Interesting chart re: AZ budget cuts & potential federal stimulus funds

http://www.azftf.gov/PublicNoticeAttachmentCenter/02-27-2009%20PNL%20Attachment%202.pdf

Possible positive news ... UPDATE 3/6/09

3/6/09 UPDATE to this news item: The info I posted about the preliminary injunction in the AAPPD case vs. The State re: DDD cuts was incorrect. The judge has not yet made any rulings in the case, and is not scheduled to until next week.

Info available online re: AAPPD court case vs. State of AZ & DES

The civil case was filed in Superior Court of Marciopa County - (to find docket entries use case # CV2009-006509).

The Honorable Joseph B. Heilman initially presided over the case, and it appears - based on the minutes of 2/27/09 - that the case will be (or has been) changed to being presided over by The Honorable Bethany G. Hicks.

Official minutes recorded and posted regarding the proceedings can be found by searching here using the following case number: CV2009006509

Where to send your appeal letter re: suspension of AzEIP services

Here is the page that describes the process of filing a complaint/appeal regarding your child's services: https://egov.azdes.gov/cmsinternet/main.aspx?menu=98&id=2366

Below the addresses to which you should send your complaint/appeals letters is the portion of the above-linked page that lays out the steps for filing a complaint with DES/AzEIP:

Send complaint/appeal letters to:
Arizona Center for Disability Law
5025 E Washington St, ste 202
Phoenix, AZ

AzEIP - Dispute
3839 N 3rd St
Suite 304
Phoenix, Az
KTaylor@azdes. gov

DDD - Disputes
1789 W Jefferson St., 4th floor
Phoenix, Az 85007

System Complaint

If you believe there has been any violation of the requirements and regulations of IDEA, Part C, including a violation of your child's or family's rights, you may file a complaint with DES/AzEIP.

Steps in initiating a complaint:

1. You must send a written, signed complaint to:
   Executive Director, DES/AzEIP
   3839 N. 3rd Street, Suite 304
   Phoenix, Arizona 85012
   
2. The written, signed complaint must include a statement that there has been a violation of a requirement or regulation of IDEA, Part C, and the facts of the situation.
   
3. The Executive Director or a designee will review the complaint and decide if it is a valid complaint. A complaint will be judged valid if the alleged violation occurred not more than one year before the date the complaint was received, unless:
   1. the alleged violation continues for the child or other children; or
   2. the person making the complaint is requesting reimbursement or corrective action for a violation that occurred not more than three years before the complaint was received.
      
4. If the complaint is judged to be valid, then the Executive Director or a designee will review all the relevant information and will:
   1. conduct an on-site investigation, if necessary; and
   2. give the person making the complaint the opportunity to submit additional information, either orally or in writing.

The Executive Director or a designee will make an independent decision as to whether there has been a violation of IDEA, Part C and send a written copy of the decision to all parties within 60 days of receiving the complaint.

Sample letter to appeal suspension of AZ DDD early intervention services

This came from the Arizona Autism Coalition

IDEA Part C Procedural Safeguards If your child is between the ages of 0-3 and has been affected by these cuts, you have Federal safeguard rights that are meant to protect your child. Early intervention is partially funded by both State and Federal dollars, thus you must take action and appeal your child's termination of services. Follow the appeals process (Administrative Review) carefully that is specifically detailed in the DES letter -- you have 35 days from the date of the letter to appeal. Here is a sample letter: To Whom It May Concern: My child is 2 years old and has a diagnosis of ___________. He/she has been receiving one hour per week of occupational therapy and speech therapy since July 2008, along with two hours per week with a developmental specialist. I received a letter from DES dated March 3, 2009, informing me that my child would no longer be receiving any therapies after March 13, 2009, due to the State's economic hardships. I respectfully request an Administrative Review and appeal this decision to remove services from my child. My child is entitled to early intervention services based on the Individuals with Disabilities Education Act (IDEA). According to Federal IDEA policy, services can only be stopped if the parents choose to withdraw their consent to participate or the child no longer needs services. Neither of which is the case. Also according to IDEA, services must stay in place while dispute resolution takes place. Removing services from my child in this manner is a direct violation of IDEA, and I fully intend to dispute this removal of early intervention services. Sincerely,

Please visit the Arizona Autism Coalition website, www.azautism.org for information and updates.

Video of last week's Rally at the capitol

Click here to see a news story/video from last week's rally at the capitol.

10-day notices going out to families ... sad news ...

From the blog of a local early interventionist ...

It will be public knowledge soon enough. I heard from a DDD support coordinator (and my supervisor heard from another source) that 10-day termination letters to families went in the mail today. My understanding is that means most services for children who do not qualify for long term care will end on March 13. We still have not been told when we'll have to stop providing services. It may become clearer when we actually see the letters that go out, but right now it isn't looking good. Families will still have the option of trying to get their insurance to cover therapies (which can be difficult), or paying privately (not cheap). Truly, though, we are in the 11th hour, waiting for a pardon.

To read the rest of her entry, go here: http://uponeagleswings.blogspot.com/2009/03/i-suppose-i-can-post-this.html

DES cuts hit elderly, children, families

Michelle Reese
Feb 28, 2009 (The Tribune - McClatchy-Tribune Information Services via COMTEX) --

The cuts made by the state Department of Economic Security in the last few weeks have been reported in headlines and spreadsheets, on Web sites and editorials.

While the governor is taking steps to restore one of the most noted cuts -- childcare subsidies to working poor families -- through the use of federal stimulus funs, still many others are going forth.

More than 700 employees in DES programs are without jobs, including some Child Protective Services investigators. About 9,000 must take furlough days between now and June 12. Not every case of abuse or neglect will be looked into, the DES Web site reports. Not every child will get services that may help development.

For Carrie Reed of Queen Creek, the financial impact of these cuts may be seen in the face of her 8-year-old daughter, Lauren.

"Lauren is nonverbal," Reed said. "Her only way to communicate is through song."

To read the rest of this article, click here: http://www.individual.com/story.php?story=97106506

Write Governor Brewer re: using Federal Stimulus funds to restore services!

I learned at a meeting this morning, that it is imperative that families, service providers and concerned citizens of Arizona should write to Governor Brewer directly (contact info & link below) to request that she allocates Federal Stimulus funds that will be coming her way to the restoration services in Fiscal Year (FY) 2009-2010 for children and adults with disabilities that have been swiped out from under them as a result of the recent DDD cuts!

The responsibility to decide how to use the Federal Stimulus funds will be solely Governor Brewer's, not DES's ... not DDD's ... not the State Legislature's ... only Governor Brewer's! These funds will be coming to Arizona very soon, so is vital that she receives letter after letter after letter urging her to use Fed. Stim. package funds to help restore services to the children and adults with disabilities who may very well suffer irreparable harm if their support and therapeutic services are not restored, and soon!

• Here is a nice fill-in-the-blank letter (which you can personalize!) via the Children's Action Alliance website: http://action.voiceshub.org/campaign/fedstimulus_DEScuts

• Here is the link to contact Governor Brewer via email (also includes snail mail address & phone numbers): http://azgovernor.gov/Contact.asp

What? You're still here?? Go! Start writing those letters and spread the word!! : )

"Families worry about (Early Intervention) DES cuts

Families worry about DES cuts

by Melissa Gonzalo - Feb. 24, 2009 06:25 PM
12 News

Advocates and parents are concerned children under the age of three with developmental disabilities will have to go without therapy after the Department of Economic Security announced budget cuts about a week ago. According to Southwest Human Development, the cuts would take away state-funded speech, occupational and physical therapy for these children, and essentially leave them without these therapies as they are too young to receive federal funding.

Parents like Shawnie Huff say they can't afford to wait three years. Huff has three children with down syndrome. Five-year-old Tyler knows how to write his name on his own. His older sister Tia is functioning in a normal first grade classroom despite both of them having down syndrome. Huff said these accomplishments would be impossible if it weren't for the therapy they received since they were just a few months old. "I can't imagine my kids not having it, because I know the growth that they did in the first three years," she said.

Developmentally disabled children are eligible for federal funding once they turn three, but that delay could end up costing the state more in the long-run. "There's a tremendous amount of research that says early intervention makes a huge difference," said Dr. Trudi Norman-Murch of Southwest Human Development. "Every dollar you spend helping children during the first few years pays off tremendously...just purely economically in terms of how much special ed they need later on, how much help they need in being independent."

Huff and her husband adopted two-year-old Max nine months ago and have seen major progress in his development. He also has down syndrome, and Huff said she can't imagine him no longer receiving therapy. "I keep telling my husband I hope I know enough," said Huff.

DES said all the cuts are difficult, but they have to manage within the resources the state gives them. The cuts are set to take effect March 1st. But advocates and parents are appealing to lawmakers and the governor to reconsider.

"Filing decries (DDD) disability funding cuts" in Arizona

Story found here: http://www.azcentral.com/news/articles/2009/02/28/20090228dessuit0228.html

A coalition seeking to block steep service cuts for about 4,000 people living with disabilities will try to convince a judge next week that the state acted improperly.

The group, which includes service providers and their clients, filed a complaint in Maricopa County Superior Court on Friday seeking a temporary restraining order. If granted, the order would prevent the Department of Economic Security from reducing services provided through its Division of Developmental Disabilities.

About 4,000 people are scheduled to lose services Sunday as the result of cuts made in the wake of the Legislature's $1.6 billion budget fix earlier this year.

"What the state is proposing to do is to pull the rug out from under . . . some of our most vulnerable citizens," said John Dacey, attorney for the plaintiffs.

On Friday, Dacey argued that the Legislature violated the Constitution in January when it instructed DES to reduce its budget by $43 million.

Plaintiffs told the court that the Legislature improperly delegated its authority to the agency, which is part of the executive branch.

Lawyers for the state responded by saying that it has been the Legislature's standard practice to appropriate "lump sums" to state agencies and allow them to decide how to spend or cut money.

Judge Joseph Heilman scheduled a hearing for Monday to further discuss the issue. He declined to issue a restraining order Friday, saying a few days' delay would not cause irreparable harm to the plaintiffs.