DES Statement

The following is currently posted on the DES website:

On March 11, 2009, Judge Joseph Heilman of the Maricopa County Superior Court issued a Preliminary Injunction prohibiting the Arizona Department of Economic Security from suspending services for non-residential state-only services and reducing provider rates. As long as the Preliminary Injunction remains in effect, services to consumers receiving non-residential state-only services will continue and provider rates will not be decreased. The reductions in the Division of Developmental Disabilities are necessary to help DES offset $103 million in budget reductions and fund transfers contained in SB1001, as well as $50 million in unfunded shortfalls. Accordingly, DES is appealing this decision and requesting that the Preliminary Injunction be stayed.

So for now, we have services, we don't know what will happen under appeal. Personally, I am going to be following through with the due process hearing with AZEIP anyway, I would recommend everyone else does too, if for nothing else, to have it on record just in case the state tries to pull this again. I think they need to see we will not allow them to do this to us and our children without a fight.