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 THE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA
Affiliated with the Lawyers Committee for Civil Rights Under Law
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Board of Directors
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Eric J. Rothschild, Board Chair
Pepper Hamilton LLP
Melissa A. Wojtylak, Treasurer
Reed Smith LLP
Scott Bennett Freemann, Secretary
Freemann Law Offices
Danielle Banks
Stradley Ronon Stevens & Young LLP
Richard L. Bazelon
Bazelon Less & Feldman
Anna M. Bryan
White and Williams LLP
Nicholas E. Chimicles
Chimicles & Tikellis
William H. Ewing
Joseph B.G. Fay
Morgan Lewis & Bockius LLP
Brian T. Feeney
Greenberg Traurig LLP
H. Robert Fiebach
Cozen O'Connor
Howard R. Flaxman
Fox Rothschild LLP
Ellen S. Friedell
Reaching Agreement ADR LLC
George G. Gordon
Dechert LLP
Stacy L. Hawkins
Diversity Consultant
Rutgers School of Law - Camden
Marilyn Heffley
Sunoco, Inc.
Donald K. Joseph
Rutgers School of Law - Camden
Aliza R. Karetnick
Duane Morris LLP
Joseph W. "Chip" Marshall, III
Stevens & Lee
Marciene S. Mattleman
After School Activities Partnership
KYW Newsradio
Sharon F. McKee
Hangley Aronchick Segal & Pudlin
H. Laddie Montague, Jr.
Berger & Montague PC
Carlos S. Montoya
ARAMARK
Derek Redcross, CPA
Redcross Associates
Paul H. Saint-Antoine
Drinker Biddle & Reath LLP
David Smith
Schnader Harrison Segal & Lewis LLP
Marc A. Topaz
Barroway Topaz Kessler Meltzer & Check, LLP
Shelly D. Yanoff
Public Citizens for Children & Youth
EX OFFICIO
Brandi Brice
Barristers' Association of Philadelphia
Carolyn M. Chopko, Chair
Young Lawyers' Division of the Philadelphia Bar Association
Rachel Gallegos
Hispanic Bar Association of Pennsylvania
Rudolph Garcia, Chancellor
Philadelphia Bar Association
Ellen T. Greenlee
Defender Association of Philadelphia
John Savoth, Chancellor-Elect
Philadelphia Bar Association
Djung Tran
Asian Pacific American Bar Association of Pennsylvania
Kathleen D. Wilkinson, Vice Chancellor
Philadelphia Bar Association
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Letter from the Executive Director
This month, I want to salute young people who, once again, are becoming a potent political force. I think of the college students from around Pennsylvania whose voices are thundering through the state capitol - and are being heard - as they protest the proposed 50% cuts to the state college system.
There is the courage of our young African American students in the Lower Merion School District, who, along with their parents, are combating excessive placement of African American students in special education. (We all shared a burst of pride last week when one youngster, formerly in special education, brought home As and Bs, one in an honors class.) There is the group of young activists in Philadelphia who have brought to the forefront the harmful and unnecessary discrimination against people - mostly African American men - who once had a conviction but now, decades after serving their time, still cannot get a job.
All of these examples inspire mightily - and they challenge us, too. Those of us who are not so young must be generous with our experience, make available leadership opportunities, and share our connections. And to the young, committed activists, I challenge you to keep using your power: call your legislator or your school board or your mayor when there is an issue of concern to you - it works. Call your friends and have them call, too. Vote. Most immediately, to those of you travelling to Harrisburg to protest cuts in college funding, think also about your younger brothers and sisters: as long as your legislators are listening, tell them that they also must reject that proposed $1 billion in cuts to K-12 public education!
Here at the Public Interest Law Center of Philadelphia, we know that we can't achieve our goals alone. We need all of you - your advocacy, your volunteer hours, your good guidance, and your generous financial support. Thank you!
Very truly yours,
Jennifer R. Clarke
Executive Director
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Motion for Preliminary Injunction Filed in Florida Medicaid Case
 On Tuesday, March 8th, the plaintiffs in a case on behalf of nearly two million Florida children enrolled in or eligible for Medicaid filed a motion for a preliminary injunction, asking the court to provide the plaintiffs preliminary relief while the rest of the case is tried. Law Center attorney Jim Eiseman and a team of attorneys from the Ft. Lauderdale office of Boies, Schiller & Flexner, LLP, led by Stuart H. Singer and Carl E. Goldfarb are representing the plaintiffs in the case.
The motion asks the federal court to stop Florida's Medicaid program from using purely budgetary considerations in setting rates paid to physicians and instead to set those rates in accordance with federal law requiring prompt and equal access to care, and it asks the court to increase the rates paid to dentists so that they are at the 50th percentile of usual and customary charges in the private market.
The motion points out that rates paid to Florida's dentists for Medicaid patients have only been increased 13% in the last 24 years, and over the same period dentists' costs have increased at more than four times that rate. As a result, only one in five children enrolled in Medicaid in Florida today receives even minimal dental care. The court is still considering the motion.
Read the motion.
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Board of Directors Update: New Chair Elected & New Members Welcomed
 At the March meeting of the Law Center's Board of Directors, Eric J. Rothschild (right) was unanimously elected to serve as the Board's new Chair. Mr. Rothschild, a partner at Pepper Hamilton LLP and a member of the firm's Health Effects Litigation and Commercial Litigation practice groups, previously served as the Board's Vice Chair and has been instrumental in guiding the Law Center through its strategic planning process. Mr. Rothschild is also deeply involved in his firm's pro bono practice, his best known case being Kitzmiller v. Dover Area School District, the first case in the nation to determine that "intelligent design" cannot be introduced into the curriculum of public high school science classes.
 The Law Center would also like to welcome a number of new people to its Board! Carlos Montoya and Joseph "Chip" Marshall, III, were elected to the Board in February. Mr. Montoya (right) serves as Assistant General Counsel at ARAMARK, and joins the Board after serving as an ex-officio member in his capacity as Vice President of the Hispanic Bar Association of Pennsylvania.
Mr. Marshall (left) is the Vice Chairman of Stevens & Lee and Griffin Financial Group LLC, previously having served as Chairman and CEO of the Temple University Health System. He has long been active in a number of civic and governmental organizations including the Gaming Control Board, the Medicaid Commission, and the Temple University Board of Trustees.
Rachel Gallegos and Brandi Brice also join the Board of Directors as ex-officio members representing the Hispanic Bar Association and the Barristers' Association of Philadelphia, respectively. Ms. Gallegos is the Court Administrator responsible for Philadelphia's highly acclaimed Residential Mortgage Foreclosure Diversion Program. Ms. Brice is an Associate Professor of Legal Studies at Peirce Business College.
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Special Education Case Updates
 Federal Court: Court has power to enforce orders by due process hearing officers
On February 2, Judge Harvey Bartle III denied a Lower Merion School District (LMSD) motion to dismiss a student's complaint alleging that LMSD failed to implement previously ordered educational relief. After a due process hearing, a hearing officer awarded to LMSD student W.J.W. (a named plaintiff in the Blunt case) an extra year of educational services, including a transition plan and placement in a public high school, tutoring program, or a private school.
Read more / Read the full decision.
LMSD Ordered to Provide Compensatory Education
In March, another LMSD student represented by the Law Center (B.D.) was awarded compensatory education by an administrative hearing officer. B.D. is a student with average intelligence, but whose behaviors impeded his learning. The hearing officer found that although LMSD recognized that there was a need to help B.D. with his behavior, it made no attempt to conduct an assessment or to create an individualized plan for him.
Read more / Read the full decision.
LMSD Ordered to Provide Compensatory Ed., Reimburse for Evaluation
LMSD student G.J. is a student with average intelligence whose parents disagreed with the evaluation of him completed by the school and asked LMSD to pay for an independent evaluation. After LMSD refused, a hearing officer ruled that LMSD parents are entitled to an independent evaluation because the school evaluation did not include input from G.J.'s parents or any in-class observation.
Read more / Read the full decision.
Alaska SD Ordered to Provide Ed. Services & Air Transportation to School
In Alaska, a Hearing Officer ordered the Southwest Region School District to pay for C.O., a client of the Law Center's, to fly to a neighboring village three times a week for schooling. They must also fully implement C.O.'s IEP after almost two years of failing to do so, and the Hearing Officer noted that if the district fails to comply, he will order them to pay for C.O. and his mother to live in Anchorage at the district's expense.
Read more / Read the full decision.
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New Faces in the Law Center's Development Staff
The Law Center's Development Director of three years, Lauren Mirowitz, has moved on to a new position working for the University of Pennsylvania School of Medicine. She will be greatly missed, and we wish her all the best! 
But as we say goodbye to Lauren, we would also like to welcome Taylor Goodman (right), who will fill the Development Director position, and Dave  Hanyok (left), our new Communications Assistant, to the Law Center's staff! Taylor, who graduated from Haverford College in 2009, has worked on the development staffs of LEADERSHIP Philadelphia and the Energy Coordinating Agency. Dave, a 2010 graduate of Brown University, joined the staff full-time in March following a six-month internship at the Law Center. |
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Law Center Attorney Recommends Education Amendments to Pa.
 Constitutional Review Commission On Wednesday, March 16th, Law Center attorney Michael Churchill testified before the Public Education Subcommittee of the Pennsylvania Bar Association's Constitutional Review Commission at Widener Law School in Harrisburg, Pa. Invited to discuss shortcomings in the current state constitution as it pertains to public education and to recommend revisions, Churchill focused on the fact that the courts have declined to enforce the Constitution's mandate for a "thorough and efficient" public school system, and on the inequality built into in the school funding system by the low proportion of school funding provided by the state. Read more about the hearing. |
Law Center Attorney to Advise Dept. of Public Health's Air Management Services
Adam Cutler, Director of the Public Health and Environmental Justice Clinic at the Law Center, has accepted an invitation to participate in the development of a five-year strategic plan for the Philadelphia Department of Public Health's Air Management Services (AMS), which monitors air pollutants and enforces city, state and federal air quality standards in Philadelphia. Stakeholders will convene in May and again in June to discuss how AMS can improve its efforts, adapt to future circumstances, and ultimately protect the people of Philadelphia from harmful air pollutants.
Read more.
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Article By Law Center Attorney Sonja Kerr Accepted to The
 Clinical Neuropsychologist An article co-written by Law Center attorney Sonja Kerr with Dr. Felicia Hurewitz, an assistant professor in the Department of Psychology at Drexel University, has been accepted for publication in The Clinical Neuropsychologist. The article, "The role of the independent neuropsychologist in special education," outlines a number of legal concepts and practical considerations that pediatric neuropsychologists should consider when conducting independent evaluations in an education context. The article is expected to be published online in April and in print soon thereafter. |
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Report Issued on Importance of State Education Funding as Governor's Budget Proposes Massive Cuts
 The Pennsylvania School Funding Campaign, a coalition of more than 30 local, state and regional education advocacy groups pushing for adequate and equitable funding of Pennsylvania public schools, released a status report in February documenting a correlation between increased school funding in Pennsylvania and increased student achievement and describing the continued need for increased public school funding. (Read the report here.) Unfortunately, Governor Corbett has proposed a budget that, far from aspiring to fully fund education, slashes the state's contribution to public schools at every level. The $1 billion cut in public education funding (view details here) will leave students without needed resources and exacerbate the inequalities that already plague our school system. Read more here about the Law Center's position, and please contact your representatives to voice your support for public schools! |
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ODR Research on IEP Facilitation
Dr. Tracy Mueller of the University of Northern Colorado is conducting research on IEP Facilitation, a recently developed dispute resolution method currently employed in Pennsylvania, and she is interested in speaking with Pennsylvania parents and educators who have participated in IEP Facilitation within the last two years. Participation by parents and educators will help guide future refinement of the IEP Facilitation service.
Parents and educators who are interested in participating in this research project and would like more information should contact Dr. Mueller at (970) 351-1664 or tracy.mueller@unco.edu
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A Victory for People with Disabilities Confined
in State Institutions 
The Disabilities Rights Network has won a major victory in the effort to end the practice of segregating people with disabilities in large institutions rather than providing them with the services necessary to live in community settings. In Benjamin v. the Commonwealth of Pennsylvania, the Honorable John E. Jones III ruled that the state has violating the law by failing to make a comprehensive plan to move all current residents who qualify for community placement out of state-funded institutions.
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Parents: Get Involved In School Advisory Councils!
The Law Center is pleased to share information about an opportunity for parents, students, community members, and educators to get involved in an initiative to help shape Philadelphia Renaissance Schools. Advisory Council members will be responsible for making recommendations to select school turnaround teams, helping to plan the changeover to a Renaissance School, monitoring Renaissance School progress toward performance targets for students, and advising on instruction, curriculum, school safety, budgeting, extrcurricular programs, and parent-community engagement.
To get involved, contact Rachel Bowers at (215) 384-6252 or rachelbowers19@gmail.com
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Support the IDEA Fairness Restoration Act!
In 2006, the Supreme Court decided that parents who prevail in special education cases cannot obtain expert witness fees from the defense. Recently, several members of the Senate and Congress introduced the IDEA Fairness Restoration Act, which would reauthorize such recoveries for parents caught in litigation. Please contact your elected representatives in support of this bill! ( Read the act as introduced in the Senate.)
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 Meet our Featured Volunteer, Lenore Bushlin!
The Law Center's day-to-day operations rely in large part on the hard work of its wonderful volunteers. A big thank you to our volunteers and interns for their contributions to the Law Center's success! This month we're featuring Lenore Bushlin, who helps out at the Law Center working at our front desk.
Outside of the Law Center, Lenore works in a public library and in a law firm library, and she has also worked in university libraries in the past. Busy with volunteer work, Lenore also volunteers with the Domestic Abuse Project of Delaware County and the Philadelphia Museum of Art.
Please join the Law Center staff in thanking Lenore and all of our other volunteers for their immense contributions to the Law Center's mission!
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Join Us at These Upcoming Events:
Earth Day Every Day: Extending Environmental Justice to All
When: Friday, April 22, 9:00am-1:00pm
Where: United Way Building, 1709 Benjamin Franklin Parkway, Philadelphia PA
Cost: $50 for general admission, $100 for attorneys. (3.5 CLE credits are available.)
Contact: Email Dave Hanyok for more information and/or to request a scholarship.
To celebrate Earth Day this year, the Law Center is hosting a training session on Environmental Justice for environmental lawyers, advocates, and EJ community members. The session will discuss the history of the EJ movement (with special attention paid to local cases in Chester, Camden, and Philadelphia), current legal theories for Environmental Justice litigation, and using non-litigation strategies such as community organizing, advocacy, and negotiation to achieve EJ goals. This session will provide you with concrete tools for protecting EJ communities from further environmental abuse and for crafting a positive vision for their economic and environmental revitalization.
Inclusive Programming & Transition Plans
When: Friday, April 29, 12-4 p.m.
Where: United Way Building, 1709 Benjamin Franklin Parkway, Philadelphia PA
Cost: $100; $200 for attorneys; scholarships and multiple-course discounts are available
Contact: Email Dave Hanyok for more information and/or to request a scholarship.
This session will cover how to ensure specially designed instruction with supplemental aids and services without your child having to leave the classroom, and it will teach you the nuts and blots of a meaningful transition plan.
REGISTRATION IS NOW OPEN
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The Public Interest Law Center of Philadelphia is dedicated to advancing the
Constitutional promise of equal citizenship to all persons irrespective of
race, ethnicity, national origin, disability, gender or poverty. We use
public education, continuing education of our clients and client
organizations, research, negotiation and, when necessary, the courts to
achieve systemic reforms that advance the central goals of self-advocacy,
social justice and equal protection of the law for all members of society.
www.pilcop.org
The Public Interest Law Center of Philadelphia
is a registered charitable organization. A copy of the official
registration may be obtained from the Pennsylvania Department of State
by calling toll free within Pennsylvania 1.800.732.0999. Registration
does not imply endorsement.
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