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Government, Law and Policy Journal NYSBA WINTER 2012 | VOL. 14 | NO. 2 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School Civil Rights and Disabilities Law The Committee on Attorneys in Public Service 2013 Annual Meeting Program and Awards for Excellence in Public Service Tuesday, January 22, 2013 Hilton New York 1335 Avenue of the Americas (53rd-54th Sts.) Supreme Court Update (9:00 a.m. – 12:15 p.m.) Social Media and Legal Ethics (2:00 p.m. – 4:30 p.m.) 2013 Awards for Excellence in Public Service Reception (5:30 p.m. - 7:00 p.m.) 2013 Honorees: Hon. Carmen Beauchamp Ciparick Hon. Judy Harris Kluger Deborah Liebman Committee on Attorneys in Public Service: Catherine A. Christian, Chair Awards Committee Chairs: Donna M. Giliberto and Theresa L. Egan This Award Reception is a FREE event, and is open to all NYSBA NEW YORK members, friends and colleagues STATE BAR ASSOCIATION RSVP to: [email protected] or call 518-487-5571 WINTER 2012 | VOL. 14 | NO. 2 Government, Law and Policy Journal Contents Board of Editors 2 Message from the Chair J. Stephen Casscles Catherine A. Christian Lisa F. Grumet James F. Horan 3 Editor’s Foreword Barbara F. Smith Rose Mary K. Bailly Albany Law School 4 Guest Editor’s Foreword Editorial Board Bridgit M. Burke Rose Mary K. Bailly Editor-in-Chief 5 Albany Law School’s Civil Rights and Disabilities Law Clinic: Robert Heverly Thirty Years of Education and Experience Director, Nancy Maurer and Bridgit M. Burke Government Law Center Vincent M. Bonventre 13 Special Education Advocacy in New York City Founding Editor-in-Chief Lauren I. Mechaly Student Editors 20 Repairing the Extended School Year Regression Standard in New York to Stefan Short Individualize the Need for Special Education Services Executive Editor Rosemary Queenan Laura Bomyea Edward DeLauter 27 Intersections Between Foster Care and IDEA Services— Katharine Fina How to Bridge the Gap Between Systems on Behalf of Students with Disabilities Evamaria Kartzian Tara Moffett Craig Mackey Dave Schreiber 35 The Mental Hygiene Legal Service at 50: Katie Valder A Retrospective and Prospective Examination of Advocacy Senior Editors for People with Mental Disabilities Editorial Offi ce Sheila Shea GLP Journal Government Law Center 42 New York Reforms Its System of Protection for Vulnerable Individuals Albany Law School Jennifer Monthie 80 New Scotland Avenue Albany, NY 12208 48 The Achieving a Better Life Experience (ABLE) Act of 2011: 518.445.2329 Good Intentions, Questionable Results Send Address Changes to: Edward V. Wilcenski and Tara Anne Pleat Records Department New York State Bar Assoc. 53 Ensuring Effective Communication with Deaf and Hard of Hearing Individuals One Elk Street Michael Mulé Albany, New York 12207 518.463.3200 58 Injured on the Job: The Fear of Future Expenses [email protected] Thomas G. Benjamin The Government, Law and Policy Journal welcomes submissions and suggestions on subjects of interest to attorneys employed or otherwise engaged in public service. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the editors, the Government Law Center, or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief for submission guidelines. Material accepted for publication becomes the property of the Association. Copyright © 2012 by the New York State Bar Association. ISSN 1530-3942 (print) ISSN 1933-8414 (online). The Journal is published twice a year. Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact the Bar Center at (518) 463-3200. Message from the Chair By Cather ine A. Christian I am very proud to be a for Special Achievement in Public Service Program. This lawyer. I am a member of a year the program was a luncheon held in New York City profession that allows me the at NYCLA. The Subcommittee on Awards and Citations, opportunity to perform pub- co-chaired by Donna Giliberto and Terri Egan, originated lic service every day. I have the Citation award during 2008. The subcommittee solicited been fortunate to have found nominations for the citations, reviewed all nominations a career that has brought me received, and identifi ed the most worthy nominees. The professional fulfi llment. My subcommittee then presented a list of fi nalists to the full membership in NYSBA has CAPS committee from which the citation recipients were contributed greatly to that chosen. Our 2012 Citation winners were Jonathan Darche, fulfi llment. I immediately an assistant district attorney in the Queens County District said yes when President Sey- Attorney’s Offi ce, and Karen Freedman, Executive Director mour James asked me to of Lawyers For Children, Inc. Our guest speakers were Times Chair the Committee on At- Union reporters Casey Seiler and Jimmy Vielkind. Both gave torneys in Public Service (CAPS). The majority of my career an informative and interesting presentation on covering the has been spent as a prosecutor in the New York County passage of the landmark marriage equality legislation. District Attorney’s Offi ce and the Offi ce of the Special Nar- The Honorees for the 2013 Awards for Excellence in Pub- cotics Prosecutor for the City of New York. When I became lic Service are the Honorable Carmen Beauchamp Ciparick, President of the New York County Lawyers’ Association Honorable Judy Harris Kluger, and Deborah Liebman. The (NYCLA) in 2007, I received a congratulatory letter from awards will be presented at a reception on Tuesday evening, John Buonora, who was the President of the Suffolk County January 22, 2013 at the New York State Bar Association An- Bar Association. John was then the Chief Assistant District nual Meeting in New York City. Attorney in the Suffolk County District Attorney’s Offi ce. John wrote: “I have always believed that more prosecutors Our Subcommittee on Ethics, co-chaired by Hon. James should be made aware that they are part of the larger family McClymonds and Steve Krantz, will be working on updat- of lawyers represented by bar associations and that all law- ing the Ethics in Government publication and will continue to yers have much more in common than some might think.” I review the Rules of Professional Conduct and the rules most have frequently repeated John’s comments to my colleagues relevant for the public service attorney. and to other public sector attorneys. Our Subcommittee on the Administrative Law Judiciary As a member of the NYSBA House of Delegates, Execu- co-chaired by Hon. James F. Horan and Hon. Elizabeth H. tive Committee and past member of the Nominating Com- Liebschutz organized with the NYSBA Committee on Con- mittee, I know that public sector attorneys are a much need- tinuing Legal Education a Fall 2012 CLE Program, Adminis- ed voice in discussions about policies and issues that are trative Hearings Before New York State Agencies. The program central to NYSBA’s priorities, including recommendations was held on November 27 in Manhattan and December 5 in for legislation that affect the practice of law in New York Latham. State. Much of my professional development as a lawyer We have created a new Subcommittee on Outreach to has been obtained through the activities I have engaged in Law Schools and Law Students. The subcommittee is tasked as an active bar association member. I have been fortunate with providing law students with information about vari- that all three of my bosses, Robert M. Morgenthau, Cyrus ous public sector attorney positions, practical advice about Vance Jr. and Bridget Brennan, have supported my work as securing positions and introducing the students to the vari- a bar leader. I encourage other public sector employers to be ous career opportunities available in local, state and federal equally supportive of their attorneys’ bar association activi- government. CAPS members will participate in upcoming ties. NYSBA career events at law schools. I am honored to serve as Chair of CAPS and am looking Please join CAPS during 2012–2013 at one or more of forward to continuing the CAPS mission to serve New York our events. I invite you to join CAPS and meet other public public service attorneys lawyers by promoting the highest sector attorneys and other members of the bar represented in standards of professional conduct and competence, provid- NYSBA Committees and Sections. ing a network system to bring together public service attor- neys to further their common interests, and highlighting the Finally, a big thank you to Rose Mary Bailly for her con- exceptional work done by public service attorneys. tinued dedication and tireless work as editor-in-chief of the Government, Law and Policy Journal. Rose Mary has assembled The Committee is working on a number of initiatives a stellar group of authors and informative articles for this and programs that will interest public service attorneys for issue dedicated to disability issues and law. 2012-2013. In September we had a well-received Citation 2 NYSBA Government, Law and Policy Journal | Winter 2012 | Vol. 14 | No. 2 Editor’s Foreword By Rose Mary K. Bailly Bridgit Burke, Esq., Professor and Co-Director of this issue. My thanks also the Civil Rights and Disabilities Law Clinic, and my col- to the staff of the New York league, graciously agreed to be the Guest Editor for this State Bar Association, Pat issue of the Government, Law and Policy Journal.
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