From:                              Jennifer Clarke [jclarke@pilcop.org]

Sent:                               Friday, May 07, 2010 11:51 AM

Subject:                          Law Center Update: Marking 25 years of community living for people with disabilities

 

logoTHE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA

Affiliated with the Lawyers Committee for Civil Rights Under Law

In this Newsletter

Pennhurst Marker dedication

Training for parents & advocates of kids with disabilities

IDEA consultations

Health Care Reform

Housing discrimination case settles

Clinic students' video is named finalist

Mine filling project challenged

Volunteer Spotlight

Upcoming events

 

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Letter from the Executive Director

 

Here at the Law Center, we are wrestling with an issue that plagues the nation: African American students too quickly assigned to the lowest tracks where they are placed in below- grade classes comprised of high concentrations of other African American children.   Thus placed, children do not have access to advanced courses or the knowledge and skills needed for college.   In its Call for Action in Education, the NCAAP reports that "a growing body of research reveals class and race disparities in students' access to challenging curricula (e.g., algebra, laboratory sciences, and advanced placement courses.)" Where significant disparities exist within a district regarding access to advanced courses, the NCAA calls on school officials to "examine policies and practices, including tracking, rigid gate-keeping pre-requisites and tests in middle school, and class and race-based differential treatment reflected in teacher referrals and academic counseling."  Read the NCAA report here.

 

How does this happen?  Consider for a moment Ellie (not her real name) an eager 6-year old first grader who proudly reads Green Eggs and Ham and One Fish Two Fish at home.  At school it is another story.  She is pulled out of her regular class with the only other African American children in the class (and one white child) to a "special" reading club where the reading material are books that appear mimeographed with one or two simple words on a page.  She is ashamed of her school books and doesn't want a visitor to see them.  Ellie's teachers say they put her in this "special" class because she has trouble following directions.  I worry about Ellie.  I can only imagine what such latter-day segregation does to a child's self-esteem, motivation to learn and, ultimately, success in life.

    

In partnership with lawyers at DLA Piper, we are in the midst of challenging these damaging practices through federal litigation and the use of the Individuals with Disabilities with Education Act.  We are ferreting out all too common instances where African American children are deemed to have intellectual or emotional disabilities when in fact they have diabetes, or color blindness or are just different than the administrators who evaluate them.  More important, though, we are working on solutions to the problem.  It is not enough to say "stop tracking" or dictate that administrators suppress their biases.  What we need is the "wholesale examination of policies and practices" called for by the NCAAP.  This is a problem that can and should be solved.  With your continued help and support, we will keep at it until we do so.  

 

Very truly yours,

jenny sig

Jennifer R. Clarke

Executive Director

 

MarkerA brilliant blue and gold Pennsylvania historical marker was unveiled on April 10, 2010 recognizing the Pennhurst State School and Hospital, widely considered to be the epicenter of the modern disability rights movement. US Congressman James Gerlach, State Senator Andrew Dinniman, Representative Tim Hennessey, and Pennsylvania Historical and Museum Commissioner Michelle Bortner joined a crowd of about 400 attendees including former residents, employees, and advocates whose pioneering work helped close the institution and set the precedent for ending forced institutionalization of disabled persons across the globe.
Download the event program | View a photo slideshow from the event

 

 

Law Center announces "Hot topics in special education," a yearlong training  for parents, educators, attorneys and advocates

DylanBeginning on June 22, 2010 the Law Center will offer monthly training sessions here at our new location in the United Way Building.  The first session is "Autisim: ABA and Inclusion, not necessarily mutually exclusive." The price is $200 for attorneys (includes CLE credit) and $100 for all others.  Scholarships may be available for those who qualify. Look out for monthly announcements of new courses.

 

Need more individualized help with your special ecucation questions?

The Law Center's new consultation services are here for you. As a way to begin to meet the overwhelming demand for legal assistance by families of kids with disabilities, the Law Center is now offering private consultation meetings.  Prior to the meeting you will provide the Law Center with a completed questionnaire and documentation about your child's education.  Based on these records and a one hour meeting with you we will provide a letter with recommendations for next steps to further your child's education.  The cost is $225, and scholarships may be available for those who qualify.  Learn more or request an appointment...

 

Health Care Reform Provision Closes Loophole Created by Court ARCoverInterpretations  

Most Americans now know that the health care reform legislation, signed into law in late March 2010, will prevent insurers from denying coverage based on pre-existing conditions and will, eventually, require everyone to have coverage by imposing a tax on those who fail to do so.  One provision that is less heralded, but equally powerful, removes an obstacle that prevented people who are harmed when a state fails to deliver medical assistance to them from enforcing the Medicaid law in federal court. The problem arose when Judge Posner in the Seventh Circuit suggested that the definition of "medical assistance" that states must make available under the law might not mean the actual care and services that are required in hundreds of pages of statutory language, but instead might mean only that a state must pay any doctor or other provider who does deliver care. More...

 

Law Center continues productive relationship with Fair Housing Rights Center of South East Pennsylvania
Continuing a longstanding partnership, the Law Center entered into a subcontract with the Fair Housing Rights Center pursuant to which the Law Center will provide legal advice, technical support and, where necessary, represent clients who are the victims of housing discrimination.  In 2009 the Law Center represented both the Fair Housing Rights Center and a victim of domestic violence who was denied accommodations at a Days Inn in Horsham.  The case recently settled, with monetary compensation for the plaintiffs and, as a safeguard to ensure that the possibility of acts of discrimination against domestic violence victims does not occur, the Days Inn has agreed to provide its employees additional training on domestic violence and discrimination.
More...

 

Public Health and Environmental Justice Clinic Students show video"Faces of the Grassroots" in video

Students from Drexel University's Earle Mack School of Law participating in the Law Center's Public Health and Environmental Justice Legal Clinic have created a video highlighting the grassroots Environmental Justice movement in Philadelphia's Hunting Park community for an EPA video contest.  The Clinic represents the Hunting Park Stakeholders Group - a group of local residents and activists concerned with the environmental health of their community.  At right, clinic director Adam Cutler with one of the HPSG leaders, Catalina. We congratulate the filmmakers - Ellie Austin, Kim Magrini, Jaimee Moore, Ted Oswald, Jeff Stacey, and Cory Thomas - on their video being named one of 10 finalists in its category!

 

Controversial mine filling project challenged by Hazelton, PA residents

S.U.F.F.E.R. (Save Us From Future Environmental Risks), a group of concerned Hazleton citizens, challenged Pennsylvania's Department of Environmental Protection (DEP)'s extraordinary decision to allow a developer to fill a local mine pit with over two million tons of a potentially hazardous mixture of waste materials. The group claims that the DEP misapplied a special research and development (R&D) permit process to allow the project to go forward. The Public Interest Law Center of Philadelphia's Public Health and Environmental Justice Project, representing S.U.F.F.E.R., asked the state Environmental Hearing Board to overturn the decision and to stay any dumping activities until the appeal is decided on the merits. More....

 

WendyVolunteer Spotlight: Wendy R. Lewis

This month the Law Center gratefully recognizes Wendy Lewis.  A dedicated volunteer, Wendy has contributed her time over the past 5 months to develop a sophisticated intake tracking database for the Law Center.  The new system helps us to more efficiently follow through on and analyze trends in the requests for assistance that we recieve.  Wendy has extensive experience not only as a nonprofit professional but also as a filmmaker with her own production company, Flying Dart Productions.  The entire Law Center staff appreciates Wendy's warm and friendly demeanor as well as her patience and project management skills.  Thank you Wendy, for your tremendous contributions to the Law Center!

 

Join us at these upcoming events:

 

Education Summit: The Village Takes Responsibility, Part IV

When: Saturday, May 8, 2010, 9:15am - 3:00pm
Where: 92 Greenfield Avenue (Zion Annex), Ardmore, PA 19003
Hosted by: Concerned Black Parents, our clients in Blunt v. LMSD
Featuring: the Law Center's Director of Disability Rights Projects, Sonja Kerr and other education experts 

 

An evening with Mental Disability Rights International

MDRIMDRI is the recognized leader in international human rights advocacy for people with disabilities. The Law Center joins MDRI as a sponsor of this special opportunity to learn about the fight to protect the rights of children and adults with disabilities worldwide, and how you can help.
When: Tuesday, May 25th, Merion Station, PA

6:00-7:00 PM: Cocktail Reception and Discussion
7:00-7:30: Musical Performance
Space is limited - Click Here for more information

 

Autism - ABA and Inclusion: Not Mutually Exclusive"

The first of a series of training and CLE sessions for parents, attorneys, educators and advocates of kids with disabilities, hosted by the Law Center's Sonja Kerr.
When: June 22, 2010
Where: United Way Building, 1709 Benjamin Franklin Parkway, Philadelphia, PA 19103
Online registration is NOW OPEN

 

Save the Date: the Law Center's 3rd Annual Symposium on Equality 

When: Thursday, September 30, 2010

Where: the Symposium will take place at the Arch Street Meeting House, 4th and Arch Streets, followed by a reception at the Down Town Club, 6th and Chestnut Streets.

This year's symposium will focus on Education and how we can make access to a quality education a reality for all children.

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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