Legal Question in Disability Law in Massachusetts
Do public institutions have to make reasonable accomadations for the minor child
I am an advocate for a woman with multiple sclerosis. She is unable to ambulate outside of her apartment with out assistance. She is the single parent of a 5 year old son who attends the public schools. Her son has been unable to attend school on a regular basis because it is required that a parent drop off and pick up the child at the bus stop. However the bus stop is 4/10 of a mile from her apartment. I have contacted the school and the school department to try and arrange alternative transportation, but they are not cooperating. The only solution they have to offer is that the parent sign a release form allowing the child to walk by himself. The parent is not comfortable with this for safey reasons. Does the school have a legal obligation to provide alternative transportation for this child??? Thank you!!!!
1 Answer from Attorneys
Re: Do public institutions have to make reasonable accommodations for the minor
Interesting case. I had an MS case. Client on
international flight (which invoked Warsaw Convention).
Airline destroyed his Amigo scooter (wheelchair substitute for traveling).
There was notice he was handicapped. I pled
several theories, including A&B, on the grounds
that destroying the Amigo (even though it was in the cargo area when it was destroyed . . . and he was in the passenger section)
was equivalent to
breaking the knees of an able-bodied person.
The result was the same: lack of mobility.
The case had been remanded to DistCT because of Rule
29. Yet, we came out of district with $95,000
plus 93A damages (raised eyebrow, etc.). Have
some nice supporting cases. Have to dig them out.
Soooooo, you can argue the CHILD is handicapped
because he is DEPENDENT on the mother for his mobility and safety
as was my client dependent on the Amigo.
Without his mother, he lacks the moblity and safety of the other cildren who have able-bodied mothers.
I assume there is no dad or other adult in the
picture.
Barbara C. Johnson
978-474-0833
http://falseallegations.com
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