THE MISSION of the Protection and Advocacy program for individuals with Developmental Disabilities (PADD) at University Legal Services (ULS) is to ensure that people with disabilities are afforded the full rights and entitlements accorded to them by the Constitution, local, and federal law. Among these rights are the right to self-determination, to be free from harm, to be afforded due process, to develop physically, emotionally, and intellectually, and to be included in community life with the opportunities and choices these rights imply.
The following priorities and objectives reflect ULS’ commitment to promote individual choice, autonomy, and inclusion in community life.
1. Promote full accessibility of public accommodations, government-funded programs, and polling places for individuals with developmental disabilities.
a. Represent individuals with developmental disabilities to promote their access to public accommodations and government-funded programs and facilities.
b. Advocate for changes at identified inaccessible polling places to ensure people with disabilities have access to their polling places.
2. Investigate abuse and/or neglect complaints and address instances where there is probable cause to believe there may have been abuse or neglect.
a. Conduct investigations of abuse or neglect of individuals with developmental disabilities in institutional settings, the community, or schools.
3. Advocate to ensure that individuals with developmental disabilities have access to quality care, consumer choice, and services in the most integrated and appropriate setting through the Department on Disability Services (DDS), the Department of Health Care Finance (DHCF), and other appropriate District agencies.
a. Represent individuals with developmental disabilities to obtain appropriate and necessary services from DDS, DHCF, and other appropriate District agencies.
b. Monitor day programs, prevocational programs, and sheltered workshops and provide informational material about ULS and supported employment opportunities and resources for people with developmental disabilities.
c. Advocate for appropriate and quality integrated day activities and employment opportunities for individuals with developmental disabilities.
d. Assist children with developmental disabilities who are at-risk of institutionalization to access Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services under Medicaid.
4. Provide outreach and education to administrative and policymaking bodies, advocates, and members of the community to promote self-determination, consumer choice, and high-quality services to maximize independent living options and placement in the most integrated and appropriate settings for individuals with developmental disabilities.
a. Participate in meetings and conduct presentations for people with disabilities, community organizations, and governmental committees/working groups to ensure that they consider the importance of self-determination, consumer choice, and providing high-quality services to maximize independent living options in the most integrated and appropriate settings for individuals with developmental disabilities.
b. Review and provide comments on pieces of proposed legislation, sets of rules, or other proposals that might impact individuals with developmental disabilities, including coordinating comments and collaborating with other advocacy agencies.
5. Advocate to ensure that people with developmental disabilities have the opportunity and autonomy to make their own decisions and to have their choices recognized and respected.
a. Conduct outreach and education to individuals with developmental disabilities, attorneys, family members, the probate court, and the community about the right of people with developmental disabilities to make their own decisions.
b. Provide informational materials and advice to family members and individuals with developmental disabilities regarding options for surrogate decision-making.
c. Assist individuals with developmental disabilities to execute powers of attorney and advanced directives, when necessary, to ensure that their wishes are followed if they become unable to provide consent directly.
6. Collaborate with ULS’ DC Jail Advocacy Project to ensure that people with developmental disabilities and co-occurring psychiatric disabilities in the DC Jail and the Federal Bureau of Prisons are linked with the necessary community-based services.
a. Advocate on behalf of individuals with developmental disabilities and co-occurring psychiatric disabilities to assist them with obtaining access to appropriate community-based services within the first year of their release from the DC Jail or the Federal Bureau of Prisons.
7. Advocate for appropriate special education services in the least restrictive environment for children with developmental disabilities attending District of Columbia Public Schools (DCPS) or public charter schools.
a. Represent children with developmental disabilities to be included with appropriate modifications and accommodations in the general education classroom.
b. Represent children with developmental disabilities to receive appropriate special education services in DCPS or public charter schools.
c. Advocate for access and improved provision of special education services in public charter schools through investigation, education, and collaboration with stakeholders.
8. Provide outreach and education to administrative and policymaking bodies, advocates, and the community to promote the inclusion of children with disabilities in public schools in the least restrictive environment and educate parents and children about their rights under the IDEA.
a. Participate in meetings and conduct presentations for individuals with disabilities, family members, advocacy groups, governmental entities, and the community regarding the rights of children with developmental disabilities under the IDEA.
9. Monitor DCPS Schoolwide Application Model (SAM) and Full Service Schools (FSS) to ensure that children with developmental disabilities receive appropriate special education supports and services in the least restrictive environment.
a. Conduct visits to SAM or FSS schools to monitor implementation of inclusive practices in the District’s schools.
b. Participate in SAM or FSS planning meetings to advocate for appropriate special education supports and services in the least restrictive environment.
10. Continue to represent the plaintiffs in Evans v. Gray to ensure that class members receive appropriate services and supports.
a. Pursue litigation strategies to protect the interests of class members, including evaluating and responding to court monitor reports, independently monitoring class members’ supports and services, and, if appropriate, preparing briefs and other documents for the Court.
11. Continue to represent the plaintiffs in ULS v. St. Elizabeths Hospital to protect the rights of dually-diagnosed residents to appropriate treatment, services, and supports in a safe environment.
a. Pursue litigation strategies to protect the interests of dually diagnosed individuals at St. Elizabeths Hospital, including, if appropriate, preparing pre-trial statements, preparing briefs for the Court, and presenting our case at trial.
b. Complete post-trial briefing, if needed, and post-judgment enforcement monitoring, if permitted.
12. Represent plaintiff class members with mobility disabilities under the Young v. DC Housing Authority case to ensure the completion of the remaining 90 mandated accessible public housing units pursuant to the Amended Consent Order.
a. Inspect the remaining newly constructed accessible public housing units for compliance with UFAS.
13. Continue to represent the plaintiffs in Petties v. District of Columbia to ensure that class members receive safe and appropriate transportation services and that District of Columbia Public Schools (DCPS) timely pays private providers that serve class members.
a. Litigate Defendants’ Appeal of the U.S. District Court’s denial of Defendants’ Motion to Vacate certain underlying orders regarding the payments aspects of the case.
b. Monitor the DCPS and the Office of the State Superintendant of Education (OSSE) payment system by reviewing invoice and dispute documentation and participating in provider dispute hearings. If appropriate, monitor the payment procedure to measure compliance with the exit plan approved by the court.
c. Monitor the transportation services provided by OSSE to ensure that class members receive adequate transportation services. If appropriate, file a motion to continue court oversight over the Division of Transportation until OSSE meets the requirements of the Exit Plan. Continue to meet with the Director of the Division of Transportation every six months.
d. Continue to ensure that non-public providers of special education have access to information about the invoice and dispute process, and hold bi-annual provider meetings to share information and stay abreast of any problems.
CASE SELECTION CRITERIA
1. Cases related to the protection of the legal and human rights of individuals with developmental disabilities which fall within the aforementioned objectives; and
2. Cases in which the client is a resident of the District of Columbia.
GRIEVANCE PROCEDURE
While we recognize that every situation is important, please note that case acceptance is dependent upon available resources, including staff time. If your case is not accepted and you wish to file a grievance, please submit your grievance in writing to the Executive Director. Current clients may also submit a grievance to the Executive Director about the quality of ULS’ representation. A client may lodge an oral grievance with a ULS staff member who shall put the grievance in writing and submit it to the Executive Director. The Executive Director may be reached at:
Jane Brown, Executive Director
University Legal Services
220 I Street, N.E., Suite 130
Washington, D.C. 20002
(202) 547-0198 Phone
(202) 547-2662 Fax
(202) 547-2657 TTY
The Executive Director shall respond in writing within thirty (30) days of receipt of a grievance from any client or prospective client, or community member who has an interest in the operation of the protection and advocacy program.
A grievant may appeal the Executive Director’s decision to the ULS Board of Directors within ten (10) days of the written decision of the Executive Director. The decision of the ULS Board of Directors shall be final and not subject to further appeal or review. Client confidentiality shall be maintained.
The Executive Director shall report grievances to the Board of Directors annually.