NAPAP Brings Client Home

NAPAP first met Albert G. in the spring of 1995. At that time Albert was 17 and living in the institution where the Bureau of Indian Affairs had placed him when he was 5 years old. Albert has cerebral palsy and testing indicates mild mental retardation, although there are reasons to question these conclusions. Albert decided to attend the public high school rather than attend classes at the institution. His father and many people working with him agreed that the public school was the least restrictive environment for him. The public school and the institution were refusing to cooperate in placing Albert outside of the facility.

After the Native American Protection & Advocacy Project (NAPAP) began representing Albert, several special education school meetings took place with the BIA, Navajo Social Services, and members of the IEP (Individualized Educational Plan). After reviewing more than 5 years of records, NAPAP was able to show that the institution failed to provide Albert with the full range of services in the least restrictive environment. NAPAP claimed violations of the Individuals With Disabilities Education Act, Section 504 Of the Vocational Rehabilitation Act, and the Americans With Disabilities Act.

Albert decided he wanted to leave the facility where he had lived 12 years and return home. NAPAP requested a due process hearing against the BIA on behalf of Albert's right to leave and live and receive services in the least restrictive environment. The BIA settled the issues before the hearing took place. In the settlement agreement Albert received 7 years of compensatory education and a cash settlement for the long-term violation of Albert's rights. The cash settlement was put into a trust to assist Albert in obtaining equipment and services that were not provided by other sources.

NAPAP is still in touch with Albert and his family. For the last several years, Albert has lived with his family in the community attending public high school. Just recently he has moved into a group home with 3 other residents in Price, Utah. He is also participating in an employment program that places participants in community-based work situations. Although he is still adjusting to living in the community, he is learning to make his own decisions and taking responsibility for these decisions, something he did not have to learn to do during his years at the institution.

NAPAP is the Native American Protection & Advocacy Project of DNA-People's Legal Services, Inc. Every state and territory has a P&A. In 1994, amendments to the Developmental Disabilities Assistance and Bill of Rights Act of 1975 were enacted to expand P&As to include a Native American P&A for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute Tribes. The tribal councils of the Navajo Nation, the Hopi Tribe, and the San Paiute Tribes authorized the services to be provided in the Four Corners area. Although NAPAP's main office is located in Shiprock, New Mexico, client interviews usually take place in the DNA closest to the client or another location convenient to the client. Clients can contact NAPAP toll free at
1-800-862-7271.