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Funded through a grant from the National Institute on
Disability and Rehabilitation Research,
U.S. Department of Education, under contract number H224B990002. The opinions expressed do
not
necessarily reflect the position of the U.S. Department of Education, and no official
endorsement by the
U.S. Department of Education of the opinions expressed herein should be inferred.
Volume VIII Issue 2 Summer - Fall 2003 |
Copyright 2004 Neighborhood Legal Services, Inc.
In this issue ...
IDEA PART C
Early Intervention Services to Infants and Toddlers Under Part C
of the Individuals with Disabilities Education Act
Special Features
Assistive Technology Included In Ifsp's
Administrative Hearings
Register Now For The "Bridges To Better Advocacy" Conference
NIDRR To Require Paats To Use Web-based Annual Reporting System
IDEA PART C
Early Intervention Services to Infants and Toddlers Under Part C
of the Individuals with Disabilities Education Act
INTRODUCTION
Children with disabilities from birth through age two are served by Part C of the federal Individuals With Disabilities Education Act (IDEA). 20 U.S.C. §§ 1431-1445; 34 C.F.R. Part 303. Often referred to simply as Part C or the Early Intervention Program, this program authorizes funding for a wide range of services for infants and toddlers within the eligible age range.
Although the Early Intervention Program is within the IDEA, because of the young age of the children being served, the services can be much less "educational" in nature. The emphasis is on meeting the overall developmental needs of the child. There is also a strong emphasis on prevention. For example, services are to be designed not only to meet the developmental needs of each child, but also to meet "the needs of the family related to enhancing the child's development." 34 C.F.R. § 303.12(a)(1). When enacting Part C (then Part H), Congress found that there was an urgent and substantial need to enhance the development of infants and toddlers with disabilities; to minimize their potential for developmental delay, need for special education or institutionalization; to maximize their potential for independent living; and to enhance the capacity of families to meet the special needs of infants and toddlers with disabilities. 20 U.S.C. §1431(a).
This article describes the Part C (Early Intervention) Program; explains what services are available through the program, including assistive technology (AT) devices and services and how to apply for them; explains how a child's Individualized Family Service Plan (IFSP) is developed; and details the options available when a family wishes to challenge the denial of services. When first enacted, Early Intervention was in Part H of the IDEA. With the reauthorization of the IDEA in 1997 (IDEA'97), the program was moved to Part C. We did an earlier newsletter, December 1996/January 1997, focusing on Early Intervention when it was in Part H. This newsletter is an update of that article, and all references to the statute and regulations reflect the changes from IDEA'97.
NOTE: Section 619 of Part B (20 U.S.C. § 1419, 34 C.F.R. Part 301) of the IDEA permits states, at their discretion, to serve children ages three to five as well as children who are two but who will turn three during the course of the school year. States may also, at their discretion, serve children who turn three during the school year until the start of the next school year using Part C funds, as long as they are not also being served under Section 619.
WHAT IS THE EARLY INTERVENTION PROGRAM?
Part C requires each state to develop a "statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families." 20 U.S.C. § 1431(b); 34 C.F.R. § 303.1(a). Each state must designate a lead agency, which bears responsibility for overall implementation, administration and monitoring of the Early Intervention Program. 20 U.S.C. § 1435(10); 34 C.F.R. § 303.142. Unlike Part B, the lead agency is not necessarily the state education agency. Although a number of public agencies may be involved in delivering services, the lead agency must also have a procedure in place to ensure that services are provided in a timely manner pending resolution of any disputes between those agencies or the service providers. 20 U.S.C. § 1435(a)(10)(D), 34 C.F.R. § 303.525.
To be eligible for services a child must meet the age requirement and need early intervention services because the child has a developmental delay(s) in one or more of the following areas:
The criteria for eligibility may also include, at a State's discretion, at-risk infants and toddlers. 20 U.S.C. §1432(5); 34 C.F.R. § 303.16 ("AT-RISK INFANT OR TODDLER- The term at-risk infant or toddler' means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual." 20 U.S.C. § 1432(1)). Each state must specify the criteria by which it measures developmental delay. 20 U.S.C. §1435(a)(1); 34 C.F.R. § 303.161.
LIMITATIONS ON FEES OR COSTS
All services under the Early Intervention Program must be provided at no cost unless federal or state law allows for payment by families, and states may establish a sliding scale of fee payments. 20 U.S.C. § 1432(4)(B); 34 C.F.R. § 303.12(a)(3)(iv). However, if the state guarantees a free appropriate public education from birth, the state may not charge parents for any services required under that state law which are provided to children eligible for early intervention services. Id. § 303.521(c). Each state must establish a policy concerning payment of fees, if any. Id. § 303.520(a). Such a policy may not allow fees for services a child would otherwise be entitled to receive at no cost and the parents' inability to pay for services cannot result in the denial of services to the child or family. Id. § 303.520(b)(3)(i) and (ii).
Moreover, the following services must be provided at no cost:
Id. § 303.521(b).
For all other services, including AT devices and services, the Part C program is the payer of last resort. 20 U.S.C. § 1440(a). Although the child need not be eligible for Medicaid to obtain services under Part C, if available the child's Medicaid or private insurance may be used to pay for early intervention services. Id.; 34 C.F.R. § 303.527(a). To prevent the delay of services, however, early intervention funds may be used to pay for services pending payment by the ultimate entity responsible. Id. § 303.527(b)(1).
THE PROCESS BEGINS WITH A REFERRAL
As part of its required comprehensive child find system, each state must develop and publicize its procedures for referring children for early intervention services. 20 U.S.C. § 1435(a)(6); 34 C.F.R. § 303.320. Parents who believe their child needs early intervention services may make the referral directly. The list of others who may make referrals is very broad. Id. § 303.321(d)(3).
THE SERVICE COORDINATOR
Once a child has been referred to the Early
Intervention Program, a service coordinator must be appointed by the agency implementing
the program. Id. § 303.321(e)(1). The service coordinator is responsible for overall
implementation and coordination of the early intervention services to be provided, and
must be from the profession most relevant to the child or family's needs or otherwise
qualified to carry out all of his or her responsibilities. 20 U.S.C. § 1477(d)(7); 34
C.F.R. § 303.344(g)(1). The service coordinator's role is an ongoing and active one,
designed to be a single point of contact for the family to ensure that they receive all
the rights and services to which they are entitled. It is the duty of the service
coordinator to be "continuously seeking the appropriate services and situations
necessary to benefit the development of each child" throughout the child's
eligibility. Id. § 303.23(a)(3)(iv).
The specific duties of the service coordinator include:
Id. § 303.23 (b).
SPECIFIC SERVICES AVAILABLE ARE VERY BROAD
Services must be designed to meet the developmental needs of the child and the needs of the family and are to be selected in collaboration with the parents. Id. § 303.12(a). To the maximum extent appropriate for the child, services are to be provided in a natural setting, such as the home or a day care center. 20 U.S.C. § 1432(4)(G); 34 C.F.R. § 303.12(b).
Services available through the Early Intervention Program include:
20 U.S.C. § 1432(4)(E); 34 C.F.R. § 303.12(d).
ASSISTIVE TECHNOLOGY IS COVERED
Both AT devices and services are available under the Early Intervention Program and have the same definitions as they do for preschool and school aged special education programs. An "AT device" is any item or piece of equipment "that is used to increase, maintain, or improve the functional capabilities of a child with a disability." An "AT service" is "a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device." It also includes training or technical assistance for professionals, the individual or, where appropriate, the family. 20 U.S.C. §1401(1) and (2); 34 C.F.R. 303.12(d)(1).
Some examples of AT devices used by infants and toddlers:
There is an Office of Special Education Programs (OSEP) letter that addresses assistive technology for Part C (at that time Part H) eligible children. In Letter to Anonymous, 21 IDELR 1126 (November 30, 1993), OSEP clarifies that AT and audiology services must be provided to an eligible child only if they are determined to be relevant to meeting the developmental needs of the child and the needs of his/her family an analysis that is to be done on a case-by-case basis in connection with the development of the IFSP.
A COMPREHENSIVE, MULTIDISPLINARY EVALUATION IS REQUIRED
Once a referral is received, there must be a
timely, comprehensive, multidisciplinary evaluation designed to identify the "the
child's unique strengths and needs and the services appropriate to meet those needs; and
the resources, priorities, and concerns of the family and the supports and services
necessary to enhance the family's capacity to meet the developmental needs of their
[child]." 34 C.F.R § 303.322(a)(1) and (b)(2). The evaluation must include a review
of health and medical records and an assessment of the functioning level and unique needs
of the child in each of the following areas of development: cognitive, physical,
communication, social and emotional, and adaptive behavior. Id. § 303.322(c)(3).
The multidisciplinary evaluation must be nondiscriminatory and in the family's native
language or "other mode of communication, unless it is clearly not feasible to do
so." Id. § 303.323. A "Family Assessment" must also be offered to help
identify the concerns, resources and strengths of the family. However, this assessment is
voluntary on the part of the family, id. § 303.322(d), and protections for the family are
included in the regulation.
If the child or family needs immediate services, they may be available before an
evaluation takes place. In such a case, an interim IFSP must be developed. The interim
IFSP lists the early intervention services that have been determined to be necessary
immediately and identifies a service coordinator to be responsible for implementing it.
Id. § 303.345. This allows the child and family to receive services until the evaluation
is completed and a final IFSP is written.
DEVELOPING THE IFSP
If the evaluation team determines that a child is eligible for services, an Individualized Family Service Plan (IFSP) meeting will be held at a time and place convenient for the parents. 20 U.S.C. § 1436; 34 C.F.R. § 303.342(a) and (d)(1)(i). The meeting will be attended by the evaluator, the service coordinator, service provider(s), as appropriate, and the parents, along with any other persons the parents invite, including an advocate. Id. § 303.343(a). At the IFSP meeting, the same service coordinator as the one who handled the evaluation process may be assigned for ensuring implementation of the IFSP or a new service coordinator may be selected. Id. § 303.344(g)(2). The name of the service coordinator must be listed on the IFSP. Id. § 303.344(g)(1). The IFSP meeting must be held no later than 45 days after the early intervention official receives the referral. Id. § 303.321(e)(2).
The IFSP must be in writing and include:
20 U.S.C. § 1436(d); 34 C.F.R. § 303.344.
Parents must give informed written consent before services may begin. If there is not agreement on all services, only agreed upon services will be provided. 20 U.S.C. § 1436(e); 34 C.F.R. § 303.342(e). Services must be initiated "as soon as possible" after the IFSP meeting. Id. § 303.344(f). The IFSP must be reviewed at least every six months and evaluated at least annually at an IFSP meeting. 20 U.S.C. § 1436(b); 34 C.F.R. § 303.342(b) and (c). Additionally, the parents may request a review of the IFSP at any time. Id. § 303.342(b)(1).
THE TRANSITION TO SPECIAL EDUCATION SERVICES
A transition plan must be developed to support and prepare the child and family for the time when the child will be too old to receive early intervention services. With parental consent, a meeting to review preschool eligibility must be held at least 90 days before the child becomes eligible for preschool special education services. If the child is not thought to be eligible for preschool special education, the district must make reasonable efforts to convene a conference among the lead agency, the family, and providers of other services to discuss the other appropriate services that the child may receive. See id. § 303.148. The parents must give permission before any records such as evaluations or the IFSP are sent to the school district. Id. C.F.R. § 303.344(h)(2)(iii). For children eligible for preschool special education, the transition planning process must include "mechanisms to ensure the uninterrupted provision of appropriate services to the child." Id. § 303.344(h)(2)(iii), Note.
THE RIGHT TO APPEAL
Parents must be informed of their appeal or
due process rights throughout the process. They are entitled to written notice a
reasonable period of time before there is a proposal or refusal to "initiate or
change the identification, evaluation, placement" or provision of early intervention
services. 20 U.S.C. § 1439(6); 34 C.F.R. § 303.403(a). The notice must describe the
action and reasons for it and include due process rights. Id. § 303.403(b). The notice
must be in the native language or dominant method of communication of the parents
(including sign language, braille or oral communication). Id. § 303.403(c). The parents
also have the right to confidentiality of records and the right to review and inspect
records concerning the child and family. 20 U.S.C. §1439(2) and (4); 34 C.F.R. §
303.402.
An appeal can be pursued to resolve disagreements concerning any matter to which the
parents were entitled to notice. 20 U.S.C. § 1439(1); 34 C.F.R. § 303.420. Parents may
request mediation (20 U.S.C. § 1439(8)), an impartial hearing or file a system complaint.
However, if mediation is offered, it must be voluntary and cannot be used to delay or deny
a parent's rights, including the right to have a decision within 30 days. 34 C.F.R. §
303.420, Note 2.
The Impartial Hearing
Each State must develop an administrative process for resolving complaints through impartial hearings. States may adopt the due process procedures under Part B, the preschool and special education provisions. In such circumstances, the status quo protection must be provided consistent with the requirements of Part C, discussed below. States may also develop a separate administrative process, as set forth below. 34 C.F.R. § 303.420.
Once a hearing has been requested, an impartial hearing officer will be appointed. The hearing officer must have knowledge about the law and familiarity with the needs of and services for children and their families. Id. § 303.421. The hearing officer must make a written decision, including findings of fact and conclusions of law, within 30 calendar days of receipt of the request by the early intervention agency. Id. §§ 303.421(a)(2)(ii), 303.422(b)(5), 303.423(b). A verbatim record of the hearing must be made. Id. § 303.422(b)(4).
The hearing must be scheduled at a "time and place that is reasonably convenient to the parents." Id. § 303.423(a). Parents have the right to bring an attorney or other person with special knowledge or training on early intervention. Parents have the right to present evidence, cross-examine, and compel the attendance of witnesses. The parents have the right to exclude any evidence not disclosed to them at least five days before the hearing. Id. § 303.422(b)(3).
Either party may file an appeal in state or federal court. In such cases, as under Part B, the court is to receive the administrative record, hear additional evidence on request and render a decision based on the preponderance of the evidence. 20 U.S.C. § 1439(1). There is no provision for attorney's fees under Part C, but such a right may exist under state law. Additionally, the rights available under Part C are potentially enforceable under 42 U.S.C. § 1983, which has its own attorney's fees provision, 42 U.S.C. § 1988. See Marie O. v. Edgar, 1996 WL 48515, 14 A.D.D. 871 (N.D.Ill. Feb 02, 1996) Aff'd Marie O. v. Edgar, 131 F.3d 610 (7th Cir. 1997). (State of Illinois was not in "meaningful compliance" with then Part H, due to significant waiting lists and delays in obtaining services.)
Once a hearing is requested, the child is entitled to receive all of the services that are not in dispute, and to continue to receive any services already being provided, until a decision is made by the hearing officer or until an appeal to court is concluded. 20 U.S.C. § 1439(b); 34 C.F.R. § 303.425. Moreover, parents have the right to decline a service or withdraw their consent to a service without jeopardizing their right to receive other services. 20 U.S.C. § 1439(3); 34 C.F.R. § 303.405.
System Complaints
A complaint may also be filed with the lead State agency implementing Part C for individual or systemic violations. The complaint may be filed by either an individual or organization. Id. §§ 303.510, 303.511.
Some examples of systemic violations include:
CONCLUSION
The Early Intervention Program can provide children with disabilities the services they need to get them started on the right track and minimize their need for special education services later in life. In many cases this program should be available to fund AT, particularly where no other funding source is available to purchase the equipment in question.
Assistive Technology Included in IFSPs* Under Part C:
1998: Nationally, 9274 devices and services were provided to children in the Part C age
range.
State range: California had the high with 1842 devices/services provided. Oklahoma had the
lowest with zero devices/services provided although quite a few states did not report
during this year.
1999: Nationally, 8910 devices and services were provided to children in the Part C age
range.
State range: Florida had the high with 1733 devices/services provided and Oklahoma had the
low with a total of zero devices/services provided.
2000: Nationally, 9328 devices/services were provided to children in the Part C age
range.
State range: Indiana had the high with 1593 devices/services provided. Massachusetts had
the low with zero.
2001: Nationally, 7416 devices and services were provided to children in the Part C age
range.
State range: Florida again had the high with 1506. New Hampshire, Massachusetts, Alaska
and Georgia tied with zero
* We cannot say for certain that the devices/services were actually provided, only that
they were included on the IFSP. AT devices and services are counted once if provided to
the same child.
(Data from the 1999, 2000, and 2001 OSEP Annual Report to Congress- the most current data
available)
Administrative Hearings
Matter of Anonymous (Mass. Div. of Medical
Assistance 9/16/03): The Massachusetts Medicaid agency denied prior authorization for an
Easy Stand 5000 Stander with a hydraulic pump at a cost of $3,115. Following a hearing,
the device was approved. The hearing decision found, based on medical evidence from
treating physicians that the passive standing to be afforded by the device would help
maintain or increase bone density, improve bowel and bladder function, reduce incidence of
skin breakdown, and increase range of motion. The appellant was represented by Jane Alper
and Dale Boam of the Disability Law Center in Boston.
Matter of Anonymous (Social Security, Office of Hearings, Seattle, Wash. 10/17/03): This
Medicare Part B appeal involved the denial of funding for a LightWriter augmentative and
alternative communication (AAC) device. Although current Medicare rules, since January
2001, allow for funding of AAC devices, the device was denied under the policy in effect
on the date of purchase, January 26, 2000. The hearing decision found that this AAC device
"was reasonable and necessary for treatment of the beneficiary's severe communication
disability, dysarthria." The appellant was represented by Michael Smith of the
Washington P&A in Seattle.
For a copy of either decision, contact Wilma Castro at 716-847-0650 ext. 271 or wcastro@nls.org. If you have hearing decisions on AT
issues, from any funding source, send them to the National AT Advocacy Project so that we
can include them in our resource library.
Register Now for the "Bridges to Better Advocacy" Conference
Our 8th annual "Bridges to Better Advocacy" conference, a national conference for AT advocates, will take place on March 24th, 25th, and 26th at the Crowne Plaza Hotel in Austin, Texas. Always a popular event, this year's conference promises to be one of our best.
ATTEND THE 2004 CONFERENCE AT 2003 PRICES. That's right. We have kept registration fees the same as last year. Register before January 28th and take advantage of our "super early bird" special. A conference description and registration form are included as an insert to this newsletter. You can also find a conference flyer, with full session descriptions, on our website at: www.nls.org/natmain.
New Special Education Booklet Available
Earlier this year, we published an updated version of our special education booklet, The Public School's Special Education System as an Assistive Technology Funding Source: The Cutting Edge (April 2003). It is co-authored by Ron Hager of the National AT Advocacy Project and Diane Smith of the National Association of Protection and Advocacy Systems (NAPAS), with 71 pages of text and extensive citations spanning 468 footnotes. Several copies were mailed earlier this year to each of the P&As. You can also access the booklet on our website: www.nls.org/specedat.htm or www.nls.org/pdf/special-ed-booklet-03.pdf. Contact Wilma Castro at 716-847-0650 ext. 271 or wcastro@nls.org if you would like a complimentary copy of the booklet.
NIDRR to Require PAATs to Use Web-Based Annual Reporting System
In late September 2003, the National Institute on Disability and Rehabilitation Research (NIDRR) within the U.S. Department of Education provided a three-year grant to the Research Triangle Institute (RTI) of Raleigh, North Carolina to establish a web-based data collection system that will be used by P&A for Assistive Technology (PAAT) programs to meet their annual reporting requirements.
RTI has subcontracted with Neighborhood Legal Services and our National AT Advocacy Project to assist in developing the form that will be used in this process. We are in turn partnering with NAPAS and a six-person national P&A working group (made up of managers, attorneys and advocates) to develop the proposed annual reporting form. After being approved by NIDRR and the Office of Management and Budget, P&As are expected to start using it in the Spring of 2005.
If you would like the AT Advocate Newsletter sent to you in a large-print or other alternative format, please let us know.
Update on The National Assistive Technology Resource Library
We have designed a word-searchable digest, using computer technology, to store and retrieve hearing decisions and other administrative documents. We also have indexed more than 400 documents from more than 100 pending and decided court cases. All documents are available through our AT Resource Library. Please send us your hearing decisions, briefs and other documents involving AT.
Please send information to:
Attn.: Jim Sheldon TEL: (716) 847-0650
Neighborhood Legal Services, Inc. FAX: (716) 847-0227
Ellicott Square Building TDD: (716) 847-1322
295 Main Street, Rm 495 e-mail: atproject@nls.org
Buffalo, NY 14203 Web Page: www.nls.org
The AT Advocacy Project will provide nationwide services to PAAT projects including technical assistance to advocates wanting to access funding for assistive technology for individuals with disabilities.
In our Upcoming Issues
Medicare and AT: An Update and Consolidation of Our Earlier Newsletters
NOTE: The AT Advocate is now issued quarterly
Previous AT Advocate Newsletters Table of Contents | NLS Home Page | Feedback
SPECIAL INSERT
Bridges to Better Advocacy
A two-day conference for attorneys, paralegals and advocates who specialize in Assistive Technology Advocacy
Wednesday, March 24, 2004 (Optional)To view or download the complete agenda in PDF format
Click HereOptional Pre-Conference Session
Registration Fee of $65 for Session (includes lunch)
Presenters: Maureen OConnell, Esq., Southern Disability Law Center, Austin, TX; Steven Elliot, Esq., Advocacy, Inc., Austin TX; and James R. Sheldon, Jr. Esq., National AT Advocacy Project, Buffalo, N.Y.
Our Traditional, Two-day Conference
Agenda
Day 1 - Thursday, March 25, 2004
8:00 - 8:45 Registration and Continental Breakfast
8:45 - 9:00 Welcome and Introduction
Mary Faithful, Executive Director, Advocacy, Inc., Austin, TX
9:00 - 9:20 Update on AT Advocacy and the National AT Advocacy
Project
Jim Sheldon, Supervising Attorney, National AT Project, Buffalo, NY
9:20 10:00 Keynote Presentation
Speaker to be announced.
10:00 - 10:15 Break
10:15 - 12:00 Session # 1 - Medicaid Challenges in 2004 and Beyond
Jane Perkins, Esq., National Health Law Project
States are looking to Medicaid savings to balance budgets. Recent federal court decisions promise to make it more difficult to enforce Medicaid law in the federal courts. Will present major themes states are using to save Medicaid dollars and discuss several strategies to address these issues, including: federal litigation, state court litigation, creative use of administrative appeals, policy work, and other approaches.
12:00 - 1:15 Lunch (provided)
1:15 to 2:45 Sessions # 2 and # 3
Session # 2 - Medicare: An Overview for AT Advocates
Sally Hart, Attorney, Center for Medicare Advocacy, Tucson, Arizona & Jim
Sheldon, Supervising Attorney, National AT Advocacy Project
Medicare is our nations largest health care provider, serving more than 40 million Americans. Presenters will explain what the program is, how one becomes eligible, and the criteria and process available to approve AT, typically as durable medical equipment. Appeals procedures will be discussed.
Session # 3 - The Rebirth of Section 504
Brian East, Attorney, Advocacy, Inc., Austin, TX & Ronald M. Hager, Staff
Attorney, National AT Advocacy Project
Attorneys and advocates often cite the limitations imposed on effective advocacy resulting from U.S. Supreme Court interpretations of the Americans with Disabilities Act and the Individuals with Disabilities Education Act. Will discuss how section 504 of the Rehabilitation Act offers a broader range of options for effective advocacy, in some cases, in lieu of enforcement under the ADA or IDEA.
2:45 - 3:00 Break
3:00 - 4:30 Session # 4 or # 5
Session # 4 - The Proposed PAAT Data Collection
System: An Explanation and Presentation
Christene Tashijian, Senior Research Scientist, Research Triangle Institute,
Raleigh, North Carolina & Jim Sheldon, National AT Advocacy Project
The Department of Education awarded a grant to the RTI to establish a mandatory web-based data collection system for annual reporting by PAAT programs. Neighborhood Legal Services, in collaboration with NAPAS and a national P&A working group, has been working with RTI to establish the data instrument (or report form) to be used. This will be an opportunity to see the proposed system and make comments on how it might change before submitted to DOE and ultimately, OMB, for approval.
Session # 5 - Vocational Rehabilitation: An Overview
for AT Advocates
Ron Hager, National AT Advocacy Project
Through Title I of the federal Rehabilitation Act, every state offers funding to support vocational rehabilitation (VR) services to allow individuals with disabilities to achieve specific work goals. Presenter will summarize the obligations of state VR agencies, including their obligation to fund AT devices and services when needed to support a vocational goal.
6:30 Texas-Style Entertainment - Thursday Night Dinner & Moreay 2 - Friday, March 26, 2004
8:00 - 9:00 Session # 6 - Practical Ethics: Use of the Advocate or
Paralegal in a P&A Practice. Limitations Based on Unauthorized Practice of Law
Ron Hager & Jim Sheldon, National AT Advocacy Project
Protection and Advocacy programs use advocates, legal assistants, paralegals, and others to help deliver advocacy services to eligible clients. What limitations are imposed on this practice by the legal codes of ethics which govern attorney conduct? What special obligations does an attorney have when the non-attorney under his or her supervision provides some of the advocacy services?
9:00 - 9:30 Introduction to Day 2: Legislative Update
Tom Hlavacek, Office Director, Wisconsin Coalition for Advocacy, Milwaukee,
Wisconsin
9:30 11:00 Session # 7 - Developments with Assistive Technology
Funding Sources: A Year in Review
Jane Perkins, National Health Law Project, Sally Hart, Center for Medicare Advocacy
& Steven Mendelsohn, Esq., AT Legal Consultant, N.Y., N.Y.
This panel of presenters will discuss developments in Medicaid, Medicare, the Americans with Disabilities Act, and other laws/AT funding sources that will affect AT-related advocacy work this year and in years to come.
11:00 - 11:15 Break
11:15 12:30 Sessions # 8 and # 9
Session # 8 - The Massachusetts ATM Case: A Blueprint for Large Scale
Impact Work Without Litigation
Stan Eichner, Esq., Legal Director, Disability Law Center, Boston, Mass.
Have you ever been faced with a situation in which large numbers of people with disabilities are the victims of an arguably illegal practice by a national industry? It may be a good case for a class action lawsuit, but such cases are expensive, potentially lengthy and inevitably uncertain. Use of a negotiating strategy that gives the potential defendant an opportunity to correct the wrong over a period of time, working cooperatively, minimizing conflict and sparing both sides litigation can yield positive results without litigation. Everything depends on the selection of issues and defendants, and on the approach taken. This session provides an account of the use of "structured negotiations" to achieve ATM access for Americans who are blind, and gives an insight into identifying other settings where the approach may prove viable.
Session # 9 - Expanding PAAT Resources Through Volunteer Attorney Panels:
A Summary of New Yorks Pro Bono Project
Marge Gustas, Staff Paralegal, Neighborhood Legal Services, Buffalo, NY
Protection and Advocacy agencies struggle with how best to use their limited resources under the PAAT grants to serve the maximum amount of individuals. Presenter will describe the NY pro bono project, which refers 25 or more Medicaid fair hearing cases (and a limited number of litigation cases) to private attorneys each year. Will explain the scope of support services provided to volunteers when they accept referrals.
12:30 - 1:30 Lunch (provided)
1:30 - 3:00 Workshop # 10 - Enforcement of Voting Rights and the
New Voting Rights P&A Program
Tom Hlavacek, Wisconsin Coalition for Advocacy & Richard Lavallo, Attorney,
Advocacy, Inc., Austin, TX
There has been considerable litigation, during the past 10 years, to make polling places accessible to persons with disabilities. Increased attention to the need for accessible polling places has resulted from the disability provisions and the new P&A program created by the Help America Vote Act (HAVA) of 2002. Presenters will outline the federal laws, including the ADA and HAVA, that can be used to enforce voting rights for persons with disabilities and will discuss litigation and non-litigation strategies to make polling places accessible.
3:00 - 3:15 Break
3:15 - 4:30 Session # 11 - Building the Record in an Administrative
Hearing
Jennifer Giesen, Attorney, Disability Law Center, Minneapolis, MN & Steve
Elliot, Attorney, Advocacy, Inc., Austin, TX
Much of the work in any P&A will involve administrative hearings, for programs like Medicaid and special education. Presenters will discuss the preparation needed to build a good record in these cases, including: where to look for information (documents, witnesses, etc.), how to use that information at the hearing or in written arguments/proposed findings, and the uses of the record in court appeals.
4:30 Farewell
Continuing Legal Education Credits will be Available
REGISTRATION FORM "Bridges to Better Advocacy"
March 24-26, 2004 Austin, Texas
Name:_________________________________________________________________________________________________
Title:_____________________________________________ Agency:________________________________________________
Address:________________________________________________________________________________________________
City/State/Zip:___________________________________________________________________________________________
Phone:
( )________________________ Fax: ( )________________________ Email:________________________________
Standard
Registration Fee Includes: Lodging
at the Crowne Plaza Hotel, Austin, TX, Continental Breakfasts,
Lunches, Thursday Dinner and Entertainment, and handouts.
*Standard
prices are for double occupancy packages. For
single occupancy, please add $75 per night to the price. For special packages including an additional night,
or if you plan on staying overnight on April 1, please contact Wilma Castro at (716)
847-0655 ext. 271. All hotel reservations must be made through
Neighborhood Legal Services. The Crowne Plaza Hotel
will not be able to guarantee the same room pricing otherwise.
HOTELHHotel Package Selection PACKAGE SELECTION
|
Amountount
|
þ
|
Total
|
Standard 3-Night Stay received by 1/28/04
|
$465 |
q |
|
Standard 3-Night Stay received by 2/18/04 |
$495 |
q |
|
Standard
3-Night Stay received by 3/10/04 |
$525 |
q |
|
Standard 3-Night Stay received after 3/10/04
|
$555 |
q |
|
Single
Occupancy for Standard 3-Night Stay (add
this to regular package price) |
$225 |
q |
|
4-Night Stay received by 1/28/04 |
$540 |
q |
|
4-Night
Stay received by 2/18/04 |
$570 |
q |
|
4-Night Stay received by 3/10/04 |
$600 |
q |
|
4-Night
Stay received after 3/10/04 |
$630 |
q |
|
Single
Occupancy for 4-night Stay
(add this to regular package price) |
$300 |
q |
|
2-Night Stay received by 1/28/04 |
$390 |
q |
|
2-Night Stay received by 2/18/04 |
$420 |
q |
|
2-Night Stay received by 3/10/04 |
$450 |
q |
|
2-Night
Stay received after 3/10/04 |
$480 |
q |
|
Single
Occupancy for 2-night Stay
(add this to regular package price) |
$150 |
q |
|
Pre-
Conference (add this to regular package price) |
$65 |
q |
|
Commuters
Fee Thursday and Friday only (does not include hotel accommodations) |
$240 |
q |
|
Make checks payable
to: Neighborhood Legal Services, Inc.
|
Total to be paid
|
||
Method of
Payment: q Personal Check q Agency Check
q Agency Voucher q Purchase Order
Please
call for special payment arrangements with your agency. |
|||
Please Select Room Preference: q
Smoking qNon-Smoking
First
Night of stay: (please
state dates)_______________________ Last
Night of Stay:_________________________
Roommate
Preference:_________________________________________________________________________________
Pre-conference
choice: q
Introduction to Medicaid
q
Introduction to Special Education
Reasonable
Accommodation Requests (DEADLINE: March 12,
2003): (please
state accommodation request below)
______________________________________________________________________________________________________
Wilma Castro Neighborhood Legal Services, Inc. 295 Main St. Rm. 495 Buffalo NY 14203
Phone: (716) 847-0655 ext 271 Fax: (716) 847-0227 Email: wcastro@nls.org