News
Olmstead Commission Announces New Plan
(Bismarck, ND) The North Dakota Olmstead Commission announces the release of its first comprehensive update to the state plan since 2002.
The landmark Olmstead v. L.C. Supreme Court decision on June 22, 1999, affirmed that unjustified segregation of individuals with disabilities constitutes discrimination under Title II of the Americans with Disabilities Act (ADA).
ND Protection & Advocacy Project Responds to Office of Civil Rights Report on Fargo Public Schools District’s Use of Restraint
(Bismarck, ND) The North Dakota Protection & Advocacy Project (P&A) is committed to advocating for the educational rights of students with disabilities particularly in the areas of least restrictive environment, positive behavioral supports, and elimination of seclusion and restraints. Each of these elements are essential to students with disabilities who are entitled to receive a free appropriate public education, a requirement of federal law. When students with disabilities are denied a free appropriate public education (FAPE) a complaint can be submitted to the Department of Education Office of Civil Rights (OCR) to investigate and remedy violations of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.
On December 5, 2023, the United States Supreme Court dismissed the Acheson Hotels, LLC v. Laufer. The case involved whether an individual may challenge an accommodation under the Americans with Disabilities Act (ADA) by serving as a tester when the person does not intend to visit the establishment.
P&A Announces New Priorities
(Bismarck, ND) The Protection & Advocacy Project (P&A) is the leading civil rights organization for North Dakotans with disabilities. The agency is committed to equality and inclusion in all aspects of life.
(Bismarck, ND) Bradley Peterson, has joined the ND Protection & Advocacy Project (P&A) as the agency’s Legal Director. Brad graduated from the University of North Dakota School of Law and is licensed to practice in both North and South Dakota. Brad brings 30+ years of experience of serving individuals that have been marginalized by the justice system. In addition to private practice, his previous public experience at the ND Commission on Indigent Defense, Legal Services of ND, and Dakota Plains Legal Services will bring a depth and breadth of legal knowledge to P&A. Peterson also has experience as a former Chief Justice of the Standing Rock Sioux Supreme Court and Tribal Prosecutor.
P&A Hosting Public Forum on CMS's proposed "HCBS Access Rule"
(Bismarck, ND) The Center for Medicare and Medicaid Services recently proposed a set of Medicaid rules: one is aimed at improving access to services (the access rule) the other focuses on managed care access and quality.
P&A Recruiting Members for Mental Health Advisory Council
(Bismarck, ND) The Protection & Advocacy Project (P&A) is recruiting members for its mental health advisory council. The Council addresses a variety of issues related to mental health. The Council:
• Provides P&A with information and identifies issues important to the mental health community.
• Provides feedback on priorities for P&A’s mental health program.
• Provides P&A and its governing board with independent advice and recommendations.
• Prepares the annual Advisory Council Report detailing activities.
• Educates the public about the mission and purpose of P&A.
• Decides how to use its time and expertise to educate, advise, and select projects.
(Bismarck, ND) The Protection & Advocacy Project (P&A) is the leading civil rights organization for people with disabilities in North Dakota. P&A’s mission is to champion the equality and inclusion of people with disabilities where we live, work, and play.
(Bismarck, ND) The passage of House Bills 1263 and 1264 into state law memorializes the definition of Individual Justice Planning (IJP), allows the use of an IJP as an alternative to physical custody for justice involved adults, and requires the court to make an IJP referral for a child involved in the juvenile justice system.
(Bismarck, ND) With the passage of Senate Bill 2163, North Dakota joins 16 other states enacting plain language laws. This legislation will require that constitutional amendments and initiated and referred measures appearing on voting ballots to be written in plain language.