Monday_Morning_Memo_October_1_2007 by wulinqing


									                                              Monday Morning Memo
                                                 October 1, 2007
                                                        (916) 552-6619
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                                                Week in Review
Monday September 24, 2007
Along with Barbara Ward of the Department of Developmental Services we met with Rev. Bill
Gaventa to discuss key note themes for his presentation at the End of Life conference
scheduled for the end of October in Sacramento. This was an excellent meeting and we
ended the meeting even more inspired and excited about the upcoming conference. For more
information on this event see the “Upcoming Events” section below…

The task force on affiliation and the future of The Arc of the United States, chair by Lynn
Cleveland, met and reviewed its recommendations for the board of directors at the upcoming
national convention. More on the activities and progress of this task force following the

Tuesday September 25, 2007
We met with Linda Petrini, researcher from Web-footed Friends, who is conducting a large
national research project with agencies serving people with developmental disabilities to look
into factors related to high performing staff. We will continue working with Ms. Petrini to
explore how The Arc of CA might participate in the project and benefit from the results.

Wednesday September 26, 2007
The Partners in Policymaking Collaborative met will be meeting to review current sessions and
discuss next session logistics.

Thursday September 27, 2007
We got an extremely favorable decision regarding the Capitol People First vs. Department of
Developmental Services this week on our appeal against the previous judge's decision to deny
our class certification motion. The case will be starting up again this month (October 2007).
This is a much needed victory and if we are unable to settle the case the trial will begin next
year. Special thanks to Eric Gelber, Ellen Goldblatt, Tho-Vinh Banh, Sujatha.Branch and
all the other talented counsel at PAI for their hard work in representing us. See the News
Article section below for the press release…

Friday September 28, 2007
Yvonne McCuistion Tucker, Chief Services and Supports Section the Department of
Developmental Services, announced that their will be a stakeholder meeting to hear an up-
                                                                                                  Monday Morning Memo
                                                                                                    The Arc of California
                                                                                             October 1, 2007, page 1 of 16
                                                                                        Tony Anderson, Executive Director
date on the status of the Self-directed services program and the changes that have been made
to the draft regulations. For details on the meeting see October 5th “The Week Ahead” section
and to read the latest proposal visit the SDS webpage at:

                                     The Week Ahead
A photo exhibition sponsored by the Governor’s Committee on Employment of People with
Disabilities opens on Monday October 1st and runs through the rest of the month. The exhibit
will be in front of the Governor’s office in the Capitol building and will feature employees at
PRIDE Industries of Roseville.

Monday October 1, 2007
We will be participating in the Community Advisory Committee meeting at the Tarjan Center,
UCLA University Center on Excellence on Developmental Disabilities in Los Angeles. The
committee will review new orientation materials that are intended to improve the member’s
understanding of what the Tarjan Center does and help us in promoting disseminating the
outcomes from the center to the public. To learn more about the Tarjan center visit their
website at:

Request for comments on appropriate standards to be used to identify additional
“compassionate allowances” under the Title II (disability insurance) and Title XVI
(Supplemental Security Income). The Social Security Act authorizes payment to persons with
disabilities under the titles given above. SSA wants to quickly identify persons with serious
medical conditions and is asking the public for comments on how to streamline the current
disability determination process (they currently use a five-step “sequential evaluation” process)
and for additions to its current list of “compassionate allowances.” See the document at:

Centers for Medicare & Medicaid Services (CMS) Amended rules for states to provide
information to CMS on estimating payment errors in Medicaid and the State Children’s Health
Insurance Program (SCHIP). (See the 8/28/07 “Final Rules” (interim) section of the Federal
Register Summary.) Based on provisions contained in the Improper Payments Information Act
of 2002, federal agency leaders are required to submit to CMS, via federal contractors,
estimates of improper payments for the programs that they supervise, along with a plan to
reduce these errors. CMS then reports the information to the U.S. Congress. Today’s rule
finalizes requirements for states related to submitting claims and policies to the federal
contractors and related to conducting eligibility reviews and estimating case and payment error
rates based on errors in eligibility determination. See the document at:

National Institute on Disability and Rehabilitation Research (NIDRR) Request for comments on
proposed funding priorities for the following NIDRR programs: Disability Rehabilitation
Research Projects (DRRPs); Rehabilitation Research and Training Centers (RRTCs); and
Rehabilitation Engineering Research Centers (RERCs). Comment deadline: 10/1/07 Based on
provisions in the Rehabilitation Act of 1973, as amended, there are 27 total proposed funding
                                                                                Monday Morning Memo
                                                                                  The Arc of California
                                                                           October 1, 2007, page 2 of 16
                                                                      Tony Anderson, Executive Director
priorities. Under DRRPs, there are 10 proposed research priorities, some of which address
Assistive Technology, Health Care Disparities Among Individuals with Disabilities, and
Vocational Rehabilitation Service Models for Individuals with Autism Spectrum Disorders.
Under the 11 proposals for RRTCs, research issues such as Personal Assistance Services
and Participation and Community Living for Individuals with Intellectual and Developmental
Disabilities are addressed. Under RERCs some of the six proposals address Accessible
Transportation and RERC for Wheeled Mobility. See the document at:

Tuesday October 2, 2007
We will be participating in a subcommittee of the Governor’s Committee on Employment of
People with Disabilities in Sacramento.

Wednesday October 3, 2007
Assembly Member Jim Beall, Jr., Chair of the Assembly Human Services Committee, will be
conducting a second Roundtable Discussion on "Taking the Lanterman Act into the Future:
Improving Outcomes, Accountability, Equity, and Fairness in the Developmental Service
Delivery System." This is a follow-up session to the earlier targeted stakeholder hearing last
month. Mr. Beall has organized his hearing to focus 1) Strengthening the IPP process; 2)
Serving Consumer and Families of Color; and 3) Outcome and Performance Measures and
Improving Methods for Assuring Quality in the Delivery of Services. There will be two
Assembly Human Services Committee hearings in October and November and there will be
opportunity for public comments at the hearings, one in Sacramento (TBA) on October 24th
and one in San Jose on November 16th (there may also be another hearing in Los Angeles

The 14th Annual INCLUSION CELEBRATION will feature another group of inspirational
leaders in California who are outstanding role models who make a difference for individuals
striving to belong to inclusive communities. “In the spirit of the ongoing efforts of Rachel
Holland, the 2007 Inclusion Celebration recognizes the following: Sherri Douglas (a consumer
advocate for Far Northern Regional Center), Julie Swendiman-Vranna (an Orientation and
Mobility Teacher for the Visually Impaired for Shasta COE), Terri Lantz (advocated for over 25
years for people with developmental disabilities), Ann Cirimele (Director of Family Resource
Network (Stockton & Central Valley), Ginger Brown (teaching children with visual impairments
for thirty years), Nancy B. Robinson (she has long promoted inclusion for very young children
with disabilities), Tine Holton (she made a difference for students with special needs, as a
teacher believing they each could have success) and Cesear & Retha Seabron (Ceasar's
grandmother, Retha, always felt Ceasar would be a leader). This event provides deserved
recognition for leaders in our community and serves as a pre-conference event for the Support
Life Conference. The event includes coffee and dessert from 7:00 p.m. to 9:00 p.m. in
Sacramento, at the Double Tree Hotel (2001 Point West Way).

The California HealthCare Foundation will hold a legislative briefing on End of Life Care, from
10:30 – 12:00pm State Capitol Room 112. The speakers include Kate O'Malley from the
California HealthCare Foundation along with Judy Citko, JD the executive director for the
California Coalition for Compassionate Care will be presenting an overview of the issues and

                                                                               Monday Morning Memo
                                                                                 The Arc of California
                                                                          October 1, 2007, page 3 of 16
                                                                     Tony Anderson, Executive Director
various approaches relating to End of Life Care. Some of the questions that will be covered
are related to death and dying in California:
• Who dies in California and how does it happen?
• What are the attitudes, expectations and preferences of Californians about death?
• What roles do race, ethnicity and culture have on the dying experience?
• What are the geographic variations in the dying experience of Californians and what are the
implications of these variations? RSVP encouraged, but not required. Please RSVP to Katie
Sacco at Government Action & Communication Institute (GACI) at her email,, or call (916) 966-6643 with any questions.

Thursday October 4, 2007 - Friday October 5, 2007
The 21st Annual Supported Life Conference in Sacramento, CA. This year’s conference will
feature keynote speakers: Al Condeluci, UCP of Pittsburgh, Pennsylvania - Nationally-known
advocate and catalyst for building community: Sue Rubin, Self-Advocate, Whittier, California -
Wrote the 2004 Academy Award Nominated documentary “Autism is a World”: Joanne
Knapp-Philo, CIHS, Sonoma State Univ., California - Director of National Head Start Family
Literacy Center; new 2006 book “Language to Read the World.” For more information on this
upcoming conference visit the website at:

Friday October 5, 2007
The Department of Developmental Services would like to invite stakeholders to attend a
meeting to hear an up-date on the status of the Self-directed services program, as well as,
significant changes that have been made to the Self-Directed Services Draft Regulations.
If you wish to participate via teleconference please call toll-free, 888-592-9602 and give the
password: Self-Directed Services. The meeting will be from 1:30 p.m. - 3:30 p.m. at the
Department of Developmental Services, 1600 Ninth Street, Sacramento, CA, in conference
room 360. The SDS draft regulations and the proposed SDS waiver service definitions are
now posted to the DDS website at (Yvonne McCuistion Tucker,
Chief Services and Supports Section the Department of Developmental Services)

Revised Title XVI (Supplemental Security Income) reduced benefit rate for residents in Medical
Treatment Facilities. Based on provisions in the Balanced Budget Act of 1997, SSA is revising
two provisions: one extends temporary institutionalization benefits to children who enter
private medical treatment facilities but who would be otherwise ineligible because of private
medical insurance; the other replaces “obsolete terminology” in the Act and substitutes broader
terms to describe medical facilities. See the document at:

                                                 Action Alerts1
The Arc of California
The following bills from our file have passed through the legislature and have headed for the
Governor’s desk for signature or veto. The governor has still not acted on any of our remaining
 To access the Action Alert system from The Arc of California website ( enter your zip code in the
“Contact Congress” federal box.
                                                                                                  Monday Morning Memo
                                                                                                     The Arc of California
                                                                                            October 1, 2007, page 4 of 16
                                                                                       Tony Anderson, Executive Director
bills and he only has a couple weeks left before the deadline on October 14, 2007. We
encourage you to let the governor’s office know what you think of the following bills:

AB 1427 (Krekorian): The Arc of CA has actively opposed this bill which has become the
most divisive bill for our system this year. The bill’s intent is to help professionalize the
workforce for people with developmental disabilities but it still discriminates against some
people with disabilities and their DSPs. We ask that advocates call the governor and urge a
veto: (916) 445-4341.

AB 1410 (Feuer): The Arc of CA has actively supported this bill as it provides increased
access to services for people with Traumatic brain injury.

AB 18 (Blakeslee): The Arc of CA actively supports this bill as it provides an opportunity for
people with disabilities to use a signature stamp at the polls without needing a witness present.

AB 1402 (Evans): The Arc of CA actively supports this bill as it provides additional support for
families and self-advocates in making the Individual program plan meetings accountable
through audio recording.

The Arc of the U.S.

                                       - URGENT -
     Ask President Bush to Sign the State Children’s Health Insurance Program Bill
                                      Take Action![capwiz:queue_id]

This week the House and Senate voted overwhelmingly to pass a bill to reauthorize the State
Children's Health Insurance Program (SCHIP). The House of Representatives passed the bill,
H.R. 976, on Tuesday by a margin of 265 to 159. The Senate followed suit on Thursday, with a
bipartisan vote of 67 to 29. The SCHIP reauthorization bill will provide an additional $35 billion
over 5 years to provide health insurance to 4 million more children from low and moderate
income families, including hundreds of thousands of eligible children with disabilities.

The Administration said today that President Bush is planning to veto the bill on Monday or
Tuesday of next week. The President says he will veto the bill because its goes over the
amount he proposed for SCHIP in his FY 2008 budget. The President's budget would result in
a drastic cut because states will have insufficient federal funding to sustain their existing
SCHIP programs. The House is unlikely to be able to override the President's veto.

A veto of the SCHIP bill would be a terrible loss for children with disabilities. Here is what is at
   1. Health insurance for children in families with incomes up 250% of the federal poverty
   2. No exclusion from coverage due to pre-existing conditions.
   3. Coverage of dental care.
   4. Parity for mental health services.

                                                                                   Monday Morning Memo
                                                                                     The Arc of California
                                                                              October 1, 2007, page 5 of 16
                                                                         Tony Anderson, Executive Director
    5. A provision for a 6-month moratorium on proposed Centers for Medicare and Medicaid
        Services regulations on Medicaid's rehabilitation option and school based services for
        Medicaid-eligible children with disabilities.
These regulations would result in billions of dollars in cuts for services for children with
disabilities. Fortunately, support for the SCHIP bill is extremely strong and growing. Supporters
include not only broad-based health and welfare organizations, but health insurance and
medical industry groups (such as America's Health Insurance Plans and the American Medical
Association) as well as a significant number of Republican lawmakers.

Here are some things said by Republican Senators willing to break ranks with the President
over this bill:
       "This bill marries good policy with good health care common-sense by funding a vital
       program for kids ....It would be irresponsible of the White House to veto this bill and
       deny millions of kids their chance at a healthy childhood." Sen. Gordon Smith (R-OR)

       "The CHIP program works for America's children. Because of this legislation six million
       children are receiving the health care they need to become healthy, productive citizens.
       When something works we must do everything in our power to continue its success.
       The bill we voted on today is a good compromise that addresses viewpoints from both
       sides of the aisle in the Senate, and between the House and the Senate." Sen. Orrin
       Hatch (R-UT).
If we act now to persuade President Bush to sign the SCHIP bill, we can avoid a veto

                                   Project Status Report
Partners in Policymaking
By Jordan Lindsey (funded by the State Council on Developmental Disabilities (SCDD))
Following the tremendous success of last weekend's State Government session we are in high
anticipation of the upcoming Federal and Local Government session. Liz Savage from
Washington D.C.'s Disability Policy Collaborative will be our main presenter for Friday, October
19th and will outline the structure of federal government, the federal legislative process, as well
as various points of influence within the system. Saturday, October 20th will focus on the local
government structure and the many opportunities for our participants to become involved as
advocates, board members, supervisors, elected officials, etc.

Partners In Policymaking will be hosting a booth at the upcoming Supported Life Conference in
Sacramento and will have information about our upcoming 2008 training program. Please stop
by to learn more about this amazing program, and if you live in Central California or the Central
Coast then you are eligible to apply for the 2008 program and we encourage you to stop by our
booth to learn more about the upcoming application process.

While our 2007 Partners (aka PIP Squeaks) are preparing for their last two sessions, the
planning process for the 2008 Partners program is already well underway. The California
Collaborative has been meeting regularly this past month to discuss, prepare, and finalize the
multitude of tasks required to implement this innovative training program (The California
Collaborative consists of: The Arc of California; Family Voices; California Association of Family
Empowerment Centers; and the Family Resource Centers Network of California). The most
                                                                                 Monday Morning Memo
                                                                                   The Arc of California
                                                                            October 1, 2007, page 6 of 16
                                                                       Tony Anderson, Executive Director
critical of these decisions was choosing Bakersfield as the next location for Partners. We are
very excited to be bringing this extremely effective advocacy training to Bakersfield and the
rest of central California and look forward to working with the many organizations in the area
as the planning stages continue.

Along with choosing the location the California Collaborative has been busy modifying the
application--which will be sent out soon--, improving the application process, and preparing a
strategy for disseminating the application. Also, in an effort to improve the user-friendliness of
the program, we have reviewed and accepted a proposal from Mark Starford and Charlene
Jones that will examine our current practices and materials and train the Collaborative on
ways to increase the program's accessibility and consumer-support.

California College of Direct Support
By Sack Keophimane (funded by SCDD)
We gave a presentation on CDS to the Executive Director, Alice Tapley and the program
managers of Yolo Employment Services. Alice was interested in the training for
her employment support staff and others who work to support people with disabilities. We
discussed our workforce initiative and highlighted the pilot project. The managers gave
positive feedback and definitely will be considering the on-line program valuable training tool to
their organization.

We continued to work with regional centers on the pilot. The following centers are still working
with us to design their local implementation: Redwood Coast Regional Center, Golden Gate
Regional Center, San Andreas Regional Center, Tri-Counties Regional Center, Far Northern
Regional Center, Regional Center of East Bay, San Andreas Regional Center, and North Los
Angeles Regional Center, East Los Angeles Regional Center, San Gabriel/Pomona Regional
Center, Harbor Regional Center, South Central Los Angeles Regional Center, Orange County
Regional Center, and San Diego Regional Center.

Regional Centers in current live implementation: (1) North Bay Regional Center, (2) Central
Valley Regional Center, (3) Westside Regional Center, (4) Alta CA Regional Center, (5)
Lanterman Regional Center (6) Valley Mountain Regional Center. (7) Kern Regional Center

Upcoming and pending meetings:
  1. Community Association Rehabilitation (C-A-R) October 15, 2007
  2. Elk Grove Adult Community Training, October 24, 2007

                                      Upcoming Events
October 7th – 9th 2007
The 2007 National Association of Councils on Developmental Disabilities National Conference
will be in San Diego this year, at the Marriott in Mission Valley. The Conference is hosted by
the California State Council on Developmental Disabilities and the Title of the Conference is
“Sailing Together into the Future.” For more information on Registration and the Conference,
please contact the SCDD at 322-8481, or email

October 11th - 13th, 2007 (October 10th topical conference for NCE)
The Arc's 56th Annual National Convention at the Hyatt Regency Dallas, 300 Reunion
                                                                                 Monday Morning Memo
                                                                                   The Arc of California
                                                                            October 1, 2007, page 7 of 16
                                                                       Tony Anderson, Executive Director
Boulevard, Dallas, Texas, USA 75207 (214) 651-1234 Click here for Exhibitor Information.
Click here for information on The Arc's 2007 Awards. (All nominations are due by June 15,
2007). The 2007 Convention will include: The Arc’s National Board of Directors Meeting, NCE
President’s Reception & Awards Dinner, Exhibit Hall, Workshop sessions for Family,
Leadership, and Advocacy tracks, What’s Happening in Washington?, Research & Prevention
Luncheon, the President’s Horizon Club Reception, and even a scheduled trip to the Texas
State Fair!

New - October 17-19, 2007
The 2007 Alliance for Children and Families Annual Conference is an inspirational knowledge-
filled conference for nonprofit child and family services agencies. The conference provides a
sense of belonging and togetherness that makes the challenges facing nonprofit human
services organizations easier to manage. Participants can choose from more than 50
workshops and numerous networking opportunities. Planned by children and family services
professionals, the workshop tracks cover governance, innovative programs, leadership
development, and more. To learn more about this event visit their website at

New - October 24, 2007 – Application Due Date
The National Leadership Consortium on Developmental Disabilities 2008 Winter Leadership
Institute from January 13, 2008 - January 18, 2008 at the University of Delaware, Newark,
Delaware. The Institute is a response to significant concern about training and support for the
next generation of leaders in the developmental disabilities field, by the National Leadership
Consortium on Developmental Disabilities. The Consortium serves both current executive-
level leaders and those who will fill those roles in the future. Apply now! More details and the
application is online:

October 29th, 2007 – October 30th, 2007
The Association of Regional Center Agencies (ARCA) in conjunction with the California
Coalition for Compassionate Care, Developmental Disabilities Task Force presents, “Final
Journeys: Quality End-of-Life Decisions.” The event costs $150 and will be from Monday
October 29th to Tuesday –October 30th at the Radisson Hotel, 500 Leisure Lane, in
Sacramento (916) 922-2020. This symposium will cover topics such as, Informed Consent,
Bioethics, Palliative Care Planning, Advanced Directives, Consumer and Family Perspective
on Death & Dying, and Consumer Support through Death and Loss and Bereavement. This
will be one of those meaningful and powerful conferences you won’t want to miss. If you’re
interested register soon because space is limited to a few hundred participants and registration
is coming along faster than anticipated. For more information including registration contact
ARCA at (916) 446-7961. The conference planning committee consists of members of the
Coalition for Compassionate Care Developmental Disabilities Task Force, ARCA, The Arc of
California, and the Department of Developmental Services.

Friday November 2, 2007
SAVE THE DATE! Presidential Candidate Forum, A National Forum on Equality, Opportunity
and Access. The forum will be held at the Radisson Hotel Ballroom Center of NH, 700 Elm
Street, Manchester, NH from 8:30 am – 4:00 pm. A few national campaign have already given
their tentative acceptance. The local hosts include the Granite State Independent Living and
for more information visit their website: or call (603) 228-9680 ♦ 800 826-3700 ♦
                                                                               Monday Morning Memo
                                                                                 The Arc of California
                                                                          October 1, 2007, page 8 of 16
                                                                     Tony Anderson, Executive Director
888 396-3459 (TTY). The event is co-hosted locally by NH Developmental Disabilities Council
(NH DDC), NH Disabilities Rights Center (NH DRC), NH Institute on Disability (NH IOD), NH
Spinal Cord Injury Association, and People First of New Hampshire. Sponsors include: AARP,
ADAPT, American Association of People with Disabilities (AAPD), American Foundation for the
Blind, The Arc of the United States, Association of University Centers on Disabilities (AUCD),
Disability Rights Education and Defense Fund, Epilepsy Foundation, National Coalition of
Mental Health Consumer/Survivor Organizations, National Council on Independent Living
(NCIL), National Spinal Cord Injury Association, New England Chapter Paralyzed Veterans of
America, Self Advocates Becoming Empowered (SABE), United Cerebral Palsy (UCP), United
Spinal Association, and VSA Arts.

March 2nd – 4th, 2008
The Arc of the United States, United Cerebral Palsy, AAMR, the Association of University
Centers on Disability and the National Association of Councils on Developmental Disabilities
are joining together again to host the 2008 Disability Policy Seminar. It is critical that the
disability community and other interested participants from around the country participate in
this seminar. Preserving and strengthening the federal policies and programs important to
people with disabilities is our top priority. The Disability Policy Collaboration, with these
national leading organizations in the field of intellectual disability, cerebral palsy and related
disabilities, brings together state and local executives and affiliates, self-advocates, families,
providers and others, for a two-day intense public policy discussion/ meeting that is focused
solely on issues affecting people with disabilities and their families. On the third and final day,
participants will go to Capitol Hill to deliver a unified message that Congress and the
Administration cannot continue dismantling the benefits and services important to the disability
community. A preliminary seminar agenda, seminar registration information and hotel
registration information for the 2008 Seminar will available in late fall/early winter. Please mark
your calendars for the 2008 Disability Policy Seminar at the Hyatt Regency Hotel, 400 New
Jersey Avenue, NW, Washington, DC 20001.

                             Recently Released Reports, Studies, etc.
CBO Estimates Show Large Gains in Children’s Health Coverage Under Senate SCHIP
Bill by Edwin Park, Center on Budget and Policy Priorities. “Congressional Budget Office estimates show
that 4 million children who otherwise would be uninsured would have health care coverage by 2012 under the bipartisan
children’s health legislation that the Senate Finance Committee approved on July 19 by a 17-4 vote. CBO estimates that 2.7
million of these children are uninsured children who would already be eligible for the program under the current eligibility
limits that states have set in the State Children’s Health Insurance Program (SCHIP) and Medicaid,[2] and another 800,000
are SCHIP children who would otherwise lose their coverage in coming years and end up uninsured under the “budget
baseline” (because states would have insufficient federal SCHIP funding to sustain their existing programs).[3] As a result,
CBO estimates that 3.5 million of these 4 million children — at least 85 percent of them — are children with incomes below
the current eligibility limits that states have set. Only about 600,000 of the 4 million children who would otherwise be
uninsured are children who would gain SCHIP eligibility as a result of actions by states to broaden the program’s eligibility
criteria. (All of these figures represent CBO’s estimates of the number of children covered in an average month in 2012.[4])”

                                                   News Articles

Victory for Institutionalized Californians:
Disability Civil Rights Lawsuit to Proceed as Class Action
Eric Gelber, Managing Attourney
                                                                                                    Monday Morning Memo
                                                                                                      The Arc of California
                                                                                               October 1, 2007, page 9 of 16
                                                                                          Tony Anderson, Executive Director
Protection & Advocacy, Inc., September 25, 2007
San Francisco, September 25 - The Court of Appeal for the First Appellate District handed a significant
victory to people with developmental disabilities who are institutionalized throughout California. The
court held that the Alameda County Superior Court case—Capitol People First (CPF) v. Department of
Developmental Services (DDS)—may proceed as a class action on behalf of more than 7000 individuals
who receive services from regional centers and are either living in state or private institutions, or are at
risk of institutionalization. PAI managing attorney Eric Gelber, who argued the appeal, said “the ruling
means that even people with significant disabilities have meaningful access to the courts to vindicate
their rights to live as a part of rather than apart from the community.” Brad Seligman, executive director
of the Impact Fund, who also participated in the oral arguments, said “the decision is a ringing re-
affirmation of the importance of class actions to challenge broad-based violations of the law. It reminds
lower courts that they must take seriously evidence showing a pattern of illegal conduct.” The Impact
Fund was one of 15 advocacy organizations participating as amici curiae in support of the plaintiffs.

Background. State and federal laws give people with disabilities the right to live and receive services in
integrated community-based settings, rather than institutions, when their needs can be met in the less
restrictive, community settings. In the early 1990’s, PAI brought a lawsuit on behalf of people with
developmental disabilities who had been recommended for placement in the community but still
remained institutionalized. That class action lawsuit—Coffelt v. DDS—settled and resulted in the
community placement of some 2400 individuals over a 5-year period and many system reforms.
“Pressure Was Off”. After the settlement period ended, the pace of people moving into the community
slowed down even though, as the Court of Appeal noted in its opinion on September 25, state officials
have said that the vast majority, if not 100% of developmental center residents could live successfully in
the community with appropriate supports and services. But, as state witnesses further said, without a
court-approved settlement, “the pressure was off.” This slowdown led to the filing of the CPF v. DDS
lawsuit, which named DDS, other state agencies, and the state’s 21 regional centers as defendants. It
was filed on behalf of individual class members and taxpayers as well as organizational plaintiffs --
Capitol People First, The Arc of California and California Alliance for Inclusive Communities, Inc. The
aim of the lawsuit was to eliminate systemic policies and practices of the state and regional centers
resulting in the unnecessary institutionalization of thousands of people with developmental disabilities.
Plaintiffs are represented by PAI, a non-profit disability-rights advocacy agency, and pro bono counsel
with Bingham McCutcheon and DLA Piper Rudnick Gray Cary…Background on the case, including
legal documents and press coverage 2002-2006, can be read at www.pai-

Dr. Daniel Collins, Marin black civil rights pioneer, dies at 91
Marin Independent Journal September 27, 2007
By Richard Halstead
(Dr. Collins was a founding leader in The Arc movement in California. Marin Arc, along with The Arc of San Francisco,
Exceptional Children Foundation, and The Arc of Long Beach, began organizing meetings in 1950 and eventually
established the state association in 1953.)
When Dr. Daniel Collins first tried to buy his house at 700 Summit Ave. in Mill Valley during the early
1950s, the owner of the home told him a deed restriction prevented him from selling to a black man. Dr.
Collins, who died Sept. 13 at age 91 at The Redwoods retirement community in Mill Valley, eventually
convinced the owner to sell the house to him. But that didn't end the matter. As Dr. Collins recalled
during an interview with the Marin Independent Journal in 1995, real estate agents then offered to buy
the house before he and his family could move in. "That's the thing about being black in this country,"
Dr. Collins told the reporter. "You don't know how the hell a white person is going to treat you." He was
                                                                                                Monday Morning Memo
                                                                                                   The Arc of California
                                                                                          October 1, 2007, page 10 of 16
                                                                                       Tony Anderson, Executive Director
also the first black professor at the University of California at San Francisco's School of Dentistry and
one of the first black men in the country to serve on corporate boards. He founded the Bay Area Urban
League and the first black-owned savings and loan in San Francisco. And Dr. Collins helped to create
the Sun-Reporter newspaper in San Francisco; the Church for the Fellowship of All People, one of the
first nondenominational, interracial churches in the country; and what today is known as Lifehouse, a
residential and counseling center for people with developmental disabilities located in San Rafael…

After the youngest of his four sons, Craig, was born with developmental disabilities, he helped form
Marin Aid to Retarded Children, or MARC, which is now called Lifehouse. The elder Collins' efforts
helped pave the way for passage of the Lanterman Act in 1969, a California law that established an
entitlement to services and support for people with developmental disabilities. In addition to Dr. Collins'
many projects he served as a mentor for countless young, black men. He remained active even after
moving to The Redwoods in 2004. In February, Dr. Collins received an award for his mentoring from
the Bay Area Community Development Corp. in San Francisco. Despite Dr. Collins' many
accomplishments - he also served as a trustee for four universities - "he was the most modest man I've
ever met," said Joe Spinelli, of Fairfax. To illustrate the point, Spinelli, who worked for years as a
veterinarian at UCSF, recalled how Dr. Collins' wife was once surprised by a call from a president at
one of those universities. The university president wanted to know if Dr. Collins planned on attending
the ceremony at which they were about to dedicate a new library in his name. "He had never mentioned
it," Spinelli said. Dr. Collins is survived by sons Daniel, of Winters, Edward and Charles of San
Francisco and Craig of San Rafael. A memorial service is planned for 10 a.m. Oct. 13 at the Mill Valley
Community Center, 180 Camino Alto, Mill Valley.

Family Wins Suit for Autistic Son's Health Care
Fight for Greater Coverage
South Carolina recently began to allow increased coverage for autism therapies.
National Public Radio, Children's Health Aug. 16, 2007
By Larry Abramson
Morning Edition, September 26, 2007 · Two years ago, Jacob Micheletti was diagnosed with autism.
His parents say Applied Behavior Analysis (ABA) has transformed their son from a boy who was
retreating into darkness into a precocious, gregarious kid. Jake's father, Joe Micheletti, who works for
the state of New Jersey, assumed the family's insurance company would cover the treatment costs. They
were not, which came as a shock, Micheletti said. So he took the case to the state's highest court —
facing off with fellow co-workers along the way — and won. The Treatment. When autism therapist
Kerrie Pawlikoski first met Jake, she says his language skills were limited. "He would say 'Hello,' and
you might say 'What's your name,' and sometimes he would say 'Jake,'" Pawlikoski says of Jake's first
days in treatment. "Sometimes he'd say 'What's your name, Jake.' So, you know, a lot of repeating what
the other person said." Pawlikoski runs Child's Play, a therapy center in Branchburg, N.J. During the
school year, Jake spends 5 1/2 hours a week working with her and therapist Daniella Simon. They work
with Jake on skills he can only learn through intense repetition. Among other things, they spend hours
practicing how to answer a question with an appropriate answer. But despite the potential of the
treatment, the insurance company said they would not cover the costs. "What they said when they
rejected me was that treatment was not restorative. It didn't restore a previously existing function,"
Micheletti says. "Jake was three and a half. He had never spoken before. [The insurance company
thought], 'Why should we give him verbal behavior therapy to make him speak now.'" The insurance
company may not have known who they were tangling with.

                                                                                      Monday Morning Memo
                                                                                         The Arc of California
                                                                                October 1, 2007, page 11 of 16
                                                                             Tony Anderson, Executive Director
The Battle Ahead. Micheletti is a deputy in the state attorney general's office. If he was to sue the state
health plan, he knew he would have to fight his own boss in court. "The office was very mixed. There
are people there who have worked with me for a long time — career deputies — who were very
supportive," Micheletti says. "There were administration officials who were not that supportive. They
did not appreciate one of their own challenging them." Micheletti lives with his wife and three kids in
Milford, N.J., about an hour away from his Trenton office. Elizabeth Micheletti, Jake's mother, is a
stay-at-home mom who used to work as an attorney, too. When the family decided to launch the lawsuit,
the couple turned into a crack legal team, and their writing styles and legal approaches meshed. "Joe is
so good with strategy, but I don't think he's as eloquent as I am," Elizabeth says, laughing. The case
dragged on. Even after the family won in the lower courts, the insurance company refused to pay. So
before the New Jersey Supreme Court, Micheletti argued against one of his colleagues in the AG's
office. The court's justices were clearly peeved that the state-run insurance system continued to refuse
to pay for Jake's therapy, even after a mandate from a lower court. Assistant Attorney General Lewis A.
Scheindlin told the court that the insurers just wanted to ensure that the therapy was legitimate. "[That
concern] is consistent with this general practice of checking who is providing therapies," Scheindlin told
the court. "Give us your therapy notes, so we can check the patient's progress, [and] we can ensure that
appropriate utilization and medical services is being provided." When a decision came down earlier in
September, the state Supreme Court ruled in favor of the Michelettis. The judges ordered the insurance
company to pay in full for all of Jake's therapy. Radio piece produced by Marisa Penaloza:

Legislators tour Rosewood Center
They say visit did not provide a clear look at the troubled facility
Baltimore Sun September 26, 2007
By James Drew, Sun reporter
State legislators toured the Rosewood Center for the developmentally disabled yesterday, but they said
the visit did not give them enough information about the problems that have jeopardized federal funding
at the complex. John M. Colmers, secretary of the Department of Health and Mental Hygiene, barred
reporters from attending the tour with members of two legislative subcommittees. "I'm worried about
the magnitude of people going through the facility and disrupting the residents," Colmers told
legislators. "I'm certainly worried about their privacy." But Senate Majority Leader Edward J.
Kasemeyer, the Howard County Democrat who chairs one subcommittee, said he saw only one
Rosewood resident during a 45-minute tour. There were about 20 people on the tour - eight legislators,
aides and state officials, he said. "The tour was abbreviated because of time, and I was disappointed
because we were told the residents were doing their daily activities. I didn't get a sense of it," Kasemeyer

The legislators gathered at the 300-acre campus in Owings Mills less than two weeks after the release of
a state Health Department report that documented problems ranging from the inability of staff members
to control aggressive residents to missed feedings of intubated residents. The review by the Office of
Health Care Quality, part of the state health department, said staff members did not take steps to protect
other employees or residents from a client with a history of violent behavior. Since January, the
department has banned new Rosewood admissions three times. Investigators documented several
incidents in which staff members failed to stop patient-on-patient violence. If the center does not meet
federal standards, it will lose about $17 million in federal funding for annual operations by July. James
questioned why the department had not made progress in the months since a law was passed to require
the department to assess each resident's situation, and determine when and how much it would cost to
move residents to another site or into the community….
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                                                                                         The Arc of California
                                                                                October 1, 2007, page 12 of 16
                                                                             Tony Anderson, Executive Director,0,7589670.story

Agencies: Funding cuts jeopardize services for disabled
Daytona Beach News Journal September 27, 2007
By Deborah Circelli
DAYTONA BEACH -- … in response to hundreds of e-mails and letters from families and coordinators,
the agency, which serves people with developmental disabilities, and Gov. Charlie Crist are now
recommending the state keep the private workers and instead cut back on some of their duties. Money
paid per client would also be reduced. The proposal, which would need approval by the Legislature in
the session beginning Wednesday, is expected to save about $4 million. But area support coordinators,
who serve 1,070 clients, are still concerned caseloads would be too high under the proposal for them to
give quality service, and some say they will have to go out of business with a cut in salary. Area
agencies that provide residential, personal care and day training are also worried about proposals to cut
the money they receive and discussions about managed-care organizations providing services for people
with disabilities. Strawn hopes her daughter won't lose her coordinator or services. "You can take from
other people but these kids. It's so hard. They are child-like and need help," said Strawn, who lives near
Gainesville. Under the new proposal, the Agency for Persons with Disabilities wants to hire 75 state
employees, or about five locally, to take over some of the duties of support coordinators, including
assessing the needs of clients and putting a plan into place to meet those needs.

The private contracted support coordinators, which include 1,272 statewide and 47 in Volusia and
Flagler, would continue to advocate and visit their clients. But the coordinators would receive less
money and could have caseloads of up to 50 clients as opposed to about 35 or fewer. …Spokeswoman
Melanie Mowry Etters said the agency is trying to be fiscally responsible while at the same time
"making sure we meet our customers' needs." She said none of the budget reductions being considered
in the special session "will affect services to the customer." But officials at local agencies disagree. "Any
cut is disheartening to me, and it's a struggle for our families," said Jim King, executive director of the
ARC of Volusia. "It's a very vulnerable population." Barry Pollack, president and chief executive
officer of WORC/United Cerebral Palsy in Volusia County, said agencies needed a 10 percent increase
and instead got 2.8, which now may be even less. "It's going to put organizations back in crisis," Pollack

                                      Funding Opportunities
HHS - Department of Health and Human Services National Institutes of Health
Tools and Technologies for Assessing Manual Therapies (SBIR [R43])Grant

HHS - Department of Health and Human Services National Institutes of Health
Medical Countermeasures to Enhance Platelet Regeneration and Increase Survival
Following Radiation Exposure (RC1)Grant

HHS - Department of Health and Human Services National Institutes of Health
Radiation Combined Injury: Radiation Exposure in Combination with Burn, Wound,
Trauma or Infection(Phased Innovation Award [R21/R33]) Grant

CA Dept of Education Funding - Funding Name: Administrator Training. Eligible
Applicants: local educational agencies. Required Eligibility Criteria: Principals

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                                                                                          The Arc of California
                                                                                 October 1, 2007, page 13 of 16
                                                                              Tony Anderson, Executive Director
or vice principals at a school site can participate in Administrators Training.
Funding Description: The Administrator Training Program (AB 430), which
reauthorizes the Principal Training Program (AB 75), became effective July 1, 2006.
It supports professional development that focuses on building principals' and vice
principals' leadership skills and the capacity necessary to serve effectively in
their critical and complex roles. Federal funding comes from No Child Left Behind
(NCLB): Title II, Part A, Principal Training.

                        The Arc of the United States, in partnership with GrantStation, brings you the
                        GrantStation Insider each week. The GrantStation Insider provides you with the
                        latest information on new funding programs, upcoming grant deadlines,
                        conferences, trainings, and relevant information for grantseekers. The Arc of
                        California Monday Morning Memo includes a small clipping of resources from
  the GrantStation Insider, visit their website to learn more:

Entrepreneurial Programs for Veterans Supported
Veterans Corporation: Development Grant Program
The Veterans Corporation is a nonprofit organization dedicated to promoting entrepreneurial success for veterans, service-
disabled veterans, and members of the National Guard and reserve nationwide. The Veterans Corporation's Development
Grant Program supports educational and outreach organizations that address the entrepreneurial needs of veterans. The
focus is on supporting programs for veterans who are starting or growing a small business or preparing a business for
deployment. Applications may be submitted throughout the year. Grants of up to $50,000 are provided. Visit the website listed
above for application guidelines and forms.

Funds for Auto Safety Awareness Programs
CarMax Foundation: National Funding Program
The CarMax Foundation promotes automobile passenger safety awareness and seeks to improve the communities where
company employees live and work. The Foundation provides grants throughout the U.S. through the National Funding
Program, which assists nonprofit organizations that are either national in scope or have a presence in one or more of the
company's market areas. Funded programs should either address improvements in auto safety for families and children or
work to build a competitive workforce through automotive technical training. The next application deadline for the National
Funding Program is November 15, 2007. Visit the website listed above for online application information.

Grants Promote Oral Health Care
Pipeline, Profession and Practice: Community-Based Dental Education
Pipeline, Profession & Practice: Community-Based Dental Education, an initiative of the Robert Wood Johnson Foundation,
helps dental schools improve access to oral health care in underserved communities. The focus of Round 2 of this program is
on 1) recruiting and retaining underrepresented minority and low-income students and 2) strengthening existing community-
based service learning programs for senior students and residents. Up to eight dental schools will receive 27-month grants of
up to $200,000 each. A minimum of $50,000 per year in matching funds is required. All accredited dental schools in the United
States and Puerto Rico are eligible to apply. Proposals are due October 19, 2007. Visit the website listed above to download
the Call for Proposals.

Awards Honor K-12 Schools
Character Education Partnership: National Schools of Character Awards Program
The National Schools of Character Awards Program, offered by the Character Education Partnership (CEP), recognizes K-12
schools and districts throughout the United States demonstrating outstanding character education initiatives that yield positive
results in student behavior, school climate, and academic performance. Although winners may differ in method, content, and
scope, all emphasize core ethical values such as honesty, respect, responsibility, and caring. The criteria used to judge award
winners are CEP’s Character Education Quality Standards. Ten award recipients receive a $20,000 grant: $10,000 to enhance
their character education program and $10,000 to provide outreach to other educators. The application deadline is December
3, 2007. Visit the website listed above for program details.

Literacy Service Projects Funded
National Education Association: Youth Leaders for Literacy
Youth Leaders for Literacy, an initiative of the National Education Association (NEA) and Youth Service America, was
developed to encourage and celebrate the literacy service of the nation's young people and to provide resources to conduct
reading-related activities that benefit others. Grants are available for literacy service projects that begin on NEA's Read Across
America Day in March and culminate on YSA's National Youth Service Day in April. To be eligible for grant funds, projects
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                                                                                                         The Arc of California
                                                                                                October 1, 2007, page 14 of 16
                                                                                             Tony Anderson, Executive Director
must have some kind of activity scheduled (read aloud session, trip to the library, book making, etc.) each week of the project
period. Through this initiative, the NEA will award 20 grants of $500 each to youth, ages 21 or younger, for their literacy
projects. The application deadline is October 26, 2007. Visit the website listed above for program details.

Support for Local Community Programs Supported
Tyson Foods Corporate Giving Program
The Tyson Foods Corporate Giving Program, Tyson Cares, has a primary philanthropic focus on hunger relief. The company
addresses this interest by providing product donations to curb hunger nationwide. Tyson Cares also supports a wide range of
nonprofit organizations in the communities where the company has operations. (For a list of Tyson facilities go here.) The
company’s areas of interest for local giving include families, communities, food safety, education, environment, and agricultural
organizations. Nonprofit organizations in Tyson communities should directly contact the local company facility for application
information. Visit the website listed above for more information on the Tyson Cares program.

To view additional funding opportunities on an ongoing basis visit the Funding News Section of the Quality Mall. The
Quality Mall is maintained by the Research and Training Center on Community Living at the University of Minnesota with
support from the National Association of State Directors of Developmental Disabilities Services, the Human Services
Research Institute and the Administration on Developmental Disabilities - U.S. Department of Health and Human Services.

                                                    Career Ladder
The Arc of California posts job announcements in the Career Ladder section every week because we would like
to contribute to steering quality candidates to professional positions that support people with disabilities and most
importantly we are trying to communicate to Direct Support Professionals that there is a real “career ladder” in
their chosen profession.

Position: Chief     Executive Officer, National Association of Councils on Developmental
Description: The Chief Executive Officer manages the programmatic and financial operations of the National
Association of Councils on Developmental Disabilities (NACDD) to accomplish the goals and objectives of the
Association as determined by the Member Councils. The Chief Executive Officer will demonstrate national
leadership and public policy experience in advocating with and on behalf of individuals with developmental
disabilities and their families using the values of inclusion and self-determination.
Salary: The NACDD offers an excellent salary and benefit package, which is comparable to other Associations
within its size and budget. NACDD encourages people with disabilities and people representing other minority
groups to apply. NACDD is an equal opportunity employer.
How To Apply: Submit a cover letter describing the reasons for interest in the position, a resume of relevant
experience, and contact information for 3 references via mail or e-mail to: CEO Search, National Association of
Councils on Developmental Disabilities, 225 Reinekers Lane, Suite 650B, Alexandria, VA 22314. Or: NACDD will not pay for travel expenses to the interview. Out of state interviews will be
conducted via telephone. NACDD will not pay for moving expenses for individuals needing to relocate.

Position: EXECUTIVE DIRECTOR, Blue Cap in Blue Island, Illinois
Description: We seek a leader with vision who has the management and financial skills required to lead the
people we serve, our dedicated staff and supportive Board of Directors into the future. The ideal candidate will
have experience in personnel management, human services, strategic planning, resource and partnership
development, financial management, and budgeting.
Equally important are excellent communication, interpersonal, and public relations skills.
The selected individual must be willing to actively develop relationships in the community
Salary: $ Commiserate with experience.
How To Apply: Resume and cover letter with salary requirement due by 10/1/07 Direct all correspondence to:
Search Committee 2155 Broadway Blue Island, Il 60406 or email

Position: Autism Consultant, Westside Regional Center
Description: The Autism Consultant, working under the supervision of the Director of Client Services and in
collaboration with the Autism specialist, will help Westside Regional Center (WRC) further our mission of
providing the highest quality and most effective service delivery and support to our clients with autism.
Specifically, the consultant will work to provide up-to-date, accurate information, consultation and training for staff,
                                                                                                Monday Morning Memo
                                                                                                  The Arc of California
                                                                                         October 1, 2007, page 15 of 16
                                                                                     Tony Anderson, Executive Director
clients and community agencies; to evaluate our current level and quality of service; to evaluate the outcomes of
service provision; to use these results to develop further services; and to collaborate with others regarding
programs and resources.
Salary: $46,000 – $64,000 annually, plus benefits
How To Apply: Interested candidates may submit a resume with cover letter and behavioral report sample to:
Connie D. Goldheim, Human Resources Administrator, Westside Regional Center, 5901 Green Valley Circle,
Suite 320, Phone: (310) 258-4103, Fax: (310) 258-4280, Email: visit our jobs page at:

Position: Director of Clinical Services, Valley Mountain Regional Center
Description: The Director of Clinical Services is responsible for the general administration of clinical and directly
related clerical support services. This includes planning, organizing, coordinating and supervising all clinical
personnel. A graduate degree in public administration, social work, counseling, nursing, psychology, or related
field and five years of increasingly responsible professional experience including or supplemented by three years
of supervisory or administrative experience in a clinical setting. Experience should include at least two years of
work with persons with developmental disabilities or administering programs and services for the developmentally
Salary: $6,667 - $7,917 per month
How To Apply: To apply, complete the Application, Disclosure form, include a cover letter and resume and remit
to: Valley Mountain Regional Center, Attn: Mary Nahas, P.O. Box 692290
Stockton, CA 95269 , (209) 955-3303, (209) 955-3249 Fax,$6,667_to_$7,917_per_month.

                                                                                             Monday Morning Memo
                                                                                                The Arc of California
                                                                                       October 1, 2007, page 16 of 16
                                                                                    Tony Anderson, Executive Director

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