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The Arc Responds to House Passage of Americans With Disabilities (ADA) Education and Reform Act

Washington, DC – Today, the House of Representatives passed HR 620, the Americans with Disabilities (ADA) Education and Reform Act, a bill that would create additional requirements for filing lawsuits under the ADA. The Arc released the following statement in response to the passage of the bill:

“Individuals with disabilities have faced decades of discrimination, abuse, segregation, and neglect which the ADA was designed to help counter. This sham of a bill weakens the civil rights protections people with disabilities rely on and undermines the opportunities for inclusion made possible by the ADA. The disregard that the authors and supporters of this bill have shown for people with disabilities is an assault on civil rights and an attack on citizens with disabilities.

“Our nation leads the world in respecting and valuing the lives of people with disabilities, fighting tirelessly to promote their rights through landmark legislation like the ADA. This bill is the first step in a dangerous direction and it is unknown where it may lead us. To erase decades of progress is a shameful betrayal of our nation’s values. While there is not a Senate version of this bill yet, we call on our Senators to do the right thing and oppose any attempts to roll back the protections of the ADA. They are our last line of defense against this attack on the civil rights of individuals with disabilities in America,” said Peter Berns, CEO of The Arc.

If HR 620 becomes law, a person with a disability who is denied access to a business would have to send a letter notifying the business that it is inaccessible and out of compliance with the ADA. The business would then have 60 days to respond and 120 days to make “substantial progress” toward fixing the problem. Only if the business failed to acknowledge the notification or make substantial progress in fixing the violation, could the business be sued. This shift in responsibility for a law that has been on the books for more than 27 years is unacceptable. Complicating and lengthening the notification requirement, thereby restricting the rights of all people with disabilities to have the ADA enforced, further delays their access to and participation in their communities.

HR 620 was drafted in response to concerns about a small number of individuals who have filed ADA lawsuits for financial gain. It is important to note, however, that no monetary damages are available under the ADA; rather, damages are provided under state laws. Thus, HR 620 simply does not solve the problem it is intended to address. It’s only real impact is to dissuade and delay people with disabilities from enforcing their right to be free from discrimination. Excessive lawsuits filed for attorney fees should be addressed through other means aimed at the unscrupulous attorneys involved, not by diminishing the rights of people with disabilities.

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The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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It’s Peanut Butter Jelly Time!

Have volunteer activities gotten stale? Donating and shelving canned goods at food pantries or making and delivering meals are fun and meaningful activities that work so well that we seldom think outside the (donation) box. However, the time is always right to put a twist on these old favorites and create a new instant classic, as The Arc of South Carolina did this past MLK Day.

PB&J CompetitionThe Arc of South Carolina was awarded a 2017 MLK Day of Service* grant to provide food to members of the local community in need. The chapter decided to focus its activities in Lexington and Richland Counties, which continue to suffer from a lack of access to food and high levels of poverty since a flood in 2015.

On the 2017 MLK Day of Service, The Arc of South Carolina and The University of South Carolina’s Best Buddies Program teamed up for a one-of-a-kind event: a peanut butter and jelly sandwich-making competition.

Volunteers had a great time making sandwiches and competing with one another. Volunteers who could make the fast PB&J sandwich or make the most sandwiches in 1- to 5-minute intervals won event t-shirts.

But just like the two flavors of peanut butter and jelly come together to make one great taste, the best part of this event was the result. After the competition ended, volunteers worked together to distribute sandwiches to homeless people in the area and to families who frequent a local food pantry that was closed for the day. Because MLK Day is a federal holiday, many local food pantries and soup kitchens are closed; so, these sandwiches helped feed people who may have otherwise gone hungry.

The whole day was a smashing success, proving that creativity and community service go together like PB&J. For more on inclusive volunteering and how disability organizations can build partnerships that serve community needs and strengthen The Arc’s presence in the community, visit https://www.thearc.org/inclusive-volunteering.

*In 2015, The Arc was selected by the Corporation for National and Community Service (CNCS), the federal agency that leads the Martin Luther King, Jr. Day of Service, to plan and execute volunteer projects that unite Americans in service for the MLK Day of Service and throughout the year. To date, 16 chapters of The Arc around the country have organized inclusive volunteer service projects where people with intellectual and developmental disabilities (I/DD) volunteer alongside people without disabilities to provide food to people in their communities who are in need. In total, these projects have brought together over 1,000 volunteers to serve more than 14,000 people in need.

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President Trump’s 2019 Budget Is Devastating for People With Disabilities

WASHINGTON, DC – Earlier this week, the Trump Administration released a budget proposal entitled “An American Budget”. The Arc released the following statement in response to the proposal:

“Yet again, the administration has laid out a plan that shows a complete disregard for people with intellectual and developmental disabilities and their families. This Budget confirms our worst fears about the Administration’s strategy of using drastic program cuts for people with disabilities to help to pay for the tax cuts for the wealthiest individuals and largest corporations, which were enacted through the Tax Cuts and Jobs Act last year.

“The President’s Budget would have a devastating impact on people with disabilities and their families with unprecedented cuts to Medicaid, Social Security, and many other programs that make community living possible for many people with disabilities.

“We spent the better part of last year fighting proposed cuts that could have dismantled decades of progress for people with disabilities in our nation. We remain vehemently opposed to proposals, like these from President Trump, that attack the systems of support that enable individuals with disabilities to live, work, and thrive in the community. The disability rights community will continue to rally our advocates to put a face on these issues. Last year we showed the force of our network and we will remain unified against future threats,” said Marty Ford, Senior Executive Officer, Public Policy, The Arc.

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc on Bipartisan, Two-Year Budget Deal

The Arc is pleased that Congress was able to negotiate a bipartisan budget deal last week. The deal provides welcome temporary relief for the non-defense discretionary part of the budget that funds a range of programs – such as education, housing, and employment – that help make community living possible for people with intellectual and developmental disabilities. Further, by raising the debt ceiling though March of 2019, it provides a measure of stability that will allow Congress time to continue to develop appropriations legislation to keep the federal government operating. However, despite these and many other beneficial provisions, The Arc remains concerned about future efforts to make program cuts in order to deal with the increased spending authorized in the deal and reduced revenue from the tax law enacted in December.

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Less Than One Month Left Until we Converge on DC

It’s the final countdown – Disability Policy Seminar is this month!

Join other advocates and professionals from all over the country to get up-to-date on the latest policy issues and legislation. It is an excellent opportunity to advance our grassroots movement, meet with your Members of Congress, and educate them on the needs of people with disabilities.

2017 was a tumultuous year in Washington for disability rights. Congress repeatedly attempted to cut and cap Medicaid, and repeal the Affordable Care Act, but was met with resistance from the disability community at every turn. We won those battles together, thanks to your advocacy, energy, and persistence! But the fight isn’t over. We need you in Washington, DC to advocate for the programs that people with disabilities rely on to make a life in community possible. The Disability Policy Seminar is your chance to make an impact! Register today at disabilitypolicyseminar.org.

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Child with Down Syndrome Expelled from Daycare for Failure to Reach Toilet Training Milestone

The Disability Rights Section of the U.S. Department of Justice is currently pursuing an Americans with Disabilities Act case against Nobel Learning Communities, a private daycare that expelled a child with Down Syndrome for failure to become toilet trained on the school’s set timeline. The Arc is looking to learn more about the scope of this problem. If any of you are aware of individuals with I/DD who have been disenrolled pursuant to NLC’s toileting policy or other accounts of disability-based discrimination at these schools, please contact The Arc’s Director of Legal Advocacy, Shira Wakschlag. NLC operates the following schools under different names: Chesterbrook Academy (FL, IL, MD, NC, NJ, PA, SC, VA); Merryhill School (CA, CO, NV, TX); Enchanted Care (OH); Discovery Isle (CA); Xplor (TX); Carrington Academy (GA); Evergreen Academy (WA); Touchstone School (OR); Boise Montessori (ID); Brighton School (WA); Lake Forest Park Montessori (WA); The Honor Roll (TX); Southern Highlands Prep School (NV); Camelback Desert School (AZ); Bethesda Country Day School (MD); Montessori Center (NJ); Esther Peterson Child Development Center (D.C.); The Roades School (CA); Riverstone Education (CO); Heritage Oak (CA).

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Good Outcome in Connecticut School Funding Case

In January, the Connecticut Supreme Court issued an opinion reversing the lower court’s decision in CCJEF v. Rell. While this case focused on school funding, not disability, the lower court judge used this as an opportunity to attack special education, noting that children with “profound” disabilities have “minimal or no chance for education” and, therefore, schools “should not make expense, extensive, and ultimately pro-forma efforts” to provide them with a free appropriate public education. The State appealed the case and The Arc, with The Arc Connecticut, filed an amicus brief arguing that the lower court opinion violated the IDEA. Though it reversed on other grounds and did not substantively address special education in its opinion—other than noting that funding decisions relating to special education are best left to legislatures—it is a victory that the egregious language about students with disabilities in the lower court opinion no longer stands.

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Making a Difference on Comcast Cares Day: The Arc of Greater Twin Cities

Comcast NBCUniversal invites chapters of The Arc to get involved and become local partners on their corporate day of giving!

For over 15 years, Comcast Cares Day has provided an opportunity for Comcast NBCUniversal staff to volunteer their time with non-profits, schools, parks and other organizations to a positive impact within their local communities. ComcastUniversal and The Arc have partnered on ComcastCares Day in communities across the country, providing transformative volunteer opportunities for ComcastUniversal staff and extra hands and support during events hosted by chapters of The Arc.

As we prepare for this year’s Comcast Day (April 21), we’d like to share this terrific story of the ongoing partnership between The Arc of Twin Cities and their local ComcastUniversal office. Read about how their partnership has grown over the years – from a small-scale volunteer opportunity at one of The Arc’s thrift stores to a massive event involving more than 350 staff and volunteers – providing a fulfilling experience for ComcastUniversal volunteers and an important boost for The Arc of Twin Cities activities. Read more here.

Interested in contacting your local ComcastUniversal office to find out more on volunteer and sponsorship opportunities for a special event? Contact Stephane Leblois.

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Free Training on Financial Literacy: Limited Spots Available

In collaboration with the Capital Area Asset Builders (CAAB), The Arc’s Center for Future Planning is offering training to 5 chapters of The Arc on how to help low-income families improve their financial literacy (e.g. understanding credit and debt, choosing financial products and services, investing, asset protection). In addition, the training will address information on financial vehicles available to families that include a child with I/DD such as special needs trusts and ABLE accounts. This train-the-trainer curriculum will support chapters to offer financial planning training to at least 10-15 low-income families. Funding will be offered to chapters to provide this training to families. Please contact Liz Mahar at mahar@thearc.org to learn more about how you can be involved in this project. The deadline to apply for this grant is Thursday, February 15.

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Chapter Benefits Spotlight

The Arc offers almost 70 different benefits, services and discounts to chapters of The Arc. Created with your guidance and feedback, these opportunities are designed for the range of chapters in our network. Whether you’re small, large, all-volunteer or with paid staff, frontier, rural, suburban or urban, providing services, advocacy, grassroots and tops organizing, or public policy education, there’s something for everyone. View this link in the for chapters section.