The Arc Responds to ED’s Proposed Rule to Remove Parental Consent for Billing Medicaid in Schools

The Arc submitted a comment on the proposed rule to streamline the parental consent process when billing Medicaid for services received in school. The Arc’s comments emphasized the experience of some families being denied outside services when Medicaid was billed for school services.

The Arc Responds to CMS’ Proposed Rule, Ensuring Access to Medicaid Services

The proposed “Ensuring Access to Medicaid Services” rule would create new requirements for state programs to improve access to care, quality, and health outcomes and better address health equity issues in the Medicaid program. The Arc submitted detailed comments on the proposal, particularly related to access to home and community-based services (HCBS).

The Arc Responds to AbilityOne Commission’s Proposed Competition Rule

The Arc submitted comments for a rule that would advance workers rights in the AbilityOne program. The Arc mentioned concerns over the potential negative impact on nonprofit agencies providing quality jobs. The Arc recommends aligning the rule with the 898 Panel’s recommendations to mitigate these risks.

The Arc Responds to Proposed AbilityOne Policies

The Arc supports the proposed rule but has recommendations. The recommendations include changes to strengthen worker protections and ensure clarity in eligibility and employment standards.

2023 Policy & Advocacy Kick-off Webinar

Hear from The Arc’s policy and advocacy teams about:

  • The latest on Capitol Hill and what to expect from the new Congress
  • Information and resources about the end of Medicaid continuous enrollment
  • How to get involved in advocacy in 2023

Download the presentation slides here.

For further questions, please email events@thearc.org.

Perez v. Sturgis Public Schools

Filed: November 16, 2022

Court: U.S. Supreme Court

Overview: Amicus brief explaining that students with disabilities are not required to exhaust their administrative remedies to bring non-IDEA civil rights claims.

Excerpt: “…the decision below significantly undermines IDEA’s policies of protecting students’ rights and the use of alternative dispute resolution procedures as a preferred method for resolving IDEA claims. If allowed to stand, the decision will force parents who could otherwise achieve all available IDEA relief through settlement to nonetheless litigate their claims, lest they be left foreclosed from pursuing non-IDEA civil rights claims as Miguel Perez (Miguel) was. This would be true even though an administrative record regarding appropriate educational instruction serves no purpose whatsoever for adjudicating non IDEA claims and, more significantly, would delay the implementation of any appropriate IDEA remedy…In other words, it adds nothing of value and may further harm students who already prevailed on their IDEA claims.”

Case Documents

Amicus Brief

Press Releases

National Disability Rights Groups File Amicus in Perez v. Sturgis

National Disability Rights Groups Applaud SCOTUS Decision in Perez v. Sturgis

Related Media

Disability Scoop: Supreme Court Case Could Change How Special Ed Disputes Are Handled

Disability Scoop: Supreme Court Unanimously Sides With Student in Special Ed Case

USA Today: Special Education Clash: How One Student’s Supreme Court Case Could Make Schools More Accountable

K-12 Dive: 3 Takeaways From the Perez Special Education Case

Promising Programmatic Practices for People With Dual Diagnosis

Incompass provides residential and day/employment programming for a dually diagnosed, forensically involved population as well as a residential program for individuals diagnosed with Huntington’s Disorder. In this webinar, Chris Snell, MS and Dorian Crawford, PsyD of Incompass Human Services will provide an overview of community-based service promising practices for an emerging, dually diagnosed population.

View session presentation slides here.

Engagement in the Early Intervention Program Planning Process for Parents and Professionals

Early intervention program planning can be challenging at times for students, parents, teachers, service providers, and administrators—but it doesn’t have to be.

Enter your information below to watch a free video. You will hear from Dr. Rachel Brady about IDEA Part C & B, program planning requirements, and strategies that support more meaningful engagement in early intervention programs. Equity issues and the points of advocacy at the individual and systems levels are also explored through examples, discussion, and a review of available resources.






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Health & Hospital Corporation of Marion County v. Talevski

Filed: September 22, 2022

Court: U.S. Supreme Court

Overview: Amicus brief explaining the importance of individuals having the ability to sue state and local governments when their civil rights are violated under Medicaid and other public programs.

Excerpt: The linkage between the RA’s and the ADA’s antidiscrimination mandate and Medicaid provisions implementing that mandate is evidence that Congress intended both aspects of its disability-rights scheme to be privately enforceable. That conclusion is bolstered by the fact that Congress, when enacting the ACA, broadened Medicaid’s “entitlement” provisions by expanding the definition of “medical assistance.” Congress did so in direct response to judicial decisions narrowly construing that term in § 1983 suits brought by people with disabilities. Petitioners’ request that this Court abandon its longstanding holding that Spending Clause legislation can give rise to a private right of action under § 1983 would undermine Congress’s scheme for enforcing disability rights. People with disabilities, including children, regularly bring private lawsuits to enforce each of their independent, mutually reinforcing entitlements under the RA, the ADA, and Medicaid. Those lawsuits have vindicated important rights, providing access to life-saving therapies and everyday living support services close to one’s family and community. Absent a private right of action to enforce their Medicaid guarantees, enforcement of Medicaid would be left to the federal government, which may have few enforcement options other than reduction of States’ Medicaid funding. That may exacerbate rather than remedy States’ failure to comply with Medicaid’s requirements.

Case Documents

Amicus Brief

Supreme Court Opinion

Press Releases

Amicus Brief Filed in U.S. Supreme Court Case Emphasizes Harms to People with Disabilities

A Major Win for Disability Rights From SCOTUS

Related Media

Indy Star: Op/Ed: Treatment of patient at Indiana nursing home at center of U.S. Supreme Court case

Indy Star: Marion County agency wants SCOTUS to strip protections for millions of vulnerable Americans

Indy Star: Supreme Court denies Health & Hospital Corp.’s effort to block civil rights lawsuits

Yahoo News: Here’s why Nancy Pelosi, Todd Rokita, Biden administration care about Indiana nursing home

Disability Scoop: Supreme Court Case Could Sharply Limit Disability Rights

Disability Scoop: Supreme Court To Hear Case That Could Have Major Consequences For People With Disabilities

Vox: The nightmarish Supreme Court case that could gut Medicaid, explained

Vox: Medicaid appears likely to survive its latest encounter with the Supreme Court

MarketWatch: Supreme Court weighs 83 million Medicaid enrollees’ access to the courts

BU Today: The Most Consequential Supreme Court Case You Haven’t Heard Of

The 19th: Supreme Court case altering Medicaid is ‘an assault’ on older adults and people with disabilities, advocates warn

The 19th: Disability and aging advocates celebrate Supreme Court’s Talevski decision

Mother Jones: SCOTUS Just Upheld the Civil Rights of Millions of Disabled and Aging People

Wyfi: Supreme Court reinforces that Medicaid beneficiaries can sue states if their rights are violated

Axios: How nursing homes could face more patient lawsuits