City of Grants Pass, Oregon v. Johnson

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

Filed: April 3, 2024

Court: U.S. Supreme Court

Overview: Amicus brief alongside other disability rights organizations arguing that the Eighth Amendment ban on cruel and unusual punishment prohibits cities from criminalizing conduct associated with being unhoused.

Excerpt: “People with disabilities face unique challenges and deep-rooted stigmas that increase their risk for homelessness. Less than 5% of housing in the United States is accessible for moderate mobility disabilities, and less than 1% is accessible for wheelchair use. Housing costs are prohibitive for many disabled people who rely on public assistance for basic costs of living—the average cost of a one-bedroom apartment in the United States exceeds the maximum monthly Supplemental Security Income a person can receive. Moreover, widespread housing discrimination on the basis of disability further compounds the risk of homelessness. The Ordinances’ impact on homeless people with disabilities highlights how grossly out of proportion the punishments they impose are to the severity of the offense. Simply put, criminalizing the involuntary conduct of being a homeless person without a place to sleep—in a city with no public shelters—is anathema to the decency standards of any civilized society.”

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Robertson v. District of Columbia

/in , , , , /by The Arc

Filed: 2024

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

Plaintiffs: Parents and guardians of students with disabilities in the District and The Arc

Counsel: The Arc, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Children’s Law Center, McDermott Will & Emery

Overview: Parents and guardians of children with disabilities living in D.C., along with The Arc of the United States, filed a class action lawsuit against D.C.’s Office of the State Superintendent for Education for failing to provide safe, reliable and effective transportation to and from schools for children with disabilities, thereby denying students equal access to their education and unnecessarily segregating them from their peers.

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Food and Drug Administration v. Alliance for Hippocratic Medicine

/in , , , /by The Arc

Filed: January 30, 2024

Court: U.S. Supreme Court

Overview: Amicus brief arguing that it is not the role of courts to substitute their evaluation of drug safety and effectiveness in place of the FDA’s expert determinations.

Excerpt: “The Fifth Circuit’s substituting its evaluation of drug safety and effectiveness for FDA’s expert determinations affects far more than the modifications to the conditions of use for the single drug at issue here. Patients and their providers depend on FDA’s determinations about safety and effectiveness and expect drugs to be available according to the terms of the FDA approval, including supplemental approval. Providers rely on FDA’s expertise-based approval of drug uses in making treatment plans, and patients depend on being able to take the drugs as prescribed by their providers. The Fifth Circuit’s ruling broadly jeopardizes the reliability of FDA’s original approvals of drugs, and the agency’s approvals of modifications to the conditions of their use. It is effectively a roadmap for other litigants seeking to overturn drug approvals or conditions of use they disfavor—whether those changes expand (as was the case here) or restrict how the drug can be used. If approved drugs or modifications to conditions of use can be so readily enjoined despite FDA’s scientific assessments, the resulting uncertainty would jeopardize patient access to drugs, particularly in cases where FDA has expanded the approved uses of a drug to cover new diseases or conditions. It could also threaten patient safety, as FDA approves modifications to conditions of use where it determines they are needed to protect patients from risks of harm. Finally, the Fifth Circuit’s decision would impair the development of new treatments, as uncertainty disincentivizes pharmaceutical manufacturers, clinicians, and patients from undertaking time-and resource-intensive clinical trials to study new drugs and new indications for approved drugs.”

Case Documents:

FDA v. Alliance for Hippocratic Medicine Amicus Brief

Press Release:

Leukemia & Lymphoma Society: 25 Patient and Provider Groups Urge Supreme Court to Preserve FDA Authority

Intersections of Disability and Rurality: Elevating Family Voices

/in , , /by The Arc

In this recorded webinar, you will hear from Jessica Curd about rural caregiving and disability. She talks about how poverty, living in rural areas, caregiving, and having a disability can overlap and create higher risks and vulnerability. She also talks about a study she did with Dr. John Keesler. They listened to families in rural areas with kids with autism and let them share their experiences. Jessica explains how they did the study and what they found. She also talks about ideas from the families for how to help more.

Download the presentation here.

Introduction to The Arc@School Advocacy Curriculum in Spanish

/in , , , , /by The Arc

These recorded webinars provide a brief overview of the Spanish version of The Arc@School’s Special Education Advocacy Curriculum. The curriculum provides basic information that parents, educators, and non-attorney advocates need to support students and families in navigating the special education system. Watch the webinar to learn more about the content of the curriculum, how to sign up to receive an account, what to expect after signing up, and more.

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IN SPANISH:

Shifting Our View: A Person-Centered Journey

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

In this webinar, Lori Ropa, Executive Director of The Arc of Jefferson, Clear Creek, and Gilpin Counties, discusses how she embarked on a journey with their advocacy team during COVID to “shift their views” and attempted to understand the thoughts and feelings of the people who came to support them. Lori’s team developed personas and mapped people’s journeys through The Arc through the lens of each persona. They then developed actionable items to make the advocacy experience even more positive for the people coming to their organization for support.

Download presentation here.

Cultivating a Strong Assistive Technology Program

/in , , , , /by The Arc

In this webinar, The Arc of Ohio presented a summary of its popular Assistive Technology Program, including information about the program’s history and impact. Watch the video to learn more about the program and the opportunities it can create for people with intellectual and developmental disabilities in their local communities.

Speaker Bio: 

David Lewis is the Vice President for The Arc of Ohio in Columbus, Ohio. He received his Cisco CCNA Certification from Columbus State Community College and is Microsoft A+ Certified. David has over 25 years of experience in the technology field having spent 15 years as a network administrator and 10 years as a technology specialist for the digital industry. After a long and successful career in the technology field, David decided to follow his passion for helping others.

Emma Kincaid is the Director of the Assistive Technology Program at The Arc of Ohio. She has worked with The Arc since August 2019. Emma has three years of experience in assistive technology at The Arc of Ohio. Emma’s favorite part of her career with The Arc of Ohio is how the assistive technology program gives individuals throughout Ohio the equipment they need in their daily lives. Emma hopes to keep helping more people with disabilities live happy and independent lives.

Building a Powerful and Sustainable Self-Advocacy Program

/in , /by Pam Katz

In this webinar, The Arc of Beaumont will present a summary of their self-advocacy program.

The Southeast Texas Self Advocates Program increases the quality of life for people living with disabilities in Southeast Texas through leadership, education, and community service opportunities. Learn about the ways their adults are finding their voices, advocating for themselves and others, and being active in their community.

View presentation slides here.

Creating Integrated Employment Opportunities for People With Disabilities

/in , /by Pam Katz

The disability community is one of the most overlooked talent pools in today’s labor force, causing many job seekers with intellectual and developmental disabilities (IDD) to remain unemployed. At the same time, many employers who want to hire people with disabilities are hindered by a lack of training and capacity to provide accommodations and supports to their new hires.

Enter your information below to watch a free video about how one organization created diverse employment opportunities for people with disabilities.

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Perez v. Sturgis Public Schools

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

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