Hi Ruth,
 
It is good to hear from you again.  I received two comments from  subscribers 
off-List asking for more information about your famous case.   Can you please 
go into more detail about 1) how it came about and 2) what  resulted?   This 
landmark case has implications for service providers  in every state.
 
Thanks so much,
 
Rochelle
 
 
 
Rochelle Kenyon
Moderator, NIFL/LINCS Learning Disabilities  Discussion List
Center for Literacy Studies at the University of  Tennessee
_RKenyon721 at aol.com_ (mailto:RKenyon721 at aol.com)  

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I am belatedly reviewing the helpful  discussion and wanted to share some 
information from Massachusetts that relates  to the issue of ways to obtain 
diagnostic assessments. 

Several years  ago, I filed a complaint with the Office for Civil Rights of 
the U.S. Dept. of  Health and Human Services alleging that our state TANF 
agency (the Department of  Transitional Assistance or DTA) was failing to 
accommodate the needs of persons  with learning disabilities in its Employment Services 
Program for TANF  recipients. In 2001, OCR ruled that TANF agencies have an 
obligation to assess  whether recipients have disabilities that may interfere 
with their ability to  participate equally in TANF-funded programs. In late 
2006, OCR and DTA entered  into a Resolution Agreement under which participants 
in DTA's ESP system, which  can include those participating in adult education 
courses, can be screened for  learning disabilities using the Washington State 
screening instrument. If the  recipients screen positively, then DTA pays for 
a diagnostic assessment  performed by qualified individuals under contract 
with the University of  Massachusetts' Disability Evaluation Service. 

This provides an important  avenue for TANF recipients to obtain a diagnostic 
assessment that can then form  the basis for education and training providers 
affording the kinds of  accommodations necessary to help their participants 
succeed. Attached is a DTA  memo very generally describing the process.

(TANF recipients who are not  participating in ESP activities can also be 
screened by DTA and, if screened  positively, they are referred to our vocational 
rehabilitation agency with a  possibility of obtaining an assessment there, 
although I think that there are  long waiting lists.)


Ruth A. Bourquin
Mass. Law Reform  Institute
99 Chauncy Street, Suite 500
Boston, MA   02111
(617)357-0700 ext. 333
fax: (617)357-0777
email:  rbourquin at mlri.org
 
 
 



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