Legal Rights and Considerations for People with Cerebral Palsy

Legislation, laws, regulations and guidelines have been instrumental in creating opportunities for people with cerebral palsy. This article will provide an overview of cerebral palsy and the legal considerations that come with it. The 'undue financial and administrative burden' standard does not contain any clear financial evidence. This section should not be interpreted as encouraging, prohibiting, restricting, or authorizing testing for illegal drug use.

After careful consideration, the Department has agreed that due to the prevalence of ADHD but the lack of public understanding of the condition, including ADHD among the examples set out in articles 35,108 (b) (and 36.105 (b)) will provide adequate and useful guidance to the public. The term “in relation to a wheelchair” in factor 1 of the NPRM raised some concern because the same legal regulations that apply to wheelchairs apply to other motor-powered mobility devices. Advocacy groups have expressed concern that small entities would incur significant indirect costs under the final rules for accessibility consultants, legal advice, training and the development of new policies and procedures. One commentator argued that the Department should use the “last building permit” or the start of physical construction, whichever comes first, and stated that “altering a design after a building permit has been issued can be an excessive burden.” The proposed regulatory text also included brief explanations of the meaning of the main terms, clarifying that in appropriate cases it might be useful to consider, compared to most people in the general population, the conditions under which a person performs an important vital activity; the way in which a person performs an important vital activity; or the time it takes a person to perform an important vital activity, or during which they can perform an important vital activity.

They also argued that allowing the use of many of the other energy-powered mobility devices contemplated, especially those that run on fuel, would fundamentally alter the programs, services or activities of public entities. The Department is also updating or modifying certain provisions of existing Title II regulations to be consistent with Title III regulations and in accordance with the Department's legal and practical experiences in applying the ADA. Instead of a valid state-issued sign or parking card for the disabled, or a proof of disability issued by the state, public entities will accept as a credible guarantee an oral statement which does not contradict it with an observable fact that the other motor-driven mobility device is being used for a mobility disability.For example, a person with learning disabilities may achieve a high level of academic success but may nonetheless be substantially limited in one or more of life's major activities such as reading, writing, speaking or learning due to additional time or effort they must devote compared to most people in the general population. If a person with a mobility disability does not have such a sign or card, or a proof of disability issued by the state they can submit other information that serves as a credible guarantee of their mobility disability.

Paragraph 35.131 (c) clarifies that it is not a violation of this part to adopt or administer reasonable policies or procedures to ensure that a person who previously participated in illegal drug use is not currently participating in illegal drug use. In other words, an addict cannot use their addiction as a defense against an action based on illegal drug use.In making this determination public entities must consider factors such as type, size, weight, dimensions and speed of device; volume of foot traffic in facility; operational and design features; whether device conflicts with legitimate safety requirements; and whether device poses substantial risk of seriously damaging immediate environment or natural/cultural resources or conflicts with federal laws/regulations for management of Lands. It prohibits denial of health services/services provided in connection with rehabilitation of drug addicts to person on basis of current illegal drug use if person is entitled to such services for other reasons.The ADA also provides protection against discrimination based on disability. This means that people with cerebral palsy have certain rights when it comes to accessing public services and facilities.

It is important for people with cerebral palsy to be aware of their rights so they can ensure they are treated fairly and equally.