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Advocates Fight to Protect Texas Man With Intellectual Disability from Execution

In a new amicus brief, The Arc, Disability Rights Texas, and AAIDD urge Texas court to follow science, not stereotypes

WASHINGTON, DC – In a critical death penalty case, The Arc of the United States, The Arc of Texas, Disability Rights Texas, and the American Association on Intellectual and Developmental Disabilities (AAIDD), along with law firm Fried, Frank, Harris, Shriver & Jacobson LLP, have filed a “friend-of-the-court” brief urging the Texas Court of Criminal Appeals to protect people with intellectual disability from unconstitutional executions.

The group is taking a stand in support of accurate identification of intellectual disability in the case of Blaine Milam, an inmate now on death row. Their message to the court is clear: when it comes to determining who has intellectual disability, courts must refer to clinical standards—not stereotypes.

Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel with The Arc of the United States: “The Arc’s advocacy led to the U.S. Supreme Court’s ruling more than 20 years ago that bars the execution of defendants with intellectual disability. Yet too often, outdated stereotypes and misconceptions lead to unjust outcomes, particularly in capital cases. We’re fighting to ensure that courts rely on clinical standards to ensure people with intellectual disability are properly identified and protected from execution. The stakes couldn’t be higher.”

Jason Kanterman, an attorney from Fried, Frank, Harris, Shriver & Jacobson LLP representing The Arc in this matter, commends The Arc and its team for their efforts in this case: “The Arc, Disability Rights Texas, and AAIDD play a pivotal role in protecting the rights and interests of individuals with intellectual disability and Fried Frank is proud to support these organizations in those efforts.”

The amicus brief comes at a critical time. Despite a 2002 U.S. Supreme Court ruling banning the execution of people with intellectual disability, the practice continues. In Atkins v. Virginia (2002), the U.S. Supreme Court recognized the special risk of wrongful execution faced by people with intellectual disability and banned their execution as cruel and unusual punishment under the Eighth Amendment. In Hall v. Florida (2014), the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. In Moore v. Texas (2017 and 2019), the Court strengthened this precedent by emphasizing the need to rely on well-established clinical standards—rather than stereotypes—in making intellectual disability determinations in death penalty cases. The Arc and AAIDD filed amicus briefs in Atkins, Hall, and Moore to educate the Court on the clinical diagnosis of intellectual disability and ensure that the important precedent set in Atkins continues to be strengthened and upheld in jurisdictions around the country.

Maggie Nygren, EdD, Executive Director & CEO of AAIDD: “Twenty-two years post Atkins, people with intellectual disability, particularly people of color, are still vulnerable to wrongful convictions and death sentences. That’s because some states continue to rely on stereotypes rather than clinical standards for determining and defining intellectual disability.”

The amici have deep sympathy for the family and friends of victims in this case and support appropriate punishment of all responsible parties. However, it is critical that courts utilize clinical standards and abide by the Constitution. In Mr. Milam’s case, the State’s expert did not rely on clinical standards for diagnosing intellectual disability. This was after the State’s previous expert used the proper standards, concluding that Mr. Milam is a person with intellectual disability and should not be put to death.

This case in Texas could have far-reaching implications by undermining vital U.S. Supreme Court precedent on cruel and unusual punishment for people with intellectual disability. Executions have become less common as society’s perspectives on the death penalty have shifted. A growing number of states have been responding to these rising concerns by banning or putting a hold on executions. The pressure is mounting on other states to ensure their practices are constitutional.

The Arc and its partners will continue their fight to protect the rights of people with intellectual disability in the criminal justice system, ensuring that the Constitution’s protections extend to all.

 

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. 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.

About The Arc of Texas: The Arc of Texas promotes, protects, and advocates for the human rights and self-determination of Texans with intellectual and developmental disabilities. Follow The Arc of Texas on Twitter, Facebook, and Instagram, and learn more at thearcoftexas.org.

About Disability Rights Texas: Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. To learn more, visit our website: www.drtx.org.

About the American Association on Intellectual and Developmental Disabilities (AAIDD): Established in 1876, AAIDD is the oldest and largest professional society in the U.S. concerned with intellectual and developmental disabilities. AAIDD promotes progressive policies, sound research, effective practices, and universal human rights for people with IDD. AAIDD engages its members and the general public through its three highly regarded professional journals, catalog of well-respected books and assessment tools, quality educational programming, and partnerships with other leaders within the disability community to address issues that are important to people with disabilities and their families.  Learn more at www.aaidd.org.

About Fried Frank: Fried Frank’s more than 750 lawyers are located in the key financial and government centers of New York, Washington, DC, London, Frankfurt and Brussels. The firm provides highly commercial guidance on sophisticated transactions, advises some of the largest private equity and asset management firms in the world, and develops effective litigation strategies to address its clients’ most critical challenges. More information can be found at www.friedfrank.com.

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The Home Depot Collaborates With Disability Community to Enhance Employment Access for Job Seekers With IDD

In an innovative partnership, The Home Depot has collaborated with leading disability rights organizations to remove barriers and improve job access for applicants with intellectual and developmental disabilities (IDD). The Home Depot worked closely with The Arc of the United States, the Autistic Self Advocacy Network (ASAN), and Equip for Equality (EFE) to develop policy changes that will create a more equitable hiring process for this underrepresented talent pool.

As part of this process, The Home Depot undertook a comprehensive review of its entry level hiring and reasonable accommodation process and, with advice and input from The Arc and ASAN, made adjustments to avoid the potential for unintended screen out of applicants with IDD. The changes that The Home Depot has implemented include explaining up front, and in plain language, more details about the steps in the company’s hiring process and the availability of reasonable accommodations, including by providing examples of specific accommodations for applicants with IDD, such as obtaining assistance from a job coach or support person and the ability to ask for a waiver of The Home Depot’s online assessment, as well as conducting additional training on inclusive and accessible hiring practices that includes the recent changes.

Research from a collaboration between Accenture, Disability:IN, and the American Association of People with Disabilities shows that companies that employ people with disabilities financially outperform companies that don’t. In addition, people with disabilities, on average, stay in their jobs longer than their counterparts without disabilities. Despite this, people with IDD continue to face unemployment and underemployment. Roughly 85% of people with IDD are unemployed. Many want to work and have skills to contribute but are not given serious consideration or opportunities. Among those who are employed, people with IDD are working fewer than 13 hours a week on average and less than one-fifth of them are getting any workplace benefits. This collaborative partnership is paving the way for more inclusion.

A good job is a key part of living a meaningful and inclusive life in the community for many people with IDD,” said Katy Neas, Chief Executive Officer, The Arc. “For too long, this talented and capable workforce has faced barriers that shut them out from reaching their full potential. Today’s announcement represents a pivotal step forward. By proactively listening to people with disabilities, The Home Depot is taking decisive action to dismantle employment obstacles. This collaborative approach marks a shift toward true equity and respect for people with IDD to pursue meaningful careers.”

“Progress has been achieved today through dialogue and partnership between disability advocates and Home Depot,” said Zena Naiditch, President and CEO, Equip for Equality. “We are delighted to partner with Home Depot to develop solutions that will ensure greater access to employment for job seekers with intellectual and developmental disabilities. The proactive approach Home Depot is taking is critically important to ensuring greater access to employment for people with disabilities.”

“We’re hopeful that this collaboration will result in a more inclusive hiring process and job opportunities for people with IDD,” said Avery Outlaw, Executive Director, Autistic Self Advocacy Network.

A Hispanic young man with disabilities sits with a teacher at a desk. He is looking at a laptop.

Comcast Grants $1M to Transform The Arc’s Data, Tech Training, and Spanish Education Resources

Washington, DC – The Arc of the United States and Comcast NBCUniversal announced a major expansion of their long-standing partnership that will break down barriers and create more equity and opportunity for people with intellectual and developmental disabilities (IDD). Comcast is providing a $1 million grant over two years to The Arc to modernize its data infrastructure, deepen the impact of its digital literacy programs, and give Spanish-speaking families access to special education advocacy. This funding is a part of Project UP, Comcast’s $1 billion commitment to advance digital equity and help create a future of unlimited possibilities.

Robust data is the foundation for driving meaningful change. This investment will revolutionize how The Arc collects and analyzes information across its network of nearly 600 chapters nationwide. The new centralized data system will track vital services its chapters provide, capture the scope of The Arc’s collective impact, and reveal insights to better advocate for and support the IDD community. The benefits of this new technology will reach every stakeholder: the national office will better support its chapters, chapters will learn best practices from each other and better meet their community’s needs, and people with disabilities and their families will have a stronger federation to rely on.

“In our pursuit of a fully inclusive society, data is power,” said Katy Neas, CEO of The Arc of the United States. “This grant allows us to wield our collective strength across our nearly 600 chapters to more strategically uplift millions of people with disabilities across America, making our human impact even greater.”

Comcast has also supported The Arc’s efforts to ensure resources are accessible to Hispanic communities. Through funding in 2023, The Arc@School Special Education Advocacy Curriculum was translated into Spanish and launched in early 2024. As part of the new grant, The Arc will conduct targeted outreach to Hispanic communities through Spanish-language webinars, collaboration with Spanish-speaking Special Education Advocates, and local program access to help this underserved population become strong special education advocates. The funding will specifically provide subgrants to five chapters of The Arc—located in Arizona, Colorado, Florida, Texas, and Virginia—that will give 150 Spanish-speaking families free access to the program and host focus groups to learn and better ensure their children receive a quality public school education.

“For too long, students with disabilities have faced a whole host of barriers that have denied them the free, appropriate public education they are entitled to,” Katy Neas said. “It is essential that parents and school personnel alike fully understand their rights and responsibilities so that students get the education they need consistent with federal law. Our partnership with Comcast to get The Arc@School in the hands of more families and educators is tearing down those barriers in profound ways. With their support, we are empowering students to not only access the education they deserve but to truly thrive.”

In addition, the Comcast grant will support The Arc’s Tech Coaching Centers, which provide customized digital skills training to people with IDD. The Arc will broaden its training to include caregivers and family members, which will better integrate technology skills into all environments of a person’s daily life, and support a total of 10 sites across Colorado, Florida, Illinois, Indiana, Maryland, New Jersey, Oregon, Tennessee, and Texas. Since 2014, Comcast has helped The Arc’s Tech Coaching Centers empower over 2,500 people with IDD through training that advances measured outcomes in employment, health, independent living, education, and interpersonal connections.

“Whether it’s having a reliable job, managing your health, learning lifelong skills, or being socially connected—technology is the bridge to opportunities and independence,” said Dalila Wilson-Scott, EVP and Chief Diversity Officer of Comcast Corporation and President of Comcast NBCUniversal Foundation. “We’re proud to partner with The Arc to meaningfully advance digital access and equity for people with disabilities.”

 

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. 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.

 

About Comcast Corporation: Comcast Corporation (Nasdaq: CMCSA) is a global media and technology company. From the connectivity and platforms we provide, to the content and experiences we create, our businesses reach hundreds of millions of customers, viewers, and guests worldwide. We deliver world-class broadband, wireless, and video through Xfinity, Comcast Business, and Sky; produce, distribute, and stream leading entertainment, sports, and news through brands including NBC, Telemundo, Universal, Peacock, and Sky; and bring incredible theme parks and attractions to life through Universal Destinations & Experiences. Visit www.comcastcorporation.com for more information.

 

Media Contacts:

Jackie Dilworth

dilworth@thearc.org

 

Kim Atterbury

k.kim_atterbury@comcast.com

A woman in a wheelchair is holding a tablet and showing it to a man seated next to her who is holding a clipboard. They are in a work setting.

5 Disability Stories Journalists Should Be Covering Right Now (2024)

Journalists, are people with disabilities and disability issues at the forefront of your coverage? With over 61 million Americans and 1 billion people globally living with a disability, we all know and love someone with a disability. Yet this large and influential community remains underrepresented in media narratives. Too often, disability stories perpetuate negative stereotypes, reduce people to inspirational tropes, or oversimplify their diverse experiences and intersectional identities.

The Arc has driven disability rights for nearly 75 years, and we want to help you elevate authentic and diverse disability perspectives across all beats. Building on last year’s overlooked topics, we’re bringing you five new timely topics that demand greater attention. We hope this gives you a starting point to investigate the systemic barriers, discrimination, and lack of access and representation that people with disabilities face every day.

Here are 5 crucial angles you should report on in summer and fall 2024:

1. Disability Pride Month

July marks Disability Pride Month, commemorating the anniversary of the Americans with Disabilities Act (ADA). Yet this annual celebration championing disability rights and human diversity rarely shows up in news programs or stories. Just like American Heart Month or Autism Acceptance Month, Disability Pride Month has rich storytelling potential. What began as grassroots parades asserting disabled people’s rights to live freely has evolved into a global movement accepting each disabled person’s uniqueness and rejecting ableism and societal pressures on non-normative bodies. It’s also an opportunity to rally around policy priorities like health care access and barriers to employment and education.

Capture the intersectional perspectives uplifting disability pride across races, LGBTQ+ identities, disability types, and other marginalized groups. Spotlight trailblazing activists and organizations continuing the fight for inclusion. Analyze how companies and governments are following through on accessibility commitments.

Don’t let inspiration porn define your coverage. Disability Pride symbolizes resilience, beauty in human diversity, and the notion that disabled lives are equally valued. Uplifting authentic voices can reshape attitudes and catalyze change in your community.

2. The Child Care Crisis

Like all parents, parents of children with disabilities want to see their child thrive, and child care is crucial to that. As you cover America’s overarching child care accessibility and affordability crisis, consider a too-often overlooked angle—the severe obstacles facing families of children with intellectual and developmental disabilities (IDD).

These families confront the most difficult barriers in finding trusted, safe, developmentally appropriate child care. Many providers outright deny services to children with IDD or prematurely expel them, deeming accommodations too burdensome despite legal requirements. Research found 1 in 6 children with autism have been kicked out of child care.

Affordable, inclusive child care programs are scarce, and the consequences are devastating. Without reliable care, parents are forced to make career sacrifices, losing income and opportunities, which only adds to their extreme stress. Children with IDD miss pivotal social and developmental experiences alongside their peers. Congress has recently taken notice of this crisis, asking the Government Accountability Office to conduct a first-ever study on the difficulties that parents of children with disabilities face in finding child care. Numerous constituents of The Arc shared their experiences for the study.

Investigate nearby centers’ admission and expulsion policies. Hold providers accountable for discriminatory practices. Encourage local parents of nondisabled children to foster inclusion and acceptance of disabled children. Spotlight the economic and emotional toll this crisis leaves on parents of children with disabilities. Center these marginalized families in your storytelling.

The experiences of families of children with disabilities must be part of this national crisis.

3. Election 2024

This election cycle carries enormous significance for Americans with disabilities, the nation’s largest minority voting bloc. Yet their perspectives and the policies shaping their daily lives are consistently overlooked in candidate debates, interviews, and media narratives. Disability cuts across every community and every issue—from education and employment to health care access and criminal justice reform. Candidates’ stances on these topics will profoundly impact disabled voters’ quality of life. And new federal guidance from the Department of Justice reinforces that the ADA prohibits discrimination in voting and protects the rights of people with disabilities.

Spotlight the diverse perspectives and policy priorities from disability advocates. Investigate how proposals on safety nets like Medicaid and Social Security will tangibly affect this population’s independence and economic mobility. Ask the tough questions about how candidates will address systemic barriers and discrimination that shut out disabled voters.

Most crucially, ensure your coverage itself is accessible and inclusive. Center disabled voices as sources and authors—not just subjects. Consciously counter biases and tropes about disability in language and graphics you use.

We hope your election coverage will elevate the disability community’s needs as frontline issues. Here’s a guide to help you get started.

4. The Social Security Customer Service Crisis

When people apply for crucial Social Security benefits, the process should be fair, prompt, and accessible. But for far too many, that’s not the reality.

The Social Security Administration (SSA) is the gatekeeper to disability benefits that millions of people with disabilities rely on for survival. Unfortunately, they’re facing a customer service crisis after more than a decade of underinvestment, rapidly expanding workloads, and record-high staff attrition. Its administrative budget has been cut by 20% over 9 years, now making up less than 1% of benefits paid—a stark contrast to what private insurers spend on overhead.

The consequences have been devastating. Over 1.1 million initial disability claims are currently pending—almost double pre-pandemic levels. Thousands of people are dying each year while desperately waiting for the income and insurance they need to survive.

Disability advocates have been sounding the alarm, demanding action from Congress. The Arc recently joined 22 organizations urging lawmakers to properly fund the SSA through the President’s budget request. They must give this agency the resources and staffing it needs to promptly and fairly adjudicate claims—upholding people with disabilities’ life-sustaining benefits and basic human dignity.

If you cover this nationally-recognized crisis, don’t overlook the experiences of people with disabilities. Localize the claims delays impacting your community. Hold leaders and lawmakers accountable for solutions. Elevate the stories of people with disabilities who are struggling to navigate life without these crucial benefits. Their stories are what will compel overdue reform.

5. AI in the Classroom

As artificial intelligence (AI) rapidly evolves, you can’t overlook its complex impact on education, especially for students with disabilities. There are opportunities, but also equity and ethical concerns to navigate.

The potential upsides? AI can tailor educational materials to individual needs and learning styles, benefiting students who require customized instruction. Additionally, AI boost accessibility for students with disabilities by converting content into visuals, simplified language, text-to-speech, or speech-to-text. Algorithms analyzing student data could also identify trends and patterns that can inform tailored instructional strategies and interventions.

But AI bias is a major risk. If trained on data underrepresenting or stereotyping certain groups, the system’s recommendations could entrench discrimination against students with disabilities. There are also ethical and privacy issues around consent, autonomy, and the appropriate use of student data. Clear guidelines and safeguards are vital to protect students’ rights and well-being.

Localize this nationally-relevant topic by scrutinizing your school district’s AI policies and spending. Gather perspectives from educators, parents, and students themselves. How are they mitigating bias and protecting students with disabilities? Is AI’s efficiency inadvertently diminishing human interaction’s role?

As always, center the rights and needs of the disability community. Hold AI companies accountable for inclusivity and ethical design from the start. Highlight work making AI truly accessible and empowering for disabled students. By examining AI’s complex classroom implications, your coverage can drive thoughtful dialogue and ensure no student is left behind.

BONUS Topic: Discrimination & Criminalization of Parents With Disabilities

As journalists ramp up Mother’s Day and Father’s Day content, one perspective is often missing—the experiences of disabled parents. This glaring oversight perpetuates harmful biases that parents with disabilities face, leading to widespread discrimination and even family separations.

Despite having the same dreams of raising children as everyone else, parents with IDD are shockingly overrepresented in the child welfare system. Up to 80% permanently lose custody due to prejudicial doubts about their caregiving abilities rather than evidence of neglect or abuse.

For all their resilience, parents with IDD also face everyday discrimination as they navigate life as a parent—from educators to cashiers. Stories humanizing their loving bonds and advocacy battles are urgently needed.

This Mother’s, Father’s, and Parent’s Day, celebrate their journeys through authentic, nuanced profiles. Highlight the support systems sustaining parents with disabilities. Elevate disabled parents’ own experiences to counter negative stereotypes about them being “unfit.” Spotlight their pride, resilience, and devotion to their children. Most crucially, include video, images, and stories of parents with disabilities in your everyday coverage of parenting topics.

This angle offers fresh perspectives that will strengthen your holiday storytelling and year-round diversity coverage.

Please contact us at dilworth@thearc.org if you need sources, background information, or other issues. Also, be sure to visit our Press Center to find guides on reporting on disability. We are excited to see your impactful work!

A person with disabilities using a wheelchair is with a thre other people. They are on a sidewalk in a city.

The Arc and United Health Foundation Launch $2.5M Partnership to Tackle Mental Health Crisis for People With Disabilities

The partnership will provide $100,000 to 10 communities to expand mental health support for people with intellectual and developmental disabilities

MINNEAPOLIS, MN, and WASHINGTON, DC – The United Health Foundation, the philanthropic foundation of UnitedHealth Group (NYSE: UNH), has awarded The Arc of the United States a three-year, $2.5 million grant to improve mental health care for people with intellectual and developmental disabilities (IDD). Up to 40% of people with IDD have co-occurring mental health conditions, and this critical funding will help address their unmet mental health needs.

Currently, only 1 in 10 children and adolescents with IDD and mental health disorders receive specialized services. Additionally, people with disabilities report 3 times more suicidal ideation compared to those without disabilities, and adults with disabilities are 3.5 times more likely to experience frequent mental distress. These statistics highlight the need for training and awareness to ensure providers and caregivers are equipped to support the mental health needs of people with disabilities.

“People with intellectual and developmental disabilities face barriers from the moment they are born, which can have a direct impact on their mental health,” said Katy Neas, CEO of The Arc of the United States. “But too often, their mental health needs are going unmet due to stigma, lack of training, and biases. This generous investment by the United Health Foundation gives us a path to tackle this mental health crisis head-on by providing critical training to all who interact with our community—medical professionals, caregivers, first responders, educators, families, and more. Let’s work together to improve coordination of care, raise awareness, and ensure everyone’s mental health needs are supported.”

The partnership will deploy $100,000 in direct grants to 10 chapters of The Arc nationwide to build comprehensive local solutions tailored to people with IDD. This includes expanding access to quality mental health care services, improving coordination between disability and health systems, training over 2,000 providers and caregivers to recognize mental health needs in people with IDD, and launching public awareness campaigns to counteract stigma and misconceptions.

The 10 chapters receiving grants are: The Arc of Arizona, The Arc of Loudoun (VA), The Arc of Macomb County (MI), The Arc of Mississippi, The Arc of Oklahoma, The Arc Oregon, The Arc Prince George’s County (MD), The Arc Rhode Island, St. Louis Arc (MO) and Sertoma Star Services (IL).

“When we root ourselves in empathy and build alongside those with lived experiences, pretty powerful things begin to take shape,” said Dan Schumacher, executive vice president, UnitedHealth Group, who also serves on the Board of Directors of the United Health Foundation and as the executive sponsor of UnitedHealth Group’s disability inclusion employee resource group. “The United Health Foundation is committed to building strong partnerships and providing resources to address the needs of our communities. Together with The Arc, we’re excited to see the impact this work has on providers, caregivers and the people they serve.”

A key component of the grant is partnering with the National Council for Mental Wellbeing to adapt its evidence-based Mental Health First Aid program with information on IDD. The training teaches how to identify and respond to signs of mental illness and substance disorders. As the Council notes, “Most of us would know how to help someone having a heart attack, but too few know how to respond if someone was having a panic attack or showing signs of substance abuse. Mental Health First Aid takes the fear out of starting these conversations.”

Over three years, the United Health Foundation grant will help train caregivers, health care professionals, first responders, educators, and family members to recognize the mental health needs of people with IDD and decrease the number of mental health crisis incidents experienced by this population. The partnership will also provide mental health resources directly to people with IDD through the participating chapters to help them recognize and communicate their own needs. This is vital for individuals, and also families as research shows the mental well-being of parents of children with IDD is strongly influenced by the severity of their child’s co-occurring mental health conditions.

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more.

About the United Health Foundation: Through collaboration with community partners, grants, and outreach efforts, the United Health Foundation works to improve the health system, build a diverse and dynamic health workforce, and enhance the well-being of local communities. The United Health Foundation was established by UnitedHealth Group (NYSE: UNH) in 1999 as a not-for-profit, private foundation dedicated to improving health and health care. To date, the United Health Foundation has committed nearly $800 million to programs and communities around the world, including a $100 million commitment to help diversify the health workforce. To learn more, visit UnitedHealthFoundation.org.

Media Contacts:
Tony Marusic
UnitedHealth Group
312-363-7714
tony_marusic@uhc.com

Jackie Dilworth
The Arc of the United States
202-617-3271
dilworth@thearc.org

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The Arc Fights for the Rights of Homeless People With Disabilities in Landmark Supreme Court Case

The Arc Joins Law Enforcement Associations, Faith-Based Organizations, Medical Professionals, Legal Experts, Academic Leaders, Advocates, and Members of Congress in an Amicus Brief Urging an End to the Criminalization of Homelessness

Washington, DC — In a historic move to protect the rights of people with disabilities experiencing homelessness, The Arc of the United States has joined a powerful coalition of advocates in submitting an amicus brief for the upcoming U.S. Supreme Court case Johnson v. Grants Pass. This case could end the cruel and unconstitutional criminalization of homelessness nationwide, a crisis that disproportionately impacts the disability community.

Johnson v. Grants Pass is the most important case regarding homelessness in the past 40 years. It will address the critical issue of whether laws punishing homeless individuals for sleeping outdoors with basic protections such as a pillow or blanket—when no safe and accessible shelter options are available—are violations of the Eighth Amendment of the U.S. Constitution, which protects against excessive bail, fines, and cruel and unusual punishment.

As noted in the amicus brief, the members of Grants Pass’ homeless community do not choose to be homeless. Instead, in a city with no public shelters, they have no alternative but to sleep in parks or on the street. The Ordinances do not deter disabled homeless people from sleeping in public places because they have no alternative. They do not rehabilitate homeless people from their involuntary conduct but make it even less likely that they will be able to obtain adequate housing.

People with disabilities face daunting barriers to accessible, affordable housing. Less than 5% of housing is accessible for moderate mobility needs, and under 1% is accessible for wheelchair users. Widespread discrimination compounds the problem. Housing costs are also 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 U.S. exceeds the maximum monthly Supplemental Security Income a person can receive. With limited income and a lack of affordable options, people with disabilities are at heightened risk of homelessness and institutionalization.

“Criminalizing homelessness exacerbates the systemic injustices impacting people with intellectual and developmental disabilities,” said Shira Wakschlag, The Arc’s Senior Director of Legal Advocacy & General Counsel. “People with intellectual and developmental disabilities (IDD) face a serious lack of safe, affordable, accessible, and integrated housing and experience significant housing-related discrimination. People with IDD are also among the nation’s poorest citizens due to inadequate benefits and services, putting many at risk of unnecessary institutionalization or homelessness. Punishing them for having no choice but to sleep outdoors is a moral failing that perpetuates discrimination, poverty, and segregation. It also does nothing to provide the supports and services homeless people with disabilities need to end the cycle of poverty.”

The Arc joins over 20 disability rights organizations and scholars in an amicus brief that demands justice for the rights of homeless individuals across the U.S. They are joined by the National Homelessness Law Center (NHLC) and a broad array of hundreds of organizations and public leaders who have submitted a total of 39 amicus briefs on behalf of the plaintiffs.

“This case challenges us to face the reality that using things like jails and fines do nothing to solve homelessness and actually make homelessness worse,” said Jesse Rabinowitz, campaign and communications director for NHLC. “Punishing our neighbors who have no choice but to sleep outside pushes them further into poverty and makes it harder to secure work and housing. The overwhelming support from a diverse array of organizations that we see in these amicus briefs underscores the need for our elected officials at every level of government to solve homelessness with housing and support, not make homelessness worse by using jail cells and bulldozers.”

Currently, more than 600,000 people in the U.S. experience homelessness on any given night, with nearly half—250,000—sleeping outside. Data from the U.S. Department of Housing and Urban Development shows a rise in homelessness for both sheltered and unsheltered individuals in nearly every state. The primary cause of the record levels of homelessness we see today is the unaffordable housing market, according to research from the Harvard Joint Center for Housing Studies.

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit thearc.org or follow us @TheArcUS to learn more. 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.

About the National Homelessness Law Center: The National Homelessness Law Center (NHLC) is at the forefront of the fight against homelessness in America. Our mission is to fearlessly advance federal, state, and local policies to prevent and end homelessness while fiercely defending the rights of all unhoused persons. We work to shape and advance policies at the federal, state, and local levels aimed at preventing and ultimately ending homelessness. By fostering partnerships, influencing policy, and mobilizing communities, the NHLC is dedicated to transforming how society addresses homelessness, striving for a future where everyone has a place to call home. Learn more at homelesslaw.org.

A police woman wearing a hat a "police" vest stands looking out onto a crowd of people.

New Police Training Aims to Bridge Gap and Build Safety With Disability Community

Washington, DC – In the wake of the police killing of Ryan Gainer, a Black autistic teenager, The Arc of the United States and the U.S. Department of Justice’s Office of Community Oriented Policing Services (COPS Office) are announcing a landmark program to protect the lives and futures of people with disabilities. Just Policing—made possible by a $750,000 grant from COPS Office—will provide disability awareness training to police officers across the country. The program, designed to bridge the gap between law enforcement and people with intellectual and developmental disabilities (IDD), aims to address the high rates of victimization and criminalization this community faces often due to a lack of understanding and support.

The new police training program, Just Policing: Disability Inclusion Training, will provide officers with comprehensive knowledge and tools to understand and better serve people with IDD. The training will focus on enhancing bias, effective communication, recognizing IDD, de-escalation techniques, and legal obligations to ensure effective and respectful interactions. By equipping officers with this specialized training, The Arc and COPS Office are committed to improving the safety, inclusion, and overall well-being of the disability community.

Here’s why it matters: People with IDD face overrepresentation and discrimination in all stages of the criminal justice system, from increased policing to harsher sentencing. This can lead to a cycle of victimization and criminalization, perpetuating the barriers faced by people with IDD. Although people with IDD represent up to 3% of the U.S. population, the Bureau of Justice Statistics found that 20% of prisoners and 30% of jail inmates reported having a cognitive disability. People with IDD are often mistakenly perceived as suspicious due to behaviors related to their disability and may not be able to understand or respond appropriately to an officer’s commands. Not all disabilities are visible, and assumptions from officers can have deadly results. As victims, they are three times more likely than nondisabled people to be victims of violent crime and seven times more likely to experience sexual assault. Yet officers may question if people with IDD are credible witnesses, which leads to low levels of reporting these crimes.

Just Policing, launching in July 2024, will be offered both online and in-person, with the goal of training over 5,000 officers with the support of chapters in Indiana, Oregon, New Mexico, and Virginia. This would reach law enforcement who serve roughly 2 million Americans in their local communities with an additional 10 million with two statewide efforts. The in-person trainings will be led by The Arc’s local chapter staff, law enforcement trainers, and self-advocates—people with IDD who can share their lived experiences and perspectives. By addressing ableism and biases, increasing tolerance among officers, and supporting community policing strategies, the training aims to make the criminal justice system more accessible and trustful to people with IDD. Just Policing is based on a module of The Arc’s National Center for Criminal Justice and Disability’s Pathways to Justice training.

“Far too often, misunderstandings between law enforcement and people with disabilities have tragic consequences,” said Leigh Anne McKingsley, Senior Director of The Arc’s National Center for Criminal Justice and Disability. “People with disabilities should feel safe and protected in our communities. That’s why we’re bringing them together with officers and The Arc’s criminal justice experts to build awareness of the rampant, dangerous, and overlooked issues they face in our criminal justice system. Our aim is to build trust and replace fear with empathy and compassion on both sides,” she continued.

“The Office of Community Oriented Policing Services (COPS Office) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing which begins with a commitment to building trust and mutual respect between police and communities,” said LaToshia Austin, PhD, Policy Analyst at the Department of Justice, COPS Office. “We are excited to fund the Just Policing: Disability Inclusion Training project by The Arc which was provided through our FY23 Tolerance, Diversity, and Anti-Bias Training – Community Policing Development Solicitation. Our goal is to increase law enforcement training on tolerance, anti-bias, diversity, and cultural awareness which will help law enforcement agencies improve community engagement, increase trust, and enhance collaborative problem-solving efforts. We envision the project to be a great success and will improve cultural competency and police legitimacy by providing high quality, interactive training for law enforcement on their interactions with persons with disabilities.”

“My justice entanglement affected how social I was because many people were willing to accept the allegations,” said a young adult with autism and traumatic brain injury who was involved with the criminal justice system and participates in The Arc’s police trainings. “It impacted my education and my ability to apply for employment. It took a long time to show that the allegations against me were not true. I am fortunate to have a family who accepted me and fought to find out the truth. Those of us who have IDD need to be involved in the trainings. Officers should begin to identify, investigate, and preserve accommodations for people with IDD just like they do other evidence. When we share our experiences, it has greater impact.”

“I’m privileged to work with both law enforcement and people with IDD to improve communication and outcomes” said Misha Marie, Social Navigator and Just Policing Trainer at The Arc of Benton County. “The best part of the work is seeing both groups relax and begin to be comfortable with each other. This is a giant step in the right direction for all of us to live in safer, healthier communities.”

In addition to training frontline officers, the project will strengthen partnerships between law enforcement agencies and local chapters of The Arc invested in making their communities more inclusive, accessible, and just for all.

A photo of Ryan Gainer standing outside. He is wearing a blue polo shirt and smiling.

The Arc’s Statement on the Killing of Ryan Gainer

A photo of Ryan Gainer standing outside. He is wearing a blue polo shirt and smiling.The killing of Ryan Gainer, a Black autistic teen, is a devastating injustice. Too many people with disabilities, especially those from marginalized communities, cannot access the crisis intervention services they need. In the face of Ryan’s mental health crisis, his family called 911 for help. Instead of receiving the care he needed from a competent professional, he was killed. Because of the tragedy of Ryan’s death and the death of others before him, The Arc’s National Center on Criminal Justice & Disability is working to reform our public safety practices across the country. This center offers comprehensive training to improve crisis response for people like Ryan. Our hearts go out to the Gainer family and all those who loved Ryan. We pledge to continue to keep working for a just, equitable world for all people with disabilities.

A school bus stopped with a diverse group of children, including children with IDD, waiting to get on and off the bus.

DC’s OSSE Sued for Failure to Provide Safe and Reliable School Transportation, Denying Disabled Students Access to Education

Class Action Seeks to Remedy Systemic Failure and Violations of Federal and State Law

March 7, 2024 – Parents and guardians of children with disabilities living in the District of Columbia (DC), along with The Arc of the United States, filed a class action lawsuit today against DC’s Office of the State Superintendent for Education (OSSE) 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.

“The buses meant to help children with disabilities build their education and futures are instead perpetuating their exclusion. This is not just a matter of tardiness or inconvenience. It’s stealing children’s opportunities to learn, grow, and connect with their peers,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel of The Arc of the United States, a non-profit that works to promote and protect the civil and human rights of people with intellectual and developmental disabilities. “This systemic failure segregates students with disabilities from their peers and deprives them of equal access to education in violation of the law. When school buses become barriers themselves, we need to fight to ensure that no child is left stranded.”

According to the complaint, the OSSE Division of Transportation (OSSE DOT) has continually failed to provide consistent, safe and properly equipped transportation:

  • Buses routinely arrive very late to pick students up from their homes, or do not arrive at all, causing kids to miss an exorbitant number of school days. One 14-year-old student was late to school 90 times in the 2022 – 2023 school year.
  • Students are picked up early from school and miss critical instructional time or are left stranded at school without guaranteed transportation back home. “Because [my child] consistently arrived home late, he would miss critical therapies that were ordered by his doctor,” said Veronica Guerrero, plaintiff and mother of a 14-year-old student.
  • Students are forced to spend excessive time on the bus, causing physical and mental harm when they are unable to access food, medication, or toilets. As a result, one 13-year-old student with a rare chromosomal disorder has arrived home on multiple occasions with a soiled diaper.
  • Buses do not provide appropriate accommodations (including properly trained medical personnel) and equipment that children with disabilities need to ride the bus safely. One eight-year-old student’s medical conditions require that she ride the bus with a nurse present. On multiple occasions, and without notice to the family, the bus arrives without a nurse onboard to properly care for her.
  • Buses cannot be reliably tracked, and families have no way to find out where their children are located while riding a bus. One 11-year-old student was missing for four hours before school staff located him.

“DC was under court supervision after a lawsuit for the exact same problem until 2012. Although the District had shown they were moving in the right direction then, now we are moving back to where we once were despite years of parents and community leaders working together to attempt change through local advocacy efforts,” said Kathy Zeisel, Director of Special Legal Projects of the Children’s Law Center and counsel for the plaintiffs. “We can no longer plead and hope for change. We’re taking action to ensure DC children receive the education they deserve.”

“The District’s failure to provide safe, reliable, and appropriate transportation to students with disabilities is part of a trend where the District does not live up to its obligations to children and families,” said Kaitlin Banner, Deputy Legal Director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and plaintiff counsel. “We hope this lawsuit creates the systemic changes we need for students to get to school safely and on time so they can learn.”

The plaintiffs include parents and guardians of children with a range of disabilities who require transportation accommodations and support to access their education. Together they seek to remedy this systemic failure, which violates federal and state law, including the Individuals with Disabilities in Education Act (IDEA), Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the District of Columbia Human Rights Act (DCHRA).

Under the IDEA, DC students with disabilities are entitled to a free appropriate public education (FAPE), which must include services and accommodations set forth in students’ individualized education plans (IEPs), including transportation. The ADA, Section 504, and the DCHRA require that students with disabilities have an equal opportunity to access their education and prohibit unnecessary segregation of students with disabilities.

“Children with disabilities are missing critical education and related services, all of which are necessary for them to receive a free appropriate public education guaranteed under the IDEA,” said Margaret Warner, a Partner at international law firm McDermott Will & Emery and counsel for the plaintiffs. “OSSE’s transportation system that provides these services continually fails to reasonably support DC students’ special education, as mandated by their IEPs.”

The case is Robertson v. District of Columbia and has been filed in the US District Court for the District of Columbia.

The plaintiffs are represented by Shira Wakschlag and Evan Monod of The Arc of the United States; Kathy Zeisel of DC’s Children’s Law Center; Kaitlin R. Banner, Margaret F. Hart, and Chelsea Sullivan of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs; and Margaret H. Warner, Eugene I. Goldman, Theodore E. Alexander and Christopher M. Shoemaker of McDermott Will & Emery LLP.

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About The Arc of the United States
The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. 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.

About Children’s Law Center
Children’s Law Center believes every child should grow up with a strong foundation of family, health, and education and live in a world free from poverty, trauma, racism and other forms of oppression. Our more than 100 staff—together with DC children and families, community partners, and pro bono attorneys—use the law to solve children’s urgent problems today and improve the systems that will affect their lives tomorrow. Since our founding in 1996, we have reached more than 50,000 children and families directly and multiplied our impact by advocating for city-wide solutions that benefit hundreds of thousands more. For more information, please visit www.childrenslawcenter.org.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

About McDermott Will & Emery
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. For more information, please visit www.mwe.com.

The Arc logo

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

Plaintiffs argue state law discriminates against voters of color and voters with disabilities, threatening democratic foundations.

San Antonio, TX – A six-week trial challenging regressive voting rights provisions in Texas’ Senate Bill 1 (S.B. 1) concluded with closing arguments today in the U.S. District Court for the Western District of Texas. The lawsuit asserts that S.B. 1 violates the First, Fourteenth, and Fifteenth Amendments of the U.S. Constitution and Section 2 of the Voting Rights Act by targeting and making more difficult the methods and means of voting used by voters of color. Plaintiffs also argue the law violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Section 208 of the Voting Rights Act by imposing voting barriers that discriminate against voters with disabilities and deny people with disabilities full and equal opportunities to participate in the state’s voting programs.

The case is comprised of five lawsuits, including Houston Area Urban League v. Abbott, which was filed in 2021 by the Legal Defense Fund (LDF), Reed Smith LLP, ArentFox Schiff, and The Arc on behalf of the Houston Area Urban League (HAUL), Delta Sigma Theta Sorority, Inc., The Arc of Texas, and Jeffrey Lamar Clemmons, a poll worker.

Plaintiffs are challenging several provisions within the restrictive law including: a ban on drive-thru voting; restrictions on early voting hours, which impose a ban on 24-hour voting; and new ID requirements for voting by mail. S.B. 1 also establishes new requirements—and possible criminal penalties—for people who assist voters who need help filling out their ballots, including voters with disabilities.

The timing of a decision from Judge Xavier Rodriguez is pending.

“True democracy does not tolerate barriers that make it harder for citizens to vote based on race or ability, but rather it encourages voting and political participation because diversity of thought, ability, and background makes us stronger,” said Amir Badat, Special Counsel, Legal Defense Fund. “S.B. 1 runs counter to the sentiment of participation and democracy.”

“We are not just in a legal battle; we’re fighting for the very heart of our democracy,” said Elsie Cooke-Holmes, International President of Delta Sigma Theta Sorority, Inc. “S.B. 1 is a calculated assault on our foundational values. We remain steadfast in combating these discriminatory practices to guarantee every citizen’s unimpeded access to the ballot box, ensuring their vote is cast and counted.”

“Democracy works when elections are accessible to all eligible voters,” said Kenneth Broughton, Partner, Reed Smith LLP. “This legislation prevents, inhibits, and discourages eligible voters from casting their ballots in violation of the Voting Rights Act and the United States Constitution.”

“We are proud to stand with our clients Houston Area Urban League, Delta Sigma Theta, The Arc of Texas, and Jeffrey Clemmons, to protect the rights of all Texans—no matter their race, their language, or whether or not they identify as having disability—to meaningfully participate in the political process,” said J. Michael Showalter, Partner, ArentFox Schiff.

“S.B. 1 poses a Catch-22 for disabled voters, because it makes both in-person voting and voting by mail more burdensome and inaccessible,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel, The Arc of the United States. “Throughout trial, we have heard from voters with disabilities about how S.B. 1 raises the cost of voting and forces voters with disabilities to rely on burdensome workarounds that require them to expend significant additional time, subject themselves to physical pain and mental stress, experience multiple ballot rejections, and work twice as hard as non-disabled voters in order to participate in the voting process and have their vote counted, making them feel like second-class citizens. This is not the equal opportunity the ADA was enacted to provide and cannot possibly be consistent with the ADA’s clear and comprehensive mandate to eliminate discrimination against people with disabilities and integrate them into the mainstream of American life.”

“In 2020, we saw bigger turnout numbers in Harris County than ever before. Not only can we boast that we have the most diverse county in the nation, but we are also civically engaged,” said Judson Robinson III, President & CEO of the Houston Area Urban League. “We see S.B. 1 as a tool being used to completely disrupt diverse voter engagement and participation here in Houston. Additionally, S.B. 1 makes it nearly impossible for hourly workers to participate in our elections. We believe now, and always, that shift workers deserve their right to vote just like everyone else.”

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