Union Lawsuit Against Florida School Choice Programs Dismissed, But the Battle Continues

by Brittany Corona from The Daily Signal:
Hundreds of Florida parents are able to celebrate the New Year with access to school choice thanks to a decision last Tuesday to dismiss the union lawsuit against the Sunshine State’s Personal Learning Scholarship Accounts and expansion of the tax credit scholarship program.
For the second time, Leon County Circuit Court Judge Charles Francis found that the Florida Education Association, Florida school boards, the NAACP and the League of Women Voters, among others, lacked standing to challenge the school choice options.

During the last day of the legislative session this past June, the Florida legislature passed an education bill that created the nation’s second education savings account program, known in Florida as Personal Learning Scholarship Accounts, and expanded Florida’s thriving tax credit scholarship program.
Shortly after the legislation was enacted, special interest groups filed an injunction against the scholarship accounts and tax credit scholarship program contending the legislative process in which the bill was passed did not follow procedure because it contained more than one educational program and therefore violated the “single subject” rule— despite the subject being “education.”

Strong Demand for Florida's Latest Educational Option

from WCTV:
In less than a week, more than 1,100 Florida parents of students with significant special needs including autism, Down syndrome and cerebral palsy have begun applications for a new type of K-12 scholarship that allows them to individualize their child’s education.
The Personal Learning Scholarship Account (PLSA) program, the second of its kind in the nation, was passed by the Florida Legislature last spring and signed into law by Gov. Rick Scott. The application process opened last Friday at Step Up For Students, a nonprofit scholarship organization that is authorized to administer the program. The state set aside $18.4 million for the first year of the program – enough for an estimated 1,800 students.

Help Us Get Senator Nelson as a Cosponsor and Pass the ABLE Act this Year!

ABLE Act Overview:

During the week of November 11th, the National Down Syndrome Society (NDSS) will team up with Florida Down syndrome Advocates to urge Senator Bill Nelson to join his fellow Florida Senator and ALL Florida Representatives as a cosponsor of the Achieving a Better Life Experience (ABLE) Act (S. 313/HR. 647).This important legislation would utilize the 529 college education saving account program to establish a savings tool for individuals with disabilities.

The bill currently has 283 cosponsors in the House and 47 cosponsors in the Senate. This bipartisan, bicameral legislation is being led by Reps. Van Hollen, Crenshaw, Sessions, and McMorris Rodgers and Sens. Casey and Burr.

The ABLE Act will utilize the 529 college education saving account program, and give individuals with disabilities and their families the ability to save for the future just like every other American family. The ABLE Act  will help people with disabilities live full, productive lives in their communities without losing benefits provided through private insurances, the Medicaid program, the supplemental security income program, the beneficiary’s employment, and other sources.

How to Advocate:

1)      Issue an ABLE Act action alert to your grassroots

a.       Email/Letter template

b.      Call-in template

2)      Utilize Social Media to advocate for the ABLE Act

a.       Twitter sample tweets

For more information or questions, feel free to contact NDSS VP of Advocacy & Affiliate Relations Sara Weir at sweir@ndss.org or 202-465-3222.

Florida Law Cancels Bout Between Two MMA Fighters with Disabilities

by WINK CBS News:

A controversial Mixed Martial Arts fight between two fighters living with disabilities is canceled just minutes before the match.

One of the fighters has down syndrome and the other cerebral palsy. The state stepped in and shut it down claiming it was unsanctioned. On of the fighter's fathers say it's discrimination.

That fight was set to take place at the Seminole Casino in Immokalee. It's something both of these men told me on Friday was a dream come true. Now they are fighting to find a way back into the ring.

It was a fight that was supposed to be a first of its kind. One both Garrett Holeve, 23, and David Steffin, 28, had been dreaming of, but five minutes before the first punch, the state presented the promoter with a cease and desist letter.

"He cried. It genuinely upset him," says Mitch Holeve, Garrett's father. "He's worked eight weeks in a training camp, training four and a half hours a day for eight weeks getting mentally and physically prepared to do this."

Garrett has Downs syndrome and his opponent David has cerebral palsy. The fight was supposed to happen because the match was being held on tribal land, but a letter from the DBPR says the scheduled bout between the two amateur fighters is unsanctioned and against Florida Law.

"He's upset because he knows he's being told he can't fight because he has Down syndrome and that hurts his feelings and that angers him" says Holeve.
A representative with the World Fighting Organization tells WINK News, "the safety of the fighters is our number one priority and he doesn't think the decision was made on the basis of discrimination, but solely on fighter safety."

Holeve says his son got medical clearance and show have been able to fight. "I think their decision was pretty arbitrary, discriminatory," says Holeve.

"We have two guys with disabilities and we don't want them to fight here. This is his life and they're stopping him. As his dad I am just going to make sure he can do it safely and his rights are infringed upon and I'm not stopping anywhere until that happens."                    

Holeve is talking to the Boxing Commission and he says he has also reached out to the National Down Syndrome Society.

A father's quest to make daughter's dreams of fame come true

By Andrew Ford, Florida Today:

Emily Foster sings. She plays softball. She hangs out with her sisters, she doesn't get scared on the big rides at the fair, and she likes science class best of all. And like most other 10-year-olds, she has a dream.

Hers is to be famous.

She also has Down syndrome.

When she told her father, Russ Foster, that one day thousands of people would scream her name, he decided to help her reach her goal — or, he figured, as close as they could get. The Melbourne, Fla., dad started a Facebook page for what he calls the Emily Foster "famous" project. He's already got more than 1,000 friends and acquaintances to "like" it.

Russ isn't really expecting fame in the form of thousands of people screaming Emily's name. Instead, he's measuring success based on the number of new people and experiences he can introduce Emily to, and, to a lesser degree, the number of famous people she can meet.

"It's just a dad trying to make his daughter's dream come true," said Russ, who has three other daughters. "I want her to be seen like any other kid, and I guess me creating the project is a way to level that field."

Emily's mother, Amber, initially was wary. She feared people might be mean to Emily.

"It would hurt my heart," Amber said. Thankfully, she said, that hasn't happened.

To be a singer

When Russ first envisioned the Emily Foster "famous" project back in January, Emily noted several activities or achievements for which she could succeed — ballet, medicine, fashion design, zoo keeping, firefighting, and shark hunting, to name a few. But most often she said that she'd like to be a famous singer.

Emily likes to play CDs on a boom box in the bedroom she shares with her 5-year-old sister, Averi. Her favorite artist is Taylor Swift; her favorite song is Swift's "Never Grow Up." Emily strums on a small pink guitar and sings along, working to overcome her speech impediment.

Russ said that chances are slim that Emily will become a famous singer.

"Unless there's some miracle, people aren't going to buy tickets to her concert," Russ said. "My dream would be for her to introduce Taylor Swift at a concert."

Russ managed to make contact with Swift's agent. He said they may be able to arrange something the next time Swift is in the area.

Russ persuaded figures such as actor John Travolta, U.S. Senator Bill Nelson and Dick LeBeau, a Hall of Fame defensive back and football coach, to send Emily autographed photos. She got a part in a local music video. She met the Harlem Globetrotters.

"I didn't realize until later that it was kind of a unique endeavor," Russ said of the project.

"Any time a child, whether or not they have Down syndrome, when they express a dream, parents should be encouraging of that," said Amy Van Bergen, executive director for the Down Syndrome Association of Central Florida.

"There are people with Down syndrome who are famous, who are well-known," Van Bergen adding, citing Lauren Potter, an actress with Down syndrome best known for her role as Becky Jackson on the popular show "Glee."

Of course, the chances of any child becoming famous are slim.

"I don't think (Emily's) chances are any less than a typical child who doesn't have Down syndrome," Van Bergen said.

Emily and her twin, Megan, were born at 33 weeks, rather than the usual 40.

Russ and Amber said they had never thought much about Down syndrome before they had Emily. After, they worried about the possible health impacts.

"I remember sitting and bartering with God," Amber said. "I'm going to care for this child like my other ones. Don't take her away from me."

That's what Russ and Amber say they have tried to do, raise Emily the same as their three other daughters: Megan (Emily's twin), Averi, 5, and Miranda, 16.

Russ said it was helpful that Emily had a twin without a disability; it gave them a benchmark to measure Emily's development. Both girls had attended Manatee Elementary School, but the family decided to withdraw them when they felt that Emily was being unfairly separated from the general education setting.

Emily has responsibilities at home and she is punished if she misbehaves, just like her sisters.

"We treat her like the other kids in the household," Russ said. "She doesn't get any special treatment."

"It's amazing what she does with the barriers others place in front of her."

Poison concert benefiting the Down Syndrome Foundation of Florida

from PR Web:

Join the Down Syndrome Foundation of Florida for a one-of-a-kind event: Poison at Hard Rock Live Orlando on Nov. 5, sponsored by Alcatel One Touch®. Tickets are on sale now at Ticketmaster.com.

Poison added this unscheduled and intimate concert after the end of their Reunion Tour. It is unlike anything they have ever done before! This is a one of a kind event! Exclusive VIP event packages are available for a limited time only at http://www.dsfflorida.org. VIP passes – a total of 153 are available – will entitle holders to attend a VIP barbecue on the John Lennon Terrace after the concert.

This is the first time the band has ever held this kind of VIP event. This is Poison’s way to say thank you to a select group of their biggest fans while they STAND for a great charity!

All proceeds of the concert will go to support the vision and mission of the Down Syndrome Foundation of Florida. The Down Syndrome Foundation of Florida (The Foundation) is a non-profit organization started by a group of visionary parents who wanted to have a direct impact on children, families and the community as they journeyed through life with a loved one with Down syndrome.

Headquartered in Orlando, The Foundation is a grassroots organization made up of volunteers who believe that through creative programs and partnerships, we can facilitate opportunities and experiences so that there is no mystery or myth about people with Down syndrome.

The Foundation’s goal is to promote inclusion, understanding and acceptance by expanding opportunities for individuals, families and communities touched by Down syndrome. Visit http://www.dsfflorida.org for more information.

high school boy with Down syndrome stands out

from Winterpark Maitland Observer:

In the uniformed moving mass of about 200 Winter Park High School marching band students, you might not notice Sam Hagan — but that doesn’t mean he doesn’t stand out.

In the afternoon heat, the students practice their marching drill on the high school parking lot, flowing seamlessly — or not-so-seamlessly, depending on the run — together to form unified pictures, only viewable from above.

From this birds-eye view, it’s nearly impossible to pick Sam out from any other band member. But if you look hard enough, you’ll see him front row center.

He nods his head and pulses his drumsticks ever so slightly to the beat of the music as part of the front percussion ensemble, internalizing the pulse, preparing for his cymbal part.

Occasionally he’ll fidget to adjust his large black headphones — the one thing that distinguishes him from the others. He wears them to take the edge off the noise that comes with having a 200-piece marching band performing behind you, his mother Julie said. Having Down syndrome, Sam’s ears are more sensitive to the noise than others.

If he sees you watching too closely during rehearsal, he’ll shoot you a funny face, do a little dance or reach his mallet under his leg to drum his cymbal, until he hears someone shout “Sam!” reeling him back in.

‘More alike than different’

”More alike than different” are the words Sam’s mother, Julie, uses to describe her son, a sophomore this year, in relation to his Winter Park High School peers.

Despite his special needs, Sam is enrolled on a typical high school diploma enrollment track and participates in both marching and symphonic bands, as well as drama.

“It’s really priceless — all the opportunities he’s been given going to school here,” she said. “It’s been such a blessing.”

Sam is shadowed throughout the school day by his paraprofessional aide, Sharon Riley. She takes notes for Sam during lectures, so he can concentrate fully on the lessons being taught, and helps him in any way he needs. The pair has been together since Sam was in sixth grade.

“Sam is just a wonderful kid,” Riley said. “He surprises me every day.”

Riley, a well-known actress in her homeland of Puerto Rico, helps Sam do everything from run his lines for the school play — or “woofs” this year, as he plays the role of the dog in his Drama 2 class production of Susan Zeder’s “Wiley and the Hairy Man” — to introducing him to students in the classroom.

“Sometimes students are apprehensive around Sam; they just may not understand what he has,” she said. “But I encourage them to ask us questions and get to know him. Once they break that barrier, he fits right in.”

Fitting in

He fits in so well, Riley said, that often in classes students will compete to be Sam’s partner during group work.

The two who usually work with Sam in his drama class are Hannah Price and Hannah Rejonis – known as “the Hannahs”. But add in Sam, and they’re known as “The Trio”: Hannah P., Hannah R. and Sam H, his drama teacher, Robert Dutton, said.

“He’s probably the nicest kid you’ll ever meet,” Rejonis, who bonded with Sam over a mutual love of musicals and all things Star Wars, said.

“He’s so caring,” Price added. “He’s always the first person to come over to me if I have my head down or look like I’m having a bad day to ask what’s wrong.”

Dutton said Sam is wonderfully mischievous in class. “He has a delicious sense of humor,” he said. “But he shows a real purpose and desire to be there. I wish more of my other students had that.”

Last year, for his work ethic and ability to not let his disability get in his way, Sam was voted “most inspiring band student” as well as “outstanding freshman band member” by his peers, Dutton said.

“He’s always surprising in a really wonderful way,” he said.

Standing out

As a teenager with Down syndrome, Sam’s life may not always be easy, his mother said, but he has a great attitude.

His family has been actively involved with the Down Syndrome Association of Central Florida — headquartered in Winter Park — since he was born, which has given Sam numerous volunteer opportunities within the community and a place to socialize with other local kids with disabilities.
DSACF Executive Director Amy Van Bergen said she’s known Sam his whole life and has seen him thrive through the many activities he’s involved in.

“Sam is a great guy with a great sense of humor, and he’s very athletic,” Bergen said. “He’s a great representation and combination of his parents. They’re both tall, athletic and blond, and Sam is tall, athletic and blond.”

Bergen said Sam is someone who both breaks the stereotypes of Down syndrome and proves how active and successful someone with the condition can be. In past years, Sam has qualified for state championships in both cycling and swimming for the Special Olympics.

One of the main characteristics of Down syndrome, she said, is low muscle tone. To combat this, it is important that people with Down syndrome stay active and fit, but also makes doing so considerably harder. The same goes for auditory and visual processing. Both of these traits, she said, make all that Sam has accomplished that much more impressive.

“For him to be on that marching band field, he’s probably working two or three times harder than a typical kid because of Down syndrome,” Bergen said.

Big time dreams

Sam said his dream is to go to college at Ohio State University and continue to be in the marching band. He hopes to one day be the sousaphone player who dots the ‘I’ during the bands spell-out of “Ohio” during their pre-game routine. He plans to practice his sousa skills in the stands at football games this season.

“You guys will come watch me, right?” he asked the Hannahs.

“Of course we will,” Hannah R. said. “We’ll be there with shirts that say ‘I’m with the guy who dots the ‘I.’”

Sam erupts in a fit of laughter, the sounds echoing throughout the school auditorium where The Trio hangs out after school. It is a sound his aide would recognize anywhere and one Dutton hears frequently in class. Anyone that knows Sam, his mother said, knows him for that laugh and his great sense of humor.

“Sam is really a great kid,” Julie said. “But it’s really all the great opportunities that he has been given that make him thrive.”

Florida Governor reverses descision to cut funding for people with disabilities

From the Miami Herald:

Florida Gov. Rick Scott said Thursday he would rescind his order to cut state payments for disability services after House and Senate leaders agreed to fill a $174 million deficit.

The announcement comes two weeks after Scott informed lawmakers he would invoke emergency powers and cut up to 40 percent the rates charged by group homes and case workers who help the developmentally disabled.

“There are so many parents who can breathe a sigh of relief because they can get the services they need,” said Kingsley Ross, an advocate and lobbyist for Sunrise Community, a Miami-based group home operator. “It’s fantastic.”

Scott said he had a deal with the House and Senate to pay for the projected deficit. The House budget proposal included the money, but the Senate’s did not.

“I was concerned we would run out of money,” Scott said. “I will be pulling my emergency order and making sure that our providers have the funds that they need to make sure that they keep taking care of individuals who really need this care.”

After Scott’s order, Senate President Mike Haridopolos said he was looking into the “legalities” of paying for the gap.

“I’m very sensitive to this,” said Haridopolos, a Republican who is challenging Sen. Bill Nelson for the U.S. Senate in 2012.

Senate budget chief J.D. Alexander on Thursday confirmed the Senate would fill the deficit, but that the Agency for Persons with Disabilities was on notice. “No agency will ever overspend its budget authority,” said Alexander, R-Lake Wales. “It will not happen again.”

The agency provides services to about 30,000 Floridians with cerebral palsy, autism and Down syndrome. More than 19,000 people are on a waiting list and receive no services.

The deficit — which exceeds the agency’s spending authority by nearly 20 percent — is partly the legacy of lawsuits, poor planning by the Legislature and a nearly $20 million veto by Scott’s predecessor, Charlie Crist, who starved the program of savings when he refused to trim provider rates last summer.

“This gives the agency enough to pay its bill through the end of the year and means it doesn’t start the year with a deficit, which it has the last five years,” Ross said.

Scott’s decision to cut rates sparked protests. In Tallahassee last week, hundreds of protesters rallied outside the Capitol and then crammed into Scott’s office. Some group homes announced they would have to close.

“Maybe they realized they can only push people so far and they can only cut so much,” said Dennis Shelt, who runs Community Circles Inc., which provides services to the developmentally disabled in St. Petersburg and Clearwater. “There are people around the state who wouldn’t survive the kind of cuts they were talking about.”