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HUD Report Reveals Rental Discrimination Based on Mental Disabilities

The United States Department of Housing and Urban Development released an important pilot study which revealed that persons living with mental illness, intellectual or other developmental disability continue to face significant discrimination in the rental housing market.

Among the findings, persons with mental disabilities received fewer responses to rental inquiries, were informed of fewer available units and were less likely to be invited to contact the housing provider.

Read the study: Rental Housing Discrimination on the Basis of Mental Disabilities: Results of Pilot Testing

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MD General Assembly Passes Bill to Eliminate Suspension for MD’s Youngest Students

With the passage of HB425/SB651 suspensions and expulsions for Pre-K through second grade students will be limited except in extreme circumstances. Schools must strengthen and implement currently used student support strategies such as creating behavioral intervention plans which are designed to foster peer-to-peer, student-teacher, and teacher-parent relationships. In addition, the Maryland General Assembly passed HB1287 which creates a Commission on the School-to-Prison Pipeline to study the link between discipline and student arrests, and the use of restorative practices.

View the Press Release

According to the Maryland State Department of Education, 2,363 students in Pre-K through second grade were suspended during the 2015-16 school year. Of those, 82 were in Pre-K. DRM has been working on legislation to eliminate the practice of suspension for young students. HB425/SB 651 would require schools to utilize positive interventions and supports and authorizes restorative practices. Advocates hope that this will motivate educators to deal with the reasons children act out, instead of simply removing students from school. DRM has been featured in media reports regarding this bill:

“Maryland bill limits school suspensions for its youngest students” – WUSA 9

“Bill curbing suspensions, expulsions of youngest Maryland students nears final approval” – The Baltimore Sun

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Share Your Story and Help Protect Healthcare

Congress and the Trump Administration are moving toward repealing the Affordable Care Act (ACA) and changing the fundamental structure of the Medicaid program. Below, we have provided additional information about these proposals and some suggested ways to get more involved. Your story can help illustrate the importance of access to healthcare and gives a voice to many other Americans facing the same issues.

A few ways that the ACA repeal and changes to Medicaid financing would affect the Medicaid program:

  1. Under the ACA, Maryland joined 30 other states in allowing childless adults up to 138% poverty – an estimated 115,000 Marylanders – to access Medicaid coverage, which includes treatment for mental illness and substance abuse disorders that many had previously lacked. Repealing the ACA would likely end coverage for these people.
  2. The ACA allowed states to implement the Community First Choice program (CFC) that covers Medicaid services (including personal care aides) which allows over 9,500 seniors and people with disabilities in Maryland to live at home in the community rather than in institutions.
  3. Other Congressional proposals include changing how Medicaid is paid for in a way that will limit people’s access to healthcare. Currently, Federal and State governments share the cost and changes would limit federal funding by either:
    1. providing a fixed amount of money to each state for its entire Medicaid population (“block grants”)
    2. providing a fixed amount of money per person (“per capita caps”)

With less federal money coming in, either proposal would put great pressure on State funding and likely lead to cuts in services and/or eligibility.

The ACA repeal would affect everyone in Maryland, particularly people with disabilities:

  1. Certain reforms apply to nearly any health insurance plan. Insurance companies are now prohibited from denying coverage based on pre-existing conditions and from limiting how much they will pay for someone each year and over her lifetime. Also, women may not be charged more for insurance than men; there are limits to how much more seniors may be required to pay than young people; and dependents can stay on their parents’ insurance plans until age 26.
  2. The ACA made private insurance affordable through plans available on the exchanges, which are subsidized for people below certain income limits. It also required a more comprehensive benefit package in private plans, including mental health and substance abuse disorder services, and required that many preventative health services be covered for free.

 

Ways you can get involved today:

  1.  Share your story – why you need access to healthcare through the ACA or Medicaid – with the National Health Law Program (NHeLP) Share your story with NHeLP
  2. Call your U.S. Senators and Representative, even if you believe they already agree with you, it is helpful for them to hear what their constituents think is important. Look up contact information here.
  3. Send a letter to your member of Congress – National Disability Rights Network (NDRN)

Learn More:

How the ACA repeal would impact Marylanders.
How people with disabilities benefit from the ACA.
How changes in funding would impact Marylanders

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Settlement Reached on MTA Mobility Paratransit System

After two years of data collection, litigation, and negotiation, Disability Rights Maryland (DRM), AARP Foundation Litigation (AFL) and the Maryland Transit Administration (MTA) have signed a settlement agreement to address issues with the MTA Mobility paratransit system. The Agreement was submitted to federal court for approval on January 23, 2017. MTA Mobility is a public transit service for persons with disabilities who cannot use the ‘fixed-route’ system, which includes busses, trains, and other forms of public transit.
DRM attorney Katheryn Anderson stated, “This Agreement resolves numerous issues that limit access to MTA’s Mobility service, builds in a system for on-going communications between riders and MTA officials, and provides for a continued improvement process over the next three years.”

Key components of the Settlement Agreement include:

  • Expert consultants on telephone and eligibility issues will have access to MTA mobility’s program and data and will issue recommendations for improvement. Plaintiffs can negotiate implementation of recommendations and involve mediation or the court if Plaintiffs allege that failure to implement a recommendation means the system violates their federal rights;
  • MTA Mobility will implement a “Quality Assurance Process” for eligibility decisions and review all denials and temporary eligibility decisions;
  • Applications will include information on presumptive eligibility, which requires that new applicants who do not receive an eligibility decision within 21 days of their eligibility appointment be given access to the service until a final decision is made;
  • Applicants denied eligibility may submit additional information for a re-determination if done in a timely manner’
  • MTA will process applications within ten days of request from applicants, with limited exceptions;
  • MTA will provide assessments on the same day that applicants are called to MTA offices for an eligibility interview;
  • Appeal forms and notices were altered to conform to due process protections;
  • Mobility applicants may use non-lawyer advocates for assistance during appeals.

MTA’s new administration was interested in fixing problems, began working with Plaintiffs immediately, and agreed to implement changes prior to the Agreement being submitted to the Court. During settlement negotiations, MTA initiated staff changes and developed new training and job performance expectations.

DRM and the grassroots rider organization Consumers for Accessible Ride Services (CARS) began receiving an influx of complaints around 2013 regarding the MTA Mobility’s egregiously long telephone hold times and an eligibility process resulting in denials of service to individuals requiring transit service to travel to doctor appointments, school, work, pharmacies, grocery stores, and religious or social functions. DRM and AFL attorneys worked with CARS to gather more information on the experiences of riders, and filed a class action suit against MTA in 2015.

“This Settlement will open doors to people with disabilities to help ensure their transportation needs are met. This will help us get better access to jobs, education and doctors and improve quality of life in the community,” said Plaintiff Floyd Hartley, a Mobility rider of 17 years who joined the lawsuit after logging 11 hours of hold time during 32 calls made to Mobility’s reservation and late lines in 2014.

“We are grateful for the commitment of the Plaintiffs, CARS members and other riders who continue to inform us and advocate for improvements to Mobility. These individuals work tirelessly, at no gain to themselves, to ensure equality for others. The Plaintiffs spent countless hours, traveled in all kinds of weather, sometimes coming directly from treatments, to engage in long case negotiations. We are incredibly proud to represent these remarkable individuals.” said DRM’s Director of Litigation, Lauren Young.

MTA Settlement Press Release

Complaint

MTA Settlement Agreement

Phillip’s Story – YouTube

Media Coverage

The Daily Record

The Baltimore Sun

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U.S. Dept. of Education Releases New Guidance for Students with Disabilities

The U.S. Department of Education released three new sets of guidance to assist the public in understanding how the Department interprets and enforces federal civil rights laws protecting the rights of students with disabilities.

These documents clarify the rights of the students, and the responsibility of the education institution in ensuring all students have the opportunity to learn. DRM welcomes these new guidelines; our education unit frequently handles cases of seclusion and restraint. We look forward to seeing a decline in the use of dangerous and potentially harmful interventions on students throughout Maryland.

Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
-Defines and provides examples to illustrate key terms used in Section 504.
-Highlights requirements of Section 504 in regards to public elementary and secondary schools including provisions to identification, evaluation and placement of students with disabilities, and procedures for handling disputes or disagreements between parents and school districts.

Dear Colleague Letter & Fact Sheet
Both documents offer additional information about the legal limitations on use of restraint or seclusion to assist school districts in meeting their obligations to students with disabilities.
– Will help update educators, parents, students and other stakeholders to better understand the rights of students with disabilities in public charter schools under Section 504 and IDEA.

Know Your Rights: Students with Disabilities in Charter Schools
– Designed to help parents, students, and the charter school community to better understand the rights of students with disabilities under Section 504 and IDEA.

 

U.S. Department of Education Press Release
Office of Special Education and Rehabilitative Services Website

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