Training and Advocacy Support Center of the National Disability Rights Network

Last updated: 03/10/09

**information subject to change**

Key to Available Continuing Education:

CLE -- Legal (Continuing Legal Education)

CRC -- Rehab Counselors (Certified Rehabilitation Counselors)

NASW -- Social Work (National Association of Social Workers)

PAL (Passport to Advocacy Learning)

COM -- Communications Skills

ORG -- Organizational Skills

COS -- Community Organizing Skills

ADV -- Advocacy Skills

SLS -- Substantive Legal Skills

CC -- Cultural Competence

TECH -- Technology

Monday, March 16, 2009

8:30 am – 5:00 pm

Legal Directors Meeting                 Salon B

Ira Burnim, Legal Director, Bazelon Center for Mental Health Law

Kerry Chlarson, Managing Attorney, Disability Law Center (UT)

Curt Decker, Executive Director, National Disability Rights Network

David Hutt, Senior Staff Attorney, National Disability Rights Network

Archie Jennings, Chair, TASC Legal Committee, Legal Director Disability Rights Center

of the Virgin Islands

William Phelan, Commission on Mental and Physical Disability Law American Bar

Association

This full-day meeting presents an opportunity for P&A/CAP Legal Directors to join together to: discuss the issues and challenges that impact their dual roles to provide visionary leadership to the P&A/CAP legal program, and ensure the delivery of high quality legal services; learn new skills; and renew and deepen commitment to the work of their P&A/CAP.

Learning Objectives

1.    Develop or enhance skills and practices related to the management of legal staff.

2.    Identify best practices and new strategies for the recruitment, hiring and retention of attorneys who reflect cultural, linguistic and disability diversity.

3.    Gain a greater awareness of successful legal strategies used by P&A/CAPs and discuss new initiatives including a multi-P&A/CAP strategy on reducing restraint and seclusion in schools.

PAIMI Institute                 Laurel A\B\C

Karen Armstrong, Program Officer, Center for Mental Health Services, SAMHSA

Arthur Cutler, Senior Organizational Development Manager, National Disability Rights Network

John Morrow, Chief State Planning and Systems Development, Center for Mental Health

Services, CMHS

Byron Monte Stith, Disability Advocacy Specialist, National Disability Rights Network

Nainan Thomas, Project Officer, Center for Mental Health Services, SAMHSA

Nachama Wilker, Deputy Executive Director for Training and Technical Assistance, National Disability Rights Network

The PAIMI Advisory Council training institute provides a forum for PAIMI Chairs, Council members, and Coordinators to come together and discuss issues affecting the PAIMI community. This training institute focuses on positioning PAIMI Council members as leaders within their communities, demonstrating how Councils can work toward establishing themselves as a major voice in the mental health community. Through activities, presentations, and discussion, participants are provided hands-on opportunities to develop and promote leadership skills. Other topics covered include advocacy the voice of recovery, employment issues in the mental health community, the Council’s role in priority setting, and preparing the P&A Performance Progress Report (PPR).

Learning Objectives

Understand the “Four Framework” leadership approach, and the method for implementing it in leadership situations.

Know how to incorporate communication as a tool for effective leadership in one’s community.

Understand the PAIMI Council’s role in providing powerful narratives to be included in the PPR.

Apply effective leadership skills in assisting their P&A with the priority setting process.

TBI Grantees Meeting                 Salon A

Bettie Beckworth, Director, Office of Acquired Brain Injury, Texas Health and Human

Services Commission
Jane Martin Heppel, PATBI Program Officer, Human Resources Services Administration

Mary Hoel, Senior Product Analyst, SAIC

Elizabeth Priaulx, Disability Legal Specialist, National Disability Rights Network

Steven Schwartz, Executive Director, Center for Public Representation

Tom Tarantino, Policy Associate, Iraq and Afghanistan Veterans of America

Joseph Zengerle, Executive Director, Clinic for Legal Assistance to Service members,

George Mason University School of Law

This is a forum for PATBI advocates to discuss shared goals, best practices, and advocacy barriers. Topics covered include: P&A reporting requirement; PATBI initiatives related to employment; identifying TBI in juvenile facilities; and outreach and legal services to veterans.

Learning Objectives

Understand upcoming changes to PATBI federal reporting requirements.

Identify current employment initiatives of P&As and whether they may be feasible and appropriate in another state in meeting the needs of some individuals with TBI.

Identify potential approaches to expand outreach to veterans with TBI by encouraging the development of a veterans legal clinic in a law school, and/or working strategically with the military community.

Assess whether a TBI screening program used in juvenile justice facilities in Texas might be replicated effectively.

Investigative Interviews of Individuals with Intellectual Disabilities   Kent A\B\C

Robert Giles, Senior Attorney, National Center for Prosecution of Child Abuse, National

District Attorneys Association

Nick Krayger, Director of Education, The Children’s Guild

Suzanna Tiapula, Director, National Center for Prosecution of Child Abuse, National

District Attorneys Association

This institute is specifically designed for P&A staff who have responsibility for interviewing individuals with intellectual disabilities in abuse and neglect investigations. In this course, attendees experience an immersion in the latest research-based information on interviewing techniques, and develop a basic understanding of the structure of an interview and how to prepare for an interview, conduct the interview and follow-up with appropriate consultations, referrals and legal steps.

Learning Objectives

1. Discuss why individuals with intellectual disabilities may be more victimized than those without intellectual disabilities, and why they are often erroneously believed to be poor witnesses.

2. Develop pre-interview skills, including: identifying the goals of the interview; establishing collaboration with other stakeholders; learning about the interviewee’s developmental and cognitive needs and history of traumatization; identifying what other information to gather before the interview; and reducing the potential for retraumatization.

3. Describe the interview process and techniques (e.g., recommended protocols, stages, process of disclosure, question formulation, follow-up).

4. Identify special considerations that an interviewer must take into account when interviewing low income children of color.

Employment Summit                 Salon D

Cheryl Bates-Harris, Senior Disability Advocacy Specialist, National Disability Rights Network

Kerry Chlarson, Managing Attorney, Disability Law Center (Utah P&A/CAP)

Elizabeth Eskew, Advocate/Investigator, Disability Rights Center (Arkansas P&A/CAP)

Cindy Gardner, Senior Staff Attorney, Disability Law & Advocacy Center of Tennessee

Ruby Moore, Executive Director, Georgia Advocacy Office, Inc.

Employment is a critical component of community integration. This full day institute is designed to bring P&As together for an in-depth discussion around the support needs of people with disabilities in terms of employment -- what it really means to be employed, and what P&As are doing in this area. Persons with disabilities who are gainfully employed in their career of choice share how that has affected their lives. Discussions and information sharing include: how to identify true barriers to employment in both the competitive and segregated environments; identifying underserved populations with regard to employment advocacy; strategizing about methods to improve services to this population; the interplay between funding sources; and best practices for employment of people with disabilities, both within the P&A system as well as in the community. The goal is to inspire a renewed commitment for employment of people with disabilities to be a high P&A priority.

Learning Objectives

Recognize systemic barriers to employment, including discrimination, and constructive strategies for responding that improve employment opportunities for individuals with disabilities.

Understand how perpetuating subminimum wages and segregation diminishes principles of full inclusion and full participation in the economic well-being of the country, and how to advance systemic change of outdated policies.

Learn to recognize the disparate impact of public programs on minority and disability population groups.

Identify proactive approaches that P&As can use to improve employment practices that can change the landscape of how employment for persons with disabilities is approached, maximizing their full employment potential.

Due Process Hearing Skills               Salon E

Steven Elliot, Senior Attorney, Advocacy, Inc. (Texas P&A)

Mark McWilliams, Staff Attorney, Michigan Protection & Advocacy Service, Inc.

Diane Smith, Staff Attorney, Disability Rights Center (Maine P&A)

Jeffrey Spitzer-Resnick, Managing Attorney, Disability Rights Wisconsin

Joseph Tulman, Professor of Law, David A. Clarke School of Law

This all day institute is designed to improve the skills of attorneys and advocates who handle, or may handle, special education due process hearings. It begins with a discussion of how to determine whether a case should go to due process. Through discussion, simulation and role play, it then works through the stages of a due process hearing, including complaints, motions, discovery, preparation of witness testimony, direct and cross-examination, and objections. It also covers practical issues such as locating, screening and preparing experts, and how to organize and maintain hard copies of exhibits to be able to retrieve them and question witnesses. Model pleadings are provided as a resource. Prior to attending this Institute, participants are encouraged to review the session on due process from the IDEA 101 webcast series available at:http://www.ndrn.org/TASC/issues/edu/Default.htm.

Learning Objectives

Identify factors to consider in making effective determinations about whether to request a due process hearing in a case.

Describe practical issues to consider in locating, screening, and preparing experts.

Develop skills for handling a due process hearing, from filing the request through final resolution, including more effectively organize documents for potential use as exhibits throughout the hearing.

Address issues when representing clients who are bilingual or whose native language is other than English.

National Institute for Trial Advocacy (NITA) Training – Depositions   Essex A\B\C

Mary Commander, Public Service Program Coordinator, National Institute for Trial Advocacy

Other speakers TBA

The National Institute of Trial Advocacy (NITA), in cooperation with TASC, offers this two-day workshop on deposition skills. Using a simulated case file this two-day program will provide a strong framework of basic techniques and allow participants to observe and then execute a variety of questioning methods. Participants will learn how to elicit expansive, exhaustive answers, identify other potential sources of information, close off avenues of escape, test theories, and defend witnesses. NITA is the premier provider of “learn-by-doing” programs, which enable participates to learn trial skills by working in small groups to practice the skill under the watchful eye of an experienced advocacy faculty, who critique the performance and give detailed feedback. NITA has a commitment to providing low-cost training to public service attorneys.

Monday, March 16, 2009

Tuesday, March 17, 2009

8:30 am – 10:00 am

General Session:Mining the Potential of the New ADA     Salon C\D\E

Curtis Decker, Executive Director, National Disability Rights Network

Michael Eastman, Executive Director, Labor Law Policy, U.S. Chamber of Commerce

Chai Feldblum, Professor of Law and Director of the Federal Legislation clinic at

Georgetown University Law Center

Christine Griffin, Commissioner, Equal Employment Opportunity Commission

Margaret Johnson, Advocacy Director, Disability Rights California

A series of Supreme Court decisions severely narrowed who is covered by the Americans with Disabilities Act, and many individuals with disabilities found themselves no longer covered by the Act. The ADA Amendments Act (ADA-AA) of 2008 takes critical steps to restore the 1990 law to its original intent. The ADA-AA was signed into law on September 25, 2008 by President George W. Bush, 18 years and two months after his father, President George H. W. Bush, signed the original ADA. The ADA Amendments Act was passed by the Senate (unanimously, on September 11) and the House (by voice vote, on September 17). The law's effective date is January 1, 2009. Specific language in the ADA-AA was the result of negotiations between the disability and civil rights communities, on the one hand, and the business community, on the other, working with the bill's proponents in Congress. Members of the negotiating teams will talk about the process that led to the historic agreement to reverse the Supreme Court decisions and pass the ADA Amendments Act of 2008.

EEOC Commissioner Christine Griffin will talk about the implementation of the ADA Amendments Act which should result in individuals with disabilities not having to be overly concerned about whether they are covered by the ADA but rather focusing on getting and keeping jobs and having their rights protected if they are discriminated against because of their disabilities by their employers.

10:30 pm – noon

Reality Check About Our Underlying Assumptions about Employment Salon E

Sakena McWright, MFP Project Coordinator, DC Department on Disability Services

Ruby Moore, Executive Director, Georgia Advocacy Office, Inc.

This introspective and interactive session explores our internal assumptions about the ability of people with disabilities to work, and challenges us to identify prejudices that we might hold that interfere with our fully supporting our client’s aspirations. Participants can complete a self-assessment of their underlying assumptions that define “employment”. What does employment of people with disabilities really mean? What defines employment – hours, wages or location? Do assessments of persons with disabilities really measure strengths or weaknesses when it comes to employment?

Learning Objectives

Identify erroneous underlying assumptions about the abilities of people with disabilities to work, and how people arrived at them.

Reflect upon and share experiences about people with disabilities that can cause people to change their minds about their flawed assumptions.

ADA Amendments Act Update               Laurel C\D

Christine Griffin, Commissioner, Equal Employment Opportunity Commission

Peggy Mastroianni, Associate Legal Counsel, Equal Employment Opportunity Commission

The ADA Amendments Act of 2008 (ADA-AA) -- signed into law on September 25, 2008 and effective January 1, 2009 -- carries out the original ADA's objectives by expressly rejecting Supreme Court cases that narrowly construed the definition of "disability" under the ADA. The critical inquiry under the amended law is no longer whether the individual has a “disability”, but whether employers have failed to comply with their obligations to reasonably accommodate applicants and employees with disabilities, or have otherwise discriminated against them because of their disabilities. The EEOC has been explicitly granted authority to draft regulations defining “disability” using a less strict standard for “substantially limits” than “severely restricts,” as well as developing other relevant regulations and guidance materials. EEOC Vice-Chair Griffin discusses the new definition of “disability” and other changes in the EEOC regulations as a result of the ADA-AA.

Learning Objectives
1. Identify the scope of the statutory changes in the ADA-AA.

2. Understand any new EEOC regulations implementing the ADA-AA, and what they are intended to cover.

3. Know how to counsel clients about the requirements of the new law.

Disputing the Fundamental Alteration Claim in Olmstead Litigation Salon B

Ira Burnim, Legal Director, Bazelon Center for Mental Health Law

Steven Schwartz, Executive Director, Center for Public Representation

A state's claim of fundamental alteration is one of the toughest and most expensive that P&As must respond to in Olmstead litigation. Presenters provide an analysis of case law that explores how current Olmstead case law on fundamental alteration has been influenced by factors specific to the state at issue. They also will facilitate a discussion of relevant issues including: how to identify experts, what expert qualifications are needed, how to prepare for expert costs; and how to ensure that the burden of proving a “fundamental alteration” remains on the state.

Learning Objectives

Identify strategies for overcoming a state's fundamental alteration claim in Olmstead litigation.

Understand the role of experts in overcoming the fundamental alteration defense.

Consider what their state has already done or not done to promote community integration that may or may not provide a good defense to an Olmstead suit.

Monitoring Care & Treatment of Youth with Disabilities in      Kent A\B\C

JJ Facilities

Robert Fleischner, Assistant Director, Center for Public Representation

Christy Johnson, Senior Case Advocate, Alabama Disabilities Advocacy Program

Presenters provide practical advice about monitoring care, treatment, and services for children and youth with disabilities in secure juvenile justice facilities for youth. Topics covered include getting into facilities, what to look for, how to look for it, and what to do with what you see. Although this is a “basic” course for those unfamiliar with JJ facilities, others are welcome to contribute to the discussion and share lessons they have learned doing this type of monitoring.

Learning Objectives

Identify approaches to overcoming obstacles to P&A access to JJ facilities, and the residents and records in them.

Monitor more effectively the care and treatment of youth with disabilities in a JJ facility.

Appreciate the need for addressing cultural barriers to communicating with youth and staff in JJ facilities.

P&A Orientation                    Laurel A\B

Curtis Decker, Executive Director, National Disability Rights Network

Margaret Johnson, Advocacy Director, Disability Rights California

Nachama Wilker, Deputy Executive Director for Training and Technical Assistance,

National Disability Rights Network

Are you new to the P&A/CAP system? Is this your first TASC conference? For those who answer yes to either of these questions, this workshop is an opportunity to obtain information about the P&A system, including its history to ask questions and to network with peers.

Learning Objectives

1. Understand the origin of the P&A system, its programs and the range of approaches that P&As can use accomplish their mission.

2. Identify the training and technical assistance resources available through TASC, and how to access them.

3. Appreciate the importance of cultural competency in fulfilling the goals of the P&A system.

Systemic Litigation to Challenge IDEA Violations         Salon A

Ruth Lowenkron, Senior Attorney, Education Law Center

Leslie Seid Margolis, Managing Attorney, Maryland Disability Law Center

Jeffrey Spitzer-Resnick, Managing Attorney, Disability Rights Wisconsin

The days of throwing together a class-action lawsuit with every possible claim imaginable are over (if they ever truly existed). In light of court decisions that limit systemic litigation and the increasingly sophisticated tactics of the defense bar, litigation strategies need to be carefully planned and executed. Assuming the continued viability of systemic litigation to enforce compliance with the IDEA, this session offers strategies for success by exploring all stages of systemic litigation, using actual cases as a context. It begins by discussing how to analyze a case to determine if it is appropriate for systemic litigation and, if so, what type of litigation to pursue (e.g., class action, declaratory judgment, injunction), and what claims to include. Proceeding through the stages of litigation – complaint, motions for preliminary relief, discovery, motions to dismiss, summary judgment, trial, and enforcement – and using “war stories” from actual cases currently being litigated, the presenters analyze what works, what does not work, and pitfalls to avoid. Model pleadings for various stages of litigation are provided.

Learning Objectives

Analyze cases more effectively to determine if they are appropriate for systemic litigation.

Make appropriate decisions about claims to include in a Complaint when initiating systemic litigation.

Apply lessons learned by other litigators to successfully navigate through the stages of systemic litigation.

Develop sensitivity to cultural issues relating to students with disabilities when litigating systemic cases.

Access Authority 101                 Salon D

Jane Hudson, Senior Staff Attorney, National Disability Rights Network

This workshop provides participants with a basic understanding of P&A access authority under the Developmental Disabilities Assistance and Bill of Rights (PADD) Act, the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, and the Protection and Advocacy for Individual Rights (PAIR) program.

Learning Objectives

Describe the access authorities that P&As have under the PADD and PAIMI Acts and the PAIR program: (a) during an abuse/neglect investigation; and (b) when monitoring for health/safety issues in a facility.

   2. Apply these laws to common scenarios in which the P&A is attempting to gain access to individuals, records or locations;

   3. Identify situations in which P&A access has not been completely resolved (e.g., access to: public schools, to names and contact information of parents/guardians, peer review records).

   4. Explain the importance of P&A access to individuals with disabilities and their parents/guardians whose personal privacy concerns might make them unreceptive to oversight by "watch dog" agencies such as P&As.

1:30 pm – 3:00 pm

An Effective Role for the State Rehab Council         Salon E

Geoff Peterson, Program Coordinator, The Legal Center(Colorado P&A/CAP)

Karen Stanfill, CAP Coordinator, Advocacy, Inc. (Texas P&A/CAP)

Pam Stratton, CAP Director, ASIST, Inc. (Alaska CAP)

Title I of the Rehabilitation Act requires an active role by State Rehabilitation Councils (SRC) in working to implement each state’s vocational rehabilitation plan. As a permanent SRC member, CAP can play an important role on the Council. Presenter’s discusses the requirements for the SRC, and share experiences in attempting to create an SRC that responds to the needs of individuals with disabilities.

Learning Objectives
1.   Understand the requirements of the SRC as contained in the Rehabilitation Act.
2.    Articulate the CAP’s role on the SRC.
3.    Consider ways to make the SRC more effective.

Using Medical Experts in Employment Cases         Laurel C\D

Daniel Kohrman, Senior Attorney, AARP Foundation Litigation

Daniel Lorber, Director of Endocrinology and Associate Director of Research,

New York Hospital

The ADA Amendments Act of 2008 should make it easier to establish that a client is an individual with a disability and therefore covered by the ADA. Nonetheless, establishing “disability” is still a requirement, and issues about whether a disability may result in an individual not being “otherwise qualified” to perform the job, with or without reasonable accommodations, will need to be addressed. It continues to be critical for disability advocates to know how to obtain medical information about clients from physicians, and to effectively prepare healthcare professionals to testify about disability and job safety issues. Dr. Daniel Lorber and attorney Daniel Kohrman discuss potential pitfalls and provide guidance on preparing medical experts for deposition or trial in an employment discrimination case.

Learning Objectives

Understand the need to effectively prepare medical experts to testify.

Develop knowledge and skills to approach medical experts and prepare them for deposition or testimony at trial.

Understand communications skills that can assist experts and jurors to understand the legal standards under the ADA as well as the real and individualized effects of physical and mental impairments in the workplace.

Olmstead and Section 1983 Round Up           Salon B

Jennifer Mathis, Deputy Legal Director, Bazelon Center for Mental Health Law

Sarah Somers, Staff Attorney, National Health Law Program

This workshop provides a review and analysis of significant ADA and Medicaid Olmstead cases, and a discussion about how to respond to challenges to Section 1983 lawsuits, including the use of preemption to avoid such challenges.

Learning Objectives

Articulate the range of populations that disability advocates are representing using an ADA integration mandate claim.

Use needed insights to help weigh the pro's and con's of filing an Olmstead suit in their state, and if they do, whether to add Medicaid claims into the suit.

Identify strategies for avoiding a defendant’s potential Section 1983 challenge when a Medicaid claim is plead.

Better understand the preemption doctrine, and how civil rights advocates have used it to avoid enforceability challenges under Section 1983.

Moving From Advocacy to Implementation: Managing Success      Kent A\B\C

Robert Schwartz, Executive Director, Juvenile Law Center

Judith Storandt, Senior Staff Attorney, National Disability Rights Network

This “advanced” workshop addresses implementation challenges of systemic reforms after securing a legislative, regulatory, litigation, or other “victory”, including pre-litigation settlements, and settlements and consent decrees in systemic litigation. An experienced litigator and children’s advocate shares lessons learned from managing “success”. Persons attending this workshop are encouraged to share their insights, and raise strategy questions about cases they are litigating.

Learning Objectives

1. Appreciate implementation challenges after securing a settlement, consent decree, or court-ordered remedial plan for systemic reform.

2. Understand approaches to anticipating and addressing implementation challenges during system-reform advocacy initiatives.

3. Have a better awareness of the systemic barriers within governmental agencies/ departments that impact the implementation of reforms, and how to address them.

Strategic Planning and the P&A             Laurel A\B

Arthur Cutler, Senior Organizational Development Manager, National Disability Rights Network

Developing a meaningful strategic plan for a P&A can involve a variety of perspectives, models and approaches. The way that a strategic plan is developed depends on the nature of the organization's leadership, its culture, the complexity of its environment, and even its size. This workshop provides models for strategic planning as well as useful information that a P&As board, management, and staff should know before embarking on such an endeavor. It also focuses on including the strategic plan in the comprehensive evaluative process of the entire organization.

Learning Objectives

Describe the process of strategic planning and how it differs from priority setting.

Understand the pre-planning phases associated with developing a successful strategic plan, and the role that each entity within the organization contributes to achieving this goal.

Identify various models to approaching strategic planning and using this process to garner valuable information about outreach to under-served/unserved populations in your respective community.

AT, Work and Transition-Aged Youth             Salon A

Steven Elliot, Senior Attorney, Advocacy, Inc. (Texas P&A)

James Sheldon, Supervising Attorney, National AT Advocacy Project

Students with disabilities and their families may need to identify a range of assistive technology (AT) they will need as they finish their last years of high school, move into higher education, and plan to enter the workforce. Using a case scenario, presenters facilitate a discussion about how a young person will access several funding sources, including special education programs, Medicaid, Medicare, vocational rehabilitation programs, and Social Security work incentives that will be needed to meet a range of AT needs over a period of several years.

Learning Objectives

1. List a range of AT devices available to help youth with disabilities: succeed in education at the high school and college levels; and leave home to attend school/college or work, and succeed in the workplace.

2. Describe the short-term and long-term planning needed to assist young persons with disabilities identify the AT they need to successfully move from high school to college, and then to self-supporting employment.

3. Identify at least five potential funding sources to allow the young person to acquire the needed AT in a timely manner.

4. Apply advocacy strategies needed to successfully advocate for a range of AT devices through different funding sources.

Guardianship 101                   Salon D

Robert Fleischner, Assistant Director, Center for Public Representation

Barry Lowy, Senior Attorney, Equip for Equality (Illinois P&A)

P&As frequently encounter guardianship issues when advocating on behalf of individuals with disabilities who want to move into more integrated settings, live in accessible housing, obtain meaningful employment, and vote. Also, P&A clients often have guardians with whom the P&A must interact. Therefore, it is important for P&A attorneys and advocates to have a basic understanding of guardianship issues and have a perspective of a guardian's role, responsibilities, and authority.

Learning Objectives

Describe the modern purposes of guardianship and the processes for establishing guardianships.

Identify the standards guardians must follow in making decisions, and the guardian's role in course of representation, and understand who is the P&A's client when an individual has a guardian.

Identify less restrictive alternatives to guardianship, and develop strategies to assist individuals with disabilities in opposing guardianships/removing guardians.

Understand how cultural perspectives on health care may impact a guardian's decision-making, and develop strategies for informing courts and guardians ad litem of cultural perspectives in the context of guardianship cases.

3:30 pm – 5:00 pm

AT and Voc Rehabilitation               Salon E

Gretchen Knauff, Assistant Director, Office of Protection & Advocacy for Persons with

Disabilities (Connecticut P&A/CAP)

Barbara Konow, Human Services Advocate, Office of Protection and Advocacy for Persons

with Disabilities (Connecticut P&A/CAP)

Assistive technology (AT) can be one of the most important factors that allows an individual with a disability to obtain employment, and become and/or remain independent. This workshop focuses on how AT can fit at different steps in the vocational rehabilitation process.

Learning Objectives

Understand the role AT can play in the rehabilitation process.

Learn strategies for obtaining AT for clients.

Understand how certain AT devices may be appropriate for certain individuals.

Schedule A - Hiring Authority for People with Disabilities        Laurel C\D

Christine Griffin, Vice-Chair, Equal Employment Opportunity Commission

Schedule A Hiring Authority allows persons with disabilities to be hired for federal employment through a non-competitive process. Although the process was updated as recently as July 2006, the employment rate for individuals with significant disabilities is declining in the federal government. This workshop discusses a new EEOC initiative to increase employment of persons with disabilities in the federal government, and how disability advocates can support their increased employment .

Learning Objectives

Identify the “targeted disabilities" that qualify for Schedule A hiring.

Learn how to encourage VR, ENs, and other employment services to utilize and encourage the use of this program to increase employment of persons with disabilities

Enhance their cultural competency in P&A advocacy and outreach activities.

Supreme Court Round-Up               Salon B

Samuel Bagenstos, Visiting Professor of Law, University of Michigan Law School; Professor

of Law, Washington University School of Law

This workshop provides an overview and discussion of recent U.S. Supreme Court decisions and pending cases that have implications for individuals with disabilities and litigation brought on their behalf.

Learning Objectives

1. Identify cases decided or pending during the Supreme Court’s 2008 and 2009 Terms that may impact people with disabilities.

2. Understand the high court’s most important decisions impacting people with disabilities;

3. Recognize what to look for during the Court’s next term and the potential direction of the Court.

Education Advocacy in Juvenile Courts           Kent A\B\C

Leslie Jones, Attorney/Supervisor, Children & Youth Team Leader, Kentucky Protection and

Advocacy

Leba Tolpin, Staff Attorney, Disabilities Law Program

Children and youth with disabilities can be diverted from the juvenile justice system and/or secure confinement by leveraging their entitlements to special education and/or mental health services and their rights under the Americans with Disabilities Act and other state and federal laws. This workshop explores strategies used by P&As and others to improve outcomes for youth with disabilities in contact with juvenile delinquency courts. Two P&As, including a former public defender, share their experiences providing court-based advocacy for youth with disabilities. Although this is a “basic” course for those unfamiliar with this topic, others are welcome to contribute to the discussion and share lessons they have learned providing court-based advocacy. Recommended reading before attending this workshop: A Guide to Improving Educational Opportunities for Court-Involved Youth, http://www.justice4all.org/files/NCLN%20Manual%2006-1-07.pdf

   Learning Objectives

Understand factors contributing to the disproportionate number of youth with disabilities in the juvenile-justice (JJ) system, and the adverse consequences of placing them in secure confinement.

Identify successful P&A juvenile-court based education advocacy initiatives, which could be replicated by other P&As to promote diversion of youth with disabilities from the JJ system.

Better understand the public defender/defense counsel culture that can create barriers to their providing quality representation to youth with disabilities in the JJ system.

Good to Great: Assessing Your Board and Ideas for Greater    Laurel A\B

Engagement

Arthur Cutler, Senior Organizational Development Manager, National Disability Rights Network



This session is designed to look at the twelve principles associated with assisting a Board of Directors (BOD) in moving from good to exceptional. One of the greatest driving forces behind a successful non-profit is a strong BOD. This workshop seeks to identify factors that can assist a P&A’s BOD in operating at optimum performance. It also focuses on methods to increase greater BOD engagement.

Learning Objectives

Develop methods to assess the work of a BOD.

Understand the importance of a culturally competent BOD that reflects the community, and how that affects recruiting and retention.

Identify best practices in creating a higher level of BOD engagement

Enhancing Resources for Special Ed Advocacy in the Community   Salon A

Leslie Lipson, Staff Attorney, Georgia Advocacy Office, Inc.

Amy Messer, Legal Director, Disabilities Rights Center (New Hampshire P&A)

There are ways for P&As to enhance their ability to serve more clients by developing outside resources. This session highlights two models that P&As are using to increase their ability to serve families in special education cases. The Georgia P&A discusses how to create and sustain a statewide advocacy training program using Georgia's Parent Leadership Support Project (PLSP) as a model. Graduates of this project have advocated voluntarily on behalf of 2000 families across Georgia, increasing access to a high quality education and strong community for students with disabilities. The New Hampshire P&A describes its venture with the New Hampshire Bar Association to increase the number of lawyers in the state who take special education cases by helping them develop their skills in special education law and procedures, and then referring to them individuals who meet the income criteria for the NH Bar Association's Pro Bono referral service.

Learning Objectives

Understand how a parent leadership support program in Georgia can serve as a model for similar programs elsewhere to improve parent engagement in advocating on behalf of students with disabilities.

Describe how P&A training can support a pro bono attorney program to increase legal representation by the private bar on behalf of students with disabilities.

Increase their cultural competency when engaging in recruitment strategies to increase the involvement of people of color in parent advocacy.

End of Life Decision Making for Individuals with Guardians     Salon D

Robert Fleischner, Assistant Director, Center for Public Representation

Barry Lowy, Senior Attorney, Equip for Equality, Inc. (Illinois P&A)

Erica Wood, Assistant Director, American Bar Association Commission on Law and Aging

What does a P&A do when a guardian has decided to withhold life-sustaining treatment because an individual is already significantly disabled and, in the guardian’s and medical community’s opinion, does not have any quality of life? This workshop offers participants the opportunity to continue to develop a philosophical and legal framework for responding in end-of-life cases. It describes how to take a proactive approach which encourages guardians and doctors to take into account a disability rights perspective when making end-of-life decisions. It also provides P&As with tools for responding to emergency situations in which life-sustaining treatment has already been, or is about to be, withheld.

Learning Objectives

Identify and distinguish between different philosophical approaches to end-of-life decisionmaking for individuals with disabilities under guardianship, and in particular develop a sensitivity to how different cultural perspectives on death and dying can affect end-of-life decisionmaking.

Describe the development of different laws that reflect each of these approaches.

Design trainings for physicians, guardians, and hospital ethics committees on how to make end-of-life decisions that respect the wishes of the individual with a disability to the extent possible, with the perspective that having a significant disability does not diminish the quality of life.

Develop a plan of action for responding to emergency situations in which life sustaining treatment for an individual with a disability is being withheld.

Wednesday, March 18, 2009

8:30 am – 10:00 am

VR and Employment Services for Individuals with Autism     Salon E

Sherry A. Moyer, Regional Asperger Sydrome Consultant, NHS Human Services

With the rate of Autism dramatically rising over the past decade, P&A/CAP advocates need to increase their knowledge about this disability. This workshop explores both the specifics of Autism, as well as how VR and employment services can assist individuals with this disability,

Learning Objectives

Explain basic information about Autism.

Understand ways to assist clients with Autism who are seeking VR and other employment support services.

Increase competency in working with an advocating on behalf of individuals with Autism.

PABSS Best Practices         Laurel A\B\C\D

Cheryl Bates-Harris, Senior Disability Advocacy Specialist, National Disability Rights Network

Social Security Administration beneficiaries with disabilities may be eager to work but need someone to help them navigate through an often-confusing web of Employment Networks, Social Security Disability Insurance and Supplemental Security Income beneficiary rules, legal issues, and employment issues. P&As provide a broad array of services consistent with the purposes of Ticket to Work and Work Incentives Improvement Act by: resolving disputes and differences with providers or other organizations; endeavoring to improve attitudes and programs that promote the employment of social security beneficiaries; protecting an individual's rights under employment law; and providing advocacy and assistance to beneficiaries who are trying to work. This workshop offers information about some P&A employment best practices in fulfilling the objectives of the PABSS program.

Learning Objectives

1. Recognize the breadth and variety of advocacy services available to support and encourage the employment of people with disabilities.

2. Implement creative ideas that are working to support and encourage the employment or hiring of persons with disabilities.

3. Enhance their cultural competency in their advocacy and outreach activities.

Litigating the Rights of Prisoners with Mental Illness       Salon B

Kathryn Burns, System Chief Clinical Officer, Alcohol, Drug & Mental Health Board

Karen Talley, Facilities Attorney, Disability Law Center, Inc. (MA P&A)

This is an “advanced” workshop for P&As litigating or preparing to litigate the rights of prisoners with mental illness through systemic litigation. A P&A attorney along with a mental health expert share information and respond to questions from P&As working to improve mental health services in jails and prisons. Persons new to this topic are encouraged to review in advance the materials available at: http://www.ndrn.org/TASC/issues/cj/General_Topics/prison-lit-telconf_home.htm.

Learning Objectives

Benefit from the lessons learned by other litigators in pursuing systemic litigation advocacy on behalf of prisoners with mental illness.

Learn litigation techniques to handle complex issues that can arise when litigating a systemic case against a jail or prison.

Better appreciation of the needs of prisoners with mental illness, and the effect of harsh prison conditions on their mental health.

Lessons Learned from the 2008 Elections           Kent A\B\C

Kate Georgen, Public Policy Analyst/Voting Advocate, Disability Law & Advocacy Center of

Tennessee

Faith Gross, VOTE! Coordinator, The Legal Center (Colorado P&A)

Dustin Rynders, Help America Vote Act Policy Specialist/ Attorney, Advocacy, Inc. (Texas P&A)

Delores Scott, Senior Staff Attorney, National Disability Rights Network

Nationally, the number one problem on Election Day was registered, eligible voters' names not appearing on the election rolls/poll books. As a safeguard for eligible voters who, for some reason, are not listed on the voter registration list at the polling place on Election Day, Help America Vote Act mandates that each state implement a system of "fail-safe voting" using provisional ballots. The Protection and Advocacy for Voting Access provisions, in HAVA directs the P&As to help “ensure the full participation of individuals with disabilities in the electoral process,” that includes registering to vote. Registration is the gateway for individuals with disabilities being able to exercise their right to cast an independent, private and verifiable ballot.

Panelists discuss 2008 Election Day issues, including voter registration, their impact on people with disabilities and seniors, and reform efforts underway or steps taken to resolve issues.

Learning Objectives

Identify 2008 Election Day issues, including voter registration.

Understand the impact of these issues on people with disabilities and seniors.

Recognize voter registration reform efforts underway and/or steps taken to resolve Election Day issues.

Leadership Training: Part I               Essex A\B\C

Arthur Cutler, Senior Organizational Development Manager, National Disability Rights Network

Leadership theory has moved from trait approaches, to behavioral approaches, to contingency and situational models. Leadership undoubtedly is one of the most studied concepts to never establish any mandated rules or universally accepted truths. This is mostly due to the fact that leadership frameworks are typically motivated by a variety of factors. Leadership at the executive level is different from leadership at mid-management, which is different than first line leadership. This workshop discusses leadership mostly from the “Four Framework” model of leadership, and is ideal for new managers, seasoned managers and those who either desire or currently play a leadership role in the P&A. This two-part workshop includes role playing leadership scenarios.

Learning Objectives

Explain the “Four Framework” leadership approach and the method for implementing it in leadership situations.

Know how to incorporate communication as a tool for effective leadership.

Understand cultural competency issues in the leadership and management contexts.

Including Housing as a Component of Olmstead Settlements     Salon A

Michael Allen, President, Staff Attorney, Relman & Dane PLLC

Ira Burnim, Litigation Director, Judge David L. Bazelon Center for Mental Health Law

Elisa Gershon, Staff Attorney, Disability Rights California

Our expectations for the most integrated setting are constantly evolving as the disability community increases public awareness in understanding that the true meaning of self-determination is to be given the opportunity to move from under paternalistic attitudes. Panelists discuss why and how the disability community needs to move beyond group homes as the default community housing option, and make individualized homes the default housing option. This topic is discussed in the context of Olmstead settlements and the opportunity that they provide to increase the individualized housing opportunities to meet the needs of large class of individuals moving to the most integrated settings appropriate.

Learning Objectives

Appreciate that access to affordable individualized housing is a mental health support that can facilitate mental health recovery.

Identify the range of options available to states to fund individualized housing for individuals with disabilities.

Explain how the California P&A was able to include individualized housing in their nursing facility Olmstead case, even when the city of San Francisco argued that housing in the area was too expensive and accessible housing was scarce.

Discipline                     Salon D

Diane Smith, Staff Attorney, Disability Rights Center (Maine P&A)

Joseph Tulman, Professor of Law, David A. Clarke School of Law

P&As continue to be inundated with special education discipline cases. This workshop considers a number of the most vexing problems facing students with disabilities as they experience school removal, such as the rights of students with disabilities who have not been identified under the IDEA, including their rights under the IDEA and Section 504, the ways in which “risk assessments” are used to exclude students, constructive expulsion of students, the intersection between zero tolerance and the rights of students with disabilities, and the suspension of students in charter schools. This workshop is not a primer on the discipline of students with disabilities, but rather focuses on strategies to counter a number of the very troubling practices of school districts. Prior to attending this workshop, participants are encouraged to review the discipline webcast from the IDEA 101 series, available at:http://www.ndrn.org/TASC/issues/edu/Default.htm.

Learning Objectives

Use the IDEA’s prevention strategies as an offensive maneuver to reduce the overuse of discipline.

Understand the IDEA and Section 504 protections of students with disabilities who are facing discipline.

Ensure that the constitutional and other rights that apply to all students are also applied to students with disabilities who are facing discipline.

Alert to the discriminatory bias of school staff when disciplining students.

10:30 am - noon

Developing a Productive VR Small Business Program       Salon E

Jenae Michelle, Owner, Range of Emotion

Self-employment and creating a small business is an achievable employment goal for some individuals with disabilities, but one which many vocational rehabilitation agencies are reluctant to support. The RISE Program in Maryland tries to address the concerns of both the individual seeking to establish a small business as well as the VR agency. Some successful results of that program are shared for discussion.

Learning Objectives

Understand how the Maryland self-employment/small business program works.

Understand how VR can create an effective program that meets the needs of both individuals seeking self-employment and VR in ensuring the proper use of resources.

Identify success stories of individuals who succeeded in a self-employment venture.

Revised Ticket to Work               Laurel A\B\C\D

Social Security Administration – TBA

We’re listening! We’re learning! We’re responding! Based on lessons learned through several years of implementation, the Social Security Administration (SSA) has changed the regulations governing the Ticket to Work (TTW) Program. The changes create greater financial incentives and more flexibility for Employment Networks (ENs). With the issuance of these regulations, SSA is re-launching the TTW Program. Learn about improvements in the TTW program and especially about the Partnership Plus option that allows VR cost reimbursement payments and EN payments for the same client, promoting partnerships and providing a potential source of funding for needed ongoing supports.

Learning Objectives

Identify improvements and changes in the revised Ticket to Work regulations which went into effect in July 2008.

Understand how VR and ENs can work together to support the needs of people with disabilities who require long-term follow-up and work supports.

Access additional resources developed by SSA to support the Ticket to Work program.

Managing P&A/CAP Crises and Controversial Cases       Salon B

Curtis Decker, Executive Director, National Disability Rights Network

Mark Stroh, Executive Director, Disability Rights Washington

Almost all issues that come the way of P&As/CAPs are a crisis to someone. However, a few can involve or lead to larger, unanticipated events, issues, or compelling situations that can place a significant demand on P&A/CAP resources, especially if the P&A fails to respond appropriately, and perhaps cause controversial media attention. While having a significant impact on those immediately affected, these events can also have a national impact, indirectly affecting the P&A/CAP System as a whole. The workshop presenters, experienced in handling these types of P&A crises and controversies, share lessons learn about identifying when something has reached a crisis, and how to manage the crisis within the P&A and the state, and on a national level.

Learning Objectives

Recognize the red flags for identifying a crisis, controversy, or critical Incident needing special attention, and develop strategies for preemptive strikes.

Describe the stages in the crisis management process, and discuss the skills needed.

Critique possible agency responses that are productive or counterproductive.

Recognize the national impact of a crisis or controversy, and develop national strategies to deal with them.

Outreach to Native Americans               Kent A\B\C

Cinda Hughes, Legislative Associate, National Congress of American Indians

Loretta Movchan, Disability Advocate, ND Protection & Advocacy Project

Over 4 million people in the United States identify themselves as American Indian. Less than a million live on federal reservations located in 35 states. Three out of five Native Americans live with a disability. This workshop explores P&A outreach to Native communities, and guidelines for effective and respectful cross-cultural communication. One of the presenters is a member of the Kiowa Tribe of Oklahoma, named Ms. Wheelchair American in 2003, and currently works for a national Native American advocacy organization. The other presenter is a P&A advocate with experience engaging in outreach and advocacy on a reservation.

Learning Objectives

Become aware of: statistical and historical information on the diversity of indigenous peoples in the U.S.; the different degrees to which they have adopted mainstream cultural patterns (acculturation); and the concept of tribal sovereignty and how it affects people with disabilities.

Understand differences in communication styles and social protocols, and guidelines for effective and respectful cross-cultural communication in order to facilitate outreach in Native communities.

Learn strategies for conducting outreach in Native communities including how to make contact and partner with tribal liaisons.

Leadership Training: Part II               Essex A\B\C

Arthur Cutler, Senior Organizational Development Manager, National Disability Rights Network

Leadership theory has moved from trait approaches, to behavioral approaches, to contingency and situational models. Leadership undoubtedly is one of the most studied concepts to never establish any mandated rules or universally accepted truths. This is mostly due to the fact that leadership frameworks are typically motivated by a variety of factors . Leadership at the executive level is different from leadership at mid-management, which is different than first line leadership. This workshop discusses leadership mostly from the “Four Framework” model of leadership, and is ideal for new managers, seasoned managers and those who either desire or currently play a leadership role in the P&A. This two-part workshop includes role playing leadership scenarios.

Learning Objectives

Explain the “Four Framework” leadership approach and the method for implementing it in leadership situations.

Know how to incorporate communication as a tool for effective leadership.

Understand culturally competency issues in the leadership and management contexts.

Preserving Your Client’s Medicaid Waiver Service Hours       Salon A

Sarah Somers, Staff Attorney, National Health Law Program

Elizabeth Priaulx, Senior Disability Legal Specialist, National Disability Rights Network

Kenneth Zeller, Senior Attorney for Long Term Care, AARP Foundation Litigation

An overview of the many ways that states have attempted to reduce Medicaid costs by changing how individual service needs are determined, and how P&As can address this problem at a more systemic level. A discussion of effective strategies used by P&As that have litigated to restore individual Medicaid service hours, including the Freeman case brought by the Oregon P&A.

   Learning Objectives

Identify methodologies for determining the amount of Medicaid service hours an individual is eligible to receive, and the pro's and con's of each methodology.

Understand the implications of recent rulings in cases challenging reductions in Medicaid service hours.

Evaluate the likelihood of Medicaid reforms in their state that could lead to harmful reductions in Medicaid services.

Analyze the merits of strategies that could preserve important Medicaid community supports.

Implementing Effective PBIS               Salon D

Susan Barrett, PBIS Implementer, PBIS Maryland, Sheppard Pratt Health System

Positive Behavioral Interventions and Supports (PBIS) is an effective, research-based approach to enhancing the educational outcomes of students, whether or not they are students with disabilities. Additionally, for students with disabilities with behavioral problems, the IEP Team is supposed to consider the use of PBIS and other strategies to address that behavior. This workshop focuses on developing a practical understanding of PBIS, including what are the best practice guidelines for developing and implementing an effective school-wide system of PBIS, and how PBIS is effective in improving student outcomes, including for students of color.

Learning Objectives

Develop a practical understanding of what PBIS is.

Make use of best practice guidelines for developing and implementing an effective school-wide system of PBIS.

Understand how PBIS can be effective in improving student outcomes, including for students of color.

1:30 pm – 3:00 pm

New and Continual Issues in VR: Part I           Salon E

Linda Fischer, Staff Advocate, Arizona Center for Disability Law (P&A/CAP)

Cindy Gardner, Senior Staff Attorney, Disability Law & Advocacy Center of

Tennessee (P&A/CAP)

Robin Hall-Walker, CAP Director, Nevada Client Assistance Program (CAP)

David Hutt, Senior Staff Attorney, National Disability Rights Network

A variety of issues continually emerge throughout the VR system, ranging from securing the support of the vocational rehabilitation agency for van modifications or assistance with college, to ensuring the VR agency considers the informed choice of the client and provides correct information about transition services. This two-part session discusses these continuing issues, as well as more recent systemic problems emerging from the VR system. Join the panel in clarifying issues and developing ways to overcome them.

Learning Objectives

Recognize the major VR advocacy issues that continually reoccur.

Identify major new issues occurring within the VR system.

Develop strategies to address and overcome these issues.

Funding Employment Supports             Laurel A\B\C\D

Sakena McWright, MFP Project Coordinator, DC Department on Disability Services

Laura Owens, Executive Director, APSE – The Network on Employment

Nanette Relare, Director, Center for Workers with Disabilities, American Public

Health Association

Damon Terzaghi, Policy Associate, American Public Health Association

This workshop provides an overview of funding sources such as VR, Job Service/One Stops, Medicaid Waivers, and braided funding. Presenters discuss how these and other employment supports (e.g., SSA work incentives, PASS plans, individual training accounts, and supported employment programs) can interact to support the employment needs of people with disabilities. Topics discussed include "money follows the person."

Learning Objectives

Explain basic information about various employment supports, and how they are funded.

Begin to think creatively about how to blend funding to meet and fully support people with disabilities in fulfilling their employment goals.

Enhance their cultural competency in P&A advocacy and outreach activities.

Mobility Equipment and Disabilities: A Physical Therapist's     Salon B

Perspective

Sharon Pratt, PT, Director of Education (Seating), Sunrise Medical

Advocates may need to show that specialty features for wheelchairs (e.g., custom seating, tilt-in-space) are medically necessary to satisfy funding sources like Medicaid, Medicare, or private insurance. This workshop explains the relationship between the specialty items and preventable medical conditions like scoliosis or decubitus.

Learning Objectives

Understand the special role of the physical therapist in evaluating the individual’s need for specialty features on wheelchairs and other mobility devices.

2.    Identify several medical conditions that generally require an evaluation for specialty

features on a wheelchair or other mobility device.

3.    Describe several specialty features for wheelchairs, such as custom seating and tilt-in

space, and the role they play in addressing a range of medical conditions.

LGBTQ - Survey of Issues               Kent A\B\C

Martha Lafferty, Managing Attorney, Disability Law & Advocacy Center of Tennessee

Dara Schur, Director of Litigation, Disability Rights California

Judith Storandt, Senior Staff Attorney, National Disability Rights Network

About 2.7 million adolescents in the U.S. are gay, lesbian, or bisexual, and others identify themselves as transgender, intersex, questioning, two-spirit, or use other terms (LGBT for short). LGBT children and adults are at risk for a number of negative experiences and outcomes associated with how others react to them. They are more likely to attempt suicide, suffer from depression, and experience mental health problems. Those living in facilities are often targets of bullying, harassment and discrimination. All P&As most likely have represented or are representing LGBT individuals with disabilities. This workshop offers an overview of issues affecting LGBT individual’s who have disabilities, and P&A outreach and advocacy approaches.

Learning Objectives

Understand terminology and legal issues relating to LGBT individuals who have disabilities.

Recognize issues relating to the legal status of LGBT persons and their families, and how that might impact P&A legal practice.

Identify policies and practices that make a P&A an open, inviting and non-discriminatory place for LGBT staff and potential LGBT clients.

Creating a Supportive Workplace for P&A Employees, Including    Essex A\B\C

Employees with Mental Illness

Ruby Moore, Executive Director, Georgia Advocacy Office, Inc.

Yvette Sangster, PAIMI Program Director, Georgia Advocacy Office, Inc.

The Georgia PAIMI Program has taken to heart that it needs to hire individuals with a sense of identification with the people on whose behalf they advocate. This has resulted in the P&A actively welcoming, recruiting, supporting, and supervising applicants and employees with mental illness. To implement a culture of respect, the P&A has focused on creating a safe working environment in which all employees are supported as they advocate for individuals who are being abused, neglected, injured or killed. The P&As Executive Director and its PAIMI Program Director, who is also a peer support advocate, discuss the organizational/cultural changes that are being successfully implemented at the Georgia P&A.

Learning Objectives

1. Describe a P&A culture in which all employees are supported as they deal with the emotional trauma of advocating for individuals who have been abused, neglected, injured or killed.

2. Explain how a P&A can develop a PAIMI program of employees who have a sense of identification with individuals with mental illness.

3. Identify some of the issues that have arisen in hiring this workforce and strategies to resolve them, from both a supervisory and employee perspective.

Best Practices in Autism Waivers             Salon A

Catriona Johnson, Assistant Director for State and Federal Relations, MarylandDevelopmental

Disabilities Administration

The parent of a teenager with Autism and professional disability advocate explores pro's and con's of developing a separate Autism waiver, forms of community supports commonly needed by individuals with Autism, and ways to obtain Medicaid or state funding for these services in lieu of an Autism waiver. She explains how the Autism waiver is administered in the State of Maryland, and facilitates a discussion about whether a similar process may or may not work in other states.

Learning Objectives

Compare the availability of commonly needed Autism services in their state versus other states.

Consider alternate means of delivering Autism supports in their state.

Identify strategies for increasing commonly required Autism services in their state.

Reducing Restraint & Seclusion in Schools: Part I         Salon D

Eric Buehlmann, Director of Public Policy, National Disability Rights Network

Jane Hudson, Senior Staff Attorney, National Disability Rights Network

Sally Lynaugh, Team Leader – Children, Disability Rights Network of Pennsylvania

Daniel Stewart, Supervising Attorney, Minnesota Disability Law Center

P&As are already significantly involved in reducing the restraint and seclusion of children with disabilities in public schools. This year TASC began a P&A-wide initiative to support further P&A efforts. This workshop presents a cafeteria of advocacy activities that P&As can use in their states to address these issues. It also provides an opportunity to collaborative begin developing strategies for P&As to coordinate with each other in order for individual state work can have maximum impact. NOTE: Participants are urged to attend both workshops in this two-part series as well as the workshop on "Implementing Effective PBIS” at 10:30 am on March 18.

Learning Objectives

Discuss evidence-based research on the restraint and seclusion of children to show the

physical and psychological harm caused by such interventions and the lack of therapeutic value.

2.    Identify and critique national policy goals for reducing the restraint and seclusion of school children.

3.   Compare and critique state laws for reducing the restraint and seclusion of school children.

4. Identify the 10 most important things to be included in state laws, and strategies for educating policymakers to enact state laws that include them.

3:30 pm – 5:00 pm

New and Continual Issues in VR: Part II           Salon E

Linda Fischer, Staff Advocate, Arizona Center for Disability Law (P&A/CAP)

Cindy Gardner, Senior Staff Attorney, Disability Law & Advocacy Center of

Tennessee (P&A/CAP)

Robin Hall-Walker, CAP Director, Nevada Client Assistance Program (CAP)

David Hutt, Senior Staff Attorney, National Disability Rights Network

A variety of issues continually emerge throughout the VR system, ranging from securing the support of the vocational rehabilitation agency for van modifications or assistance with college, to ensuring the VR agency considers the informed choice of the client and provides correct information about transition services. This two-part session discusses these continuing issues, as well as more recent systemic problems emerging from the VR system. Join the panel in clarifying issues and developing ways to overcome them.

Learning Objectives

Recognize the major VR advocacy issues that continually reoccur.

Identify major new issues occurring within the VR system.

Develop strategies to address and overcome these issues.

I&R and Employment Issues             Laurel A\B\C\D

Elizabeth Eskew, Advocate/Investigator, Disability Rights Center (Arkansas P&A)

Latisha McClendon, PABSS Coordinator, Disability Rights Center (Arkansas P&A)

The initial point of contact within any P&A is generally through a telephone call requesting assistance. Given the complexity of P&A programs and priorities, it is important that PABSS-eligible individuals are not needlessly turned away. During this workshop, I&R and intake staff learn how to recognize potential issues that may pose barriers to Return to Work efforts without necessarily having callers say "Social Security," "VR" or "Ticket" -- the common trigger words for PABSS eligibility.

Learning Objectives

Understand the broad scope of assistance and services available through PABSS services.

Know how to ask probing and follow-up questions to appropriately determine PABSS eligibility.

Access resource information related to employment supports and services which can assist P&As in meeting the employment objectives of individuals with disabilities.

Alternatives to Detention and Confinement in JJ Facilities     Salon B

Dana McClain, Senior Staff Attorney, Disability Rights Center, (Arkansas P&A)

Tim Roche, TRoche Consulting

Judith Storandt, Senior Staff Attorney, National Disability Rights Network

Given the lack of mental health treatment and special education services in secure juvenile justice facilities, and the harmful consequences that youth with disabilities can suffer while confined in those facilities, there is a critical need for community-based alternatives to detaining pre-adjudicated youth and to confining adjudicated youth in secure facilities. This “basic” workshop describes a range of best practices for diverting youth from secure facilities. Persons with experience in providing advocacy to divert youth from JJ facilities are encouraged to attend to share their insights.

Learning Objectives

Understand factors that contribute to the over-reliance on secure confinement of youth in the JJ system.

Articulate guiding principles and goals of reforms to address the over-use of secure confinement in JJ facilities.

Be aware of the range of programs for youth with disabilities that might be used to divert them from secure confinement in JJ facilities.

How to Use the P&A Foster Care Training Curriculum       Kent A\B\C

Patricia Julianelle, Foster Care Specialist, NDRN Legal Back-up Center

The Foster Care Legal Back-Up provider for the P&A/CAP System introduces a training curriculum regarding the challenges of persons with disabilities in the foster care system. It is designed for use by P&As in training staff and other individuals involved with the child welfare system. A short module, it can be modified by P&As to meet their specific training needs, and can be used independently or as an introduction to another training. It is designed to increase sensitivity to and awareness about people with disabilities, and the unnecessary problems they often experience in foster care systems. There also is a discussion about how to mitigate or resolve some of these challenges.

   Learning Objectives

Use the foster care training curriculum to increase awareness of others about children with disabilities in the foster care system.

Explain to child welfare advocates, who do not have specific experience working with people with disabilities, about the challenges faced by children with disabilities in the foster care system, and how to address those challenges.

Apply ideas for using the foster care training curriculum as a P&A advocacy tool.

Identify potential accommodations to mitigate or resolve some typical problems faced by people with disabilities involved with the foster care system.

Handling Difficult Conversations               Essex A\B\C

Janice Johnson-Hunter, Deputy Executive Director for Legal Services, National Disability

Rights Network

Nachama Wilker, Deputy Executive Director for Training and Technical Assistance,

National Disability Rights Network

As a manager, you must be prepared to have difficult, even uncomfortable conversations with employees. Oftentimes, in the professional development of managers, behavioral interaction skills are rarely addressed. This has the tendency to leave a respective manager unprepared in difficult situations, which typically contributes to avoidance. When a manager lacks the skills to handle confrontation, problems fester and the manager’s credibility suffers. This session provides tools that can make these conversations happen sooner, go more smoothly, and produce better outcomes.

Learning Objectives

Learn to communicate more clearly and dramatically reduce misinterpretations and misunderstandings.

Understand the skills that help you as a manager express your thoughts and requests honestly and directly.

Understand the necessary culturally competent and linguistically sensitive issues associated with having difficult conversations.

Getting Access to American Red Cross Shelters         Salon A

Connie Kristenson, Regional Manager – Houston, Advocacy, Inc. (Texas P&A)

Delores Scott, Senior Staff Attorney and Emergency Manager, National Disability Rights Network

Although local, state, regional, and federal government agencies play the key role in disaster planning and response, the standard approach to Mega-shelter operations does not meet the needs of people with disabilities. This workshop is designed to review the draft Memorandum of Understanding (MOU) between the American National Red Cross (the “Red Cross”) and the National Disability Rights Network (“NDRN”). The MOU highlights the importance of state disability rights affiliates partnering with their local Red Cross chapter to provide guidance on how to accommodate the daily living activities and medical needs of evacuees with disabilities housed in Red Cross shelters. Participants will share their experiences in getting access to the shelters.

Learning Objectives

Review the draft Memorandum of Understanding between the American National Red Cross and the National Disability Rights Network.

Learn about P&A staff experiences in getting access to the shelters.

Obtain contact information for American Red Cross, Voluntary Organizations Active in Disasters, state emergency managers and Federal Emergency Management Administration.

Reducing Restraint & Seclusion in Schools: Part II          Salon D

Steven Elliott, Senior Attorney, Advocacy, Inc. (Texas P&A)

Joan Gillece, Project Director, National Association of State Mental Health Program

Directors (NASMHPD)

Jane Hudson, Senior Staff Attorney, National Disability Rights Network

Daniel Stewart, Supervising Attorney, Minnesota Disability Law Center

P&As are becoming increasingly involved in protecting the rights of students to not be subjected to restraints and seclusion in public schools. Over the past year P&As have trained students and parents about their rights, investigated injuries and deaths, provided individual education advocacy, and worked to establish and strengthen legal protections at both the state and national levels. To create an even greater impact, TASC has launched a nationwide P&A initiative to reduce the use of restraint and seclusion in schools. Its goals are to: educate policymakers about the need for federal legislation; develop a manual and resources for P&A use; and facilitate coordination of reform efforts within the P&A network. NOTE: Participants are urged to attend both workshops in this two-part series as well as the workshop on "Implementing Effective PBIS” at 10:30 am on March 18.

Learning Objectives

1.   Identify types of cases and describe strategies for reducing restraint and seclusion in schools, including IDEA-based claims, 504 claims, constitutional claims and others.

2.    Discuss P&A access authority in the school context in developing a monitoring strategy and describe possible challenges, or planning an investigation into the use of restraint and seclusion in a school.

3.   Identify what data is currently available, especially data regarding the restraint and seclusion of children of color, and develop strategies for obtaining existing data and also for dealing with a lack of data.

Thursday, March 19, 2009

8:30 am – 10:00 am

General Session:A New Day for Federal Disability Programs     Salon C\D|E

Kareem Dale, Disability Policy Advisor, President Obama (invited)

Curtis Decker, Executive Director, National Disability Rights Network

Margaret Johnson, Advocacy Director, Disability Rights California

Sharon Lewis, Senior Policy Advisor, Representative George Miller, (CA) Chairman,

House Education and Labor Committee (invited)

Kathyrn Power, Director, Center for Mental Health Services, SAMHSA

The Obama Administration has promised a new day for Federal Disability Programs. This session will focus on the work of the Administration in mental health, Congress’s education efforts and disability policy in general.

10:30 am – noon

Independent Living Services               Salon E

Djuna Mitchell, Deputy Director, Independence Now, Inc.

Susan Prokop, Associate Advocacy Director, Paralyzed Veterans of America (PVA) and

Past Chair of the Virginia Statewide Independent Living Council

The Client Assistance Program (CAP) is required to inform individuals with disabilities about the availability of independent living services funded under the Rehabilitation Act, and to advocate for receipt of such services if necessary. This workshop provides information about basic services that independent living centers need to provide, and how one state seeks to provide those services.

Learning Objectives

Understand the basic services independent living centers need to provide.

Understand the importance and role of the state plan and the Statewide Independent Living Council.

Consider individuals from certain cultural background who may not be being identified or are underserved through independent living services.

When to Disclose?                 Laurel A\B\C\D

Cheryl Bates-Harris, Senior Disability Advocacy Specialist, National Disability Rights Network

Alan Goldstein, Senior Attorney, Equip for Equality (Illinois P&A)

While the Americans with Disabilities Act limits what an employer may ask about a candidate’s disability, it does not limit what a person with a disability may disclose. With the right tools and techniques, people with disabilities and employment consultants can operate from a position of strength in the job search process. An experienced Human Resources specialist, a Placement Counselor, and an employment attorney examine the if/when/how dilemma of disability disclosure, and provide tips for maximizing the disclosure and accommodation request process for qualified candidates with disabilities.

Learning Objectives

Identify the pro's and con's of disability disclosure from various experienced employment perspectives.

Understand the unintended consequences and legal implications of involuntary disclosure.

Advise clients about this sensitive issue.

P&A Access Authority: Current Issues           Salon B

Meg Allison, Staff Attorney, Disability Law Center of Alaska

Paul Buckley, Managing Attorney, Virginia Office for Protection & Advocacy (Virginia P&A)

Jane Hudson, Senior Staff Attorney, National Disability Rights Network

Attorneys who have brought cutting edge P&A access authority cases this year discuss their cases in detail and the strategies that they have used. Topics include P&A access to schools, to federal facilities, and to peer review records by both state-agency P&As and non-profit P&As. Presenters also facilitate a group discussion of access issues that have been discussed by the P&A Access Authority Work Group over the past year.

Learning Objectives

Identify strategies to get P&A access to schools for monitoring and investigative purposes, including sensitivity to cultural issues that may impact the attitudes of individuals with disabilities and family members towards P&A access.

Describe the strategies that P&As have successfully used to obtain access to peer review records.

Explain why P&As have difficulty in getting access to federal facilities, including Veteran's Administration facilities, and identify strategies for learning about possible abuse/neglect in these facilities.

Develop strategies for getting access to juvenile and criminal justice facilities.

Systemic Action to Bring About Stronger Enforcement by SEAs   Essex A\B\C

Ronald Lospennato, Director, School-to-Prison Reform Project, Southern Poverty Law Center

This is the age of shrinking resources and seemingly systemwide noncompliance with the IDEA. By some outcome measures, we are actually worse off than we were when the IDEA was first enacted in 1975, and the school-to-prison pipeline is open and flowing at full tilt. Even though SEAs have been responsible for monitoring LEAs since the beginning, they have fallen down on the job, leaving it up to parents to “police” implementation of the IDEA. The question therefore naturally arises – can we work smarter? This workshop explores how to do that using the strategy of using the State Administrative Complaint (SAC) process. Topics covered include how to set up a systemic SAC, including using available statistics to establish a systemwide IDEA compliance problem, such as: overuse of suspension or low graduation rates for students of color, lack of progress on Annual Yearly Progress measures, excessive referrals to courts. Successful systemic school district-wide SACs are provided as models. It also explores how to file a SAC against the SEA itself when it fails to adequately address a Complaint, or when it is failing in its duty to effectively monitor a particular school district. Possible remedies for systemwide violations are addressed -- particularly systemwide PBIS – as well as effective follow-up strategies to ensure that any favorable decision or settlement agreement is being implemented appropriately.

Learning Objectives

1. Understand the benefits of using the State Administrative Complaint process for systemic advocacy on behalf of students with disabilities whose rights are being violated by their school district.

2. Develop a systemic State Administrative Complaint, using available data as evidentiary support of claimed violations.

3. Identify possible remedies, including systemwide PBIS, for systemic violations of the rights of students with disabilities, which can improve the outcomes for students with disabilities, and in particular students with disabilities involving behavioral challenges.

Electronic Discovery: Meet Early, Meet Often         Salon A

Ritchie Miller, Senior Associate, Deloitte Financial Advisory Services LLP

This workshop highlights the Federal Rules of Civil Procedure related to electronic discovery, providing pointers on e-discovery best practices and ways to protect the specific interests of P&A/CAPs with regard to electronically stored information. This includes a particular focus on the FRCP 26(f)(2) meeting.

Learning Objectives

Understand essential information about IT systems in relation to e-discovery.

Know what topics to address in initial case management meetings (FRCP 26(f)(2)).

Understand what that the issues are that need to be addressed throughout the e-discovery lifecycle.

1:30 pm – 3:00 pm

Enhancing Effective Transition Outcomes           Salon E

Crystal Beelner, Program Director, Georgia Advocacy Office, Inc.

Meg Grigal, Senior Research Associate, TransCen, Inc.

Ensuring the proper transition from secondary education to post-secondary activities, including VR agency supported activities, is a recurring problem for students with disabilities. This session seeks to provide some examples for increasing the effectiveness of the transition process.

Learning Objectives

Apply strategies to enhance the transition process by increasing a school district's awareness of adult service options through increased collaboration between the VR agency and school.

Obtain increased participation of the VR agency with the IEP Team in developing the transition IEP.

Ensure a smooth transition from school-based services to VR-based services to avoid any gap in services to the individual with a disability.

Hiring and Supervising Individuals with Disabilities in      Laurel A\B\C\D

the P&As

Margaret Johnson, Advocacy Director, Disability Rights California

Ruby Moore, Executive Director, Georgia Advocacy Office, Inc. (Georgia P&A)

The P&A/CAP Network serves a wide range of individuals with disabilities -- including, but not limited to, those with cognitive, mental, sensory, and physical disabilities. This cross-disability commitment serves as one of the Network’s greatest strengths. In an effort to promote model employment practices within the Network, this session seeks to examine those necessary skills associated with hiring and supervising individuals with disabilities with the Network.

Learning Objectives

Understand model employment practices in the P&A Network

Recognize the hiring and supervising skills needed in a cross-disability environment

Access your current management and supervisory skills

Ethics: Conflict of Interest                Salon B

Speaker TBA

This session focuses on legal ethics/professional responsibility issues that arise with some frequency in the unique practice of P&A attorneys when conducting investigations, monitoring, and providing individual representation -- particularly in institutional settings.

Learning Objectives

Identify conflict of interest issues that can arise when engaging in P&A activities.

Understand the implications of Model Rule 1.7, Conflict of Interest.

Enhance their cultural competency in P&A advocacy and outreach activities.

Using Non-IDEA Funding to Meet the AT-Related Needs        Essex A\B\C

of Children

James Sheldon, Supervising Attorney, National AT Advocacy Project

Diana Straube, Attorney, National AT Advocacy Project

Special education advocates often deal with children who have many needs for assistive technology (AT), only some of which can be met through the special education program. Presenters explore a broad range of funding sources that may come into play, including IDEA Part C, Medicaid, Medicaid waivers, private insurance, creative divorce settlements, special tax provisions, and vocational rehabilitation agency funding.

Learning Objectives

1. Identify a range of AT devices that can meet the needs of children.

2. Understand which AT devices are the biggest challenge to fund under the IDEA provisions for school-aged children.

3. Describe a range of funding sources, other than IDEA, that can be accessed to fund AT for children, and the advocacy strategies needed to successfully advocate for the AT.

Supporting Self Advocacy Groups             Salon A

Bernie Franks-Ongoy, Executive Director, Disability Rights Montana

Rocky Hughes, President, People First Montana

The Montana P&A is part of a collaborative effort to support People First of Montana in its desire to eliminate the marriage penalty under Social Security. Some say that -- given the law, and its history and tradition -- this is a futile effort. But is it? This workshop examines the process of self-advocacy as it unfolds in this project and what it really means to succeed.

Learning Objectives

1.    Learn how P&As can help self advocates to be "heard" without directing them.

2.    Learn "it's not about us" - and how P&As can better listen to people with disabilities and

   specifically self advocates.

3.    Learn how - and how to use legal strategies in non-traditional ways in terms of policy development.

3:30 pm – 5:00 pm

Working with Business to Increase Employment Using AT     Salon E

Amy Goldman, Associate Director, Institute on Disabilities Temple University

Corey Hinds, Employment Manager/CAP Director, Advocacy Center for Persons with

Disabilities (Florida P&A/CAP)

Chava Kintisch, Staff Attorney, Disability Rights Network of Pennsylvania (P&A)

The ability to utilize assistive technology at the workplace can be critical to allowing individuals with disabilities to obtain or retain employment. Learn about two state projects funded by the Department of Labor worked in collaboration with businesses and disability organizations to increase the awareness of assistive technology in employment.

Learning Objectives

Consider ways to work with business groups to encourage the employment of individuals with disabilities.

Understand how AT can work in employment in specific situations.

Learn ways to better collaborate with business and disability organizations to develop training and outreach programs.

Medicaid, AT and Kids               Laurel A\B\C\D

James Sheldon, Supervising Attorney, National AT Advocacy Project

Diana Straube, Attorney, National AT Advocacy Project

Early and Periodic Screening, Diagnosis and Treatment (EPSDT) is a mandatory Medicaid service in all states. The EPSDT statute and regulations suggest a more proactive approach to serving children and more liberal test for medical necessity. This session focuses on how EPSDT provisions can be used to obtain a range of non-traditional equipment for children in every state.

Learning Objectives

1. Identify some of the non-traditional AT that children, including very young children, may need to address issues related to their disabilities and functional limitations.

2. Understand the traditional Medicaid Act provisions for funding specialized equipment, and how Medicaid’s EPSDT provisions expand on the traditional provisions when it comes to children.

3. Use Medicaid’s EPSDT provisions to successfully advocate for non-traditional or specialty equipment for children with disabilities.

Ethics: Informed Consent              Salon B

Robert Dinerstein, Professor of law, Director of Clinical Programs, American University,

Washington College of Law

This workshop explores maintaining the client-lawyer relationship and ensuring informed consent when a client demonstrates diminished capacity.

Learning Objectives

Understand the requirements of application of Model Rule of Professional Conduct 1.14, Client With Diminished Capacity.

Identify steps that the lawyer can take to maintain a client's involvement and support client's ability to make informed decisions regarding representation.

Increasing Self-Determination Through Psychiatric        Essex A\B\C

Advance Directives

Katy Kaplan, Center Coordinator, UPenn Collaborative on Community Integration

Psychiatric Advance Directives are tools to enhance an individual's "voice" in his or her mental health treatment. This workshop discusses a tool created by the UPenn Collaborative on Community Integration to advise individuals with mental health needs in preparing a psychiatric advance directive, and legislators when considering legislation. Topics covered include the major pros and cons associated with psychiatric advance directives, and next steps to increase enforceability and optimal implementation.

Learning Objectives

Identify various perspectives of the mental-health consumer movement regarding the use of advance directives;

Support joint efforts between P&As, the U Penn Collaborative, and other mental health advocacy agencies, to increase enforceability of psychiatric advance directives.

Articulate promising practices for legislation permitting psychiatric advance directives.

Access publications of the Collaborative that may be of interest to P&As and their clients.

TASC P&A/CAP Annual Conference Workshop Descriptions FY 2009

TASC P&A/CAP Annual Conference
Workshop Descriptions FY 2009