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

/in , , , , /by Pam Katz

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.

Examining How Crisis Standards of Care May Lead to Intersectional Medical Discrimination Against COVID-19 Patients

/in , , , , , /by Pam Katz

Black, Indigenous and People of Color, disabled people, higher weight people and older adults have historically experienced and continue to experience discrimination by medical professionals. In health care settings, members of these communities face pervasive negative biases and inaccurate assumptions about their value, quality of life, capacity to communicate and make decisions, and likelihood of survival.

During the COVID-19 pandemic, these biases can have serious and even deadly consequences. Such biases may be exacerbated when hospitals are faced with scarce resources and must make decisions about which critically ill patients should receive treatment. The “crisis standards of care” which are used by many states and hospitals to make these decisions, have too often reflected these biases. It is crucial that these standards be tailored to avoid unlawful discrimination.

This guide provides: (1) an explanation of what crisis standards of care are and how they may perpetuate discrimination; (2) the principles that should apply to crisis standards of care to prevent discrimination; (3) the civil rights laws that apply to the use of crisis standards of care; and (4) recommended strategies to ensure the non-discriminatory application of crisis standard of care guidelines.

American Rescue Plan HCBS Funding: What You Need To Know

/in , , , /by Pam Katz

Learn about the guidance released on May 12, 2021 by the Center for Medicare and Medicaid Services (CMS) about how states can use the funding, as well as the guidance on supplementing and not supplanting federal funds. With state plans for spending due on June 12, you can learn what you need to do to ensure the funding coming into your state to strengthen and expand access to HCBS is spent well.

Download the presentation here.

Presenters:

  • Jennifer Lav, Sr. Staff Attorney, National Health Law Program (NHeLP)
  • David Machledt, Sr. Policy Analyst, National Health Law Program (NHeLP)

Sixth District of the African Methodist Episcopal Church v. Kemp

/in , , /by Pam Katz

State: Georgia

Filed: 2021

Court: U.S. District Court for the Northern District of Georgia

Plaintiffs: Sixth District of the African Methodist Episcopal Church, Delta Sigma Theta Sorority Inc., Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund Georgia, Southern Christian Leadership Conference, The Arc Georgia, Georgia Advocacy Office, and Georgia ADAPT.

Defendants: Governor Brian Kemp and other state and local election officials

Counsel: Southern Poverty Law Center, ACLU, NAACP Legal Defense Fund, Wilmer Hale, Davis Wright Tremaine, The Arc of the United States

Overview: After Georgia voters turned out in record numbers for the 2020 presidential election and U.S. Senate elections in early 2021, state legislators passed a sweeping – and unconstitutional – voting law that threatened to massively disenfranchise voters, particularly voters of color and voters with disabilities. This lawsuit challenges multiple provisions of the law, also known as SB 202, including the following items.

  • A ban on “line warming,” where volunteers provide water and snacks to people waiting in long lines to vote, a common occurrence at precincts with a large population of voters of color.
  • A severe restriction on the use of mobile voting units, which have been used to address a shortage of accessible and secure polling locations that previously resulted in long lines of voters at existing and traditional polling locations.
  • Additional and onerous identification requirements for requesting and casting an absentee ballot.
  • A compressed period for requesting absentee ballots.
  • Restrictions on the use of secure ballot drop boxes.
  • Disqualification of provisional ballots cast in a voter’s county of residence but outside the voter’s precinct before 5 p.m. Previously, votes for all the races to which the person was eligible to vote on that precinct’s provisional ballot were counted.
  • A drastic reduction of early voting in runoff elections.

Voters with disabilities have received scant attention in Georgia’s battles over voting rights but have borne the brunt of historical and continuing discrimination and neglect in all spheres of public life. Rather than celebrating the strong turnout in the 2020 general election and runoffs, S.B. 202 doubles down on making voting even more inaccessible for the disability community.

The law was debated and passed by both houses of the Georgia Legislature and signed by Governor Brian Kemp, all in under seven hours. The legislation was passed despite state officials praising the recent elections for their integrity, safety, and security. The lawsuit describes how the law violates voter protections under the 14th and 15th Amendments as well as Section 2 of the Voting Rights Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.

The plaintiffs represented in the case include organizations whose get-out-the-vote activities will be negatively impacted by SB 202 and people most directly affected, such as Black voters, new citizens, religious communities, and people with limited English proficiency.

Case Documents

First Amended Complaint

Plaintiffs Opposition to State Defendants’ Motion to Dismiss

Order Denying Motion to Dismiss

Motion for Preliminary Injunction on ADA Claims

Declarations in Support of Motion for Preliminary Injunction on ADA Claims

Expert Report of Dr. Lisa A. Schur

Plaintiffs Reply Brief on Motion for a Preliminary Injunction on ADA Claims

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Additional Provisions

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Jurisdiction

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Absentee Ballot Claims

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Drop Box Provisions

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Changes in Timing

Statement of Interest of the United States

Case Resources

Southern Poverty Law Center Case Page

Southern Poverty Law Center: Nonprofit that helps people with disabilities cast ballots joins SPLC suit against voter suppression law

Webinar: “Battle for Representation: A Fight to Protect and Expand Access to the Ballot” | Webinar Transcript 

Press Releases

Georgia-based Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202

Federal Court Allows Lawsuit Challenging Georgia’s Voter Suppression Law to Proceed

Voting and Civil Rights Groups Challenge Inequity in Access to Voting Under Georgia Law

Related Media

Huffington Post: Disability Rights Groups Join Lawsuit Over Georgia Voter Suppression Law

Blackstar News: Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202

New York Times: G.O.P. Bills Rattle Disabled Voters: ‘We Don’t Have a Voice Anymore’

2021 Talks: Disability advocates fight Georgia’s new voting law

Newsweek: Trump-Appointed Judge Says 8 Lawsuits Challenging Georgia’s New Election Law Can Proceed

The Hill: Judge clears way for legal challenge to Georgia’s restrictive voting law 

The Atlanta Journal-Constitution: Judge denies attempts to dismiss lawsuits over Georgia voting law

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

The Arc Georgia’s Grassroots Connectors (Video)

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

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

Southern Poverty Law Center: Voting Rights Organizations Move to Block Provisions in Georgia’s Anti-Voter Law in 2022 Election Cycle 

Time: Millions of Georgians Have Voted. It Hasn’t Been Easy for Everyone

ACLU: Here’s How Georgia’s New Voting Law Harms Voters With Disabilities

Talk About Sexual Violence Phase 3 Introduction

/in , , , , , /by Pam Katz

Now in its third year, the Talk About Sexual Violence project will build on its success by not only preparing health care professionals to have much-needed conversations about sexual violence with people with IDD, but to know how to use a supported decision-making lens that supports victim-centered approaches. This flyer gives an overview of the Phase 3 project focus and related information.

Ensuring Free and Appropriate Education (FAPE) During COVID-19

/in , , , /by Pam Katz

This session explored some of the common hurdles for students with disabilities in distance learning/hybrid models during the pandemic. The presenters shared recommended practices and effective strategies that promote equity and meaningful progress. The presentation includes practical tips for families that can be put to use immediately.

Download the presentation slides here.

Speakers:

  • Denise Stile Marshall,M.S., CEO, Council of Parent Attorneys and Advocates (COPAA)
  • Amy Bonn, Esq., Member and Consulting Attorney, Council of Parent Attorneys and Advocates (COPAA)

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

 

Planificación Futura: Es Posible y Necesaria

/in , , , , , /by The Arc

This webinar on future planning for people with intellectual and developmental disabilities (IDD) was presented in Spanish.

Planning for the future is important for all families. Thinking about the future can be challenging and emotional. However, experience shows that people with disabilities make a better transition from the family home when a future plan is in place. A future plan can also provide peace of mind for caregivers of people with IDD. Learn from staff at The Arc of the United States on how to get these discussions started and the steps your family should take to create a future plan. This presentation also provides an overview of The Arc’s Center for Future Planning website and resources that can help facilitate discussions to create a future plan.

Hacer planes para el futuro es importante para todas las familias. Pensar en el futuro puede ser emotivo y desafiante. Sin embargo, la experiencia muestra que los adultos con discapacidades logran una mejor transición de la casa familiar cuando tienen un plan futuro. Tener un plan también le puede dar tranquilidad a los cuidadores de las personas con discapacidades intelectuales y de desarrollo. Aprenda de personal de The Arc cómo empezar estas discusiónes y los pasos que su familia debe seguir para crear un plan futuro. Esta presentación también proporciona una descripción general del sitio web del Centro de Planificación Futura de The Arc y de los recursos que pueden ayudar a facilitar las discusiones para crear un plan futuro.

Presentation Slides

The Arc Maryland v. Baltimore City et al

/in , , , , /by Pam Katz

State: Maryland

Filed: 2021

Court: U.S. District Court for the District of Maryland

Plaintiff: The Arc Maryland

Defendants: Baltimore City, Queen Anne’s County, Carroll County, Garrett County, Somerset County, Talbot County

Counsel: The Arc, Disability Rights Maryland, Brown & Barron LLC

Overview: The Arc Maryland filed a federal lawsuit alleging that six jurisdictions in Maryland, including Baltimore City, discriminate against people with IDD by denying them opportunities to access COVID-19 vaccinations inconsistent with the State’s Executive order and Vaccination Plan. This discrimination puts lives at stake and violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

While vaccination sites must offer vaccines to the public in accordance with Maryland’s state vaccination plan, the five counties and Baltimore City exclude individuals with IDD in their list of who is eligible, preventing those with IDD from accessing vaccinations.

It is well established that COVID-19-related fatality rates among people with IDD who test positive for COVID-19 are nearly three times greater than the mortality rates among the general population who are positive for the virus. People with IDD also face heightened risk because many rely on caregivers or direct support professionals who provide assistance with activities of daily living, for which social distancing is often not possible. Frequently, such caregivers serve multiple people raising risks of transmission. Despite advocacy from The Arc Maryland, people with IDD are not getting equal access to vaccines, compelling the need for the lawsuit.

Case Documents

Complaint

Motion for a Temporary Restraining Order

Related Media

Press Release: Vaccine Discrimination: Disability Advocacy Groups File Federal Lawsuit Alleging 6 Maryland Jurisdictions Discriminate in Vaccine Process

Baltimore Sun: Maryland organization that supports people with disabilities sues five counties and Baltimore City, alleging vaccine discrimination

The Maryland Daily Record: 6 Md. jurisdictions sued over vaccine eligibility for people with disabilities

The Garrett County Republican: Garrett County sued over vaccine info for people with disabilities

The Cumberland Times-News: Organization alleges vaccine discrimination

National Journal: Disability communities face barriers to COVID-19 vaccines

Baltimore Sun: Maryland disability rights group dismisses lawsuit against Baltimore City and three of five counties for alleged vaccine discrimination

A Forum on Financial Planning for People With IDD

/in , , , , , /by Pam Katz

The ability to save is crucial in securing a life plan for people with intellectual and developmental disabilities (IDD) who often rely on public benefits like Supplemental Security Income (SSI), Medicaid, and housing and food assistance to pay for things that they need to live in the community. However, many public benefits have very strict limits on how much money you can have to qualify and keep the benefits. How do people know what public benefits they are eligible for? How can people save to buy the things they want and need when they have so little money to start with? What are special needs trusts and ABLE accounts, and when should people have one? Our panel of experts provides an overview of these important issues, plus helpful resources.

Presentation Slides

Q&A

Financial Planning for Families With a Member With Special Needs: by Theresa Varnet

Speaker Bios

Theresa Varnet

Theresa Varnet, M.S.W. J.D., has been an advocate for people with disabilities and their families for over 50 years. She is a former teacher and social worker and is now an attorney with Spain, Spain & Varnet, P.C. in Chicago, Illinois and Fletcher Tilton, P.C. in Worcester, Massachusetts. Theresa joined the Arc in 1968 and has been an active volunteer with chapters of The Arc in Illinois, Massachusetts, and Kentucky. She is also the parent of an adult daughter with IDD.

Miranda Kennedy

Miranda Kennedy is the Director of the ABLE National Resource Center (ABLE NRC), the leading source of information on Achieving a Better Life Experience (ABLE) accounts. ABLE NRC’s mission is to educate, promote and support the positive impact ABLE can make on the lives of millions of Americans with disabilities and their families. Miranda served as Director of Training for the U.S. Department of Labor’s Employment and Training Administration’s national Disability Employment Initiative (DEI) and Disability Program Navigator Initiative (DPN) from 2006-2018. She holds a master’s degree in Public Policy from the University of Denver Institute for Public Policy Studies and a Bachelor of Arts in English Literature from University of Colorado at Boulder.

Delores Sallis

Delores Sallis is the founder of Parent University in Milwaukee, Wisconsin. Parent University serves as a resource for black families of people with disabilities and helps them navigate the systems of support for people with disabilities, including school systems, in the Milwaukee area. Delores has a great passion for the families she serves, because she knows there is a great divide of resources. Delores is the mother of five children, the youngest of which has multiple disabilities. She also has a granddaughter with cerebral palsy.