Legal Question in Disability Law in Massachusetts
Discrimination of Special Needs Children
We have opened a new non for profit school for children who are diagnosed with autism and secondary psychiatric disorders (e.g., bi-polar). We have leased space in a residential area, in a house that has been leased to a non for profit since 1982 for early childhood. The neighbors have formed an association to ''keep the autistic kids'' off their street. It has become complicated but my three major concerns are:
Does the law protect these children from harrassment? Blocking the intersection so their buses can not have easy assess to the street. Staring and or yelling at the students.
Does the law protect the school from harrassment that is interfering with the school's ability to function, filing claims with state agencies (one of many examples: EPA) for wetlands (to delay the school additon) when they state the intent is ''usage'' to keep the ''autistic kids off their street'', town imposing restrictins that have not been imposed on other entities because they feel they are under ''a microscope'' or to ''get the neighbors off their back''.
Is their any protection when a non=profit special needs school is targeted to shut them down?
3 Answers from Attorneys
Re: Discrimination of Special Needs Children
Yes the law protects your children from this type of harassment. Contact the police and the Massachusetts Commission Against Discrimination
Re: Discrimination of Special Needs Children
You have rights - and so do those kids. You need a lawyer - and it sounds like you're going to need to go to court to deal with these issues.
Re: Discrimination of Special Needs Children
The school has rights which must be protected and you will need an attorney to do so, however, your need for an attorney will greatly increase as the citizens attempt to attack your students and school will valid legal challenges such as wetland issues, etc., don't wait until it's too late.
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