Arizona Center for Disability Law
Providing vital legal services to people with disabilities
ACDL Files Class Action Lawsuit Against Arizona Department of Economic Security Today
Arizona Center for Disability Law Files Class Action Lawsuit Against
Arizona Department of Economic Security
State Budget Cuts Violate Federal Civil Rights and Education Law
Tucson, April 15, 2009.....Today in federal court, the Arizona Center for Disability Law (Center) filed a class action lawsuit against the Arizona Department of Economic Security (DES) to prevent the state from carrying out millions of dollars in budget cuts which violate federal and state law and will eliminate or greatly reduce the provision of early intervention services to eligible infants and toddlers with disabilities. Currently, DES has reduced or eliminated services for some 3,100 children with disabilities.
“Early intervention provides immediate and long-term benefits for children with disabilities and developmental delays,” said J.J. Rico, managing attorney for the Arizona Center for Disability Law. “During a child’s first three years, it is important to focus on a child’s developmental needs and take advantage of his or her natural ability to learn. Early intervention provides children with disabilities with the opportunity to learn everyday routines, including walking, eating and avoiding injury.”
Arizona Early Intervention Program (AzEIP) is a statewide system of supports and services for families of children, birth to age three, with disabilities or developmental delays. AzEIP was created in accordance with the Individuals with Disabilities Education Act (IDEA) Part C, to aid infants and toddlers in catching up to their peers and/or learning to adapt to their disabilities; thereby avoiding possible institutionalization and reducing costs to the education sector and society in general. All fifty states provide services and supports under this federal law. In Arizona, AzEIP is a collaboration of activities by: DES; Arizona Department of Health Services; Arizona State Schools for the Deaf and Blind; Arizona Department of Education; and the Arizona Health Care Cost Containment System.
“The cuts made by DES extend beyond children currently receiving services. The cuts reach to children born every day in Arizona who are eligible for services but won’t receive them because they won’t be identified and won’t be given access to trained therapists,” said Rico. “To our knowledge, Arizona is the only state who has approached the problem of reducing the state deficit by cutting eligible children with disabilities from critical early intervention services.”
On January 31, 2009, the Arizona legislature passed, and the Governor signed SB 1001, which reduced the State deficit through a combination of measures, including lump-sum reductions to state agencies. As a result of SB 1001, DES made internal decisions to reduce and/or suspend critical health and human services. On February 23, 2009, DES announced on its website that it would completely suspend all services to some 4,000 eligible children enrolled in AzEIP.
The Center represents:
Arianna and Vanessa W. Arianna is 28 months old and lives in Tucson, Arizona with her family. Arianna was born with a heart defect, lung disease, muscoskeletal problems and a compromised immune system. Arianna’s health issues have affected her developmental progress and as a result she does not speak many words and requires oxygen when she is sick. Arianna was evaluated and found eligible for AzEIP services in December 2008. Her services include physical therapy, speech therapy, occupational therapy, nutrition, and service coordination. Arianna’s mother, Vanessa, was notified in February that her daughter’s services would be discontinued.
Anne and Zoe M. Zoe is 23 months old and lives with her family in Tucson, Arizona. Zoe has a delay in the area of communication. In December 2008, Zoe was evaluated and found eligible for AzEIP services. Her IFSP includes speech therapy, developmental special instruction and service coordination. The therapies have been highly effective and Zoe is now able to speak more clearly and has the ability to use American Sign Language as another method of communication. Zoe’s mother, Anne, was informed by Zoe’s speech therapist in March that her daughter’s services would decrease regardless of what Zoe’s Individualized Family Services Plan prescribed. Anne never received written notification of the service reduction as required by law.
Michelle and Seth R. Seth is 20 months old and lives with his family in Peoria, Arizona. Seth was born premature and has chronic lung disease. Seth’s health issues have affected his developmental progress. Prior to the start of AzEIP services, Seth was on oxygen for eight months, had feeding issues, sensory aversions, and was delayed in crawling. Seth was evaluated and found eligible for AzEIP services in November 2007. AzEIP services have been highly effective and Seth has learned to walk, eat finger foods and babble. Seth’s mom, Michelle, was notified in February 2009 that Seth’s services would stop. With the cessation of services, Seth is at risk of suffering significant regression and losing the skills he and his therapists and family have worked so hard for him to gain.
In the lawsuit, the Center argues that Arizona violated Part C of the IDEA by eliminating or reducing early intervention services and the Due Process Clause of the U.S. Constitution as well as state law.
Zoe M. v. Blessing is a continuation of the Center’s work to ensure that children with disabilities receive a free and appropriate public education as guaranteed by federal and state law. The Center’s staff handles issues ranging from the failure to implement Individualized Education Plans to disputes over related special education services.
JoAnn Sheperd and J.J. Rico are the Center’s lead attorneys on this case.
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The Arizona Center for Disability Law is a not for profit public interest law firm, dedicated to protecting the rights of individuals with a wide range of physical, mental, psychiatric, sensory and cognitive disabilities. The Arizona Center for Disability Law is authorized under various federal statutes to ensure the protection and advocacy of all individuals with disabilities in the state.
Arizona Department of Economic Security
State Budget Cuts Violate Federal Civil Rights and Education Law
Tucson, April 15, 2009.....Today in federal court, the Arizona Center for Disability Law (Center) filed a class action lawsuit against the Arizona Department of Economic Security (DES) to prevent the state from carrying out millions of dollars in budget cuts which violate federal and state law and will eliminate or greatly reduce the provision of early intervention services to eligible infants and toddlers with disabilities. Currently, DES has reduced or eliminated services for some 3,100 children with disabilities.
“Early intervention provides immediate and long-term benefits for children with disabilities and developmental delays,” said J.J. Rico, managing attorney for the Arizona Center for Disability Law. “During a child’s first three years, it is important to focus on a child’s developmental needs and take advantage of his or her natural ability to learn. Early intervention provides children with disabilities with the opportunity to learn everyday routines, including walking, eating and avoiding injury.”
Arizona Early Intervention Program (AzEIP) is a statewide system of supports and services for families of children, birth to age three, with disabilities or developmental delays. AzEIP was created in accordance with the Individuals with Disabilities Education Act (IDEA) Part C, to aid infants and toddlers in catching up to their peers and/or learning to adapt to their disabilities; thereby avoiding possible institutionalization and reducing costs to the education sector and society in general. All fifty states provide services and supports under this federal law. In Arizona, AzEIP is a collaboration of activities by: DES; Arizona Department of Health Services; Arizona State Schools for the Deaf and Blind; Arizona Department of Education; and the Arizona Health Care Cost Containment System.
“The cuts made by DES extend beyond children currently receiving services. The cuts reach to children born every day in Arizona who are eligible for services but won’t receive them because they won’t be identified and won’t be given access to trained therapists,” said Rico. “To our knowledge, Arizona is the only state who has approached the problem of reducing the state deficit by cutting eligible children with disabilities from critical early intervention services.”
On January 31, 2009, the Arizona legislature passed, and the Governor signed SB 1001, which reduced the State deficit through a combination of measures, including lump-sum reductions to state agencies. As a result of SB 1001, DES made internal decisions to reduce and/or suspend critical health and human services. On February 23, 2009, DES announced on its website that it would completely suspend all services to some 4,000 eligible children enrolled in AzEIP.
The Center represents:
Arianna and Vanessa W. Arianna is 28 months old and lives in Tucson, Arizona with her family. Arianna was born with a heart defect, lung disease, muscoskeletal problems and a compromised immune system. Arianna’s health issues have affected her developmental progress and as a result she does not speak many words and requires oxygen when she is sick. Arianna was evaluated and found eligible for AzEIP services in December 2008. Her services include physical therapy, speech therapy, occupational therapy, nutrition, and service coordination. Arianna’s mother, Vanessa, was notified in February that her daughter’s services would be discontinued.
Anne and Zoe M. Zoe is 23 months old and lives with her family in Tucson, Arizona. Zoe has a delay in the area of communication. In December 2008, Zoe was evaluated and found eligible for AzEIP services. Her IFSP includes speech therapy, developmental special instruction and service coordination. The therapies have been highly effective and Zoe is now able to speak more clearly and has the ability to use American Sign Language as another method of communication. Zoe’s mother, Anne, was informed by Zoe’s speech therapist in March that her daughter’s services would decrease regardless of what Zoe’s Individualized Family Services Plan prescribed. Anne never received written notification of the service reduction as required by law.
Michelle and Seth R. Seth is 20 months old and lives with his family in Peoria, Arizona. Seth was born premature and has chronic lung disease. Seth’s health issues have affected his developmental progress. Prior to the start of AzEIP services, Seth was on oxygen for eight months, had feeding issues, sensory aversions, and was delayed in crawling. Seth was evaluated and found eligible for AzEIP services in November 2007. AzEIP services have been highly effective and Seth has learned to walk, eat finger foods and babble. Seth’s mom, Michelle, was notified in February 2009 that Seth’s services would stop. With the cessation of services, Seth is at risk of suffering significant regression and losing the skills he and his therapists and family have worked so hard for him to gain.
In the lawsuit, the Center argues that Arizona violated Part C of the IDEA by eliminating or reducing early intervention services and the Due Process Clause of the U.S. Constitution as well as state law.
Zoe M. v. Blessing is a continuation of the Center’s work to ensure that children with disabilities receive a free and appropriate public education as guaranteed by federal and state law. The Center’s staff handles issues ranging from the failure to implement Individualized Education Plans to disputes over related special education services.
JoAnn Sheperd and J.J. Rico are the Center’s lead attorneys on this case.
- 30 -
The Arizona Center for Disability Law is a not for profit public interest law firm, dedicated to protecting the rights of individuals with a wide range of physical, mental, psychiatric, sensory and cognitive disabilities. The Arizona Center for Disability Law is authorized under various federal statutes to ensure the protection and advocacy of all individuals with disabilities in the state.
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