March 2020 - South Carolina Legal Services

Public Benefits During a Pandemic

March 29, 2020 South Carolina Legal Services Comment

Food and Medical Resources for the Most Vulnerable Among Us.

For the first time in over a century, the US is facing a global pandemic on a scale large enough to disrupt normal, daily activities and routines. We have largely been able to go on with business as usual through SARS, MERS, H1N1, and other pandemics that have emerged in the last two decades. Currently, the US and the world is battling the COVID-19 virus. For many of us, this is a stressful time, filled with annoyances. For the most vulnerable among us who live on the brink of food insecurity, this is much more than a mere inconvenience or disruption of daily life.

The School Nutrition Association predicts that 11 million children (1 in 7) across the United States live in households that do not have access to adequate food on a consistent basis. For these children, school meals provide a valuable source of nutrition. As schools across the country close to prevent further spread of COVID:19, the US Department of Agriculture and local districts nationwide are developing ways of getting food to the children most in need. The South Carolina Department of Education oversees the implementation of the School Nutrition programs across the state of South Carolina. Many local districts are implementing a modified version of their seamless summer feeding. The program usually requires that meals be consumed on site; however, the USDA is granting waivers to provide the meals to be picked up or delivered to students in need. These meals are free to all children age 18 and under. You can get more information here about how to access these meals. Local school districts are the also a great source of information.

The US Department of Agriculture has also implemented other emergency measures to ensure that the needs of the food insecure can continue to be met during this public health crisis through its other Food and Nutrition Services: SNAP, WIC, and a wide variety of Food Distribution Programs. Many of the measures can be implemented by states without further USDA approval. The South Carolina Department of Social Services is responsible for implementing SNAP and no additional information is

currently available on their website regarding any changes in procedure for the SNAP program. The South Carolina Department of Health and Environmental Control administers the WIC program. There are presently no updates as to changes to the normal operation of this program on the DHEC website. Presently, there are no state office closures across the state. Our Public Benefits Unit will continue to monitor any changes that impact these programs and provide updates as the situation develops.

Medicare provides medical coverage for those most at risk of developing serious complications from COVID:19—the elderly and those with chronic medical conditions. Information has been released by the federal government that Medicare will pay for testing for COVID:19 and any resulting hospitalizations or medical treatments. Those with Medicare Advantage Plans have access to the same benefits, and Medicare is allowing these plans to waive cost-sharing for the COVID:19 lab tests.

Medicaid is administered by the South Carolina Department of Health and Human Services for the benefit of qualifying, low income South Carolinians. There are several waivers available to state agencies who administer Medicaid during this current public health emergency. Individuals who have flulike symptoms should try to use the telemedical resources available for free through MUSC for screening purposes rather than going to local emergency departments unless symptoms are severe. The MUSC Virtual medicine screenings are FREE for all South Carolinians with the code COVID19. The website is: www.muschealth.org/virtual-care. Those with questions about using the service should call 843-261-5940.

Tips For Students With A Learning Disability

March 29, 2020 South Carolina Legal Services Comment

March is Learning Disabilities Awareness Month. If you are a parent/guardian of a student who might have a learning disability, the Education Unit at SCLS would like you to know the following:

– A child with a “specific learning disability” is entitled to free special education services at their home school district.

– If your child is consistently underperforming on state tests and/or is struggling in basic subjects like math or English Language Arts, they might have a learning disability.

– To be classified as having a “specific learning disability” or “SLD”, you must first request the school district to test or “evaluate” your child

o The request should be done in writing.

o The request should explain why you want the evaluation – namely, that you believe your child has a learning disability and qualifies for an Individualized Education Program or “IEP”

o The request should have the student’s name, date of birth, school, as well as the parent/guardian’s information

o If you would like assistance with drafting this request, apply for our services. If you qualify, WE CAN HELP!

– In most cases, prior to an evaluation, the school district will place your child in a “Response to Intervention” or “RTI” program. In RTI, your child will receive some special instruction to try and get them caught-up and performing at their grade-level.

o If your child responds well and begins to perform at their grade-level, GREAT! It is likely they do not have a learning disability.

o If your child does not respond well, and continues to perform poorly at school and/or on state tests, you should insist on moving forward with the evaluation

– The evaluation is technically called a “psychoeducational evaluation.” It’s performed by a school psychologist at your child’s school over the course of a few days. You will have to sign some paperwork to authorize the test.

o The school district has 60 days to complete this evaluation. There is no exception for holidays or summer break.

– Once the evaluation is complete, the school district will invite you to a meeting to review the results.

o If the school district believes your child has a specific learning disability, the team (which includes you!) will then develop an IEP (Individualized Education Plan) to address your child’s needs. Specifically, the team will develop goals for your child and explain the amount of special education time they will need to complete those goals.

o If the school district does not believe your child has a specific learning disability, and therefore does not qualify for an IEP, you have the following options:

§ Insist on further RTI “(Response to Intervention”) services.

§ Request an Independent Educational Evaluation (IEE) of the school, in writing. An IEE is an evaluation done by a qualified professional who is not employed by the school, and who you get to choose. The school district will have to pay for this evaluation.

§ Hire an attorney, including applying for our services. If you qualify, WE CAN HELP!

The Education Unit at SCLS is always here to help qualified parents/guardians with their education-related programs. If you need some basic advice, apply! If you need someone to explain the process, or your options, apply! If you believe you need to file a lawsuit against the school district, apply! You can apply for help by calling 1-888-346-5592 or online at https://www.lawhelp.org/sc/online-intake.

5 Simple Facts About the Fair Housing Act

March 29, 2020 South Carolina Legal Services Comment

1. History

The Fair Housing Act (“FHA”) was enacted during the Civil Rights Movement following the assassination of Dr. Martin Luther King, Jr. on April 5, 1968. This is why April has been designated as the month when we remember the FHA. It is a federal law, intended to limit discriminatory practices in the sale and rental of housing and ensure equal access to homeownership, regardless of class.

The states have adopted similar acts. In 1989, South Carolina adopted the Fair Housing Law (S.C. Code §§ 31-21-10, et. seq), and it largely parrots the language of the FHA.

The FHA covers most housing, however, some groups may be exempt, such as, Single-family homes that are rented or sold without using a broker; Owner-occupied homes with no more than four units; Members-only private clubs or organizations.

According to the U.S. Department of Housing and Urban Development (HUD), examples of discriminatory practices include: imposing different prices for the sale or rental of a dwelling; delaying or failing to perform maintenance or repairs for certain renters; or limiting privileges, services, or facilities of a dwelling because of certain characteristics a person might have. People who share a characteristic covered by the FHA are members of what are called “protected classes.”

2. Protected classes

The FHA promotes our national policy that discrimination in housing based on certain characteristics is abhorrent to a civilized society. Thus, the Act protects members of seven classes – race, color, religion, national origin, sex, disability and familial status.

In its original form, The Fair Housing Act of 1968 prohibited discrimination in housing based only on race, religion, national origin or sex.

In 1988, Congress passed Amendments to the Act which expanded the law to prohibit discrimination based on disability or on family status.

We can get a better understanding of the Act by taking a closer look at how it functions in specific areas. Let’s take a closer look at how the Act protects families and persons with disabilities.

3. Familial status

Unless a building or complex qualifies as housing for older persons, the landlord may not discriminate based on familial status. That is, she may not discriminate against families in which one or more children live with a parent or someone acting as a parent. Familial status protection also applies to pregnant women.

Some examples of protections of this class would include: A person cannot be evicted from housing because they have a child; Families cannot be restricted to one area of a building or complex; and, rules cannot unfairly target children such as, a landlord cannot forbid children from a common area that adults are permitted use. Advertisements cannot state that children are not wanted or that the property is restricted only to adults (unless it’s seniors-only housing).

4. Reasonable accommodations

The FHA is the core law ensuring that disabled individuals have access to housing enabling them to enjoy housing to the same extent as a non-disabled person. The Act requires all “covered multifamily dwellings” designed and constructed after March 13, 1991, to be readily accessible to and usable by persons with disabilities.

Some of the accessible features required by the Act include; 1. Accessible building entrance on an accessible route. 2. Accessible and usable public and common use areas. 3. Usable doors. 4. Accessible route into and through the covered dwelling unit. 5. Light switches, electrical outlets, thermostats and other environmental controls

in accessible locations. 6. Reinforced walls for grab bars. 7. Usable kitchens and bathrooms.

If someone has a disability that substantially limits one or more major life activities, the landlord may not refuse to let them make reasonable modifications to the dwelling or common use areas, at the tenant’s expense. And the landlord may not refuse to make reasonable accommodations in rules, policies, practices or services if necessary, for the disabled person to use the housing.

Examples: A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog. An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment so she can have access to her apartment.

5. Federal Enforcement of Fair Housing

The Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act.

If you believe that you are a victim of housing discrimination, you can file a complaint with the HUD. Fair housing complaints can be filed online, or via email, phone or postal mail. Because there are time limits on when a complaint can be filed with HUD after an alleged violation, it’s important to submit a complaint as soon as possible after the incident. You can find more information about the complaint process here: https://www.hud.gov/program_offices/fair_housing_equal_opp