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Failure to Improve Is Being Improperly Used to Deny Coverage Under
Medicare - Medicare must cover skilled care and therapy when
they are “necessary to maintain the patient’s current condition or
prevent or slow further deterioration," not just when it will lead
Sixth Circuit Holds Eligibility for Medicare Reimbursement Cannot be Denied
Based on Presence of Mental Health Condition that "Contributes" to Disability
- Okuno v. Reliance Standard Life Ins. Co. -
The court held for the first time that a “mental health limitation” in a LTD
plan is inapplicable where there is evidence that the claimant is “disabled by
physical conditions alone”—the “mere presence of a ‘psychiatric component’ does
not justify the application of” the limitation.
Claims of Abuse are Outside of IDEA and Administrative Remedies Do Not Have
To Be Pursued - The district court erred by dismissing plaintiffs' §
1983 and breach of contract claims, which arose from allegations that the
defendant-school district's (MCS) aides physically, sexually, and verbally
abused the plaintiff-child, because the § 1983 claims did not arise under
the IDEA. In an issue of first impression, the court also held that the
claim for breach of a settlement agreement need not be exhausted before
Autism Speaks Guide Explains IEP Process - A
new guide created by lawyers for the Autism Speaks advocacy group leads parents
through the process of obtaining individualized education programs for their
children. The guide, which reviews the legal rights of students and parents,
offers information useful for children with a range of disabilities.
(Source: Disability Scoop)
A Simple Form That Enhances Equal Access to the Courts - One of the
priorities of the State Bar of Michigan is to have equal access for all to the
legal system regardless of gender, race, national origin, disability, or sexual
orientation. There is a court form that directly addresses the issue of equal
access for persons with disabilities in the Michigan court system. It is the
Request for Accommodations, State Court Administrative Office Form MC 70 (MC
Featured Resource: LawSchool.org
How to Find Legal
Information in Special Education -
Everyone involved in special education—school administrators,
classroom teachers, other special education professionals,
psychologists, parents, and attorneys—needs to be familiar with the
legal requirements and responsibilities for educating children with
disabilities and the liabilities if those responsibilities are not
New Manual on Advocacy for Students with Epilepsy
- The Epilepsy Foundation has just published a new, free
legal resource, Legal Rights of Children with Epilepsy in School &
Child Care: An Advocate’s Manual. This manual provides detailed
practical guidance – for both parents and attorneys – on effective
advocacy. strategies. Although parts of the manual focus on the
needs of children with epilepsy, it would also be useful for people
who advocate for kids with other chronic illnesses like diabetes.
Most of it will be useful to people who advocate for children with
disabilities. Describes rights under IDEA, 504, ADA and more.
Parent Representation - The
American Bar Association has launched a new website dedicated to
attorneys representing parents in child protective proceedings. The
site contains resources, information about upcoming trainings and
other materials. Parents' attorneys can also sign up for a listserve
where they can share resources, ask questions, etc. This is part of
a new initiative launched by the Bar to strengthen the
representation parents receive.
Law Related Mega
Legal Institute - Hieros Gamos
The Americans with
Disabilities Act (ADA) - click here.
Disabilities Education Act (IDEA) - click here.
Legal Links compiled
by Kim Murphy -
Free LSAT Prep Tools,
The LSAT Center, and
Resolution Resources - click here.
about Child Custody -
Court Cases - click here.
Resources - click here.
Articles Related to
Legal Research - click here.
Americans with Disabilities Act (ADA)
Disabled Win Right to Sue States Over Court Access -
The Supreme Court upheld the rights of disabled people under a
national law meant to protect them, ruling Monday that a
paraplegic who crawled up the steps of a small-town courthouse
can sue over the lack of an elevator.
Parent Sharing: There is a website
where you can take a course on the ADA. You
can take it for free for no credit or pay $50 to earn a CEU credit. It
takes a few hours to complete and it's
pretty good. Go to
www.adabasics.org for more information.
(You don't have to do it all at one time.)
Americans with Disabilities Act (ADA) in Depth
- The Americans with Disabilities Act (ADA) is the most
comprehensive federal civil-rights statute protecting the rights of
people with disabilities. It affects access to employment; state and
local government programs and services; access to places of public
accommodation such as businesses, transportation, and non-profit
service providers; and telecommunications (from
the Center for an Accessible Society).
National Council on
Disability (NCD) Addresses
Detrimental ADA Rulings by Supreme Court
The Education Law Center
- advocacy in the realm of special education
See our expanded section on the ADA -
Individuals with Disabilities Education Act (IDEA)
Education and Related Laws, Rules, and Regulations Federal Law:
Archived IDEA '97
See our expanded
section on IDEA & IDEA Reauthorization - click here.
Rehabilitating Section 504 -
This report provides a blueprint for addressing the
shortcomings that have hindered Section 504 compliance and enforcement
until now. Among the various strategies and approaches to improve
Section 504, NCD recommends that the Federal Government conduct
periodic and thorough Section 504 self- evaluations; improve data
collection and dissemination of data about Section 504 enforcement
efforts; bolster Department of Justice resources and guidance to
federal agencies on Section 504 enforcement; and apply successful
practices in Section 504 technical assistance and enforcement used by
expanded section on Section 504 -
Miscellaneous Legal Resources
Legal Planning for Special Needs In Massachusetts: A Family Guide to
SSI, Guardianship, and Estate Planning - Attorney Barbara
Jackins' new book is a must have resource for parents of children
with special needs and the professionals and advocates who assist
parents. In an easy-to-read, conversational style, she covers the
essential elements of SSI, guardianship, and estate planning when
there is a child with a disability in the family. Although some of
the materials are specific to Massachusetts, most of the strategies
she discusses are valid in any state. Don't live in Massachusetts?
Then you can simply ignore the fine points about that state's
guardianship laws and procedures. The rest of the book--her
practical estate planning strategies and SSI pointers-- will get you
on track no matter where you live.
Supreme Court Audio Set for
Downloading - Getting audio recordings of landmark legal
arguments is becoming as easy as downloading the latest Outkast
single. For the first time, Internet users can download, edit
and swap many of the U.S. Supreme Court's greatest hits.
Need to find a
court reporter for a deposition in Michigan? Now there is a web
site designed just for you.
www.MichiganReporters.com is the most comprehensive database web
site of Michigan court reporters. With 900 statewide listings, you're
sure to find a qualified reporter.
Lawyer Software Gets Thumbs Up
- Nature sends fleas to irritate dogs and lawyers to irritate
humans. But there are software programs that can minimize the legal
bite and itch, and one of them is Family Lawyer 2003 Deluxe Home and
Business from Broderbund software for Windows 98 and later machines.
Articles Related to Legal Research
A Primer of Special Education Law:
Teaching Exceptional Children
- Teachers and parents often find special education law complex and
confusing. One way to get a basic foundation in special education law is to
start with the Top 5 case concepts from the Supreme Court.
Supreme Court Nominee’s Record
Includes Legal Issues in Education - President
Bush's nominee for the Supreme Court, John G. Roberts, Jr., has dealt closely as
an appellate advocate with some of the most controversial issues in education.
If confirmed, he would bring to the high court perhaps the greatest firsthand
knowledge of the concerns of school district officials of anyone since Justice
Lewis F. Powell, Jr., who had served on the school board of Richmond, Virginia,
and on the Virginia state board of education.
Cox Rules Schools
Must Enroll Ex-charter School Students - Traditional public school
districts must enroll students within their boundaries who leave public school
academies and may not treat them as nonresidents, Attorney General Michael Cox
ruled Wednesday. He said the districts must accept the students regardless of
when in the academic year they elect to transfer, importantly even after the
official count day when state aid is calculated.
Patient Privacy Rules Bring Wide Confusion -
The transplant patient was recovering well when doctors discovered that his
new heart might have been infected with bacteria before the operation. When the
doctors sought more information so they could give the man the right
antibiotics, the hospital where the donor had died refused, citing new federal
patient privacy rules. "It was ridiculous. The only live part of the donor
was in our patient," said Deeb Salem.
Employee Benefits Plan
Administrator Acted Irrationally in not Covering Autism-Related
Therapies - A health insurance plan administrator acted
arbitrarily and capriciously in denying coverage of autism- related
speech, integrated sensory, and occupational therapies for a plan
participant's son , the U.S. District Court for the Northern District
of Illinois ruled July 21, 2003 (Wheeler v. Aetna Life Insurance Co.,
N.D. Ill., No. 01 C 6064, 7/21/03).
EEOC Makes Resource
Information Available on Cd-Rom:
Electronic Version Has Full Search
Capabilities and is Available Through Direct Order - Chair Cari M.
Dominguez today announced that the U.S. Equal Employment Opportunity
Commission (EEOC) has made its seven-volume set of Technical
Assistance Resource Manuals available for purchase on CD-ROM. For the
first time, computer users can search this comprehensive resource on
workplace discrimination issues by using one user-friendly compact
disc and entering simple search terms.
Abused Child Returns to
School With Legal Protections
Special Ed Advocate
"Sometimes, we learn
about a case that triggers intense emotions and a strong desire to
right a wrong. Alex R.'s case triggered these responses. We are
waiting to hear if Illinois school officials will right this wrong."
from the Transom by Brice Palmer
- Beyond the
technical, legal, and ethical considerations of expert witness
testimony is the continuing effort by education agencies and their
legal counsel to restrict the ability of parent attorneys and
advocates to adequately argue on behalf of disabled children and their
Law Protections For Parents of Disabled & Ill
Children - Parents
of children with disabilities
and serious medical conditions
at high risk for employment
Copyright Exemptions for Distance Educators
The Technology, Education and Copyright Harmonization (TEACH) Act
by Carrie Russell
With the passage of a new law on November 2, 2002,
eagerly-awaited by educators, teachers
can now-in general-use the same types of
copyright protected materials in the
digital classroom that they would
ordinarily use in the physical
classroom. However, in order to take advantage of the
exemptions, specific obligations
outlined in the law must be met. This ERIC
Digest, written by the copyright specialist for the
American Library Association's
Office for Information Technology Policy, outlines both the
privileges and the requirements
of TEACH. For more
Dispute Resolution Resources
Also see Mediation -