed vouchers to remain in the bill. Rumor is that the Governor is going to use his "item" veto power to write the vouchers out. We have to stress how difficult it is for parents to receive services from the school district and we need to have a way to receive the services without litigation. This would eliminate the millions wasted on litigation vs education. It would save the

local schools millions in legal fees and not to mention our tax dollars that is spent on litigation. The ODE pays the cost of mediation--which the state would see less and less of mediation if we had the option of a voucher. Read Plain Dealer Article below from 2006The Autism Scholarship is a permanent bill with a cap of $20,000.00. We were hoping that HB119 would pass and increase the funds to children with autism to $30,000.00 or better. Please join me in sending a fax, email or phone call to Governor Strickland. He is only hearing one side. Now is the time for parents to be heard. I would love nothing more than to know that the Governor's fax machine overheated! Only a few days left. The bill has to be signed by the 30th.http://governor.ohio.gov/ContactUs/tabid/69/Default.aspxBest,Sandee WinkelmanHeadline: Schools say no to free legal advice Northeast Ohio districts paid about $41 million in past 3 years Byline: ph L. Wagner and O'Donnell Byline Title: Plain Dealer ReportersSource:Publication Date: 10/15/2006 12:00:00 AMPublication Info: Final, National, A1 Dateline:Copyright:Keywords:Story:SPENDING:How much did your school district pay? List: A16, A17 Northeast Ohio school districts have paid about $41 million for lawyers over the past three years, despite a state law that says they can have the work done for free. The money spent each year is enough to buy 175,000 textbooks or pay

the salaries and benefits of 275 entry-level teachers. A mostly ignored state law thathas been on the books for decadesrequires either the city law directoror county prosecutor – depending on the community – to be the lawyer for most school boards, without compensation. The Plain Dealer reported the top earning Ohio firms for the last three years:1. Squire, and Dempsey $10,192,7922. Britton, , s and Kalail $ 3, 400,8163. Pepple and Waggoner $ 3, 122, 245 All schools need to do is ask. However, most don't bother, or they refuse offers of free advice, saying government lawyers lack the necessary expertise, according to a Plain Dealer study of about 100 districts in

Cuyahoga and six surrounding counties. "It is the law, but not a whole lot of people know about the statute right now," said Columbus lawyer Knapp. He said not much has changed since 1997, when he wrote in a law journal: "In Ohio, public school boards are guaranteed a free lawyer, but few school districts realize it or bother to take advantage of it." Over the past three years, local districts spent an average of $101 per student on lawyers, according to information the districts provided to The Plain Dealer. In Cleveland and Akron that includes in-house lawyers as well as private firms. The range went from less than $6 per student in Cloverleaf to $407 in Beachwood. Willoughby-Eastlake is one of the lower-spending districts — at $25 per student over the three years —

because Superintendent says school officials do their own legal research. says he doesn't want to pay lawyers $200 to $300 per hour unless absolutely necessary. "I think that's just a waste of taxpayers' money," said. "I think some people just get in the habit of it." School officials deal with a range of legal issues — parents suing for special education services, contractors arguing about delays or payments, and employees fighting discipline or dismissal. They also negotiate employee contracts and prepare paperwork for loans. Because unusual cases can cause a one-year spike in legal costs, which could distort a district's spending habits, The Plain Dealer studied three fiscal years. For example, of the $810,000 in legal costs that Highland schools paid over the three years,

about $600,000 was for battles with contractors over a school construction project. The high-spending Beachwood district is leading a legal challenge against the Cleveland Clinic's attempt to exempt itself from property taxes. But The Plain Dealer's survey found that only a few districts, most of them in Geauga County, take full advantage of the free advice available from prosecutors. When districts ask for help, it is often for simple scofflaw cases, like seeking restitution for vandalism or collecting on delinquent bills. In Geauga County, Prosecutor Joyce has assigned one of his lawyers to school business. He estimates it costs county taxpayers less than $50 an hour, far less than a private firm would charge. "Every dollar we can save them spending on outside legal services is another dollar that

can go to educating our kids," Joyce said. Joyce feels so strongly about the matter that he has blocked outside lawyers from meetings and scolded superintendents for farming out legal work that his office could handle. "I've had that head-butting with superintendents when they get here," Joyce said of newcomers who are used to hiring outside firms. "I tell them, 'We do this. You're going to stop going outside.' " However, Geauga County appears to be the exception.Districts don't respond to offers of free helpMedina County Prosecutor Dean Holman said few school administrators have accepted his offer of legal service. "I'm not going to force them to use us even though it would cost less than what they pay a law firm," Holman said. Dennis Will, Lorain County prosecutor, said his office sometimes gives school

advice on simple legal matters, like liens and deeds, but admitted that's rare. At least two of the largest Northeast Ohio districts — Lorain and Parma — have been offered legal service from city attorneys. Mark Provenza, Lorain law director, said he got no response to his offer several years ago. Superintendent Dee , whose district has averaged more than $400,000 per year in legal fees since 2003, said she was unaware of the offer. The Parma schools turned down a city offer to hire a staff lawyer — at school expense — in 1995.

Then-Law Director Bill Mason, now county prosecutor, said the deal would have cost the schools less than they pay "downtown law firms." That offer is still on the table, said his successor, Tim Dobeck. "I thought I could save some money for them," Mason said. Parma schools have averaged $700,000 a year in legal fees since 2003. (After being interviewed by The Plain Dealer, Parma Superintendent Zatik met with Dobeck and turned down his offer, saying a city lawyer could not handle the district's wide variety of legal cases. But she said she would use Dobeck's office more. Provenza said asked him to draft a proposal that he would send to Lorain City Council.) Officials cite time, expertise of firmsSchool officials say:City and county lawyers lack experience for complex cases involving special education, collective bargaining and bond counsel.Prosecutors and law directors are too busy, and city charters sometimes exempt them from doing school work. Conflicts of interest arise in areas like tax abatement when cities and schools could have competing positions.Educators are comfortable with private lawyers they have known and used for years. Law firms build relationships with superintendents by hosting seminars and social events, and helping to underwrite the cost of the Ohio School Boards Association annual convention. The OSBA refused to say how much the law firms pay for this exposure, saying those records are not

public.Private lawyers say they perform a valuable service for schools. Hastings heads up a division covering school law at Squire, & Dempsey, which earned a quarter of the total legal work in the region. She said school leaders are under pressure to get the best deal, and that can be done by retaining experienced private lawyers instead of busy public ones. "Law directors and prosecutors have pretty full plates with their own clients," she said. Britton, whose firm was No. 2 in school business in the region, said he has referred schools to local prosecutors for basic cases. "They keep coming back to us," Britton said. "We offer being available 24/7, and we stay on top of things." Geauga Prosecutor Joyce says there are areas of school law his office is not able to

handle. For example, he does not serve as bond counsel — a lawyer who assesses the investment quality of loans sought by government bodies. He also thinks labor relations are best handled by outside lawyers. But he insists prosecutors are well-qualified to handle other issues. As a result, Geauga County has the lowest per-student cost in the region — $68 per student over the past three years. That's about half the $130 that Cuyahoga County districts spent for legal fees. In contrast, Medina County's Buckeye district has spent nearly $314,000 over the last three years on lawyers, or $139 per student. Next month, the district will try for the seventh time to get a tax passed. This is the second year the district refused to pay for sports, cut busing and dropped several academic programs. Treasurer Carolyn Weglewski explained officials have tried the prosecutor's office and are not

satisfied. "They are so bogged down with the townships that they don't have time for us," Weglewski said of Medina Prosecutor Holman. "We needed help on a tax abatement issue. It took a month and a half to get to them." Holman responded: "That's just flat wrong." Some cities exempt from state lawSome cities are exempt from the state law because their charters don't say they have to represent the schools. And in North Olmsted, Law Director Jim Dubelko said a 1976 city law frees his office from school duties. But many charters do have language saying city lawyers must perform all duties required by the state — which would includerepresenting schools. So cities like Parma, Lorain and Amherst, which operate under Ohio statutes, must assist the schools. Over the last 80

years, Ohio's Supreme Court and the state attorney general's office have been asked more than a dozen times to rule on fine points of the law. Knapp, the Columbus lawyer, wonders whether the state law is still practical. "Government lawyers have plenty to do and may not be excited about taking on this additional role," he said. "Are they going to give you the full, zealous representation that they're supposed to give you under the code of ethics? I'm not so sure." But Colleen Grady, a member of the State Board of Education, says schools and cities should try to make the law work. "Legal is a big-ticket item and getting bigger all the time," Grady said. "It's time to look to regionalism."To reach these Plain Dealer reporters: jwagnerplaind, 216-999-4906paodonnellplaind, 216-999-4818 Don, ,Evan , the Kitty, and Nikita Pattison 15819 Fernway Rd Shaker Heights, OH 44120 home (216)752-5978 cell (216)544-1231 Don cell (216)313-0612

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[Guest guest]

Sandee,

Thanks so much for the update about the Autism Scholarship.

I will send it to my list and hopefully everyone will call the Governor.

Take care,

Shari

Cleveland Chapter President CAN/AS28449 North Woodland RoadPepper Pike, Ohio 44124440-449-9922See what's free at AOL.com.

[Guest guest]

Shari,HB 119 is a step in the right direction towards educating children with disabilities. Thanks so much for passing this along. Best,Sandee Winkelman