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Appeals Courts Back Protection & Advocacy Agencies'
Authority to Investigate Public Schools Abuse and
Neglect Decisions affirm federally mandated access to
Protect rights of people with disabilities

For Immediate Release
September 19, 2006
Contact:
Wil Firmender, Communications Associate
202.408.9514 x101

WASHINGTON - Last week, unanimous decisions by two
Separate U.S. Circuit Courts reaffirmed the authority
Of Congressionally- mandated protection and advocacy
Systems to fully investigate abuse and neglect in
Public schools.

"We hope these cases will finally put to rest
Questions of P&A access authority in investigating
Cases of abuse and neglect in whatever setting they
May occur," said Curt Decker, executive director of
The National Disability Rights Network (NDRN). "It has
Always been Congress' intent that P&As have broad
Investigatory authority - anything that would thwart
That access is unacceptable."

More than 30 years ago, Congress created the
Protection and Advocacy (P&A) System - with agencies
In every state and territory - to investigate abuse
And neglect and protect the rights of individuals with
Disabilities. In 2000, Congress expanded the authority
Of P&As to protect the rights of individuals with
Mental illness in non-residential settings, including
Public day schools. Despite this clear Congressional
Mandate, the Hartford Transitional Learning Academy
(HTLA) in Connecticut and the Department of Public
Instruction in Wisconsin tried to block P&A
Investigations.

In the first case to be decided, the Seventh Circuit -
Covering Wisconsin, Illinois, and Indiana - vacated a
Lower court ruling that would have allowed DPI to
Withhold from the Wisconsin P&A - Disability Rights
Wisconsin (DRW) - an investigation report containing
The names of elementary students held in a "timeout"
Room. In the 19-page decision, the Seventh Circuit
Found that "to withhold the records is to give DPI the
Last word over the abuse and neglect of the disabled
Or mentally ill. This clearly defeats the purpose of
DRW and the P&A statutes."

Similarly, the Second Circuit - covering Connecticut,
New York, and Vermont - affirmed a permanent
Injunction Friday allowing the Connecticut Office of
Protection and Advocacy (OPA) for Persons with
Disabilities access to students and parental contact
Information at the Hartford Transitional Learning
Academy (HTLA). Conflict over OPA's access to HTLA
Arose in February 2004, when the agency launched an
Investigation into reports from parents and others
Concerning incidents of improper use of restraint and
Seclusion and related student injuries.

OPA was able to complete its investigation and publish
Its findings after an injunction was issued in
February 2005, but the school appealed the legal basis
Of the District Court's order. Upon invitation by the
Second Circuit Court of Appeals, the U.S. Departments
Of Education and Health and Human Services submitted
An amicus brief urging affirmation of the lower court
Decision, in which the court ruled that the P&A was
Entitled to investigate abuse and neglect in
Non-residential settings under the federal access
Authority granted in federal acts authorizing P&A
Abuse and neglect investigations.

"These decisions are a tremendous victory for special
Education students and their parents," said OPA
Executive Director Jim McGaughey. "They make very
Clear that the P&A authority to investigate abuse and
Neglect does not stop at the school house door. This
Is especially important as increasing numbers of
Students with emotional and behavioral disabilities
Are educated in local schools."

A copy of the Connecticut decision can be found at
http://www.ndrn.org/amicus/CT_FERPA_Op.pdf

A copy of the government brief in the Connecticut case
Can be found at
http://www.ndrn.org/amicus/ct_ferpa_doj.pdf

A copy of the NDRN amicus brief in the Connecticut
Case can be found at
http://ndrn.org/amicus/briefs/0506access_OPA_HTLA.pdf

A copy of the Wisconsin decision can be found at
http://www.ndrn.org/amicus/WI_access.pdf

A copy of the NDRN amicus brief in the Wisconsin case
Can be found at
http://www.ndrn.org/amicus/briefs/0106WCA.pdf