EL GUARDIÁN
Newsletter of the New Mexico Protection and Advocacy System
Vol. 13, No. 3 Summer 1998

CALL FOR PUBLIC INPUT

Jim Jackson

The Protection and Advocacy System ("P&A") is a private, non-profit organization which protects and promotes the rights of persons with disabilities. P&A receives federal funding to provide services related to developmental disabilities, mental illness, vocational rehabilitation, fair housing, assistive technology, and discrimination against or abuse of other persons with disabilities.

Each year P&A chooses some of the most important issues affecting people with disabilities, and makes them priorities. The priorities guide P&A staff in decisions whether to accept cases, to provide training, or become involved in systemic issues. In 1997 the P&A Board of Directors adopted the following priorities for the period 1998-2000, based upon wide-spread public input and staff recommendations. The Board will review these later this year and revise them as needed.

We want to hear from you! Are these issues the most important ones for persons with disabilities in New Mexico? What have we missed? Have you or someone you have known called us for assistance on some issue, but we have not been able to help because of the "priorities"? Let us know by calling, writing, faxing or e-mailing us as soon as possible. Mail: P&A System, 1720 Louisiana, NE, Suite 204, Albuquerque, NM 87110, telephone: (505) 256-3100 or state-wide toll free: 1-800-432-4682. Our fax number is: (505) 256-3184, and our e-mail is: nmpanda@nmprotection-advocacy.com. The goals written here are broad. For more specifics on how we are implementing these goals, call or write us, or get on-line at: www.nmprotection-advocacy.com to view and print out the current priorities.

PRIORITIES FOR 1998-2000

Abuse/Neglect

· Effective Investigation : The goal is that the State of New Mexico implement an effective system for promptly investigating and responding to allegations of abuse or neglect.

· Prevention of Abuse/Neglect: The goal is that effective measures be followed which minimize the risk of abuse or neglect of persons in state-funded programs.

Community-Based Supports and Services

· Managed Long-Term Care: The goal is that a managed care approach to long-term care services be implemented by the State only if it is developed with substantial public involvement, and only if it is clearly expected to meet the needs of persons with disabilities.

· Quality Assurance: The goal is that there be continuing improvement in the quality, responsiveness, and accountability of community-based disability services.

· Waiting List: The goal is that the waiting list for all community-based disability services be significantly reduced, without inappropriate reduction in services for persons currently served.

· Assistive Technology: The goal is that assistive technology needs be assessed by qualified personnel, and appropriate devices and services arranged for through individual planning process.

· Accessibility to Government Services: The goal is that services and facilities of local governments and school districts be equally accessible to persons with disabilities.

· SSI Benefits: The goal is that children at risk of losing SSI benefits due to new regulations and children and adults with HIV/AIDS receive SSI benefits that they qualify for.

Education

· Suspension/Expulsion: The goal is that students with disabilities not be suspended or expelled from public schools due to failure to identify special education needs or inadequate behavioral services.

· Auxiliary Aids and Services: The goal is that students with disabilities be provided with auxiliary aids and services that they need, including assistive technology devices and services.

Employment-General

· Employment Discrimination : The goal is that persons with disabilities not be denied equal employment opportunity on the basis of developmental disability, mental illness, HIV status, deafness, brain injury, epilepsy, or a need for assistive technology.

· Integrated Employment: The goal is that adults in state service systems participate in independent or supported employment rather than in sheltered employment or day activity settings.

· Welfare Reform: The goal is that disability issues be appropriately taken into consideration in the implementation of welfare reform in New Mexico.

Employment-Vocational Rehabilitation

· Vocational Rehabilitation (VR) Eligibility : The goal is that eligibility determinations by state VR agencies be made without regard to the severity of disability or other unallowable factors.

· Integrated Training and Employment: The goal is that training, services and job placements be in the most integrated setting appropriate to the needs of the person with a disability.

· Full Array of Services: The goal is that recipients of VR or Independent Living services receive the full array of available services needed to achieve their vocational or independent living goals.

Health Care - General

· Managed Care: The goal is that people with disabilities utilize managed health care systems to obtain prompt, appropriate, quality health care.

· Assistive Technology: The goal is that people with disabilities obtain medically necessary assistive devices through their health insurance plan (Medicaid, Medicare, private insurance, etc.).

· Discrimination in Health Care: The goal is that access to health care services not be denied on the basis of HIV status, deafness, developmental disability, brain injury, or severity of physical disability.

Health Care - Mental Health Facilities

· Due Process: The goal is that persons be retained in psychiatric hospitals or treatment centers without their consent only when all applicable timelines and procedural protections are met.

· Assault: The goal is that residents of psychiatric hospitals and treatment centers be free from physical and sexual assault.

· Psychotropic Medication: The goal is that psychotropic medications be appropriately used, and not provided in place of needed treatment and services or for the purposes of chemical restraint.

· Seclusion and Restraint: The goal is that residents of psychiatric hospitals or treatment centers not be subjected to excessive or otherwise inappropriate restraint or seclusion.

· Detention and Correctional Facilities: The goal is that persons with disabilities entering correctional facilities be identified and served appropriately, or diverted to community treatment programs.

Housing

· Fair Housing: The goal is that adults with disabilities be able to select rental housing without discrimination, and recently constructed apartments be accessible and adaptable for persons with disabilities.

Self-Determination

· Guardianship: The goal is that adults with disabilities not be subjected to inappropriately restrictive or unnecessary guardianship orders, including treatment guardianships.

· Advanced Directives: The goal is that advanced directives be utilized appropriately to guide decision-making for in-patient mental health treatment services.

· DNR Orders: The goal is that persons with severe disabilities not be subjected to Do-Not-Resuscitate orders imposed by others based on prejudicial stereotypes about quality of life with a disability.

PATIENTS' PROTECTION

There are several proposals in Congress to establish federal protections for consumers of managed health care. The Patients' Bill of Rights Act was introduced in the Senate (S 1890) by Senators Kennedy and Daschle, co-sponsored by New Mexico Senator Jeff Bingaman, and was introduced in the House (HR 3605) by Representatives Dingell and Gephart. Rep. Charles Norwood of Georgia, who is a dentist, has also introduced a bill to establish consumer protections. Although such bills are popular with the general public and groups representing people with disabilities and other special needs populations, opposition is being mobilized by health care insurers and business lobbies.

P&A's, DD COUNCILS BEING MONITORED

Rep. Ernest Istook (R - Ok.) is checking on the activities of Protection and Advocacy agencies and DD Councils. The Voice of the Retarded claims that the agencies are inappropriately using federal funds to damage reputations of institutions serving persons with disabilities in the courts and in state legislatures, instead of attacking the quality of community programs and serving the needs of their clients. Despite the substantial, successful, and well-documented efforts of the P&A and the DDPC in New Mexico addressing community services issues, our state has been cited as an example of VOR concerns.

ADA APPLIES TO PRISONS

The U.S. Supreme Court has ruled that the protections of the Americans with Disabilities Act do apply to persons with disabilities in state correctional facilities. The case involved a prisoner who was denied access to a "boot camp" type of program which would have led to an earlier parole. Some courts had ruled that prisoners lost their rights and that security concerns overrode other protections.

PROFILES IN ADVOCACY

This new section in El Guardián will highlight personal stories and concerns impacting New Mexicans who are dealing with disability issues. Please let us know if you, a friend or family member has an advocacy story to add. P&A does not necessarily agree with the viewpoints expressed herein.

NANNIE SANCHEZ CAPTURES
SUPPORT BUT LOSES ELECTION

Nannie Sanchez lost in her attempt to become the Democratic nominee for the State Board of Education. The primary election took place June 2nd for District 3 in Albuquerque.

Nannie is the first known candidate with Down Syndrome to qualify for a ballot spot in the primary election.

Although her opponent tried to convince her to step down, Nannie's campaign moved forward. She conducted interviews with the press, went house-to-house, spoke at community meetings, and addressed the issues like other candidates. Nannie drew support from 35% of the vote, receiving nearly 3,200 votes. Acknowledging her defeat with great poise, Nannie indicated she will run again in future elections.

Ms. Sanchez' is at home with political issues. Her brother Mark is a former member of the Albuquerque School Board, and her mother, Rosemarie, is a strong activist in the disability community who, early on, has promoted quality special education services in the public schools, and currently is working to achieve similar progress in higher education programs.

BATTLING KRYPTONITE CUTBACKS

My name is Ben R. Esquivel. I am a C1-C4 quadriplegic, vent dependent. I am 20 years old and will turn 21 in July. Because of the changes made in Medicaid when I turn 21, my nursing hours will be reduced to 40 hours a week. At the present time, I have 348 hours a month of nursing care. There should not be such drastic differences in services for a child and services for an adult.

My father lives with me and takes care of me when I don't have a nurse. But there is no way he will be able to manage all the extra hours after July 8, my birthday. My dad is 52 and is a diabetic. He has problems with feeling in his hands and pain in his legs. In the past when we didn't have nursing coverage, there were many times I wasn't sure if I would make it through the night. My dad would become very tired and sleep so deeply that he would not turn me every 2 hours (which is necessary so I don't acquire pressure sores), and he would not hear me "click." This is what I do at night when I don't have my speech valve on, to get someone's attention if I need help. Basically, I am in the same situation as Christopher Reeves, but don't have the finances and am not famous, either. I am hoping to hold some kind of job in the future, but am still going to school to complete my education. I am learning computer skills also.

If you are wondering how I got in this position, I was shot in a drive-by shooting in June, 1992 in Albuquerque, New Mexico. I was 14 years old at the time. I have recently started addressing elementary and high school students and talking about gang violence and drug use. I encourage them to avoid any contact with gang members and not to use drugs.

I hate the thought of losing the RNs I have now. I will only be able to have an LPN for 40 hours a week or an RN for 20 hours. Interim, the health care agency I am with, does not have any LPNs available presently. After July 8, my family and I will have to go through another period of training and teaching a new nurse about my very complicated care. It doesn't seem right that adult Medicaid benefits become limited the day one turns 21. It's not as if anything will change in what is needed in my care. Both my parents are getting older and have health problems. If I had known how difficult things would be for me and my family, and how health benefits would change, I would have requested to be disconnected from life support.

Since learning of my nursing hours being cut, my emotional, mental and physical states have been affected. I am unable to sleep peacefully at night, am upset 24 hours a day thinking of losing my nurses. My case manager's family and advocates have pushed for services but the state is refusing to maintain the nursing hours I currently have. My next step is to go to the media to educate people on what a person in my circumstances might need for a good night's sleep.

SUCCESSFUL SSI APPEAL

Nancy Kriescher

When I received notification from SSI that my child would no longer be eligible for benefits, I panicked! Not knowing what to do or where to go, I started calling everyone I could think of that might help. I found that because I did not have money, I could not get help.

Finally, I was put in touch with Protection and Advocacy (P&A). I was assigned a lawyer and we started to work. It was hard and sometimes I felt that there was no chance of winning the first appeal process, especially because I was told that by other agencies. SSI is attempting to eliminate the benefits for Attention Deficit Hyperactivity Disorder (ADHD) children and, because my child has ADHD, the chances were even less favorable.

Our lawyer worked very hard, collecting evidence, getting letters from doctors, therapists, family, school teachers, counselors, and anyone who interacted with my child, to prepare for the hearing. At times I felt really discouraged and I felt that every obstacle was placed in our way. The P&A lawyer never gave up, she was always positive and always provided hope. At the last minute, APS withdrew permission for the key school personnel to testify. The lawyer subpoenaed the key individuals and we went to the hearing. As a result of the subpoena, which enabled school personnel to testify, we won the case at the first appeal level.

As I was trying to find help for this process, I discovered that low income, disabled people, especially children, do not matter in our society. We were made to feel that we were less important than the rest of society. The kind and caring staff at P&A treated us with kindness and respect. Without their help we could very well be sitting on a curb with no hope. Because we got the appropriate help, we have been given the chance for a brighter tomorrow. Please fight. Don't give up. Take a stand for your child, because if you don't, no one else will.

NICK'S STORY

Hi. My name is Nick Sciumbato. I graduated from Eldorado High School and I am proud of myself. I have a lot of friends. I see my friends when I go to the grocery store, the mall, and the park near my house. My girlfriend, Becky, goes to Eldorado still. My two best friends, Eric and Steve, graduated with me. I have known them since 4th grade when I started going to the school in my neighborhood. Before that, I had to take the bus for a long time (2 hours each way) to get to my school. I didn't like it. I even took a taxi for a few months.

I was happy to go to the school by my house. I want to thank the advocates at P&A for helping my mom at those meetings to get me at my home school. She went to a lot of meetings. Thank you, P&A, for helping me get to know my neighbors better and I got to meet Becky, Steve and Eric, my best friends.

ACKNOWLEDGE THE STRUGGLE

FRIENDS, a New Mexico group, is requesting stories from New Mexicans who are struggling with a major health crisis and are successfully rehabilitating themselves through personal courage

and determination. Beginning its third year, FRIENDS wishes to acknowledge two individuals, one male and one female, to receive the annual FRIENDS grant of one thousand dollars ($1,000.00) each.

FRIENDS requests detailed stories about you or someone you know who is currently challenged and you feel deserves recognition. Please explain why this candidate qualifies as an example of courage and strength of character. Be sure to include the name, address, and phone number of the nominated individual, and two references, to verify the recipient's story.

No emphasis is placed on penmanship, spelling, length of story, or form. FRIENDS seeks to identify two individuals whose stories are compelling and representative of the human struggle to survive. Acknowledge the struggle.

A five member selection committee will independently examine each letter and select two individuals. The FRIENDS selection committee is composed of medical professionals and community leaders.

All submissions will be considered and must be postmarked on or before August 31, 1998. The chosen candidates' stories will be publicly announced in the media on or near the grant date of October 31, 1998.

Please offer your stories to: FRIENDS, Post Office Box 2820, Corrales, New Mexico 87048.

WHAT IS THAT THING?

Have you ever wondered what the P&A logo is supposed to represent? OK, probably not, but we're going to tell you anyway.

The logo - the circular graphic on the cover of this newsletter and at the top of the agency's letterhead - has been used by P&A since 1985-86. It is a stylized version, or artistic interpretation, of the official New Mexico state seal.

The state seal features a large bald eagle (symbol of the United States), with its wings outspread, and the Mexican eagle (symbol of Mexico) in the foreground. This combination reflects the culture and history of the state. The P&A version alters the pose of the eagles a bit and adds the outline of mountains.

The P&A logo can also be interpreted to reflect the role of the agency (background eagle) in promoting, protecting, and empowering its clients (foreground eagle).

Aren't you glad you asked?

MANDATORY IOLTA PROGRAMS SET BACK BY COURT

The U.S. Supreme Court has ruled (on a 5-4 vote) that interest earned on lawyer trust accounts (IOLTA funds) belong to the lawyer's clients. The ruling may be a set back to state bar programs which use IOLTA funds to support legal services for low income persons. It will be up to lower courts to determine the impact, if any, on mandatory IOLTA programs. The interest on any one account is negligible but when pooled has generated significant funds on a state-wide basis. P&A agencies in 17 states receive a total of $2.6 million in IOLTA funds. New Mexico is one of only three states where the IOLTA program is voluntary and should not be affected by this ruling. The New Mexico P&A does not currently receive IOLTA funding.

CAREGIVERS CRIMINAL HISTORY SCREENING PROGRAM

The Caregivers Criminal History Screening Act (Section 29-17-2 to 19-17-5, NMSA 1978) was passed during the 1998 legislative session and became effective on May 20, 1998. The program is scheduled to begin implementation on September 1, 1998, and will be phased in over a three year period. Regulations have been drafted and a public hearing was conducted on June 15, 1998.

The Legislature did not appropriate general state funding for this program, which is required to be supported through fees. The fees can be paid by the provider, the caregiver, or by each. The total fee is $74.00 per record.

Caregivers, contractors and volunteers providing health care services through a health care provider are required to undergo a fingerprint record screening through the Department of Public Safety and the Federal Bureau of Investigations. This includes anyone providing direct care services, or having routine, unsupervised care of, or financial access to, any care recipient. Notification to providers will be general: whether an applicant has no records on file and is cleared for employment or that a disqualifying conviction has been reported. Details of record content are confidential and cannot be shared outside the program.

Volunteers who have contact with clients outside the presence of staff, must also go through the screening process.

Community resources and other persons that are readily available to a care recipient (such as a co-worker on a job site) and may offer assistance to the care recipient are not included in this Act.

Providers licensed and certified through the Health Facility Licensing and Certification Bureau and health care services that are state funded or certified to receive Medicaid funds through waiver programs are also included in the scope of this Act. Acute general hospitals are excluded in the current statute.

An applicant or caregiver whose nationwide criminal history record reflects a disqualifying conviction may request an informal administrative reconsideration from the Department of Health. Grounds for reconsideration: employment clearance determination will be reconsidered by the Department when the request for reconsideration and accompanying documentation clearly demonstrates that the applicant or caregiver records are inaccurate, the employment or contractual services present no risk of harm to a care recipient or the disqualifying conviction does not directly bear upon the applicants' or caregivers' fitness for employment.

Copies of the Caregivers Criminal History Screening Act and the Draft Regulation Requirements can be obtained by calling (505) 827-1484 or (505) 827-1503. Final promulgation of the Regulations are not expected from the State Records and Archives Center until August 28, 1998.

INSURANCE DECLINES FOR MENTAL HEALTH

Insurance companies' spending on mental health care plummeted over the last decade and advocates argue that some of the savings should be used to lift limits on access to care.

A typical health plan might pay for just 20 visits to a psychiatrist, while a person with diabetes can see a doctor as many times as the doctor feels is necessary.

A study by the National Alliance for the Mentally Ill found spending for behavioral health fell 54 percent between 1988 and 1997, while total health-care spending fell by just 7 percent. In 1988, behavioral health care accounted for 6.1 percent of total health spending. By 1997, it was just 3.1 percent.

NADD: AN ASSOCIATION FOR PERSONS WITH DEVELOPMENTAL DISABILITIES AND MENTAL HEALTH NEEDS

NADD will hold its 15th Annual Conference and Exhibit Show: "Excellence from the Heart" November 4th through 7th, 1998, Albuquerque Hilton, Albuquerque, New Mexico. Preconferences: November 4, 1998, Body In Soul: Physical Issues and Assessment and Older Adults with Developmental Disabilities and Mental Health Issues. There will be a wide range of topics concerning mental health aspects of mental retardation. These topics will include: family issues, assessment, treatment, therapy, program models and psychopharmacology. Registration fee waivers will be available. For more information contact:

NADD, 132 Fair Street

Kingston, NewYork 12401,

Phone: (914) 331-4336

Toll-free: (800) 331-5362

fax (914) 331-4569

nadd@ulster.net (e-mail)

http://www.thenadd.org

P&A Board of Directors:
John Foley: President
Larry Lorenzo: Vice-President
Orlando Girón: Secretary-Treasurer
Executive Director: Jim Jackson

El Guardián Staff:
Editor: Joan Curtiss
Production/Layout: Kathleen Mahoney
Assistant Editors: Rona Wagner
Ileana Johnson

WELFARE REFORM WILL IMPACT PEOPLE WITH DISABILITIES

Proposed regulations for the state's new welfare reform program will make it more difficult for many people with disabilities and their caretakers to receive public assistance.

The Human Services Department has issued temporary regulations for "New Mexico Works," the new state public assistance program and it plans to make them permanent on July 1. In testimony at a public hearing in Santa Fe on the regulations, P&A Executive Director, Jim Jackson, outlined some of the problems the state's approach will cause for people with disabilities.

Under the proposed HSD rules, adults with disabilities who live in a household where another person is eligible for public assistance, cannot qualify for individual benefits as an independent adult. Their financial assistance would be paid to the head of household even if not legally related to the adult with disabilities and the amount of benefit would only be equal to that of another child in the family.

Persons who are "completely disabled" are among those who are exempt from the requirement that working-age adults receiving benefits must be employed. However, in determining whether a person is "completely disabled," only the medical severity of the person's disability will be considered. Other factors which will affect the ability of a person with significant disability to actually get a job, such as age, experience, education, literacy and so on, will not be considered.

Persons who are caretakers of children or adults with disabilities may also get a waiver of the work requirement, but the regulations do not allow a fair assessment of the need for a caretaker. Time spent on transportation to and from medical appointments, as well as the time it takes to prepare meals, will not be considered in determining whether caretaker functions would interfere with a person's availability for work. Apparently the state believes that medical appointments don't take long and can be easily rescheduled as needed for the convenience of the caretaker and that preparing and providing lunch can be easily postponed for a few hours without any harm to the person being cared for. Those who care for children and adults with severe disabilities usually face a much different reality.

Other concerns include mandatory school attendance requirements which may affect children with behavior disorders who are suspended or expelled by their school district and a linkage of New Mexico Works eligibility to the General Assistance (GA) program which will have the effect of denying GA benefits to many adults who now qualify. The final rules will be issued shortly. It is hoped that the above concerns will be corrected.

COALITION ADDRESSING DD WAIVER WAITING LIST

There are more than 1,600 people on the waiting list for developmental disabilities services in New Mexico. There are hundreds more who need services but have not put their name on the list either because they are not aware of how to apply or they have been discouraged by the prospect of waiting years for services.

To address these needs, the Protection and Advocacy System is working with the ARC of New Mexico, the DD Planning Council, the Center for Development and Disability at UNM, and Parents Reaching Out in a campaign to promote funding for additional services.

The coalition is supporting a state-wide effort to educate legislators and candidates for public office about the needs of those on the waiting list and strategies for addressing these needs.

Families or individuals who need services but are not on the waiting list are encouraged to do so. Contact P&A or any of the other groups in the coalition for more information. Those interested in providing information to state and local policy-makers about the waiting list can contact ARC-NM (883-4630) or PRO (865-3700).

ADULT SSI UNDER ATTACK BY CONGRESS

The Republican leadership in the House Ways and Means Subcommittee on Human Resources is currently drafting proposals that would make drastic changes to the Supplemental Security Income (SSI) Program. Some of the provisions in this proposal would have devastating effects on people with mental retardation who depend on SSI as their sole means of support, including:

· applying a family cap by reducing the payment of two SSI recipients who live together by 25% and reducing the payment of five or more recipients in the same household by 40%.

· making eligibility more difficult by requiring individuals to meet the "two-marked" standard under the medical listings (similar to attempts to cut the children's SSI program under the new welfare law) and by requiring determinations to give more weight to medical (versus functional) evidence.

· Prohibiting asset transfers (including trusts) that facilitate SSI eligibility. Transfers made within 3 years of application to receive SSI benefits would be treated as a financial resource of the person making the transfer. Benefits would not be paid until the cumulative amount of benefits that would have been paid equaled the uncompensated value of the transferred asset.

For info. on Self-Advocacy visit our Web site at: www.nmprotection-advocacy.com

· Housing

· Special Education

· Client Assistance Project

· Assistive Technology

· Mental Health

· Individual Rights

· AIDS

ASK ROZ!

MINORS' RIGHTS IN A MENTAL HEALTH FACILITY

Roz Byron, Advocate

Q. Are rights in the facilities the same for children of all ages?

A. No, the New Mexico Mental Health Code divides children into two age groups: Those children through age 13 and those age 14 - 17. At age 18 an individual is considered an adult.

Q. What is the biggest admission difference in those two groups?

A. Through age 13 the parent or guardian can admit their child to the facility without their consent and without a court commitment. From age 14 - 17 a young person can request admission for treatment on a voluntary basis.

Q. Does the parent/guardian of a 14 - 17 year old have to agree to treatment?

A. Yes. The parent/guardian must sign a voluntary admission document along with the child.

Q. How long can a stay at the treatment facility be?

A. A stay can be up to 60 days and a lawyer must see the child 7 days after admission to talk with him/her about their rights and whether they understand why they are there. If the stay will be longer, the lawyer must visit with the patient before the end of each 60 day period.

THE MEDIATION ALTERNATIVE
Greg Trapp, Esq.

When Congress amended the Individuals with Disabilities Education Act (IDEA) in 1997, it included a requirement that mediation be offered to parties who make a request for an impartial due process hearing. Avoiding conflict is especially important in special education cases because of the desirability of maintaining an ongoing and cooperative relationship between the parents and the school.

There are many different types of mediation. The most familiar type of mediation consists of a neutral third person who attempts to bring about cooperative discussions between disputing parties. Some parents believe that because the mediator is contracted by the State Department of Education they are not truly neutral, but this is a very typical mediation arrangement and should not compromise the neutrality of the mediator.

A mediator does not make a decision, but instead tries to get the parties to come to their own agreement. Most mediations begin with the parties sitting together around a table. Depending on the situation, most mediators will then place the parties in separate rooms for a private "caucus." The private caucus allows the parties to discuss more freely the issues of contention, and allows the mediator to explore with them some possible settlement options.

Mediation has several advantages in addition to avoiding or lessening the level of conflict. Mediation usually results in a quicker resolution. The IDEA specifically states that the mediation provision must not slow down the processing of a due process hearing request. Mediation also affords the parties the opportunity to determine their own destiny. This is often desirable because it avoids the uncertainty of leaving the decision up to the hearing officer. Mediation can also afford the parties greater confidentiality. In fact, one of the requirements for mediation is that the parties agree to sign a confidentiality agreement prior to the start of the mediation.

Protection and Advocacy has had four mediations under the new IDEA amendments. Our experience thus far has been positive. Although only one of the mediations actually resulted in a settlement, the other mediations improved communications between the school and the parents, and a couple of them are leading to further settlement discussions. While there are some problems to work out in the system, mediation has the potential to dramatically improve the way in which due process requests are resolved.

IDEA IN JEOPARDY IN THE U.S. HOUSE

Due to continued tremendous pressure being exerted by various school administrator associations and other groups opposed to provisions of the IDEA, the Labor, Health and Human Services, Education and Related Services Subcommittee of the House Appropriations Committee has passed a spending bill which contains devastating amendments to the IDEA.

One of the amendments, offered by Representative Bob Livingston (R-La.), Chair of the House Appropriations Committee, would add a new category to the list of behaviors for which students can be removed from the classroom. It gives more authority to school personnel in such decisions, rather than the current authority given to a hearing officer. The other damaging amendment adopted by the Subcommittee, offered by Rep. Frank Riggs (R-Ca.), would deny special education services to youth with disabilities in prison. Both of these amendments are scheduled to be taken up by the full Committee on July 14th.

DATE	EVENT	TIME/PLACE	CONTACT
7/31/98	P&A Board Mtg.	10 a.m. - 4 p.m. P&A Library	Jim Jackson 256-3100
8/3/98	Mental Health Rights	UNM MH Center - evening	Roz Byron 256-3100
8/12/98	General Special Ed. Training	11:30-12:30 P&A Library	Joan Curtiss 256-3100
8/12/98	Kids Advocates, SSI Coalition	8:00 a.m. La Familia	Colleen Miller 256-3100
8/21-22/98	Fiesta Educativa	San Antonio, TX	(210) 222-2637 or (800) 682-9747
9/7/98	Mental Health Rights	UNM MH Center - evening	Roz Byron 256-3100
9/16/98	General Special Ed. Training	11:30-12:30 P&A Library	Joan Curtiss 256-3100