Subject:                          Law Center Update: 2010 brings changes and new projects

 

logoTHE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA

Affiliated with the Lawyers Committee for Civil Rights Under Law

In this Newsletter

Racial discrimination alleged in vote

IDEA Consultation Services

Resource for pro se parents

FL Medicaid Trial Continues

Article Headline

Precident setting order in voting case

 

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LETTER FROM THE EXECUTIVE DIRECTOR

 

Children with disabilities and their parents gained a creative and energetic advocate last month when I named Law Center lawyer Sonja D. Kerr as the Director of the Law Center's Disabilities Rights Project.  Sonja, who joined us last March from a private practice in Alaska, has represented children with disabilities for more than 20 years in states around the country including Minnesota, Indiana and Alaska. She was a founder and the first chair of the national organization Council of Parent Advocates and Attorneys (COPAA).  For Sonja, as for the rest of us at the Law Center, the core mission is to ensure that people have access to the material benefits of society-and when disability, or poverty, or race deprive people of those benefits, we use our skills as lawyers to remove those barriers. 

 

Working collaboratively with established advocates in Philadelphia, Sonja and the Law Center will build upon the focus on employment during our 40th anniversary symposium and take on the barriers that prevent people with disabilities from working.  Among other projects, we will hold schools and other officials accountable for getting students with disabilities real, meaningful transition services to prepare them for the working world.   Sonja will also dismantle those structures that keep children with disabilities out of school altogether, created when districts ignore needed services and instead improperly rely on school discipline and criminal proceedings.  Finally, Sonja will continue her lifetime's work in solving the shortage of trained, qualified lawyers who can represent families and children with disability.  Her article in the Alaska Law Review, described below, and the Law Center's new consultation services are only two of the Law Center's initiatives to build a new network of capable lawyers. 

 

Under Sonja's leadership of the disabilities rights project, the Law Center  embarks upon its second 40 years as a powerful  voice for people with disabilities and for all people who are disenfranchised, be it to secure an education,  medical care, voting rights, a healthy clean neighborhood, a job or a reasonable, non-discriminatory criminal justice system. 

 

Thank all of you for supporting us and allowing this work to continue.

 

Sincerely,
 
 jenny sig

Jennifer R. Clarke

Executive Director

Students at Historically Black College Charge Racial Discrimination in Chester County Polling Places

ChescoVoteOn Election Day 2008, hundreds of Lower Oxford East voters - most of them African-American - waited up to seven hours in the pouring rain to cast their votes (pictured at right, voters wait in lines extending down the block, beside active train tracks). Those who were unable to wait left without voting. The Law Center's Michael Churchill and a coalition of civil rights groups filed a federal lawsuit on January 20th on behalf of African-American residents and Lincoln University students in Chester County, charging that the County Board of Elections and Department of Voter Services deprived African-Americans in Lower Oxford East Township of their right to vote by assigning them to inconvenient and inadequate polling facilities.  More...

Suit alleges discrimination in precinct polling place, Daily Local News, January 21, 2010
Voting rights suit filed against Chesco, Philadelphia Inquirer, January 21, 2010

 

Law Center offers new consultation services

As Sonja Kerr explains in a recent law review article, found below, there are far too few lawyers to represent the nation's 6.8 million children with disabilities, particularly in the procedurally complex administrative hearings under the Individuals with Disabilities Education Act.  As a partial solution to redressing this imbalance, the Law Center will offer consultation services to families, commencing February 11, 2010. Families will be asked to gather and send in their children's educational records and fill out a questionnaire in advance of an in-person meeting. We will review the records and meet with families to arm them with information and advice about possible approaches for the education of their children. The discussion during the meeting will be followed up with a letter summarizing our advice. The services will be available by appointment only; with slots reserved for low income families. Families who do not qualify as low income will be asked to make a modest payment covering the Law Center's costs.    Learn more...

 

RickyA Resource for Parents Litigating Pro Se on Behalf of Children with Disabilities
December 2009 - Parents of children with disabilities or special education needs, like Ricky, right, may want to represent their children in hearings without the assistance of an attorney - this is known as litigating pro se. In an article for the Alaska Law Review, Sonja Kerr, Director of Disabilities Rights Projects, examines the rights of parents to litigate pro se on behalf of their children under the Individuals with Disabilities Education Act (IDEA).  While the focus of the article is the state of Alaska, the issues and concerns are common for parents throughout the United States and the article is a good resource for parents who are facing pro se issues in advocating for their children.
"Winkelman: Pro Se Parents of Children with Disabilities in the Courts (Or Not?)"

 

Amicus Brief Challenges Blanket Strip Search Policy in NJ Prisons
On January 19, 2010 the Law Center's Jennifer Clarke and Christopher Sousa filed an amicus brief with the Third Circuit Court of Appeals in Florence v. Board of Chosen Freeholders, a lawsuit challenging the shocking strip searching policies of certain New Jersey jails.  The Law Center submitted the brief on behalf of the Pennsylvania Prison Society, a social justice organization founded in 1787, and in conjunction with David Rudovsky, of Kaiyrs, Rudovsky, Messing, & Feinberg LLP.  The blanket strip searching policies of the Burlington and Essex County jails forced the plaintiff, Mr. Florence, to undergo a humiliating strip search after being arrested for a non-indictable charge of civil contempt; that arrest turned out to be based on erroneous information provided to the arresting officer. More...

 

Expert, Medical Director testify in Florida Medicaid Trial
gorenflo family

As of January 26, 2010 four witnesses have taken the stand in a case on behalf of more than one million Florida children enrolled in or eligible for Medicaid, including the Gorenflo family's children - pictured at right.  The Law Center's Jim Eiseman has traveled to Flroida twice since the beginning of trial on December 7, 2009 for nine days in court.  Three witnesses have completed their testimony and one will continue when trial resumes on February 9, 2010 for three more days. The Law Center's co-council, a superb team of attorneys from the Ft. Lauderdale office of Boies, Schiller and Flexner, LLP led by Carl Goldfarb and Stuart Singer, have dedicated an extraordinary amount of time and resources to the case, which is expected to be tried in increments until at least this summer.  More...

 

Precedent-Setting Order in Electronic Voting Case
voteOn December 23, 2009 defendants, electronic voting machine vendors, were ordered to produce source code for machine software and hardware for review by plaintiff experts.   The plaintiffs, Law Center clients, allege that voters have a right under the state constitution for their votes to be counted in a manner that can be audited, yet these machines, which have been approved by the state, leave no paper trail.  This decision sets a national precedent allowing voters to exercise oversight for the integrity of voting machines.  The firm representing the defendants agreed to negotiate an appropriate protective order to ensure the security of trade secrets.

 

 The Effective Teaching Campaign announces their grades for the new Philadelphia School District teacher contract

January 26, 2010 - The Law Center's Michael Churchill joined other members of the Effective Teaching Campaign, including students, parents, teachers and advocates in rating the School District's new teacher contract in terms of the benefit to students.  The group noted progress on three fronts, but saw little to address the crippling teacher turnover rates at some neighborhood schools.  "This contract is the best we have seen in many years from the perspective of improving teacher quality for all students," said Churchill.   Gathered in front of the School District Building for a press conference, the ETC issued the following letter grades on 4 key issues:

1. Site Selection: B+

2. Incentives for Equity: D

3. Standards and Evaluations: A-

4. Professional Development: B           More....

 

Join us at these upcoming events:

 

REINVENTING THE WHEEL: WHY BROKEN CITIES STAY BROKEN AND NEW WAYS CIVIL RIGHTS ATTORNEYS CAN FIX THEM

Presented by the Michigan Journal of Race and Law

February 5-6, 2010

University of Michigan Law School, Ann Arbor, MI

Adam Cutler, Director, Public Health and Environmental Justice Project

will present as part of a panel entitled:Creating the Solutions to the Problems that Plague Our Broken Cities

More information and registration

 

COUNCIL OF PARENT ATTORNEYS AND ADVOCATES (COPAA) ANNUAL CONFERENCE

COPAAMarch 11-14 2010

St. Louis, MO

Featuring presentations by:

Sonja Kerr, Director, Disabilities Rights Project

Becca Devine, Law Center Volunteer Advocate

More information and registration

 

TELLING THE PENNHURST STORY: TRAGEDY & TRIUMPH - SAVE THE DATE

Pennhurst bldg.Saturday, April 10, 2010

Spring City, PA

Presented by:The Law Center, The Pennhurst Memorial and Preservation Alliance, and the Pennsylvania Humanities Council.

A public forum exploring the controversial history of the Pennhurst State School and Hospital, a former state-run institution for individuals with disabilities, and the subject of a class action lawsuit brought by the Law Center alleging abuse, neglect and unnecessary segregation of residents. The Law Center, along with our partners, will dedicate a PA historic marker near the former campus in commemoration of the 25th Anniversary of the landmark court order that led to the institution's closure and the rise of community-based services for individuals with disabilties.

Check the Law Center's upcoming events page for more details

 

The Public Interest Law Center of Philadelphia is dedicated to advancing the Constitutional promise of equal citizenship to all persons irrespective of race, ethnicity, national origin, disability, gender or poverty. We use public education, continuing education of our clients and client organizations, research, negotiation and, when necessary, the courts to achieve systemic reforms that advance the central goals of self-advocacy, social justice and equal protection of the law for all members of society. www.pilcop.org

The Public Interest Law Center of Philadelphia is a registered charitable organization. A copy of the official registration may be obtained from the Pennsylvania Department of State by calling toll free within Pennsylvania 1.800.732.0999. Registration does not imply endorsement.

 

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