BY Ed Zetlin & Mark Friese
TION LENS
LEGISLA
The Legal Side of Traveling with a Special Needs Child
M
any of you may have read about the
15-year-old autistic child from Portland, Oregon who was traveling with
her parents on a major airline and was asked to
depart the plane due to behavioral issues. As a
parent of a nineteen-year-old son who is autistic, the scene was frightening and sad. We all
know how the emotional “tipping point” of our
kids can be tricky to manage and predict. This
may be particularly true when you are in an
unfamiliar environment.
As the summer is approaching, I thought it
might be helpful to review your rights as a
passenger with a disability or someone traveling with a family member with a disability.
The Department of Transportation has some
guidelines summarized under Title 14 CRF Part
382. They basically state that an airline may not
refuse transportation on the basis of a disability,
nor may they require advanced notice that a
person with a disability is traveling. In addition,
airlines may not limit the number of persons
with a disability on any flight. Can you imagine
a plane full of young people with autism for the
first time? As my son would say, “that would be
awesome.”
Mandatory training is required for both airline
and contract personnel who deal with the traveling public. Airlines are required to make available specially-trained“complaints resolution
officials” to respond to complaints from passengers; these officials must respond to written
complaints.
I also thought it might be helpful to list some
traveling-with-autism tips.
• Take small steps. Taking short trips to pre-
dictable, familiar locations can help alleviate
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ZOOM Autism through Many Lenses
anxieties.
•
Plan ahead. Pictures, written descriptions
and videos of what lies ahead on the trip
may relieve anxiety. Let any necessary staff
know that you have a person with special
needs with you in advance.
• Ensure that the location is safe. Contact a
concierge service or guest services represen tative that might be able to grant you ad vanced passes or special entry times to avoid
crowds.
• Think about sensory issues. Travel with
headphones, a favorite toy for comfort in
bed, and tactile-friendly clothes.
•
Plan your meals. Research whether or not the
location you are visiting has food that is
friendly for your child. Consider renting a
refrigerator for the room to house gluten-free
treats.
• Pack the essentials. Don’t forget soothing
items, books, iPad, etc. (Don’t forget the
chargers!)
Safe travels!
Edward Zetlin has a solo practice in the areas of elder &
disability law, guardianship/conservatorship, public benefits,
estate planning and estate administration. He serves on the
Northern Virginia Autism Association Board and is an
Adjunct Professor of Law at the Washington College of
Law of American University.
Mark Friese is the founder of Special Needs Financial Advisors,
based in Washington, D.C. With over 100 years of combined
experience, they help to navigate the many aspects of planning
with special needs family members.