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

/in , , , , , , /by The Arc

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

/in , , , , , , , , , , /by The Arc

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

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Exploring Locative Technology: What You Need to Know to Address Wandering

/in , , , , , , , /by Pam Katz

During this webinar, the International Association of Chiefs of Police (IACP) discusses the pros and cons of using tracking devices in wandering situations, emphasizing some effective alternatives.

The speakers are two parents and police officers, Laurie Reyes and Stefan Bjes, and Board Member, poet, and self-advocate Russell Lehmann.

Micro-Aggressions in the Workplace

/in , , /by Pam Katz

This webinar discusses the need to move beyond our own personal biases, beliefs, values, and perception, by realigning the way we think about and engage with each other. We must first recognize how assumptions influence one’s interactions and decisions and then make a conscientious effort to overcome assumptions. The negative consequences of unconscious biases, intentional or unintentional, can be detrimental to the workplace and affect morale and the overall experience of the individuals we serve. Diversity is needed more than ever to create solutions to business, economic, and social challenges of the 21st century and beyond. One step is understanding the different types of micro-aggressions and their effect on the individuals we serve.

View the presentation slides here.

United States v. Mississippi

/in , , , /by Pam Katz

Filed: April 5, 2022

Court: Fifth Circuit Court of Appeals

Overview: Amicus brief supporting the district court holding that Mississippi’s mental health system depends too heavily on institutionalization and does not provide the community-based services that Title II of the ADA and Supreme Court precedent under Olmstead require.

Excerpt: “Because the United States established each of the three components under Olmstead, the district court concluded that Mississippi was required to provide the community-based services that had been lacking. This ruling tracked established precedent, was supported by the evidence, and should be affirmed.”

Case Documents

Amicus Brief

Education for Students With Disabilities in the Juvenile Justice System

/in , , , , , , /by The Arc

Students with intellectual and developmental disabilities (IDD) do not lose their right to public education, including all rights to special education, when they are adjudicated delinquent. Once in the juvenile justice system, young people with IDD may be placed in a variety of settings, ranging from home confinement to foster homes to group residential settings and so on, all the way down the continuum to secure detention and solitary confinement. Wherever they are, they have the same rights to access the coursework the state requires for all students, as well as the services and supports provided by their IEP and/or Section 504 plan. In a secure setting, the way in which some services are provided may be altered, but the services cannot be denied.

Speaker Bio: A litigator with more than 26 years of experience in juvenile and education law, Diane Smith Howard’s work at NDRN focuses on conditions for children, youth and adults with disabilities in institutional systems. Specifically, youth in the juvenile justice, child welfare, education, and refugee resettlement systems, and adults with disabilities in the criminal justice and mental health systems.

Diane holds a B.A. with honors from Colby College, Waterville, ME, and a J. D. from Wayne State University Law School, Detroit, MI. Diane’s passion for this work is rooted in a family connection to foster and adopted children with disabilities, and to adults who are at risk of institutionalization due to a lack of community supports.

Download the presentation here.

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

D.R. v. Redondo Beach Unified School District

/in , , /by Pam Katz

Filed: March 3, 2022

Court: Ninth Circuit Court of Appeals

Overview: The District Court denied D.R., a student with a disability, a more inclusive placement because he failed to demonstrate “appropriate educational benefit” from inclusion in general education. The amicus brief argues that, by placing the onus on students to prove that they can benefit from general education, the District Court would overturn fifty years of Congressional and judicial consensus that students with disabilities should be educated in inclusive settings “whenever possible.”

Excerpt: “The IDEA’s language, legislative history, and judicial interpretation speak with one voice: ‘To the maximum extent appropriate,’ students with disabilities must be educated ‘with children who are not disabled.’ This robust presumption of inclusion is reflected in the IDEA’s procedural requirements, which require Individualized Education Programs (IEPs) to account affirmatively for ‘the extent, if any, to which the child will not participate with nondisabled children in the regular class.’ The IDEA codified an emerging consensus from landmark special education cases that schools must educate students with disabilities in integrated settings wherever possible. Congress later amended the IDEA to further strengthen the LRE requirement in light of new education research, describing it as ‘a presumption that children with disabilities are to be educated in regular classes.’…The presumption of inclusion is so robust that it may even justify placement in general education in the rare case where the more restrictive setting may be educationally superior.”

Case Documents

D.R. v. Redondo Beach Unified School District Amicus Brief

D.R. v. Redondo Beach Unified School District Opinion

Talk About Sexual Violence: Supported Decision-Making

/in , , , , /by Pam Katz

This eight-minute video helps medical professionals understand what supported-decision making is and why it is important to use when assisting victims of sexual violence who have an intellectual or developmental disability.

Talk About Sexual Violence: Plain Language

/in , , , , , , /by Pam Katz

This eight-minute video provides health care professionals with a basic understanding of plain language and how to use it so that patients with IDD can better understand information and more fully participate in health care decisions.

Why Talk About Sexual Violence? Medical Professional Focus Group Findings

/in , , , , , /by Pam Katz

This eight-minute video highlights key findings from focus groups held with medical professionals who were asked about how they address or talk about sexual violence with their patients with intellectual or developmental disabilities.