HELENA, Mont. -- While traditional guardianship for an individual can be necessary, it also can restrict the choices they make in their lives. In Montana, a movement is afoot to provide less limiting options.

Most of the folks under guardianship have disabilities or are older.

Theresa Baldry, transition program coordinator for the Rural Institute for Inclusive Communities, said this approach doesn't always allow for people to grow over time.

She explained one alternative, known as "supportive decision-making," asks what kind of support a person needs.

"Where are you at on this?" Baldry asked as an example. "How are you doing with this? Do you believe you need help? Do those around you believe you need some help, and if so, how can we do this so that you still have control and choice in your life, but you find success in these areas?"

Baldry described there are other alternatives to guardianship, such as advocacy forms that lay out how a person wants to interact with others; giving someone power of attorney; and a "special needs trust" for safely keeping a person's finances.

She added people can get creative and look at what's available in their community to support an individual.

Baldry noted the Montana Legislature could codify supportive decision-making, and other less restrictive guardianship options, into law this session.

"The other piece with that is to recognize less restrictive options," Baldry suggested. "And not only recognize them, but to consider them first, before we put someone under a guardianship and remove their rights."

For people with disabilities, Baldry cautioned overly restrictive guardianship can remove the dignity of taking risks and learning from mistakes, because the person isn't able to make choices on their own.

"When we include you, it lifts you up," Baldry remarked. "And that's, to me, one of the beauties of supportive decision-making; you have regular communication, and you expect to have support so that you can be successful."

October is National Bullying Prevention Month, and one Nevada father is speaking out after his special-needs son endured a traumatic incident.

Jeremy Anderson, a board member with the Down Syndrome Organization of Southern Nevada, said a year ago, his 17-year-old son was one of two male students with Down syndrome who were "corralled into a bathroom stall" by six peers and encouraged to kiss. The encounter was recorded and later shared on social media. Anderson said these events leave significant and lasting impacts. According to Stopbullying.gov, children with disabilities are at an increased risk of being bullied because certain factors leave them more vulnerable. Anderson later said his son told him he participated in the act because he wanted to feel a sense of acceptance and belonging.

"He did it because he wanted to hear them laugh, and I think that is the saddest part," Anderson said. "My son did this because he thought these kids would think that he was doing something for them at his own expense."

The event has been difficult for his son and family to grapple with, the elder Anderson said. He is calling for people to treat those with disabilities with more kindness, and added the kids who bullied his son "got a slap on the wrist." He said not only does more need to be done to hold bullies responsible, but the institutions where these incidents are happening should also be held to account.

Peter Whittingham, board chair of the Down Syndrome Organization of Southern Nevada, said bullying has undergone what he calls a transformation. It is no longer just physical, he said, but also involves deeper emotional and psychological impacts, in part because of social media.

Whittingham says many who are part of the school-age population, in his words "exploit the lack of comprehension and inability to make coherent decisions" of those with disabilities. While the state of Nevada does have anti-bullying laws on the books, Whittingham and others are calling on policy makers to find better solutions to mitigate events like this from happening.

"It is time for legislation to be enacted that provides for significant consequences, not just adding in stricter sanctions, but penal consequences for individuals who bully persons from the disability community to the extent that it creates significant emotional trauma."

Whittingham added as a parallel example, there are current laws that take into account the inability for infants and children to make decisions and say "no." He argues a similar approach needs to be taken to protect those with disabilities. If you witness bullying, you can report the incident to a school administrator or at SafeVoiceNV.org, or call the 24-hour hotline at 1-800-216-7233.

In Michigan and across the country, nearly 25% of the population encounters challenges in voting and accessing the polls.

The Carter Center and Detroit Disability Power audited 261 polling locations in metro Detroit last election, and found just 16% of them fully accessible.

Dessa Cosma, executive director of the group Detroit Disability Power, said many polling locations do not have accessible parking, a ramp, clear signage, accessible doors or a direct travel path even just to enter the building. Once inside there are further challenges.

"No wheelchair-height voting booth or no functional voter access terminal which is the accessible voting machine that is required by law to be available and usable at all poling locations in the country," Cosma pointed out.

Cosma noted people with disabilities need to be able to engage in democracy. One of the first steps to being able to help them participate is to make sure they can get to a polling place and vote.

Accessibility challenges lead to stories about voters going to the polls and having to turn back because either they could not get in or could not access a ballot. Groups advocating for accessible voting want to spread awareness about how detrimental lack of access is to communities.

Cosma acknowledged the policies are clear voting locations meet the needs of all voters, but enforcing those rules is equally important.

"That is where clerks and other election officials really come in because it's their responsibility to make sure that all the polling locations are meeting the requirements of the law," Cosma asserted. "We're here to help them implement the best practices for making sure their polling locations are accessible and that many of the things that they need to do are not that hard and are certainly not that expensive."

Cosma added simple changes like clearly marked accessible parking, ensuring the accessible door to the building is unlocked even if it's not the primary entrance, making sure every precinct has a wheelchair height voting booth, and all accessible voting machines are maintained, plugged in and turned on.


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A recent report finds only around 31% of New York City public schools are disability accessible.

The report, from Advocates for Children of New York, finds districts with a majority of schools not compliant with the Americans with Disabilities Act are in Brooklyn, Queens and The Bronx.

Sarah Part - senior policy analyst with Advocates for Children of New York - said the group is looking for the DOE to invest $1.25 Billion in accessibility upgrades during their next capital plan.

But, she noted that the money will only go so far.

"So, it'll take some of those buildings to full accessibility or to a much higher level of partial accessibility," said Part. "They might not be perfect, as far as ADA compliance, but there'll be a legitimate educational option for a student who has a typical disability or a teacher or a staff member who uses a wheelchair and wants to work there."

In the 2020-2024 capital plan, the city dedicated $750 million for these upgrades. Once that funding ends in 2024, more than one-third of schools will be fully accessible - with only one district having half of all schools accessible.

This proposed funding will help bring an estimated 150 to 200 buildings into complete accessibility by 2029.

While this might be somewhat expensive, Part said this money will make up for the lack of investment taken after the passage of the ADA. She describes other challenges which could come up.

"I know with widespread inflation and construction costs have been rising," said Part. "That makes it more difficult for the school construction authorities to do such projects. Some buildings are quite old, and it's also just like the city's school system is so massive and sprawling, the scale of the problem is just really huge."

Part said she is glad about the progress that's been made already, noting there's still a lot of work that needs to be done.

She said she hopes to see all these school upgrades done in time for the 40th anniversary of the ADA in 2030.




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