Congresswoman Cathy McMorris Rodgers, U.S. Representative for Washington State stands in front of a podium. Behind her is an orange sign with The Arc of Spokane logo.

Amazon Announces Donation Program With The Arc to Advance Connectivity and Independence for People With Disabilities

/in /by The Arc

Amazon Will Donate 5,000 Devices, Provide Monetary Support, and Engage IDD Community for Ongoing Feedback

Washington, DC – Technology can be life-changing, but people with intellectual and developmental disabilities (IDD) disproportionately face barriers to access and adoption. Amazon and The Arc have announced a landmark community program that will expand technology access and empower greater independence for thousands of people with IDD.

Amazon is donating 5,000 Echo Show and Fire Tablet devices to nearly 600 chapters of The Arc across the United States. The Arc, along with TechSoup, the leading nonprofit network facilitating distribution and adoption of technology solutions, will implement the national donation program to its chapters. The donation will enable people with IDD to leverage technology to improve daily living. The organizations will also build upon their existing work of giving people with IDD the opportunity to provide product feedback on Amazon devices.

“This collaboration is about more than donating devices – it’s about empowering people with disabilities to live life on their own terms,” said Katy Schmid, Senior Director of National Program Initiatives at The Arc of the United States. “Autonomy, entertainment, education, inclusion – these are essentials of a meaningful life, and they continue to be out of reach for many people with IDD. Our community uses technology for their daily needs in inventive ways, and this program will give even more people greater control over everyday moments. Together, we can help close the digital divide and help people with IDD fully participate in society in ways many of us take for granted.”

Congresswoman Cathy McMorris Rodgers, U.S. Representative for Washington State stands in front of a podium. Behind her is an orange sign with The Arc of Spokane logo.“The disability community is full of untapped potential just waiting to be unleashed,” said Congresswoman Cathy McMorris Rodgers, U.S. Representative for Washington State. “In today’s digital world, innovative technology is the key to unlocking new and exciting opportunities for individuals living with disabilities to achieve their goals. I’m grateful for the efforts of Amazon and The Arc to further empower every person with a disability to live a more full and independent life.”

This partnership will help people like:

  • Grace, a tween with Down syndrome, autism, ADD, hearing loss, and visual impairment who uses her device to get ready in the morning, play her favorite songs, help with her academic work, and notify her parents when she needs help.
  • Scott, an adult with IDD and a hearing impairment who uses his device to hear the local weather, dance, and learn new things.
  • Jonathan, an adult with an intellectual disability and bipolar disorder who uses his device to listen to music, set an alarm for morning wake-up, stay organized, and be more in touch with his sister.

“We’re excited to work with The Arc to support and empower people with disabilities” said Leila Rouhi, Vice President of Trust for Devices and Services at Amazon. “It is energizing to see how our devices meaningfully improve the lives of customers like Grace, Scott, and Jonathan, and we will continue working to make the world more accessible through technology for people with IDD.”

The community program kicked off this week at a launch event with Congresswoman Cathy McMorris Rodgers held at The Arc of Spokane on November 20, 2023.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses, and over 80 million family members who love and care for them. Visit thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Amazon: Amazon is guided by four principles: customer obsession rather than competitor focus, passion for invention, commitment to operational excellence, and long-term thinking. Amazon strives to be Earth’s Most Customer-Centric Company, Earth’s Best Employer, and Earth’s Safest Place to Work. Customer reviews, 1-Click shopping, personalized recommendations, Prime, Fulfillment by Amazon, AWS, Kindle Direct Publishing, Kindle, Career Choice, Fire tablets, Fire TV, Amazon Echo, Alexa, Just Walk Out technology, Amazon Studios, and The Climate Pledge are some of the things pioneered by Amazon. For more information, visit amazon.com/about and follow @AmazonNews.

Headshot of Katherine Neas

The Arc of the United States Names Katherine Neas as Its Next CEO

/in /by The Arc

Washington, DC – The Arc of the United States, the oldest and largest nonprofit serving people with intellectual and developmental disabilities (IDD), today named Katherine (Katy) Neas as its new CEO. Katy brings more than 35 years of experience in disability policy and public and nonprofit leadership to the role. Her tenure with The Arc of the US will begin in January 2024.

Headshot of Katherine NeasKaty is a visionary leader who has devoted her career to disability rights, and she has deep connections in the field. She joins The Arc from the U.S. Department of Education, where she served as Deputy Assistant Secretary in the Office of Special Education and Rehabilitative Services. Prior to that role, she was Executive Vice President of Public Affairs for the American Physical Therapy Association (APTA) and for Easterseals. She is widely regarded for her bipartisan and collaborative work, earning her roles including Past Chair of the Consortium for Constituents with Disabilities (CCD). Earlier in her career, Katy served as Legislative Assistant to Senator Tom Harkin and the U.S. Senate Subcommittee on Disability Policy, where she worked on landmark legislation such as the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Katy holds a B.A. from Georgetown University.

“We are very excited to welcome Katy Neas as the next CEO of The Arc,” said Laura Kennedy, Board President for The Arc of the US. “Her more than 35 years of working as a highly respected advocate for people with disabilities will continue to move The Arc forward with its important work. She is well known as an ally and thought leader by government officials and legislators, nonprofit providers, self-advocates, parents, and executive staff across the country. She is the right person for our organization as we continue to work hard to help every person with IDD be heard and have the opportunities to thrive.”

“Stepping into this role as CEO of The Arc feels like coming home,” said Katy Neas. “Throughout my career, I’ve been lucky to work arm-in-arm with fierce advocates and caring providers to drive progress. That open collaboration and trust is what makes The Arc so special – never losing sight that we do this WITH people with disabilities, not just FOR them. I’m in awe of The Arc’s profound legacy, from pioneering special education access to spearheading community living. Now, I’m honored to continue that legacy into the future, but we won’t rest on past wins. Together with families, self-advocates, and partners, we’ll build an even stronger organization to meet the challenges ahead. I can’t wait to listen and learn from every corner of this community and lead inclusively into the next era of success. The Arc’s brightest days lie ahead.”

“The Arc’s Board of Directors made a very wise choice in selecting Katy,” said Paul Marchand, a longtime and influential disability policy champion who served The Arc for 38 years. “I’ve worked closely with her for more than 30 years, and her disability policy knowledge is outstanding. She is a leader in all respects – smart, loyal, a good listener, and a coalition builder. Katy has held high level positions in nonprofits, in a huge federal agency, and she cut her teeth on Capitol Hill. She’s done it all, and The Arc couldn’t have found anyone better to lead into the future.”

As CEO of The Arc of the United States, Katy will be responsible for leading the nearly 75-year-old organization and its Washington, DC-based national office for 578 chapters across the United States. She steps into the role at a pivotal moment for disability rights, as issues like the caregiving crises, ongoing exclusion from schools and workplaces, and threat of losing hard-won civil rights have made The Arc’s mission more crucial than ever. Katy will build upon The Arc’s legacy and thought leadership among disability and civil rights groups while advancing its mission to ensure people with IDD can lead full, meaningful, and self-directed lives.

Katy was selected following an extensive national search led by Heidrick & Struggles and a Search Committee comprised of staff and Board members from The Arc, chapter executives, community partners, and a self-advocate. Heidrick & Struggles conducted town halls, surveys, and one-on-one meetings with key stakeholders, including The Arc’s National Council of Self-Advocates and chapter executives.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses, and over 80 million family members who love and care for them. Visit thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The US Capitol in Washington, DC

Disability Advocates Urge Support for Emergency Funding Bill to Address Medicaid Care Crisis

/in , , /by The Arc

Washington, DC – Every person deserves the freedom of living in their own homes, being a part of their communities, and choosing how they spend their days. Medicaid’s home and community-based services makes that possible for millions of people with disabilities and older adults, yet chronic underfunding is forcing them into institutions and putting families in crisis. Today, the Home and Community-Based Services (HCBS) Relief Act was introduced by Senator Bob Casey (D-PA), a bill that would provide emergency funding to state Medicaid programs and have a profound impact on disabled and older Americans. The Arc applauds this pressing bill and urges lawmakers to pledge their support for independence and inclusion.

“Marginalized for far too long and facing catastrophic shortages of direct care workers, people with disabilities and their families are desperate for help,” said David Goldfarb, Director of Long-Term Supports and Services Policy at The Arc of the United States. “Without access to basic support for daily living, disabled people are at risk of being confined, isolated, and neglected in institutions or trapped in their homes. This is about the basic human right to live in the community. It’s time that we show people with disabilities that their lives not only matter, but that they are valued members of our society. The HCBS Relief Act would support and strengthen their daily lives, while also improving health, economic stability, and quality of life for their families and direct care workers.”

Millions of people rely on HCBS for daily activities, such as dressing, bathing, meal preparation, taking medication, employment support, mobility assistance, and more. The HCBS Relief Act would provide dedicated Medicaid funds to states for two years to stabilize their HCBS service delivery networks, recruit and retain HCBS direct care workers, and meet the long-term support and service needs of people with disabilities and older adults. The HCBS Access Act, which was introduced in March 2023, would make a transformational impact on the care crisis, but emergency relief is needed right now, which this bill would provide.

“My disability means I need assistance getting around and sometimes with communicating,” said Steve Grammer, a Disabled Self-Advocate living in Virginia. “When I was 22, my mom fell ill and I was placed in a nursing home. I got to see her just once before she passed away. After 9 long years, my dream of independence came true. With the help of in-home caregivers, I have my own apartment and I can choose what I want to eat, where I want to go, and what I want to do. I no longer worry about my food being served cold or my medications being administered late. I can stay out late with friends while we listen to our favorite bands. I have freedom—and a life like yours. I’m living proof that people who have been barricaded away can live on their own and thrive while contributing to their communities.”

“I started out in an institution,” said Veronica Ayala, a Disabled Self-Advocate living in Texas. “I was there for 18 really long months, and I was a child, so that was really traumatic. For 18 months, I didn’t have my mother to put me to bed, tell me a story, give me a bath. There was no love or attention given. Thankfully my mother realized that she could do it on her own with home and community-based services. With the right supports, anyone with a disability can live in their community. Anyone with a disability can succeed.”

Recent research from The Arc and the University of Minnesota shows that 35% of people with intellectual and developmental disabilities (IDD) are trapped on waiting lists for supports and services they desperately need, 19% of which have been waiting for more than ten years. This doesn’t just impact their lives – it’s having a ripple effect on their families and our economy. Nine in ten family caregivers reported that their careers have been negatively affected due to a lack of supports, and 66% have had to leave the workforce entirely. This is ultimately leaving families significantly stressed and financially strained.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. Visit www.thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The Arc logo

New Bipartisan Bill Would Advance Economic Security for Disabled Americans

/in , , /by The Arc

Washington, DC – The Supplemental Security Income (SSI) program was designed to combat poverty among people with disabilities, but the program’s outdated rules do just the opposite—forcing people to live in poverty to qualify for monthly assistance. Today, The Arc celebrates the introduction of the SSI Savings Penalty Elimination Act by Senator Sherrod Brown (D-OH), Senator Bill Cassidy (R-LA), Representative Brian Higgins (D-NY), and Representative Brian Fitzpatrick (R-PA). This bipartisan bill, which is also supported by over 370 organizations, makes long-overdue reforms to the SSI program that would empower millions of people with disabilities to earn and save more money for their futures.

The SSI program was established 50 years ago and provides critical benefits to over 7.5 million people with disabilities and older adults to help them pay for basic needs like food, clothing, and shelter. But outdated eligibility rules punish SSI beneficiaries for saving money, pushing them into poverty. SSI also guarantees access to Medicaid in most states, which covers long-term services and supports and health care. Right now, people who get SSI cannot have more than $2,000 in financial resources and married couples can only have $3,000. Resources that count towards the SSI asset limit include cash, money in bank accounts, most retirement accounts, stocks and bonds, the value of life insurance policies and burial funds over $1,500, and some personal property. This strict asset limit has not been updated since 1984 and is not indexed to inflation.

“Decades of inflation and inaction have turned a crucial safety net program into a tightrope,” said Darcy Milburn, Director of Social Security and Healthcare Policy at The Arc of the United States. “The maximum amount of money an SSI beneficiary can have in a bank account is 80% less than what beneficiaries were allowed to save in 1972. SSI’s strict asset limits force people with disabilities to live on a financial knife’s edge. It’s an incredibly difficult administrative burden and a very delicate balancing act that can easily tip to losing benefits altogether – which can be catastrophic.”

The SSI Savings Penalty Elimination Act would raise the SSI asset limit to $10,000 for individuals and index it to inflation moving forward. It would also raise the limit for married couples to $20,000 to help correct a harmful marriage penalty. The bill would significantly improve the lives of millions of people with disabilities and allow SSI beneficiaries to use their own savings to address needed emergencies when they arise.

SSI’s low asset limits combined with meager cash benefits are leaving 4 in 10 beneficiaries in poverty. People with disabilities live in poverty at more than twice the rate of those without disabilities, and SSI is a driving factor. These barriers are compounded by the Social Security Administration being in a state of crisis, where millions are waiting for appointments, decisions on applications, and appeals on rejected claims.

“Raising the SSI asset limit is one of the most important things we can do right now to improve financial security for millions of older adults and people with disabilities,” said Milburn. “The current asset limits trap people in poverty, create barriers to work, and make financial independence virtually impossible. SSI beneficiaries cannot save for necessary expenses like a security deposit or car repairs without the risk of losing their benefits, leaving many just one emergency away from homelessness and hunger. The negative impacts of the current SSI asset limits extend beyond individual SSI beneficiaries to their families, communities, and our economy as a whole.”

The Arc has advocated relentlessly for changes to SSI asset limits and against the existing unfair and discriminatory caps. For many years, we have urged Congress to update SSI requirements and benefits so that people with disabilities can have greater financial security and support, as well as pursue opportunities to build their futures.

To meet real-life people who are impacted by SSI asset limits, read these stories from Lauren and Jen and Eddie.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. Visit thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

Media Contact: Jackie Dilworth, dilworth@thearcwebdev.wpengine.com

The Arc logo

Federal Court in Texas Hears Lawsuit Challenging S.B. 1, State Law Targeting Voting Rights

/in /by The Arc

San Antonio, TX – Today, the United States District Court for the Western District of Texas began the first day of trial in a case challenging S.B. 1, a Texas law that targets voting access. The case is comprised of five lawsuits, including Houston Area Urban League v. Abbott which was filed in 2021 by the Legal Defense Fund (LDF), Reed Smith LLP, ArentFox Schiff, and The Arc on behalf of the Houston Area Urban League (HAUL), Delta Sigma Theta Sorority, Inc., The Arc of Texas, and Jeffrey Lamar Clemmons, a poll worker.

The lawsuit argues that S.B. 1 violates the First, Fourteenth, and Fifteenth Amendments of the United States Constitution and Section 2 of the Voting Rights Act by targeting and burdening methods and means of voting used by voters of color. Additionally, the plaintiffs argue the law violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Section 208 of the Voting Rights Act by imposing voting barriers that will discriminate against voters with disabilities and deny people with disabilities full and equal opportunities to participate in the state’s voting programs.

The lawsuit challenges multiple provisions in S.B. 1, including its limitations on early voting hours and a ban on 24-hour voting; the elimination of drive-thru voting centers;  limitations on multiple drop-off locations for mail ballots; limitations on the distribution of mail-in ballot applications; limitations and possible penalties for voter assistants, including criminal felonies; expansion of the authority of partisan poll watchers; and criminal penalties against poll workers seeking to maintain order at the polling place.

“The plaintiffs in this lawsuit brought this case for one reason: voting is a fundamental right that is preservative of all other rights,” said Jennifer A. Holmes, Senior Counsel at the Legal Defense Fund (LDF). “But S.B. 1 is disenfranchisement by a thousand cuts. It makes voting harder at every stage of the process, disproportionately burdening Black and Latino voters and voters with disabilities. No plaintiff, or eligible Texas voter, should face these barriers to voting.”

“Our democracy should encourage voter turnout, not inhibit it,” said Reed Smith partner Kenneth Broughton. “This law erected roadblocks at every stage of voting, from registering to casting ballots. While election officials admitted there was no fraud to fix, they still made it harder to vote for all, particularly disabled people and voters of color.”

“Democracy begins with free and fair elections. Safeguarding voting rights and allowing voters to express their voices and be heard are fundamental to a democratic system. This legislation denies eligible voters this fundamental right and it needs to be protected,” said J. Michael Showalter, partner at ArentFox Schiff.

“Voter suppression is a disability rights issue,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “People with disabilities have the fundamental right to vote and participate in our democracy, but this right has too often been denied. S.B. 1 disenfranchises voters with disabilities by making it harder to vote by mail and receive the assistance they need to vote, and it denies people with disabilities equal access to voting in violation of the law. If a wheelchair user faces an inaccessible building and must – with great hardship – get out of their wheelchair and crawl up the stairs to get inside, no one would argue that this is equal access. The same principle applies here. Voters with disabilities should not be forced to figuratively crawl up the steps to access the vote.”

“The Houston Area Urban League stands firmly against any legislation that could potentially disenfranchise voters, particularly those from marginalized communities,” said Judson Robinson, President and CEO of HAUL. “Our participation in this lawsuit is a testament to our dedication to ensuring that every eligible Texan has a fair and equal opportunity to cast their vote.”

“Texas Senate Bill 1 is a blatant attack on democracy and an egregious violation of the rights of all Texans, with a disproportionate impact on Black and Latino communities and Americans with disabilities,” said Elsie Cooke-Holmes, co-plaintiff and international president of Delta Sigma Theta Sorority, Inc. “For 110 years, Delta Sigma Theta Sorority has been leading the charge in advancing voting rights for African Americans and women, and will persist in advocating for this cause. We stand united against these grave injustices and actively work to establish a fair and inclusive electoral system that honors the rights of all.”

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Media Contacts:
Jackie Dilworth, The Arc, dilworth@thearcwebdev.wpengine.com, 202-617-3271
Ella Wiley, Legal Defense Fund (LDF), media@naacpldf.org, 212-965-2200
Brad Wise, NewsPros – Reed Smith LLP, brad@newspros.com, 925-588-4744
Linda Yun, ArentFox Schiff, linda.yun@afslaw.com, 312-258-4504
Kerry-Ann Hamilton, Delta Sigma Theta Sorority, Inc., inquiries@deltasigmatheta.org, 301-265-5100
Emaan England, Houston Area Urban League, eengland@haul.org, 404-668-2329

The Arc logo

Amicus Brief Filed in U.S. Supreme Court Case Emphasizes Importance of Testers to ADA Enforcement

/in /by The Arc

If testers are stripped of standing, the result will be less private enforcement of the ADA, a less accessible society, and the continued exclusion of people with disabilities from community life.

Washington, DC – Eighteen leading disability advocacy organizations have filed a “friend-of-the-court” brief in the U.S. Supreme Court in Acheson Hotels v. Laufer, a case that will decide whether testers—disabled people who investigate compliance with the Americans with Disabilities Act (ADA)—have the ability to sue businesses for discrimination when their rights under that law are violated. The case is scheduled to be heard on October 4, 2023.

Civil rights testing—intentionally investigating and challenging discrimination—has been used as an effective tool of enforcement since the 1950s, helping ensure that public accommodations were integrated and housing discrimination, challenged. Congress included the same enforcement tools when it passed the ADA in 1990 that it had included in these earlier civil rights laws, and testing has proven to be an essential enforcement tool in this context as well.

Deborah Laufer is one such tester. She is a person with disabilities who has filed numerous cases against hotels for violating an ADA regulation that requires hotels to include certain information about accessibility features in their online reservation systems. Ms. Laufer is a “tester” in her cases because she voluntarily puts herself in a situation to experience discrimination—specifically, she visits hotel websites to investigate compliance with the reservation rule—and when denied the information to which the ADA regulations entitle her, she challenges that discrimination in court and seeks to make the hotels comply with the law.

Despite acknowledging that they were, in fact, violating the ADA, hotelier Acheson doesn’t think that tester standing is fair, and argues that people like Ms. Laufer should have an immediate plan to stay at a hotel before they can challenge the hotel’s discrimination. Acheson asks the Supreme Court to reverse a First Circuit opinion upholding discrimination claims brought against them by Ms. Laufer as a tester.

The brief of amici opposes Acheson’s request and defends testing as essential to the enforcement of the ADA, arguing that eliminating tester standing would frustrate the ADA’s goal of equality of opportunity. Amici discuss how the indignity of unequal treatment has long been recognized as the sort of harm that can be remedied in court and explains how an individual’s motive, or status as a tester, does not change that. Amici also dispel a number of false claims made by Acheson and its supporters about ADA litigation.

“People with disabilities face rampant inaccessibility and discrimination that impacts every aspect of their lives—from travel to employment to health care and everything in between,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel at The Arc of the United States. “Despite the ADA’s promise to create equal access, insufficient oversight and enforcement means that businesses frequently ignore the civil rights of disabled people, making their daily lives extremely difficult and undermining the rights guaranteed by the law. ADA testers are essential to ensuring the rights of people with disabilities are enforced and protected and that the full promise of the ADA is realized.”

“If individuals with the fortitude to take on the burden of ADA litigation as testers are stripped of standing, the result will inevitably be less enforcement of the ADA, frustration of its goals, and the continued exclusion of people with disabilities from community life,” said Michelle Uzeta, Deputy Legal Director at the Disability Rights Education and Defense Fund.

“Given that the ADA was signed into law more than 30 years ago and thousands of businesses remain inaccessible to people with disabilities, it is critically important the Supreme Court affirms the ability of testers to investigate compliance,” said Marlene Sallo, Executive Director of the National Disability Rights Network. “Testers ensure that travelers with disabilities do not discover their hotel is inaccessible when they show up at the door.”

“By the time a disabled person attempts to patronize a noncompliant public accommodation, it’s too late for a lawsuit to be much use,” added Amy Robertson, Counsel for Amici at Fox and Robertson, PC. “Systemic investigation by those protected by the ADA can accelerate society’s progress toward a time when they and others can go about their daily lives expecting—and attaining—access to a wide range of facilities and services.”

Amici are represented by attorneys Karla Gilbride, Amy Robertson of Fox & Robertson, PC, Justin Ormand of Allen and Overy LLP, Thomas Zito of Disability Rights Advocates, and Michelle Uzeta of Disability Rights Education and Defense Fund.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. Visit thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Disability Rights Education & Defense Fund: The Disability Rights Education & Defense Fund (DREDF) is a national, nonprofit law and policy center led by people with disabilities and dedicated to advancing and protecting the civil and human rights of disabled people. Founded in 1979 by people with disabilities and parents of children with disabilities, DREDF remains board- and staff-led by members of the communities for whom it advocates.

About National Disability Rights Network: The National Disability Rights Network works in Washington, DC on behalf of the Protection and Advocacy Systems (P&As) and Client Assistance Programs (CAPs), the nation’s largest providers of legal advocacy services for people with disabilities.

Media Contacts:
Jackie Dilworth, The Arc, dilworth@thearcwebdev.wpengine.com
Tina Pinedo, DREDF, tpinedo@dredf.org
David Card, National Disability Rights Network, press@ndrn.org

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A Major Win for Disability Rights From SCOTUS!

/in /by The Arc

Statement from Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States, on Health and Hospital Corporation of Marion County v. Talevski:

“Today is a monumental win for disability rights and the principle that a private right of action is critical in the access, accountability, and antidiscrimination of our country’s Medicaid and safety net programs. The U.S. Supreme Court has upheld the rights of Medicaid beneficiaries to seek legal recourse when state officials are violating their rights. It sets a crucial precedent that will have far-reaching implications for people with disabilities in our health care system, housing, nutrition, education, disability, and other safety net programs. People with disabilities have long faced pervasive discriminatory treatment within American society, and they have relied on lawsuits to enforce Medicaid’s protections, including the landmark Olmstead v. L.C. case. One in four adults in America has a disability, the majority of whom rely on Medicaid and other safety net programs to live meaningful lives. Because of today’s decision, they will continue to have legal recourse if they face mistreatment or abuse or their benefits are taken away or denied, which happens more often than you may think. The Arc and our national chapter network help people with disabilities navigate these complex government systems, which frequently fail to help the people who need them most. Private lawsuits have been one of the only ways people can meaningfully enforce their rights in these crucial programs. This decision also ensures there is accountability for service providers, which has a direct impact on the quality of services and supports that millions count on. Ultimately, today’s win prevents the unraveling of 30 years of antidiscrimination progress set forth by the ADA, as well as ensuring that people with disabilities are less likely to be unnecessarily institutionalized. We urge health care providers, policymakers, and community leaders to embrace this decision and recognize the pivotal role safety net programs play in promoting health equity and ensuring the well-being of people with disabilities.”

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Special Education Is Complex. New Partnership Will Give Indiana and Maryland Families Free Support.

/in /by The Arc

Washington, DC, May 19, 2023 – From low expectations and a dire shortage of special educators to isolation and informal suspensions, a quality education is not easy to obtain for U.S. students with disabilities. Caregivers of children with disabilities must become experts at advocating for their children in order to get the support they need. Today, Lids Foundation announced that is providing a $50,000 grant to The Arc to give Indiana and Maryland families free access to The Arc@School, an evidence-based special education advocacy curriculum. This grant has the potential to help over 285,000 children with disabilities living in those states succeed and build bright futures.

The Individuals with Disabilities Education Act (IDEA) was enacted nearly 50 years ago with the goal of providing equal opportunities for students with disabilities. Yet this foundation for the special education system has long failed these students, many of whom don’t receive the education and support they need to thrive. There is also little to no guidance or support for families navigating these complex systems. Lack of access to a quality education continues to cause not only significant gaps in academic achievement for students with disabilities, but also life skills and socio-emotional development – particularly for those with intellectual and developmental disabilities.

The Arc@School was created in 2016 in response to decades of troubling testimonies from self-advocates. The Arc@School is a self-paced online training program that helps caregivers of children with disabilities navigate the special education system from birth through age 21. The Special Education Advocacy Curriculum teaches families their rights under the law, how to ensure the school writes and implements an effective individualized plan (IEP), and how to work with their school to get their accessibility and support needs met. The program has eight modules that total nearly 10 hours of training. The partnership with The Arc and Lids Foundation will be a catalyst for building nationwide power and skills among families so their children with disabilities are valued members of the school population, particularly marginalized communities whose voices are often ignored.

“We are thrilled to partner with Lids Foundation and The Arc of the United States to provide free access to The Arc@School’s Special Education Advocacy Curriculum,” said Ande Kolp, Executive Director of The Arc of Maryland. “This partnership will offer strong support to Maryland families interacting with these confusing and broken systems that continue to cause extraordinary disparities among students with disabilities and their peers.”

“The Lids Foundation is excited to partner with The Arc and their mission to protect the rights of people with intellectual and developmental disabilities,” said Sarah Lim, Executive Director of Lids Foundation. “As a Foundation, we seek to remove barriers that prevent people from being able to live their lives to the fullest potential and cannot wait to join in on and be a part of the solution for so many families through The Arc chapters in Indiana and Maryland.”

“The number of calls we are getting from families about special education issues is exploding,” said Karly Sciortino-Poulter, Director of The Arc Advocacy Network at The Arc of Indiana. “Some of the ways that schools are treating students with disabilities would blow your mind. Thanks to this partnership with Lids Foundation, we can educate Indiana families on their rights and help ensure their children get an appropriate education.”

Lids Foundation has its roots in Indiana and Maryland, which is why this one-year, $50,000 grant is opening doors to families in those states. In Maryland, there are 109,443 students utilizing special education resources, which is 12.4% of the total Pre-K through 12th grade population. In Indiana, there are 175,866 students utilizing special education resources, which is 16.96% of the Pre-K through 12th grade population.

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About The Arc of the United States: 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 nearly 600 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. Visit www.thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Lids & Lids Foundation: Lids Sports Group is the largest licensed sports retailer in North America, selling fan and fashion-oriented headwear and apparel across the North America, Europe and Australia through over 1,500 retail locations. The Lids Foundation provides support directly to local communities and to the charitable organizations that serve them to enable community members of all ages to live more active, healthy, and productive lives. Visit www.lids.com or www.lidsfoundation.org to learn more.

Media Contact: Jackie Dilworth, dilworth@thearcwebdev.wpengine.com

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Schools Are Restraining and Secluding Students With Disabilities. New Bill Would Limit Practices.

/in /by The Arc

Students with disabilities disproportionately experience restraint and seclusion, practices that are not evidence-based and cause lasting trauma.

Washington, DC, May 18, 2023 – Restraint and seclusion are traumatic, outdated, and ineffective discipline practices that are commonplace in schools throughout the country. Even though they have caused thousands of injuries and deaths, there are no federal laws to protect children from the abusive use of these tactics. Today, Senator Chris Murphy and Representative Don Beyer reintroduced the Keeping All Students Safe Act (KASSA) for the 14th Congress in a row. KASSA would eliminate the use of seclusion and prohibit the practice of restraint in most cases and give parents a private right of action against school districts that misuse these practices. Restraint and seclusion are disproportionately used against students with disabilities, particularly Black students, and have long-lasting consequences on their achievement and health. We urge Congress to once and for all pass minimum federal safety standards for these practices.

“Protecting students with disabilities from physical harm and abuse shouldn’t be a debate, but it’s something we’ve been fighting for over a decade,” shared Robyn Linscott, Director of Education and Family Policy at The Arc of the United States. “Instead of evidence-based de-escalation practices, untrained school personnel are subjecting students with disabilities to terrifying violations of their human rights and their lives. Thousands of times a day, students are being locked in closets and bathrooms, pinned to the ground, restrained with mechanical devices for hours, and worse. These practices are life-threatening and they’re denying students with disabilities a full and safe inclusion in our education system. Now is the time for elected officials to show their constituents that their safety in school matters.”

Restraint is intended to be used as a last resort in emergencies when there is a threat of imminent physical harm. Too often, it is used for minor behavioral issues, not complying with instructions, or even to punish manifestations of a child’s disability. Over 101,990 students, the majority of which are students with disabilities, are subjected to restraint and seclusion every year, a number that experts agree is drastically underreported. Students with disabilities represent 13% of the student population, but account for roughly 80% of those subjected to restraint and 77% subjected to seclusion. Some students are repeatedly restrained and secluded despite the fact that there is no evidence these tactics are effective in reducing the occurrence of the behaviors being punished. A patchwork of state policies and a lack of federal oversight and accountability allow these practices to continue freely.

To make matters worse, many parents are not notified at all or in a timely manner after their child is subjected to restraint or seclusion. In some cases, parents have gone weeks or years without knowing these disciplinary tactics were used against their child. This is particularly challenging for parents of children with intellectual and developmental disabilities, many of whom are not able to communicate what happened to them. KASSA would ensure parents are notified of an incident of restraint within 24 hours.

Since 2009, the Keeping All Students Safe Act (KASSA) has been introduced every Congress, but it has not garnered the support it needs to pass. Restraint and seclusion are serious civil rights issues affecting students with disabilities proportionately. KASSA would create federal standards around the use of these practices, empower families when their rights are violated, and offer a variety of supports and contingency plans to help teachers and school personnel effectively respond to medical and behavioral needs.

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About The Arc of the United States: 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. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 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. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. Visit thearcwebdev.wpengine.com or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

Media Contact: Jackie Dilworth, dilworth@thearcwebdev.wpengine.com

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Voting and Civil Rights Groups Challenge Inequity in Access to Voting Under Georgia Law

/in /by The Arc

Organizations Seek Emergency Relief to Ensure the Rights of Georgia Voters With Disabilities Are Protected in Time for the 2024 Elections

Washington, DC – Voting and civil rights groups filed an emergency preliminary injunction motion seeking to lift restrictions in Georgia’s anti-voter law, S.B. 202, that target voters with disabilities. These S.B 202 provisions violate the Americans with Disabilities Act and Rehabilitation Act by unjustly burdening—and in some cases completely disenfranchising—Georgians with disabilities and denying them a full and equal opportunity to access and participate in the state’s elections. If granted, the preliminary injunction would help voters with disabilities have equal access to absentee voting in Georgia in the upcoming 2024 elections and allow counties to again provide drop boxes in locations that are accessible.

The American Civil Liberties Union, the American Civil Liberties Union of Georgia, the Legal Defense and Fund (LDF), Southern Poverty Law Center, The Arc of the United States, WilmerHale, and Davis Wright Tremaine LLP represent Georgians with disabilities seeking full political participation and equal access to voting in the state.

The preliminary injunction filed in the federal district court for the Northern district of Georgia in Atlanta asks the court to block two provisions of S.B. 202:

  1. A provision that makes it a felony for friends, neighbors, and even some institutional staff (among others) to help a person with a disability return their absentee ballot.
  2. A provision that requires counties to move ballot drop boxes from easily accessible outdoor locations to indoor locations that are more difficult for many people with disabilities to reach and limits the hours they can be used.

Zan Thornton, co-chair of Georgia ADAPT: “It’s essential that we stop S.B. 202 from infringing on our rights. We need this injunction to preserve our right to vote as disabled citizens of Georgia. In 2022, ADAPT got an avalanche of requests for rides from disabled people across Georgia who couldn’t cast their absentee ballots easily and needed to travel to the polls instead. That dramatic rise in barriers facing disabled voters of Georgia underscores the need for an injunction before 2024.”

Shannon Mattox, state director for The Arc Georgia: “S.B. 202 erects barriers that make it harder for Georgians with disabilities, especially people of African descent, to vote, which is a violation of their civil rights. People with disabilities in Georgia are entitled to equal access in voting and have the right to vote on issues that matter to them. We’ll continue to do everything in our power to ensure the rights of Georgians with disabilities are protected and enforced.”

Devon Orland, litigation director for the Georgia Advocacy Office: “Voting is a fundamental right. These laws were changed without thought for people who experience disabilities and the challenges they face accessing transportation, technology and care. Choosing to make access to a fundamental right harder is not only illegal, it is the antithesis of the foundational pillars of democracy.”

Brian Dimmick, senior staff attorney with the ACLU’s Disability Rights Program: “There are hundreds of thousands of voters with disabilities in Georgia, and many of them face challenges in voting in person and so rely on absentee voting. Instead of making absentee voting easier and more accessible, SB 202 puts new barriers in the way of voters with disabilities trying to exercise their fundamental right. We need the court to protect voters with disabilities by restoring the more accessible voting rules that were in place before SB 202.”

Caitlin May, voting rights staff attorney with the ACLU of GA: “With the passage of SB 202, Georgia has added barriers to voting for people with disabilities rather than making it easier for them to cast their ballots. It is unconscionable that SB 202 drastically reduces options Georgians with disabilities rely on to make their voices heard in elections. Today we’re filing to block some of the policies making the vote inaccessible to many Georgia voters, and hope that we can move towards expanding that access in the future.”

Poy Winichakul, senior staff attorney for voting rights with Southern Poverty Law Center: “S.B. 202 has created barrier after barrier for Georgia voters, restricting nearly every method of voting available to them. These cruel barriers to voting, enacted by the state’s supermajority legislature, especially target people of color and people with disabilities and violate their fundamental rights. We will continue to challenge this anti-voter law until all Georgians have full and equitable access to voting.”

John Cusick, Assistant Counsel, LDF: “S.B. 202 criminalizes aspects of the voting process and otherwise ensures that it’s difficult, if not impossible, for voters with disabilities, who include Black people, from accessing the ballot box. We are grateful that hard-won statutes enforcing civil rights like the Americans with Disabilities Act and Rehabilitation Act exist.”

By mandating that counties place drop boxes inside buildings and close them after business hours, Georgia makes voting an onerous ordeal for some voters with disabilities and completely impossible for others. A preliminary injunction is necessary to ensure voters with disabilities are not denied equal access to absentee voting in Georgia in the upcoming 2024 elections. Here, the Court should require Georgia to stop enforcing the confusing, chilling felony provisions and allow counties to provide accessible drop boxes.

The motion was filed as part of ongoing litigation in AME Church v. Kemp, which challenges S.B. 202 for illegally creating barriers to voting that diminish the voices of communities of color, women, and people with disabilities. Plaintiffs are the Sixth District of the American Methodist Episcopal Church, Delta Sigma Theta Sorority, Georgia ADAPT, and the Georgia Advocacy Office, represented by the ACLU of Georgia, ACLU, LDF, and Wilmer Hale, as well as the Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund of Georgia, and The Arc Georgia, represented by SPLC, The Arc of the United States, and DWT.

CONTACTS:
Jackie Dilworth, The Arc, 240-593-5529, dilworth@thearcwebdev.wpengine.com
Rotimi Adeoye, ACLU, 267-221-0828, radeoye@aclu.org
Evan Nowell, SPLC, 470-656-9395, evan.nowell@splcenter.org
Ella Wiley, LDF, 925-819-0555, ewiley@naacpldf.org