Important Court Decision re: Denial of Requests for Additional Medicaid Waiver Services
Posted Tuesday, January 16, 2007 by info@drwi.org

The Outagamie County Circuit Court has ruled that the Division of Hearings and Appeals must provide a hearing to a participant in a Medicaid Waiver program whose request for additional waiver services has been denied by the county. The Division of Hearings and Appeals is the state agency that adjudicates fair hearings for applicants and recipients of public assistance programs administered by the state of Wisconsin. In Judith Van Handel v. Wisconsin Department of Health and Family Services, Judge John Des Jardins ruled that federal Medicaid law requires that the state provide a hearing opportunity to recipients of Medicaid Waivers whose requests for additional services have been denied. Ms. Van Handel was represented by Mitch Hagopian of Disability Rights Wisconsin, Madison and Louis Archambault of Adams & Woodrow, Neenah.

The Division of Hearings and Appeals has, for many years, interpreted §46.27(7m) Wis. Stats. as limiting DHA jurisdiction in Medicaid Waiver cases to cases involving initial eligibility determinations, terminations and reductions of services. DHA has consistently declined jurisdiction when the issue was whether a Waiver recipient was entitled to additional services under the waiver. Ms. Van Handel, who suffers from post-polio syndrome, requested an increase in the number of supportive home care hours allowed under her Waiver plan. The County declined the request because it did not agree that Ms. Van Handel needed the additional hours. Ms. Van Handel requested a hearing before DHA. DHA dismissed her case without ruling on its merits. Ms. Van Handel requested review by the circuit court.

One of the bedrock federal rights guaranteed to Medicaid applicants and recipients is the right to an impartial hearing by the state agency on adverse action. See 42 USC §1396a(a)(3). In dismissing Ms. Van Handel’s hearing request DHA found that the right to a hearing was one of the parts of the federal Medicaid law that could be “waived” by a state when it created its Medicaid Waiver programs. This was plain error on the part of DHA and the Department of Justice did not attempt to defend that position on review.

Instead, DOJ focused on the federal regulation which delineates the different appeal rights afforded “applicants” and “recipients.” DOJ argued that the federal regulatory definition of “action” that recipients have the right to appeal (found at 42 CFR §431.201) did not include the right to appeal denials of requests for additional services. The court rejected this interpretation, recognizing that in the context of requesting additional waiver services Ms. Van Handel was actually an “applicant” and therefore had a clear right to a hearing on the denied services. The court further held that the fact that a recipient had the right to a local grievance procedure to challenge such a denial was insufficient. Federal law requires that the state provide a hearing before the “state agency.” Because the court found that federal law clearly provided a hearing right to Ms. Van Handel, it did not address the state’s arguments regarding the interpretation of §46.27(7m).

This ruling is very significant because it opens a door long closed to people with disabilities and elderly people whose care needs increase after their initial Waiver plans have been developed. At this writing it is not known if the state will appeal the ruling.

A copy of the court’s decision is available here

For questions about this decision, contact Attorney Mitchell Hagopian mitchh@drwi.org

Disability Rights Wisconsin 2005 Annual Report
Posted Friday, October 20, 2006 by info@drwi.org

In this report you'll find articles re: two new initiatives, our Medicare Part D Helpline and SSI Managed Care Independent Advocacy program. Also included are articles on our advocacy activities focused on segregated schools in the northwest part of the state, efforts to ensure appropriate community living arrangements for people being relocated due to closures of nursing homes and intermediate care facilities, and our advocacy re: barriers to employment of people with disabilities.
See the report in PDF format. Other alternative formats available upon request kristineb@drwi.org

Promising Progress in the Milwaukee Public Schools Lawsuit
Posted Wednesday, November 30, 2005 by info@drwi.org

In our 4 year old special education class action against Milwaukee Public Schools (MPS) and the Wisconsin Dept. of Public Instruction (DPI), the federal district court held a 6 day trial in October and earlier November. Today, the court issued an oral ruling, which he called tentative since he hasn't heard from any non-expert witnesses yet. The judge was convinced by WCA's experts that MPS and DPI were not doing enough to ensure that the IDEA rights of kids with disabilities are protected in the Milwaukee Public Schools. He was also convinced that DPI failed in its duties to make sure that MPS was complying with the IDEA. Defendants' experts failed to overcome the convincing testimony presented by WCA's experts. Therefore, the judge found that based on the expert testimony he has heard, he believes that MPS has systemically violated the special education rights of children with disabilities, and that DPI has failed to exercise its duties to ensure that MPS did not violate those children's rights.

Although this is not a final decision, the judge made it very clear that he was unsure what non-expert evidence the defendants could present which would change his mind. He has given the parties until January 5, 2006 to suggest next steps. The court will hold a hearing on January 11th to announce what the next phase of this case will be. The court urged the parties to use his tentative opinion to consider working together on a solution to this case, which we are certainly willing to do. We are waiting to hear whether the defendants are interested in talking about solutions with us.

In a particularly interesting note, as the court was issuing his oral decision, he cited to the recent Supreme Court decision in, Shaffer v. Weast, which many parents and parent advocates consider to be a bad decision for parents and children. However, the court pulled a number of quotes from the case to reinforce his opinion that both the school district and the state education agency have duties under the IDEA which must be adhered to. Advocates may want to take note of this pro-parent and child way of using Shaffer.

To view a transcript of the hearing click here: http://www.w-c-a.org/pdfs/mpstranscript.pdf

To view an editorial that appeared in the Milwaukee Journal Sentinel on December 8, 2005, click here: http://www.jsonline.com/news/editorials/dec05/376025.asp
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WCA Makes the Channel 27 News re: Monroe School Seclusion Case
Posted Wednesday, November 16, 2005 by info@drwi.org

Recently Channel 27 news had a segment on WCA's involvement in closing down a time out room in a Monroe elementary school. Click on this link:
http://www.wkowtv.com/index.php/news/story/p/pkid/22628 to see the report by Channel 27 which includes a statement from WCA Attorney Jeff Spitzer-Resnick. At this page you may either read the story or click on the top of the page to see a video of the actual report which appeared on Ch 27. The video includes an on camera interview of Attorney Spitzer-Resnick.

WCA’s Most Recent Annual Report
Posted Monday, October 17, 2005 by info@drwi.org

2004 was an ambitious year for WCA which was filled with a variety of significant accomplishments and some exciting new initiatives. These are treated in detail in our most recent annual report. To view a copy of the report, click on http://www.w-c-a.org/pdfs/annrpt05.pdf. To request a hard copy of the report, email your name and address to lorip@w-c-a.org or call the WCA Madison office at 608-267-0214.

Disability Drug Benefit Helpline Trainings
Posted Thursday, October 6, 2005 by info@drwi.org

Trainings available throughout Wisconsin for Medicare's New Part D Drug Benefit Drug Plan Selection and Counseling. Anyone is welcome to all the trainings listed below:

Trainings sponsored by Wisconsin’s DD Network - Click her for a Registration Form http://www.w-c-a.org/pdfs/partdtrng.pdf


Wisconsin Rapids; September 27th
Wausau; September 27th
Kenosha; October 11th
Green Bay; October 20th
Appleton; October 20th
Milwaukee; October 21st
Madison; October 27th
Ashland; November 2nd
Tomahawk; November 14th
Black River Falls; November 15th
La Crosse; November 15th
Rice Lake; November 16th
New Richmond; November 16th

Trainings sponsored by the State Bureau of Mental Health and Substance Abuse Services

Appleton; November 7th
Eau Claire; November 29th
Rhinelander; November 30th
Click her for a Registration Form for Appleton, Eau Claire, and Rhinelander trainings http://www.w-c-a.org/pdfs/aerregistration.pdf
Milwaukee; December 2nd - Click here for a Registration Form http://www.w-c-a.org/pdfs/.pdf
Madison; December 6th - Click here for a Registration Form http://www.w-c-a.org/pdfs/partdtrngmadison.pdf
Waukesha; December 14th - Click here for a Registration Form http://www.w-c-a.org/pdfs/partdwauktrng.pdf

New Director of WCA Milwaukee Office
Posted Wednesday, September 21, 2005 by info@drwi.org

After an extensive search, WCA has hired Palmer Bell as WCA’s new Milwaukee Office Director.

Palmer moved to Wisconsin from Birmingham, Alabama. Palmer has an excellent background for this job. He and his wife Charlotte have a son (Sadler) with a disability and they have both been active parent advocates for many years. In that capacity, Palmer helped start parent groups, and served in a lead role in a number of state organizations, task forces, etc. He has also been active in coalition activities and on a number of systems change efforts in the state. According to people in Alabama who know him, he has had a major systems change impact in that state. As Palmer said in his application letter for the job, "On the day that Sadler was born, my wife and I embarked on two quests - to prepare Sadler for the world and to prepare the world for Sadler."

Palmer was the Executive Director of the Ability Alliance of West Alabama (a case management agency for people with developmental disabilities) for the last 4 years. Many people in Alabama reported that a number of positive changes took place in the agency during his time there. Prior to that, he was the Vice President of a telecommunications company, the Vice President of a commercial bank, and he worked in the computer industry. He taught at Berry College (in Georgia) in several areas, including the relationship between religion and science. His Bachelor's Degree was in physics and mathematics, and he has Master's Degrees in both Divinity and in the Philosophy of Science.

Local School Districts Vary Widely In The Integration Of Children With Disabilities With Their Non-Disabled Peers
Posted Tuesday, September 13, 2005 by info@drwi.org

PRESS RELEASE: SEPTEMBER 13, 2005

Utilizing December 2004 child count data from the Wisconsin Department of Public Instruction (DPI), the Wisconsin Coalition for Advocacy (WCA) has released data which shows that local school districts vary widely in how well they integrate children with disabilities with their non-disabled peers.

Federal and state special education laws require local school districts to educate children with disabilities in the least restrictive environment (LRE) appropriate for the child. Due to that requirement, both the federal and state governments require local school districts to report the number of children with disabilities which each district has placed in a variety of settings, from least restrictive to most restrictive. The least restrictive category is called, “Removed from Nondisabled Peers 0-20%” of the school day. In order to highlight the wide disparities which this report shows, WCA’s report lists the 25 school districts which have the most children integrated with their nondisabled peers, and the 25 school districts which have the fewest children integrated with their nondisabled peers. “The results are striking,” states WCA Managing Attorney, Jeffrey Spitzer-Resnick. “While the Oak Creek-Franklin School District is remarkably successful at integrating children with disabilities, placing over 98% of those children with their non-disabled peers, the Norris School District did not place a single child with disabilities in the least restrictive setting during the last school year.”

The mid-level integration category is called, “Removed from Nondisabled Peers 21-60%” of the school day. Once again WCA’s report lists the 25 school districts with the most and the fewest children in that setting. “Once again, the results in this category are remarkable,” states WCA Managing Attorney, Jeffrey Spitzer-Resnick. “While the Kewaskum School District places over 83% of its children with disabilities in a moderately integrated setting, three school districts (Geneva J4, Linn J4, and Norris) have no children placed in this setting.”

The most segregated setting for students with disabilities who attend regular public schools is called, “Removed from Nondisabled Peers › 60%” of the school day. Typically, this setting means that students with disabilities spend most or all of their school day only with other children with disabilities. “Given the previous two reports, it should surprise no one that the Norris School District segregates 100% of their children with disabilities in this setting,” states WCA Managing Attorney, Jeffrey Spitzer-Resnick. “In fact, the school district with the next highest percentage of children in this segregated setting, is not even close to the level of segregation experienced by children with disabilities in Norris, as Random Lake placed just over 36% of its children with disabilities in this setting. Indeed, 29 school districts have no children placed in this very restrictive setting.”

An even more restrictive setting is called, “Public Separate Day School.” In this category, children are completely removed from schools which nondisabled children attend. “This is the most shocking category,” states WCA Managing Attorney, Jeffrey Spitzer-Resnick. “Well over half of Wisconsin school districts (258) did not place a single child with disabilities in such a segregated school. But the Sharon J11 School District placed nearly one-fourth (24.56%) of their children with disabilities in a totally segregated school. Worse than that, nearly every school district in the list of the 25 school districts which segregate the highest percentage of their children with disabilities are located in Brown County or Walworth County, home of two of the largest segregated schools (Sybil Hopp and Lakeland, respectively) in Wisconsin. It is painfully clear that when it comes to segregating children with disabilities, the truism–if you build it, they will come–translates into turning counties with segregated schools into bastions of segregation.”

“WCA calls on DPI to investigate why there is such a radical variation in how well or poorly children with disabilities are integrated with their nondisabled peers in Wisconsin,” concludes Spitzer-Resnick.

To see the full report click here: http://www.w-c-a.org/pdfs/sechildcount.pdf

New Video available: Caleb's Story; A Vision for an Ordinary Life
Posted Tuesday, August 16, 2005 by info@drwi.org

An 11-minute video developed in partnership with Wisconsin Council on Developmental Disabilities and Wisconsin Coalition for Advocacy, highlighting the work and home experiences of a young man with very involved health, cognitive and physical disabilities. It includes footage of him at work in the community, shopping and traveling in the community, and at the home he purchased. Discussion questions included. DVD and VHS format: DVD $20, VHS, $15. DVD also includes Legal Decision-Making video and handout at no additional charge. For order form click on the following: http://www.w-c-a.org/pdfs/calebform.pdf

Special Education Class Action To Go To Trial
Posted Friday, August 5, 2005 by info@drwi.org

More than four years after WCA filed a special education class action law suit against the Milwaukee Public Schools (MPS) and the Wisconsin Department of Public Instruction (DPI), federal district court Judge Aaron Goodstein, has ordered that the first phase of the trial in the case will begin on October 18, 2005. Judge Goodstein has ordered that during this first phase of the trial, the parties will only call their experts as witnesses. The judge will decide after this phase of the trial, what further evidence he wishes the parties to present. WCA attorneys Monica Murphy and Jeff Spitzer-Resnick are looking forward to presenting their case to the judge during this phase of the trial, as they believe that it will bring the case closer to a resolution which, if WCA is successfully, will improve the delivery of special education to children with disabilities in Milwaukee. The public is welcome and encouraged to attend any or all of the trial, which is expected to last between 3-7 days. The trial will take place in Judge Goodstein's courtroom which is in the federal district courthouse in Milwaukee, 517 E. Wisconsin Ave., Room 254.

IDEA Reauthorization Training
Posted Monday, August 1, 2005 by info@drwi.org

This training is designed for parents of children who are involved in special education in public schools. However, teachers, advocates, attorneys and others who are interested in the subject are welcome to attend.

The training will review the basics of special education law, known as the Individuals with Disabilities Education Act, (IDEA), which Congress recently reauthorized resulting in significant amendments. This new law went into affect on July 1, 2005, and many school districts will likely use the new law when conducting IEP meetings this spring.


Speakers include:

Phyllis Greenberger, Advocacy Specialist, Wisconsin Coalition for Advocacy

Jeff Spitzer-Resnick, Managing Attorney, Wisconsin Coalition for Advocacy

Mark Sweet, Training & Program Consultant, Wisconsin Coalition for Advocacy

Rick Pelishek, Northwestern Wisconsin Office Director for the Wisconsin Coalition for Advocacy

Click here for a detailed description and registration form: http://www.w-c-a.org/pdfs/ideatraining.pdf

WCA to Challenge new State Policy Denying Medicaid to People with Severe Mental Illness
Posted Thursday, July 28, 2005 by info@drwi.org

WCA is representing a group of clients who have severe mental illness who are patients at the Milwaukee Mental Health Complex who have been denied Medicaid due to a recent change in state Medicaid policy. Because their income is slightly higher than the Medicaid income limit, they have been receiving Medicaid after reducing their income by the amount of medical bills incurred by them for in-patient services received at the Mental Health Complex.

The Mental Health Complex is designated an Institute for Mental Disease, and therefore these in-patient bills are not covered by Medicaid. After decades of allowing patients from the Milwaukee County Mental Health Complex to use their unpaid in-patient medical bills from the Complex to meet their Medicaid spend downs, the state Department of Health and Family Services has issued a recent "clarification" of its policy prohibiting the use of those bills if they are "deferred" by the county. Bills are deferred (collection is suspended on those bills) when the county determines that a patient does not have the current ability to pay.

Under the Wisconsin Administrative Code, the county is required to determine whether a Mental Health Complex patient who is admitted as an in-patient has the ability to pay whenever the patient incurs a bill, every year thereafter or when the patient's circumstances change.

WCA requested fair hearings on behalf of about 30 clients who would have been left without Medicaid to pay for their medications and other health care as a result of this new state policy. WCA attorneys argued that the state policy violated state and federal law. An Administrative Law Judge from the state Division of Hearing's and Appeals ruled in favor of WCA's clients. However, the Judge was required to issue the decision as a proposed decision because she found that the state policy violated state and federal law. Helene Nelson, the Secretary of DHFS issued a final decision, reversing the ALJ's proposed decision. WCA has appealed these cases to the Milwaukee county Circuit Court. Because our clients are all low income and in desperate need of their Medicaid benefits, WCA plans to ask the judge to stop the state from terminating the clients' Medicaid until a decision is issued by the courts.

For more information about this, contact WCA Managing Attorney, Shirin Cabraal, at shrinc@w-c-a.org or 414-773-4646.

WCA’s Return to Work Program
Posted Thursday, June 30, 2005 by info@drwi.org

The Wisconsin Coalition For Advocacy’s (WCA) Return to Work program is designed to assist beneficiaries of Social Security and Supplemental Security Income who wish to return to the workplace.

WCA advocates spend the majority of their time in this program making sure their clients are provided appropriate services by Employment Networks (EN). There are approximately 28 ENs in Wisconsin. The function of each EN is to assist the consumer with attaining and maintaining employment. The largest EN in Wisconsin is the state’s Division of Vocational Rehabilitation (DVR).

WCA will assist a consumer if that person has an issue that creates a barrier to employment. The type of assistance will depend on the type of barrier encountered. For example, a consumer may have difficulty in gaining a reasonable accommodation from an employer, have difficulty in getting personal assistance services or have housing issues. The type of advocacy provided will depend upon the issue presented.

WCA advocates and attorneys are currently rolling up their sleeves and challenging some DVR policies which, in themselves, are barriers to employment especially those that include DVR backing out of commitments written into a client’s accepted Individualized Plan for Employment (IPE). Also WCA is concerned about DVR policies that severely limit funding for education which may make it impossible for some consumers to reach their individual employment goal.

We encourage anyone who has received a Ticket to Work from the Social Security Administration and who has a problem with receiving services to which they fell entitled, to call the WCA Milwaukee office: 414-773-4646 or 800-708-3034. We can help.

WCA Receives $10,000 Award from Attorney General Peg Lautenschlager
Posted Thursday, June 30, 2005 by info@drwi.org

WCA has been awarded an unsolicited $10,000 assistance grant from the Wisconsin Department of Justice. The grant comes from state funds obtained through court settlements. The Attorney General has the discretion to select which organizations will receive funds from these settlements.

In the letter accompanying the check, Attorney Lautenschlager wrote on behalf of the Department of Justice, “this department supports your program and all the efforts of your organization. I hope this award will help to promote and expand the important activities you provide in Wisconsin.” WCA was one of four civil legal services organizations awarded a grant.

Announcing the Disability Drug Benefit Helpline
Posted Tuesday, May 31, 2005 by info@drwi.org

The Disability Drug Benefit Helpline is here to help people with disabilities (or their guardians), under age 60 that have questions on the new Medicare Part D Prescription Drug Benefit. Call toll-free, weekdays at: 1(800) 926-4862 (Translation services available, TTY available on callback: please use the relay to leave a message)

Under Medicare Part D, prescription drug coverage will be provided by private prescription drug plans and administered by the Centers for Medicare & Medicaid Services (CMS). Anyone enrolled in Medicare – including people with disabilities – is eligible for the benefit. For people enrolled in Medicare and Medicaid most prescription drugs will be covered under Medicare Part D instead of Medicaid as of January 1, 2006.

This summer the Helpline will be assisting people with Social Security’s applications for the low income subsidy (no monthly premiums, no deductible, and small co-pays on drug plans) also called “Extra Help” that will be sent out in May – August, 2005. People on Medicaid do not need to apply. They should receive a notice in June, 2005 informing them they are already eligible for the help. If you receive Medicaid and don’t get a letter or get a subsidy application instead, call the Helpline.

The Prescription Drug Plans will be announced in the Fall of 2005. Enrollment in drug plans and Part D begins November 15th. The Helpline will be here to provide direct counseling on which plan is right for you and whether you should enroll at all.

Select this link for more information on the Medicare Part D Disability Drug Benefit Helpline project: http://www.w-c-a.org/pdfs/partdbrochure.pdf

*** If you have an advocacy/consumer group that could benefit from training on Medicare Part D, you can contact the Helpline or aimeemc@w-c-a.org.

WCA Files Lawsuit Against DPI to Obtain Names of Children Locked in Seclusion Room
Posted Tuesday, May 24, 2005 by info@drwi.org

On May 19, 2005, WCA attorney, Jeff Spitzer-Resnick, filed a federal lawsuit on behalf of WCA seeking the names of all of the children whom a Department of Public Instruction (DPI) investigation, had been in a locked, darkened seclusion room, in the Abraham Lincoln Elementary School, in Monroe. DPI conducted the investigation after media reports revealed that children with disabilities were being locked in a small, dark seclusion room. The investigation report states that six children were in that room during the past year. However, the report does not name the children. Nor, did DPI notify the families of each of the affected children, of the findings of its investigation.

Jeff Spitzer-Resnick and WCA advocacy specialist, Phyllis Greenberger, have met with a number of parents and children who attend the Abraham Lincoln Elementary School, and some of them are unsure if their children were placed in that room because their children are non-verbal, or have limited verbal abilities. The only way that WCA can provide appropriate legal advice to these families is to find out whether or not their children were in that room.

WCA's lawsuit asserts that as a Protection and Advocacy (P&A) agency, it has special rights and responsibilities granted by Congress, to investigate allegations of abuse and neglect of people with disabilities. DPI has insisted that federal privacy laws prohibit it from releasing the names of the affected children to WCA. A hearing on WCA's request for an injunction to force DPI to release the children's names to WCA will be held on June 3, 2005 at 10 AM, in Room 250 of the federal courthouse in Madison, before Judge Barbara Crabb.

WCA Staff Awards
Posted Wednesday, April 27, 2005 by info@drwi.org

Lynn Breedlove. WCA’s Executive Director, will receive the 2005 Adult Community Service Award for outstanding service to adults with disabilities from the Wisconsin Council on Developmental Disabilities at its awards luncheon on May 26th at the Concourse Hotel in Madison. This award recognizes an individual who has demonstrated leadership, creativity, and expertise in advocating for adults with disabilties in Wisconsin.

Mark Sweet, WCA’s Trainer/Consultant, has received the 2005 Positive Approaches Award from TASH. TASH is an international association of people with disabilities, their family members, other advocates, and professionals fighting for a society in which inclusion of all people in all aspects of society is the norm. TASH has over thirty chapters and members from thirty-four different countries and territories. The Positive Approaches Award recognizes an individual's leadership and advocacy in providing and promoting positive behavior supports for people with disabilities who have histories of challenging behavior. The award will be listed in the program of the upcoming TASH conference to be held in Milwaukee on November 9-12.
Congratulations to Lynn and Mark!!

Mental Health Task Force in Milwaukee County
Posted Friday, March 25, 2005 by info@drwi.org

The Mental Health Task Force (MHTF) in Milwaukee County is a coalition of 43 entities – consumer groups, community service providers, state and local government, and health care providers. The MHTF has been coordinated by WCA and the Mental Health Association, and is dedicated to identifying issues faced by people with mental illness and facilitating improvements in mental health services and programs in Milwaukee County.

The Mental Health Task Force was formed in 2003 to address the alarming number of emergency detentions at Milwaukee County’s psychiatric hospital.

A fact finding effort that included focus groups and dozens of key stakeholders led to a Community Summit attended by more than 300 people. As a result, strategic efforts focused on three primary areas:

- Training for law enforcement to improve officers’ crisis intervention skills and build partnerships with community resources;

- Establishment of a Crisis Resource Center that would provide immediate assessment, limited treatment, and referral for persons in crisis.

- Enhanced crisis prevention services – a wide range of services including greater opportunities for peer support, better crisis planning, strengthened jail diversion, and increased access to consumer-run services of all types.

The MHTF is pleased to share Critical Juncture: A Report to the Community from the Mental Health Task Force. A PDF version of this report is available for community organizations and MHTF stakeholders to include on their web sites. :http://www.w-c-a.org/pdfs/mhtaskforce.pdf

THE WCA-MILWAUKEE OFFICE HAS MOVED
Posted Tuesday, February 22, 2005 by info@drwi.org

The Milwaukee Office of the Wisconsin Coalition for Advocacy (WCA) has moved to a new location: 6737 W. Washington Street, Suite 3230, Milwaukee, WI 53214 (The new location is about four blocks south of I-94,just off 70th Street.)

The new phone numbers are:

414-773-4646 voice/tty
414-773-4647 fax

The 800 number (for people with disabilities and family members only) will stay the same:
1-800-708-3034

All staff email addresses will stay the same, as will the WCA website address: www.w-c-a.org

WCA Report on the Physical Accessibility of Milwaukee Polling Sites
Posted Monday, February 21, 2005 by info@drwi.org

WCA volunteers surveyed 158 polling sites across Wisconsin for physical accessibility barriers on September 14 and November 2, 2004. We have analyzed the data for the City of Milwaukee, and created a report that was given to the City of Milwaukee Board of Election Commissioners. We found significant physical barriers to voting for people with disabilities at the polling locations, and plan to work closely with the City of Milwaukee to address the barriers so that people with disabilities have equal access to the electoral process.

If your polling location is not physically accessible or if you have been discriminated at the polls in other ways, contact Alicia Sidman, Coordinator of WCA’s Help America Vote Program, at toll-free 800/928-8778 or 608/267-0214 (voice & TDD) or by email at alicias@w-c-a.org. To view the WCA Physical Accessibility Summary for the City of Milwaukee Election Commission and the Polling Place Accessibility Survey form, click here:http://www.w-c-a.org/pdfs/milwaccessibiity.pdf

Wisconsin Voting Places Accessibility Survey Results
Posted Friday, February 11, 2005 by info@drwi.org

As part of the work of our Help America to Vote Program, WCA, with the involvement of many volunteers, completed 158 physical accessibility surveys of sites that are designated voting places for Wisconsin citizens. The surveys were conducted on September 14 and November 2, 2004 in cities, towns, and villages across the state. We used the polling place physical accessibility survey that was created by the State of Wisconsin Elections Board, so that we can compare our results with the data collected by the Elections Board.
We have begun to look at the 158 surveys completed by our volunteers and have found that 75% of the polling sites surveyed had one or more physical accessibility problems, and that 6% had 10 or more problems. We were able to identify problems that are both easy to fix, as well as accessibility problems where the polling site should be moved as a means to providing access to individuals with disabilities.

The most common physical accessibility problems that we found were: the lack of appropriate accessible parking spaces; no proper signage designating the accessible route to enter the building if it is different from the primary route; lack of curb cuts and ramps; heavy exterior doors which are difficult to open, heavy interior doors that are not propped open; and voting instructions that are not posted in large type.

We will continue to assess the data in the coming months, and will be providing feedback to the State Elections Board and specific municipalities regarding the physical accessibility issues the volunteers identified.

If you have any questions regarding the surveys or other voting rights issues, feel free to contact Alicia Sidman, Coordinator of WCA’s Help America Vote Program, at toll-free 800/928-8778 or 608/267-0214 (voice & TDD) or by email at alicias@w-c-a.org

Two WCA Attorneys Make Top Lawyer List
Posted Friday, February 4, 2005 by info@drwi.org

The January issue of Madison magazine included a list of the outstanding lawyers in Dane County who were selected by their attorney peers. Two of WCA’s attorneys, Mitch Hagopian and Jeff Spitzer-Resnick, were listed in the area of public interest law. Congratulations to Jeff and Mitch on being recognized for your fine work.

WCA Receives Family Care Independent Advocacy Grants from Two Milwaukee Foundations
Posted Friday, February 4, 2005 by info@drwi.org

Thanks to generous grants from the Faye McBeath Foundation ($60,000 for two years) and the Helen Bader Foundation ($10,000 for one year), WCA will be able to work on a number of fronts to provide an independent voice of advocacy re: the Family Care program in Milwaukee County. Activities will include providing intensive advocacy assistance to Family Care program participants; identification and resolution of systemic problems in the implementation of Family Care; coordination among all the entities with an advocacy mission re: older adults in Milwaukee County, and monitoring and attempting to influence policies re: the Family Care program.

State Superintendent Candidate Survey
Posted Wednesday, February 2, 2005 by info@drwi.org

The Quality Education Coalition (QEC) asked each candidate for the upcoming election for State Superintendent 5 questions related to their knowledge and views about special education. Three of the four candidates responded. The non-responder was Gregg Underheim, as indicated in the attached document. Click on the link following to view their responses, which are in alphabetical order. Feel free to distribute them widely. http://www.w-c-a.org/pdfs/supint.pdf

Violence Against Women with Disabilities Project Publications Now Available On Line
Posted Tuesday, January 4, 2005 by info@drwi.org

The Wisconsin Coalition for Advocacy (WCA), as lead agency, in partnership with the Wisconsin Coalition Against Sexual Assault (WCASA) and the Wisconsin Coalition Against Domestic Violence (WCADV) continues through 2006 its Education and Technical Assistance Grant to End Violence Against Women with Disabilities. Joined by IndependenceFirst in its first two years, this federal grant project produced several publications that are available to download free of charge in PDF format.

These publications include:

Cross Training Workbook: Violence Against Women with Disabilities
(April 2004)

Accessibility Guide for Domestic Violence and Sexual Assault Service Providers (April 2004)

Self Assessment Tool for Ensuring Access for People with Disabilities: For use by sexual assault and domestic violence service providers (April 2004)

Background Information -- Confidentiality of Information and Records: A Guide for Programs Working with Women with Disabilities who are Survivors of Sexual Assault or Domestic Violence (April 2004)

Background Information -- Informed Consent, Competency, And Substitute Decision-Makers: Strategies For Working With Individuals With Mental Disabilities Who Are Survivors Of Sexual Assault Or Domestic Violence (April 2004)

Click on this link to select the Violence Against Women with Disabilities Project web page and resources. http://www.w-c-a.org/pages/VAWA.html

WCA's 2005 Plans On Line
Posted Friday, December 17, 2004 by info@drwi.org

Highlights of WCA's 2005 Advocacy Plans are now on our website. They include WCA's projected 2005 activities in Deinstitutionalization, Community Services, Special Education, Abuse and Neglect, Guardianship and Protective Placement, Correctional Facilities, Accessibility, and Discrimination. Click here to view and/or print a copy. http://www.w-c-a.org/pdfs/wcaplanhighlights.pdf

WCA Provides Program Attorney Services for the Disability Benefit Specialist Program
Posted Tuesday, November 2, 2004 by info@drwi.org

WCA is now providing program attorney services for the Disability Benefit Specialist Program. The Disability Benefit Specialist Program is a benefits counseling and advocacy program for adults with disabilities. Disability benefit specialists are located in Aging and Disability Resource Centers in eight counties in Wisconsin (for locations click on: http://www.w-c-a.org/links/dbsdrc.htm). Disability benefit specialist services cannot be obtained through WCA. Call the appropriate Aging and Disability Resource Center for disability benefit specialist services.

The role of WCA staff program attorneys is to provide training, technical assistance and case supervision to the disability benefit specialists, as well as direct legal representation to some clients of the disability benefit specialists. The program attorneys provide direct representation only to individuals who have been referred from a disability benefit specialist, and cannot accept clients through the WCA intake process.

WCA’s staff attorneys for the Disability Benefit Specialist Program are Molly Bandt and Jessica Gilkison. Molly has been providing program attorney services for the DBS Program through a different agency since the program’s inception in 2000. Previously, Molly was an attorney in the Elderly Benefit Specialist Program at the Elder Law Center, and also worked at the Western Wisconsin Legal Services Office. Jessica Gilkison was the program coordinator for the DBS Program for the past four years. Prior to that, Jessica coordinated domestic violence training for law enforcement, advocates, district attorneys and other individuals in Dane County. During law school, Jessica worked in clinical programs at WCA, the Wisconsin Coalition Against Domestic Violence and the Elder Law Center.

Who is eligible for Disability Benefit Specialist (DBS) services?

DBS services are available to individuals between the ages of 18 and 59 who identify as having a physical and/or developmental disability (which may also be in combination with mental illness) and live in one of the following eight Wisconsin counties with Aging and Disability Resource Centers: Fond du Lac, Jackson, Kenosha, La Crosse, Marathon, Portage, Richland, and Trempealeau. The Resource Center of La Crosse County also provides services to persons who identify as having mental illness not in combination with a physical and/or developmental disability.

In what areas might a DBS be able to help?

- Supplemental Security Income
- Social Security Disability Insurance
- Medicaid
- Medicare
- Food Stamps
- Overpayments of public benefits
- Other private and public benefit programs

How can a DBS help?

- Benefit-eligibility counseling based on client-specific information
- Assistance with obtaining and maintaining public and private benefits
- Assist with preparing and filing complaints and appeals for denials of eligibility, termination of benefits, or overpayments
- Possible representation in appeals related to denials of eligibility, termination of benefits or overpayments of public and private benefits

How can I reach a DBS?

To receive disability benefit specialist services, call the resource center in your county. Click on: http://www.w-c-a.org/links/dbsdrc.htm for the contact information for each of the eight resource centers.

New WCA Produced Materials Regarding Protective Placement Now Available On Line
Posted Tuesday, October 26, 2004 by info@drwi.org

On October 7, 2004, WCA staff members Dianne Greenley, Susan Tess and Mitch Hagopian were the primary presenters at the Developmental Disabilities Network Training. The program was entitled “Shifting Into Overdrive with Chapter 55.” It covered the basics of Wisconsin’s protective placement statute, Chapter 55; the changes to chapters 46, 49 and 55 that are designed to allow people with developmental disabilities who are currently protectively placed in institutions to move to the community; and a practical discussion about what the terms “most integrated setting” and “least restrictive environment” mean for people with disabilities that are protectively placed. The purpose of the training was to help counties figure out their response to the statutory changes and to provide strategies to case managers, advocates and guardians to collaborate with counties to assure that people with developmental disabilities have the help they need to lead integrated and productive lives in the community.

Materials presented at the training are now available on line by clicking on the links provided. They consist of:

1) An Overview of Wisconsin’s Protective Placement statute, http://www.w-c-a.org/pdfs/psoutline.pdf

2) An overview of the funding sources available to support people with disabilities in the community, http://www.w-c-a.org/pdfs/fundingsystem1004.pdf

3) An overview of the ICF-MR Restructuring Initiative, http://www.w-c-a.org/pdfs/icf-mroutline.pdf and

4) The pamphlet “A Guardian ad Litem’s Guide To Placing People With Developmental Disabilities Or Mental Illness In The Community.” http://www.w-c-a.org/pdfs/gal.pdf

Open Letter To Those Interested In The State Of Special Education
Posted Tuesday, October 12, 2004 by info@drwi.org

Attached you will find the fifth annual compilation which has been compiled by the Wisconsin Coalition for Advocacy (WCA) detailing and comparing special education data from the 25 largest school districts in Wisconsin for the 2002-2003 school year, which is the latest information which the Wisconsin Department of Public Instruction (DPI) has posted on its web site.

As in previous years, WCA has chosen the 25 largest school districts because it does not have the staff resources to provide a full comparison of Wisconsin’s 427 school districts, and because DPI does not post all the data for smaller districts due to privacy concerns. However, anyone wishing to compare your district to any of the districts in this report, may find your district’s special education plan and accompanying data on the web by going to http://www2.dpi.state.wi.us/leareports/.

Wisconsin state law requires that DPI collect the attached data on how special education is delivered throughout the state, and how special education students are performing. WCA believes that everyone involved in special education: parents, students, teachers, administrators, school board members, DPI, legislators, advocates, and interested citizens benefits through a wide dissemination and discussion of how special education is being delivered in Wisconsin. This is particularly true since, the State of Wisconsin has failed to increase state funding through Categorical Aids for special education in 5 out of the past 6 biennial budgets.

WCA believes the comparison between districts can be useful information in order to determine whether certain districts are providing special education supports and services within reasonable norms. Despite the long standing request of WCA and the Quality Education Coalition (QEC), the DPI has not yet established parameters against which parents and school districts can compare their own school district’s performance. Without such parameters, citizens of Wisconsin are left to assume that the statewide average for a particular set of data is a desired goal for each school district to strive towards (within a reasonable range). The good news is that DPI has announced that it intends to begin a more focused approach to monitoring school district performance in delivering special education. However, it is unclear when DPI’s new focused monitoring approach will be fully implemented. Both QEC and WCA believe that this data will help this new focused monitoring system to help ensure that DPI’s limited resources are utilized where they are most needed.

WCA hopes that DPI and local school districts examine the following questions:

- With a statewide average identification rate (based on initial referrals) of approximately 64%, why does the Racine School District identify just slightly over 45% of its initial referrals as students who qualify for special education?

- With a statewide average special education student/staff ratio of 11.9, why does the Wisconsin Rapids School District have a ratio of 13.56?

- With a statewide graduation rate of students with disabilities of just over 86%, why does the Fond du Lac School District fail to graduate any of their students with disabilities?

- With a statewide dropout rate of 2.24% for students with disabilities, why does the Beloit School District have a 7.97% dropout rate for its students with disabilities?

- With a statewide average of 12.41% of students participating in special education, why does the Wauwatosa School District only have 7.65% of their students participate in special education? Similarly, why does the Beloit School District have 17.50% of their students participate in special education?

- Finally, with a statewide average of 12.59% of students with disabilities being suspended (as compared to 5.30% of students without disabilities), why does the Milwaukee Public School District suspend 29.72% of its students with disabilities?

WCA and QEC believe that it is time to make this data work in a positive way for Wisconsin. It is important that parents and schools understand the importance of continued data collection and how to responsibly interpret the data. In some instances, there may be very good reasons for disparities; in other situations, the reasons may not be sound. Without parameters, no benchmarks exist for DPI and others to use when interpreting this data to ensure uniform availability statewide of quality educational opportunities for students with disabilities in Wisconsin. With parameters, DPI can utilize its limited resources to engage in focused monitoring to pay special attention to the school districts that appear to be functioning outside the norm in Wisconsin. In some cases, DPI may discover some unique and beneficial approaches utilized by a particular school district that DPI can then disseminate to other school districts. For example the Fond du Lac School District suspended relatively few children with disabilities (5.33%), and the Wauwatosa and DC Everest School Districts graduated 100% of their eligible students with disabilities. These latter two school districts also reported that none of their special education students dropped out.

WCA and QEC urge DPI to use the new focused monitoring system to raise appropriate concerns if the data reveals that children with disabilities in a particular school district are not receiving a free appropriate public education (FAPE), as is their right under both state and federal law.

To view our report, click on http://www.w-c-a.org/pdfs/serpt.pdf

For more information, contact Jeff Spitzer-Resnick, Managing Attorney at 608-267-0214.

WCA and Local Advocates Work to Improve Access in Superior
Posted Thursday, August 12, 2004 by info@drwi.org

WCA is representing North Country Independent Living Center (the Independent Living Center headquartered in and serving Superior) and several Superior residents with disabilities who are having problems using the City sidewalks and curb cuts. Some of the problems with the sidewalks include steep grades, improper surface texture, inadequate landing area, weeds, buckling sidewalks and crumbing curbs. In addition, new sidewalks and curb cuts have been installed that aren't in compliance with state and federal codes. Residents have made great efforts to photograph and document some of the problem areas when they have made complaints to the City. A handful of these problems were fixed; however, there are now problems with the deterioration of the sidewalks where temporary attempts were made to fix the mistakes. These problems with sidewalks prevent residents of Superior with disabilities from accessing services. By improperly installing and maintaining sidewalks and curb cuts, Superior is in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

With the support of WCA, local advocates have made repeated complaints to elected officials. As a result, Superior has developed a policy on installing and maintaining sidewalks. However, advocates remain concerned that the policies won't be enforced and that new curb cuts are being installed improperly as construction has been done. Residents also worry about the snow removal problems that happen every winter. Although the City has a policy about snow removal, violations are still rampant, preventing people with disabilities from getting around the City.

Advocates want to see a number of improvements made. First, they are demanding that experts be brought in to survey current accessibility of public rights-of-way with recommendations for compliance. Second, they want on-going communication with the Mayor's office and the Department of Public Works to discuss and resolve problems. Finally, they seek a comprehensive, detailed plan with deadlines for actions to address transition elements, maintenance of current sidewalks and new construction and alteration.

In July, representatives attended a meeting with City officials that was called and facilitated by Senator Bob Jauch. Advocates felt positive about the meeting, because the parties were able to come to some agreement. The City acknowledged that they had failed to monitor some of the new construction and had missed mistakes that sub-contractors had made. The Director of Public Works agreed to monitor this so that things improve. The City agreed to fix up to 12 of the problem areas this season and to prioritize the other identified problem areas. Starting next year, every time a person complains, the Public Works Director will respond in writing within 10 days acknowledging the problem and giving a timetable for addressing the area. Because of the concerns of retaliation by some residents, we developed a procedure for complaints being made anonymously through North Country Independent Living.

In addition, the City agreed to request that the Metropolitan Interstate Commission do a comprehensive study of sidewalks for accessibility and make recommendations for corrections and improvements based on pedestrian usage. The City agreed to work on increasing compliance for snow removal. The City will air PSAs, increase citations and will consider contracting with private businesses to remove and bill property owners who continue to violate the ordinance on snow removal. The group will meet again in September. Advocates continue to monitor the situation, but they are hopeful that the City will make the changes necessary to improve accessibility of sidewalks and curb cuts in Superior.

For more information, contact WCA Attorney, Jodi Hanna at jhanna@w-c-a.org

Help America Vote!
Posted Friday, July 23, 2004 by info@drwi.org

WCA has received funding through the Help America Vote Act (HAVA) to advocate for individuals with disabilities on their voting rights. This includes polling site accessibility, voting accessibility, voting registration, and other voting issues related to individuals with disabilities. Our mission is to support people with disabilities to have equal access to the voting process. As part of this effort, we are able to advise individuals about their rights and assist them with complaints and the administrative hearing process.

Individuals with disabilities have many barriers to casting their ballots on election day. Factors that discourage people with disabilities from voting include: physical barriers to entering the poll site, inability to case a ballot due to inaccessible machines, lack of transportation to the polling location, and lack of information about their voting rights. All of these factors lead to low voter turnout among individuals with disabilities. WCA plans to address these issues through education, training, and involvement with the State’s implementation of HAVA.

If you or someone you know is an individual with a disability who has been discriminated against during the voting process, or is interested in learning more about their voting rights, you can contact WCA. We are also available to train organizations and groups on voting rights issues.

For more information on voting rights, see our new web pages at http://www.w-c-a.org/pages/Voting.html

WCA and QEC React to Governor’s Task Force on Education Excellence Report
Posted Monday, July 19, 2004 by info@drwi.org

In a joint letter, the Wisconsin Coalition for Advocacy (WCA) and the Quality Education Coalition (QEC) provided Governor Jim Doyle with their reaction to many of the 40 proposals which the Governor’s Task Force on Education Excellence recently issued. While WCA and QEC are pleased with many of the proposals, including a recommendation to substantially increase state funding for special education, there were other proposals, such as retention of revenue caps, which WCA and QEC believe should be abolished. You may view the entire letter by clicking on http://www.w-c-a.org/pdfs/doyleletter.pdf

MPS Class Notice
Posted Thursday, May 20, 2004 by info@drwi.org

Federal court Judge Aaron Goodstein recently authorized the distribution of notice to possible class members in WCA’s special education class action against Milwaukee Public Schools and the Wisconsin Department of Public Instruction. The court authorized both a short form and a long form of the notice. Although all MPS students will eventually receive a copy of the notice, anyone who is interested in the class action may view the notice by viewing the links below. If you know of people who may be class members, you may feel free to provide a copy of the notice to them.

Short form class notice: http://www.w-c-a.org/pdfs/mspshortnotice.pdf
Long form class notice: http://www.w-c-a.org/pdfs/mpslongnotice.pdf

For a Spanish version of this notice, click here: http://www.w-c-a.org/pdfs/spanishnotice.pdf
For a Hmong version of this notice, click here: http://www.w-c-a.org/pdfs/hmongnotice.pdf

Northern Wisconsin Center Lawsuit Settles: Closing of Long Term Care Unit Will Happen
Posted Tuesday, May 18, 2004 by info@drwi.org

The parties to the lawsuit to stop the closure of the Northern Wisconsin Center for the developmentally disabled have agreed to a settlement that will result in the closure of the long term care unit at Northern. The target date for closure of the Chippewa Falls facility has been moved from December 31, 2004 to June 30, 2005. The state has also made a commitment to seek additional money in the next budget to finish up the process if necessary. The parties—including the guardians—specifically agreed however that this future funding commitment should “not be construed as an open-ended commitment to maintaining long-term care services at NWC in the 2005-07 biennium.” The governor's spokesperson has confirmed that it is the Governor’s expectation that the residents will all be relocated by June of 05.

In all other respects the settlement indicates that the state will comply with existing law throughout the settlement process. It also indicates that the state has been complying with the law in all respects during the downsizing that has occurred since the lawsuit was filed.

According to WCA attorney Mitch Hagopian, who represents WCA in the lawsuit, the settlement is in the interests of the NWC residents, their guardians and the state. “The process of relocating residents was proceeding somewhat slower than originally anticipated. It was pretty clear that not everyone would be placed by the end of December. The extension of the process reflects reality and will allow for careful planning for each resident.”

Hagopian also said that the settlement reflects the extreme weakness of the plaintiffs’ legal case. “There was virtually no legal merit to any of the claims originally made by the plaintiffs. Simply put, there is no law—state or federal—which requires a state to stay in the business of providing institutional services. On the other hand there are strong legal mandates—the Americans with Disabilities Act and the Wisconsin Protective Placement statute to name two—which require the state to vigorously explore alternatives to institutional placement. I assume the plaintiffs settled for extending the closing process because their attorney recognized they were not going to win on the legal merits of the case.” The settlement will result in all of the plaintiffs’ claims being dismissed with prejudice, meaning that they can not be brought again in another lawsuit.

Since the announcement of the closing of the NWC long term care unit, some 30 long term care residents have been relocated, the vast majority to community placements. During the discovery process of the lawsuit guardians of NWC residents who had moved to the community were asked about their wards’ new homes. Every single one of them expressed satisfaction with the planning process and believed the community placement was appropriate for their wards. All these guardians had initially been very opposed to moving their wards from NWC.

While all guardians will be given a choice between community placement and another institution, it is expected that most residents will be served in community settings. Active relocation planning for about 100 of the remaining 117 long term care residents is well underway, and many residents will be relocated this summer. Under the terms of the settlement guardians who continue to refuse to participate in relocation planning will be given some time to get involved. If they continue to refuse to participate their cases will be brought before the court that protectively placed the ward. Obviously, it is not in the best interests of the ward for a guardian to refuse to consider any relocation possibilities once the guardian has been notified the NWC is closing.

The settlement will not become final until the presiding judge, Maryann Sumi, approves it. The guardians who joined in the lawsuit will be given a chance to send Judge Sumi written comments on the proposed settlement and will have a chance to talk to her directly at a hearing on August 2, 2004. The judge will decide whether to approve or reject the settlement at that hearing.

Even after the lawsuit is dismissed WCA will remain closely involved in the closing of the NWC long term care unit. Long time WCA advocacy specialist Susan Tess will continue to participate in the committee of state officials that is overseeing the relocation process, where she will continue to act as the protector of residents’ interests.

A copy of the entire settlement agreement is posted to the website and can be viewed at http://www.w-c-a.org/pdfs/nwcsettlement.pdf. If you have any questions about the settlement, please contact WCA Attorney, Mitch Hagopian, at 608-267-0214.

WCA Obtains USDOJ Expert Report
Posted Thursday, March 25, 2004 by info@drwi.org

Prior to filing its special education class action lawsuit against the Milwaukee Public School (MPS) district and the Wisconsin Department of Public Instruction (DPI), WCA inquired as to whether the U.S. Department of Justice (USDOJ) would consider joining the lawsuit on WCA’s side. The USDOJ agreed to launch an investigation, and hired a professor from the University of Pittsburgh, Dr. Mary Margaret Kerr, as its expert to thoroughly examine the delivery of special education in MPS.

The USDOJ ultimately decided not to intervene in WCA’s lawsuit, informing all parties that its decision should not reflect its opinion on the merits of the case. After that decision was made, WCA sought Dr. Kerr’s report. After over a year of effort to obtain this report, which included a Freedom of Information Act (FOIA) request, 2 subpoenas, and a Motion to Compel, the federal court ultimately ordered the USDOJ to provide WCA and the other parties to the lawsuit, Dr. Kerr’s report.

Dr. Kerr’s 150 page report is a stinging indictment of the delivery of special education in MPS. She also found that DPI has failed in its duty to ensure that MPS follows federal special education law (IDEA). A summary of the conclusions in Dr. Kerr’s report is available at http://www.w-c-a.org/pdfs/summary.pdf
The entire report is available on line at http://www.dawninfo.org/advocacy/issues/sped/MPSV_index.cfm

Important Due Process Hearing Decision Reverses Premature Graduation
Posted Wednesday, January 14, 2004 by info@drwi.org

In a recent due process hearing decision (Case No.: LEA-03-043), an Administrative Law Judge (ALJ) ruled that the Black River Falls School District prematurely graduated a special education student. The student was represented by the Wisconsin Coalition for Advocacy (WCA).

In the decision, the ALJ ruled that although the student had obtained sufficient credits to graduate at the end of his 12th grade year, the graduation was inappropriate for two important reasons. First, the ALJ ruled that the student was denied a free appropriate public education (FAPE) because the school district failed to produce an IEP for him that contained measurable goals and objectives. This is important, because special education students have a right to continue their public education through age 21, even if they have obtained sufficient credits to graduate, if they have not met their IEP goals. In this case, the ALJ ruled that it was impossible to tell if the student had met his IEP goals, because those goals were not measurable.

Second, the ALJ ruled that the school district failed to provide the student with adequate transition services. She found that the student was not prepared to go to college, or to enter the work force. Nor was he adequately prepared to take care of his daily life needs.

Finally, the ALJ ordered the school district to educate the student through age 21, and to provide him with educational services which would be designed to prepare him for college, community living, and to enter the work force.

Lawsuit Challenging Restraint and Seclusion Practices at State Facility Successfully Concluded
Posted Tuesday, January 13, 2004 by info@drwi.org

The State has agreed to pay $365,000.00 in settlement of a federal lawsuit brought by WCA on behalf of five plaintiffs residing at the Wisconsin Resource Center under Wisconsin’s sexual predator law. After attorneys’ fees and costs, this amounts to $500 per day to each of four plaintiffs for every day each spent in seclusion. According to the state, this is the most ever paid to settle a suit filed by individuals in state custody.

The suit, originally filed in 1999, dealt with conditions of confinement at that facility and alleged that the plaintiffs were illegally subjected to long periods of illegal restraint and seclusion in violation of both state law and the constitutional minimum requirements for treatment, under what officials at WRC called “Secure Management Plans.” Under Chapter 980 commitment law, the plaintiffs must be considered patients under civil commitment, not inmates, and are accorded most of the patients’ rights under Chapter 51 mental health law. These Secure Management Plans called for weeks of seclusion at a time, often as a response to plaintiffs fighting with staff or organizing protests over living conditions. The plaintiffs were at times made to strip naked, placed in isolation without toilets and given plastic bags in which to relieve themselves. Plaintiffs’ experts had concluded in their reports that the duration over which the defendants applied seclusion was medically inappropriate and universally condemned by the psychiatric profession as a therapeutic toll.

The state, appealed the district court’s denial of summary judgement in their favor and argued that because the defendant psychologists held master’s degrees in psychology, their judgement to seclude the plaintiffs could not be questioned. In his opinion, U.S. 7th Circuit Appellate Court Judge Easterbrook rejected that argument, stating that the facts as set forth by the plaintiffs showed seclusion for periods far exceeding what could be justified by either security or treatment, and that the state’s position “boils down to a contention that holders of such degrees never need fear liability, even if the whole medical profession and every published scholarly article is against them.”

For more information regarding this lawsuit, contact Managing Attorney Kit Kershensteiner at (608) 267-0214 or KitK@w-c-a.org

MPS Lawsuit Update
Posted Tuesday, December 2, 2003 by info@drwi.org

In September, 2001, the Wisconsin Coalition for Advocacy (WCA) filed a complaint in the U.S. District Court for the Eastern District of Wisconsin after mediation was unsuccessful. The suit is on behalf of students with disabilities in Milwaukee Public Schools (MPS) whose rights are alleged to be violated under the Individuals with Disabilities Education Act. WCA requested the court to accept the case as a class action suit. On November 14, 2003, the court certified a class in this case. However, the court only certified a class of students who have not yet been determined to be eligible for special education, but whom MPS should have evaluated for special education eligibility. WCA feels the court's decision is mistaken, and that the class the judge certified is too narrow to make serious improvements in the delivery of special education in MPS. Therefore, on December 1, 2003, WCA sought permission to appeal the court's class certification decision to the Seventh Circuit Court of Appeals in Chicago.

As part of the suit against MPS, WCA asked U.S. Department of Justice (DOJ) to intervene in the case. DOJ decided not to intervene and did not judge the merits of the case. Since DOJ has refused to provide the parties with its expert's reports, WCA has filed a Motion to Compel the DOJ to provide WCA with its expert's reports.

Class Certification Granted in Special Education Case Against Milwaukee Public Schools
Posted Tuesday, November 18, 2003 by info@drwi.org

On Friday November 14th Magistrate Judge Aaron Goodstein granted WCA’s motion for class certification in their case against Milwaukee Public Schools (MPS) and the State of Wisconsin Department of Public Instruction (DPI). The Court determined that the Plaintiffs have met the threshold requirements to proceed with a class action which was initially filed in September of 2001.

Although the Court narrowed the class that WCA was originally seeking to represent, the Court’s decision recognized that there was evidence of systemic problems within MPS in regard to the way children are initially evaluated for special education and in the meetings set up to determine the appropriate program for those children. In his opinion Judge Goodstein stated, “[T]his court still believes that a group of claims exist that can be classified as systemic...those students who suffer from deficiencies which hinder, unduly delay or prevent them from being initially served.”

There are over 16, 000 students in special education in the Milwaukee Public Schools, and last year alone almost 4000 new students were referred for special education services. The judge’s order excluded from the class certain other claims made by WCA on behalf of the plaintiffs because he believed that those students needed to exhaust administrative remedies available to them before they could seek the assistance of the Federal Court. WCA is considering appealing that part of the ruling to the Seventh Circuit Court of Appeals. A scheduling conference with the judge has been set for December 1st at 9:30.

For More Information contact:

Monica Murphy, Managing Attorney
(414) 342-8700
monicam@w-c-a.org

or

Jeff Sptizer-Resnick, Managing Attorney
(608) 267-0214
spitznick@w-c-a.org

Recent Wisconsin Supreme Court Victory Re: Job Accommodations
Posted Thursday, October 9, 2003 by info@drwi.org

WCA is celebrating a recent victory in the Wisconsin Supreme Court that should make it easier for people with disabilities to get the job accommodations that they need. The case is entitled Crystal Lake Cheese Factory v. LIRC and Susan Catlin. WCA Attorney, Monica Murphy, represented Ms. Catlin.

At issue in the case was the employer's duty to explore accommodations and to modify job duties so that tasks that Ms. Catlin could not perform because of her disability would be designated to others and she would do more of the things that she could do.

Ms. Catlin worked as leader worker on a team of four people in the wholesale department at the Crystal Lake Cheese Factory. The team consisted of four positions that each had their unique duties but each person was cross trained and each routinely assisted the others during the course of the day. Ms. Catlin was injured in a car accident and became disabled from a spinal cord injury. She now uses a wheelchair for mobility and has some limitations on her upper body movement as well. When she attempted to return to work after her accident, the employer refused to return her telephone calls. It was only some months later when she received her COBRA notice that she realized she had been officially terminated. She filed a discrimination complaint with the State of Wisconsin Equal Rights Division.

The employer argued that Ms. Catlin could not be accommodated because she could not perform all the functions of all four positions. Ms. Catlin's expert who had visited the work site determined that while some minor physical modifications to the plant would have to be made the easiest way to accommodate her in the position was to eliminate the need for her to do the heaviest lifting tasks by assigning those to others. The administrative law judge agreed that it was not possible to accommodate Ms. Catlin and ruled in favor of the employer.

WCA Attorney Monica Murphy appealed that decision to the Labor and Industry Review Commission which reversed it finding that the employer could have accommodated Ms. Catlin without hardship. The employer then appealed to Circuit Court which ruled in Ms. Catlin's favor as did the Court of Appeals.

The final decision maker became the Wisconsin Supreme Court. Crystal Lake argued that the Wisconsin Fair Employment Act should be interpreted similarly to the Americans with Disabilities Act which does not require restructuring of job duties considered to be essential functions and that accommodating Ms. Catlin would be a hardship on the employer.

The Supreme Court in a lengthy 4-3 ruling did not agree. The Court made clear that the Wisconsin Fair Employment Act (WEFA) is distinct from the ADA and that it is to be broadly construed to provide protections to people with disabilities. The Court found that by ignoring Ms. Catlin's phone calls and failing to determine what accommodations were necessary for her that Crystal Lake had violated the intent of the ADA. The Court further held that a change in job duties may be a reasonable accommodation in a given circumstance and that Crystal Lake had failed to prove that such a change of duties would be a hardship.

This is good news for people with disabilities in Wisconsin because it makes clear that the ADA is not controlling in interpreting the WFEA act so some of the recent harsh decisions under the ADA will not necessarily be followed under the WFEA. It also makes clear that the employer has a duty to interact with the employee and do a reasonable investigation of possible accommodations, and finally that a change in job duties may be a reasonable accommodation.

For more information about this decision, contact WCA Attorney Monica Murphy in the WCA Milwaukee office (414-342-8700) or monicam@w-c-a.org

Update Re: WCA's Class Action Against the Milwaukee Public Schools (MPS) and the Wisconsin Department of Instruction (DPI)
Posted Thursday, June 5, 2003 by info@drwi.org

We recently received a decision from the court on our Motion for Class Certification. Basically, the court has asked us to amend our motion to fit the class which the judge believes is appropriate to move ahead in this case. Although we disagree with his analysis, since he has ordered us to do so, we will amend our motion for class certification by June 23rd.

In this motion, we will propose two sub-classes which will conform to the judge's decision. One sub-class, which we expect the court to approve, will cover evaluations and IEP procedural issues.
The other subclass, which the court probably will not approve, but we can appeal later, if necessary, will cover the following issues: 1) IEP implementation and distribution; 2) transition; 3) placement; 4)discipline; 5) non-attendance; and 6) lack of qualified personnel. We will notify you when we receive a decision on our amended motion.

The U.S. Department of Justice decided not to intervene in our case. Their letter stated that their decision not to intervene should not be viewed as their making any judgment about the merits of our
case. We are in the process of trying to obtain a copy of their experts’ reports so we can use them in our case.

In February 2003, MPS and DPI approached us to return to mediation. Since we did not think the previous mediation sessions went very well, we told them we would only return to mediation if they
changed the structure and format in order to make the mediation sessions more productive. We are still awaiting a response from MPS and DPI as to whether they agree to our conditions for returning
to mediation.

If you have any questions about the status of this class action, contact Managing Attorney, Jeff Spitzer-Resnick in the WCA Madison office: 608-267-0214.

WCA Initiates New Project Focusing on Violence Against Women with Disabilities in Wisconsin
Posted Thursday, May 1, 2003 by info@drwi.org

It is estimated that women with disabilities, regardless of race, age, ethnicity, class or sexual orientation, are assaulted, raped and abused at a rate two times greater than women without disabilities. In accordance with the Wisconsin Coalition for Advocacy's commitment to ending abuse against people with disabilities, WCA competed with 30 other national applicants for grants to address violence against women with disabilities. In the fall of 2002 WCA was one of 18 organizations awarded a two-year Education and Technical Assistance Grant to End Violence Against Women with Disabilities by the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice. These federal grants focusing on violence against women with disabilities were made available through passage of the Violence Against Women Act (VAWA) of 2000. While WCA serves as the lead organization, this project's mission and activities are founded on collaboration. The Project partner organizations include the Wisconsin Coalition Against Domestic Violence (WCADV), Wisconsin Coalition Against Sexual Assault (WCASA), and IndependenceFirst.

Wisconsin has made a promising start in responding effectively to women with disabilities who experience sexual assault, domestic violence or stalking. This project's mission is to coordinate and elevate the efforts of these project partners and others to forge a unified approach to address the needs of women in all disability populations and in all locales in the state. The project's goal is to permanently elevate collaboration among state and local sexual assault (SA), domestic violence (DV), and disability programs in Wisconsin; and enhance the capacity of local SA, DV and disability programs to respond to violence against women with disabilities.

WCA and its partner organizations seek to accomplish four main objectives:

· Objective 1: Develop training/resource materials, curricula and response protocols in Wisconsin focused on sexual assault, domestic violence and stalking in the lives of women with disabilities, including women with developmental disabilities, physical and/or sensory disabilities, and/or mental illness.

· Objective 2: Provide jointly-sponsored cross-training events in all six regions of Wisconsin for combined audiences of staff working in SA, DV and disability provider/advocacy organizations as well as representatives of consumer advocacy groups.

· Objective 3: Promote compliance with both the spirit and the letter of the Americans with Disabilities Act in local SA and DV programs around Wisconsin, and in county systems' overall provision of SA and DV services.

· Objective 4: Provide technical assistance to local SA, DV and disability programs on both the program and individual case level, in relation to their provision of assistance to women with disabilities who have experienced SA, DV or stalking.

A key component of this collaboration will be carried out on a regional level in Wisconsin. WCA is organizing six Regional Planning Groups for this Project. (Click on http://www.w-c-a.org/pdfs/vawa.pdf to see the Project Regions Map.) These Regional Planning Groups are being established to:

1. identify a region's specific needs around learning about and addressing violence against women with disabilities;

2. enhance collaboration among consumer organizations, domestic violence programs, sexual assault programs, disability advocacy and services programs; and

3. assist with the regional cross-training events in each region.

If you are a local domestic violence or sexual assault program staff person, local disability provider, local Coordinated Community Response team member, consumer/survivor/victim (formerly battered women, victims/survivors of sexual assault, and women with disabilities), county human services staff person, or other interested stakeholder, your input is needed. Please contact Amy Judy, Project Coordinator, at WCA by telephone: 608-267-0214 (voice and TTY) or email : amyj@w-c-a.org for more information.

This project is supported by Grant No. 2002-FW-BX-0018 awarded by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

WCA Launches New Protection and Advocacy Program for People with Traumatic Brain Injuries
Posted Monday, April 28, 2003 by info@drwi.org

In 2003, WCA learned that it was one of 28 states to receive a grant to increase our advocacy for people with traumatic brain injuries (TBI). Under this grant a TBI is generally defined as an injury to the head due to blunt or penetrating trauma or from acceleration-deceleration forces, such as a car accident or gunshot wound. WCA was able to make a strong application because we had already focused on representing people with brain injuries needing funding for the services and supports required to live in the community. We have been working closely with rehabilitation center staff around the state to ensure that people with traumatic brain injuries are not placed in institutions after completing rehabilitation.

With this new grant, WCA will expand our information and referral, individual representation and systems advocacy. We will increase our direct representation of people with traumatic brain injuries in our priority areas. These areas include receiving funding for community services and challenging discrimination, especially in employment and housing. Part of our systems impact includes advocating for full funding of the traumatic brain injury medicaid waiver program. We want to ensure that people with traumatic brain injuries don't end up on long waiting lists for services. In addition we will advocate for state funding and legislation to create a statewide coordinated trauma response network

WCA will continue our close relationship with the Brain Injury Association of Wisconsin, which includes cross-referrals, regular meetings, joint systems advocacy and joint trainings. We plan to co-sponsor a low-cost regional training for advocates and self-advocates on Saturday, October 25, 2003, in Brookfield, Wisconsin. Allan Bergman of the Brain Injury Association of America will be our keynote speaker. WCA will post detailed information on this web site closer to the date of the training.

WCA staff will continue to come to brain injury support group meetings to explain WCA services and to offer training on a wide variety of issues from employment discrimination to Medicaid. If you are interested in inviting a WCA staff member to present to your group, please contact Supervising Attorney Jodi Hanna at
jhanna@w-c-a.org.

If you are interested in requesting individual advocacy assistance, please contact our Madison office at 608-267-0214 (voice & TTY) or toll-free 1-800-928-8778 (for consumers and family members).

WCA Opens Northern Wisconsin Office
Posted Thursday, April 3, 2003 by info@drwi.org

WCA has opened a permanent WCA office in Rice Lake to enhance our presence in the northern part of the state. This decision grew out of three years of planning by WCA Board members and staff, and included input from a variety of stakeholders in northern Wisconsin. The planning process identified northwest Wisconsin as being the farthest region in the state from the WCA Milwaukee and Madison offices. Rice Lake was chosen because of its central location in the area and its role as a regional center for many services. The office is shared with the Center for Independent Living in Western Wisconsin (CIL-WW).

Rick Pelishek, who was born and raised in Northeastern Wisconsin, has been hired as the first staff member and Rural Transportation Coordinator in the Rice Lake office. He brings a strong background in coalition building, education, and advocacy.

A project of national significance grant from the Federal Administration on Developmental Disabilities focusing on improving rural transportation helped to make the Rice Lake office a reality. WCA and CIL-WW will be partners on this rural transportation project.

The project focuses on:
- coordinating public transportation across agency and county lines
- developing a transportation coalition for Barron, Polk, and Rusk counties
- working with the Area Consortium on Transportation (ACT), which is addressing the transportation needs of individuals with disabilities living in Chippewa, Dunn, Eau Claire, Pierce and St. Croix counties
- individual advocacy on transportation issues
- educating consumers on transportation rights
- identifying barriers to effective coordination of services
- advocating for changes in public policy to remove barriers to transportation

Cami Engel was hired by the CILWW as a Community Transportation Specialist and will be working with Rick on this project. Cami is a native of Wisconsin and lives in Cameron. She is a UW-Stout graduate and recently worked with the Eau Claire Interfaith Hospitality Network.

We welcome your input to the project and are seeking involvement from consumers and local advocacy organizations. Both Rick and Cami are available to assist individuals in Northwestern Wisconsin regarding their transportation needs. You may contact Rick Pelishek at 715-736-1800 (voice and TTY), or by e-mail at rpelishek@chibardun.net. Our office is located at 113 N. Main Street in Rice Lake 54868.

Disability Advocates and Counties Applaud Governor Doyle's Leadership
Posted Wednesday, February 19, 2003 by info@drwi.org

WCA and over forty organizations representing people with disabilities, children and families, older people and Wisconsin's seventy-two counties, today joined together to proclaim strong support for Governor Doyle's plan to end long-term placements at Northern Center for the Developmentally Disabled. With his plan, Doyle paves the way for Wisconsin to join thirty-eight other states that have already begun closing their state-run institutions for people with developmental disabilities, and who are enabling the former residents to receive more personalized and appropriate services in smaller, community settings.

The Wisconsin Counties Association joins an extensive list of organizations supporting the leadership and vision coming from Governor Doyle and Helene Nelson, Secretary of the Department of Health and Family Services. "Disability advocates and counties are hopeful this will be the first of many steps that the Governor and his administration will take to definitively confirm the value and place of community services in Wisconsin, and to confirm the rights of all Wisconsin citizens to be supported to live in their own communities," said Lynn Breedlove, Co-Chair of the Survival Coalition and Executive Director of the Wisconsin Coalition for Advocacy.

According to Lisa Mills, Administrator for People First Wisconsin, "The era of large-scale, state-run institutions has passed. Those who have had the courage to look forward and develop community services have seen the obvious benefits that have accrued for people with developmental disabilities and our communities." Wisconsin was one of the first states to develop community alternatives to institutions, over thirty years ago. At that time, State Center populations peaked at over 3,000. Since then, Wisconsin has successfully placed over 2,000 former Center residents, 1,080 of which are served through the CIP 1-A program. 96% of guardians, for people served by the CIP 1-A program, report that they are satisfied with the community services received.

Today, just 173 residents remain at Northern Center, and new admissions have stopped. Excessive administrative costs have led to an inflated cost per person of $500/day at Northern Center. No longer using Northern Center as a long term residence will result in a savings of state and federal tax dollars, both during this biennium and in the future. For years now, the question facing Wisconsin has been not if, but when Wisconsin would begin closing any of its three State Centers. Disability advocates and others applaud Governor Doyle for his leadership in moving Wisconsin forward, and giving each and every individual living in Northern Center a chance for a better life in the community. Elio Pascutti, former Director of Headwaters, a community provider from north central Wisconsin, which serves many former Northern residents, and brother-in-law of a woman who left Northern two years ago after spending 53 years there, calls this "a glorious day in the history of Wisconsin" and stated "this is the end of an era of discrimination: these individuals will now be able to take their rightful place in the community, and have opportunities like the rest of us. We've worked a lifetime for this to happen."

Darwin Ness, who lived at Northern for 47 years, but has lived in the community since 1985, heard the news of Governor Doyle's proposal and was truly pleased. Despite needing twenty-four hour support, Darwin has made the most of his life in the community, including dog sledding in Canada and working five days a week at the Department of Health and Family Services. Darwin proves to all of us that whatever your disability, there are opportunities for a full life in the community. Darwin signaled that he cares deeply for those he left behind at Northern, and he celebrates today as their ticket to the freedom he has found.

To view the proclamation in support of Governor Doyle's proposal click on http://www.w-c-a.org/pdfs/proclamation.pdf

WCA Makes the Headline Story in the Milwaukee Journal-Sentinel
Posted Wednesday, January 22, 2003 by info@drwi.org

The Milwaukee Journal-Sentinel has written a story about a case WCA Attorney Todd Winstrom has been working on of a woman with mental illness at Taycheedah Correctional Institution who was impregnated by a prison guard. To read the Milwaukee Journal-Sentinel story on-line go to: http://www.jsonline.com/news/metro/jan03/112471.asp

Highlights of WCA FY2003 Plans
Posted Friday, January 3, 2003 by info@drwi.org

Each year all of the WCA Teams engage in a thorough planning process for the upcoming fiscal year. Before the plans are finalized they are reviewed by the WCA Board Program Advisory Committees. The planning is organized around the ENDS Policies and the Executive Limitations policies developed by the WCA Board of Directors. The ENDS Policies define the long term outcomes WCA wants to achieve for people with disabilities. The Executive Limitation Policies define the limits of staff around methods and activities, mostly administrative and operational.

To view the highlights of the WCA FY03 plans click on: http://www.w-c-a.org/pdfs/highlights.pdf

If you need this document in an alternative format e-mail us as lorip@w-c-a.org

Open Letter to Those Interested in Delivery of Special Education in Wisconsin
Posted Tuesday, November 26, 2002 by info@drwi.org

December 6, 2002

The Wisconsin Coalition for Advocacy now has available the third annual compilation detailing and comparing special education data from the 25 largest school districts in Wisconsin for the 2000-2001 school year, which is the latest information which the Wisconsin Department of Public Instruction (DPI) has posted on its web site. Although many school districts have requested that we utilize 2001-2002 data, their complaints should be directed towards DPI which has failed to post that data to their web site, therefore making it inaccessible to WCA and the general public. The Quality Education Coalition (QEC), a statewide coalition of parents and organizations working to improve the delivery of special education in Wisconsin fully supports the release of this report and the following recommendations. Both WCA and QEC urge DPI to post this data in a more timely fashion on it's web site so all of Wisconsin's citizens can have the benefit of the most current information. Nevertheless, WCA and QEC still believe that there are important lessons to be learned from the 2000-2001 school year data, as described below.

As in previous years, WCA has chosen the 25 largest school districts because we do not have the staff resources to provide a full comparison of Wisconsin's 427 school districts, and because DPI does not post all the data for smaller districts due to privacy concerns. However, if you wish to compare your district to any of the districts in this report, you may find your district's special education plan and accompanying data on the web by going to http://www2.dpi.state. wi.usl1eareports/.

Wisconsin state law requires that DPI collect the attached data on how special education is delivered throughout the state, and how special education students are performing. Both WCA and QEC believe that everyone involved in special education: parents, students, teachers, administrators, school board members, DPI, legislators, advocates, and interested citizens benefits through a wide dissemination and discussion of how special education is being delivered in Wisconsin. This is particularly true since, by the time the current biennial budget is over on June 30, 2003, the State of Wisconsin will have failed to increase state funding for special education in 8 out of the past 10 years.

Both WCA and QEC believe the comparison between districts can be useful information in order to determine whether certain districts are providing special education supports and services within reasonable norms. Despite the long standing request of WCA and QEC, the DPI has not yet established parameters against which parents and school districts can compare their own school district's performance. Without such parameters, citizens of Wisconsin are left to assume that the statewide average for a particular set of data is a desired goal for each school district to strive towards (within a reasonable range). However, that is not a scientific determination and questions as listed below remain unanswered:

• With a statewide average identification rate (based on initial referrals) of approximately 66%, should the citizens of West Bend be concerned that the West Bend school district identifies just under 41% of its initial referrals as students who qualify for special education? Similarly, should the citizens of LaCrosse be concerned that the LaCrosse school district identifies nearly 92% of its initial referrals as students who qualify for special education?

• With a statewide average special education student/staff ratio of 12.03, should the citizens of DC Everest be concerned that their school district has a ratio of 19.22? (Please note that DC Everest claims that this number is inaccurate, nevertheless it is the number posted by DPI on its web site as of this date).

• With a statewide graduation rate of students with disabilities of just over 87%, should the citizens of Beloit be concerned that a mere 16.67% of their students with disabilities graduated?

• With a statewide average of 12.2% of students participating in special education, should the citizens of Wauwatosa be concerned that only 6.67% of their students participate in special education? Similarly, should the citizens of Beloit be concerned that 18.67% of their students participate in special education? Moreover, should DPI pay special attention to these school districts as they are at the bottom and top of this category for the second year in a row?

• Finally, with a statewide average of 12.65% of students with disabilities being suspended (as compared to 5.53% of students without disabilities), should the citizens of Milwaukee be concerned that 28.03% of its students with disabilities were suspended? Moreover, should DPI pay special attention that Milwaukee leads this category for the second year in a row, and it's suspension rate for children in special education is rising?

WCA and QEC believe that it is time to make this data work in a positive way for Wisconsin. It is important that parents and schools understand the importance of continued data collection and how to responsibly interpret the data. In some instances, there may be very good reasons for disparities; in other situations, reasons may not be sound. Without parameters, no benchmarks exist for DPI and others to use when interpreting this data to ensure uniform availability statewide of quality educational opportunities for students with disabilities in Wisconsin. With parameters, DPI can utilize it's limited resources to engage in focused monitoring to pay special attention to the school districts that appear to be functioning outside the norm in Wisconsin. In some cases, DPI may discover some unique and beneficial approaches utilized by a particular school district that DPI can then disseminate to other school districts. In other cases, DPI may raise appropriate concerns if the data reveals that children with disabilities in a particular school district are not receiving a free appropriate public education (FAPE), as is their right under both state and federal law.

To receive a copy of this detailed report, e-mail WCA at the address noted above.

(Subsequent to the original release of this report, the Beloit School District reported to WCA that it’s graduation rate for the 2000-01 school year, as reported on the DPI web site, was incorrect. It reported to WCA that it’s actual graduation rate was 97.05%.)

WCA Files Class Action Motion in Federal Court to Represent All Special Education
Posted Monday, November 11, 2002 by info@drwi.org

The Wisconsin Coalition for Advocacy (WCA) filed a class action motion on November 7, 2002 in federal court seeking to represent all special education students in the Milwaukee Public School system. The organization is suing both MPS and the State of Wisconsin Department of Public Instruction (DPI) for wholesale violations of federal special education laws. If granted, the class certification will mean that WCA represents all of the approximately 17,000 MPS special education students in its suit against the system.

The Coalition already represents seven named plaintiffs in the litigation, and today's motion claims that these students are representative of issues faced by all MPS students.

"Our named plaintiffs face a variety of issues, including improper placements, failure to comply with individual education plans, excessive use of suspensions and expulsions, and failure to plan for transition out of MPS into the real world," said WCA Attorney Jeff Spitzer Resnick. "We are also convinced from our two-year long investigation that the problems are not just limited to our plaintiffs, but are in fact system-wide."

In its investigation, WCA has taken depositions of many present and former MPS officials including former Superintendent Spence Korte and school board member John Gardner. The agency has also taken formal declarations from approximately 30 parents of special education students and interviewed many more, has obtained over 30,000 MPS documents, and has reviewed 98 complaints against MPS that were substantiated by the Department of Public Instruction.

"The evidence of system-wide failure is overwhelming," said WCA Attorney Monica Murphy. "Not only has MPS failed these students and their families, but DPI has also failed to hold up their end of the bargain. They substantiate complaints, but nothing ever changes. It is extremely frustrating for these kids and families."

WCA's class action brief was accompanied by concurring reports from special education experts Prof. Lou Brown of the University of Wisconsin - Madison, Prof. Diana Rogers-Adkinson of the University of Wisconsin-Whitewater, and Prof. James Tucker of the University of Tennessee-Chattanooga.

For more information contact:
WCA Attorney Jeff Spitzer-Resnick 608-267-0214
WCA Attorney Monica Murphy, 414-342-8700
WCA Attorney Michael Bachhuber, 414-342-8700

ADA Partnership
Posted Tuesday, October 29, 2002 by info@drwi.org

The Wisconsin Coalition for Advocacy (WCA) will be housing the ADA (Americans with Disabilities Act) Partnership. The ADA Partnership is funded by a grant through the Great Lakes Disability and Business Technical Assistance Center. The Great Lakes Disability and Business Technical Assistance Center is one of 10 regional centers that provide technical assistance and training regarding the Americans with Disabilities Act (ADA). The ADA Partnership grant provides assistance to the entire state of Wisconsin.

The purpose of the ADA Partnership grant is to provide a means for businesses, government entities, and people with disabilities to work together to understand and implement the ADA. In past years, the ADA Partnership has held employment fairs, staffed educational booths at professional association conferences, provided training on the ADA, and offered mini-grants for ADA related activities.

If you have specific questions about the ADA you can contact the Great Lakes Technical Assistance Center at . You can also contact WCA if you are interested in receiving training for your business, government agency, or disability related organization. This training can be based upon any of the issues addressed by the ADA, such as employment accommodations, architectural accessibility, service animals, filing complaints, etc.

We encourage you to contact WCA if you are interested in participating in the ADA Partnership as a committee member, or if you have a suggestion for a activity that the ADA Partnership should sponsor. The ADA Partnership strives to provide services for the entire state. We request that individuals and organizations in the northern part of the state or in more rural areas contact the ADA Partnership regarding participation in the organization. Travel grants are available.

To view the ADA Partnership website click on http://www.adawipartnership.w-c-a.org

Recall of Invacare Power Operated Wheelchairs
Posted Tuesday, October 29, 2002 by info@drwi.org

This is an informational message of high importance to those with power operated wheelchairs made by the Invacare Corp, the world's largest maker of battery operated wheelchairs.

Some models have a defective battery-charging wiring system, which has resulted in several deaths. Some individuals have been badly burned when the wheelchairs ignited. Invacare quietly began a recall in April 2000. In September 2000 the number of models being recalled was expanded from six to sixteen. The recall now covers all powered wheelchairs Invacare made from 1985 to 2000, or approximately 215,000 wheelchairs.

If you have an Invacare power wheelchair purchased between 1988 and June of 2000, contact the dealer from which you purchased your chair to have the replacement kit installed on your wheelchair.If you cannot locate your original dealer, contact Invacare Corporation at 1-800-333-6900 and select Option 8 and they will direct you to an Invacare Service Center.

For more details regarding the dangerousness of of the Invacare wheelchair defects click on this link:
http://cleveland.com/business/plaindealer/index.ssf?/xml/story.ssf/html_standard.xsl?/base/business/1030872676100890.xml