Court Agrees - Disney Discriminated Against Autistic Kids

Disney Discriminated Against Autistic Kids, Says Florida Civil Rights Commission; Appeal Filed In Federal Case

Florida’s top civil rights agency has again found that Walt DisneyParks and Resorts discriminated against several children living with autism and their families. In five separate rulings issued May 11, the Florida Commission on Human Relations says that an “unlawful practice occurred” when “Complainant and Complainant’s son were deprived of full enjoyment of the facility.” This comes as an attorney today filed a notice of appeal in a recently tossed federal lawsuit claiming Disney discriminated against families of children with autism and other developmental disorders in violation of the Americans With Disabilities Act.

Taking into account the five previous FCHR rulings of February last year against Disney, it bring to 13 the number of occasions the Sunshine State division has found against Florida’s largest employer in the matter of children with the brain development disorder and their loved ones visiting the likes of Walt Disney World. “Complainant was able to demonstrate that Complainant and Complainant’s son were denied a reasonable accommodation in a place of public accommodation for the son’s cognitive disability,” says FCHR executive director Michelle Wilson in one of the correspondences (read it here) that went out last week. “Although Respondent provided an accommodation, it was a blanket accommodation that was supposed to apply to all cognitive disabilities. Respondent failed to consider the son’s specific disability when offering a reasonable accommodation.”

Disney did not respond today to request for comment on that matter. The FCHR ruling permits a Complainant to file a civil suit against a Respondent within a year of the signing of the determination if efforts at relief or concilation fail.

Whether or not it has an impact on future legal proceedings, the response from the FCHR comes less than two weeks after U.S. District Judge Anne Conway granted Disney’s motion for summary judgment and shut down plaintiffs A.L. and D.L.’s case against the media giant’s parks. At the time, the plaintiffs’ Tampa-based lawyer Andy Dogali told Deadline, “the opinion is unsound, and we continue to evaluate our options.” That evaluation was obviously completed as Dogali on Monday put forth paperwork (read it here) to shift the matter to the U.S. Court of Appeals for the Eleventh Circuit.

This all started in the courts in April 2014 in California when 16 children and young adults with autism and other developmental disorders along with their guardians and parents filed ADA violations against Disney Parks and Resorts. The complaints alleged that the House of Mouse’s October 2013 implemented Disability Access Service was completely unsuited to the needs of individuals with such special needs as the plaintiffs. The DAS was intended as a replacement for the longstanding Guest Assistance Card program in an effort to halt perceived scams — such as well-heeled patrons hiring disabled individuals to travel around Disneyland and other parks with them so they could get on rides without waiting.

The initial complaint claimed that the new system resulted in long waits for rides and other entertainment, which often led to “meltdown behaviors” for the children. “We fully comply with all ADA requirements and believe that the legal claims are without merit,” said Disney at the time.

In time, the company got the case moved to more corporate friendly Florida.

Although they took a drubbing from the FCHR last year and had to face dozens of individual lawsuits on the matter detailing specific instances of “horrible experiences” plaintiffs had at the likes of Disney World under the DAS system, the corporation did see the case of A.L. and D.L. dismissed last month. But that isn’t the end and now Disney and its lawyers from the West Palm Beach, L.A. and D.C. offices of Kaye Scholer LLP may have to fight off the families all over again.

Mean People Suck - Another Community Encounter

Today is one of those days when I am glad Nick's autism impacts him in ways that he doesn't get his feeling hurt by mean strangers, unlike me! 

Nick was in the lobby of the movie theatre hanging by the arcade games, when a mom felt it necessary to suggest that Nick leave, and perhaps the theatre just wasnt' the place for him. 

Why you ask?  Because Nick said hello to her 6 year old daughter!! That's it, nothing else.  She was over heard asking her husband to talk to us because she didn't like the way Nick looked at her daugher.  Hey I get it, you don't expect a 17 year old to just say hello to your 6 year old - in a peer to peer kinda way. I get that for a moment you might not be paying attention and as a protective parent you are thrown off, for an minute. What I don't get is the mean way some people response given the realties of the situation.

Reality Number One: It only takes a few minutes of watching Nick to know that he has challenges.  

Reality Number Two:  For some people contact with a person with disabilities brings up empathy for others hate.

Reality Number ThreeIt's hard to send your child out into the world knowing the number of mean people he will encounter. 

Reality Number Four:  We have been dealing ignorance and mean spirited people since Nick was a child. Yes, it's getting better because more people today understand, but we have a long way to go.

Sad.

Disney Hit With Another Autistic Kids Lawsuit...My Plea to Disney...can't we all just get along!

Disney Hit With Another Autistic Kids Lawsuit Over Theme Parks

Sad The Happiest Place on Earth Can't work this out. Nick at
Disneyland. in 2011

Before you read the news story below...I just want to say; it seems to me this is not a battle worth fighting, for anyone.  Families are unhappy,  advocacy rights groups outraged, children are disappointed and I can't see Disney's upside to it's current policies.  Please wake up Disney decision makers... this battle does nothing for your "Happiest Place on Earth Brand".  It flies in the face off all that the Disney name means to families, including mine. No matter how "Right" your position is, or you believe your position to be, children with disabilities are the underdog, if not the victim here.   

It beg's the question.."What's more harmful to Disney having your brand constantly in the news with these negative stories - which is like watching Disney's positive image being nibbled to death by ducks - or finding a solution that makes families and disability organizations happy and bumps up your image in the process"?  

I also wonder if a solution would have been cheaper than the legal fees Disney must have racked up by now, and the battle is not over.  That said, here's my plea to Disney.  Please work it out! Let's free up our courts and bring the world's attention back to all things amazing about the Disney Brand and it's parks!!!!

Please! 

Thanks...another mom

_______________________________________________________

Disney Hit With Another Autistic Kids Lawsuit

DEADLINE HOLLYWOOD 

With legal action already underway in Florida for violations of the Americans With Disabilities Act, today saw Walt Disney Parks and Resorts sued in Los Angeles Superior Court by more than a dozen families with autistic children. Like the lawsuits on the other side of the country, Tuesday’s filing in Disneyland’s home state has to do with the program the House of Mouse introduced at its theme parks a year and a half ago for individuals with disabilities and cognitive conditions like autism. A re-filing of sorts of California-specific claims dismissed by a judge last year in the Sunshine State, the 140-claim, jury trial-demanding lawsuit (read it here) seeks wide-ranging but unspecified damages of “no less than $4,000” on multiple occasions and relief for violations of the Golden State’s Unruh Civil Rights Act and common law. It also leaves what is now a growing legal stain on highly image-sensitive Disney.

Related

Disney Discriminated Against Autistic Kids, Says Florida Civil Rights Division

“The systems, policies and procedures associated with the Disability Access Service which Disney rolled out in October of 2013 were certain to create discrimination against Plaintiffs, and it was obvious that the community of persons with cognitive impairments would be harmed by the DAS,” says the 425-page filing, citing allegations that the company axed the long-standing Guest Assistance Card program because it cut into their tour guide revenue stream not because of potential abuse of the system. “Overtly discriminating against Plaintiffs and others like them until persons with autism and other developmental disorders simply no longer visit Disney’s theme parks will likely end any potential disruption of the ‘magical’ Disney experience enjoyed by Disney’s non-disabled guests,” it adds.

“A.S.T. is incapable of understanding the concept of time, and thus cannot comprehend visiting an attraction in... Today’s extensive complaint for declaratory and injunctive relief and damages brings the number of families in court across America against Disney over the DAS to 58. “The DAS remains a horrible device through which Disney creates the appearance of offering an accommodation to autism families, but through which it really offers, at most, nothing,” said Andy Dogali, the attorney for both today’s plaintiffs and those in Florida. In many ways a consequence of the breakup last fall of the sprawling initial complaint filed back in April 2014, a number of the families in today’s complaint detail the same “meltdown” experiences their children have had at Disney theme parks since the new system went into effect in late 2013.

“A.S.T. is incapable of understanding the concept of time, and thus cannot comprehend visiting an attraction in the present only to be told it cannot be experienced until sometime in the future,” says Tuesday’s filing of one such teen with autism. “As such, the new DAS creates avoidable stressors for A.S.T., constantly escalating his stimming patterns toward meltdowns. Since Disney’s implementation of the new DAS, A.S.T. has experienced many meltdowns at the Disney Parks.” Those self-described meltdowns have been met by indifference or outright hostility by formerly helpful Disney employees, the complaint notes. The behavior commonly has led to the families having to leave the park and hence cut very short what was expected to be a rare but pleasurable experience for their younger members.

Not that the complaint doesn’t also see a lot of good in Disney — or at least its content and merchandise.

“Perhaps ironically, Disney’s Magic often plays a role in the development of young persons with autism,” says the new filing. Parents, special education teachers, speech pathologists and other professionals who interact with autistic children on a regular basis often use Disney’s adorable and highly recognizable characters, cartoons, stories, toys, and movies to assist in opening autistic children to the world around them. Disney becomes a driving force in the lives of these children, and can become the only part of their lives that generates visible signs of fun and exuberance.”

As with the previous cases, Dogali of Tampa, FL, and Hermosa Beach’s Eugene Feldman are representing the plaintiffs.

Autism Mom FURIOUS over Steve Harvey Comments about Special Needs Kids

This mom is very passionate about special needs kids being joke material for commedians.  Some people are saying "Parents of children with autism too sensitive" What do you think?

Black, Hispanic kids underrepresented in autism identification - We keep talking, but there's not real change. Sad

Black, Hispanic kids underrepresented in  autism identification - We keep talking, but there's not real change. Sad

The number of children diagnosed with autism has increased in recent years, but a new study co-authored by a University of Kansas professor shows that while the number of students with

autism increased in every state from 2000 to 2007, black and Hispanic children were

significantly underrepresented. Jason Travers, assistant professor of special

education, co-authored a study that analyzed administrative identification of autism in every

state under the Individuals with Disabilities Education Act for the years 2000 and 2007. The

disparity in the odds of white students identified compared with minorities might reflect a similar

phenomenon associated with the widespread increase in students diagnosed with learning

disabilities in the late '70s and attention deficit hyper disorder in the '90s, the authors argue, and

also shows that minority students probably are not getting the same services as their peers.

Travers has studied autism and diagnosis rates previously and noticed discrepancies in

the number of students diagnosed. The Centers for Disease Control have estimated that one in 68

children have autism. "That's a pretty alarming number," Travers said of the CDC

figure. "I wanted to see if there were differences in these rates. Previous research had found that

African-Americans were over-identified. But the data I was looking at showed they were under-
identified. This was during an era when autism prevalence rates were increasing across the

board." Travers and colleagues Michael Krezmien of the University of Massachusetts-
Amherst, Candace Mulcahy of Binghamton University and Matthew Tincani of Temple

University examined autism identification rates from schools in all 50 states in 2000 and 2007

for the study, published in the Journal of Special Education. The study was started while Travers

was a faculty member at the University of Massachusetts-Amherst. Administrative

identification reflects rates at which schools—not necessarily a clinician—identify a child as

having autism. Widely varying criteria from state to state are part of the problem, the authors

state, but not the full story. White students identified as autistic increased from 2000 to 2007 in

all states and the District of Columbia. The number of African-Americans identified increased in

all states except Alaska and Montana, and the number of Hispanics increased in all states except

Kentucky, Louisiana and the District of Columbia. While counts in all categories showed an

increase, black and Hispanic increased at much smaller rates, and all three increased at lower

numbers than predicted by the CDC. "Nearly every state that had proportional

representation of students in 2000 underidentified black and Hispanic students in 2007,"

the authors wrote. "Although there is no firm epidemiological evidence that race is predictive

of autism, we found substantial racial differences in the ways U.S. school identify students with

autism." The discrepancies indicate a number of problems, Travers said. Chief

among them, regardless of why white students are being identified with autism at higher rates,

the results may mean services are not equally accessible among the races. When more students

of one race are being identified, more services for autism will go to those students, and not to

students and schools that are underrepresented. Critics have claimed that white students are

being overidentified or that administrative diagnoses rates are not reliable. "These data

depict what's going on in schools," Travers said. "Whether or not they match with clinical

diagnoses, the numbers can be associated with a variety of costs. They tell us about the human

costs, financial resources dedicated to services, administrative costs, community costs and many

others." The disparities also suggest that white students are more likely to access

early intensive behavior intervention services, educational supports, occupational supports and

others designed for students with autism than their black and Hispanic peers.

Travers intends to address the disparities in future research and develop more accurate methods

to predict disparities in rates of autism. One possibility is to gather data from school districts,

counties and states across the country on the number of students with autism and analyze other

demographics such as neighborhood median income, teacher quality, number of students that

qualify for free and reduced lunches, staff turnover and numerous other factors. He would then

compare that data to U.S. Census information to develop advanced statistical models that could

more accurately predict indicators for autism numbers in schools. "I'm not convinced

we thoroughly understand this problem in special education right now," Travers said. "I think

what's needed is advanced statistical models that can more accurately identify predictors

associated with identification." In addition, schools and states need to identify

consistent methods of identifying autism. The longer they go without, and the more prevalence

numbers are used for political purposes, the greater the inequity will be for minority students, as

the data suggests. "Unfortunately, but not surprisingly, until this problem is

thoroughly understood and scientifically validated methods to prevent the problem are identified,

it seems that the majority of the un- or mis-identified students with autism will be children of

color," the authors wrote.

Cyber Bullying Goes Mobile!

One of the saddest downsides to technology, not only do kids have to suffer bullies in person, now they can follow anyone anywhere.  Young Girls Are The Biggest Victims Of Mobile Cyberbullying  Cyberbullying, particularly over mobile, is an unfortunate trend. According to the Cyberbullying Research Center (CRC),over 80% of teens use a cell phone regularly, which is why bullying over that medium is so common. And based to the latest data from Ofcom research, which also included fieldwork from UK research firm Saville Rossiter-Base, it seems as though preteen girls are the biggest victims of mobile bullying, according to the victims and those who know them. According to Ofcom's data, which was charted for us by BI Intelligence, preteens and young teenagers aged 12-15 — in other words, middle schoolers — reported more bullying experiences for themselves and others, compared to younger children. Girls also reported more instances of bullying than boys — about themselves and others. But why did more children report bullying happening to others as opposed to themselves? According to the CRC, "only 1 in 10 teens tells a parent if they have been a cyber bully victim," and "well over half of young people do not tell their parents when cyber bullying occurs," which might mean kids are less likely to talk about getting bullied to any adults, period. The CRC has a helpful list of suggestions for parents who want to reduce cyberbullying statistics.

Advocate, Don't Discriminate!

I don't know about anywhere else but here in hot LA teenage boys typically don't smell so great all the time, especially after PE. This isn't me giving the boys a bad time, it's just how it is and it's easily proven by a quick stroll down a high school hall when it's crowded with kids, or by just popping your head into the locker room for a few seconds. Yikes!!!  

So riddle me this Batman. On what planet would a teacher send a special ed kid - who has a one on one aid - to the nurse's office for body odor?  What is the nurse going to do? Examine him for extraordinary odors?! Then what? Again, maybe it's just me but, it seems if a kid really smelled that bad there were simple solutions vs humiliating him and sending him to the nurse who could do little or nothing. For one, the aid could simply take the kiddo into the bathroom to wash up. Or, in this case call his at home mom and ask if she could bring him a new shirt and some deodorant.  

Have you ever heard of a typical teen boy being sent to the nurse for body odor?  If this was the case, we would have to double up on school nurses to meet the demand, LOL!

This is crazy making to me and, pardon the pun smells of injustice! The kind of unconscious bias our kids in special ed face every day. Just sadder when the ones with the bias are the ones who are supposed to be looking out for our kids. 

OMG, Who wouldn't want that Kid!!!!

Really?!, Who wouldn't want a teenager who...

Is joyous and laughing most of the time instead of complaining.

Never holds a grudge

Never lied to you.

Never rolled their eyes in disgust, made that awful "tisk" sound with their tongue, or looked at you as if you were crazy because you asked them to do something.

Could not care less about wearing "Labels" to impress their peers.

You can spend $5.00 or $500 for their birthday or Christmas, and they are just as thankful.

Has a great sense of humor.

Always let's their sibling take the front seat!

Isn't embarrassed to be seen with mom.

Has an incredible memory, seemingly fondly remembers everyone they ever met.

Never gossips, or puts down other people.

Judges people based only on how they treat others; not where you live, how you look, how much money you have, how popular you are or what you drive.

Treats everyone the same no matter their race, age, intelligence, or physical appearance.

Would never join a gang or get mixed up in the wrong crowd.

Feels remorse when they make you mad.

Almost never complains about doing daily chores.

Oh, and when they are sick will take really nasty tasking medicine without complaining.





Well I have one, Nick!!

So to all of you who ask "How do you do it?" or think my life is so hard, consider that.

and

because she see's this, even when she wants to toss him out, I also have an angel is his sister!

Home “Jail” vs County Jail - No Good Choices for Parents

I’m the parent of an young black man whose lack of social skills scares people. He is an easy target for molestation, has no understanding of community danger and if a police officer yelled “Stop” he would not. This is what parents caring for adults are faced with. When society offers families no choices, well intentioned parents can make bad decisions. Faced with nothing but bad choices, what would you do? Personally. if my choice is to find a way to keep my son in my house - in ways that society may view as abusive - where I can manage the danger, or treat him like a typical child and risk him wandering into the community I’m going for keeping him in my house. For parents faced with impossible decisions I can understand them believing any restrictions they create in their home would be less than those their child would face in Jail or an institution.

Coping with adult children’s autism, parents may face ‘least bad’ decisions

For parents like Mark and Barbara Bucknam, the transition to adulthood for autistic children is filled with gut-wrenching choices and challenges.

John rides in the back of the car with his mom after camp. Over the next 10 years, 500,000 children with autism will become adults, according to Lisa Goring, a top official at the advocacy group Autism Speaks. Evelyn Hockstein/For The Washington Post

By Dan Morse July 26

Adult twins with autism locked in a barren basement room every night. No lights. No bed. Their parents charged with abuse.

The criminal allegations against Janice and John Land that erupted last week in Montgomery County have captured the attention of many — but no group more so than other parents who are caring for the growing number of autistic children entering adulthood.

“We can’t condone their choices,” says Mark Bucknam, a professor at the National War College who lives two miles from the Lands. Court papers say that the young men were kept in a room with no working lights and a comforter on a bare tile floor. “But it’s possible that, in their minds, this was the least bad way to deal with this,” Bucknam says.

As he speaks, his 18-year-old son John starts to pace and moan in the kitchen. John typically won’t sit down for dinner until he and his parents are around the table, holding hands, his father saying the blessing. Mark walks toward the kitchen, past the locked front door, the locked door to the garage, the locked door to the basement. Those barriers, along with a tracking device John wears, the burglar alarm and the fence around the house, are designed to keep him from wandering off.

John Bucknam wears a tracking device on his ankle so he can be found in case he wanders away from home. His parents have a series of locks on their doors to keep John from wandering off. (Evelyn Hockstein/For The Washington Post)

But sometimes, even that isn’t enough. Three years ago, wearing green pajamas, John made his way to a Metro train platform four miles away just before a train came barreling into the station.

For parents like the Bucknams, their children’s transition to adulthood is filled with gut-wrenching choices and challenges. The assistance connected with high school programs goes away. The best adult services often are at the end of long waiting lists. The pressures mount for parents to prepare for life after they’re gone. In the world of autism, this transition is known as going over “the cliff.” “You’re in a whole different world,” Barbara Bucknam says.

And their ranks are poised to grow. This year, the Centers for Disease Control and Prevention released figures showing 1 in 58 children in the United States have Autism Spectrum Disorder, a term that captures the wide range of ways autism affects children. That was a 30 percent jump from two years earlier and more than double the rates from six years before that.

And over the next 10 years, 500,000 children with autism will become adults, according to Lisa Goring, a top official at the advocacy group Autism Speaks. “There are not enough services. It’s a real problem for families.”

Fierce advocates

In places like Montgomery, parents such as Darla Tagrin must be ready every day to advocate for their children so they can make use of government-funded programs.

For 12 months, Tagrin tried to get her 22-year-old daughter transitioned from high school to a day treatment program or a supervised job. But one facility after another turned her daughter away, Tagrin says, something she attributes to her daughter needing almost constant one-on-one attention. Tagrin recently enrolled her daughter into a program that she helps administer: lining up the therapists to come to her home or take her daughter into the community.

“Managing this is a full-time job,” Tagrin says. “You have all the duties of a company owner. If you already have a full-time job, it can be nearly impossible. But this program is a lifeline for us.”

Tagrin and others say that as family members with autism age, it becomes even more important to refuse to take no for an answer when seeking services for day programs or housing facilities. “You kind of have to fight for things. If one person says no, you have to keep calling,” she says.

Comparing her situation with that of the Lands’, Tagrin says the Lands could have made use of plastic mattress covers or perhaps a room-monitoring system. Still, she knows how challenging her nonverbal daughter can be. “And it doesn’t sound like she’s nearly as tough as those twins,” Tagrin says.

In the best cases, parents find that the right adult programs can exceed the care their children received in school. Kathy Page, another Montgomery resident, is the parent of 22-year-old and 24-year-old sons with autism. Their high school administrators helped transition them into “day-habilitation” treatment at a nonprofit group called Community Support Services.

“They’re helping them develop as human beings,” Page says.

At home, she has discussed the Land case with her husband, Tom. Maybe the dark, basement room was the Lands’ way of keeping their children out of an over-stimulated environment, he suggested.

Page says she understands the frustrations the Lands must have felt. But she ultimately thinks they could have done more — made another call to get help or redoubled efforts to bring in a therapist who might have taught the twins to move around the house more safely.

“I just kind of feel in my gut that they gave up on them,” she says.

Insurance coverage

Every day in Montgomery, Laurie Reyes has a direct view of challenges facing families. She is a county police officer whose job is to help vulnerable residents’ caregivers. On average, Reyes says, two or three people with autism wander away from their homes every week.

The officer works with families to employ a “layered” approach to keep kids and adults safe: Identification bracelets, information letters given to neighbors, in-home therapists, alarm systems, electronic tracking bracelets. But even the best defenses don’t always work.

Reyes sees a difference between children who go missing and the adults who do so.

People are more apt to intervene when they see an 8-year-old walking down the street. But someone older or full-grown, even if acting erratically? People might drive right by, too intimidated to approach. “If you have a little child, people are going to jump to help,” Reyes says. “That’s a huge dynamic.”

The officer has worked with families of autistic children for 10 years and has learned to broaden her duties. She trains patrol officers in the best ways to communicate with people who are autistic. She works with social workers to try to get kids and adults into programs.

And she’s even testified to support legislation that would prompt health insurance companies to pay for in-home alarm systems — asserting that in the simplest of terms, that can be a medical need. But to date, she’s gotten insurance payments for only two systems.

“It’s a fight to get that coverage,” Reyes says.

At ‘substantial risk’

As for the criminal case against John and Janice Land of Rockville, new details in court filings last week paint an ever-troubling picture as social workers moved to become the twins’ legal guardians and place them into a group home.

It was a team of police officers that discovered the basement room where the twins slept. Early the morning of July 17, a SWAT team entered the Lands’ home, where at least two of their other sons live, as part of an unrelated marijuana case. Officers came upon the locked room, went inside and found the twins. “They were found in feces and urine,” county attorney

Peggy Odick wrote in court papers, asserting that the locked room amounted to imprisonment that left the twins at “substantial risk of death or immediate and serious physical harm.”

The parents have not been available to comment. But John Land’s father — John Land III — has said the criminal allegations are overstated given the challenge the twins presented. On Friday, he said the young men had been toilet trained in the past but had regressed. Because of that, his son had to remove furniture from the basement room, he said.

Land III says that keeping the twins locked in the basement prevented them from going through the house at night and turning on water faucets or the oven. “They had to be confined, held by the hand or watched within arm’s length — 24/7.”

Land III says his son and his son’s wife have expressed fatigue over caring for the twins: “Their hearts don’t want them to go, but their heads are telling them it just might be too much.”

Eyes on the future

Inside the Bucknams’ home, also in Rockville, Mark and Barbara are trying to transition their 18-year-old son to his adult years. Two big questions and challenges: Can they find an agency that will help John find a supervised job? And should he be moved into a group home to learn how to cope after they’re gone?

Their efforts are an extension of what the couple has been doing all of John’s life. After he was diagnosed with autism, Barbara phased out her work as a physician to devote herself to overseeing his care, to managing the tangle of insurance claims and paperwork that goes along with it. These days, the Bucknams have begun looking at programs that might be able to help John find a vocation.

But his tendency to wander off presents a challenge. His communication — largely through single words to express needs, such as “computer” or “food” — could make working directly with the public difficult.

But John’s ability to learn can also be inspiring. His innate desire to stack and organize objects could lend itself to a position at a warehouse. “We hope one of these agencies will pick John,” Barbara says. She would like to see him eventually try a group home. Mark is not sure that he could function well enough, and he wants to manage everyone’s expectations.

“All we want,” Mark says, “is for our son to be safe and happy.”

"School Choice" Not for Children with Disabilities

'School Choice' -- As Long as Your Child Doesn't Have a Disability

Follow Shayna A. Pitre on Twitter: www.twitter.com/shayna264

Shayna A. Pitre 

Legal Researcher and Writer

Imagine asking someone to "speak up please" while cupping your right back ear and leaning forward slightly to hear imperceptible words uttered. Again, you ask, "Can you please speak up." The teacher, with pursed lips, looks at you and then says in an annoyed loud voice "the lesson plan today will be to discuss the first chapter of the readings." Giggles fill the room. http://i0.huffpost.com/gen/1760351/thumbs/n-TEACHER-EVALUATION-large570.jpg

Slightly embarrassed you look down and tell yourself never to ask these questions again. It is better to not know what is said to save yourself the condescension and humiliation of being different. You, with a tightened chest and heavy face, tell yourself it is better to live with your disability in silence, where only you can hear it.

The above experience is not merely fiction. It is widespread in schools that accept voucher students, students whose parents transfer their children from lower-performing public schools to higher-performing private, often parochial schools. Low-income parents are able to transfer their children from failing public schools to private schools with state, sometimes federal money. In other words, low-income parents choose the school their children will attend. This is known as "School Choice."

However, disabled students are not always given true choice. No choice exists if private schools refuse disabled students' needed services, and this is precisely what has happened in many places.

In fact, the American Civil Liberties Union (ACLU) filed a lawsuit against Wisconsin and several schools in Milwaukee for violations of the American Disability Acts (ADA) and the Rehabilitation Act (RHA) § 504.

What is ADA?: ADA is a federal law that prohibits discrimination on the basis of disability by public entities. It protects the disabled from discrimination on the basis of their disability in services, programs, or activities of all state and local governments. It extends to certain federally assisted programs, and all state and local governments, including those that do not receive federal financial assistance.

What is RHA?: The RHA is another federal law that requires any institution that receives federal funds for any purpose not to discriminate, exclude, or deny benefits to the disabled because of handicaps. This requirement extends to private and public schools alike that receive federal funds.

ACLU's Lawsuit: ACLU and the parents of several children brought a lawsuit against Wisconsin and several private schools because they failed to offer services to their disabled children. These parents sent their children to those schools with private school vouchers serving low-income parents. ACLU has filed this suit because these schools have accepted federal money but denied disabled students appropriate services; private schools that accept federal funds are required to provide disabled students certain appropriate services by law.

The Complaint: According to the ACLU complaint, only a meager 1.6 percent of disabled students attended voucher schools, while there are an estimated twenty percent of disabled students in Wisconsin. This disparity between disabled students attending private schools with a voucher and disabled students attending public schools is exacerbated when the quality of services offered to disabled students is examined. Not only are the proper services not provided, private schools openly state the same level of services, if any, will not be offered at the schools. This statement is further amplified by the schools' own actions.

The Stories of 3 Disabled Children

B.J., is an eighth grader who qualifies for disability services. She has Oppositional Defiance Disorder and a mood disorder and was enrolled in special education at public school, but her parent transferred B.J. from public school to a church-run private school. So, during 2010-2011, B.J. attended the private school, Concordia University School (Concordia), where her tuition was paid for by a voucher.

The ACLU complaint alleges that Concordia knew of B.J.'s disorders but did not provide any accommodations to her. Without providing any accommodations for B.J.'s disabilities, Concordia placed B.J. on a "behavioral" contract. Soon after placing her on this contract, the school expelled B.J., alleging she broke the contract. Consequently, B.J. had to return to the public school she left. Federal law requires schools not to discipline students for actions that arise from their disability.

S.E. is a four-year old child who is developmentally delayed and receives special education at public school. S.E.'s mother applied for S.E. to attend Messmer Catholic Preparatory School (Messmer). Messmer told S.E.'s mother no placements tests were required.

However, the complaint alleges that after Messmer was informed of the developmental delay, Messmer required placement tests and screenings. Messmer later told S.E.'s mother she should "give some serious thought to whether or not Messmer would be the right place for S.E. because it would not be able to give him what Milwaukee Public School was giving him." The school urged that S.E. be released from his special education Individual Special Education Plan. The mother refused to release S.E. from the Individual Special Education Plan; a screening process was conducted, however. When the lawsuit was filed, S.E. had not been admitted to Messmer.

S.E.'s mother also has another disabled child: K.S., an eight-year-old with Attention Deficient Hyperactive Disorder (ADHD). After K.S.'s application was complete, according to the complaint, Messmer conditioned K.S.'s school acceptance on taking medication for ADHD. K.S., however, was neither on medicine nor enrolled in special education at public school. S.E. did not think her child needed medicine. Nevertheless, Messmer refused to admit K.S. if he did not take ADHD medicine. Messmer informed the mother that if her developmentally delayed child "had academic problems, they did not want to be blamed." When asking whether her eight-year-old was on ADHD medicine, the school emphasized that "Messmer had a fast-paced academic program."

North Carolina

The above-mentioned individuals are the parties who filed the complaint against Wisconsin for violation of federal disability law. Wisconsin is not the only state where taxpayer dollars outrightly support discrimination. North Carolina is another. North Carolina implemented a similar voucher program where most of the vouchers are for religious, private schools. As of February 2014, Greensboro Islamic Academy (GIA), a private, religious school, was sought after by voucher applicants. Not all applicants receiving state vouchers are treated equally at GIA. The unfortunate parent who fills out a GIA application for her disabled child will be taken aback when she reaches the "RESTRICTIONS" section of the application and reads:

"Children with emotional and severe learning disabilities may not be accepted at GIA, as necessary program are not available to meet the needs of these children... After accepting a child, if it is determined that he/she has emotional or behavioral problems, and/or severe learning disabilities, etc. the child may be asked to leave..."

However, in February 21, 2014, Superior Court Judge Robert Hobgood ordered North Carolina to suspend its school voucher system. Dick Komer, a lawyer representing the parents, plans to appeal the decision. Will this victory be short-lived? How many other states will allow discrimination through their school choice voucher program?

Many states have indeed found school choice vouchers to be unconstitutional mainly because most states' constitution prohibit educational funds from being spent on anything other than public education. In other words, most state constitutions prohibit money being given to parents to choose a private, nonpublic school for their child to attend. This would violate the state constitution, but what about federal law? What about the disabled? What about their legal claims? Why are states missing this poignantly obvious, legally meritorious argument of disabled children? Who will fight for them? They cannot fight for themselves.

Luckily, the DOJ keeps fighting for our disabled children. The DOJ sent Wisconsin's Department of Public Instruction a letter demanding the agency enforce Title II of the Americans with Disability Act. Wisconsin's School Choice Program is still being investigated by the DOJ for violations of federal law. The investigation is expected to be complete by the end of 2014. Maybe the states will catch on before then.

Shayna A. Pitre has an undergraduate degree in philosophy and is currently pursuing a Juris Doctorate at Southern University Law Center. Growing up with a hearing impaired brother has made her a strong advocate for disabled children. "Fight for Those Who Can't" is devoted to advocating for not only the rights of the disabled, but the rights of all children -- the rights of those who can't fight for themselves.

Disney Parks Refutes Lawsuit Claiming Discrimination Against Autistic Kids

Disney Parks Refutes Lawsuit Claiming Discrimination Against Autistic Kids

By DOMINIC PATTEN | Tuesday April 8, 2014 @ 1:22pm PDTTags: Americans With Disabilities Act, Disney

http://www.deadline.com/2014/04/disney-parks-lawsuit-autism/

Walt Disney Parks and Resorts today denied allegations in a lawsuit filed by families of children with developmental disorders that the company has caused them suffering and violated the American With Disabilities Act. The 57-count complaint (read it here), filed last week, seeks damages, injunctive relief, and declaratory relief forviolations of the ADA and the Unruh Civil Rights Act. ”Disney Parks have an unwavering commitment to providing an inclusive and accessible environment for all our guests,” a Disney Parks and Resorts spokesperson said today. “We fully comply with all ADA requirements and believe that the legal claims are without merit.” The scathing legal action filed by 16 children and young adults with autism and other developmental disorders and their guardians and parents contends that Disney’s recently implemented Disability Access Service violates federal and state law and is completely unsuited to the needs of individuals with such special needs. Disney disagrees. “Our Disability Access Service is designed for guests who, due to certain disabilities, cannot tolerate extended wait times at attractions. In circumstances where the service might not meet guests needs, we work individually with guests to ensure we are able to accommodate them,” said the company in a statement.

The 176-page complaint also alleges that, at the same time Disney moved to the DAS system last October, the Parks and Resorts division created a secret ”Magic List” program that could actually help solve a lot of their concerns. “The Magic List is a secret list of persons to whom Disney will automatically extend, without the stigma of a ‘Disability’ card, and without amandatory photograph, and without the newly-ingrained disrespect of Disney employees, five immediate-entry, no-appointment ride passes,” says the April 3 filing in federal court. “The Magic List does not perfectly accommodate the special needs of all persons with cognitive impairments, but it is considerably better than the recklessly inadequate DAS card,” it adds. “Disney is withholding the existence of the ‘Magic List’ from the broader community of families in which someone has a cognitive impairment. By doing so, Disney continues to deter families from visiting the Parks or making plans to do so.” While Disney has a Make-A-Wish Foundation program that provides front-of-the-line access among other privileges, the “Magic List” the plaintiffs allege seems to be something very different. A WDPR spokesperson denied to Deadline any knowledge of the so-called Magic List