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Celebrating PADD Programming

Four girls posing after doing yoga

We are excited to celebrate the anniversary of the Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program. 

What is the PADD Program? 

Congress established the PADD program in 1975 as the first Protection and Advocacy (P&A) program to protect the human and civil rights of people with developmental disabilities. The PADD program was a part of Developmental Disabilities Assistance and Bill of Rights Act of 1975 in response to the horrific conditions that were exposed at Willowbrook State School. An investigation of Willowbrook, a New York state institution for people with intellectual disabilities, revealed widespread abuse and neglect and sparked a national movement to protect the rights of people with disabilities. 

How does PADD Impact the Community? 

The PADD program is designed to provide a safety net for people with developmental disabilities and to ensure they have access to the services and supports they need. This includes investigating allegations of abuse and neglect, advocating for the rights of people with developmental disabilities in legal and administrative proceedings, providing information and referral services, and educating the public about the rights of people with developmental disabilities. 

For example, DRM’s PADD program has helped draft and advocate for the End the Wait Act, which passed in 2022. Several of Maryland Medicaid’s home and community-based services programs have extensive waitlists, with some applicants waiting up to 10 years to access services. In 2021 there were 3,694 people on the waiting list for Developmental Disabilities Administration (DDA) services, 6,221 children with autism on the Autism Waiver Registry, and over 20,000 people on the Home and Community-Based Options Waiver waitlist (despite there being approximately 1,100 unused slots). The End the Wait Act requires the state to develop a plan to cut the Medicaid waitlists in half by fiscal year 2024. 

Additionally, DRM has assisted people with developmental disabilities by helping to shut down an unsafe public residential institution, abolishing the payment of subminimum wage to individuals with disabilities working in the state of Maryland, ensuring that people with intellectual and developmental disabilities have access to vaccines, and spearheading the passage of a Supported-Decision Making bill. 

Together with our partners – the Maryland Developmental Disabilities Council and the Maryland Center for Developmental Disabilities – DRM continues to work every day to create a more independent, inclusive and just society for people with developmental disabilities. 

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DRM Celebrates the 31st Anniversary of the ADA

DRM Celebrates the 31st Anniversary of the ADA

Red and blue text on a white background that reads "ADA 31, Americans with Disabilities Act. Celebrate the ADA! July 26, 2021." The years 1990-2021 are in a circle of red stars.

On the 31st anniversary of the Americans with Disabilities Act (ADA), Disability Rights Maryland (DRM) salutes its community, partners, and friends who were instrumental in forging and implementing this landmark legislation for people with disabilities. DRM is singularly proud of its accomplishments over the past year to actualize the principles of the ADA in Maryland, which include:

  • Prevented proposed budget cuts that would have eliminated 25% of existing bus routes, jeopardizing paratransit services to critical destinations including dialysis centers, mental health programs, occupational and physical therapy providers for over 30,000 paratransit riders, in collaboration with Consumers for Accessible Ride Services (CARS) and other advocates.
  • Achieved changes in subsidized housing operations of a large public housing agency to fund the creation of accessible, affordable rental housing.
  • Brought legal action against a major municipal jurisdiction in Maryland to obtain compliance for substantial ADA violations in maintaining curb ramps and sidewalks, with co-counsel, the Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA) and Goldstein, Borgen, Dardarian & Ho (GBDH).
  • Filed complaint with the Maryland Department of Education (MSDE), which found the rights of students had been violated by a Maryland school district, and ordered individual, school-wide, and system-wide relief to remedy violations, in partnership with the Public Justice Center (PJC) and the Office of the Public Defender (OPD).
  • Hosted 23 Facebook Live events for parents of students with disabilities about their special education rights and protections during virtual learning due to the COVID pandemic.
  • Led a cross-disability network of advocates whose efforts resulted in the state of Maryland prioritizing people with intellectual and developmental disabilities (I/DD) and direct support professionals in the first phases of COVID vaccination distribution.
  • Advocated successfully for the Maryland Departments of Health (MDH) and Department of Disabilities (MDOD) to issue new guidance stating patients with disabilities needing in-person support, including those being treated for COVID, have the right to access support persons, and that support persons “are permitted to access restrooms, food, and drink while in the health care facility,” as part of a coalition of disability organizations.
  • Compelled psychiatric hospitals to develop technology enabling DRM to provide “Know Your Rights” presentations remotely during the COVID pandemic.
  • Investigated a large county’s public housing policies that only permitted individuals needing overnight care to have live-in aides, finding this policy conflicted with federal fair housing laws and other civil rights statutes for people with disabilities. As result, the county agreed to eliminate this overly-restrictive requirement.

Together, in partnership with you, DRM is committed to creating a world in which people with disabilities are fully included in the workplace, neighborhoods and all aspects of community life.

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Ivis

When Ivis was discharged from a nursing home, she soon realized family members would not be able to provide support for her basic needs such as bathing and getting dressed. Ivis came to DRM seeking assistance in obtaining in-home services. Within three months of DRM’s intervention, she was able to receive services through Medicaid’s waiver program. Ivis says “If I wasn’t on waiver program, I’d probably still be in a nursing home.”

DRM’s advocacy inspired Ivis to join DRM’s group of self-advocates, the Sunshine Folk; individuals all with lived experience in a nursing home who now live in the community, and educate current nursing home residents on their Medicaid waiver options. The Sunshine Folk follow each individual through the entire discharge process into the community. Ivis expresses her deep fulfillment in this work stating “when you see someone walkthrough their process and they end up back in the community…hands down, there’s nothing like it. It’s awesome!”

Watch Ivis’ story on Youtube:

 

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Darius

Darius was facing expulsion from his high school for a minor behavioral incident and was transferred to eLearning, where he received all of his instruction at home, in isolation, through a computer. DRM requested and represented Darius in a meeting at his school where for the first time, he was recognized as having a disability. Because of DRM’s representation, Darius was re-admitted and qualified to receive an Individualized Education Plan (IEP), which greatly improved his academic performance. Darius graduated last year and has applied to several colleges. Darius stated: “A lot of people don’t want to accept the fact that they have a disability or obstacle, but once you realize and accept that you do, you can get help and get over the obstacle.”

Watch Darius’ story on YouTube:

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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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