In the Matter of Michael A.

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State: New York

Filed: 2017

Court: New York Supreme Court

Overview: The brief supported a mother with intellectual disability arguing that the state’s child welfare agency had failed to make reasonable efforts to reunify her with her son in violation of Title II of the ADA.

Excerpt: “While much research exists demonstrating the ability of individuals with intellectual disability to parent with needed supports, parents with intellectual disability…remain an especially vulnerable population given pervasive and harmful stereotypes of people with disabilities. Their abilities are frequently underestimated, and they remain subject to the outdated notion that, by reason of their disabilities alone, they are simply incapable of parenting. Without proper enforcement of the ADA, these vulnerable parents have no recourse or remedy should [the child welfare agency] deny them equal access to the services, programs, or activities that they and their families require to reunite or to remain together.”

Case Documents

Amicus Brief: In the Matter of Michael A.

Ivy v. Morath

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State: Texas

Filed: 2016

Court: U.S. Supreme Court

Overview: The brief argued that Title II of the ADA prohibits disability-based discrimination in public “services, programs, or activities” and state and local governments may not evade Title II obligations by enlisting private entities to perform them. States and other public entities routinely rely on private entities to provide services, programs, or activities, such as operating schools, providing employment training, providing community and long-term housing and care services to people with disabilities, operating prisons, providing transportation, and more. Many of the areas in which states involve private entities to provide public services, programs, and activities are critical to ensuring that people with disabilities are able to live independently within the community, receive educational and employment opportunities, and not be denied access to basic government services and benefits.

Excerpt: “When the state administers a program of issuing an important public benefit – here, a driver’s license – by conditioning that benefit on participation in a service or program operated by a private entity, it has a Title II obligation to ensure that people with disabilities are not excluded from the program and thus the benefit…[S]tates have experimented with a variety of arrangements to deliver public services and carry out public programs and activities through private entities. When the states’ administration, policies, directives, or actions lead to or allow disability-based discrimination in those public services, programs, and activities, the plain text of the statute holds the ‘public entity’ responsible. And the regulations…make clear that a public entity’s obligations extend not just to those services and benefits it provides ‘directly,’ nor even just to programs, services, or activities operated by private entities ‘through contractual . . . arrangements’ with the state, but also to state programs, services, and activities that enlist private entities through ‘licensing, or other arrangements.’

Case Documents

Amicus Brief: Ivy v. Morath

The Arc@School

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The Arc@School is The Arc’s national center on special education advocacy. The mission is to build the capacity of The Arc’s nationwide network to provide individual advocacy that helps students with I/DD and their families navigate the special education system.

The Arc@School Resource Directory

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The Arc@School’s Resource Directory includes contact information for important special education advocacy resources that must exist in every state, including the protection and advocacy program and parent centers funded under the Individuals with Disabilities Education Act (IDEA); the state agencies that are responsible for overseeing special education and early intervention services; as well as some chapters of The Arc that offer special education advocacy to students with intellectual and developmental disabilities (I/DD). The Arc does not endorse any of the resources listed in this directory.

The Arc@School Advocacy Curriculum

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While the process of determining what services and supports a student with disabilities needs at school is meant to be collaborative, the process can break down when students or their families and school staff disagree about the supports the student needs. Federal laws describe the services and supports available to students with disabilities, but students and parents often struggle to advocate on their own for appropriate educational services, and many seek help from a special education advocate. While both attorneys and non-attorney lay advocates are available to assist students and their families, lay advocates are an important resource for students and families who cannot afford an attorney, cannot find an attorney, or want to resolve their disagreements without involving an attorney. This curriculum is designed for individuals who are working with or advocating on behalf of children with disabilities in special education matters, including: chapters of The Arc; non-attorney advocates not affiliated with The Arc; parents and other family members; educators and related service providers. The curriculum is available at no cost for chapters of The Arc and for just $175 for all other advocates.

Center for Parent Information and Resources Library

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There are nearly 100 Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs) in the US and Territories. These Centers perform a variety of direct services for children and youth with disabilities, families, professionals, and other organizations that support them. Some of the activities include: working with families of infants, toddlers, children, and youth with disabilities from birth to 26; helping parents participate effectively in their children’s education and development; and partnering with professionals and policy makers to improve outcomes for all children with disabilities. Find webinars, articles, stand-alone pages, and publications important to families of children with disabilities in the CPIR Resource Library. This is an external resource.

Understood: For Learning and Attention Issues

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Resources on the Understood website empower parents to understand their children’s issues and relate to their experiences. Resources include well-researched, practical information that’s easy to apply to everyday life; daily access to expert advice that’s free of charge, clearly communicated, and never influenced by commercial interests; and a secure community where parents can trade tips and experiences with other parents like them. This is an external resource.

I’m Determined

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This project facilitates youth, especially those with disabilities, to undertake a measure of control in their lives, helping to set and steer the course rather than remaining the silent passenger. This is an external resource.

Think College

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Think College supports evidence-based and student-centered research and practice by generating and sharing knowledge, guiding institutional change, informing public policy, and engaging with students, professionals and families. Valuable resources include a searchable college directory and a family resources page to answer some of the most frequently asked questions that families have about college options. This is an external resource.

Council of Parent Attorneys and Advocates

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COPAA’s mission is to protect and enforce the legal and civil rights of students with disabilities and their families. Our primary goal is to secure high quality educational services and to promote excellence in advocacy. This is an external resource.