CIL-NET Presents…. Implementing and Enforcing Olmstead A National Onsite Training Olmstead Developments in the Courts May 11, 2011 Presenter: C. Talley Wells Atlanta Legal Aid. 1. Olmstead Developments. What we will cover: Main controversies from decision
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Implementing and Enforcing Olmstead
A National Onsite Training
Olmstead Developments in the Courts
May 11, 2011
C. Talley Wells
Atlanta Legal Aid
What we will cover:
“Sensibly construed, the fundamental-alteration [defense]. . . would allow the State to show that, in the allocation of available resources, immediate relief for the plaintiffs would be inequitable . . .”
“If, for example, the State were to demonstrate that it had a comprehensive, effectively working planfor placing qualified persons with mental disabilities in less restrictive settings, and a waiting list that moved at a reasonable pace ….
Or put another way…
* Be careful -- Slow and Weak Enforcement, but might improve????
Mental Health and Disability Rights Project
Atlanta Legal Aid Society, Inc.
404-377-0705 ext. 282
Support for development of this training was provided by the U.S. Department of Education, Rehabilitation Services Administration under grant number H132B070002-10. No official endorsement of the Department of Education should be inferred. Permission is granted for duplication of any portion of this PowerPoint presentation, providing that the following credit is given to the project: Developed as part of the CIL-NET, a project of the IL NET, an ILRU/NCIL/APRIL National Training and Technical Assistance Program.