The Arc Submits Letter of Support for the Stop Institutional Child Abuse Act

Dear Member of Congress,

The Arc of the United States writes in strong support of the Stop Institutional Child Abuse Act (SICAA) H.R.2955 & S.1351.

The Arc of the United States has nearly 600 state and local chapters across the United States. These chapters provide a wide range of services for people with intellectual and developmental disabilities (IDD), including individual and systems advocacy, public education, family support, systems navigation, support coordination services, employment, housing, support groups, and recreation. The Arc chapters are committed to improving the lives of people with IDD and their families, including the youth with disabilities who experience disproportionate harm at youth residential programs.

An estimated 120,000-200,000 of our nation’s most vulnerable youth are pipelined into youth residential programs each year by state child welfare and juvenile justice systems, mental health providers, federal agencies, school districts’ individualized education programs, and by parents. These facilities, including but not limited to boot camps, wilderness programs, therapeutic boarding schools, residential treatment facilities, or group homes, cause harm at a higher rate to youth who are Black Indigenous People of Color (BIPOC) and youth with disabilities.

These programs receive an estimated $23 billion dollars of public funds annually to purportedly “treat” the behavioral and psychological needs of vulnerable youth yet there are systemic reports of youth experiencing physical, emotional and sexual abuse including but not limited to prolonged solitary confinement, physical, chemical, and mechanical restraints, food and sleep deprivation, lack of access to the restroom or personal hygiene, “attack therapy,” forced labor, medical neglect, and being denied a free and appropriate public education (FAPE). Public records and news reports have documented more than 350 preventable child deaths in these programs.

The Stop Institutional Child Abuse Act aims to lift the curtains on this opaque industry by enhancing national data collection and reporting and facilitating information sharing among every agency who interact with these programs. Transparency and accountability are critical in our mission to ensure the safety and well-being of youth in institutional care settings.

The Stop Institutional Child Abuse Act will establish:

A Federal Work Group on Youth Residential Programs to improve the dissemination and implementation of data and best practices regarding the health and safety, care, treatment, and appropriate placement of youth in youth residential programs.
A complementary study by the National Academies of Sciences, Engineering, and Medicine to examine the state of youth in youth residential programs and make recommendations for the coordination by Federal and State agencies of data on youth in youth residential programs; and the improvement of oversight of youth residential programs receiving Federal funding.

If you have any questions about the Stop Institutional Child Abuse Act or would like further information, please email Rebecca Mellinger, Paris Hilton’s Head of Impact, at impact@1111media.co.

Respectfully,

Robyn Linscott

Director of Education and Family Policy

The Arc of the United States

The Arc of Iowa v. Reynolds

State: Iowa

Filed: 2021

Court: U.S. District Court for the Southern District of Iowa

Plaintiffs: The Arc of Iowa and parents of students with disabilities

Defendant: Governor Kim Reynolds, Iowa Department of Education, individual school districts

Counsel: The Arc, ACLU, ACLU of Iowa, Disability Rights Iowa, Arnold & Porter Law Firm, Tom Duff Law Firm

Overview: In the final days of the 2021 legislative session, the Iowa General Assembly passed HF 847, which prohibits school districts in Iowa from requiring everyone to wear masks in their schools. As the school year begins and COVID cases soar, school districts face a dilemma: whether to comply with HF 847 or whether to meet their obligations under federal disability rights laws by protecting the health, safety, and dignity of their students with disabilities and providing equal access to their education. Parents of children with disabilities that put them at risk of severe illness should they contract COVID also face a dilemma: whether to send their children to school at risk to their health and even lives or whether to keep them at home at the expense of their education and development. Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act provide broad protections for individuals with disabilities. Both federal disability rights laws prohibit outright exclusion, denial of equal access, or unnecessary segregation of students with disabilities in public education.

Case Documents

Complaint

Motion for Temporary Restraining Order and Preliminary Injunction

Order Granting Temporary Restraining Order

Reply in Support of Motion for Preliminary Injunction

American Academy of Pediatrics Amicus Brief

Order Granting Extension of Temporary Restraining Order

Order Granting Motion for Preliminary Injunction

Eighth Circuit Brief

Eighth Circuit American Academy of Pediatrics Amicus Brief

Eighth Circuit Opinion

Eighth Circuit Per Curiam Opinion

Order on Motions to Dismiss and Summary Judgment

Press Releases

Lawsuit Challenges Iowa Law Banning Schools from Requiring Masks

Federal Court Blocks Iowa’s Law Banning Masking Requirements in Schools

Mask Mandate Preliminary Injunction Continues to Protect Iowa Children

Federal Appeals Court Decision Ensures Iowa Schools Can Require Masking to Protect Students with Disabilities

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We Are Iowa: ‘Not an equal education’: Parents of kids with disabilities sue over Iowa ban on mask mandates

Iowa Capital Dispatch: Lawsuit: Iowa’s school mask mandate ban violates disability rights

Business Insider: Iowa ban on mask mandates at schools overturned by federal judge

WQAD8: Davenport Education Association praises federal judge’s order to allow Iowa schools to mandate masks

Des Moines Register: Iowa Gov. Kim Reynolds asks judge to reinstate mask mandate ban, citing concerns from parents

The Gazette: Documents: COVID outbreaks at nearly quarter of Iowa schools

Des Moines Register: Iowa school districts may continue mask mandates after judge grants preliminary injunction

NBC News: Federal judge blocks Iowa’s ban on school mask mandates

ABC Action News: Families of children with disabilities challenge mask mandate bans

Des Moines Register: Federal court will decide the fate of mask mandates in Iowa schools

KETV Omaha: Federal judges hear Iowa’s appeal over injunction of law that bans school mask mandates

Courthouse News Service: Iowa asks appeals court to uphold ban on mask mandates in schools

Iowa Public Radio: State attorneys ask appeals court to restore Iowa’s ban on school mask mandates

Des Moines Register: Iowa will not enforce school mask mandate ban for now, Attorney General’s Office says

Iowa Capital Dispatch: Appeals court rules that some Iowa schools can impose mask mandates

Our Quad Cities: ACLU, others celebrate federal ruling on Iowa mask mandate in schools

Education Week: Relaxed Mask Guidelines Raise Anxiety for Parents of Children With Disabilities

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Associated Press: Federal court dismisses case against Iowa governor’s ban on school mask mandates