FOR
IMMEDIATE RELEASE Contact: Jerri Katzerman,
Staff Attorney
October
3, 2005 (602) 274-6287
jkatzerman@azdisabilitylaw.org
Petition Seeks
Exemption for Lay Representation at
Special Education
“Due Process” Administrative Hearings
Public Comment
Period Expires November 21, 2005
“We have requested this change to the Rules of the Arizona
Supreme Court to ensure that parents and children with disabilities are able to
effectively exercise their due process rights,” said Jerri Katzerman,
Staff Attorney at the Center, who filed the petition. “Just as individuals challenging Arizona
Health Care Cost Containment (AHCCCS) can authorize an agent to represent their
interests in obtaining publicly funded health services, a parent should be
permitted to authorize a specially trained advocate to represent his or her
interests in a special education administrative hearing.”
The petition urges the Court to amend Rule 31(c). Specifically, the petition requests an
exemption under the regulation of the practice of law “regarding any matter
relating to the identification, evaluation, educational placement, or the
provision of a free appropriate public education for a child with a disability
or suspected disability, a party may be represented by a duly authorized agent
who is not charging a fee for the representation.”
Under its authority, the Court receives and considers
petitions to the rules that govern the operation of the courts and the practice
of law. On September 22, 2005, the Court
met to consider the Center’s petition.
The Court decided to circulate the Center’s petition for public comment
until November 21, 2005. Following the
expiration of the public comment period, the Court will consider whether to
adopt, amend or reject the proposed rule change.
“It is important for the disability community to speak up
and let the Arizona Supreme Court know that we support this rule change,” said Katzerman. “There is
an unmet legal need of families with special education needs and not enough
lawyers who practice in special education law.
Under these circumstances, it is appropriate to permit non-lawyers with
specialized training to assist families in special education hearings.”
Individuals who want to comment on the Arizona Supreme Court
rule changes must submit an original and 6 copies of
their comments to the Clerk of the Supreme Court,
Disability activists can visit http://www.azdisabilitylaw.org for more information about the pending rule
change.
- 30 -
The Arizona Center for
Disability Law is a not for profit public interest law firm, dedicated to
protecting the rights of individuals with a wide range of physical, mental,
psychiatric, sensory and cognitive disabilities. The