J Fox's Parkinson's Advocacy / Autism Awareness Stamp

[Guest guest]

FEAT DAILY NEWSLETTER Sacramento, California http://www.feat.org

" Healing Autism: No Finer a Cause on the Planet "

_____________________________________________________

NEWS EDITOR: FEAT@... NEWS SEARCH: http://www.feat.org/search/news.asp

LETTERS: FEATBackegroups DIALOGS: FEATBack-subscribeegroups

May 22, 2000

J Fox’s Parkinson’s Advocacy / Autism Awareness Stamp

Also: Ruling: School Dist. Must Fund Private School

M J Fox’s Parkinson’s Advocacy

http://www.michaeljfox.org/#

Actor/activist J. Fox and Parkinson's Action Network (PAN)

founder Joan I. son came to Capitol Hill today as they urged federal

lawmakers and private citizens alike to support Parkinson's research.

Fox formally announced the launch of the J. Fox Foundation for

Parkinson's Research, which merges Fox's fund-raising efforts and PAN's work

to increase awareness about the disease. Both Fox and PAN have been lobbying

for government support and funding for on-going Parkinson's research.

" My goal to find a cure for Parkinson's in less than ten years, " said

Fox. " To meet this goal it will take an extraordinary public and private

partnership to raise the money, to fund the research, and to make our dream

a reality. We have a tremendous opportunity to close the gap between what we

know and what we don't know about treating Parkinson's. The scientific

community and I believe that with a significant investment in Parkinson's

research, new discoveries and improved treatment strategies are very close

at hand. That's why Joan and I are calling upon all Americans to join the

fight against Parkinson's Disease by making whatever financial contribution

they can and by urging their Members of Congress to vote for increased

federal funding of Parkinson's research. "

" We simply refuse to imagine a life in which the suffering is

prolonged one minute longer than it must be, " said son. " That is why

that by merging together, the Fox Foundation and the Parkinson's Action

Network will be able to fund the research that will bring us closer to the

cure for Parkinson's. "

In March 2000, the National Institutes of Health presented to Congress

the Parkinson's Disease Research Agenda, which calls for an increase of

nearly $1 billion over five years. The agenda outlines the exceptional

opportunities for making progress on the causes and treatment of Parkinson's

disease. Through its merger with the Parkinson's Action Network (PAN), the

Fox Foundation will continue PAN's efforts to advocate for federal funding -

specifically for the NIH research agenda - and to increase public awareness

of Parkinson's disease.

The Foundation is dedicated to spending funds it raises for research

in a way that will best deliver on the Foundation's mission: to secure truly

effective treatments and a cure of Parkinson's on the fastest track

possible, at least within the decade. The Foundation has also already

awarded its own research grants and will begin to fully implement its

aggressive program of grant making by awarding additional grants later this

year.

The Fox Foundation's research agenda will be developed by identifying

research priorities most in need of funding. It has four objectives:

prevention, brain repair, effective symptomatic treatment, and brain

imaging. Elements of the plan will seek to address the fastest route to

deliver the following elements of a treatment and cure strategy.

The new group will also apply its considerable skills in advocacy and

persuasion to increase the federal government's support of the Parkinson's

Research Agenda. The Foundation will continue to raise the visibility of

Parkinson's and work unrelentingly to ensure that the federal government's

commitment to Parkinson's grows to meet the needs of the one million people

living with this disorder.

A core strategy of the Foundation is its commitment to being

" webcentric. " JFox.org is a state-of-the-art web site designed

combining accurate news on Parkinson's disease treatments and research

breakthroughs with entertaining and informative features designed to

encourage repeat visits to the site. It also gives the public a secure and

easy method for donating to the Foundation.

J. Fox, a well-known and highly respected actor, is the

Foundation's chairman. Known for his work in television (Spin City, Family

Ties) and movies (Back to the Future, The American President), Fox announced

in 1998 that he has Parkinson's disease. He is leaving his current role on

Spin City to focus his efforts on the Foundation and to spend time with his

family.

Joan son, founder of the Parkinson's Action Network, is

president and CEO of the new Foundation. son, a California lawyer, has

lived with Parkinson's for the past 14 years. Nine years ago, Joan founded

the Parkinson's Action Network (PAN) after discovering that Parkinson's

research funding was terribly neglected. PAN hopes to eliminate Parkinson's

through education and advocacy, and is working with Congress to increase

research funding.

For more information about the Foundation, log onto JFox.org or

call 800-708-7644.

Take the Mystery out of Autism

** SUBSCRIBE

Emailed to you Daily no cost:

http://www.feat.org/FEATNews

* * *

Autism Awareness Stamp

Baton Rouge, Louisiana Congressman Baker ® has sponsored H

RES 458 which will, if passed: Resolve, that it is the sense of the House of

Representatives that - (1) A commemorative postage stamp should be issued by

the USPS on the subject of autism awareness; and (2) The Citizen's Stamp

Advisory Committee should recommend to the Postmaster General that such a

postage stamp be issued. At this time, the stamp would be issued with the

standard $.33 value but once the stamp is established, we could begin

proceedings to request a rate increase to help raise money for research.

The number of representatives who have signed on to co-sponsor H RES

458 has increased from 12 to 17. This page (Autism Stamp) on our website

http://members.xoom.com/Jn516/ has been updated to reflect those additional

co-sponsors. Also there is now an active email link for each representative

who is co-sponsoring. Please take a few minutes to send an email thanking

them for doing this.

* * *

Ruling: School Dist. Must Fund Private School

[From the s Law Newsletter.]

http://www.wrightslaw.com/law/caselaw/pa_john_delaware_00_0508.htm

Must a school district provide special education services to a student

who attends a private, non-profit school?

Before May 8, the answer was " No. "

But on May 8, a U. S. District Court judge ruled that while the

federal special education law does not require school districts to provide

special education services to students in private schools, Pennsylvania law

does, so the child's rights under state law are " incorporated " into the

Individuals with Disabilities Act.

Facts

T., a child with Down's Syndrome, attends a private Catholic

school in Pennsylvania. In 1996, T. was enrolled in a public school

special education program at stown Elementary School for a few weeks.

But was unhappy and missed his two older brothers who attended St.

Denis, a private Catholic school.

Three weeks after entered first grade at stown Elementary

School, his parents withdrew him from and placed him in St. Denis so he

could be educated with his brothers and friends.

The Judge found that could not receive an appropriate education

at the public school:

" T. was not accepted or helped by his peers at stown

Elementary School . . . [his] third grade teacher testified credibly that

's brothers and friends accepted and helped him; he wanted to wear the

same uniform and be with his brothers and friends. "

" T. could not do well emotionally when at school away from his

brothers and friends . . . he cannot receive an appropriate education at

town Elementary School. "

* FEDERAL LAWS *

's parents sought preliminary and permanent injunctive relief to

require the school district to provide with special education services

at St. Denis under IDEA, the Rehabilitation Act, and Pennsylvania law.

The Judge found that the parents could not prevail under the

Rehabilitation Act or the IDEA alone. The parties had stipulated that the

services offered at the public school were adequate. The school district had

offered a free appropriate education (FAPE):

" Courts of appeal addressing this issue have all held the IDEA alone

does not require a state to fund special educational needs in a nonpublic

setting if there is a suitable public school setting available that the

parents have voluntarily rejected. "

On what basis did the Judge determine that despite case law from

courts of appeals, the school district had to pay for 's special

education in the private school?

* PENNSYLVANIA LAW *

Under Pennsylvania law, the state established " intermediate units. "

Intermediate units have a " duty . . . to provide, maintain, administer,

supervise, and operate such additional classes or schools as are necessary

or to otherwise provide for the proper education and training for all

exceptional children who are not enrolled in classes or schools maintained

and operated by school districts . . . "

" The statute's plain language requires intermediate units to provide

classes for all exceptional children not enrolled in public schools. T.

is an exceptional child not enrolled in a school operated by a school

district; [Pennsylvania law] . . . imposes a duty on DCIU to provide the

services to T. at St. Denis. "

Establishment Clause

Citing the Supreme Court's decision in " Agostini v. Felton, " the Judge

ruled that providing an aide, speech therapy, or occupational therapy to

at St. Denis would not violate the First Amendment because " it does not

result in government indoctrination or create excessive entanglement between

religion and the state. "

Pennsylvania Dept. of Ed's Claim of Immunity

The Delaware Intermediate Unit joined the Commonwealth of Pennsylvania

as a third party defendant in this case.

The Pennsylvania Department of Education argued that they must be

dismissed from the suit because " a state agency cannot be held to answer in

federal court for violations of state law under the Eleventh Amendment . .

.. "

The Judge disagreed. " A state agency can be sued for violations of

federal law despite the Eleventh Amendment when Congress clearly and

unequivocally expresses its intent to make states liable. "

" Congress expressly abrogated the states' sovereign immunity for suits

brought in federal court under the IDEA. "

________FEAT " Night of Caring " Dinner Dance June 10_______

http://www.feat.org/events/auction2000.htm

______________________________________________________

Editor: Lenny Schafer | Eastern Editor: | News Wire: Ron Sleith

schafer@... | PhD | News: Kay Stammers