Product Description

Recent updates:

• Update: August 2021

  Dear Subscriber:

  Thank you for augmenting your library with the 2021 edition of Legal Rights of Individuals with Disabilities . This latest edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this edition include

  • the scope of employment protections under the Americans with Disabilities Act (ADA) and Chapter 151B of the Massachusetts General Laws;

  • reasonable accommodations in housing, including circumstances involving service animals, hoarding, parking, communications, soundproofing, transfers to other units, and scheduling of rent;

  • a Supreme Judicial Court opinion defining educational use for purposes of zoning exceptions under the Dover Amendment;

  • a U.S. Supreme Court opinion on the scope of a free appropriate public education and recent statistics on the decisions of the Board of Special Education Appeals;

  • amendments to the Rehabilitation Act of 1973, including Title IV of the Workforce Innovation and Opportunity Act, and detailed discussion of individualized plans for employment and limitations on the use of subminimum wages;

  • extensive updates regarding health care access for individuals with disabilities;

  • developments in law and practice affecting engagement in a wide range of public services, programs, and activities, including participation in educational programs, community activities, and postrelease programming for parolees;

  • implications of COVID-19 for employment and public accommodations practice;

  • emerging disability-related issues involving Internet activities, peer-to-peer services in the sharing economy, and auxiliary aids and services;

  • new federal regulations on the use of service animals in air transportation;

  • the introduction of a comprehensive overhaul to the mental health system in Massachusetts;

  • case law on the "likelihood of serious harm" and "least restrictive alternative" standards applicable to involuntary commitment decisions;

  • options available to inpatients in mental health settings and to patients receiving mental health services in the community;

  • a wide range of changes affecting individuals with developmental disabilities, including program eligibility, scope of services, positive behavioral supports, and limitations on restraint;

  • procedures applicable to guardianship under the Massachusetts Uniform Probate Code; and

  • standards governing awards of attorney fees in disability-related litigation.

  We trust you will find this latest version of Legal Rights of Individuals with Disabilities an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Employment Discrimination

Buy Chapter

Thomas P. Murphy, Esq., Disability Law Center, Inc.

Chapter 2 expand

Housing Rights

Buy Chapter

Richard M. Glassman, Esq.,
Deena Zakim, Esq., Harvard Legal Services Center Housing Clinic

Exhibit 2A

- Reasonable Accommodation Buy Form

Exhibit 2B

- Standard-Setting Agencies Buy Form

Exhibit 2C

- Complaint Resolution Process Buy Form

Exhibit 2D

- The HUD Administrative Complaint Process (for the Federal Fair Housing Act) Buy Form

Exhibit 2E

- Chapter 151B Enforcement Buy Form

Chapter 3 expand

Enforcing Fair Housing Rights to Live in the Community of Choice

Buy Chapter

Matthew Steele, Esq., Disability Law Center, Inc.

Exhibit 3A

- Legal Tools to Remove Fair Housing Barriers Buy Form

Chapter 4 expand

Special Education

Buy Chapter

Jodi M. Guinn, Esq.,

Exhibit 4A

- Special Education Eligibility Flow Chart Buy Form

Exhibit 4B

- Sample IEP Buy Form

Exhibit 4C

- Transition Planning Form Buy Form

Exhibit 4D

- Placement Consent Forms Buy Form

Exhibit 4E

- IEP Transition Guidance Buy Form

Exhibit 4F

- Indicator 13 Buy Form

Exhibit 4G

- Sample MDR Form Buy Form

Exhibit 4H

- Evaluation Consent Form Buy Form

Chapter 5 expand

Vocational Rehabilitation Services and Other Work-Related Issues

Buy Chapter

Exhibit 5A

- Questions and Answers from Rehabilitation Services Administration Re: COVID-19 Buy Form

Exhibit 5B

- WHD Fact Sheet #39H: The Workforce Innovation and Opportunity Act and Limitations on Payment of Subminimum Wages Under Section 14(c) of the Fair Labor Standards Act Buy Form

Exhibit 5C

- Questions and Answers: Section 511 of the Rehabilitation Act—Limitations on Use of Subminimum Wage Buy Form

Chapter 6 expand

Health-Care Access: MassHealth, Medicare, and Mental Health Parity

Buy Chapter

Andrew L. Bardetti, Esq., South Coastal Counties Legal Services/Hyannis
Linda L. Landry, Esq., Disability Law Center, Inc.
Nancy J. Lorenz, Esq., Greater Boston Legal Services
Donna M. McCormick, Esq.,

Exhibit 6A

- Information on CommonHealth Deductible Buy Form

Exhibit 6B

- 2021 Original Medicare Costs Buy Form

Exhibit 6C

- 2021 Medicare Part B Income-Related Premiums and Part D Income-Related Premium Adjustments Buy Form

Exhibit 6D

- Medicare Part D Cost Sharing for 2021 Buy Form

Exhibit 6E

- Medicare Appeals Process Comparison Chart Buy Form

Exhibit 6F

- The 2021 QMB, SLMB, and QI Programs Buy Form

Chapter 7 expand

Ensuring Equal Access to Public Services, Programs, and Activities

Buy Chapter

Richard M. Glassman, Esq.,

Exhibit 7A

- Summary of Laws Prohibiting Discrimination Buy Form

Chapter 8 expand

Ensuring Equal Access to Public Accommodations

Buy Chapter

Thomas P. Murphy, Esq., Disability Law Center, Inc.
Svetlana Uimenkova, Esq., Disability Law Center, Inc.

Exhibit 8A

- Summary of Laws Prohibiting Discrimination Buy Form

Chapter 9 expand

Access to Transportation

Buy Chapter

Michael J. Muehe, Cambridge Commissions for Persons with Disabilities

Chapter 10 expand

Involuntary Civil Commitment

Buy Chapter

Chapter 11 expand

Rights in Inpatient Mental Health Settings

Buy Chapter

Jennifer Honig, Esq., Mental Health Legal Advisors Committee

Chapter 12 expand

Mental Health Services in the Community

Buy Chapter

Ginger Gates, Esq.,

Chapter 13 expand

Advocacy for Community Services for Individuals with Developmental Disabilities

Buy Chapter

Chloe Cable, Esq.,
Jacqueline Marie Hubbard, Esq.,
Hillary J. Stanisz, Esq., Disability Law Center, Inc.

Chapter 14 expand

Adult Guardianship, Conservatorship, Substituted Judgment, and Alternatives

Buy Chapter

Robert D. Fleischner, Esq.,

Chapter 15 expand

Obtaining Attorney Fee Awards

Buy Chapter

Tatum A. Pritchard, Esq., Disability Law Center, Inc.

Exhibit 15A

- Outline of Affidavit of Attorney Seeking Attorney Fee Buy Form

Exhibit 15B

- Outline of Affidavit of Attorney Supporting Reasonableness of Fee Claim Buy Form

Exhibit 15C

- Motion for Award of Attorney Fees, Litigation Expenses, and Costs Buy Form

Editor(s)

Author(s)