Enhancing Health Care for People With Intellectual and Developmental Disabilities

The COVID-19 pandemic shined a light on the inequities of the healthcare system that exist for people with intellectual and/or developmental disabilities. For many people with IDD and caregivers, receiving care in a hospital setting has always been a challenging experience. We know that training in this area is lacking. Education and experiential learning for healthcare professionals is essential to addressing these challenges.

The Arc Massachusetts, The Arc Oregon, and The Arc’s national office have partnered to develop a web-based, culturally competent training and toolkit for emergency medical personnel. The goal is to support equal access to emergency healthcare for people with IDD by educating healthcare providers working in hospital emergency departments.

Download presentation slides here.

Know Your Rights: Crime Victims with Disabilities

People with disabilities are often involved in the criminal justice system. They can be involved as either defendants or victims. A victim is someone who is hurt when a crime is committed. It’s important for victims to know that they have rights.

This session addresses three key rights:

  • Your right to live free from violence
  • Your right to get help and support after victimization
  • Your right to speak your truth for yourself and for other crime victims with disabilities

James Meadours, a survivor of sexual violence, leads this discussion and provides insight into this topic.

This listening session is hosted by The Arc’s National Center on Criminal Justice and Disability (NCCJD) and supported by the People With Disabilities Foundation.

#FreeBritney: Lessons for People With Intellectual and Developmental Disabilities and Their Families

Britney Spears’ public battle over her conservatorship is shining a light on some of the broader challenges that people with disabilities face under guardianship, which is a term some states use for that kind of court involvement. This webinar describes some of the issues being highlighted in the media from Ms. Spears’ case, how they might apply to people with IDD, and alternative approaches that individuals with IDD and their families might consider.

Webinar slides

Webinar transcript

The Arc of Iowa v. Reynolds

State: Iowa

Filed: 2021

Court: U.S. District Court for the Southern District of Iowa

Plaintiffs: The Arc of Iowa and parents of students with disabilities

Defendant: Governor Kim Reynolds, Iowa Department of Education, individual school districts

Counsel: The Arc, ACLU, ACLU of Iowa, Disability Rights Iowa, Arnold & Porter Law Firm, Tom Duff Law Firm

Overview: In the final days of the 2021 legislative session, the Iowa General Assembly passed HF 847, which prohibits school districts in Iowa from requiring everyone to wear masks in their schools. As the school year begins and COVID cases soar, school districts face a dilemma: whether to comply with HF 847 or whether to meet their obligations under federal disability rights laws by protecting the health, safety, and dignity of their students with disabilities and providing equal access to their education. Parents of children with disabilities that put them at risk of severe illness should they contract COVID also face a dilemma: whether to send their children to school at risk to their health and even lives or whether to keep them at home at the expense of their education and development. Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act provide broad protections for individuals with disabilities. Both federal disability rights laws prohibit outright exclusion, denial of equal access, or unnecessary segregation of students with disabilities in public education.

Case Documents

Complaint

Motion for Temporary Restraining Order and Preliminary Injunction

Order Granting Temporary Restraining Order

Reply in Support of Motion for Preliminary Injunction

American Academy of Pediatrics Amicus Brief

Order Granting Extension of Temporary Restraining Order

Order Granting Motion for Preliminary Injunction

Eighth Circuit Brief

Eighth Circuit American Academy of Pediatrics Amicus Brief

Eighth Circuit Opinion

Eighth Circuit Per Curiam Opinion

Order on Motions to Dismiss and Summary Judgment

Press Releases

Lawsuit Challenges Iowa Law Banning Schools from Requiring Masks

Federal Court Blocks Iowa’s Law Banning Masking Requirements in Schools

Mask Mandate Preliminary Injunction Continues to Protect Iowa Children

Federal Appeals Court Decision Ensures Iowa Schools Can Require Masking to Protect Students with Disabilities

Related Media

Associated Press: Parents of disabled kids sue over Iowa ban on mask mandates

Des Moines Register: Parents of students with disabilities sue over Iowa’s COVID mask mandate ban in schools

KCRG: Parents of students with disabilities, ACLU sue Iowa over mask mandate ban law

We Are Iowa: ‘Not an equal education’: Parents of kids with disabilities sue over Iowa ban on mask mandates

Iowa Capital Dispatch: Lawsuit: Iowa’s school mask mandate ban violates disability rights

Business Insider: Iowa ban on mask mandates at schools overturned by federal judge

WQAD8: Davenport Education Association praises federal judge’s order to allow Iowa schools to mandate masks

Des Moines Register: Iowa Gov. Kim Reynolds asks judge to reinstate mask mandate ban, citing concerns from parents

The Gazette: Documents: COVID outbreaks at nearly quarter of Iowa schools

Des Moines Register: Iowa school districts may continue mask mandates after judge grants preliminary injunction

NBC News: Federal judge blocks Iowa’s ban on school mask mandates

ABC Action News: Families of children with disabilities challenge mask mandate bans

Des Moines Register: Federal court will decide the fate of mask mandates in Iowa schools

KETV Omaha: Federal judges hear Iowa’s appeal over injunction of law that bans school mask mandates

Courthouse News Service: Iowa asks appeals court to uphold ban on mask mandates in schools

Iowa Public Radio: State attorneys ask appeals court to restore Iowa’s ban on school mask mandates

Des Moines Register: Iowa will not enforce school mask mandate ban for now, Attorney General’s Office says

Iowa Capital Dispatch: Appeals court rules that some Iowa schools can impose mask mandates

Our Quad Cities: ACLU, others celebrate federal ruling on Iowa mask mandate in schools

Education Week: Relaxed Mask Guidelines Raise Anxiety for Parents of Children With Disabilities

ACLU Iowa: 8th Circuit Court Decision Allows Iowa Schools To Protect Students With Disabilities With Masking Under Federal Law

Des Moines Register: Iowa must permit school districts to require masks in some cases, court rules; Iowa to appeal

Associated Press: Federal court dismisses case against Iowa governor’s ban on school mask mandates

Houston Area Urban League v. Abbott

State: Texas

Filed: 2021

Court: U.S. District Court for the Western District of Texas

Plaintiffs: The Arc Texas, Houston Justice, Houston Area Urban League, Delta Sigma Theta Sorority, Inc., Jeffrey Lamar Clemons

Defendant: Governor Gregory Abbott and various state officials

Counsel: The Arc, NAACP LDF, Reed Smith LLP

Overview: For the past 150 years, the State of Texas has had a long track record of excluding and discouraging Black and Latino residents of the State from exercising their fundamental right to vote. Voters with disabilities, including Black and Latino voters with disabilities, have also persistently experienced barriers in accessing their right to vote in Texas. The State’s policies of exclusion and restrictive voting laws have resulted in chronically low voter turnout. In passing S.B. 1, instead of making the election process safer or more secure, the law eliminates methods and opportunities of voting disproportionately used by Black and Latino voters, burdening or effectively disenfranchising these voters by raising the time, cost, and risk associated with exercising their constitutional right to vote. The law also erects barriers to voting that will disproportionately and unlawfully deny equal access to individuals with disabilities.

Case Documents

Second Amended Complaint

Opposition to Motion to Dismiss

Order on Motion to Dismiss 

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on ADA and 504 Claims

Exhibits Supporting Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on ADA and 504 Claims

Plaintiffs’ Proposed Findings of Fact and Conclusions of Law for Claims Under the Americans With Disabilities Act, Section 504 of the Rehabilitation Act, and Section 208 of the Voting Rights Act

Findings of Fact and Conclusions of Law (Claims under Section 208 of the Voting Rights Act)

Press Releases

Lawsuit Filed Challenging New Texas Law Targeting Voting Rights

Federal Court Strikes Down Texas’ Election Law Provisions Restricting Assistance for Limited English-Speaking and Disabled Voters

Fighting for an Inclusive Democracy

Texas Law Punishes Voters

Landmark Trial Challenging Regressive Voting Rights Provisions in Texas Senate Bill 1 Concludes

Federal Court Strikes Down Restrictive, Suppressive Texas Voting Measures in S.B. 1 That Limited Voting Assistance

Related Media

AP News: Texas flagged 27,000 mail ballots for rejection in primary

CNN: How new voting restrictions threaten ballot access for disabled voters

Courthouse News Service: Voters with disabilities face new barriers over Texas voting law

Democracy Docket: Texas Omnibus Voter Suppression Law S.B. 1 Will Be Put to the Test at Federal Trial

KAH Consulting Group: Delta Sigma Theta Sorority Rallies Against Texas Senate Bill 1 in San Antonio

KWTX: Texans with disabilities fear new restrictions on voting help could mean criminal charges at the polls

Law360 Pulse: Texas DA Ordered To Face Voter Discrimination Suits

Law360: How Lawyers Are Mobilizing To Protect The Vote

NewsOne: NAACP Legal Defense Fund Leads Challenge Against New Texas Voter Suppression Law

New York Times: New Voting Laws Add Difficulties for People With Disabilities

New York Times: ‘My Vote Was Rejected’: Trial Underway in Texas Over New Voting Law

Pew: Voters with Disabilities Face New Ballot Restrictions Ahead of Midterms

Politico: Why Election Laws in Georgia and Texas Remain a Threat

The Texas Tribune: Gov. Greg Abbott signs Texas voting bill into law, overcoming Democratic quorum breaks

The Texas Tribune: What’s at Stake in the Long-Awaited Trial Over Texas’s Sweeping 2021 Elections Law

USA Today: New election laws could create barriers for voters with disabilities

Vox: Democrats’ fears about restricting mail-in voting were confirmed in Texas

Texas Tribune: Judge strikes down strict voter assistance rules in Texas’ 2021 rewrite of election laws

 

 

 

 

 

 

 

 

Crime Victims With Disabilities: Know Your Rights

As a crime victim with a disability, it may be hard to know what to do. With this fact sheet, you can know your rights and where to find help.

Better Care Better Jobs Act: What Grassroots Need to Know

Learn the basics about the Better Care Better Jobs Act and how it would transform Medicaid home and community-based services (HCBS).

The proposed $400 billion in funding would increase access to services and provide a long-overdue investment in the direct care workforce that delivers these services to people with disabilities and aging adults all over the country. You will hear from lawmakers about what we can expect in Congress and from consumers about the importance of Medicaid-funded HCBS and policy priorities that enable people with disabilities and older adults to live in their homes and communities.

Organized By:
The Arc of the United States, ACLU, AAPD, ANCOR, ASAN, Justice in Aging, Caring Across Generations and National Domestic Workers Alliance

Co-Sponsored By:
Care Can’t Wait, Disability and Aging Collaborative , and the Consortium for Citizens with Disabilities

Collaborate, Train, and Engage: Diverting People With Intellectual and Developmental Disabilities

Hosted by The Council of State Governments (CSG) Justice Center and Bureau of Justice Assistance (BJA)

While local providers across the country are increasing their awareness of people with intellectual/developmental disabilities (IDD) in their criminal justice systems, they may encounter challenges when seeking appropriate diversion programming for this population. This webinar will discuss best practices that localities can implement to improve cross-system collaboration, family engagement, identification, and accessibility of services that meet the needs of people with IDD. Speakers will also describe how consistent evaluation of diversion outcomes assists with sustaining successful efforts and the creation of action plans to address gaps. Participants will hear from an author and person diagnosed with autism about his experience with the criminal justice system and how diversion could have been beneficial in his case.

Speakers:

Leigh Ann Davis, Director of Criminal Justice Initiatives, The Arc
Nick Dubin, Author/person with lived experience
Maria Fryer, Justice Systems and Mental Health Policy Advisor, Bureau of Justice Assistance, U.S. Department of Justice
Reginald “Reggie” Thomas, Criminal Justice & Disability Fellow, The Arc
Felicia Lopez Wright, Policy Analyst, Behavioral Health Division, the CSG Justice Center

How Marginalized Families Are Left Behind in Disability Education Services and How to Address It

Historically marginalized families face many barriers in regards to education service access and supports. These disparities have significant implications on both children and their families long past graduation. In this webinar, learn about the barriers faced, the historical and systemic factors that contribute to them, and the long-term implications. Attendees will also engage in an exercise to develop advocacy plans in their communities to address these issues and create meaningful change.

Speaker Bio: Dr. Jamie Pearson, a former behavioral interventionist and autism program consultant, is an Assistant Professor of Special Education in the Department of Teacher Education and Learning Sciences at North Carolina State University. Dr. Pearson earned her PhD in Special Education from the University of Illinois at Urbana-Champaign where she developed FACES, a parent advocacy program designed to support African American families of children with autism.

Download the presentation here.

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

The HCBS Access Act: A Law 70 Years in the Making

The Arc of the United States was founded over 70 years ago by families who wanted their family members with intellectual and developmental disabilities (IDD) included in every aspect of life. Yet, most people with IDD had to leave their families and go live in institutions to receive the daily supports they needed because of their disability.

Our system of services and supports for people with IDD has come a long way since those days, but many people with IDD and their families still struggle to plan for the services needed to live a quality life in the community. Many people with IDD wait years to get off the waiting list for services only to find few direct support professionals available to provide the services they need in the community and even more limited affordable and accessible housing. Even when they do find a home in the community and a trusted professional to meet their needs, they often have to start their search again in six months or a year because the turnover in the field is so high. Or worse, they move to another state to be near family after a parent dies and end up on the waiting list for services all over again.

Congress finally proposed a bill, the Home and Community-Based Services Access Act, to make changes to the system of support for people with disabilities to ensure community-based services are there for all people with disabilities who want to live their lives in the community, with their friends and family.

In this webinar, you will learn about barriers in the current system, the proposed changes, and what you can do to make sure these changes become a reality.

Read the full transcript.

Access webinar slides.

Speaker Bio: Nicole Jorwic was previously the Senior Director of Public Policy at The Arc of the US. Prior to joining The Arc, Nicole served as Senior Policy Advisor and Manager of the Employment First Initiative in Illinois. Prior to that appointment, Nicole served as the CEO/President of the Institute on Public Policy for People with Disabilities. Nicole is also an accomplished special education attorney and an advocate for students with disabilities and their families. Nicole received her JD and Child and Family Law Certificate from Loyola University and her BS from the University of Illinois. Nicole is also a sibling; her brother, Chris, is 31 and has autism.