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

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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

Introduction to The Arc@School Advocacy Curriculum in Spanish

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These recorded webinars provide a brief overview of the Spanish version of The Arc@School’s Special Education Advocacy Curriculum. The curriculum provides basic information that parents, educators, and non-attorney advocates need to support students and families in navigating the special education system. Watch the webinar to learn more about the content of the curriculum, how to sign up to receive an account, what to expect after signing up, and more.

IN ENGLISH:

IN SPANISH:

Restrained and Secluded: How a Change in Perspective for Students With Disabilities and Simple Science Can Change Everything

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Students with disabilities are more likely to be restrained, secluded, suspended, expelled, and subjected to corporal punishment. In the name of behavior, children with disabilities, Black and brown children, and children with a trauma history are often misunderstood. Outdated behavioral management approaches are not working for the children who need our help the most. Being the parent or caregiver of a misunderstood child can be difficult. We are often blamed and shamed, but there is hope. A bit of neuroscience and a new lens on behavior can reduce and eliminate punitive practices and lead to endless potential.

Speaker Bio: Guy Stephens lives in Southern Maryland with his wife and two amazing children. He is the founder and Executive Director of the nonprofit Alliance Against Seclusion and Restraint (AASR). AASR is a community of over 25,000 parents, self-advocates, teachers, school administrators, paraprofessionals, attorneys, related service providers, and others working together to influence change in supporting children whose behaviors are often misunderstood. He has presented at conferences and events across North America and guest lectures for undergraduate and graduate courses as a national expert on the issue of restraint and seclusion.

Download presentation here.

Download transcript here.

For further questions, please email school@thearc.org.

Jacobs v. Salt Lake City School District

/in , , /by The Arc

Filed: September 29, 2023

Court: Tenth Circuit Court of Appeals

Overview: Amicus brief explaining that children with disabilities must have access to education in their neighborhood schools.

Excerpt: “The ruling below is flatly inconsistent with the IDEA and case law interpreting its least restrictive environment (LRE) mandate. Congress has made clear through IDEA (in all its iterations over the past five decades) that one of its overriding priorities was giving students with disabilities access to the general education curriculum and education in the regular classroom to the maximum extent possible. Congress enacted IDEA, an “ambitious piece of legislation,” in response to the serious problem that a “majority of handicapped children in the United States were either totally excluded from schools or [were] sitting idly in regular classrooms awaiting the time when they were old enough to drop out.” Endrew F. v. Douglas Cnty. Sch. Dist. RE-1, 580 U.S. 386, 397 (2017) (internal quotation marks and citations omitted)… IDEA’s mandates are not empty aspirations: decades of scientifically based research demonstrates that children with disabilities achieve considerably more educational benefit from placement in general education classes with access to the general education curriculum through supplementary aids and services than from placement in special education classrooms or schools with limited access or no access to their age-appropriate non-disabled peers or general education curriculum.”

Case Documents

Jacobs v. Salt Lake City School District Amicus Brief

The Arc Responds to ED’s Proposed Rule to Remove Parental Consent for Billing Medicaid in Schools

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The Arc submitted a comment on the proposed rule to streamline the parental consent process when billing Medicaid for services received in school. The Arc’s comments emphasized the experience of some families being denied outside services when Medicaid was billed for school services.

Osseo Areas Schools v. A.J.T.

/in , , /by Pam Katz

Filed: April 21, 2023

Court: U.S. Court of Appeals for the 8th Circuit

Overview: Amicus brief to safeguard parental involvement in the IEP process and ensure children have access to a full school day as part of a free and appropriate education.

Excerpt: “…when a school district designs a program and placement without considering the student’s actual needs and parental input, it violates IDEA…Courts have recognized that shortening school days for IDEA-eligible children based on administrative convenience rather than individual student needs can cause substantive harm…IDEA’s procedural safeguards, especially the right to meaningful parental participation, exist to ensure the delivery of meaningful educational benefit to all children with disabilities. Because of Osseo’s undisputed failure to comply with IDEA’s procedural mandates, A.J.T. did not receive an appropriately ambitious program with challenging objectives.”

Case Documents

Amicus Brief 

Perez v. Sturgis Public Schools

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Filed: November 16, 2022

Court: U.S. Supreme Court

Overview: Amicus brief explaining that students with disabilities are not required to exhaust their administrative remedies to bring non-IDEA civil rights claims.

Excerpt: “…the decision below significantly undermines IDEA’s policies of protecting students’ rights and the use of alternative dispute resolution procedures as a preferred method for resolving IDEA claims. If allowed to stand, the decision will force parents who could otherwise achieve all available IDEA relief through settlement to nonetheless litigate their claims, lest they be left foreclosed from pursuing non-IDEA civil rights claims as Miguel Perez (Miguel) was. This would be true even though an administrative record regarding appropriate educational instruction serves no purpose whatsoever for adjudicating non IDEA claims and, more significantly, would delay the implementation of any appropriate IDEA remedy…In other words, it adds nothing of value and may further harm students who already prevailed on their IDEA claims.”

Case Documents

Amicus Brief

Press Releases

National Disability Rights Groups File Amicus in Perez v. Sturgis

National Disability Rights Groups Applaud SCOTUS Decision in Perez v. Sturgis

Related Media

Disability Scoop: Supreme Court Case Could Change How Special Ed Disputes Are Handled

Disability Scoop: Supreme Court Unanimously Sides With Student in Special Ed Case

USA Today: Special Education Clash: How One Student’s Supreme Court Case Could Make Schools More Accountable

K-12 Dive: 3 Takeaways From the Perez Special Education Case

Engagement in the Early Intervention Program Planning Process for Parents and Professionals

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Early intervention program planning can be challenging at times for students, parents, teachers, service providers, and administrators—but it doesn’t have to be.

Enter your information below to watch a free video. You will hear from Dr. Rachel Brady about IDEA Part C & B, program planning requirements, and strategies that support more meaningful engagement in early intervention programs. Equity issues and the points of advocacy at the individual and systems levels are also explored through examples, discussion, and a review of available resources.






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Education for Students With Disabilities in the Juvenile Justice System

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Students with intellectual and developmental disabilities (IDD) do not lose their right to public education, including all rights to special education, when they are adjudicated delinquent. Once in the juvenile justice system, young people with IDD may be placed in a variety of settings, ranging from home confinement to foster homes to group residential settings and so on, all the way down the continuum to secure detention and solitary confinement. Wherever they are, they have the same rights to access the coursework the state requires for all students, as well as the services and supports provided by their IEP and/or Section 504 plan. In a secure setting, the way in which some services are provided may be altered, but the services cannot be denied.

Speaker Bio: A litigator with more than 26 years of experience in juvenile and education law, Diane Smith Howard’s work at NDRN focuses on conditions for children, youth and adults with disabilities in institutional systems. Specifically, youth in the juvenile justice, child welfare, education, and refugee resettlement systems, and adults with disabilities in the criminal justice and mental health systems.

Diane holds a B.A. with honors from Colby College, Waterville, ME, and a J. D. from Wayne State University Law School, Detroit, MI. Diane’s passion for this work is rooted in a family connection to foster and adopted children with disabilities, and to adults who are at risk of institutionalization due to a lack of community supports.

Download the presentation here.

For further questions, please email school@thearc.org.

D.R. v. Redondo Beach Unified School District

/in , , /by Pam Katz

Filed: March 3, 2022

Court: Ninth Circuit Court of Appeals

Overview: The District Court denied D.R., a student with a disability, a more inclusive placement because he failed to demonstrate “appropriate educational benefit” from inclusion in general education. The amicus brief argues that, by placing the onus on students to prove that they can benefit from general education, the District Court would overturn fifty years of Congressional and judicial consensus that students with disabilities should be educated in inclusive settings “whenever possible.”

Excerpt: “The IDEA’s language, legislative history, and judicial interpretation speak with one voice: ‘To the maximum extent appropriate,’ students with disabilities must be educated ‘with children who are not disabled.’ This robust presumption of inclusion is reflected in the IDEA’s procedural requirements, which require Individualized Education Programs (IEPs) to account affirmatively for ‘the extent, if any, to which the child will not participate with nondisabled children in the regular class.’ The IDEA codified an emerging consensus from landmark special education cases that schools must educate students with disabilities in integrated settings wherever possible. Congress later amended the IDEA to further strengthen the LRE requirement in light of new education research, describing it as ‘a presumption that children with disabilities are to be educated in regular classes.’…The presumption of inclusion is so robust that it may even justify placement in general education in the rare case where the more restrictive setting may be educationally superior.”

Case Documents

D.R. v. Redondo Beach Unified School District Amicus Brief

D.R. v. Redondo Beach Unified School District Opinion