Opinion: County needs smart limits on rights of way as wireless industry hopes for bonanza

Our opposition to Montgomery County’s latest telecommunications towers zoning text amendment (ZTA 19-07) is all about the future.

We are fighting for the rights of residents to have meaningful voice about future use of our shared public rights of way, and specifically want to be sure wireless corporations respect the character and safety of all residential neighborhoods.

Rights of way are inside and surround all residential neighborhoods, including the front sidewalks of apartment buildings and condos.

Public rights of way are woven into the fabric of neighborhoods and are a veritable gold mine of existing infrastructure (utility poles, streetlights, lampposts, intersection signals, etc.). Wireless companies want to install antennas, radios and equipment cabinets in various configurations on those poles...

...The ZTA for Montgomery County contains almost no requirements for concealments while allowing almost every selected pole to be made taller. Residents will be totally cut out of the process...

https://bethesdamagazine.com/bethesda-beat/opinion/opinion-county-needs-smart-limits-on-rights-of-way-as-wireless-industry-hopes-for-bonanza/

Jack Smith Paying Kimberly Statham $230,500 a Year to Travel the Country Recruiting Teachers, While Simultaneously Pushing Out Teachers with ADA Accomodations.

Kimberly Statham is the third highest paid administrator in MCPS with a salary of $230,500 a year.

Only Jack Smith and Monifa McKnight make more than Kimberly Statham.  Statham's full-time job is to travel the Country recruiting high-quality teachers.  

MCPS Superintendent Jack Smith's Central Office Reorganization:  ...Data show the number of students entering teacher preparation programs has shrunk significantly over the last decade, which makes it harder for our school district to ensure each classroom has a high-quality teacher. Dr. Kimberly Statham, after seven years leading the Office of School Support and Improvement, has stepped forward to take on a new role leading this critical work for our system. As the higher education workforce liaison, Dr. Statham will use her experience leading large school systems on both coasts to visit colleges, develop strong relationships, and recruit the best and brightest students for our teacher workforce. Reporting directly to the deputy superintendent, Dr. Statham will focus on establishing relationships with colleges and universities so that, over time, MCPS will have a pipeline of high-quality teaching candidates that will serve us now and into the future. I thank Dr. Statham for taking on this work.

https://news.montgomeryschoolsmd.org/staff-bulletin/new-administrative-appointments-and-vision-for-the-future-of-mcps/

Meanwhile, back in MCPS, Superintendent Jack Smith is unable to find a way to keep a high-quality teacher on the payroll.  

https://www.wusa9.com/article/news/education/mcps-teacher-quits-covid-fears/65-51687765-8c1a-4d2f-9f58-136843355eb9

Montgomery County school teacher quitting over COVID-19 fears [Are teachers easily replaced? No teacher shortage??] @BFESPotomac @mcps @mocoboe #ADA

...Johnson is among nearly 3,000 MCPS teachers who qualified for accommodations under the Americans with Disabilities Act (ADA). However, MCPS is not allowing Johnson to continue to telework citing the "essential functions" of her position...

Test Maker To Pay $16 Million For Divulging Students’ Disabilities

A major standardized test maker has agreed to pay up and alter its practices to settle a class-action lawsuit accusing the company of illegally disclosing information about students’ disabilities.

ACT, Inc. agreed this month to settle a 2018 suit brought by students who claimed that information about their disabilities was included on score reports sent to colleges and that the information was also sold to various entities that do recruitment and marketing as part of the college admissions process.

Under the settlement, which has received preliminary approval from a judge, “ACT has agreed not to resume certain practices related to the collection and use of disability information and the process for enrolling in the Educational Opportunity Service that were the basis of this action,” according to a joint statement released by the parties involved in the litigation...

https://www.disabilityscoop.com/2020/10/30/test-maker-to-pay-16-million-for-divulging-students-disabilities/29057/

Many MCPS public schools have ADA compliance issues

...Numerous requests by The Sentinel to the school administration by both email and phone concerning the ADA report were not answered.

While no schools earned a red mark for their exteriors, 16 had egregious issues to merit a red mark concerning interior problems.

Only 7 of the 198 schools that were reviewed received a green rating for both their interior and exterior.

But even those seven were cited with problems. For instance, Briggs Chaney Middle School in Silver Spring received a green rating but has 54 items that need to be addressed.

The inside of Thomas Wootton High School in Rockville was rated green and its exterior yellow. The report lists 380 ADA problems there.

Wootton junior Catherine Contreras is well aware of many of those problems. She has emailed or spoken with county council members and school officials urging them to do something...

https://mont.thesentinel.com/2020/01/23/many-county-public-schools-have-ada-compliance-issues/

Wootton High School: 380 ADA compliance violations present within building, grounds

...ADA evaluation

The county conducted ADA evaluations for 198 schools in 2017-2018 through a private firm. In February, retired teacher Randy Alton asked for the reports to be released and after a series of filings under the Maryland Public Information Act (MPIA) procedures and several meetings, the reports were released for all the schools on Oct. 25 on the MCPS website.

This evaluation revealed Wootton’s 380 violations of the ADA. The athletic fields, stadium, school driveway, auditorium, and other major infrastructure compliance concerns did not meet the 1992 ADA provisions when major construction occurred for the Wootton expansion. “How do we go forward as a county, as a school system, as a government with all these ADA barriers?” Alton said.

Speech to Board of Education

On Nov. 7, junior Catherine Contreras spoke on behalf of the school’s special education program to the Board of Education about the need for renovations due to Wootton’s lack of ADA compliance. Contreras highlighted the ways the infrastructure causes the students in the special education program to be excluded from the student body and put in harm’s way.

For a fire drill their route consists of, instead of immediately getting a safe distance from the building, walking alongside the building and through the parking lot to the stadium, as this is the only wheelchair accessible route.

This lone wheelchair accessible exit empties out onto a relatively narrow strip of sidewalk above a steep hill of grass. Because of the lack of renovations at Wootton and a closer wheelchair accessible exit, the special education students would be forced to walk along a burning building in the case of a real fire emergency...

...The Montgomery County Government signed the settlement (mentioned earlier), but MCPS did not. It appears as though the county government is supposed to handle ADA compliance, but the ADA Compliance Team said it was the responsibility of the Board of Education. There is no one enforcing the ADA...

https://woottoncommonsense.com/2019/12/18/380-ada-compliance-violations-present-within-building-grounds/

04234 Wootton High School by Parents' Coalition of Montg... on Scribd

Breaking: Justice Department Settles with Montgomery County, Maryland, After School Program to Ensure Compliance with the ADA

The Justice Department announced today that it reached an agreement with Bar-T Year Round Programs for Kids (Bar-T), located in Montgomery County, Maryland, to remedy alleged violations of the Americans with Disabilities Act (ADA).  Title III of the ADA prohibits public accommodations, including child care centers, from discriminating against individuals with disabilities and those associated with them.  Bar-T is the largest provider of before and after school programs in Montgomery County, operating at approximately 30 Montgomery County public school locations.    

The department investigated whether Bar-T discriminated against a student with a disability, specifically Autism Spectrum Disorder (ASD), and her parents when it expelled the student on the basis of behaviors associated with ASD, without properly considering whether Bar-T staff could implement reasonable modifications to permit the student to remain enrolled.  The settlement agreement requires Bar-T to adopt a nondiscrimination policy; designate staff at each operating location to address ADA issues; implement a process for parents or guardians of children with disabilities to request reasonable modifications and for Bar-T to conduct an individualized assessment of each request; provide ADA training to staff; and report on compliance with the agreement.  Bar-T will also pay $13,500 in compensatory damages to the student and her parents.

 “Through this agreement, Bar-T is taking important steps to make sure that all children in its programs, including children with disabilities, will be given the opportunity to have a positive and successful experience in a supportive after school environment,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. 

 “Children with disabilities deserve equal opportunities to attend after school programs.  The policies Bar-T has agreed to implement will ensure that its programs provide an inclusive environment for all students,” said Acting United States Attorney for the District of Maryland Stephen M. Schenning.

To read the settlement agreement or for more information on the ADA, visit www.ada.gov.  For more information about the ADA, including how to file a complaint, call the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or access the ADA website at www.ada.gov.

https://www.justice.gov/opa/pr/justice-department-settles-montgomery-county-maryland-after-school-program-ensure-compliance

Bar-T Settlement Agreement

Publc School Arrests 10 year old with Autism for Acting Out. Child handcuffed, spends night in detention. #publicschool failure

A Florida mother filmed the arrest of her 10-year-old son as school resource deputies handcuffed him and took him away.
The boy, who has autism, is accused of battery of a school employee in Okeechobee County because he kicked a teacher last November. The offense is a third-degree felony.
His mother Luanne Haygood said her son shouldn’t have been arrested for the incident.
“It was because of his autism that spurred this incident,” Haygood told WPTV. “And he was arrested for that.”
In the video, which Haygood recorded on her cell phone, her son John Benji Haygood is heard as officers place handcuffs on his wrists.
“I don’t want to be touched. Please don’t touch me,” the boy says in the video. “I don’t know what’s going on.”
Not wanting to be touched can be a symptom of autism, according to Autism Speaks.
Haygood said watching her son be cuffed and put in a law enforcement vehicle “broke her heart.” She said the 10-year-old boy then spent the night at a juvenile facility in Fort Pierce, Florida.
Although the incident took place last year, deputies said they couldn’t serve the arrest paperwork until last week.

http://www.miamiherald.com/news/nation-world/national/article145281069.html

Read more here: http://www.miamiherald.com/news/nation-world/national/article145281069.html#storylink=cpy

 and first court appearance

http://www.wpbf.com/article/child-with-autism-arrested-in-okeechobee/9269563

SFGate: Court OKs blind student's software for bar exam

The Ninth Circuit Court of Appeals Opinion upholding the Americans with Disabilities Act regulations concerning the obligations of testing entities can be found at this link.  

Excerpt from San Francisco Chronicle article about the case:

A blind Bay Area law graduate was entitled to use computer-assisted reading devices that gave her the best chance of passing the California bar exam, a federal appeals court ruled Tuesday in a broad interpretation of disability laws.

The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco gives Stephanie Enyart another chance to use the computer equipment when she takes the exam for the third time next month.

The court also upheld U.S. Justice Department regulations that require all companies administering licensing tests - for lawyers, doctors, and other professions and occupations - to provide accommodations that best allow the disabled to demonstrate their skill and knowledge.

Those rules help to ensure that "exam results accurately reflect aptitude rather than disabilities," Judge Barry Silverman said in the 3-0 ruling. It was the nation's first court decision to address the regulations, enacted in 1992...

Happy 20th Anniversary to the Americans With Disabilities Act of 1990

This week is the 20th Anniversary of the landmark Americans with Disabilities Act of 1990 that ensures that our children and those of us with disabilities have the same access and rights to programs and services as every other citizen in the land. It prohibits discrimination on the basis of disability. President George H.W. Bush signed the act into law on July 26, 1990.

According to Wikipedia, Title II of the Law prohibits disability discrimination by all public entities at the local and state level. This includes of course, schools; playgrounds; stadiums; parks where our children play; libraries; community centers; in fact, all county government facilities. The law covers access to all programs and services. The law also covers public transportation.

And, the law covers the traffic signalization at the streets our children must cross to get to school, and to walk in our county. Interestingly, Montgomery County does not comply with the law regarding traffic signalization. Traffic lights in the county are currently set at a standard of a pedestrian crossing a street at four feet per second. However, ADA standards are 3 to 3.5 feet per second. When your blogger recently asked when the county was planning to comply with the law (which, of course is now 20 years old), Montgomery County Department of Transportation (DOT) staff told me studies would have to be completed before that could happen.

As a reminder, County Executive Ike Leggett is in charge of the DOT, which falls under the county executive’s purview. To remind Mr. Leggett that Montgomery County should follow the law of the land, please email him here. Ask him when Montgomery County is planning to comply with the ADA. Tell him to stop discriminating against people with disabilities.

Anniversary of the Americans with Disabilities Act, 2009

THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________________________
For Immediate Release July 24, 2009

ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, 2009
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

Today we celebrate the 19th anniversary of the enactment of the historic Americans with Disabilities Act (ADA). Signed into law on July 26, 1990, this landmark legislation established a clear mandate against discrimination on the basis of disability so that people with disabilities would have an equal opportunity to achieve the American Dream.
Our Nation is once again poised to make history for people with disabilities. I am proud to announce that the United States will sign the United Nations Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly in New York on December 13, 2006. The Convention is the first new human rights convention of the 21st century adopted by the United Nations, and it represents a paradigm shift in protecting the human rights of 650 million people with disabilities worldwide. We proudly join the international community in further advancing the rights of people with disabilities.
As we reflect upon the past and look toward a brighter future, we recognize that our country has made great progress. More than ever before, Americans with disabilities enjoy greater access to technology and economic self-sufficiency. More communities are accessible, more children with disabilities learn alongside their peers, and more employers recognize the capabilities of people with disabilities.
Despite these achievements, much work remains to be done. People with disabilities far too often lack the choice to live in communities of their choosing; their unemployment rate is much higher than those without disabilities; they are much likelier to live in poverty; health care is out of reach for too many; and too many children with disabilities are denied a world-class education.
My Administration has met these challenges head-on. We have launched the "Year of Community Living" to help people with disabilities live wherever they choose. We have nearly doubled the funding for the Individuals with Disabilities Education Act. I was proud to sign the groundbreaking Christopher and Dana Reeve Paralysis Act and the Children's Health Insurance Reauthorization Act, which provides health insurance to millions of additional children. I also lifted the ban on stem cell more research. These measures demonstrate our commitment to leveling the playing field for every person with a disability. My Administration will not rest on these accomplishments, and we will continue to focus on improving the lives of people with disabilities. I encourage States, localities, and communities across the country to cultivate an environment in which the 54 million Americans living with a disability are valued and respected.
Americans have repeatedly affirmed the importance of protecting the human rights and dignity of every member of this great country. Through the steps we have taken, we will continue to build on the ADA and demonstrate our ongoing commitment to promoting, protecting, and ensuring the full enjoyment of all human rights and fundamental freedoms by people with disabilities.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2009, as the Anniversary of the Americans with Disabilities Act. I call on Americans across our country to celebrate the progress we have made in protecting the civil rights of people with disabilities and to recognize the step forward we make with the signing of the United Nations Convention on the Rights of Persons with Disabilities. Inspired by the advances of the last 19 years, let us commit to greater achievements in the years ahead.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of July, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.

BARACK OBAMA