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HUD Proposal Erodes the Promise of the Fair Housing Act

Washington, D.C. – The Arc is extremely concerned by the Affirmative Furthering Fair Housing (AFFH) rule published today in the federal register. The proposed rule is a retreat from efforts to fight housing discrimination and segregation in the U.S. The proposed rule makes many potentially harmful changes, and removes language recognizing that affirmatively furthering fair housing includes an opportunity for people with disabilities to live in “the most integrated setting appropriate to the individual’s needs.” The new rule would result in less oversight, weaker and ill-advised standards, and a lost opportunity to improve housing opportunities for people most in need, including people with disabilities.

The Fair Housing Act requires housing agencies and communities receiving HUD funds to identify barriers to housing access for certain specified groups, including people with disabilities, and take affirmative steps to end housing discrimination. This new rule would replace and largely reverse the current AFFH rule, finalized in 2015, that The Arc strongly supported. This proposed rule comes in addition to HUD’s recent “disparate impact” proposed rule.

“We oppose this step to weaken fair housing protections and limit implementation and enforcement of the existing rule. Instead, HUD must protect and promote existing civil rights laws for people with disabilities,” said Peter Berns, CEO, The Arc. “HUD is entrusted with the responsibilities of enforcing the Fair Housing Act and building inclusive and sustainable communities free from discrimination. The proposed rule would do the opposite.”

The public has 60 days to comment on the rule. The Arc will continue to work to ensure that people with intellectual and developmental disabilities have a right to live in safe, accessible, affordable housing in the community. We encourage you to make your voice heard on this proposal.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 600 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The Arc Joins #MLKDay of Service to End Food Insecurity

On this Martin Luther King, Jr. Day of Service, The Arc will once again commemorate the life of Dr. King and his dream for equality and civil rights for all people. The iconic civil rights leader’s passionate and persistent fight for equality and against discrimination paved the way for the disability community to advance and persevere in its ongoing fight for equality, rights, and inclusion.

In honor of his work, The Arc is making it a day on, not a day off! This year, several chapters of The Arc and partner organizations will work together to address food insecurity and promote inclusive volunteering to bring together people with and without disabilities to serve their communities.

“People with disabilities are often perceived as the ones always in need of help, but in reality, they also have the desire and ability to help others and to play an active role in strengthening their own communities,” said Peter Berns, CEO of The Arc. “In the true spirit of Dr. King, the Day of Service shines a light on what all people – including those with intellectual and developmental disabilities – can do to love, uplift, and support their neighbors.”

Interested in participating on a volunteer project with one of our 2020 subgrantees? See if there’s a volunteer event near you in the list below! You can also search the national database for all opportunities to get involved.

A graphic depicting Martin Luther King, Jr. that reads "25th MLK Day of Service - make it a day on, not a day off. January 20, 2020. Volunteer at MLKDay.gov.

2020 MLK Day of Service Partner Organizations

If you’re looking for more information on volunteering and people with disabilities, check out our free resources.

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The Arc Announces Voter Accessibility Project for Iowa Caucuses

Washington, D.C. – In advance of the Iowa caucuses, The Arc is announcing its new CaucusAbility project to help ensure that people with intellectual and developmental disabilities (I/DD) in the battleground state have the opportunity to participate in our democracy in accessible, fair, and valuable ways.

The Arc will host pre-caucus trainings where Iowans with I/DD can learn how to caucus, practice the process, and also team up with a partner with disabilities or without disabilities to encourage caucus participation and to attend caucuses together.

People with disabilities face voter accessibility challenges and barriers to the caucus process, from crowded gymnasiums to limited seating. The caucuses are also unique in format – attendees may go in with a preference for a candidate, but throughout the event they will listen to other caucus goers make pitches for their preferred candidate. Quickly analyzing and processing the information and making an informed decision in that environment can be daunting. Furthermore, Iowa’s new and untested satellite caucus system for remote participation may be an additional barrier for people with I/DD.

WHO: The Arc

WHAT:  CaucusAbility

WHEN/WHERE:

Wednesday, January 15 Collegiate United Methodist Church Annex, Ames 1 p.m., 5:30 p.m.

Friday, January 17 Sioux City Public Museum, Sioux City 11 a.m., 12:30 p.m.  

Monday, January 20 Iowa City Public Library, Iowa City 10:30 a.m., 12:30 p.m.

WHY: Voter Accessibility

“The Arc is dedicated to a fully inclusive society for people with intellectual and developmental disabilities and that includes the right to civic engagement. Having the support of a partner at the Iowa caucuses and the opportunity to practice in advance will help people in the disability community exercise their right to vote. We know that in 2012, one in five voters with disabilities experienced a barrier at the polls. We believe CaucusAbility helps address some of the unique accessibility challenges Iowans with disabilities experience at the caucuses, despite equal access protections under civil rights law,” said Peter Berns, CEO, The Arc.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 600 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The woman in the motorized chair in the grass

Community Living Program Extension Passes: 2020 Year to Advocate for Deinstitutionalization

Washington, D.C. – This week, instead of finalizing a deal that would provide certainty and stability to a program that moves people with intellectual and developmental disabilities (I/DD) out of institutions and into the community of their choice, Congress reauthorized the program for only five months.

The Money Follows the Person program, or MFP, provides funds to states to continue their work on deinstitutionalization, by paying for programs not normally covered by Medicaid, such as housing and employment services. MFP has moved more than 91,000 people with disabilities and aging adults out of institutional settings and back into the community, where they belong. The program has also shown better quality of life outcomes and Medicaid savings averaging 20% per beneficiary per month.

Just a few weeks ago, a bipartisan deal was on the table to permanently extend the program. But in the final negotiations, the length of the support of the program was changed to five months.

“While this is a disappointing turn of events, we have our marching orders for 2020 – advocate, advocate, advocate for a permanent commitment to Money Follows the Person. There is widespread, bipartisan support for this successful program. If we are going to achieve the goal of bringing people out of the dark shadows of institutions to live meaningful, independent lives in the communities of their choice among their family members and peers, with appropriate supports and services, then Congress has to step up. We are ready to help make that happen in 2020,” said Peter Berns, CEO, The Arc.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 600 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

Couple hugging outside both with eyes closed

Paid Leave for Federal Workers Approved by Congress – But Falls Short for Disability Community

Washington, D.C. – This week, Congress approved 12 weeks paid parental leave for federal workers caring for newborns, newly adopted children, and foster children, but the benefit falls short. Federal employees with disabilities and their family members need paid time off for their own medical needs and for caregiving for reasons beyond welcoming a new child and we are disappointed that the country’s largest employer now has a paid leave policy that does not include these crucial components.

“We are somewhat encouraged to see Congress take a small step in the right direction, but this paid parental leave policy is not enough. We need comprehensive paid leave for everyone that works for everyone, including people with disabilities and their families. We will continue to advocate for the needs of the disability community in paid leave – Congress can and should do more,” said Peter Berns, CEO, The Arc.

In the U.S. workforce, only 1 in 6 workers has access to paid family leave to care for a family member with a serious health condition. Roughly 2 in 5 workers report they lack access to any paid leave. People with disabilities and their families often experience greater financial insecurity and are more likely to face barriers to employment that can render the financial impact of unpaid time off particularly devastating.

Comprehensive paid leave increases opportunities to take time off for a serious medical condition or to care for someone with a serious medical condition without seeing a sharp drop in income or putting one’s job or employer-based health insurance at risk. In addition, it can increase access to preventive care, such as going to doctor’s appointments, and lead to better overall health and well-being. Access to paid family and medical leave can help workers balance their personal care needs while working and providing support to a family member.

“Our expectation is that the federal government set the tone for other employers to enact paid leave policies that work for everyone. We will keeping fighting on this issue so that workers with disabilities and families that include people with disabilities one day have the comprehensive leave they need to contribute in the workforce and take care of their families,” said Berns.

The Arc has cultivated several national partnerships to bring the issue of paid family and medical leave further into the public spotlight and advocate on the federal level. Learn more about our work.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 600 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The man in the hospital bed

The Arc Deeply Troubled by Affordable Care Act Ruling

Washington, D.C. – The Arc is deeply troubled by Wednesday’s Federal Appeals Court ruling in Texas v. United States jeopardizing the health care of millions of people with disabilities. In a disappointing decision, the Fifth U.S. Circuit Court of Appeals declared part of the Affordable Care Act (ACA) unconstitutional. In sending the case back to the lower court that previously declared the entire ACA unconstitutional, the opinion leaves uncertain how much of the ACA will ultimately be struck down, putting the law and all of its vital protections at risk in the future.

People with intellectual and developmental disabilities (I/DD) who rely on the ACA could lose access to affordable and necessary health care, as well as important protections for people with disabilities and other pre-existing conditions.

The hard-fought expansion of Medicaid under the ACA is also at risk. More than 17 million people who gained coverage as a result of the expansion now face the cruel reality of possibly losing it including many people with disabilities. The relentless advocacy of The Arc and allies in the Medicaid fight of 2017 to preserve the ACA could be undone, causing irreparable harm to people with disabilities and their families, who face frustrating challenges accessing affordable and quality health care. Also, the decision itself points out that other important Medicaid programs that have moved people with disabilities back to their communities, such as the Community First Choice Option, hang in the balance.

“This decision is a threat to people with disabilities and their families. The Affordable Care Act’s protections for people with pre-existing conditions are the most important non-discrimination protections in health care. The ACA has been critical to improving health care access for people with disabilities,” said Peter Berns, CEO, The Arc. “While this decision won’t have an immediate impact, the potentially harmful consequences are widely understood – even the Fifth Circuit decision notes that the impact to people with disabilities must be a consideration. We fully support plans by several state attorneys general to challenge the decision all the way to the U.S. Supreme Court. People should know that the ACA remains the law of the land for now and any insurance coverage remains intact. The Arc has fought for accessible health care for people with I/DD every step of the way and we will continue to do so.”

In April, The Arc and several other organizations representing people with disabilities filed an amicus brief to urge the Fifth Circuit to reverse a lower court ruling finding the ACA unconstitutional. The brief outlined how the ACA has been essential to overcoming the disproportionate impact that America’s health care crisis has had on people with disabilities, and how it is uniquely difficult for people with disabilities to obtain affordable and adequate health insurance coverage despite depending on health care services more than those without disabilities.

Man picking up lettuce

The Arc Condemns New Food Stamp Program Rule

The Arc is concerned that a new federal rule in the food stamp program will hurt hundreds of thousands of people who experience food insecurity, including many with intellectual and developmental disabilities (I/DD). The change to the Supplemental Nutrition Assistance Program (SNAP), made final by the USDA this week, will make it harder for many people with I/DD and their families to put food on the table, despite existing but often hard-to-access exemptions for people who receive benefits on the basis of their disability.

The new rule, unfortunately the first in a series of three in the works, will make it more difficult for states to waive arbitrary time limits for some people to receive SNAP benefits. Based on data from 2018, the new rule will take away the food safety net from an average of more than 600,000 households a month and just over 100,000 households will receive lower benefits.

“People with disabilities and their families, as well as those with chronic health conditions, are more likely to experience food insecurity. The Administration acknowledged receiving more than 100,000 comments from the public, mostly in opposition, concerning this change to SNAP when it was a proposal,” said Peter Berns, CEO, The Arc. “It is stunning that the USDA still decided to move forward with a plan that limits access to food for so many people. We opposed the proposal and we condemn the final rule.”

Man getting on the bus

Huge Victory for Community Living for People With Disabilities: Agreement in Congress to Commit to Money Follows the Person Program

The Arc celebrates a major milestone victory in our decades-long fight to bring people with intellectual and developmental disabilities (I/DD) out of the dark shadows of institutions to live meaningful, independent lives in the communities of their choice among their family members and peers, with appropriate supports and services.

U.S. Senators Chuck Grassley and Ron Wyden announced a bipartisan agreement Friday to permanently reauthorize funding for the Money Follows the Person (MFP) program as part of the larger Drug Pricing and Healthcare Extenders Package. Permanent reauthorization of MFP would provide funds to states to continue their work on deinstitutionalization, by paying for programs not normally covered by Medicaid, such as housing and employment services. MFP has moved more than 91,000 people with disabilities and aging adults out of institutional settings and back into the community, where they belong. The program has also shown better quality of life outcomes and Medicaid savings averaging 20% per beneficiary per month. While the package still must be voted on in the House and Senate, a permanent reauthorization of this program has never been introduced, and is a major step forward. One that we will work hard to ensure becomes law.

“A bipartisan agreement in Congress to permanently reauthorize the Money Follows the Person program is extraordinary news for people with intellectual and developmental disabilities, their families, and advocates. It is also a true testament to the years of grassroots efforts on the ground led by The Arc and allies, and our persistent advocacy on Capitol Hill to save the program and defend the civil rights of people with I/DD,” said Peter Berns, CEO, The Arc. “The Arc was founded by parents and family members who rejected institutions and fought for decades to close them. We applaud elected officials who understand the value of MFP, core to our mission to advance community living and close all institutions. We look forward to continuing our work with leaders in Congress to pass permanent reauthorization of the program.”

This agreement is expected to be voted on in Congress this month.

brittany-simuangco

The Arc Applauds Federal Action to Support Parents With Disabilities

Washington, D.C. – The Arc applauds the U.S. Department of Health and Human Services for taking action to protect the rights of parents with intellectual and developmental disabilities (I/DD) under federal civil rights law. Parents with I/DD must not be subject to discrimination or be denied the opportunity to raise their children in their home based solely on a measure like IQ score.

After completing a compliance review, the Office for Civil Rights (OCR) at Health and Human Services announced an agreement with the Oregon Department of Human Services Child Welfare Program (ODHS) requiring ODHS to ensure they meet their obligations under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, and update its policies and procedures to prevent future discrimination against parents with disabilities in Oregon’s child welfare system. The agreement stems from a case in which ODHS removed two infant children from their mother and father and denied the parents appropriate supports to allow them to reunite with their children, largely because of the parents’ intellectual disabilities and IQ scores. We are encouraged that ODHS has agreed to this important work, including necessary policy changes and training opportunities.

“The Arc is a strong proponent of the rights of parents with intellectual and developmental disabilities to raise children. Research shows that the presence of I/DD does not itself preclude effective parenting. Parents with I/DD should have access to support as needed to perform parental roles just as they are supported in other valued social roles and activities. We are glad to see federal regulators reject stereotypical and discriminatory beliefs about the abilities of parents with I/DD to care for their children, particularly when considering the history of discrimination, including involuntary sterilization,” said Peter Berns, CEO, The Arc. “The Arc calls on state governments, as well as family support and early intervention programs to make sure that intensive and ongoing supports for parents with I/DD are available, so that parents like Amy Fabbrini and Eric Ziegler in Oregon can raise their children whenever possible.”

two men, a patient and a doctor, seated and talking

Let’s Talk About Sexual Violence Against Men With Disabilities

Men with disabilities are twice as likely as those without disabilities to experience sexual violence. Yet few people know just how common it is, including health care professionals.

The Arc’s National Center on Criminal Justice and Disability® and the Board Resource Center recognize that health care professionals are in a front line position to educate patients with disabilities about sexual violence and how to report it. The project is releasing new training videos and other valuable online resources to give doctors, nurses, and other health care professionals the practical tools they need to have simple, direct, and honest conversations about sexual violence with male patients who have intellectual and developmental disabilities.

Health care professionals generally have little or no experience talking about sexual violence with this population. And men with intellectual and developmental disabilities may not know if they are victims of sexual violence, how to talk about it to their doctor, how to report it to authorities, or how to access healing services like counseling.

Talk About Sexual Violence provides tools that build the capacity of health care professionals to talk about this issue with greater confidence and lays the groundwork needed to empower patients with disabilities to talk openly about sexual violence, decreasing the likelihood of future violence.

As part of the second phase of the Talk About Sexual Violence project, The Arc and the Board Resource Center are proud to present:

“Survivors need to talk things out. We need a safe place to tell things and be heard. Listen to us, hear us, believe us. Let us talk about it as long as we need to. Let us be brave with you. We are getting out the pain, one conversation at a time.” – James Meadours, National Peer Advocate & Survivor