Bridges to Better Advocacy, April 2-4, 2003
Conference Handouts
A three-day conference for attorneys, paralegals and
advocates who specialize in Assistive Technology Advocacy
Introduction to Special Education Under IDEA and 504:
Eligibility, Federal Mandates, Transition, Hearings and Litigation, Funding of AT
Ronald M. Hager, Esq., National AT Advocacy Project, Buffalo, N.Y. and Diane
Smith, Esq., National Association of Protection and Advocacy Systems, Washington, D.C. To view in the original booklet format in PDF format
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Assuring High Quality Home and
Community-Based Care Through Medicaid Reimbursement Provisions
Jane Perkins, Esq,, National Health Law Project
February Q&A: The
Bush Administration's Proposal for Medicaid
Jane Perkins, Esq,, National Health Law Project,
Recent Court Decisions of
Relevance to Assistive Technology Advocacy
Jim Sheldon, Supervising Attorney, National AT Advocacy Project
Practical Ethics: How to Deal with Unfavorable Information About Your Client or Case Ronald M. Hager, Esq., National AT Advocacy Project & Tim Sindelar, Esq., Disability Law Center, Boston, Mass. You are involved in an administrative hearing or in litigation. Something comes up about your client or your case that would probably not be favorable if disclosed to the judge, administrative law judge, or other decision maker. What is your obligation as an attorney, or as an advocate working under the supervision of an attorney? Are you required to disclose the information? Must you obtain the permission of your client before you disclose unfavorable information?
High Stakes Testing, Higher
Standards for Graduation: Where it Leaves Kids with Disabilities
Ronald M. Hager, Esq., National AT Advocacy Project & Tim Sindelar, Esq.,
Disability Law Center, Boston, Mass. A trend in education is to subject students to
higher standards in order to graduate. Sometimes this takes the form of one big test or a
series of tests that a student must pass in order to move to the next grade or to
graduate. The big losers in this trend toward "high stakes testing" can be
students with disabilities, including those who regularly use AT in order to access the
education system and the tests required. Presenters will describe how high stakes testing
requirements may clash with legal mandates under the Individuals with Disabilities
Education Act, the Americans with Disabilities Act, section 504 of the Rehabilitation Act,
or the mandates that stem from the No Child Left Behind Act.
Consumer Rights and
Assistive Technology Outline
Anthony Rodriguez, Esq., Staff Attorney, National Consumer Law Center,
Washington, D.C. Individuals with disabilities, who purchase AT or receive it through
funding sources like Medicaid, an insurance company, or a vocational rehabilitation
agency, may face consumer law issues with respect to the goods or services in question.
The issues could relate to a defective product or to the lending/payment procedures of the
equipment vendor.
Survey of State Assistive Technology
Warranty Acts/Lemon Laws
Anthony Rodriguez, Esq., Staff Attorney, National Consumer Law Center,
Washington, D.C. An updated survey of state AT lemon laws; a survey of applicable federal
warranty laws; a survey of state unfair and deceptive acts and practices statutes and how
they may apply to claims relating to defective AT devices.
A Survey of Non-Traditional Approaches for Funding AT Jim Sheldon, Supervising Attorney, National AT Advocacy Project. Persons with disabilities and their advocates typically look to several primary funding sources to obtain AT, including Medicaid, Medicare, special education programs, state vocational rehabilitation agencies, and private insurance policies. In some instances, however, these funding sources may not be available to the individual or may not cover the AT that is needed. Using case scenarios, presenter will discuss innovative ways to become eligible for funding sources like Medicaid and needs-based VR agency services and other little-known sources of funding. Discussion will include use of creative divorce settlements, the IRS-authorized flexible spending account, SSI’s PASS program, special Medicaid spend down rules, the Crime Victim’s program, special AT loan programs, and charities.
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