Below you can download the Arc of Florida Legislative Platform for 2010


Legislative Platform 2010 v2.0 v2

Members of Arc Florida can download the Arc of Florida Legislative 2010 Talking Points by logging into the website and visiting the downloads section.

Recently several organizations around the State of Florida received correspondence from The Arc US regarding the use of the term Arc, ARC, The Arc and other variations of the federally trademarked name.

Use of the term Arc, ARC, The Arc and variations of the same are registered trademarks owned by the Arc of the U.S. and cannot be used by unaffiliated organizations without permission from the Arc US.

In order to preserve their intellectual property rights on behalf of their organization and 750+ affiliates throughout the United States, the Arc US believes that it is necessary for unaffiliated organizations to cease using Arc, ARC, and The Arc as any portion of an unaffiliated organization's name or identity. The Arc US will take all steps necessary to remove those words from the websites, printed materials, signage or other uses of unaffiliated organizations. It is the hope that all organizations will recognize and respect the trademark held by The Arc US in order to avoid involving legal counsel or engaging in more formal proceedings.

The Arc of Florida is affiliated with The Arc US and therefore can carry the Arc name. However, the Arc of Florida does not own this trademark and enforcement and litigation involving the name are at the pleasure of The Arc US only. The Arc of Florida desires to work cooperatively with all developmental disabilities service groups in Florida however, the Arc of Florida honors and abides by the federal laws involving such trademarks.

Have you checked out QualityMall.org.

www.qualitymall.org


FEATURED DEPARTMENT: Microenterprises

The Quality Mall has opened a new department on Microenterprises, which are
small companies usually owned and operated by one person. Microenterprises
are providing people with disabilities new opportunities to build careers
doing the things they enjoy and that make use of their talents. They
provide opportunities for people to be entrepreneurial by owning and running
their own business. Some of the products in the Department are
microenterprises run by people with disabilities. Other products explain
the steps in forming a small business or provide useful information about
supporting such businesses.

After browsing the department, please use the Product Nomination Form to
share information about other successful microenterprises. We are hoping to
add many more businesses!
http://www.qualitymall.org/directory/dept1.asp?deptid=79&code=92109&id=3083


Here are the Microenterprises currently listed:

"JennyLU Designs"
A business owned by a person whose specialty is creating artwork and adding
it to stationery, notepads, pens, t-shirts, calendars, hats and magnets
http://www.qualitymall.org/products/prod1.asp?prodid=6443&code=92109&id=3083


"Dusty's Puppets"
A business owned by a person whose specialties are performing puppet shows
and selling puppets.
http://www.qualitymall.org/products/prod1.asp?prodid=5895&code=92109&id=3083


"John's ShredCycle"
A business owned by a person whose specialty is gathering paper refuse from
small firms, shredding it and transporting it to recycling centers.
http://www.qualitymall.org/products/prod1.asp?prodid=5906&code=92109&id=3083


"Life's Unlimited Zenith, LLC"
A business owned by a self-described artist, trainer and advocate. She
creates many products to sell, including greeting cards with inspirational
messages.
http://www.qualitymall.org/products/prod1.asp?prodid=5904&code=92109&id=3083


Examples of other resources available:

"Micro-Enterprise 25-Step Business Plan Workbook"
A workbook for people with disabilities describing how to write a business
plan for your own business in 25 steps.
http://www.qualitymall.org/products/prod1.asp?prodid=6423&code=92109&id=3083


"Customized Employment Q and A: Self-Employment as a Customized Employment
Outcome "
A fact sheet answering questions about small business ownership for
individuals with disabilities
http://www.qualitymall.org/products/prod1.asp?prodid=6429&code=92109&id=3083

First DCA found the ALJ erred in finding that Proposed Rules 65G-4.0021, 65G-4.0024, and 65G-4.0025 are valid because (1) APD failed to demonstrate it adopted a valid, reliable assessment instrument; (2) the rules place an age limit on eligibility for Tier 3; and (3) the rules automatically place some former waiver recipients into Tier 4 without an assessment. Finding Proposed Rules 65G-4.0022 and 65G-4.0023 "are so interrelated that these rules cannot stand alone," the First DCA reversed the ALJ's decision that the set of Proposed Rules could withstand the challenge raised against them. The decision remands for further proceedings consistent with the opinion.



Moreland Appeal

The Arc of Florida is not a legal team or an organization that provides legal advice because we are not attorneys. This post and its contents should not be taken as legal advice but is purely to be used as public information.

National Disability Rights Network Releases Shocking Report on Seclusion & Restraint in U.S. Schools
Florida among the States without Sufficient Laws to Protect K-12 Students
Tallahassee, FL- During a Capitol Hill news conference this week, groups, including the Florida Families against Restraint and Seclusion, called for a ban on seclusion and prone restraint, increased teacher training and other immediate action by state and local governments as well as the Obama Administration and Congress. The National Disability Rights Network (NDRN), of which the Florida Advocacy Center for Persons with Disabilities, Inc. is a part, convened the news conference and unveiled a disturbing national report on seclusion and restraint in U.S. schools.
Restraint is a manual method or physical or mechanical device that immobilizes or reduces the ability of a child to move. It does not include most orthopedic or medically prescribed devices. Prone restraint is the particularly dangerous practice of restraining a child face down. Seclusion is the involuntary confinement of a child alone in a room or area and prevention of the child from leaving that area. "Seclusion" and "time-out" are not the same, which the report carefully explains.
The NDRN report, titled School is Not Supposed to Hurt, urges states to enact a series of policies. The report shows an unsettling use of seclusion and restraint tactics resulting in physical and emotional injuries as well as deaths in schools serving students grades K-12. The report documents specific cases, including several from Florida.
NDRN identified inconsistent state laws and a lack of government oversight and investigation of this issue. NDRN called for the incoming Obama administration and 111th Congress to ban the use of prone restraint and seclusion under federal law. The group is also calling for a national summit to devise plans to implement these bans and encourage the use of evidence-based positive behavioral supports.
Phyllis Musumeci from the Florida Families against Restraint and Seclusion was present and spoke about her son and the widespread harm restraint and seclusion use is causing to children with disabilities in Florida. Families from Connecticut, home of U.S. Senator Chris Dodd, and Senator Dodd spoke at the press conference.
"Children are supposed to be safe at school -- and most of the time they are," said U.S. Senator Chris Dodd (D-CT), who also spoke at the briefing. "Unfortunately, this report shows us that in too many schools in too many places children with disabilities are not safe -- and are often subjected to inhuman treatment: being locked in rooms, tied down, or worse. Armed with this report, I will continue to work toward banning the inappropriate use of seclusion and restraint in our schools and ensuring the public knows and learns more about these practices."
Florida has no state law or state rules addressing restraint and seclusion use in schools.
The report is a compilation of cases outlined by NDRN's 57-member network of protection and advocacy (P&As) systems nationwide, including Florida. To view the report in its entirety, please visit www.NDRN.org.


Contact: Sylvia Smith
Public Policy Coordinator
Advocacy Center for Persons with Disabilities, Inc.
Phone: (850) 488-9071 x208
E-Mail: -email-


NDRN School is Not Supposed to Hurt

As the economy deteriorates, states find themselves under increasing fiscal pressure. Some states, like Florida, may be tempted to trim their Medicaid programs to help balance their budgets; but this is exactly the wrong thing to do.

You can show your state officials that cutting Medicaid is a big mistake if you use a revised and updated Medicaid calculator by Families USA: The Voice for Health Care Consumers.

Florida Medicaid Calculator

BACKGROUND
In 2007, the Florida Legislature amended section 393.0661, Florida Statutes to implement a four-tiered waiver system to serve clients with developmental disabilities in the DD and Family and Supported Living Waivers. APD published a set of proposed rules to implement the tiers and held a public hearing on April 24, 2008. Four waiver recipients, Southern Legal Counsel and the Advocacy Center for Persons with Disabilities filed a challenge to the proposed rules. The legal challenge is ongoing and scheduled for trial in June. APD nevertheless issued policies and informational letters to proceed with the tier assignments. APD sent out “informational letters” to waiver recipients. By the end of May, APD planned to send affected waiver recipients a notice letter setting out the tier assignment. According to APD, the tier assignments would take effect on July 1, 2008. Support coordinators were instructed to assist waiver recipients to “reprioritize” the services and submit new support plans with reduced services to meet the tier caps by the middle of June.

EFFECT OF THE CHALLENGE TO THE PROPOSED RULES
Until an Administrative Law Judge rules on the validity of the proposed rules, the rules cannot come into effect. On May 14, 2008, APD advised that it would delay tier implementation “until further notice” as a result of the Rule challenge.

WHAT YOU SHOULD DO NOW
At this time, waiver recipients may have received informational letters. YOU DO NOT NEED TO TAKE ANY ACTION. The informational letters are not a notice of tier assignment.

YOUR RIGHTS
When and if you receive a Notice of Tier Assignment, you have the right:
• TO CHALLENGE YOUR TIER ASSIGNMENT
• TO REFUSE TO CHANGE YOUR SUPPORT PLAN TO REDUCE YOUR SERVICES
• TO REQUEST AN ADMINISTRATIVE HEARING and
• TO HAVE YOUR SERVICES CONTINUE IF YOU REQUEST AN ADMINISTRATIVE HEARING WITHIN 10 DAYS.

This document can also be downloaded:
TIER PLACEMENTS