Legislative Resources

Education Hearings and Appeals
www.ed-oha.org
This new resource provides a searchable index of hearings and decisions from the Office of Hearings and Appeals (OHA). It also contains detailed instruction on how to file a complaint, a calendar to assist in scheduling a hearing, and contact information for people working at the OHA.

EDLAW, Inc.
www.edlaw.net
This resource supplies the text of landmark legislation such as IDEA and Section 504, and provides a list of attorneys who represent families of children with disabilities.

Find Out How Congress Voted
http://clerk.house.gov
This site provides a list of recent bills, a short description of the debate, and an account of how each senator and representative voted.

Full-text state statutes and legislation on the Internet
www.prairienet.org/~scruffy/f.htm
This page seeks to link to sites containing full-text state constitutions, statutes (also called codes), legislation (bills, amendments and similar documents) and session laws (laws as they appear before codification).

A Guide to Disability Rights Laws.
www.usdoj.gov/crt/ada/cguide.htm
Provides an overview of key federal laws affecting people with disabilities, including the ADA, the Fair Housing Act, IDEA, and the Rehab Act.

THOMAS: Legislative Information on the Internet
http://thomas.loc.gov
The site includes major legislation, summaries of bills, text of the Congressional Record, committee information, and is a service of the Library of Congress.

Wrightslaw
Parents, advocates, educators, and attorneys come to Wrightslaw for accurate, up-to-date information about special education law and advocacy for children with disabilities. You will find articles, cases, newsletters, and resources about dozens of topics in the Advocacy Libraries and Law Libraries.
http://www.wrightslaw.com

[IPUT4-TampaAutism] Digest Number 52

ED PERFORMANCE & ACCOUNTABILITY

Twenty-Fourth Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act

Table of Contents-Executive Summary

PDF (206K) | MS Word (390K)

Fair Hearings for APD Florida

> Members and Friends:
>
> As many of you may know, on Aug. 8, 2006, the First District issued a
> decision requiring that upon demand, an aggrieved person with
> developmental
> disabilities (Chapter 393 applicant or consumer) is entitled to have
his
> or
> her challenge heard by a DOAH Administrative Law Judge (ALJ) rather
than a
> DCF hearing officer. This means that people can request a fair
hearing or
> a
> hearing under Chapter 120 with an Administrative Law Judge.
>
> APD intends to stop this from happening. In addition to seeking a
> rehearing
> on the matter, APD has filed a petition with the Administration
Commission
> (i.e. the Governor and the Cabinet) to allow the Agency to ignore the
> Court's decision and continue the use of fair hearings as the only
> alternative until at least 90 days after the upcoming legislative
session.
>
> APD only wants to use fair hearings as it has been doing, and wrongly
> claims
> that Medicaid funds are in jeopardy if the Court's decision is
> implemented.
> Attorneys from various advocacy groups are constructing a legal
argument
> to
> refute APD's claim.
>
> As you know and have shared with us and others, the fair hearings are
not
> "fair." Hearings before an Administrative Law Judge have certain
> characteristics that are believed by some to make them a better venue
than
> the fair hearings. We believe people are entitled under law to have a
> choice, but that neither the fair hearing process currently used by
APD or
> the ALJ hearing venue are perfect, and would like to work with APD and
> others to design a better alternative. We think the Agency may be
open to
> considering improvements to the fair hearing process.
>
> In the meantime, we need your help. We need as many people as
possible to
> tell us in a couple of paragraphs about their experience in the fair
> hearing
> process. We will summarize what you tell us and use it before the
> Administration Commission to help them understand why they should not
> approve APD's petition. We will also use the information to recommend
a
> more "fair" fair hearing, so please give us your recommendations on
how to
> change the process. Your confidentiality will be protected, in fact,
> names
> of those involved in cases you tell us about are not necessary.
>
> There will also be an opportunity for people to testify before the
> Administration Commission when it meets in October. The Governor's
and
> Cabinet aides (i.e. the Administration Commission) meet on October
11th,
> and the actual Administration Commission meeting is scheduled for
October
> 17th.
>
> In addition, staff to the Governor and Cabinet will be conducting a
public
> hearing on September 25th at 1pm here in Tallahassee. The purpose of
this
> hearing is to learn more about the issue so they can tell their bosses

> what
> the disability community thinks about APD's request to ignore the
Court's
> decision. Please tell me if you are willing to consider testifying in
any
> of these important meetings.
>
> We need to have a lot of people up here to make an impact, and also
need
> information on the experiences with the fair hearings in which they
have
> participated as soon as possible.
>
> You are also encouraged to spread the word to others in your network
> knowledgeable of the fair hearings process and urge them to advocate
on
> the
> behalf of individuals with disabilities by also sending me information
on
> their experience with fair hearings and indicating whether they are
> willing
> to testify.
>
> Thank you in advance for your help on this important
> matter...........regards.........john
>
> John C. Hall
> Executive Director
> ARC/Florida
> 2898 Mahan Dr., Suite 1
> Tallahassee, Fl. 32308
> (850) 921-0460
> Fax (850)921-0418
>

16th ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, 2006

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

The Americans with Disabilities Act (ADA) has helped fulfill the promise of America for millions of individuals living with disabilities. The anniversary of this landmark legislation is an important opportunity to celebrate our progress over the last 16 years and the many contributions individuals with disabilities make to our country.

When President George H. W. Bush signed the ADA into law on July 26, 1990, he called this legislation a "dramatic renewal not only for those with disabilities but for all of us, because along with the precious privilege of being an American comes a sacred duty to ensure that every other American's rights are also guaranteed." The ADA's far-reaching reforms have played a significant role in enhancing the quality of life for millions of Americans who must overcome considerable challenges each day in order to participate fully in all aspects of American life.

My Administration continues to build on the progress of the ADA through the New Freedom Initiative. We have established an online connection to the Federal Government's disability-related information and resources at DisabilityInfo.gov, and the job training and placement services of the "Ticket to Work" program and One?Stop Career Centers are promoting greater employment opportunities. We are also expanding educational opportunities for children with disabilities, providing them with the tools they need for success in their classrooms, homes, and communities. In addition, we are fostering technological advancement and encouraging increased distribution of assistive technology to help people with disabilities live and work with greater independence. My Administration will continue its efforts to remove barriers confronting Americans with disabilities and their families so that every individual can realize their full potential.

On this anniversary of the ADA, we underscore our commitment to ensuring that the fundamental promises of our democracy are accessible to all our citizens. As we strive to be a more caring and hopeful society, let us continue to show the character of America in our compassion for one another.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2006, as a day in celebration of the 16th Anniversary of the Americans with Disabilities Act. I call on all Americans to celebrate the many contributions of individuals with disabilities as we work towards fulfilling the promise of the ADA to give all our citizens the opportunity to live with dignity, work productively, and achieve their dreams.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty?fifth day of July, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirty-first.

GEORGE W. BUSH