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Laws and regulations provide guidance and clarification about what must be provided and what is not acceptable when providing supports to individuals with disabilities. It is important to understand that compliance with regulations does not ensure best practices; it only ensures a minimum quality to the services . When a family is striving for their child to be included in their neighborhood school, or when an individual with a disability would like to move into an apartment or get a job, a combination of knowledge surrounding the legal requirements and a carefully crafted individualized support plan is essential. When a person is facing barriers to implementing their individualized plan, legal information can also be helpful to institute systems change.
Some of the most important pieces of legislation for people with disabilities in the past decade have been:
Public Law 94-142 (1975): Education of all Handicapped Children's Act (EHA)
This law mandates that states provide a free appropriate and public education to all children and youths with developmental disabilities.
Public Law 99-457 (1986): An amendment to the 1975 EHA legislation requiring states to provide a free, appropriate education in the least restrictive environment to all eligible children three to five years old.
Part C of this law addresses the need for, and gives incentives to states to provide multidisciplinary family-centered programs for infants and toddlers from birth to three with disabilities.
The Americans with Disabilities Act of 1990
The ADA was the first comprehensive civil rights law for people with disabilities in the United States. It's goal is to eliminate discrimination by ensuring equal opportunity to places of public accommodation, heath care, public and private transportation, employment, state and local government programs and services, and telecommunications.
Public Law 102-119 (1991): Individuals with Disabilities Education Act (IDEA)
This amendment reauthorizes Part H and further supports greater outreach and coordination among community service organizations and practitioners. IDEA was reauthorized again in 1997. The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs, and prepare them for employment and independent living. For more information visit Education section of this website, the Department of Education IDEA website, or one of the websites listed under National resources below.
In June of 1999, the U.S. Supreme Court ruled in a case known as Olmstead vs. L.C. & E.W, that people have the right to live in the community rather than be "unnecessarily" segregated in nursing homes or institutions. A few months later, the federal government ordered state Medicaid directors to implement the "Olmstead decision" and come up with a plan to begin moving money to community-based services. This decision is envisioned to have a significant effect on the provision of community-based services.
Some of the Maryland Legislation that passed in this past year which will have a significant impact on the service and support system in Maryland are: Initiative to Increase Direct Support Wages, a five-year, $80 million initiative to raise the salaries of low-paid workers who support individuals with disabilities; The Autism Spectrum Disorder Waiver, which covers children with autism spectrum disorder aged 1 through 21, who qualify for services. The waiver services include day habilitation, therapeutic integration services, intensive individual support services, supported employment, residential habilitation, respite care, environmental accessibility adaptations, and family training. This waiver is scheduled to be effective July1, 2001; and Maryland Community Choices, which seeks to divert adults with disabilities from nursing home placement, and assist those currently residing in such facilities to return to their own homes with attendant care services and other services of their choosing. Look for more information on these important initiatives!
Maryland Resources
For updates on current legislation pending or recently passed in Maryland, contact the Maryland Developmental Disabilities Council, the Arc of Maryland, or the Maryland Association of Community Services (MACS).
The ADA Information Center
Phone/TTY: (800) 949-4232 or (301) 217-0124
The ADA Information Center provides information for the Mid-Atlantic Region on all aspects of the Americans with Disabilities Act.
Division of State Documents
Phone: (800) 833-9657
The Division of State Documents provides and online version of the Code of Maryland Regulations (COMAR), the official and enforceable regulations governing programs receiving state funding; Contract Weekly, a weekly electronic update (subscription fee applies); and the Maryland Register, a bi-weekly publication which contains regulations proposed but not yet adopted.
The Legal Aid Bureau
Phone: (410) 539-5340
The Legal Aid Bureau provides free civil legal services for low-income Marylanders meeting eligibility guidelines. They are the only statewide programs in Maryland that offers a full range of case types and services including family, consumer housing and income maintenance matters.
Maryland Disability Law Center, Inc.
Phone: 410-727-6352 and 800-233-7201
The Maryland Disability Law Center (MDLC), an independent, nonprofit public interest law firm, is the designated protection and advocacy agency for Maryland. MDLC's mission is to protect and advocate for the legal rights of adults and children with disabilities. MDLC engages in individual casework and systemic advocacy before administrative agencies and courts, and provides training to families and professionals regarding many issues affecting people with disabilities. You can also call MDLC to receive a copy of the handbook Special Education Rights and Wrongs/Educación especial, derechos . . . y injusticias. http://www.mdlcbalto.org/publications.htm
The Maryland Electronic Capital
The MEC provides resources regarding all aspects of government and public services within the state of Maryland.
Maryland Legal Services Corporation
Phone: (410) 576-9494
(800) 492-1240
The Maryland Legal Services Corporation provides information to families regarding low cost assistance as well as access to a variety of legal service providers such as the Maryland Disability Law Center and the Maryland Peoples Law Library.
Mediate-net
Phone: (410) 997-7838
E-mail: info@mediate-net.org.
Mediate-net, supported by University of Maryland School of Law as well as the Center for On-line Mediation, provides the state of Maryland with on-line mediation services.
Maryland State Bar Association
Phone: (410) 685-7878
(800) 492-1964
The Maryland State Bar Association provides services including the Pro Bono Resource Center of Maryland, which provides volunteer legal services for those individuals who can't afford a lawyer, a statewide lawyer referral service and a variety of legal information, publications and brochures.
National Resources
ARCA (Association of Regional Center Agencies)
Tracks legislation dealing with developmental disabilities.
CADRE, The National Center on Dispute Resolution
Funded by the United States Department of Education, Office of Special Education Programs, CADRE uses advanced technology as well as traditional means to provide technical assistance to state departments of education on implementation of the mediation requirements under IDEA '97. CADRE also supports parents, educators and administrators to benefit from the full continuum of dispute resolution options that can prevent and resolve conflict and ultimately lead to informed partnerships that focus on results for children and youth.
Census Bureau
Provides statistical information from the US Census Bureau regarding individuals with disabilities.
Code of Federal Regulations
The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government.
The Council of Parent Attorneys and Advocates
COPAA
Phone: (954) 966-4489
The Council of Parent Attorneys and Advocates is a national organization that provides legal information on various issues for parents of children with disabilities. COPPA provides person-to-person resources such as attorneys who represent parents and area COPPA attorneys; legal information resources including state special education law resources and a parent dictionary; a discussion list that is closed to school attorneys or persons employed by schools.
Disability Rights and Education and Defense Fund
Founded in 1979 by people with disabilities and parents of children with disabilities, the Disability Rights Education and Defense Fund, Inc. (DREDF) is a national law and policy center dedicated to protecting and advancing the civil rights of people with disabilities through legislation, litigation, advocacy, technical assistance, and education and training of attorneys, advocates, persons with disabilities, and parents of children with disabilities.
Education Development Center
Phone: (877) CEC-IDEA
TTY: (703) 264-9480
The Education Development Center, Inc.'s website provides information on the Individuals with Disabilities Education Act (IDEA) information and support.
Independence: Program on Employment and Disability, Cornell University
For anyone interested in a quick tutorial of federal disability policy in the US, Cornell University's Independence project is a good summary of basic programs and initiatives.
Law and Politics Internet Guide
This a clearinghouse for legal research for the public including legal resources, law journals, associations, law libraries, medical law etc.
National Information Center for Children and Youth with Disabilities
Phone/TTY: (800) 695-0285 or (202) 884-8200
NICHY provides an overview of IDEA as well as other documents and information that can be downloaded.
U.S. Department of Justice Disability Information
ADA Information Line
(800) 514-0301 or (800) 514-0383 (TDD)
The U.S. Department of justice disabilities section provides information on their ADA Mediation program, how to file a complaint, websites regarding children with disabilities as well as disability related publications.
The White House
Get current news around the nation and around the world., as well as information on press briefings and policies, and links to other government offices.
Publications
Seven Keys for Effective Legislative Advocacy
This booklet was written by Dennis M. Byars, Government Relations Director for Martin Luther Home Society, Inc., Lincoln, Nebraska. It explains the need for legislative advocacy, and well as the steps to effective advocacy, from organizing to letter-writing. For more information, contact Martin Luther Home Society at (800) 727-8317, fax (402)434-3253, email mlhs@compuserve.com. Or visit the web site at www.mlhs.com.
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