Let the Music Play

Imagine sitting in a football game, not being able to tell what penalty had just occurred or understand an emergency announcement over the loudspeaker.  This is exactly what hearing-impaired Redskins season ticket holders endured before a recent court decision. In a March 2011 Fourth Circuit Court of Appeals per curiam opinion entitled Feldman v. Pro Football Players and  WFI Stadium the court held that providing auxiliary aids to the hearing-impaired fans as proposed by the Redskins was not enough to provide them equal access to the game.  The court ruled that deaf individuals have the right to engage in the fan experience just as much as individuals who are not hearing impaired.  Simply put, because WFI Stadium is a place of public accommodation, i.e. a public place providing a good and or service, they are required to follow rules set forth under the ADA allowing everyone equal access to their goods and services, in this case, full enjoyment of the football game. The Court of Appeals stated in their opinion that they agree with the District Court’s decision that the music played over the public address system during Redskins home games is part of the football game experience that Pro Football Players and WFI Stadium provide as a good or service, and that the ADA requires full and equal access to the music lyrics. 

In affirming the lower court's ruling, the Appeals Court acknowledged that the Redskins had worked with the plaintiff season-ticket holders since 2007 to come up with a fair compromise.  These compromises included providing handheld devices to be distributed to each fan who requested such a device.  In analyzing whether the devices were an appropriate accommodation the court was persuaded by the fact that the hearing-impaired individual would have to look down at the device in order to read the words on the screen and then look back up and thus miss the action of the game.  The Redskins had originally proposed this idea because they felt that captioning on the main screen as proposed by the plaintiffs would take away from the video board.  The court held that providing such captioning was not an undue burden for the defendants. Judge Beaty dissented in part arguing that the ruling is too broad and could affect other sports facilities negatively.

New Law Mandates Increased Access to Services for those with Autism

Massachusetts became the 23^rd state to pass legislation expanding health insurance coverage to children and adults with an Autism Spectrum Disorder (ASD). The law which was approved by the Governor on August 3, 2010, went into effect on January 1, 2011. With students returning to schools across the Commonwealth, it is important to explain what is and is not covered by the new law, and what schools’ obligations continue to be under the Individuals with Disabilities Education Act (IDEA).

ARICA (An Act Relative to Insurance Coverage for Autism) mandates specific private health insurance providers to cover an expanded range of services for those on the Autism Spectrum. In particular, the law requires these insurance companies to cover “medically necessary” care including: habilitative or rehabilitative care, pharmacy care, psychiatric care, psychological care and therapeutic care.  

ARICA is only applicable in Massachusetts, so it only affects Massachusetts residents who have ASD and are enrolled in private health insurance plans. It applies to most private health insurance policies but does not apply to policyholders with MassHealth /CommonHealth. You should check with your individual insurance provider to verify the effect of the new law on coverage.

While this law is a huge victory for families who have loved ones with Autism, it does not diminish a school’s need to provide a free and appropriate public education. For example if a student now receives occupational therapy outside of school due to the reduced cost, but the IEP states that the student should receive occupational therapy during the school day to meet the student’s needs, the school cannot eliminate the therapy during school hours just because the student is now receiving therapy outside of school. The school must take into account what the student’s needs are in order to succeed in school and receive a free appropriate public education. The new law does not mandate reimbursement to schools and school districts for providing these services.

Hopefully the new law will lead to students receiving increased services outside of school allowing them to be more successful as they progress through their educations.

Upcoming Conference on Universal Design

Check back for a recap of the Conference!

Written by guest columnist Libby Wilcosky

As an adult with no disabilities to speak of, I have gone through life turning on light switches, crossing the street and opening doors with little thought or consideration for how these simple everyday tasks could present a great challenge to someone with a disability.  In April of this year I began working for Brian and my entire outlook changed. Brian is visually impaired and uses a wheelchair. On one of our first trips outside of the office Brian pointed out a 2’ by 1’ black rectangle on the sidewalk that I had never noticed before. He explained that this rectangle is placed in the sidewalk where it slopes down into the curb cut so people in wheelchairs can safely cross the street and not fall off the curb. As someone who is visually impaired, this simple solution makes it much easier and safer for him to cross the street.

With our current society there are all kinds of these hurdles for a large portion of our population but also the opportunity to create innovative solutions to some of these challenges. On September 23^rd, 2011, pioneering minds from all over the state will come together to showcase new designs for both universal and assistive designs. The concept behind a universal design is “a framework for the design of places, things, information, communication and policy that focuses on the user, on the widest range of people operating in the widest range of situations without special or separate design… or human-centered design of everything with everyone in mind.” Assistive technology on the other hand are products that “can enable people with disabilities to accomplish daily living tasks, assist them in communication, education, work or recreation activities, in essence, help them achieve greater independence and enhance their quality of life.”

The Convention is titled “Products and Technologies that Change People’s Lives” and will feature cutting edge ideas that will help improve peoples’ abilities to live, learn, work and play, regardless of ability or age.  Products and ideas will focus on four main areas: Home, Work, Lifelong Learning & Recreation, Fitness & Sport. There is also a design competition open to Massachusetts residents who are current students and young professionals who have great ideas for new technologies. 

Written Testimony to Support the Act to Promote the Successful Transition of Students with Disabilities to Post-Secondary Education, Employment, and Independent Living

I, Brian McLaughlin, Esquire, am writing to support H159, An Act to Promote the Successful Transition of Students with Disabilities to Post-Secondary Education, Employment, and Independent Living. This bill is sponsored by Representative Sannicandro and Senator Tolman. This legislation is critically important because it will provide a necessary advocate for young adults with disabilities as they engage in the transition process. A successful transition will allow those with disabilities to live more meaningful and productive lives and  to break through the economic ceiling as this critical population has been historically unemployed and underemployed, as evidenced by the most recent data of the ABA Disability Statistics Report of 2011. Increased independence and employment leads to a better sense of self. A transition coordinator as proposed by this bill would allow for such socio-economic success.

My story is similar to many others. I grew up with Cerebral Palsy and an accompanying visual impairment. I attended the local public school and had an IEP. I excelled academically and, from a purely academic standpoint, my school prepared me well for college. However, where my school failed was in preparing me with the life skills and social skills necessary for the transition to college and beyond. Specifically, I would have benefited from a transition coordinator teaching me about accessible public transportation, getting around campus, helping with college visits, working with facilities people, as well as connecting with ADA professionals and programs. 

I was fortunate enough to have a supportive family and was a strong self-advocate, meeting with every ADA coordinator myself, and pressing each one of the university coordinators on their accommodation procedures. Transition not only encompasses reasonable accommodations in a new classroom, but also meant that I would have to navigate around campus safely while being visually impaired. A transition coordinator could have been a great resource in knowing what questions to ask each university and providing me with resources such as the phone number of an accessible taxi service.

I view transition as a process from the time that a student is 14 all the way through matriculation. I use the word “process” because it does not happen overnight. I struggled often throughout my transition years, being unable to independently use the restroom and attend class. When I finally received my wheelchair that allowed me to use the restroom independently, fasten my clothes shut myself and  be able to attend class independently, I felt a huge sense of accomplishment. Had I not been such a strong self advocate with a supportive family and friends, there is absolutely no way that I would have achieved this independence, gone on to college and achieved success. I view the transition coordinator as a mentor/ liaison between the student’s selected university or program and the family, providing information about resources and guidance during his or her transition period.

A transition coordinator would be just as equally beneficial to an individual with a cognitive disability, providing both the parent and the student information on work opportunities, independent living and potential social activities. This critical population is entitled to everything that society has to offer whether it be socially, economically, or to live independently.

I realize in these difficult economic times to fund a disability coordinator for each and every school across the state may seem like an impossible task. However, examined in a strict cost/ benefit analysis, the benefits far outweigh the costs to employ a transition coordinator as those with disabilities will become a more integral part of society as a direct result of better transition planning.

                                                Sincerely yours,

                                                Brian McLaughlin, Esq.

Run to Home Base

On Sunday May 22 I had a chance to compete in my very first road race. Using my bike that I pedal with my arms, I raced the 5.6 miles in a little over an hour finishing over home plate at Fenway Park. The Run to Home Base is an annual event that seeks to raise money for veterans suffering from traumatic brain injuries or combat stress disorders. These invisible wounds are just as detrimental to veterans, but often times are stigmatized or receive less attention than physical wounds. The Home Base Program also provides support and treatment to families of veterans who are coping with how to best care for an injured loved on. This year the race attracted over 2,000 runners and raised $2.6 million for veterans and their loved ones in the New England area. It was very gratifying to make my road race debut supporting such a worthwhile cause!

Brian crossing the finish line in Fenway Park. Courtesy of the Boston Globe.

Read the full article here 

New Anti-Bullying Statute in Massachusetts

The recent news about sentencing in the tragic case of Phoebe Prince throws the problem of bullying in our nation’s schools back in to the spotlight. Prince was 15 years old when she committed suicide in January of 2010 in South Hadley, MA following relentless bullying by her peers. Her death has elevated awareness of bullying and has spurred legislative changes around the country.

Massachusetts passed a new anti-bullying statute in May 2010 in direct response to the incident. St.2010, c.92 titled Bullying in Schools contains several important provisions designed to protect students from bullying and harassment. The law specifically addresses cyber-bullying a new type of bullying in today’s digital world. With Facebook, cell phones and other forms of electronic communication children who were once solely bullied while at school are now subject to a relentless wave of harassment following them when they leave school at the end of the day. The law also requires schools to create a plan to implement programs both to prevent bullying and provide successful intervention in consultation should incidents of bullying come to light.

Bullying is of particular concern to children with disabilities since they are already in a vulnerable state. According to a recent survey by the Massachusetts Advocates for Children, 90% of parents with autistic children reported that their child had been the target of bullying. In response to this concern, the Department of Special Education has issued a Technical Advisory with guidelines and resources concerning bullying and special needs children. The Advisory places particular emphasis on addressing bullying prevention in your child’s IEP and ensuring that your child has a safe person to go to if they are being bullied. The IEP should have a section for educational professionals to comment on whether your child seems withdrawn or is not socializing appropriately because of bullying. This portion of the IEP should also provide tools for the child to use themselves when confronted with bullying.

Read the full Massachsetts Statute here

Read the Technical Advisory from the Department of Special Education here

Welcome!

This blog intends to provide parents with resources for their special needs child; information equals power.  This blog will provide you with such power from both a professional and personal perspective.  I myself am in a wheelchair.  Being diagnosed with cerebral palsy from birth, as well as being a lawyer, I understand the struggle for access to education from a uniquely personal and professional standpoint.  I understand what it means not to be included in school activities.  I understand what it means to engage in transition planning.  I understand the challenges of what is and what is not a reasonable accommodation.  From my personal and professional experience I can provide real-world solutions to very difficult problems.

I grew up in Easton, Massachusetts and attended Oliver Ames High School as a mainstream student with an academic aide in the classroom. Following high school, I then went on to Boston College and Boston College Law School.  While at Boston College.  I also participated in extracurricular activities including being a member of the varsity swim team and developing a campus access plan.  Additionally, during one of my summers as an undergrad, I worked in the Massachusetts Office on Disabilities. After attending Boston College Law School I worked for the Federal Bureau of Investigation (FBI) for two years.  Now I am a solo practitioner seeking to provide families who are confronted with the challenges of having children with special needs information and resources so that they may navigate through the school system and obtain the free and appropriate public education to which they are entitled, regardless of any disability.  I've recently been placed on the Board of Special Education appeals referral list and am the first individual to be placed on this list.  This means that I can represent families in front of the Board to advocate for your child’s rights in the school setting to the best of my abilities. I look forward to serving those in need using my personal and professional experiences to be an effective advocate.

Charitable service is at the core of my life.  I'm involved with Easter Seals, whose mission is to allow children and adults with disabilities to “live, learn, work and play".  As part of Easter Seals I participate in the adaptive technology loan committee providing low-cost loans to individuals who may need assistive technology. Assistive technologies are the means by which someone with a disability would be able to operate a computer, be able to drive a van or turn on a light switch if they were unable to do so.  I'm writing this blog with Dragon Naturally Speaking software, one of these adaptive technologies.  I also use a screen reader as I am visually impaired.  I only share these pieces of information to let you know that I understand your child's struggles.  Blog posts in the future will discuss various educational topics including: the new bullying statute in Massachusetts, information about what constitutes a disability, and what exactly is a free and appropriate education.  I look forward to being an informational resource to parents in need; please visit http://www.bmjrlaw.com/ for more information about me and my services. I offer solutions to parents by visiting with them in a one on one setting to help them overcome challenges they may be facing.