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The Arc in Nevada’s Self-Advocacy Coordinator Honored for Impact on Disability Movement

Yesterday, The Arc in Nevada’s Santa Perez was presented with The National Association of Councils on Developmental Disabilities’ (NACDD) Champions of Equal Opportunity (CEO) Award for 2013. Delaware Governor Jack Markell is NACDD’s other CEO Award recipient this year for his work as the Chair of the National Governors Association where he is promoting employment for people with disabilities nationwide.

Perez joined The Arc in Nevada as Self-Advocacy Coordinator in 2012. In her role, she focuses on ensuring self-advocates, or people with disabilities who advocate on their own behalf for their rights, in Nevada have the information and access they need to become engaged in advocacy activities through The Arc in Nevada’s “Growing a Grassroots Movement” project.

Originally from Southern California, Perez earned her Bachelor of Arts degree in Psychology at California State University, Northridge. She owns her own home and lives with her son Noah and companion Timothy Brown in Las Vegas, Nevada. A true champion of rights for Nevada’s citizens with intellectual and developmental disabilities (IDD), she leads various trainings and workshops and serves as a client advocate. In addition to her position with The Arc in Nevada, Perez currently serves as the Statewide President of People First of Nevada.

“I am so honored to be receiving this award along with Governor Jack Markell. I don’t do what I do for recognition like this – I do it because I love to empower self-advocates. This award inspires me to work harder than ever to help others ensure that their voices are heard in Nevada and across the country,” said Perez.

The Arc in Nevada’s “Growing a Grassroots Advocacy Movement” program is funded by the Nevada Governor’s Council on Developmental Disabilities. Through this program, The Arc of the United States is working to develop long-term capacity for advocates to have input and impact on issues of importance to people with IDD and their families. This project started in 2011, and marks the first time The Arc has had a statewide presence in Nevada since the mid-nineties.

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The Arc Responds to New Study That Highlights Housing Crisis for Individuals With Disabilities on Supplemental Security Income

Washington, DC – This week, the Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD) Housing Task Force released a study, “Priced Out in 2012.” This publication is released every two years. The 2012 results show that the national average rent for a modestly priced one-bedroom apartment is greater than the entire Supplemental Security Income (SSI) benefit for a person with a disability. The Arc’s 700 chapters have a long history of supporting community living for individuals with intellectual and developmental disabilities (IDD). Many chapters of The Arc provide programs and services to assist individuals with disabilities who are looking to rent or buy a home or find other community living opportunities.

“This study highlights a growing problem for individuals with disabilities – the lack of accessible and affordable housing. People with disabilities deserve the opportunity to live independently in the community with their peers, though as highlighted by Priced Out in 2012 SSI beneficiaries face severe obstacles to that opportunity. While progress has been made in the last year with the new Section 811 PRA Demonstration, we still have a long way to go. Having a safe place to call home is a basic human right and we have a responsibility to ensure individuals with disabilities are given the chance find a home in the community they choose. The Arc calls on Congress to adequately fund the Section 811 PRA Demonstration to help address the housing crisis for people with disabilities,” said Peter V. Berns, CEO of The Arc.

SSI is a federal program that provides income to people with significant and long-term disabilities who are unable to work and have no other source of income. According to Priced Out in 2012, a single person with a disability living in the community received an average monthly SSI payment of $726 in 2012 to cover all basic needs, including housing. The study also revealed that as a national average, people with disabilities receiving SSI needed to pay 104 percent of their income to rent a one-bedroom unit priced at the Fair Market Rent. The full results of the study can be viewed on the TAC website.

The Department of Housing and Urban Development (HUD) Section 811 Project Rental Assistance (PRA) Demonstration program is an innovative new model that allows states to effectively target rental assistance to enable people with significant disabilities to live in the community. Section 811 is the only HUD program dedicated to creating inclusive housing for extremely low-income people with severe disabilities, including SSI beneficiaries.

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The Arc Reacts to Historic Verdict on Behalf of Workers With Intellectual Disabilities

Washington, DC – Earlier this week a Davenport, Iowa jury awarded damages totaling $240 million to 32 men with intellectual and developmental disabilities who worked for Henry’s Turkey Service in Atalissa for decades. It was the largest verdict in the history of the U.S. Equal Employment Opportunity Commission (EEOC), which filed the case, for disability discrimination and unlawful harassment. Just one day after hearing closing arguments, the jury agreed with the EEOC that Henry’s Turkey Service subjected the men to severe harassment and discrimination that warranted punitive and compensatory damages for each man.

“While this verdict is a victory for the workers who can feel triumph knowing that the abuse they faced did not go unpunished, it’s also a harsh reminder to the disability movement that we must continue to be vigilant in this modern era of progressive employment practices to guard against these kinds of atrocities. The abuse of these men didn’t end decades ago – it was still going on as recently as 2009, and that is unacceptable. I applaud the U.S. Equal Employment Opportunity Commission for their pursuit of justice for people with disabilities in the workplace and urge them to continue this important work. Individuals with disabilities have the right to work in a safe work environment free of exploitation, and this verdict sends a message that this kind of abuse will not be tolerated,” said Peter Berns, CEO of The Arc.

Last year, EEOC claimed that Henry’s Turkey Service violated the Americans with Disabilities Act (ADA) by paying 32 workers with intellectual disabilities severely substandard wages. The company denied the workers their full wages by claiming a “credit” for substandard living conditions. In September 2012, a district court judge ordered the company to pay its former employees a total of $1.3 million for jobs they performed at a turkey processing plant in West Liberty, Iowa between 2007 and 2009 for about 41 cents an hour. Combining last year’s ruling and this week’s verdict, the total judgment in this case is $241.3 million.

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Fact Checking NPR: The Real Story About Social Security and People With Disabilities

A huge buzz has come out of a story called “Unfit for Work: The Startling Rise of Disability in America” that ran last week on This American Life and this week on National Public Radio (NPR). While this story about Social Security and people with disabilities raises interesting questions, it’s also very incomplete, and perpetuates negative stereotypes and misunderstandings about people with disabilities. The Arc’s network knows better!

Members of The Arc and families served by us know that Social Security disability programs provide an essential lifeline that keeps millions of Americans with severe disabilities from homelessness and deep poverty. About 1 in 5 Americans live with a disability, and this report failed to show the importance these programs play in many of their lives.

Additionally, “Unfit to Work” failed to mention many of the key facts about these programs. Many listeners were left with the impression that the disabilities that qualify people for Social Security and Supplemental Security Income (SSI) are “squishy,” and that the “federal disability programs have become an extremely expensive default plan” for low-income Americans.

In reality, Social Security and SSI disability benefits are only available to children and adults with the most severe disabilities – it’s hard to qualify, and it can often take years. The recent growth in the programs is largely explained by demographics, and program costs are manageable. The Arc does support many improvements to these programs to make them better for beneficiaries and to strengthen their financing – and we also know they are a lifeline that must be preserved.

To learn more about this report and the inaccuracies in it please read this letter from The Consortium for Citizens with Disabilities, which The Arc has signed, and other perspectives:

Also, if you want to take action and tell NPR the real story about Social Security and individuals with disabilities, visit our action center.

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The Arc of California Statement on EEOC Lawsuit Against Local Placer County Chapter

Sacramento, CA – In response to the news that the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Placer ARC over allegations from 2008 that the organization did not provide a certified American Sign Language interpreter for a deaf employee, The Arc of California released the following statement:

“Chapters of The Arc are committed to our shared mission of promoting and protecting the human rights of people with intellectual and developmental disabilities and supporting their full inclusion and participation in the community. In the course of their operations, they must comply with all applicable laws and regulations, including those applicable to employment practices.

“Through their programs, supports, and services, Placer ARC is making a difference in the lives of the people it serves. While disputes with current or former employees may arise with any nonprofit or for-profit business organization, we hope that this matter dating back to 2008 can be resolved quickly and fairly for all involved.

“As Placer ARC’s executive director, Barbara Guenther, has publicly stated, Placer ARC is committed to adhering to all laws and regulations in regard to their employment practices as well as services for the people they serve,” said Tony Anderson, Executive Director of The Arc of California.

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The Arc Reacts to New National Survey on Autism Prevalence

Washington, DC – Today, the Health Resources and Services Administration and the Centers for Disease Control and Prevention (CDC) agencies within the U.S. Department of Health and Human Services released a report which estimated autism spectrum disorder (ASD) prevalence based on parental reporting using the National Survey of Children’s Health. In the survey, the prevalence of parent-reported ASD among children was 2%, or 1 in 50, up from 1.2% in 2007. According to the CDC, however, much of the increase in the prevalence estimates from 2007 to 2011-2012 was the result of diagnoses of children with previously unrecognized ASD.

Last year, the CDC released new in-depth research estimating that 1 in 88 children had been identified with ASD. The CDC will release its next round of this kind of research in 2014. While the new study is based on parent reporting, a different methodology than that used by CDC’s monitoring network, it has tremendous significance for our service systems.

“These statistics represent millions of families across the country that are looking for resources and answers to help their children. But meanwhile, the across-the-board budget cuts in Washington are hampering the vital efforts of federal agencies like the CDC and the National Institutes of Health, which are working to find the underlying causes of autism, and could have real consequences in our society,” said Peter Berns, CEO of The Arc.

“And these are not the only threats – lifeline programs like Medicaid, Social Security, and Medicare are on the table for real cuts that may impact the ability of these families to get services in the near and distant future for their children, as well as hurting adults with ASD who depend on those programs today. It is not enough to say we want a balanced approach to deficit reduction – we must stand together and say that we cannot simply cut our way out of this situation. We need more revenue to pay for critical investments like prevention and treatment, as well as services and supports for people with autism,” added Berns.

Early identification and intervention can have a significant impact on a child’s ability to learn new skills. CDC’s “Learn the Signs. Act Early.” health education campaign promotes awareness among parents, health professionals, and child care providers about healthy developmental milestones, the importance of tracking each child’s development, and acting early if there are concerns. CDC offers free online resources, including checklists of developmental milestones, at www.cdc.gov/ActEarly.

Autism NOW: The National Autism Resource and Information Center, a federally funded project of The Arc, is another resource for people with ASDs and their families. The online center aims to help people searching the web separate fact from fiction when it comes to autism. Learn more at www.autismnow.org.

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The Arc Applauds Appointment of Disability Champion Tom Perez as U.S. Secretary of Labor

Washington, DC – The Arc, the largest civil rights organization for people with intellectual and developmental disabilities (IDD), applauds President Obama’s nomination of Tom Perez, the current head of the U.S. Department of Justice’s Civil Rights Division, as the next U.S. Secretary of Labor.

“Tom Perez has been a champion for people with disabilities throughout his career, and we are pleased that he has been nominated for a post that plays a critical role in employment for people whom The Arc represents. We are thrilled that he steps into this important position with a wide breadth of knowledge regarding people with IDD, and we look forward to his confirmation and to working with him in his new role,” said Peter Berns, CEO of The Arc.

In 2012, The Arc and the five other disability organizations that host the annual Disability Policy Seminar in Washington, DC presented Perez with their prestigious Leadership in Disability Policy Award for his aggressive enforcement of the Americans with Disabilities Act’s “integration mandate” and the Olmstead decision. Just since 2009, the U.S. Department of Justice (DOJ) has been involved in several cases that will result in major transformations of states’ delivery of long term services and supports to people with disabilities. In each of these cases, people with disabilities were living in segregated settings or at risk of being institutionalized while they could be living in more integrated community settings. Due to Perez’s tireless work, thousands of people with disabilities will be able to leave institutional settings or avoid ever having to enter an institution, and will be able to participate more fully in their communities.

“Tom Perez has set a high bar at the Department of Justice for the enforcement of the laws protecting the rights of people with disabilities to be a part of their community. We appreciate his tremendous efforts and look forward to working with him at the Department of Labor to further the employment of people with disabilities,” said Berns.

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The Arc of Connecticut Applauds Senator Murphy’s Quick Action on Abuse and Neglect of Individuals With IDD, Urges Broad Investigation

Hartford, CT – The Hartford Courant’s series on deaths, abuse, and neglect of people with intellectual and developmental disabilities (IDD) sheds light on the need for more oversight and resources for the state’s system. Incidents occurred throughout the sector, from the last remaining institution in Southbury, to state and private run homes, to family settings. On the heels of the paper’s reporting, U.S. Senator Chris Murphy has called for a federal investigation into deaths at federally financed facilities. The Arc supports an investigation, but one that looks at all settings of care because unfortunately, deaths due to abuse and neglect occur across the system, not just in private care settings.

“We applaud Senator Murphy’s swift call for an investigation into these incidents across our system of care for people with IDD, and we look forward to working with him to improve the quality of life for people with disabilities in Connecticut. Any investigation has to go further than just looking at privately run settings – the data show that in Connecticut, these cases occurred in all settings that people with IDD live in, from our institution to state run facilities to privately run homes to family settings. In order to make real progress in preventing deaths caused by abuse and neglect, we must have a broad conversation that looks at all of these settings, and takes a hard look at what we are investing in our fellow Connecticut residents.

“Budget cuts aren’t just about dollars, cents, and deficit projections – the lives of people are at stake. When we have a system that provides wages that don’t reflect the importance of the work carried out, and training that doesn’t prepare people for the situations they will face, we are putting lives at risk. There are many facets to this problem, and The Arc will continue to work with families, other organizations serving people with disabilities, Senator Murphy, and other stakeholders to end horrific mistreatment of people with IDD,” said Leslie Simoes, Executive Director of The Arc of Connecticut.

The Arc is eager to take a leadership role in making the system better for everyone we support including placing the investigations in the hands of an independent entity with power to require meaningful remedial relief and making the results of investigations public so that there is transparency in what is going on and how government is responding. Another systemic change would include providing families with copies of abuse investigations and the remedial recommendations; this is a huge longstanding deficiency in the investigations conducted by Office of Protection and Advocacy and The Department of Developmental Services (DDS) that has gone unchanged for far too long.

Contact: Leslie Simoes, Executive Director, The Arc Connecticut, lsimoes@arcofct.org, (860) 246-6400 x101

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The Arc Responds to Death of Maryland Man With Down Syndrome

Washington, DC – The Arc is deeply saddened and shocked by the death of Robert Ethan Saylor, a young man with Down syndrome whose death last month was ruled a homicide by a Maryland court late last week. Reports state that when Saylor refused to leave a movie theater, he was pinned face-down on the ground by three off-duty Frederick County sheriff’s deputies who were working security jobs nearby. Shortly after this incident, Saylor was pronounced dead at a local hospital.

The Arc believes that all law enforcement professionals should receive crisis intervention training to help them work with individuals with disabilities who find themselves in highly charged emotional situations like Robert did. There are many ways to help a person with a disability who is upset, scared, anxious, and feeling threatened. Examples include: learning to recognize the signs that the person with the disability is becoming upset; learning how to evaluate the situation and understand what is provoking the person; learning to communicate in a non-threatening way and to talk the person down or “de-escalate” the situation, and learning how to approach a person with a disability in a way that does not further antagonize them. Finally, The Arc believes that all law enforcement personnel must learn that prone restraint, or taking a person to the ground and immobilizing them face down, is a very dangerous technique that can lead to tragic outcomes.

“Sadly, this tragedy could have been prevented. Sometimes there are circumstances that present unique challenges when it comes to dealing with individuals with intellectual and developmental disabilities, especially in high stress situations. With proper training these officers would have realized there was a better way to work with Robert, as opposed to simply using force – an extreme and unnecessary reaction. This is a moment for us not only to mourn, but we must also learn from this tragedy and encourage proper training in our police departments,” said Kate Fialkowski, Executive Director, The Arc of Maryland.

“We would like to extend our deep sympathy to Robert Saylor’s family. No one should ever die under such circumstances. This is particularly true for someone at the start of adulthood, so full of life, and with so much more time ahead of him to experience all the joys of having a full adult life,” said Joanna Pierson, Executive Director, The Arc of Frederick County.

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Progress in Affordable Housing for People With Disabilities: The Arc Applauds New Grants in 13 States

Washington, DC – The Arc released the following statement in response to the U.S. Department of Housing and Urban Development’s (HUD) announcement of the FY 2012 awards for the new Section 811 Supportive Housing for Persons with Disabilities Project Rental Assistance (PRA) Demonstration. The new Section 811 PRA Demonstration is designed to assist state housing agencies to expand integrated supportive housing opportunities for people with the most significant and long term disabilities, and was the centerpiece of the Frank Melville Supportive Housing Investment Act of 2010. A total of 13 states will receive $98 million to produce 3,530 units of community-based supportive housing for people with disabilities.

“Like all Americans, individuals with intellectual and developmental disabilities deserve the opportunity to live independently in the community with their peers. Unfortunately, low-income people with disabilities face a severe shortage of accessible and affordable housing. The money being awarded by HUD will allow thousands of individuals to live in the community, where they belong. For many, this announcement is the difference between life in an institution and inclusion in their communities,” said Peter V. Berns, CEO of The Arc.

Section 811 is the only HUD program dedicated to producing affordable, accessible housing for non-elderly, very low-income people with significant disabilities. The Frank Melville Supportive Housing Investment Act of 2010 modernized Section 811 to make the program more efficient and effective. Today’s awards are the first ever under the new Section 811 PRA Demonstration model, which will create integrated housing linked with community-based services for low-income adults with significant disabilities. States receiving awards are: California, Delaware, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Montana, North Carolina, Pennsylvania, Texas, and Washington.