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OPENING NEW DOORS 2011-2012 REPORT TO THE COMMUNITY

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Brian DeWittPresident, Board of Directors

Virginia Knowlton MarcusExecutive Director

Financial OverviewTHEBoard and staff of Maryland Disability Law Center (MDLC) appreciate your interest inour impact, accomplishments and plans. For over 30 years, MDLC has been a

dynamic force for change and extraordinarily successful in opening the doors of opportunity forMarylanders with disabilities. A charitable 501(c)(3) non-profit organization, MDLC is the state’sProtection & Advocacy agency and a valued member of the National Disability Rights Network thatwas created by Congress in the 1970’s, initially to address rampant human rights abuses againstpeople with disabilities in large institutions. MDLC has a tremendous record of opening the doorsto freedom for people with disabilities and continues to build upon this vital progress.

MDLC’s advocacy is targeted to empowering people with disabilities and improving their lives insignificant and lasting ways. We are the only organization exclusively focused on meeting theessential legal needs of Marylanders with all types of disabilities, of all ages, statewide. MDLCworks in close collaboration with our clients and a vast array of other partners to achieve a moreintegrated and just society, where people with disabilities have equality of opportunity and are fullyincluded in our communities.

In the pages that follow, you will see only a small sampling of MDLC’s initiatives that open the doorsto self-determination, choice and dignity for people with disabilities. Our dedicated, ambitious staffare working expertly and relentlessly to prevent abuse, neglect, discrimination and other rightsviolations; and increase access to critical education, health and mental health care, transportation,

and housing opportunities; along with operating strategicallyacross multiple fronts to promote meaningful communityintegration for all Marylanders with disabilities.

MDLC has also been working hard to open new doors of ourown and establish ourselves on solid footing for the future.In April 2012, MDLC relocated its offices to the Union Milldevelopment in Baltimore, an environmentally- andhistorically-conscious urban infill project clustering nonprofitorganizations to achieve efficiencies. We are very excitedabout our new space and the opportunities it provides for usand our clients. MDLC hopes that our new location will bea source of pride for the disability community for many yearsto come.

Thank you for helping MDLC build the disability rightsmovement and open doors.

Where Our Support Comes From

How Our Funds Are Used

We Are A State-Wide Service Area

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Special Education“Samantha” is a 20-year-old blind student who has multiple disabilities and is dependent on othersfor all of her care. Sam’s parents contacted MDLC because her school believed it was unsafe tofeed her, despite evaluations that showed otherwise. Her mother was forced to go to the schoolevery day, take her off-grounds to give her lunch, and then return her to school. An Individualized

Education Plan (IEP) meeting was scheduled and theparents began to keep Sam home because of the dailystress. MDLC attended the IEP meeting with theparents, and reached an agreement to return Sam toschool and have people other than her classroomteacher trained to feed her. We also agreed that Sam’spediatrician would prepare a document outlining thesigns that warrant concern versus those that are typical“Sam characteristics” and do not warrant a visit to thehealth suite or other special attention. MDLC providedrepresentation at a follow up meeting, at which allparties agreed that Sam should move to a differentclassroom due to the lack of trust and communicationthat had developed between the teacher and the family.Sam is back at school with people who used to workwith her.

Vaughn G. LitigationAfter more than 25 years, MDLC’s systemic litigation againstBaltimore City Public Schools (BCPS) for failure to provideSpecial Education services in compliance with federal law,concluded in September 2012. MDLC remains concernedabout various issues, such as ability to successfully includestudents with disabilities, and provision of supplementaryaids and services, programmatic supports and modifications.

Another ongoing issue of concern had been BCPS’ failure toprovide instruction and related services to students withdisabilities at the time they are scheduled. BCPS wasrequired to provide compensatory services to make up forinterrupted or missed services, with some of thecompensatory services to be provided by private tutors.After learning that one of the tutors had billed for, but notprovided, thousands of hours of services to hundreds ofstudents, MDLC worked to ensure that the services wereprovided to these students.

Social Security and EmploymentMany people who receive Social Security benefitshave indicated that they would like to work, butthey fear a sudden and devastating discontinuationof the benefits or the accompanying healthinsurance. MDLC’s Social Security projectassisted beneficiaries who wanted to return to theworkforce. We accomplished this by making surepeople had accurate information about the effectof income on Social Security benefits, providingrepresentation on legal matters that presentedbarriers to employment, and working withindividuals to prevent overpayment of benefits.

The U.S. Department of Labor states that people with disabilities are significantly more likely thanpeople without disabilities to be unemployed, and more likely to be employed part-time instead offull-time. MDLC believes that all people with disabilities who want to work should have theopportunity to work at a competitive market rate.

Approximately 12% of the population identifiesthemselves as having a disability.

In Maryland that represents about 687,000 people.

We use the law as a tool to accomplishsocial change for people with disabilities.

“Thank you so much for your help. It has been a big reliefnot to worry about [my child]. That means a lot to me.”

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Helping Obtain MedicaidEssential Services (HOMES)MDLC was contacted by “Kadija’s” mother. Kadija is a13-year-old girl diagnosed with cerebral palsy, epilepsy,intellectual disability, asthma, sleep apnea and who usesa gastrostomy tube. She had received 16 hours per weekof Private Duty Nursing (PDN) services for 6 years, untilher mother decided to terminate nursing services due toconcerns with the nursing agency. The mother becameextremely ill soon after the termination and could nolonger provide PDN services. Therefore, the child’sphysician's requested nursing services through theMedicaid program, but the state denied the request.The mother contacted MDLC for legal assistance;MDLC investigated the merits of the case and providedthe mother with technical assistance in self-advocacy.Through MDLC's assistance, the mother successfully advocated for Kadija’s services to be reinstated.

Pro Bono ProjectMDLC has developed relationships withapproximately 50 private attorneys who agree torepresent people with disabilities needingassistance to resolve special education orMedicaid problems. Through our pro bonoproject, MDLC offers specialized training toprivate attorneys, and remains available to provideongoing support. MDLC also occasionallypartners with private law firms to co-authoramicus briefs or jointly represent a group. MDLCis grateful for our partnership with the private bar.

Services for People withDevelopmental DisabilitiesMDLC recently represented “Louis,” anindividual who was sent to Rosewood fromfoster care in 1961 when he was 6 yearsold. In 1978, at age 23, Louis wasdischarged from Rosewood to communityservices. A few years later, he wasdischarged from community services andbegan relying on support from former staffpeople and eventually from his worksupervisor. After his discharge, the statedestroyed Louis’ entire record except for atwo-page discharge summary. Thisdischarge summary, prepared by stateofficials, is the only documentation thatremained from his time at Rosewood andthe only documentation that described himprior to the age of 22, the age by which adevelopmental disability (DD) must have manifested for eligibility purposes. Unfortunately, theDevelopmental Disabilities Administration (DDA) staff did not find this discharge summarypersuasive and denied Louis eligibility for services as an individual with a DD. MDLCrepresented Louis in an informal hearing where the state again did not give the dischargesummary proper weight and incorrectly found him ineligible. MDLC then hired an expert toperform a neuropsychological evaluation to show that Louis does have a DD. MDLC also foundLouis’ staff from when he first left Rosewood, and learned more about the supports he needs andreceives from his current supervisor and the social worker at his place of employment. MDLCrepresented Louis at an administrative hearing, at which DDA decided to withdraw their denialof eligibility and issue a new decision placing Louis in the highest priority category, enablinghim to start receiving services quickly.

“Without a doubt, I received outstanding services during ourcrisis. MDLC is truly an extraordinary organization with caring,competent and effective advocates serving our community.”

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MDLC is helping to build a kind, compassionate and accepting society.

MDLC works on approximately 25 impact cases each year,estimated to affect 50,000 Marylanders with disabilities by

improving access to public transportation, housing, education,and health benefits; fighting institutionalization; and increasing

opportunities for full participation in community life.

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MDLC StaffDecember 2012

Management Team:Virginia Knowlton Marcus, Executive DirectorAlyssa Fieo, Director of Legal AdvocacyCharmaine Glass, Director of FinanceMeghan Marsh, Director of OperationsLauren Young, Director of Litigation

Staff:Alicia Armorer, AccountantBob Berlow, Senior AttorneyKim Berney, ParalegalLaura Cain, Managing AttorneyShari Fleming, AttorneyPamela Foresman, AttorneyMarni Greenspoon, AttorneyGayle Hafner, Senior AttorneyPat Halle, ParalegalNicole Joseph, AttorneyLauren Kallins, AttorneyCrosby King, Legal AssistantTerry Lindsey, ParalegalLeslie Margolis, Managing AttorneyTacha Marshall, ParalegalDiana Medina, HR/AccountingEbele Onwueme, AttorneyLuciene Parsley, AttorneyJacqueline Phillips, Office AssistantNancy Pineles, Managing AttorneyDavid Prater, AttorneySarah Rhine, AttorneyKathrine Smith, ParalegalTeri Sparks, ParalegalKimberly Stevens, ParalegalCathy Surace, Managing AttorneyAmy Walters, AttorneyJohn Wheeler, Paralegal

MDLC Board of DirectorsDecember 2012

OfficersBrian DeWitt, President

Vicki Finkelstein, Esq., Vice-PresidentDr. Lenneal Henderson, Secretary

Rob Stovall, TreasurerBrian Brown, Esq., Immediate Past

President

MembersKen Capone

Daniel ErchickJohn Halaby

Thomas HicksChris Jeffries, Esq.

Deana KrizanHoward Libit

Thomas Lingan, Esq.Dr. Alicia Morgan-Cooper

Dr. Ligia Peralta

MDLC sincerely thanks ourBoard of Directors for all theydo to help improve the livesof people with disabilities.

Public Service AwardIn recognition of significant public service achieve-ments that improve the lives of people with disabilities:2011 Public Service Award: Maryland Delegate

James Hubbard2012 Public Service Award: Maryland Senators Verna

Jones-Rodwell and Richard S. Madaleno, Jr.

Legal Service AwardFor providing exemplary legal service to people withdisabilities:2011 Legal Service Award:Venable LLP2012 Legal Service Award: Raymond Marshall, Esq.

Grassroots Advocacy AwardFor an advocate whose efforts have created remarkablechanges in the lives of people with disabilities:2011 Grassroots Advocacy Award: Sandra Spears2012 Grassroots Advocacy Award: Kenneth Capone

Lorraine Sheehan Lifetime Achievement AwardRecognizing a lifetime of accomplishments positivelyimpacting people with disabilities:Awarded April 2011 to United States Senator

Benjamin L. Cardin

MDLC annually hosts our Breaking Barriers gala, tocelebrate inspiring advocates who break barriers forpeople with disabilities. Our guests have enjoyedfantastic food, drink and music; mingled with fun,

interesting people; and congratulated therecipients of our Breaking Barriers achievementawards who join us in the struggle to secure legalrights for people with disabilities.

Breaking Barriers 2011 was proudly sponsored by:Presenting Sponsor: Whiting-TurnerGold Sponsors: Gallagher Evelius & Jones LLP;

Saul E. Kerpelman & Associates; McCormick & Co.,Inc.; Baltimore Sun Media Group

Silver Sponsors: Evan K. Thalenberg, P.A.;David Albright, Jr.

Bronze Sponsors: Brown, Goldstein & Levy, LLP;Chason, Rosner, Leary & Marshall, LLP;Iliff, Meredith, Wildberger & Brennan, P.C.;Law Offices of Frank F. Daily, P.A.;Mahogany, Inc.; Network Business Solutions;PNC Bank; SC&H Group;Semmes, Bowen & Semmes;Spector & Kopec; The Harbor Bank;Whiteford Taylor Preston, LLP

Raffle Sponsor: Tydings & Rosenberg

Breaking Barriers 2012 was proudly sponsored by:Presenting Sponsor: Whiting-TurnerGold Sponsors: Gallagher Evelius & Jones LLP; Saul E.

Kerpelman & Associates; McCormick & Co., Inc.;Baltimore Sun Media Group

Silver Sponsors: David Albright, Jr.; PNC Bank; W.R.Grace Foundation

Bronze Sponsors: Brown, Goldstein & Levy, LLPHogan LovellsIliff, Meredith, Wildberger & Brennan, P.C.Law Offices of Frank F. Daily, P.A.Mahogany, Inc.,Network Business SolutionsSemmes, Bowen & SemmesVenable LLP FoundationWhiteford Taylor Preston, LLP

Raffle Sponsor: Tydings & Rosenberg

Breaking Barriers Award Recipients

2011 Sponsors 2012 Sponsors

Breaking Barriers 2012 Award RecipientsBreaking Barriers 2011 Award Recipients

Breaking Barriers

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Sun Shine Folk - Nursing FacilitiesThe Sun Shine Folk (SSF) is MDLC’s group of peer mentors with disabilities who help people innursing facilities learn about their right to live in the community. In Anne Arundel County, the SSFencountered “Pedro,” who speaks very little English and reads neither English nor his native Spanish.He wanted to learn how to move into a community with Spanish speakers, and have his ownapartment, his own kitchen, and independence. The SSFreferred Pedro to the appropriate state program, but hewas not provided a qualified translator and signed aservice plan he actually did not agree with. Thetransition specialist had decided what she thought wasgood for him and instructed him how to consent to theplan.

The SSF peer mentor recognized that Pedro was headedinto another facility without knowing what it entailed orwhat his choices were. She tried to get the local countycase managers to provide him a Spanish-speakingtransition specialist so he would understand that he hadagreed to something other than what he actually wanted.MDLC verified Pedro’s options and our Latino OutreachParalegal explained them to him in precise detail. Hewas very clear about his needs and wants, and MDLCassisted him during the search to find a home in hispreferred setting.

Fair HousingMDLC represented “Marquetta”, a young mother whohas sickle cell disease and is raising three children onher own. She rents a townhouse in a rentalcommunity with a ‘no pets’ policy, although she hada pet dog, Ace, ever since she moved into thecommunity, without problems. Marquetta and hermother contacted MDLC after the townhousecommunity wrote Marquetta and demanded that sheremove Ace. Marquetta’s mother had taken the dogback to her home in New York right away, becauseshe didn’t want to jeopardize her daughter’s tenancy.Marquetta was having difficulty dealing withincreasing depression and isolation, which was impacting on her functioning. MDLC requested thatshe be permitted to keep Ace as a reasonable accommodation to her disability. Her doctor wrote aletter attesting to our client’s need for the dog as an emotional support animal. Ace also assistswith letting our client know when someone is at the door, and helps her deal with the pain sheexperiences due to her sickle cell disease. As a result, the townhouse community agreed to allowher to have the dog, and her mother brought Ace back to her the next weekend.

Outreach and TrainingMDLC staff participate in approximately 60 outreach and training events each year. We present ona variety of issues such as: understanding rights in group homes, psychiatric hospitals, institutions,nursing facilities, and residential treatment facilities; obtaining Medicaid health services andassistive technology devices; using Social Security work incentives and preventing Social Securityoverpayments; understanding voting rights and registering people with disabilities to vote; includingstudents with disabilities in school athletics; ensuring safety in the juvenile justice system; andunderstanding the special education and school discipline processes;. We attend community

resource fairs to spreadawareness of MDLC’sservices and distributehandbooks and otherpublications to help peoplewith disabilities understandtheir rights. If you areinterested in requesting aspeaker from MDLC, pleasecontact us at 410-727-6352.

“MDLC …provided me with valuable resourcesand information, and supported us throughthis process. Thank you for your help!”

We work at the direction of people

with disabilities to fight discrimination

and to expand opportunities and choice.

MDLC represents clients in each of Maryland’s 24 jurisdictions.We are truly a statewide organization.

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Children’s Mental HealthTwelve-year old Akosh had lived in a residential treatment center (RTC) for almost 7 years.

During this time, the Department of Social Services obtainedguardianship because his parents were not involved in his careand he did not have a family home to return to upon discharge.MDLC intervened due to Akosh’s length of stay in the RTC.Akosh’s medical records did not warrant his continued stay in anRTC, and even noted that his behavior was partly due to the factthat he was institutionalized for several years. MDLC met withAkosh, who expressed a deep desire to leave the RTC and bereunited with his grandmother. Unfortunately, his grandmotherwas unable to provide him with the support he needed athome. Therefore, MDLC worked to find a suitable communityplacement. Due to MDLC’s investigation and advocacy, Akoshwas finally discharged in to a therapeutic group home.

Assistive TechnologyMDLC represented 20-year-old “Lamont”, a young man with Down Syndrome and other intellectualdisabilities who was in his last year at public high school. Although he had very limited ability tocommunicate, two separate school systems failed to assess whether technology could help him.Lamont’s family contacted MDLC after noticing that he was able to independently use a smartphone to retrieve information from the Internet. MDLC advocated for the school system to assesswhether an assistive technology communicationdevice would be appropriate for Lamont. Afterseveral months he was able to obtain acommunication device that enhances his abilityto communicate with his family, friends, serviceproviders and potential employers. Imagine thedoors that have been opened for Lamont,knowing that he can now communicate withthose around him!

Public PolicyMDLC is determined to achieve the broadestpossible impact for people with disabilities.This can sometimes be accomplished bychanging laws or preventing laws fromchanging. With very limited funds availablefor legislative activity, MDLC monitorsissues that will directly affect people withdisabilities. We have successfully supportedsuch policies as access to documents for IEPmeetings, trauma informed care, and fundingfor community services. We have opposedbills that would weaken the definition of“abuse” and that would create barriers tovoting access.

MDLC staff members participate in approximately 60formal coalitions and partnerships organized around

issues that affect people with disabilities.

We are all connected via social justice, fairness, and civil rights.

“MDLC has been extremely helpful with my caseand with providing additional resources.”

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Partners in JusticeVicki FinkelsteinNancy GrasmickJohn HalabyVirginia Knowlton MarcusChason, Rosner, Leary &Marshall LLP

Gallagher, Evelius & Jones LLPSeawall Development CompanyT. Rowe PriceMaryland Legal ServicesCorporation

Foundations andCorporationsMDLC is very grateful for thegenerosity of the following donorswho support our work:

Baltimore County Bar FoundationDavid and Teresa EberhardtCharitable Fund

DLA Piper LLPFund for Change, Inc.Harry and Jeanette WeinbergFoundation

Howard County Autism SocietyJoan P. Karasik Charitable LeadTrust

John J. Leidy FoundationMarion I. and Henry KnottFoundation

Maryland State Bar AssociationMelrose FundMorton K. and Jane BlausteinFoundation

Open Society InstituteSaiontz & Kirk, PAT. Rowe Price FoundationVenable FoundationZanvyl and Isabelle Krieger Fund

Pro Bono ServicesMDLC thanks the followingindividuals and firms whodonated pro bono services:Sonja AllenDavid BachEarl W. BartgisJustin BensonMichael BesteChris BrownPhyllis BookJessica ButkeraEileen CanfieldJessica E. CharlesTodd ChasonLori Jo ChurchyardLauren ColtonMary CrawfordKatherine S. DuyerNeil EllisCourtenay FisherDomonique FlowersAndy FreemanShondell FosterRichard GibbsMichele GilmanMaryellen GleesonCarl GoldKay HanDeborah HermannKalman HettlemanScott HiaberGregory HomerPatrick HooverCatherine HulmeBrad KauffmanKristen KnappKelly KrumpePaul KurthJana LeslieBrooke Lierman

Jessica LomenzoRelinda LouisySai LuiJune MarshallChris MasonMark MazzWhitney MilesJ Archer MillerPaul NotarianniMary O’ByrneSean O’KeefeMarja PlaterArlene Prud’hommeLauren RothDoug SachseTedra ScottKenneth SilbermanRobin SilverSusan SquiresNicholas SzokolySharon TheodoreAndrea Toney-ThomasLeslie TurnerWendy VelezMichael WasickoCarl WexlerMelissa WuDiana WylesSidley Austin LLP

Individuals donating$1,000+Melanie AdamcioDavid AlbrightAlan BerlowBob Berlow and Bridget BohaczLois Blum FeinblattMichael BullisWilma CainRobb Cohen & Dr. Gail SchwartzBrian DeWitt

Daniel GahaganGary GrabowskiJohn HalabyDr. Lenneal HendersonChris JeffriesVirginia Knowlton MarcusKathrine Sullivan Kolar & Joe KolarHoward LibitThomas LinganDonald and Brigitte ManekinDr. Alicia Morgan-CooperDr. Ligia PeraltaAndrew SavyskyDaniel SchmittRobert StovallJudith WaranchStephen Whalen

Individuals donatingup to $1,000Sadia AbbasiLyn AlbizoMarjorie AndrasMichael BaileyKay BerneyKim BerneyRebecca BjorkCarrie BlandNancy BondJames BonnettSandra BrushartMichelle CarrasShaan ChimaJeffrey ClarkeMichele CrawfordAlbert DavydovCurt DeckerTim DietzRebecca DonnellanDavid DringAntonia FasanelliDarren FieldsAlyssa FieoPamela Foresman & Brian MessarisPhil FornaciCarol FriedDavid GaskinLeon GellerJamey GeorgeJ. & D. GiacomozziMartha GoodmanMarni GreenspoonFlor Gusti

David HallePat HalleJohn HirdEmily HoffmanJan Houbolt & Rachel WohlAngela HoustonWarren JosephLauren KallinsJoseph KaplanThomas KaneKevin KelehanLenna KennedyDeana KrizanFranklin LeeVictoria LevineAndrew LevyRhonda LipkinMark LooneyKathy MacartneyLaurie MantegnaMeghan MarshRoberta McCarthyJohn McMasterCamilla McRorySusan McTighePenny MinnaRichard MontgomeryDiana MorganSteve MorganAndrew MorrisonMichelle MoschellaMaureen MurphyKelli NelsonGbadebo OdumeroJames OliverTrina OsherJonathan ParnesLuciene ParsleyPamela PaulkBryan Pugh

Katherine RagusaJohn ReyboldJohn RobertsGerald RosenbergSteven RossRichard RubinJoy Sakamoto WengelP. SandlerChad Schneider & Nicole JosephLeslie Seid MargolisJason ShapiroRussell ShewSam ShrenselMary SlicherSamuel SmithEd and Theresa SparksSandra SpearsWayne SteedmanRobert SteinheimerKim StevensCarl SummersNicholas SzokolyDena TerraWilliam WaldmanChristiane WalkerAmy WaltersCharles WaltonRichard & Marilyn WaranchLyn WatnerCarl WexlerJohn WheelerPriscille Wilson MiltonBarbara ZerolnickCarol Zuckerman

Every attempt was made toensure the accuracy of this listreflecting information throughDecember 2012. Please contactMDLC if we have made an error.

Thank youCapital CampaignIn early 2011, MDLC launched its first capital campaign to support our move to historic Union Mill.

“Partners in Justice” who donated $3,000 or more to our capital campaign received an engraved baron a plaque that will forever welcome those who enter through our new doors at Union Mill. Formore information about the capital campaign, or to make a contribution, please contact MDLCExecutive Director Virginia Knowlton Marcus at 410-727-652 ext. 2482.

Leave a Bequest to MDLC

We envision an inclusive society that gives people withdisabilities equal opportunity to participate and make theirown choices. Despite our vigorous efforts, we realize thisvision won’t happen in our lifetimes. Create a legacy forchange by leaving a bequest to MDLC to continue our work.For more information contact MDLC Executive DirectorVirginia Knowlton Marcus at 410-727-6352 ext. 2482.

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Maryland Disability Law Center1500 Union Avenue, Suite 2000

Baltimore, Maryland 21211

Phone: 410.727.6352 • TTY: 410.235.5387Toll Free: 800.233.7201 • Fax: 410.727.6389

www.mdlclaw.org

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OPENING NEWDOORS2011-2012 REPORT TO THE COMMUNITY