An advocate wearing a "disability rights are human rights" t shirt poses with past Wisconsin governor Scott Walker

The Arc Responds to Passage of Criminal Justice Reform by Congress

Washington, DC – Last week, both chambers of Congress passed a bill focusing on criminal justice reform, which President Trump signed into law. The legislation shortens sentences and supports job training and other programs for some prisoners with disabilities.

“We are pleased that Congress has chosen to begin comprehensive reform of our criminal justice system. While this is a step in the right direction, our hope is that future legislation provides support for individuals with intellectual and developmental disabilities (I/DD) involved in all phases of our criminal justice system, whether as victims, witnesses, suspects, defendants, or prisoners.

“This legislation funds training on de-escalation techniques for federal prison staff; this is particularly important for individuals with I/DD who are incarcerated. It is essential that future legislation supports training for law enforcement through all branches of government on recognizing and supporting the needs of individuals with disabilities. This training can ensure that an individual’s rights aren’t compromised and that they are provided the appropriate accommodations ensuring they are treated justly and don’t experience conditions that can be detrimental to their physical or mental health.

“The bipartisan support of this legislation is heartening, and we are grateful to Members of Congress for their work on this important issue. The Arc plans to be at the table as further criminal justice reform is discussed in the 116th Congress to ensure the interests of people with disabilities are included in future legislation,” said Peter V. Berns, CEO of The Arc.

While people with I/DD comprise 2 to 3% of the general population, they represent 4 to 10% of the prison population. Earlier this year, The Arc’s Criminal Justice Advisory Panel was launched. The panel is the latest addition to the organization’s National Center on Criminal Justice and Disability’s® (NCCJD) ongoing advocacy to protect the rights of people with I/DD involved in the criminal justice system.

Established in 2013, NCCJD is the only national center of its kind serving as a bridge between the I/DD and criminal justice communities that focuses on both victim and suspect/defendant/prisoner issues. The Center provides training and technical assistance; resources for professionals, people with disabilities, and their supporters; as well as educates the public about the intersection of criminal justice reform and the advancement of disability rights. Pathways to Justice®, NCCJD’s signature training tool, is a comprehensive, community-based program facilitated through chapters of The Arc that helps criminal justice professionals understand their legal obligations toward people with disabilities. NCCJD is building the capacity of the criminal justice system to respond appropriately to gaps in existing services for people with disabilities, focusing on people with I/DD, who often remain a hidden population within the criminal justice system, with little or no access to advocacy supports or services.

Two event attendees stand smiling with their arms around each other's shoulders.

The Arc Responds to Texas U.S. District Court Judge’s Ruling on the Affordable Care Act

The Arc Responds to Texas U.S. District Court Judge’s ruling that the Affordable Care Act is unconstitutional:

“This ruling by District Court Judge Reed O’Connor in Texas v. Azar is of great concern. To strike down the entirety of the Affordable Care Act (ACA) puts the health of millions at risk, but we know that this case will be appealed. While the ruling does not impact the law immediately, it has raised concerns and fears for millions who have benefited from the ACA. The ACA includes historic health care coverage expansions, nondiscrimination and health insurance reforms, numerous enhancements to Medicare, Medicaid, and other provisions that benefit people with disabilities. The fact remains that the ACA is the law of the land and health care coverage will not be impacted by this decision without further court appeals and decisions. We must also remember that the Supreme Court has upheld the constitutionality of the Affordable Care Act twice.

“This is about people’s lives – their health, independence, financial stability, and so much more. The Arc remains steadfast in our commitment to advocate for and protect this law and the benefits it provides for people with intellectual and developmental disabilities,” said Marty Ford, Senior Executive Officer for Public Policy for The Arc.

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Attracting Younger Families to Join our Fight

Is your chapter losing members due to retirement?

Have you faced challenges in attracting younger families?

Is your chapter aware of what younger families want and need for their loved ones with Intellectual and or Developmental Disabilities?

Are you interested in establishing new chapters with young families in leadership roles?

If you answered yes to any of these questions, contact Karen at wolf-branigin@thearc.org for The Arc’s list of ideas for attracting younger families to join our fight.

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Interested in Hosting a Wings for Autism® Event in Your Airport?

Wings for Autism®/Wings for All® (Wings) is an airport rehearsal program designed to help alleviate some of the stress that families experience when traveling by air. Participants get to experience all the steps involved in air travel from getting a boarding pass, going through TSA security, and boarding a real plane! If your chapter is interested in hosting an event at your local airport this year, please contact Kerry Mauger at mauger@thearc.org or check out our Wings website to learn more about this exciting program.

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Legal Advocacy Awards: Fall 2018

At The Arc’s annual Convention in Nashville earlier this month, we recognized two attorney advocates who have worked to advance the rights of people with I/DD nationwide.

Jack Robinson accepts his Catalyst Award on stage, posing with presenter Fred Misilo.

Jack Robinson received The Arc’s Catalyst Award for Legal Advocate of the Year for his work as a special education attorney who represented Drew, a student with autism, before the U.S. Supreme Court in the case Endrew F. v. Douglas County School District. This case resulted in a landmark unanimous decision establishing a markedly more demanding standard for determining educational benefit under the Individuals with Disabilities Education Act (IDEA), noting that the “IDEA demands more” and that all students should have the opportunity to meet “challenging objectives” and receive “appropriately ambitious” individualized education programs (IEPs).

 

Rud Turnbull received The Arc’s President’s Award for his four decades of service to The Arc, including serving on its Policy and Positions Committee and Legal Advocacy Subcommittee and his lifetime of accomplishments advancing the cause of inclusive education for students with I/DD through research and advocacy.

 

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Amicus (Friend of the Court) Briefs: Fall 2018

Recent examples of our amicus work include:

  • M.W. v. Army (9th Circuit Court of Appeals): In support of children with diabetes and the American Diabetes Association alleging that the Army excludes children with diabetes from its childcare programs and emphasizing the right of the Association to sue on behalf of its members.
  • Brown v. D.C. (D.C. Circuit Court of Appeals): In support of people with physical disabilities seeking transition services from institutional to community-based living in D.C.
  • In the Matter of Lacee L(New York Court of Appeals): In support of a mother with intellectual disability whose children were removed from her care, arguing that parental rights proceedings must comply with the Americans with Disabilities Act.

More information on our amicus work can be found here.

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What’s on the Docket? Fall 2018

Rachel Aviv, writing for The New Yorker magazine, recently profiled the segregated and inferior Georgia Network for Educational and Therapeutic Supports (GNETS) program that The Arc, along with the Georgia Advocacy Office and parents of students with disabilities, is challenging in federal court. The article involved the review of over 100 hours of classroom video footage and in-depth interviews with students, family members, and teachers, shedding a human light on the injustices of the GNETS program.

The powerful article involved the review of over 100 hours of classroom video footage and in-depth interviews with students, family members, and teachers, shedding a human light on the injustices of the GNETS program and caught the attention of former Georgia gubernatorial candidate Stacey Abrams and documentary filmmaker Ava DuVernay, among others.

The Arc is also involved in legal advocacy to protect the rights of individuals with I/DD in the criminal justice system, ensure that individuals receiving public benefits and applying for jobs obtain needed accommodations, and advance the rights of students with disabilities receive the supports and services they need to thrive in their neighborhood schools among their peers with and without disabilities. Stay tuned for updates as these cases develop.

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Chapter Benefits Spotlight: The Arc’s Job Board

Is your chapter interested in advertising a job opening and recruiting qualified candidates? As an employee, are you looking for a new job to share your talent in a new employment position? The Arc’s Job Board is your go-to-place for posting and searching jobs within The Arc network and beyond. Good luck with your employee recruitment and job search efforts!

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Our Chapters are Hiring!

If your passion and career has led you to ensuring people with I/DD are in safe and effective programs, then please consider these opportunities from The Arc of Central Alabama. Two positions are available, and both require energetic and talented individuals. Want to apply or know someone who does? Learn more:

VP of Community Residential Services

VP of Community Day Program

The Arc of Pennsylvania is also seeking an Executive Director. Please feel free to forward these openings along to anyone who may be interested!

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Celebrating National Caregiver Month With The Arc Wisconsin

The Arc Wisconsin State Director Lisa Pugh stands in front of an exhibiting booth smiling and holding a computer. Each November, we observe National Caregiver Month – honoring those who devote their lives to providing care for individuals with intellectual and developmental disabilities.

The daily demands of caregiving for individuals with I/DD and elderly adults can be challenging, and the commitment of time and resources that goes into ensuring a loved one’s well-being leaves little time for personal goals, professional duties and planning for the future.

At The Arc Wisconsin, Lisa Pugh is working hard to take a leadership role in the fight to support caregivers throughout the state.  

One of the largest groups that make up the caregiving population are family members and loved ones. What is future planning and why is it important?

Future planning is creating a guide for a person with I/DD to lead a good life as independently as possible. A plan is important throughout all stages of life, especially during transitions, and especially in the future after the parent or caregiver is no longer able to provide support.

About 2/3 of the more than 50,000 people with I/DD in Wisconsin live with their families, and there are 16,500 vacant paid caregiver positions. In many of these families, the main caregivers are over age 60. When it comes to thinking about the future, Wisconsin families are like everyone else across the country- they don’t have a plan in place, even though they know they should.

Without a plan in place, those families can easily go into crisis. Many families feel overwhelmed, aren’t even aware of future planning options and resources, and need support to navigate the process.

Many families think future planning is mostly about finances – but good future planning is about so much more. It is about daily routines and future plans about where to live and work. It’s about growing people’s independence in their own decision-making. It really is a holistic look at someone’s life and how to secure and plan for their success and happiness.

What are you doing to meet this need?

We are working hard to expand access to future planning information. Trained planners help Wisconsin families work through common and difficult barriers. Since January 2018 we have trained 25 professionals who have supported more than 123 caregivers and families to begin development of a future plan. The Arc Wisconsin’s network of trained planners reached over 33 towns and cities.

We are also conducting outreach to identify systems barriers, advancing recommendations from a recent respite summit, and offering future planning workshops across the state.

You can learn more about our future planning efforts by watching this short video.

You were recently appointed co-chair of the Wisconsin Family and Caregiver Support Alliance. How can other chapters and organizations utilize coalition cooperation to better serve caregivers?

Caregiving as an issue that many populations are struggling with and many people are affected by. In our state, The Arc Wisconsin has chosen to work alongside aging and dementia advocacy groups to find solutions to support families. Our Alliance is tackling challenges in workgroups to address commonalities like lack of respite care, the need for caregiver support, complicated systems navigation, cultural competence and the need for employers to better support their caregiver employees. We are having success on all of these fronts by working together. In 2019, we plan to publish results of several surveys that we hope will lead to policy changes and perhaps redirected or new funding.

We will kick off this year’s Family Caregiver Month celebration with an Alliance press conference in the Governor’s Conference Room of our state capitol with storytelling by caregivers and presentation of a Governor’s proclamation.

What advice do you have for other chapters looking to expand their efforts in supporting caregivers?

Getting out and talking directly to caregivers has brought credibility to our efforts. Over the last year, The Arc Wisconsin has presented on future planning to groups of caregivers and professionals at Aging and Disability Resource Centers and at other events and conferences throughout the state. We have put on webinars, provided in-service training, and are widely distributing The Arc’s excellent future planning resources. Often communities are just starting to become aware of the fragile situations where elderly moms and dads have an adult son or daughter with I/DD living at home while they continue providing most or all of the care. Future planning is essential in these situations and chapters of The Arc are poised to lead the way in tackling it.