Cy Pres Awards: Why The Arc Is a Strong Nonprofit Recipient
Class counsel considering a cy pres recipient can benefit from a nonprofit whose mission, reach, and work have a meaningful connection to the class and the purpose of the litigation.
The Arc of the United States is a national 501(c)(3) nonprofit that promotes and protects the rights of people with intellectual and developmental disabilities (IDD). With 549 chapters in 48 states and Washington, DC, The Arc combines national disability rights expertise with deep connections to people with disabilities and families in local communities.
When class action settlement funds can’t be fully distributed, a cy pres award to The Arc can help carry the purpose of the case forward through legal advocacy, systems change, public education, and resources that address related harms.
The Arc may be a strong recipient for cy pres awards in cases involving disability discrimination, civil rights, education, employment, healthcare, housing, consumer protection, technology, the criminal justice system, public benefits, and other issues that affect people with disabilities and their families.
Considering The Arc as a cy pres recipient? Contact Wakschlag@TheArc.org to discuss the case and request supporting materials.
Why Is The Arc a Strong Cy Pres Recipient?
The Arc combines deep ties to people with disabilities and their families, national legal and policy expertise, resources and programs that address barriers, and a nationwide network rooted in local communities.
A meaningful nexus to the class
People with intellectual and developmental disabilities are students, workers, consumers, tenants, patients, parents, voters, and community members. They may be part of classes across nearly every area of civil law.
People with IDD can also face added barriers to understanding their rights, securing legal support, navigating complex systems, and challenging discrimination.
A case doesn’t have to focus exclusively on disability for The Arc to be a strong fit. The connection may exist because people with disabilities are part of the class or because the challenged conduct affects their rights, access, health, safety, economic security, or community participation.
National reach with local connections
The Arc has advanced disability rights since 1950. Headquartered in Washington, DC, the national organization leads federal policy, legal advocacy, public education, and programs addressing barriers throughout a person’s life.
Our chapter network connects that national work to the daily experiences of people with disabilities and families in communities across the country.
This reach may make The Arc an appropriate recipient for nationwide and multistate cases. For a state or locally focused matter, our team can help counsel determine whether The Arc of the United States or a chapter of The Arc has the closest connection to the class and the purpose of the litigation.
Legal and policy expertise
The Arc participates in litigation and files amicus briefs to protect disability rights in areas such as education, employment, housing, voting, community integration, healthcare, self-determination, and the criminal justice system.
We also advocate for stronger public policy, educate people about their rights, train professionals, and create resources that help people with disabilities navigate the systems that affect their lives.
What Types of Class Actions May Align With The Arc’s Mission?
The Arc may be an appropriate cy pres recipient in class actions involving:
- Assistive technology and digital accessibility
- Civil rights and access to justice
- Consumer protection and financial services
- Disability discrimination
- Education and students’ rights
- Employment and workers’ rights
- Healthcare, Medicaid, insurance, and pharmaceuticals
- Housing and community living
- The criminal justice system and public safety
- Privacy, data, and technology
- Public benefits and government services
- Voting access
This list isn’t exhaustive. The Arc’s legal team can help assess whether a specific matter has a meaningful connection to our mission and work.
How Would The Arc Use Cy Pres Funds to Advance Disability Rights?
Depending on the terms of the award and The Arc’s review, cy pres funds may support work connected to the case or The Arc’s broader disability rights mission. That work may include:
Legal advocacy
The Arc participates in litigation and amicus briefs that protect and expand the rights of people with disabilities.
Public policy and systems change
The Arc works with lawmakers, government agencies, advocates, and partners to strengthen federal policies and the services people need for their daily lives.
Education, training, and resources
The Arc creates plain-language resources, trains professionals, supports families and advocates, and operates national programs addressing education, criminal justice, future planning, technology, travel, and mental health.
These efforts can address both the immediate harm involved in a case and the systems that allowed it to occur.
What Materials Can The Arc Provide for a Cy Pres Nomination?
The Arc can provide case-specific information to help counsel explain the connection between the proposed award, the interests of the class, and our work.
Depending on the case, we can provide:
- A description of The Arc’s mission and relevant work
- Information connecting the case to The Arc’s legal, policy, or programmatic work
- Declarations or other supporting materials
- IRS determination documentation and Form W-9
- Annual reports, financial statements, and organizational information
- Information about national reach and community connections
- A proposed description of how the award would advance the interests of the class
Contacting The Arc early gives our team time to understand the case and prepare tailored materials.
How Can Counsel Nominate The Arc for a Cy Pres Award?
Contact Wakschlag@TheArc.org with:
- The case name and jurisdiction
- A brief description of the class and claims
- The estimated award or residual amount, if known
- Any proposed restrictions on the use of funds
- The expected schedule for nomination or court approval
- Any declarations or documents counsel may need
Legal name: The Arc of the United States
Tax status: 501(c)(3) nonprofit
Employer Identification Number: 13-5642032
Headquarters: Washington, DC
Address: 2000 Pennsylvania Avenue NW, Suite 500, Washington, DC 20006
Cy Pres Awards to Disability Nonprofits: Frequently Asked Questions
Which disability nonprofits accept cy pres awards?
The Arc of the United States is a national 501(c)(3) disability nonprofit that may be nominated and considered as a cy pres recipient. The court determines whether a proposed recipient is appropriate based on the case, class, jurisdiction, and proposed use of the funds.
When is The Arc a good fit for a cy pres award?
The Arc may be a strong fit when people with disabilities are members of the class or when the case involves disability rights, accessibility, education, employment, healthcare, housing, consumer protection, technology, public benefits, or access to justice.
Can The Arc receive a cy pres award from a nationwide class action?
The Arc’s national policy, legal advocacy, programs, and nationwide chapter network may make it an appropriate recipient for nationwide or multistate cases.
Should counsel contact The Arc before naming it as a recipient?
Yes. Early contact allows The Arc to review the case, confirm mission alignment, consider any restrictions, and prepare the information counsel or the court may need.
Can a chapter of The Arc receive a cy pres award?
Potentially. The Arc of the United States and chapters of The Arc are separate nonprofit organizations. Our team can help counsel consider whether the national organization or a chapter has the strongest connection to the class and the purpose of the case.
This page provides general information and doesn’t offer legal advice. Cy pres standards and requirements vary by jurisdiction and court.
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.
