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2024 Legislative Session Highlights

Graphic says 23 oral testimonies, 33 letter sign ons, 71 written testimonies, 91 total bills advocated for or against

The legislative session was full of successes and challenges. DRM worked with partner organizations, individual allies and legislators to advocate for bills that advance disability rights and against bills that exclude people with disabilities in Maryland. This year, DRM took a position on a total of 91 bills. We submitted 71 written testimonies, orally testified on the impact of 23 bills and joined other organizations in signing 33 letters of support or opposition. Below are the highlights from this year’s session.  

MOBILITYLINK PARATRANSIT SERVICE IMPROVEMENTS STUDY (SB0891/HB1199)

This study establishes an objective review of the Maryland Transportation Administration’s MobilityLink. The Maryland Transportation Institute (MTI), an independent third party, will conduct the study to determine the best methods to deliver MobilityLink service.  MTI will look holistically at MobilityLink—including its service delivery model, customer service, reliability, performance, and workforce—and compare it with other paratransit providers nationwide. MTI will provide policymakers with concrete recommendations to improve service for Marylanders with disabilities. “MobilityLink riders rely on the service to access their community and unfortunately often experience poor service – like late pick-ups and drop-offs, long trips, and lengthy hold times for customer service calls. DRM is hopeful that MTI’s tangible recommendations will propel Maryland to enact sweeping paratransit reform to give Marylanders with disabilities the safe and reliable public transportation they deserve.” says DRM attorney, Daria Pugh.

NEW UNIT TO PROTECT PEOPLE IN STATE CORRECTIONAL FACILITIES (SB0134/HB0297)

“DRM’s investigations and monitoring of Maryland prisons over a number of years has demonstrated that people with disabilities are often subject to dangerous, violent, and unhealthy conditions.  The General Assembly’s creation of an independent, impartial correctional ombudsman for Maryland is a hopeful step forward .” says DRM’s Litigation Counsel, Luciene Parsley.  After 2 years of advocacy, Maryland will establish the Correctional Ombudsman Unit to investigate complaints and issue findings and recommendations. Increased oversight, transparency and accountability is important to address systemic issues and rights violations in Maryland’s correctional facilities. Additionally, the new unit provides a way to address rights violations that fall within the gaps of current complaint issue areas, like complaints against contractors who provide medical and mental health services for the Department of Public Safety and Correctional Services (DPSCS). The unit will report annually to the General Assembly, including information about systemic issues, rights violations and how DPSCS responds to the Ombudsman’s recommendations.

FUND FOR FAMILIES TO ACCESS SPECIAL EDUCATION ATTORNEYS, ADVOCATES AND CONSULTANTS (SB0797/HB0903)

This bill establishes a program to help families with limited financial resources access lawyers, advocates and education consultants for a variety of special education matters. Currently, DRM maintains a pro bono referral program for families with very limited means, but this will enable a broader range of families to access attorneys and, for the first time, to obtain services from advocates or consultants at no cost to them. The attorneys, advocates and consultants will be paid through the program, which will be administered by the Maryland Volunteer Lawyers Service (MVLS). DRM attorney Leslie Seid Margolis and the Education Advocacy Coalition crafted the bill that will soon help thousands of Maryland students. “I look at all the education intakes that come in and it’s hard to put into words what it feels like to turn families away, knowing how limited their options have been; this program will be so helpful in expanding the resources available to families.” This is important because families who have advocacy assistance are better equipped to secure appropriate services for their children and resolve education issues. The passing of this legislation brings us closer to ensuring all students have what they need to be successful in school.

Last year, Maryland passed a law that lets families get money back for expert costs in addition to attorneys’ fees if they win a case against a school system. This new program is different because it enables families to access legal support at all stages of the special education process, not just when they are facing a due process hearing; the program emphasizes assistance for families for Individualized Education Program (IEP) meetings and informal dispute resolution.

SELF-DIRECTED MENTAL HEALTH SERVICES PILOT PROGRAM (SB0988)

DRM introduced a bill that would create a self-directed mental health care pilot program for people with disabilities. Bills such as this one often take several years to pass, and DRM will continue to advocate for this program next year. Studies show that when people can manage their own care, they do better in their communities and are less likely to live in institutions. Most importantly, many people with disabilities prefer this kind of care. Right now, some people with serious needs must settle for inadequate help, join programs that might not fit them well, or go without help entirely. This new program would allow people to make a plan that fits their needs instead of making their needs fit into the current service system. Self-directed mental health care is already working in 6 states and is a good step toward fair treatment for mental health issues.

ASSISTED OUTPATIENT TREATMENT (SB0453/HB0576)

DRM opposed the expansion of involuntary civil commitment laws, including the creation of an Involuntary Outpatient Civil Commitment program, termed “Assisted Outpatient Treatment” (AOT). AOT had strong support from the current administration and passed in both the House and Senate. Testimony in favor of AOT revealed many fears and stereotypes about people with mental health disabilities’ capacity to make decisions about their minds and bodies. DRM believes people with mental health disabilities should be provided with any accommodations and supports necessary to make and communicate health care decisions, and that individuals have the right to receive care in the most integrated setting available. AOT meets none of these criteria. DRM is concerned that AOT risks jeopardizing efforts to create an innovative, behavioral health system in Maryland – one that is truly focused on supporting the voices and choices of people with mental health disabilities to receive the support they need to be included in our communities.

 

Thank you!

DRM would like to thank our donors whose support enabled us to advocate for people with disabilities throughout the 2024 legislative session.

If you are passionate about creating a more equitable Maryland and able to give, please consider making a generous contribution to support our work. We rely exclusively on gifts from individuals and general operating grants to support this work.

SUPPORT DRM TODAY!

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Why Legislative Advocacy is Important

Banner reads: Chrys is one of the first people benefitting from the Trans Health Equity Act. There is a photo of Chrys who is a young person with short purple/ blue hair and a black and white button down collared shirt.

The laws and policies enacted each year during the Maryland legislative session heavily impact our daily lives. Last year, DRM and Chrys, as members of the Trans Rights Advocacy Coalition, successfully advocated for the passing of the Trans Health Equity Act, a law requiring Medicaid to cover gender affirming care.

Chrys is one of the first people benefitting from the new law. We sat down with Chrys to hear what motivated them to advocate for the bill and how their life has changed since it passed. Here is their story.

Chrys is a college student with a passion for the humanities. They’ve always been deeply interested in understanding why people think and act the way they do. A non-binary, gender-fluid person, Chrys is heavily involved in legislative advocacy around trans rights and community building, such as hosting picnics for trans people in the Baltimore area.

Before sharing with their older brother, “I think I might be trans”, Chrys was closeted and people assumed they were a man. In their mid-twenties they found themself increasingly questioning their gender. Chrys thought, “Maybe it’s not normal that I hate all of these things about myself that define what a man is supposed to be.”

Days when their ADHD doesn’t allow them to shave, they are misgendered and often met with discrimination and harassment. “There’s a big disconnect between who I see in the mirror and who I want to be. It’s very jarring especially because I still need to shave every day.” Experiencing gender dysphoria is a barrier to enjoying life to the fullest and connecting with those around us. This is one reason why many transgender people need gender affirming healthcare.

To align their physical appearance with their true identity, Chrys needed gender affirming care, but it was not all covered through their Medicaid insurance at the time. They used loans and savings to pay roughly $3,000 for partial treatment.

Without gender affirming care, trans people are at a higher risk for anxiety, depression, suicide and violence. In a national survey on LGBTQ youth mental health, 54 percent of young people who identified as transgender or nonbinary reported having seriously considered suicide in the last year, and 29 percent had tried to end their lives (Gender Affirming Care, 2020). Many studies have shown that gender affirming care reduces these risks (Mental Health Outcomes, 2022).

To fight for equitable access to gender affirming care, Chrys joined the Trans Rights Advocacy Coalition, a group of advocates including DRM attorney, Sam Williamson. Chrys, alongside other members of the coalition, created one of the most comprehensive reviews of Medicaid policies on trans services across the United States. This research formed the backbone of the campaign for the Trans Health Equity Act.  From coalition meetings, press conferences, testimonies, bill drafting, lobbying, and more, the Trans Rights Advocacy Coalition led the campaign for the passage of the Trans Health Equity Act in 2023. In January 2024, Governor Moore signed it into Maryland law.

Chrys is one of the first people benefiting from the Trans Health Equity Act. They will get facial feminization surgery and more hair removal newly covered by their Medicaid insurance. Chrys is relieved they won’t have to take out more loans. They are hopeful that after the procedures people won’t call them a man, discriminate against them, nor harass them for wearing a dress while having chin stubble. They look forward to waking up and smiling in the mirror and eagerly taking photos with friends.

Chrys’ story highlights why legislative advocacy is important in creating a more equitable Maryland for all.

DRM can only continue this work with your support. Give today!

 

 

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Should kids be punished for having a disability? No.

Middle school kid smiling and wearing a bookbag

Meet Ross, a creative kid from Baltimore who loves playing basketball. Because Ross has attention deficit hyperactivity disorder (ADHD), his school provides an Individualized Education Program (IEP).

What’s an IEP? It’s a tailored plan for students with disabilities, created collaboratively with the school, parents, and the student.

Throughout elementary school, Ross’s IEP was a roadmap that outlined all the specific supports and accommodations he needed to thrive academically and socially.

Now in middle school, Ross feels a mix of emotions – excited about playing on the basketball team, nervous about fitting in with his new friends, and overwhelmed by the harder assignments.

As he takes on new challenges, he starts experiencing anxiety for the first time.

His academic and social life suffer. His teachers start to complain that he is being “disrespectful” and “acting out” in his classes, and at the end of his first middle school semester, he’s missed a total of 10 days because of suspensions.

Then, Ross receives a 9-day suspension for “disrupting” his class. Ross’s mom suspects his behaviors are related to his disabilities. She reaches out to Disability Rights Maryland to help advocate for her son’s right to a free and appropriate education.

 

After 10 days of suspension, it’s illegal for schools to suspend students if their behavior is related to their disability.

Once a school has suspended a student with disabilities for over 10 days, their school is required to have a meeting to determine if the behavior was a result of their disability.

In Ross’s case, the school had not identified his anxiety and need for behavioral support during his annual IEP meeting. This meant Ross had no tools to manage his anxiety.

A DRM attorney teams up with Ross and his mom to represent Ross at the meeting to determine whether the “disruption” he was suspended for was a result of his disability. The team concludes his behaviors were a result of his anxiety. Ross was entitled to return to school immediately, and did not have to finish out the 9-day suspension.

As a result of DRM’s representation, the school agrees to:

  • Provide tutoring hours to make up for the instruction Ross missed while suspended
  • Update his IEP to provide additional supports he needs for his ADHD and anxiety
  • Conduct a “functional behavior assessment” so that Ross’s team can implement a behavior intervention plan to better support him.

In every case, DRM aims to create an impact that benefits more than just one student.

As a result of Ross’s case, the school:

  • Implements a more collaborative and inclusive approach to creating and updating student’s IEPs
  • Provides additional guidance and training to staff on identifying the changing needs of students with disabilities.

Today, Ross is a starter on his middle school basketball team. He is gaining confidence in the classroom and developing a positive attitude towards learning.

If you want your impact to stretch beyond one student, one family, then contribute to DRM where we focus on changing systems so all children can learn and succeed. Give Today

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PABSS Program Anniversary

Stock Photos (9)

Celebrating PABSS Programming 

The PABSS (Protection & Advocacy for Beneficiaries of Social Security) program was established in 1999 to help people with disabilities gain or maintain employment.

What is PABSS?

The Social Security Administration grants funding to the designated Protection and Advocacy agencies (P&As), like DRM to implement the program. DRM’s PABSS program is key in removing barriers to employment for Marylanders with disabilities who want to work.

How does PABSS impact the community?

PABSS helps people with disabilities remove barriers to employment. This can include legal problems in the way of getting hired, getting to work, or addressing discrimination. dis

Example of how DRM helps clients through the PABSS program:

Through the Charting the Life Course Workshops, DRM brings student beneficiaries of Social Security age 14-21 and their parents together to develop their vision for a good life. Students are guided through what they need to know and do to prepare for future employment. We help them identify how to find or develop supports and discover what it takes to live the lives they want to live.

Thanks to the PABSS program’s establishment 24 years ago, DRM, along with the 56 other P&As around the country, have supported people with disabilities who want to get a job or maintain their current employment. That’s worth celebrating!

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Celebrating 48 Years of Individuals with Disabilities Education Act

Student in wheelchair smiling

IDEA aims to ensure students with disabilities have the same educational opportunities as students without disabilities.

What is the IDEA?

Previously known as the Education for All Handicapped Children Act (EHA), the Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities a free, appropriate public education.

Some of the main pillars of the IDEA are:

  • Individualized Education Program (IEP)
  • Least Restrictive Environment (LRE)
  • Free Appropriate Public Education (FAPE)
  • Appropriate evaluation
  • Parent and teacher participation
  • Procedural safeguards

How does IDEA impact the community?

At the time the IDEA was first enacted in 1975 as the EHA, more than 1 million children with disabilities had no access to the public school system and another 3.5 million were forced to attend segregated, ineffective schools. Today, thanks to the IDEA, children with disabilities have the right to attend school, to receive specialized instruction and individualized services and supports, and to be educated with their nondisabled peers as much as possible.

DRM’s Education Team works hard to ensure that students throughout Maryland can benefit from the rights given to them by the IDEA.  For example, DRM:

  • Represents students in the IEP process when fundamental educational rights are at stake
  • Advocates against the use of restraint and seclusion
  • Advocates for students with disabilities to be educated with their nondisabled peers in general education settings as much as possible
  • Advocates for students with disabilities to have access to the general curriculum and to the opportunity to earn a high school diploma
  • Represents students in disciplinary matters and advocates for an end to the school to prison pipeline
  • Investigates abuse and neglect within the school setting to ensure that students with disabilities are safe and free from harm
  • Represents students and advocates to ensure that students aging out of the school system make a smooth transition to college, career or community

 

Happy Birthday IDEA! DRM looks forward to continuing its advocacy work on behalf of Maryland’s 110,000+ students with disabilities.

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