Saturday, March 7, 2009

Due Process Hearing vs Administrative Review NOT THE SAME THING AT ALL

I am the first to admit I am not a lawyer, but in reviewing both the letter DES sent us and the Safeguards Manual, some things have become apparent:
  • It states in the letter that if you apply for an "Administrative Review" your services will not continue
  • It states in the Procedural Safeguards manual that if you apply for a hearing, your services continue until the hearing, and what happens after that depends on the outcome

Please be aware THESE ARE NOT THE SAME THINGS AT ALL. They are different processes, in fact, I'm not entirely sure that "Administrative Reviews" even existed before these letters went out, I have a feeling it is a way for them to buy time, waste time, avoid hearings because people might think it is the same thing (they certainly gave that impression) or that it acts as a substitue which it does not, and they are probably planning on declining every single request with no intention of really considering keeping services in place at all. It also might be a sneaky way for them to discontinue services if people apply for a hearing as well, using the dispute letters as a way of confirming that people were aware of the discontinuation and choose that option by writing them a letter. I personally choose the only option in which it states clearly in writing that services will stay in place, and at this point unless a legal professional tells me otherwise, I would recommend others do the same thing I did, ONLY request a due process hearing, and file a system complaint, DO NOT FOLLOW THE DIRECTIONS ON THE LETTER. The form and structure is under question as to if it is even legal, they did not use the proper format, and didn't advise anyone of their rights.

7 comments:

  1. What great information you have provided! May I ask for more information? Something for the grandparents? I am here in California, alternately grinding my teeth and wanting to air drop something nasty on the AZ State capitol. I am working my way through the state legislature, the governor's office and the US Congress by email, fax and phone, but want to do more. I am willing to come over and knock on doors. I imagine I am not alone. Please advise us non-parent, non-professional types on how best we can help.

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  2. You can try to call the Governor's Council on Developmental Disablities at 1-866-771-9378, they probably have a few suggestions for who to contact, they also advise sending actual printed letters snail mail, they claim those get read, though I'm skeptical about it. Let me know what you find out, I couldn't find a way to send you a private email message, but I do have an email list of some more direct contacts and legislative committee members, I'm hesitant to post the info, because I'm not too sure how public it is supposed to be.

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  3. Thanks- will follow through with the Gov.'s Council.

    I started doing faxes several years ago after the anthrax thing, when I was told the US Mail takes forever to get through. But happy to do all methods. I keep most of my efforts on a spreadsheet so I remember who I called/emailed etc and what reply I got.

    Would love the contact information you mentioned: kempeters@gmail.com or 818-735-0987.

    Thank you.

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  4. I heard there will be a major parent protest on the Capitol grounds on March 10th. Any one aware of details? THANK YOU!!!

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  5. Michelle,

    What County do you live in? My daughter is ALTCS and is losing services that were approved earlier this year. Yanked away!!! I have a lot of links that I have been given as well and would like to share what I have with you. And if you live in Maricopa or Casa Grande, I have press coming to my house on Friday!!!

    Susan - eanizer@gmail.com

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  6. Michelle,

    What county do you live in? I'm asking because I live in Pinal County in Maricopa and have press coming to my house this Friday. My daughter is ALTCS and is having services yanked away from her, - her feeding therapy and she is 100% G-tube fed. I have more links and phone numbers I've have been provided including an email for the white house. If you want to email me, I'd be happy to share. I was at the Capitol on the 2.26.09 - My sign was huge and read "No Child Left Behind...Unless They Are Disabled"

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  7. I don't know of any protests, but the Governor's Council on Disablities is having a legislation awareness day at the capitol, here's the link

    http://www.azgcdd.org/LegislativeDay2009.asp

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