Legal Rights & Autism

See also:    Advocacy    Law Enforcement   

Internet Resources

The aim of this paper has been to help make access to justice a reality for people with severe communication impairments. It will succeed in its task if the following lessons are learned by the system of justice in Australia.
Joan Dwyer
Universities are no different than any other employer. Because they receive so much federal tax money, they are actually held to a higher standard of compliance in employment law and ADA standards than are many private employers because of the public trust involved in tax-supported employment.
Roger N. Meyer
The ADA and the RA are strong laws that should help to end years of disability discrimination. This pocket guide is a brief overview of their requirements. These laws are dotted with exceptions to many of their rules.
Greater Rochester Attention Deficit Disorder Association
Text of the regulations.
ADA Statute, Regulations, ADAAG (Americans with Disabilities Act Accessibility Guidelines), Federally Reviewed Tech Sheets, and Other Assistance Documents
Using excoriating language such as "appalling," "evasive," "closed mind," "combative," and "untruthful," Administrative Law Judge A. James Andrews has held in a 45-page decision that the Hamilton County (Tennessee) Department of Education (HCDE) repeatedly violated federal law in failing to provide an appropriate education to Zachary Deal, a seven-year-old Chattanooga boy with autism.
Gary Mayerson
Assertive parents express themselves clearly, directly and without guilt; are not intimidated; prepare for meetings; stay together; are informed; keep records; collaborate; effectively communicate; demonstrate self-confidence; advocate effectively; are self-reliant and independent; persist; analyze problems; organize to effect change; are positive and strong; have pride; encourage others and hold people accountable.
Marie Sherrett
What we have here is a presumption of guilt, which only happened because the boy has AS. There was really not even enough evidence to where a reasonable grand juror would return an indictment, were it an adult suspect.
Frank Klein
Things are changing at the Social Security Administration and these changes have filtered down to the state Disability Determination Service level. There is no guarantee that an Autistic child will meet the requirements for SSI payments.
Floyd Tilton
Contains a directory of autism lawyers by state.
Due process is time consuming, intensive, expensive and highly stressful. To be successful, parents need to fully understand their legal rights BEFORE filing for due process.
Reed Martin
Legal advocacy for the civil rights and human dignity of people with mental disability.
A 15-year-old Northland boy has missed out on most of four years of school because of an apparent funding gap for students with behavioural problems. Matt Hayes, of Kaiwaka, has not been in a classroom regularly since he was 11. He has been placed in a series of "alternative education" arrangements, but has not learned to read and write beyond the level of a 6- or 7-year-old. This year he has not been to school at all.
Simon Collins, NZHerald
People with autism should share the same rights and privileges enjoyed by all of the European population where such are appropriate and in the best interests of the person with autism.
Autism-Europe Congress
It was actually not clear until the mid 1960s that children were deemed "persons" within the meaning of the Fourteenth Amendment which applies the Bill of Rights to all of the states.
Gerald P. Koocher, Patricia C. Keith-Spiegel
A broad coalition of legal and other advocates, including people with disabilities, united to promote empowerment, liberation, and integration of all people with disabilities in the Commonwealth of Massachusetts.
An independent, nonprofit, tax-exempt organization of attorneys, advocates and parents established to improve the quality and quantity of legal assistance for parents of children with disabilities.
Comprehensive source for information on legal rights in the UK
Provides assistance on a systemic level to attorneys who represent parents of children with disabilities.
National Association of Attorneys General
What constitutes discrimination; recognizing discriminatory behavior; negative effects of discrimination and people with special needs and their parents; advocacy; first steps.
James Messina, Constance Messina
Discrimination is no more in the past than disabilities are. It is a real and current problem, and is complicated by state workers who are uncaring, unsympathetic, and often unqualified to hold the positions they have.
Floyd Tilton
This site answers your questions about the Individuals with Disabilities Education Act, keeps you informed about IDEAs That Work, and supports your efforts to help ALL children learn, progress, and realize their dreams.
Mental retardation; hearing, speech/language, visual or orthopedic impairments; serious emotional disturbance; autism; traumatic brain injury; other health impairments, or specific learning disabilities.
On-line law sources in a single-page format
Educators who build community in their classrooms begin with a view of each student as a person having value and worth. Effective teachers don't assume they understand disability: They ask the other person to describe his or her world.
Linda Treloar
MDRI documents conditions, publishes reports on human rights enforcement, and promotes international oversight of the rights of people with mental disabilities.
A new proposal, HR 4825 is a bill designed to amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the Medicaid Program for disabled children.
Floyd Tilton
A collection of articles and letters pertaining to discrimination against and abuse of autistic persons in Canada and throughout the world.
Michelle Dawson
ADA is a civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.
Kelly Henderson
Addresses issues of humane treatment; practice of religion; communications; work; vote; personal property; nutrition; medical care; sterilization; social activity; physical exercise; discipline; behavioral treatment; physical restraints; record-keeping.
Knowing the child is more important than knowing the law! The ability to rationalize the need for a particular program and placement based on the profile of the child is the key to determining what is appropriate under the law.
Emerson Dickman
The bill will unify the efforts of several Federal agencies in the area of Autism research by developing special Centers for Excellence and Centers for Expertise and providing funding for these programs.
Floyd Tilton
The disability eligibility criteria for Social Security Disability Insurance and Supplemental Security Income are the same and require that a person have a medically determinable disability that prevents them from working at a substantial level.
South Dakota University Affiliated Program Autism, Related Disorders Program
Applications for Social Security Administration (SSA) benefits often fail because of incomplete or poor documentation. SSA makes it possible for persons to apply for SSI/SSDI benefits by phone. For persons I work with -- individuals with complex cognitive impairments and multiple physical health issues -- I do not recommend this approach. Phone intakes can result in mistakes much harder to correct as your claim makes its way through the system.
Roger N. Meyer
Hundreds of articles, cases, newsletters, and other information about special education law and advocacy.
For information on Special Needs Trust Funds - search under bill S.1011
The disabled student knows more about his own limitations as well as strengths, and doesn't need anyone else to "attest" to the extent of his disability, or to verify his needs or to negotiate as the student's absentee proxy as to how those needs should be met. This is the individual's responsibility, and if the individual is of legal age, he should find it impermissibly offensive to be spoken of in the third person, as this form does.
Roger N. Meyer
US government agency responsible for enforcement of civil rights law.
Free, independent and non-profit access to worldwide law
Because they are not educators, most parents don't understand that they have a unique role to play in the IEP process. Parents are the experts on their child.

Opinions expressed by the authors of pages to which this site links do not necessarily reflect this site developer's opinions. In other words: Sublime or ridiculous? You decide!
Copyright © 2004-2008, Kathleen Seidel. All rights reserved.
This page was last updated on 5 November 2008, 3:48 pm
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