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THE DISABILITY LEGAL ADVOCACY NETWORK

WHAT'S PROTECTION AND ADVOCACY? (P

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THE DISABILITY LEGAL ADVOCACY NETWORK

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    1. THE DISABILITY LEGAL ADVOCACY NETWORK Also Known As The Protection and Advocacy System David T. Hutt, National Disability Rights Network (NDRN) Lillie Lowe-Reid, New Jersey Protection and Advocacy, Inc.

    2. WHAT’S PROTECTION AND ADVOCACY? (P&A) A network of legally based advocacy available in every state and territory. Collectively, the P&A agencies are the largest provider of legally based services to people with disabilities in the United States . Each program is funded separately and has it’s own criteria for eligibility and services.

    3. Principles of Protection & Advocacy Systems

    4. Structure of Protection & Advocacy Systems Governor’s Designation Formula Grant Continuum of Remedies Authority Priority Setting Fiscal Accountability Data Collection Grievance Procedure

    5. Governor’s Designation Ongoing Nature Re-designation for Good Cause Only Not pursing mandates Not aggressive advocates 5% Monitoring/Administrative No Supplanting of State Funds

    6. Formula Grant Eight Programs Different Formulas Minimums All Boats Rise Together Benefits Stability Build Capacity

    7. Continuum of Remedies Information and Referrals Training Consumers – Professional Self – Advocacy Skills Counseling and Advice Negotiation and Mediation Administrative Action Individual Litigation Monitoring Interaction with Policymakers Class Action Legislative Advocacy

    8. Authority “Pursue legal, administrative & other appropriate remedies” Range of Issues Ranges of Remedies Ability to Respond Access Persons, Records, Facilities

    9. Protection & Advocacy (P&A) Programs PADD – Developmental Disabilities CAP – Client Assistance Program PAIMI – Individuals with Mental Illness PAIR – Individual Rights PAAT – Assistive Technology PABSS – Beneficiaries of Social Security PATBI – Traumatic Brain Injury PAVA – Voting Accessibility

    10. Limitations CAP: No Class Action No Physician-Assisted Suicide Cases HAVA: No Litigation

    11. Priority Setting Consumer Involvement How to Say NO Flexibility

    12. Fiscal Accountability Applications Federal Agency Oversight A-133 Private Audits OIG Oversight Board Oversight

    13. Grievance Procedure Individual Grievance Third-Party Grievance (PAIMI Only)

    14. History of Disability Legal Advocacy Network 1975- Developmental Disabilities Assistance Act and Bill of Rights Act 1980 – National Association of Protection & Advocacy Systems, Inc. (NAPAS) formed 1981 – Dues collected

    15. History of Disability Legal Advocacy Network 1994 – Native American P&A established 2005 – Changed name to NATIONAL DISABILITY RIGHTS NETWORK 2005 – Katrina Aid Today - $5.4 million

    17. 17 PADD 1975 – Developmental Disabilities Assistance and Bill of Rights Act includes Protection & Advocacy 1977 – Planning grants to State ($20,000) 1978 – Protection & Advocacy agencies begin operations with State Designations

    18. 18 PAIMI 1984 – Client Assistant Program (CAP) reauthorized as formula grant program

    19. 19 CAP

    20. 20 PAIR 1989 – Protection & Advocacy for Individuals Rights (PAIR) demos 1991 – PAIR program reauthorized to formula grant 1993 – PAIR trigger reached

    21. 21 PAAT 1993 – Assistive Technology subcontracts 1998 – Protection & Advocacy for Assistive Technology (PAAT) funded 2004 – PAAT Reauthorized

    22. 22 PABSS 1999 – Ticket To Work/Work Incentives Act (TTWWIA) passes 2001 – Protection & Advocacy for Beneficiaries of Social Security (PABSS) funded

    23. 23 PATBI 2001 – Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI) Authorized 2002 – PATBI Competitive Grants - $1.5 million – 33 Awards 2003 – PATBI moves to formula

    24. 24 PAVA 2003 – PAVA funded at $2 Million 2004 – PAVA funding raised to $5 Million

    26. FY06 Primary Disability Data # of Served % of Served Other Intellectual 995 1.33% Heart and other circulatory cond. 1,082 1.45% Muscular /Skeletal Impairments 1,223 1.64% Other Emotional/Behavioral 1,522 2.04% Blind / Visual Impairments 2,174 2.91% Cerebral Palsy 2,233 2.99% Other 2,319 3.10% Hard of Hearing / Deaf 2,423 3.24% Neurological Disorders 2,744 3.67% Traumatic Brain Injury 3,006 4.02% All Other Disabilities (< 1%) 3,448 4.61% Autism 4,683 6.26% Specific Learning Disabilities 6,186 8.27% Mental Retardation 8,019 10.72% Orthopedic Impairments 8,764 11.72% Mental Illness 23,949 32.03%

    27. Federal Government

    28. Data Collection Current Status: Separate PPR forms by funding source OMB approved: PADD, PAIMI, PAIR, CAP, PAAT Not approved: PATBI, PABSS, PAVA Future: Universal Data Collection Objects and Definitions

    29. PABSS Program Activities Investigate Complaints and Provide Legal Consultation and Representation on: Vocational Rehabilitation; Employment Networks; Employment Discrimination; Transition services from school to work; Post-Secondary education; Supported employment;

    30. Medicaid/Medicare services, including personal assistant services

    31. Programs can be found at www.ndrn/org/aboutus/PA_CAP.html Questions?? David T. Hutt, Ph.D. David.Hutt@ndrn.org Cheryl Bates-Harris 900 2nd Street, NE, Suite 211 Washington, DC 20002 Cheryl.Bates-Harris@ndrn.org

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