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From 1959 to Today, Workers Still Need Paid Leave

/in /by The Arc

By Robin Shaffert, Senior Executive Officer, Individual and Family Support, The Arc 

KM_C554e-20161207133340Among my grandmother’s papers was a letter dated May 28, 1959, from her employer, the New York retailer Franklin Simon, informing her, “Due to the fact that your illness will be prolonged over a period of time, we have been forced to replace you at this time.”

“However,” the letter continues, “[W]e wish to let you know that your record with us has been good, and we will be happy to consider you for an opening when you are able to return to work again.” She received “two weeks vacation salary which is due you,” but no sick leave or notice pay.

I was shocked. My grandmother had been fired because she needed surgery. When I found the letter a few years ago, the Family and Medical Leave Act had been the law for almost 20 years. Large employers like Franklin Simon couldn’t just fire employees when they needed time off for medical care. Or, at least, they couldn’t fire many of their full time employees.

Born in Austria-Hungary in 1900, my grandmother came to this country with her husband and her son as a refugee from the Nazis in 1940. A housewife in Vienna, here she worked first in a factory sewing clothes for dolls and later as a saleswoman at Franklin Simon.

By 1959, my grandmother was living alone in a fourth floor walk-up in the Bronx. Her husband had died, and her only son was married and had a new baby. I don’t know what financial hardship my grandmother endured when she lost her job. As far as I know, she never reentered the workforce.

Being able to take time off from work for my own medical care, after the birth of my children, and to care for my parents and my sister who had congenital heart disease is only one of the many ways that life has been easier for me than it was for my grandmother. But even today many people can still be fired if they need to take time off from work. And, for many unpaid leave is an empty promise because they simply can’t afford to take time off without pay.

At The Arc, our mission is to promote and protect the human rights of people with intellectual and developmental disabilities (IDD) and actively support their full inclusion and participation in the community throughout their lifetimes. People with disabilities and their family members are an important part of the American workforce, and like all working people, they need access to paid leave. In my work, leading the Center for Future Planning®, I focus on the needs of the over 800,000 families in which adults with IDD live with aging caregivers 60 and over. As these parents age and continue to support their sons and daughters to build full and independent lives, the need for flexibility can be critical.

We are joining the call for a robust federal paid family and medical leave law that adheres to a core set of principles. All employees (regardless of the size of the employer, length of service, and number of hours worked) must be able to access paid leave of meaningful length. People need to take leave for different reasons, and all employees should be able to access paid leave for the full range of personal medical and family caregiving needs established in the Family and Medical Leave Act. Families come in many shapes and sizes, so “family” must be inclusively defined. We must design a program that is affordable and cost-effective for workers, employers, and the government. Finally, we must ensure that people who take the leave do not experience adverse employment consequences as a result.

In the disability community, we know how important it is to celebrate one another in good times and to provide support in harder times. An inclusive and robust paid family leave program is an important building block of that support.

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The Arc’s Responds to Chicago Tribune Series on Deaths, Abuse, and Neglect in Illinois: “A Wakeup Call for Investment, Reform, and Better Wages”

/in /by The Arc

The Chicago Tribune has recently released news articles detailing the systemic problems in Illinois that have led to cases of death, abuse, and neglect of people with intellectual and developmental disabilities. The Arc of the United States released the following statement on what the news series has uncovered.

“The Chicago Tribune series on deaths, abuse, and neglect of people with intellectual and developmental disabilities (IDD) is startling and should serve as a wakeup call to the state to invest in the community system, reform its oversight process, and pay workers in this field a wage that reflects the life and death work they take on day in and day out.

“Clearly, the oversight system in Illinois has been broken for a long time, and the public outrage generated by this news series is warranted. What we can hope is that the incidents of abuse and neglect highlighted in this piece will help galvanize positive change not only in Illinois but across the country.

“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, organizations serving people with disabilities, government agencies, and other stakeholders to end horrific mistreatment of people with IDD.

“Illinois is the state with the highest rates of institutionalization based on population. Without proper support for the programs, services, and staff that are so vital to the health and wellbeing of individuals with IDD in the community, we can’t fix existing problems. This system, like many across the country, is flawed and we need real investment in the programs that individuals with IDD rely on to move forward. System change must be made a priority so we can focus on what really matters – quality of life for people with disabilities,” said Peter Berns, CEO, The Arc.

The Arc of Illinois is a leading advocate for reforms in the state. Read Executive Director Tony Paulauski’s letter to the editor and the President of the chapter’s board of directors Terri Devine’s letter to the editor.

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Managing Legal Settlements

/in /by The Arc

By Neal A. Winston, CELA, Special Needs Alliance®

There are many factors to consider when a family member is seeking legal compensation for personal injuries, whether they result from medical malpractice, a car or workplace accident, or some other mishap. Given the supports that an individual with disabilities might need throughout life, even large sums can prove insufficient and must be carefully managed. Personal injury attorneys are often unaware of how a settlement can affect an individual’s eligibility for important public benefits, and families should ensure that a special needs attorney is consulted as early as possible during the course of their suit.

Liens and Set-Asides

Although personal injury awards are usually not taxable, there may be various liens against the settlement which must be satisfied before putting the money to other uses. If Medicaid, Medicare or, in some cases, private insurers have been paying for injury-related care that has been compensated as part of the settlement, they may need to be reimbursed.

In addition, if the individual is currently on Medicare, or is likely to become covered within 30 months, it may be necessary to create a Medicare Set-Aside (MSA) arrangement. While government guidelines are currently unclear, this can have implications for settlements of $25,000 or more, and legal counsel should be consulted.

Assessing Needs

A candid evaluation of the individual’s short- and long-term needs should guide the family in determining how to manage the remaining funds. Of major importance is whether or not means-tested public benefits such as Medicaid and Supplemental Security Income (SSI) will be required. If such programs will play a role, steps should be taken to ensure that settlement funds won’t disqualify the individual from such programs.

Depending on the size of the settlement and immediate needs, it may be possible to quickly “spend down” the award so that its effect on benefits is short-term. Home renovations to improve accessibility or purchase of a van are among many possibilities.

Another option for smaller settlements is placing up to $14,000 per year in an ABLE account for the individual. Funds held in such accounts are not considered when evaluating someone’s eligibility for Medicaid and SSI and can be used for a wide array of needs relating to the person’s disability. A person is limited to a single ABLE account, the disability must have begun before age 26, and the person must be receiving SSI or Social Security disability benefits, or have a doctor’s diagnosis of a disability meeting Social Security’s definition. If the account balance exceeds $100,000, SSI payments will be suspended, but Medicaid services continue. The maximum value of an ABLE account for Medicaid eligibility without SSI is the same as the maximum value of a 529 college savings account in the state in which the ABLE account is opened. Be aware that upon the beneficiary’s death, funds remaining in an ABLE account must be used to pay back Medicaid for any services rendered on the individual’s behalf after the ABLE account is created.

Larger settlements should be protected in a first party special needs trust (SNT) or a “pooled” SNT account. While individual first party trusts are administered by trustees chosen by the beneficiary, pooled SNTs are administered by nonprofit organizations.

Like an ABLE account, a first party SNT must reimburse Medicaid upon the beneficiary’s death. In some states, part or all of a pooled trust’s remaining funds revert to the administering nonprofit. Any funds left must then reimburse Medicaid before being available to other beneficiaries.

Distributions

Distributions from a first-party SNT are regulated and must be for the exclusive benefit of the individual for whom the trust has been created. If the money is used for food or shelter, it will reduce SSI payments up to a certain limit. The beneficiary cannot have any individual control over distributions from the trust.

Consideration can be given to reimbursement or compensation from the settlement to third parties in certain circumstances and using the proper procedure without causing benefit program penalties. For instance, a family may have run up significant debt while caring for the injured person. They may have resorted to credit cards or borrowed from friends and relatives. If someone gave up a paying job to care for the individual, they may need to be paid for their services to compensate them for lost pay from their regular work. These are all expenses that might properly be handled with settlement money and are best handled prior to creating the SNT. Money should be held in an escrow account, and payment should be made directly to those to whom the money is owed. Benefit programs have different rules, but most involve a written agreement or understanding reached before the services were rendered for the reimbursement or compensation in order to avoid penalties. Funds passing through parents’ hands could also affect eligibility for benefits. If the individual is a minor or an adult with a guardian or conservator, court approval may be required to make any reimbursement.

Even if government benefits are not a consideration, the beneficiary may need assistance managing the award, in which case a settlement protection trust similar to an SNT, can be established. If initially drafted properly, it may be converted to an SNT at a later date, if necessary.

Investments and Award Management

Trustees have discretion to make a wide range of investments. These might include traditional investment accounts, government insured or guaranteed accounts, life insurance or even real estate, either to produce income or to provide a residence for the beneficiary. Generally, the accounts should only invest in moderate or lower risk entities, and the funds should never be loaned to the trustee or family members. Many states have regulations that control investments and distributions from SNTs and other trusts.

For larger awards, structured payments for a portion of the settlement may be considered. This requires the defendant or his/her insurer to purchase, at the time of the settlement, an irrevocable annuity for the beneficiary that guarantees specific periodic or lump sum payments over an agreed-to period of time. If the timed payments will be large enough to affect eligibility for benefits, arrangements should be made for them to be paid into an SNT and/or an ABLE account.

On the plus side, structured payments are exempt from income tax and have scheduled payouts that ensure that money will continue to be available for a stated period. On the other hand, with interest rates at historic lows, the beneficiary may be locked into long-term dependence on low-performing investments.

Seek Advice

The options for handling a legal settlement are many, with interrelated implications. Families should ensure that a special needs attorney is part of their legal team to ensure that eligibility for means-tested benefits is not jeopardized and other disability-related issues are addressed.

The Special Needs Alliance (SNA)® is a national non-profit comprised of attorneys who assist individuals with special needs, their families, and the professionals who serve them. SNA is partnering with The Arc to provide educational resources, build public awareness, and advocate for policies on behalf of people with intellectual/developmental disabilities and their families. A free manual, “Administering a Special Needs Trust: A Handbook for Trustees,” can be downloaded from the SNA website.

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Walmart’s Curbside Pick-up Program May Reduce Shopping Stress for People With IDD

/in /by The Arc

This year, Walmart rolled out a free grocery pick-up program in over 80 markets nationwide. The program, which was launched last year and has been rapidly expanding over the last few months, allows customers to do their Walmart shopping online, choose a time to pick up their orders, and pick them up at their local stores where associates will load the items into their cars. Orders can be placed up to three weeks in advance, or can be ordered and picked up the same day (if the order is placed before 10 a.m.). Personal shoppers, who actually pick out the items ordered, are trained to evaluate items like meat or produce for quality and freshness, and to look carefully for any signs that something is past its peak.

This service was primarily designed to help customers like parents of young children, who may be spending their days running to and from appointments, school, work, and other activities. For them, it’s clear why ordering groceries on the go (from a smartphone, for example) and picking them up without ever leaving the car is a big plus. But, shaving your shopping time from an hour to five minutes can benefit anyone, not just busy moms.

According to Michael Bender, EVP and Chief Operating Officer of Walmart’s Global eCommerce department, “this service may help take some of the stress out of grocery shopping for people with disabilities and their families by introducing Delta 8 Products.” Because orders can be placed online and picked up quickly and conveniently, this service will make shopping easier for caregivers or people with IDD who have busy schedules. Furthermore, because Walmart associates can load the groceries into customers’ cars, it improves accessibility for customers with mobility limitations.

In addition to groceries, the pickup service also includes general merchandise such as pet supplies or other household items. In all, more than 30,000 items are available for online order and pickup at the same prices as in the store.

Walmart has been a longtime supporter of The Arc. In addition to consulting with The Arc about how this grocery pickup program can support people with IDD, Walmart has partnered with The Arc in the past to provide school-to-work transition programs, grow employment for people with IDD in the recycling industry, and support healthy food and nutrition initiatives at chapters of The Arc.

Currently, 70% of Americans live within 5 minutes of a Walmart store and 90% live within ten miles of a Walmart store. And, of the stores offering the new pickup service, 80% are within 15 minutes’ drive of a chapter of The Arc. Clients of The Arc can receive $10 off their first purchase by using the code WMTCARES during checkout. Visit walmart.com/grocery to learn more and place an order.

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The Arc Responds to Connecticut Court Ruling on Education and Access for Children With Disabilities

/in /by The Arc

Washington, DC – Recently, Judge Thomas Moukawsher of the Connecticut State Superior Court released a sweeping ruling on school funding that could have dire, negative consequences on students with disabilities, particularly students with intellectual and/or developmental as well as behavioral and emotional disabilities.

The case, Connecticut Coalition for Justice in Education Funding v. Rell, was initiated in 2005 and challenged the state constitutionality of Connecticut’s pre-kindergarten through twelfth grade education finance system, claiming that the state was inadequately funding the poorest and lowest- performing districts. Judge Moukawsher held that “Connecticut is defaulting on its constitutional duty” to give all children an adequate education and ordered the state to make far-reaching changes regarding how schools are financed, which students are eligible to graduate from high school, and how teachers are paid and evaluated, among others. The judge noted that the state “has left rich school districts to flourish and poor school districts to flounder,” thereby failing to provide children with a “fair opportunity for an elementary and secondary school education.” Judge Moukawsher did not mandate any particular policies for the state to adopt in light of the ruling – rather, he ordered the attorney general’s office to submit plans within 180 days to solve the problems outlined in the decision.

While this decision may appear to assist vulnerable students in Connecticut, Judge Moukawsher also noted within the decision that children with certain “profound” disabilities be denied a public education, erroneously stating that: “The call is not about whether certain profoundly disabled children are entitled to a ‘free appropriate public education.’ It is about whether schools can decide in an education plan for a covered child that the child has a minimal or no chance for education, and therefore the school should not make expensive, extensive, and ultimately pro-forma efforts…no case holds otherwise, and this means that extensive services are not always required.” The state has appealed the ruling to the Connecticut Supreme Court.

The Arc, a leading national disability organization, and The Arc of Connecticut, released the following statement on the ruling:

“While the disability community has won many important, hard fought battles when it comes to kids with disabilities accessing a free and appropriate public education, this ruling demonstrates we have a long way to go to ensure discrimination in our education system is a distant memory.

“The language of this ruling turns back the clocks on how society places value in the lives of people with disabilities. It ignores all the examples of people with disabilities being told they can’t do this, or won’t be able to do that, who proved the experts wrong. If we followed this narrow view and didn’t invest in the education of all kids, we would be missing out on the contributions every single person can make in their community. I’m glad the state is appealing this ruling, and The Arc of Connecticut will be a leader in making sure that all kids with disabilities are treated fairly under the law,” said Peter Berns, CEO of The Arc.

“This ruling is deeply disturbing on two levels,” said Leslie Simoes, the executive director of The Arc of Connecticut. “First, the court ignored the law. Though it was common to deny an education to children with disabilities in the past, federal law has entitled all children with disabilities- not just some children- to a free and appropriate public education in the least restrictive environment for more than 40 years. Attempting to differentiate children deserving of an education by the severity of their disability would be both arbitrary and lead to creating perverse incentives for states.

“Second, I categorically reject the court’s premise that the only way one group of struggling students can progress is to take services away from others who face enormous challenges. Our aim must be to move forward together, not to benefit some by leaving others behind. That is not only illegal, it denies those children their basic human right to live as full members of their community.”

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. The Arc has a network of over 650 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 and without regard to diagnosis.

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The Arc Welcomes Long Overdue Initial Zika Prevention Funding Package

/in /by The Arc

Washington, DC – After months of delay, late last night Congress finally approved and sent to President Obama’s desk a funding package for Zika prevention. Some women infected with Zika while pregnant give birth to babies with severely disabling brain injury, including microcephaly. Many of The Arc’s more than 650 chapters provide supports and services to families and people with a range of disabilities, including significant disabilities. Since 2015, more than 23,000 cases of Zika have been confirmed in the U.S. and its territories, with over 2,000 of these among pregnant women.

“After months of inaction, we are relieved that Congress finally approved funding to address this public health threat. These resources will allow us to slow the spread of Zika until a treatment or vaccine can be developed.

Unfortunately, women will continue to have to wait for years to know the full range of developmental delays that their Zika infections have caused in their children. Affected children and their families then will enter our nation’s woefully inadequate system for providing services and supports for the millions of people with intellectual and developmental disabilities in communities across the country. The Arc continues to educate Members of Congress and the public about the importance of our lifeline programs, Medicaid and Social Security, for people with disabilities and their families,” said Peter Berns, CEO of The Arc.

In February, the White House asked for $1.9 billion for Zika vaccine development, better testing, and mosquito reduction. With no action taken by Congress, in April the White House transferred $589 million from money set aside to fight Ebola and other problems to work on Zika prevention efforts. With that funding dwindling, Congress was at an impasse all summer and into September over the funding level and extraneous items some were attempting to include in the bill that Congress couldn’t agree on. The approved legislation includes $1.1 billion for this effort.

The Arc has long held a position on the prevention of intellectual and developmental disabilities (IDD), supporting our national efforts to continue to investigate the causes, reduce the incidence and limit the consequences of IDD through education, clinical and applied research, advocacy, and appropriate supports. We firmly believe that prevention activities do not diminish the value of any individual, but rather strive to maximize independence and enhance quality of life for people with IDD.

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. The Arc has a network of more than 650 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 and without regard to diagnosis.

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A Conversation With Dr. Brian Armour About Oral Health of People With and Without Disabilities

/in /by The Arc

Patient - teeth checkBrian Armour, PhD is an economist with the Centers for Disease Control and Prevention (CDC). He has spent over 15 years in health services research, including work on helping design the CDC Disability and Health Data. We asked Brian to discuss findings from the study he led, entitled “A Profile of State-level Differences in the Oral Health of People with and Without Disabilities, in the U.S., in 2004” (Armour BS, Swanson M, Waldman HB, Perlman SP. Public Health Rep. 2008 Jan-Feb;123(1):67-75).

Why did you want to study state-level differences in oral health of people with disabilities?

While there have been disability-specific studies about oral health, no state-level analysis of the oral health of people with disabilities was available. We wanted to assess the oral health of people with disabilities in each state.

Oral health is as important as other types of health care; and good oral health improves general health, self-esteem, communication, nutrition, and quality of life.

What did you discover?

In the year we observed, people with disabilities were less likely than people without disabilities to visit a dentist or dental clinic. They were more likely to have experienced tooth loss.

Our study showed very different results among states. People with disabilities from Mississippi were much less likely than people with disabilities in Connecticut to have visited the dentist or dental clinic in the last year. Only four percent of people with disabilities in the District of Columbia reported having tooth loss as opposed to almost 19 percent of people with disabilities in Kentucky.

What does this mean for people with disabilities and their families?

It is important for everyone, especially for people with disabilities, to practice good oral health habits, like brushing their teeth regularly and flossing. People who need help finding good oral health habits can visit the “Oral Health” section of the CDC website.

Sometimes, people with disabilities – particularly intellectual or developmental disabilities – need assistance from their families and caregivers to help them practice good oral health. If caregivers need tips on how to promote good oral heath, they can check out “Dental Care Every Day: A Caregiver’s Guide” from the National Institute on Health.

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A Conversation With Brian Armour About Disability Prevalence Among Healthy Weight, Overweight, and Obese Adults

/in /by The Arc

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Brian Armour, PhD is an economist with the Centers for Disease Control and Prevention (CDC). He has spent over 15 years in health services research, including work on helping design the CDC Disability and Health Data System. We asked Brian to discuss findings from the study he led, entitled “Estimating Disability Prevalence Among Adults by Body Mass Index: 2003–2009 National Health Interview Survey” (Armour BS, Courtney-Long E, Campbell VA, Wethington HR. Prev Chronic Dis. 2012; 9: E178. Published online 2012 December 27).

In your article, you assess the number of people who are obese, overweight, or healthy weight and who report having a disability. Why do you think it is important to look at whether people who have weight issues also have disabilities?

This information can help public health programs better recognize the need to design obesity prevention and treatment programs that are inclusive of people with disabilities.

What did you find out?

We found that 41 percent of US adults who are obese also reported having a disability. We also found out that mobility limitation was one of the most frequently reported types of disability among people who are obese.

What does this mean for public health programs?

Public health programs should be considering the needs of those with disabilities when designing their obesity prevention and treatment programs. There are many resources public health organizations can use to help make sure that they are thinking of the needs of people with disabilities. Two good resources include the “Disability Inclusion” section on the CDC’s website as well as the Inclusive Community Health Implementation Package (iChip) program run by the National Center on Health and Physical Activity for People with Disabilities (NCHPAD).

Do you have any recommendations for people with disabilities on how to maintain their weight and avoid becoming obese?

Everyone is different, but it is important that we all are physically active, eat better, and talk to a doctor when not feeling well! People who need help keeping a healthy weight can check out the “Healthy Weight” section of the CDC website for tools to use to help maintain a healthy weight.

Is there anything else you would like to add?

Identifying health issues that people with disabilities experience is important, but we also need to help improve the health of people with disabilities by promoting inclusion. This means making sure that people with disabilities are included in all aspects of community life—in our gyms, healthy eating programs, walking paths, transportation and more.

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What Is Disability? Department of Justice Releases Revised Regulations to Implement the Requirements of the ADA Amendments Act of 2008

/in /by The Arc

On August 10, 2016, the Department of Justice (DOJ) released the much anticipated final rule revising the Department’s Americans with Disabilities Act (ADA) Title II (public services) and Title III (public accommodation) regulations to implement the requirements of the ADA Amendments Act of 20009 (ADAAA). The final rule will take effect on October 11, 2016.

The new DOJ regulations provide significant clarification for who is covered under the ADA. The final rule clarifies that those with disabilities from cancer, attention deficit hyperactivity disorder, learning disabilities, and other conditions should be protected under the ADA.

In addition to clarifying the term disability, the final rule provides a non-exhaustive list in defining major life activities, and adds rules of construction to be applied when determining whether an impairment substantially limits a major life activity. DOJ states that the goal is to ensure the ADA is construed broadly in favor of expansive coverage, thereby meeting the original Congressional intent.

Although the ADAA is already in effect and applies to all entities covered under Title II and Title III (employment) of the ADA, DOJ’s changes to the regulations will assist in the interpretation and application of the ADAAA. The ADAAA’s provisions regarding the definition of disability will also apply to Title I of the ADA.

The final rule includes clear language that individuals with intellectual disabilities are covered under the ADA and the ADAAA. The analysis in the rule makes it clear the intent of Congress was to protect individuals with IDD even where a mitigating measure, medication, etc., might lessen the impact of an individual’s disability.

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The Arc Commends Department of Justice’s Report on Investigation of the Baltimore City Police Department

/in , /by The Arc

Washington, DC – Last week, the Department of Justice’s (DOJ) Civil Rights Division released a report following an investigation into the past conduct of the Baltimore City Police Department (BPD). DOJ concluded that there is “reasonable cause to believe that BPD engaged in a pattern or practice of conduct that violates the Constitution or federal law” by engaging in unconstitutional stops, searches, and arrests; using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches, and arrests of African-Americans; using excessive force; and retaliating against people engaging in constitutionally-protected expression. Among these troubling findings, The Arc noted that the treatment of individuals with disabilities by law enforcement was included in the report, which featured a full section on the use of unreasonable force against individuals with disabilities highlighting that “BPD officers repeatedly fail to make reasonable modifications necessary to avoid discrimination in violation of Title II of the Americans with Disabilities Act of 1990 (ADA).”

Among other things, the investigation recommended that BPD offer crisis intervention training, previously offered to only new recruits, to veteran officers as well. DOJ noted that such training helps officers “identify whether an individual is in crisis or engaging in behavior related to a disability, to interact effectively with people with disabilities, to de-escalate a crisis, and to connect the individual with local resources to provide treatment or support.”

“Far too often, people with intellectual and developmental disabilities are in situations with law enforcement that unnecessarily escalate because officers aren’t trained in crisis prevention or how to recognize and accommodate various disabilities. This is not only happening in Maryland, it is a serious problem nationwide. We have got to flip the script when it comes to law enforcement training so that police departments understand that recognizing and appropriately accommodating disability in the line of duty is not optional, but is a fundamental aspect of their compliance with civil rights laws, such as the ADA. The recommendations in this report should be adopted across the country, so that we can break the cycle of discrimination that many minorities, including people with disabilities, face, and make our communities safer and more just for all,” said Leigh Ann Davis, Director, Criminal Justice Initiatives, The Arc.

The report found that BPD officers “have escalated interactions that did not initially involve criminal behavior, resulting in the arrest of, or use of force against, individuals in crisis, or with mental health disabilities or IDD, or unnecessary hospitalization of the person with mental health disabilities or IDD.” These unnecessary hospitalizations often violate the “integration mandate” of the ADA and the landmark Olmstead decision, which require public entities to administer services, programs, and activities for people with disabilities in the most integrated setting appropriate and prohibits unjustified institutionalization of people with disabilities.

“The findings in the report are disturbing. It is particularly painful reading this report on the heels of the 26th Anniversary of the ADA. The Arc Maryland stands ready to assist with necessary training to police officers to appropriately respond to people with IDD. We urge BPD to implement specialized training and de-escalation techniques as tactics to reform the system and better serve people with disabilities, African Americans, and any other member of the community that interacts with the criminal justice system,” said Poetri Deal, Director of Public Policy & Advocacy, The Arc Maryland.

Steve Morgan, Executive Director, The Arc Baltimore, said: “The BPD is already working with us to extend the crisis intervention training, previously offered to select officers only, to the entire force. We are working together to address the recommendations, expand their knowledge, and improve community relations.”

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or IDD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with IDD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. Pathways to Justice utilizes a multi-disciplinary response that provides a foundation for a collaborative approach among community partners.

Read more about The Arc’s take on criminal justice reform and people with IDD in our recent blog in the Huffington Post.

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. The Arc has a network of more than 650 chapters across the country, including 11 in Maryland, promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.