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DRM Investigates, Finds Abuse of Students with Autism

DRM successfully resolved the cases of nine students with autism who faced abuse and segregation in Harford County Public Schools. DRM was alerted to a situation in Harford County in 2014 involving a segregated classroom of young students with autism who had reportedly been sprayed in the face with water, threatened with a rolling pin and subjected to other abusive treatment by their teacher and classroom assistants. We spent the next several months conducting an extensive investigation that substantiated these allegations and revealed other harms. Our resulting report, authored by Managing Attorney Leslie Seid Margolis, details the abuse, educational neglect, and systemic breakdowns that occurred at every level, and makes a series of recommendations addressing accountability, student safety, relief for individual students, professional development and training, other staffing issues, communication with parents, program review, Child Protective Services and more. DRM also represented nine of the children in their individual education cases to obtain appropriate assessments, individualized education programs (IEPs), greater inclusion and compensatory services for the students. Our last individual case closed in June 2016; all nine students DRM represented are placed appropriately and doing well. We have continued to monitor Harford County Public Schools’ implementation of our report recommendations, received the final status report in July 2016 and formally closed our investigation in August. Pursuant to DRM’s investigation, Harford County contracted with a consultant to improve its autism program and provided significant professional development to its staff, including an “autism summit” each summer.  The school system has also addressed many of the systemic issues that had allowed this unfortunate situation to occur. After consulting with our clients, DRM decided to release portions of our report – (Part 1, Part 2, Part 3) to ensure school system accountability. See media reports of the investigation below:

“Harford special education program under scrutiny” The Baltimore Sun

“Harford teachers union calls for wider training amind allegations of abuse of autistic students” The Baltimore Sun

“Law center finds ‘systematic breakdown’ at fault for abuse of autistic students” CBS Washington 

“Report raises concern over treatment of students with special needs” WBAL TV

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Dara

DRM represented “Dara,” a young woman with mental illness who lives in a supportive housing program. The program terminated Dara’s lease after she intervened in a fight to protect a friend who was being assaulted in her building. DRM investigated and found that the building, which serves young adults who are formerly homeless or aging out of foster care, was very chaotic because the program had stopped providing building security, and Dara’s case manager was refusing to intervene when she asked for help or indicated she did not feel safe. DRM was able to negotiate a solution whereby the supportive housing program allowed Dara to move to an independent apartment of her choosing with continued rental assistance. DRM also advocated for the program to train its staff about the principles of trauma informed care.

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Public Policy

DRM provides education and technical assistance in public policy matters affecting people with disabilities. DRM engages in a limited amount of policy advocacy within the legal restrictions established for nonprofit organizations.

2017 General Assembly Session

2016 General Assembly Session

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Abdul

Without providing adequate notice to his family, the state reduced and then ended Therapeutic Behavioral Services (TBS) for “Abdul,” a 13-year-old boy with cerebral palsy, autism, stereotypic movement disorder, and intellectual disability. DRM advocated for Abdul to be reinstated into his previous level of TBS pending his appeal. While the state ultimately authorized these hours pending the hearing, but before Abdul could receive them, he was hospitalized in a psychiatric facility for several weeks, which according to his neurologist, was due in part to the lack of in-home TBS services. DRM provided extensive support, including answers to legal questions and strategic advice, to a pro bono attorney who represented Abdul in appealing the reductions and termination of TBS hours. The administrative law judge found that the reductions below 40 hours/week of TBS, and the subsequent termination of his hours altogether, were improper. We will follow up to ensure that Abdul connects with an agency able to provide the ongoing 40 hours/week TBS services.

 

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Yesenia

DRM represented “Yesenia,” who despite her severe physical disability, had maintained her job as an inclusion school teacher for the past 15 years with the assistance of 90 weekly hours of attendant care under Medicaid, first under a waiver program and then under Medicaid Community First Choice (CFC). Yesenia had also been able to purchase her own home. When DHMH terminated the self-directed option under CFC and transferred her services to an agency, the state reduced her hours to 77 per week but failed to send her written notice with appeal rights in accordance with the law. Yesenia’s ability to continue working, paying her mortgage and living in the community rather than a nursing facility was at risk, as she could not afford to pay for the additional care she needed and thus intended to quit her job unless she received the full 90 hours of care. She came to DRM when appealing a later request to restore her from 77 to 90 weekly hours. We represented her to get the Department of Health and Mental Hygiene (DHMH) to restore her to 90 hours pending the appeal hearing and advocate on the merits for the restoration of her approval for 90 hours. While DHMH did restore her to 90 hours until the hearing, they refused to reverse their decision on the merits. We referred the case to a pro bono attorney with limited experience and provided many hours of technical assistance to her on handling the case over several months. After negotiations, the week before the scheduled hearing, DHMH rescinded its decision to cut Yesenia’s hours and restored her to 90 hours/week.

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