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Advocacy
 

 

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A Florida advocate's inquiry to OSEP regarding Asperger Syndrome, Autism and IEP's -

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ADHD lawsuit has cost district $40,000 / SPECIAL EDUCATION FOR ADHD -  A lawsuit to decide if a child with attention deficit hyperactivity disorder deserves a special education plan has cost the Manatee County School District almost $40,000 so far. The district has spent $37,763.36 on legal fees in the case, including $22,496.81 to Edwards and Scharff, a law firm in Palo Alto, Calif.; and $4,211.77 to the Tampa firm of Thompson, Sizemore & Gonzalez by Michael Barber

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Administrative Judge to Decide Diploma Dispute.  Parents say high school shuffled their son through the system. - "Sammons, 19, was diagnosed as a child with Asperger's syndrome, a form of autism, and was placed in the county's exceptional student education (ESE) program as a kindergartner, said Bill Sammons, a commercial real estate broker in Lakeland. ...Mark Kamleiter, the Sammonses' lawyer, said Drew Sammons doesn't demonstrate any of the knowledge he should have gotten out of a high school education, making his diploma worthless.," by Julia Crouse

 
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An Advocate's Official Letter of Inquiry to the US Department of Education, Office of Special Education - Twenty Questions regarding the Autism/Asperger Controversy in Classification and "Educational Diagnosis"

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Appeals court revives $1 million award for fired Portland special-ed teacher by Steven Carter

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Art of Citizen Lobbying 

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AUTISM - A POLITICAL BOMBSHELL " NO CHILD LEFT BEHIND"? / President Bush unwilling to address this National Tragedy. Parents are outraged. - Autism has hit epidemic levels with no end in sight. The President has failed to address this National Tragedy....WHY ? There are 25 facts that will leave the American people asking questions. New Book Titled, Mercury: The Winged Messenger presents these 25 facts and others... THE TWENTY FIVE FACTS PRESENTED IN THE BOOK TITLED: MERCURY: THE WINGED MESSENGER. / Press Release

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Autism decision is turning point for autistic children in Northern Ireland - The decision to fund Applied Behaviour Analysis (ABA) in Northern Ireland marks a turning point in the services available to families with autistic children in Northern Ireland, according to a University of Ulster behaviour analyst.Dr Keenan, of the University's School of Psychology, has been a driving force behind the development of ABA in Northern Ireland, welcomed the Murray family's victory in gaining funding for ABA treatment for their autistic son Paul, aged seven by News.Medical.net

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Autism therapy vital, Ontario judge rules / Province ordered to pay for treatment on educational, not health-care, grounds - An Ontario judge has ordered the province to finance behavioural treatment for three autistic children, concluding that the therapy is vital if they are to thrive in school.  Mr. Justice Lee Ferrier of the Superior Court of Ontario predicted unequivocally in his ruling that the children "will suffer irreparable harm" if their treatment is not maintained. He ordered that Jordan McNabb and twins Zachary and Travis Bettencourt get ABA/IBI treatment pending a ruling, expected this year, in a major autism-treatment test case known as Wynberg.  By Kirk Makin

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Back to School on Civil Rights - COPAA 

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Being Businesslike at Your IEP: The Parent Record

 
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BEWARE THE ADVOZEALOTS: Mindless good intentions injure the handicapped by Bernard Rimland, Ph.D., Autism Research Institute

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Can I Put My Bare Feet On?

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A 15-year-old autistic Clovis boy is no longer facing assault charges. A 15-year-old autistic Clovis boy is no longer facing assault charges. The district attorney's office didn't know Colin Frates suffers from Asperger's Disease, a form of autism, and on Wednesday dismissed the charges. Last March, a Reybern Intermediate special education teacher contacted police. She reported Colin shoved her and threw two chairs against a wall. Colin insists he only tapped his teacher's shoulder to get her attention so he could call home. If the charges hadn't been dropped, Colin's father, Mike Frates, says Colin might have been institutionalized, "The thought that they were going to take him away ... I don't think we slept for days. Just worrying about the possibility of it was a nightmare." Clovis Unified isn't commenting on the decision and the teacher involved didn't return call from Action News. The judge did order Colin to see a doctor to work on his social skills. Talk About This  Story   VIDEO: Watch This Story
bullet Charges dropped against teacher-shoving student
bullet Reader weighs in on article about autistic child By Garth Cobb, Plymouth

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Chicago's schools warned on special ed

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Committee: Mental disorder did not cause cake incident - "...The father of one of the girls has said she suffers from Asperger's syndrome, an autism-related condition characterized by deficiencies in social and communication skills. But a committee of teachers, counselors and administrators at the school met privately Tuesday and ruled against the father's theory, Cobb County school spokesman Jay Dillon said. The committee said there was never an official diagnosis. The district has a letter from a school psychologist saying the syndrome is simply "suspected," Dillon said. In order to qualify for a special education program, more evidence is needed, by the AP
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Disciplinary Hearing to be Held for Girls in Tainted Cake Incident -  Two 13-year-old girls accused of making a cake tainted with bleach and glue and serving it to classmates will face a disciplinary hearing scheduled for Wednesday. The two East Cobb Middle School students will have a hearing before Ann Robbins, supervisor for student discipline in the Cobb County School District, school officials said. The hearing, which is closed to the public, will determine whether to uphold the school's punishment against the girls, said district spokesman Jay Dillon. The school district has suspended both girls and recommended that one be transferred to an alternative school by WSBTV.com

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Felony Charges Dropped Against Girls in Tainted Cake Incident / Decision by School Officials to Stand - Felony assault charges have been dropped against two girls who were accused of serving a tainted cake to classmates, a lawyer for one of the girls said Tuesday. But case is continuing in juvenile court in closed hearings that prohibit those involved from publicly speaking about the proceedings, said attorney Mitch Durham. The gag order also prevents the attorney from discussing the results of the prosecution's tests on the cake, he said, He would not say what the remaining juvenile court charges are, by WEBTV.com

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Dana's view has tons of sample IEPs and goals

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Developing Organized Coalitions and Strategic Plans - Robert Silverstein 

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Disability Act Puts Website Accessibility Under The Spotlight - A new wave of legal action is expected as the final stages of the Disability Discrimination Act (DDA) came into force on 1st October. While the Act has legally required organisations to ensure that their websites are accessible to the disabled since 1999, the publicity around the final stages of the Act is likely to put website accessibility back under the spotlight.

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Education Money Returned to Federal Treasury - Oregon

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Effective Strategies for Interacting with Policy-Makers - Robert Silverstein 

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Extended School Year - Questions and Anwers - Oregon Advocacy Center

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Family's autism funding victory could be ‘turning point’ - The decision to fund Applied Behaviour Analysis (ABA) in Northern Ireland marks a turning point in the services available to families with autistic children in the province, a University of Ulster behaviour analyst has said. - Ireland / Dr Keenan, of the University's School of Psychology and a driving force behind the development of ABA in Northern Ireland, welcomed this week’s news that a east Belfast family had won a legal battle to get full funding for an intensive course of home teaching for their autistic son.

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Family files suit over job coaching / Parents: Disabled daughter pushed from real world - "...Jefferson County officials haven’t commented specifically on the lawsuit by the Schwartz family, but they told The Capital Times of Madison that they must control costs or high-needs people will consume all the money available to county residents.  Peggy Schwartz’s 22-year-old daughter, Jessica, has a genetic defect that causes autism-like symptoms. She has trouble concentrating for a long time by the AP

 
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Forest Grove school district, parents tussle on private school costs - An administrative law judge tells the district to pay, saying it didn't deal with a teen's learning problems.  Final Order - OAH Case No. 20031306.  Department Case No. DP-03-113.  TA v. Forrest Grove SD.

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General Guidelines for Disability Policy Change Agents- Robert Silverstein

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Guide to an IEP from US Dept. of Education

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Harvard special education: Law, philosophy, funding - For the majority of parents whose children are not enrolled in a special education program in Harvard, both the programs and the budget for them are mysterious and remotely understood. For those inside the program's circle, there are numerous layers of regulation and processes to understand as well. Both regular education and special education intersect at many points, however, and each has an impact on the other by Julie Moberly

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Hospital autism detention 'wrong' Hospital / The detention of a man with autism under common law was a breach of his human rights, the European Court of Human Rights has ruled. - The decision could have implications for people with dementia and learning disabilities who have been admitted to care under similar circumstances. The man was detained at a Surrey hospital in 1997 after he was deemed incapable of consenting to treatment. He had no right to appeal, unlike if he had been held under the Mental Health Act.

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How to Disagree with the IEP Team

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How to be Heard: Talking To Your Child's Teacher Effectively by Cheli Cerra

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How to Negotiate in IEP Meetings

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How to Prepare for Due Process Hearings

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How to Shop for an Adoptee Legislator

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Letters to a Stranger  - Tactics & Strategy: The "Letter to a Stranger" by Janie Bowman and Pete Wright

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Living Through Due Process

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Mother sues, alleges abuse in special education - Today Ann Gaydos looks back in horror and asks herself how she could have kept sending her child back into that classroom. Her daughter, Paige, has a form of autism that put her in a special education class in Cupertino. Over several months, Gaydos said, Paige's teacher subjected her to a series of abuses -- ranging from pushing her to the floor and sitting on her, to rubbing a burrito in her face. Gaydos has filed a civil suit to be heard in November against Cupertino Union School District, for unspecified damages. Neither district officials nor the teacher, Karen Miller, would discuss the allegations. But in court filings, both parties deny them by Larry Slonaker

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Monkey Zoo-Doo - School Bureaucracy On the Planet of the Apes

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Model Bill of Rights for People Receiving Audiology or Speech-Language Pathology Services

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Mom files suit over son's death on bus - "The mother of a Perry Meridian High School freshman killed last fall while he was riding on a school bus filed a lawsuit Friday seeking $300,000 in damages. ..."You send them to school thinking they're going to be safe, they're going on the bus, they're going to be safe," Garcia said in an interview. "They're not," by Vic Ryckaert

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Mothers from Hell

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Mother sues, alleges abuse in special education - Today Ann Gaydos looks back in horror, and asks herself how she could have kept sending her child back into that classroom. Her daughter, Paige, has a form of autism that put her in a special education class in Cupertino, Calif. Over several months, Gaydos says, Paige's teacher subjected her to a series of abuses - ranging from pushing her to the floor and sitting on her, to rubbing a burrito in her face by Larry Slonaker

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Mother sues school district over son's education - The mother of a recent Ragsdale High School student has sued Guilford County Schools, claiming her son didn't receive an adequate education. The suit, filed in Superior Court, seeks damages in excess of $10,000. The parent, Kathy Edwards, also is suing the North Carolina Department of Public Instruction by Bruce Buchanan

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NEIU chief: Special chairs no inherent problem - In February -- nearly five months after the Lackawanna County district attorney's office began investigating allegations a teacher was tying autistic students to wooden support chairs -- parent Kathleen Walsh asked the Abington Heights School Board to remove the chairs from autistic classes by Lauren Roth

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New Rule for Severly Disabled. 2003

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'No Child Left Behind' Misses Some - A Lake Tahoe-area school district runs two middle schools: one in Truckee, one in Tahoe City. Both are failing to meet federal education standards, but only the Tahoe City school is being pressured by the federal government to improve.  The Truckee school isn't poor enough. Even in name, the No Child Left Behind education law, which President Bush signed in 2002, promised to apply tough standards universally, but parents and teachers are discovering a huge loophole in it, by Michael Kolber

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'No Child Left Behind' Top Education Issue - President Bush asked for it. Sen. John Kerry  voted for it. Both candidates now find their education agendas driven by the No Child Left Behind law.  The most aggressive shake-up to schools in a generation, the law is the top education issue in a presidential race dominated by war, terrorism, jobs, taxes and credibility. The law orders schools to ensure all children achieve regardless of race, ethnicity or income. For voters, the line dividing Bush and Kerry is subtle. The nominees diverge on how much to spend on the law and how much to tinker with it as schools try to comply by Ben Feller

 
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No Child Left Behind: What Will it Take? (Feb 2002)
Another Fordham Foundation Report

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On 15th Anniv. of Americans with Disabilities Act, Report to Be Released About Improving Search for Causes & Cures for Birth Defects & Developmental Disabilities - WHAT: Briefing event to release new report from Trust for America's Health (TFAH) on U.S. policies and surveillance towards birth defects and developmental disabilities, "Birth Defects and Developmental Disabilities: The Search for Causes and Cures." The report, released on the 15 year anniversary after the landmark Americans with Disabilities Act, finds gaps in the collection of information about birth defects and developmental disabilities as well as missed opportunities to connect data collected by education and social service functions to health research studies. The report concludes with recommendations for improving research and investigation efforts for a number of diseases and conditions, including autism spectrum disorders, birth defects, and developmental and behavioral disabilities.  WHEN: Briefing on Tuesday, July 26, 10 a.m. to 11 a.m. WHERE: Dirksen Senate Office Building Room 430, Washington, D.C. WHO: Shelley A. Hearne, DrPH, executive director of Trust for America's Health HOW: The report will be made available on TFAH's Web site ( http://www.healthyamericans.org ) at 10 a.m. EDT on Tuesday, July 26. Advanced embargoed copies of the report are available to media upon request. For more information, please contact Laura Segal at 202-223-9870 ext. 278 or lsegal@tfah.org or Michael Earls at 202-223-9870 ext. 273 or mearls@tfah.org.

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Ont. parents sue schools in new autism lawsuit - The parents of five autistic children launched a class-action lawsuit against the Ontario government and school boards Monday, arguing that the province should provide an expensive autism therapy in its public schools.  Last month the Supreme Court has ruled that the province of British Columbia does not have to foot the bill for an effective, but expensive treatment program for autistic children.  Four families had sued the B.C. government, arguing it should pay for the costly treatment of their autistic children. They argued that Autism Spectrum Disorder is a medical disability, and as such, merits health-care funding, by CTV.ca News Staff

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Oregon Advocacy Center's Grievance Procedure

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Parents fight for girl's right to learn - "The girl's family has filed a civil rights suit in federal court, claiming that School Administrative District 55 failed to recognize the unique challenges of Asperger's. They argue that students with the lifelong neurological disorder can excel academically, but still be crippled by their inability to perform in social situations, and often need special services to do well in school," by Gregory D. Kesich

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Parents heading to court over autism -  Undaunted by their recent loss at the Supreme Court of Canada, parents of autistic children are carrying their fight with the provincial government to another front. The Supreme Court ruled last month that the provinces do not have an obligation to pay for treatment of autistic kids under public health care plans. But a group of Ontario parents last week has launched a class-action suit claiming that the province is obliged to provide an education for autistic kids under both the Education Act, which guarantees access to public schools, and the Charter of Rights, which calls for equal treatment under the law by Ian Urquhart

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Psychopharmacology: Disability Law and the Administration of Psychotropic Medication in the School Setting by James F. Luebbert, M.D., Richard P. Malone, M.D. and Len Rieser, J.D.

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Playground debate heads to court - The parents of a home-schooled Falmouth boy, banned from the city's playground, head to court Friday to ask a judge to allow him to return there, by ABC News

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Recovering Attorney Fees in Special Education Cases

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Reexamining Rowley: A New Focus in Special Education Law by Scott F. Johnson, Esq. Beacon - Fall 2003

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Schaffer v. Weast / C.O.P.P.A.'s Amicus brief - "Under the Individuals with Disabilities Education Act, when parents of a disabled child and a local school district reach an impasse over the child’s individualized education program, either side has a right to bring the dispute to an administrative hearing officer for resolution. At the hearing, which side has the burden of proof—the parents or the school district?"  C.O.P.P.A. asks the Court  to reverse the judgment of the Fourth Circuit and to remand this case for further proceedings. - 4/2005 

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Section 504 - An Overview - Oregon Advocacy Center

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Special Education - A Guide for Parents and Advocates - Oregon Advocacy Center

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Special Education leaves schools behind by the Augusta Chronicle

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Steps in the IEP Process

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Suits May Target No Child Left Behind Act - The federal No Child Left Behind Act threatens costly penalties for schools deemed failing to meet academic standards. In response, some educators expect a series of lawsuits aimed at avoiding the sanctions. Since President Bush (news - web sites) signed the sweeping education reforms in 2002, the law has drawn criticism from educators debating its strict performance and test requirements. The act requires all students to be proficient in reading, writing and math by 2014, by the AP

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SUPREME COURT OF MAINE SITTING AS THE LAW COURT.  GAYLE A. FITZPATRICK, individually and CHARLES A. RANKOWSKI, individually, and both as parents of JAN RANKOWSKI, a minor Plaintiffs / Appellants vs.TOWN OF FALMOUTH, CAROLYN A. CROWELL, BARBARA POWERS, and TIMOTHY MCCORMACK all individually and as employees of the Falmouth Public Schools, and STEVE BRINN, as chairman of the Falmouth School Board Defendants / Appellees  Docket No: CUM-04-569

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Tax levy measure will return to House - A measure that failed in the state House last session that would allow counties to create special assessment districts to raise money for services for senior citizens will be back this session -- with a new partner. The districts, as proposed by Rep. Susan Goldstein, R- Weston, would generate revenue not only for seniors who are frail or living alone but also for developmentally disabled adults and those with diminished mental capacity or disorders such as cerebral palsy, by Diane C. Wade

 
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The IDEA Amendments Are A Bad Idea - Let It Go! An Open Letter To President Bush, Secretary Paige And Senator Frist

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What is an IEP

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What is Inclusion?

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What is your IEP IQ?  by Peter W. D. Wright, Esq.

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What should be in your child's IEP

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When Parents and Schools Disagree

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Your Child's IEP: Practical and Legal Guidance for Parents

   

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"We each have our own way of living in the world, together we are like a symphony.
Some are the melody, some are the rhythm, some are the harmony
               It all blends together, we are like a symphony, and each part is crucial.
We all contribute to the song of life."
...Sondra Williams

We might not always agree; but TOGETHER we will make a difference.

 

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