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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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Early Voting Begins in MD 10/27

Same day voter registration is allowed with proof of residence. All Early Voting locations are accessible to people with disabilities. Voters can vote from today until Thursday Nov. 3. Polls are open 8AM to 8PM.

DRM provides resources to make the voting process simple and accessible for all voters:

Find Early Voting Locations
2016 General Election Voter Info

Visit our Voting Page for more resources!

Quick Tips!

  • It is a good idea to bring identification with you.
  • You may ask for assistance. Ask any election judge or bring someone you trust to help you.
  • You have the right to cast a ballot as long as you are in line when the polls close.
  • We need nondisabled voters to use also the ballot-marking machines to avoid a segregated ballot!
    Please request to do so when you check in, and report any access barriers to DRM’s Voting Hotline:
    Call: 443-692-2492
    Email: Voting@DisabilityRightsMD.org
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DRM & Venable Reach Proposed Agreement with DHMH

Two years ago, the Maryland Department of Health and Mental Hygiene (DHMH) was sued by Jane Doe, an individual who, while in the custody and care of two separate DHMH facilities, was sexually assaulted twice, by two different patients, resulting in severe trauma and emotional injuries.

Today, October 11, 2016, Disability Rights Maryland and Venable, LLP submitted a proposed settlement with DHMH for approval by the federal court. The proposed agreement alters responses to sexual abuse allegations in DHMH facilities by establishing new sexual assault prevention, reduction, reporting, and treatment protocols, including use of protection plans and external law enforcement investigations. In addition to the State awarding Ms. Doe the maximum damages allowed, DHMH has agreed to significant service commitments that will be available to Ms. Doe.

Disability Rights Maryland is providing the proposed Settlement Agreement and Complaint information for this case.

Media Coverage – The Baltimore Sun

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DRM on WYPR Midday

DRM Attorney, Nicole Joseph appeared on Midday by WYPR to discuss Suspensions, Discipline and the School to Prison Pipeline.

Access the podcast of the 9/15/16 Interview

 

 

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Comment on SGP (for Intellectual & Developmental Disabilities)

Comment sought on the DRM 2016-17 Statement of Goals & Priorities (for I/DD) until November 1, 2016.

§1326.22   Periodic reports: State Protection and Advocacy System.

(a) By January 1 of each year, each State Protection and Advocacy System shall submit to AIDD, an Annual Program Performance Report. In order to be accepted, the Report must meet the requirements of section 144(e) of the Act (42 U.S.C. 15044), the applicable regulation and include information on the System’s program necessary for the Secretary, or his or her designee, to comply with section 105(1), (2), and (3) of the Act (42 U.S.C. 15005). The Report shall describe the activities, accomplishments, and expenditures of the system during the preceding fiscal year. Reports shall include a description of the system’s goals and the extent to which the goals were achieved, barriers to their achievement; the process used to obtain public input, the nature of such input, and how such input was used; the extent to which unserved or underserved individuals or groups, particularly from ethnic or racial groups or geographic regions (e.g., rural or urban areas) were the target of assistance or service; and other such information on the Protection and Advocacy System’s activities requested by AIDD.

(b) Financial status reports (standard form 425) must be submitted by the agency administering and operating the State Protection and Advocacy System semiannually.

(c) By January 1 of each year, the State Protection and Advocacy System shall submit to AIDD, an Annual Statement of Goals and Priorities, (SGP), for the coming fiscal year as required under section 143(a)(2)(C) of the Act (42 U.S.C. 15043). In order to be accepted by AIDD, an SGP must meet the requirements of section 143 of the Act.

(1) The SGP is a description and explanation of the system’s goals and priorities for its activities, selection criteria for its individual advocacy and training activities, and the outcomes it strives to accomplish. The SGP is developed through data driven strategic planning. If changes are made to the goals or the indicators of progress established for a year, the SGP must be amended to reflect those changes. The SGP must include a description of how the Protection and Advocacy System operates, and where applicable, how it coordinates the State Protection and Advocacy program for individuals with developmental disabilities with other Protection and Advocacy programs administered by the State Protection and Advocacy System. This description must include the System’s processes for intake, internal and external referrals, and streamlining of advocacy services. If the System will be requesting or requiring fees or donations from clients as part of the intake process, the SGP must state that the system will be doing so. The description also must address collaboration, the reduction of duplication and overlap of services, the sharing of information on service needs, and the development of statements of goals and priorities for the various advocacy programs.

(2) Priorities as established through the SGP serve as the basis for the Protection and Advocacy System to determine which cases are selected in a given fiscal year. Protection and Advocacy Systems have the authority to turn down a request for assistance when it is outside the scope of the SGP, but they must inform individuals when this is the basis for turning them down.

(d) Each fiscal year, the Protection and Advocacy System shall:

(1) Obtain formal public input on its Statement of Goals and Priorities;

(2) At a minimum, provide for a broad distribution of the proposed Statement of Goals and Priorities for the next fiscal year in a manner accessible to individuals with developmental disabilities and their representatives, allowing at least 45 days from the date of distribution for comment;

(3) Provide to the State Councils on Developmental Disabilities and the University Centers for Excellence in Developmental Disabilities Education, Research and Service a copy of the proposed Statement of Goals and Priorities for comment concurrently with the public notice;

(4) Incorporate or address any comments received through public input and any input received from the State Councils on Developmental Disabilities and the University Centers for Excellence in Developmental Disabilities Education, Research and Service in the final Statement submitted; and

(5) Address how the Protection and Advocacy System, State Councils on Developmental Disabilities, and University Centers for Excellence in Developmental Disabilities Education Research and Service will collaborate with each other and with other public and private entities.

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