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Category: Disability Law
Advokidsblog - December 01, 2008
For parents of children with disabilities the scheduling of an Committee on Special Education meeting is fraught with trauma and anxiety. This annual meeting will determine whether a disabled child’s needs will be successfully met for the next year–or so we fear. As parents we have a
Advokidsblog - December 01, 2008
GET TO YOUR LEGISLATORS NOW! Although details have not been released we are hearing of extreme and unprecedented cuts to services in OMRDD.
TELL YOUR STATE LEGISLATOR THAT YOU ARE EXTREMELY CONCERNED ABOUT OMRDD’S BUDGET AND IMPENDING BUDGET CUTS - Send repeated messages of concern
Advokidsblog - December 01, 2008
Every day we hear about the dire budget crisis at the State and Federal level and how we are all going to have to sacrifice. While this is true and the situation we all face today is, to quote Mark Brandt of NYSARC, “a perfect storm,” the attacks on services and supports for the dis
Advokidsblog - September 20, 2007
THE CONGRESSIONAL DEMOCRATIC LEADERSHIP AIMS TO HAVE THE CHIP BILL ON THE FLOOR THIS TUESDAY -We want our rehab reg. moratorium included
MAKE YOUR PHONE CALLS NOW/ASAP, AS MANY AS POSSIBLE. URGE SENATORS CLINTON AND SCHUMER TO INCLUDE THE MORATORIUM ON CMS PROPOSED REHABILITATION REGULATIO
Advokidsblog - August 17, 2007
Governor Elliot Spitzer signed the Burden of Proof legislation on August 15 thus showing his continued support for children with disabilities and their families. This legislation was vigorously opposed by the New York State School Boards Association and the NYS Department of Education among other
Advokidsblog - October 03, 2006
On September 22, 2006, the First Appellate Division affirmed a lower court ruling by New York County Surrogate Eve Preminger upholding the constitutionality of the Health Care Decisions Act in The Matter of Chantel R. New York State’s Mental Hygiene Legal Service (MHLS) argued tha
Advokidsblog - August 02, 2006
On June 22, 2006 the New York State Legislature passed S.8354, legislation that placed the burden of proof in special education impartial hearings on the school district, thus maintaining the status quo in New York State for the last 30 years. The legislation was passed in response to the Schaef
Advokidsblog - May 19, 2006
For parents of children with disabilities the scheduling of an IEP meeting is fraught with trauma and anxiety. This annual meeting will determine whether a disabled childs needs will be successfully met for the next year–or so we fear.
As parents we have a unique perspective on the
Advokidsblog - April 23, 2006
On March 23, 2006 the New York State Court of Appeals released its ruling that upheld the Health Care Decision Act granting 17a Guardians the right to make end of life decisions for people with mental retardation irrespective of the date that the 17A Guardian was appointed. This is a very import
Advokidsblog - April 12, 2006
Brown v. Board of Education ended segregation by rejecting the concept of separate but equal education in 1954. The IDEA guaranteed a free and public education to every child with a disability in 1975–twenty years after Brown. Schaffer v. Weist, decided in 2005, is chipping away at the guar
Advokidsblog - April 03, 2006
Some of you may remember my post several months ago “I don’t want to live here any more” discussing my daughter’s desire to live in a community residence. Well, on Monday, February 6, Lauren’s dream came true. She moved into a community residence with 5 other wome
Advokidsblog - January 20, 2006
Three years ago Lauren came home from her day program and announced that “I don’t want to live here any more!!!” I asked her what was wrong, I was aghast–what had we done to want her to leave??? After a while I realized that Lauren wanted to be like everyone else–al
Advokidsblog - January 20, 2006
The Supreme Court decision in Schaefer v. Weist decided who bears the burden of proof in an administrative hearing assessing the appropriateess of an IEP.
In the decision, Justice O’Connor wrote: “If parents believe their child’s IEP is inappropriate, they may request an
Advokidsblog - November 15, 2005
The Supreme Court issued its ruling on the issue of who bears the burden of proof in special education cases today. The Court held that the burden of proof is on the party that brings the action—which is usually the parents. More on this later.
Advokidsblog - November 15, 2005
Today is the day that the elderly and disabled begin to choose a Medicare Prescription Plan under Medicare Part D. This is a particularly difficult decision for the developmentally disabled and mentally retarded. What is meant by dual eligible? Dual eligibility means individuals who are covere
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