JFActivist

NCD Urges Elimination of Electric Shock and Other Aversive Punishments

via The National Council on Disability (7.18.11): 

NCD Urges Elimination of Electric Shock and Other Aversive Punishments

The National Council on Disability (NCD), an independent federal agency that advises the President, Congress, and other federal officials and entities on policies and programs affecting Americans with disabilities, submitted comments today supporting amendments to regulations proposed by the Massachusetts Department of Developmental Services to restrict electric shock and other aversive punishments for students with disabilities.

Under the amendments, 'treatments' causing physical pain – such as "spanking, slapping, hitting or contingent skin shock" would no longer be permitted. There are two public hearings scheduled on the proposals, a July 20 hearing at the Worcester Public Main Library and a July 22 hearing at the John McCormack Building in Boston. Written comments are due Aug. 1.

>>>For the Press Release

DOJ Intervenes in Texas Case to Enforce Olmstead

via The Department of Justice (6.22.11): 

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs...

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act...

>>>For the Full Press Release

 

 

TASH to Host Briefing on National Efforts to Restrict the Use of Restraint and Seclusion Practices

Via TASH (6.13.11):

TASH to Hold Congressional Briefing on National Efforts to Restrict the Use of Restraint & Seclusion Practices in Schools June 28

How you can help: 

1. Please attend if you are in the Washington, D.C., area. RSVP to Dara Baldwin at dbaldwin@tash.org 

2. Spread the word by downloading the congressional briefing flyer and sharing this important announcement with friends, family, colleagues and members of the media 

Tuesday, June 28, 2011
12-1:30 p.m. ET
B-338 Rayburn House Office Building
Washington, D.C.  

TASH welcomes all congressional leaders, legislative staff, advocates, educators and families to participate in this important briefing on national efforts to restrict the use of restraint, seclusion and aversive interventions in school settings. This critically important educational briefing will be held on Tuesday, June 28, from 12-1:30 p.m. ET in Room B-338 Rayburn House Office Building. 

Children are injured and traumatized by restraint, seclusion and aversive interventions every day in schools across the United States. In January 2009, the National Disability Rights Network issued a report detailing the harmful use of these interventions in more than two-thirds of states, involving public and private school children as young as three years old. 

To learn more about the dangers of seclusion and restraint in schools, successful strategies for helping schools transition into safe schools that no longer use seclusion and restraint practices, and understand the merits of current public policy efforts to reduce the use of these dangerous practices, please join us for the upcoming congressional briefing on June 28. Since lunch will be provided, the courtesy of an RSVP is requested (please email Dara Baldwin at dbaldwin@tash.org). 

Speakers include  

Barb Trader, Executive Director, TASH
Joan Gillece, Project Manager, National Association of State Mental Health Program DirectorsMichael Remus, Director of Student Support Services, Deer Valley Unified School District
Linda Bambara, Professor, Lehigh University College of Education
Janice LeBel, Director of Program Management, Massachusetts Department of Mental Health Child & Adolescent Division
Phyllis Musumeci, Founder, Families Against Restraint and Seclusion 

Co-Hosts of the Briefing include the National Association of State Mental Health Program Directors, National Down Syndrome Society, National Autism Association, and Families Against Restraint and Seclusion 

>>>For More Information on the Briefing...

>>>To Download a Flyer...

Do You Support Services in Truly Integrated Settings? Take Action Today!

Via Luda Demikhovskaya (6.13.11):
 

Push New Medicaid Rules Supporting Services in Truly Integrated Settings by:  

TODAY, Tuesday at 5pm!

 

TAKE ACTION HERE!

 

Support Proposed Regulations for Medicaid Home- and Community-Based Waivers!

June 13, 2011 -- The Bazelon Center for Mental Health Law urges you to support rules proposed by the Centers for Medicare and Medicaid Services (CMS) that would help ensure scarce waiver dollars are used to support services in truly integrated settings -- not settings that are institutional in nature!

Use the Bazelon Center's comments as a model, or tell CMS that you agree with our comments. Also, consider telling CMS to include the "qualities of an institution" list in the regulation -- not in the background; and that there is no reason to have separate rules for assisted-living facilities.

Submit Comments by Tuesday, June 14, 5 PM EST electronically via http://www.regulations.gov.

Follow the instructions under the "More Search Options" tab.

Include reference code CMS-22296-P.

You can find the Notice of Proposed Rulemaking here.

The Proposed Rules:

• Permit states to serve individuals with different types of disabilities in one waiver.
• Define "home and community-based."
• Include requirements for person-centered planning.
• Indicate that waiver services must not be provided in "a building that is also a publicly or privately operated facility that provides inpatient institutional treatment or custodial care; in a building on the grounds of, or immediately adjacent to, a public institution; or a housing complex designed expressly around an individual's diagnosis or disability, as determined by the Secretary." 
• And, among other things, indicate that waiver services must not be provided in a setting that "has qualities of an institutional setting." CMS notes that such qualities may include regimented meal and sleep times, limitations on visitors, lack of privacy and other attributes that limit individuals' ability to engage freely in the community.

Abuse in Residential Care Facilities: How Long Will It Continue?

via Time Magazine (6.7.11): 

Why So Much Abuse Is Allowed to Continue in Residential Care

by Maia Szalavitz

The stories are beyond horrifying: an autistic boy crushed to death by a "restraint" gone awry; a disabled woman's diaper pulled aside as she is raped; an elderly woman left to lie on a urine-soaked box spring for six days after being beaten.

In two of the nation's largest states, major media investigations this spring revealed hellish conditions in institutions for the disabled: The New York Times exposed ongoing violations, including physical and psychological abuse, in state-run homes for the developmentally disabled, while the Miami Herald uncovered similar tales of maltreatment and neglect in assisted-living homes for the elderly...

>>>For the Full Article...

How do you feel that institutional living settings increase PWD's vulnerability? How can these abuses of power be prevented? Please share your thoughts in comments below.

Special Education Being Impacted by Poor Economy, CEC Calls on Congress to Protect Funding

via The Council for Exceptional Children (6.6.11): 

CEC Calls On Congress to Preserve Special Education Funding; Survey Finds Special Education Impacted by Poor Economy

A survey conducted by the Council for Exceptional Children (CEC) – the largest international organization of professionals who work on behalf of children and youth with disabilities and gifts and talents – in collaboration with the Council of Administrators of Special Education (CASE), a division of CEC, reveals the poor economy is negatively impacting special education.

92% of respondents state there is – or is anticipated in the near future – an increased strain on the availability of services for students with disabilities, meaning that the poor economy is making it increasingly difficult to provide services and supports to students with disabilities...

 These survey results demonstrate that school districts across the nation are struggling to meet the needs of students with disabilities while confronting very difficult economic times…

CEC has been effectively advocating for maintaining and increasing funding for special education:

…In February, CEC and its members fended off efforts by the House of Representatives to cut IDEA Part B by over $500 million. Unfortunately, this funding was restored to IDEA by taking funding from two other important education programs: school improvement and professional development grants. CEC opposes any effort to take from one education program to fund another…

Join CEC in preserving special education funding by visiting CEC’s Legislative Action Center!

>>>To Read CEC’s Full Report…

 

How is the poor economy's impact on special education being felt in your area? Share your thoughts in comments below. 

A System in Disarray: Mistreatment and Mismanagement at NY Institutions for People with Developmental Disabilities

via the NY Times (6.5.11):
  

A Disabled Boy’s Death, and a System in Disarray

by Danny Hakim

...On a February afternoon in 2007, Jonathan, a skinny, autistic 13-year-old, was asphyxiated, slowly crushed to death in the back seat of a van by a state employee who had worked nearly 200 hours without a day off over 15 days. The employee, a ninth-grade dropout with a criminal conviction for selling marijuana, had been on duty during at least one previous episode of alleged abuse involving Jonathan...

In the front seat of the van, the driver, another state worker at Oswald D. Heck Developmental Center, watched through the rear-view mirror but said little. He had been fired from four different private providers of services to the developmentally disabled before the state hired him to care for the same vulnerable population.

O. D. Heck is one of nine large institutions in New York that house the developmentally disabled, those with cerebral palsy, autism, Down syndrome and other conditions.

These institutions spend two and a half times as much money, per resident, as the thousands of smaller group homes that care for far more of the 135,000 developmentally disabled New Yorkers receiving services.

But the institutions are hardly a model: Those who run them have tolerated physical and psychological abuse, knowingly hired unqualified workers, ignored complaints by whistle-blowers and failed to credibly investigate cases of abuse and neglect, according to a review by The New York Times of thousands of state records and court documents, along with interviews of current and former employees...

>>>For the Full Article...

 

How can recorded accounts of these institutions' mistreatment of residents and irresponsible management of funding be used to advocate for quality living situations for people with developmental disabilities? Please share your thoughts in comments below. 

National Ranking of Disability Services Released: Where Does Your State Stand?

via DisabilityScoop.com (4.28.11):
  

Vermont Tops National Ranking Of Disability Services

Vermont offers the best Medicaid services for individuals with intellectual and developmental disabilities while Mississippi provides the worst, according to an annual ranking released Thursday.

The 50-state analysis from United Cerebral Palsy compares services offered across the country, giving preference to states where more individuals are served in the community as opposed to institutions.

Vermont, Arizona, Michigan, New Hampshire and California fare best in the ranking. Meanwhile, the District of Columbia, Illinois, Texas, Arkansas and Mississippi round out the bottom of the list. (Find out where your state stands >>)...

>>>For the Full Article

How do you feel this study relates to your personal experiences in your own state? Please share your thoughts in comments below.

White House Monthly Disability Briefing

via AAPD (5.26.11):  

White House Monthly Disability Briefing

U.S. Departments of Transportation, Education and Labor Report Progress in Disability Rights Advocacy

By Jenifer Simpson, Government Affairs, AAPD

On Thursday May 27, 2011 AAPD participated again in the monthly disability outreach call that is hosted by Kareem Dale, Special Assistant to the President for Disability Policy. This briefing focused on recent efforts and some updates by the U.S. Departments of Transportation (DOT), Education (DOE) and Labor (DOL) on steps they are taking to implement and enforce non-discrimination of people with disabilities.

Transportation

The U.S. Secretary of Transportation, Ray LaHood, provided an update of his department’s various efforts to ensure accessible transportation, stating that accessibility is “One of our highest priorities at DOT,” and noted the importance of accessible transportation to employment, shopping and other activities. He also stated that “All people have physical limitations and all can expect disabilities as they get older.”

Travel: He said DOT will be celebrating the 25th Anniversary of the Air Carriers Access Act (ACAA) in the fall with an event. He mentioned the ADA regulations issued in 2010 that ensure that boats and ships don't discriminate, that is, vessel operators cannot charge extra for accessibility related services, cannot require someone to have an attendant and must have knowledgeable people available with information about accessibility and to resolve concerns of people with disabilities. He also said DOT was working with the U.S. Access Board on several rulemakings for construction guidelines for passenger vessels and on accessible public rights of way, such as streets, sidewalks and intersections.  He said that they were also working to finalize regulations on new and altered rail stations so people with disabilities can have access.

Airplanes and Airports: LaHood said DOT would issue Notices of Proposed Rulemaking (NPRMs) soon. One will focus on airport and airline accessibility such as check-in areas, kiosks, airline websites, accessibility of in-flight entertainment, toilets on single-aisle planes, and service animals for psychiatric support.  Another NPRM will focus on airport services such as service animal relief areas, captioning of waiting area TVs, and lifts used for getting on planes.

Enforcement: LaHood reported on DOT efforts to conduct better ACAA enforcement noting settlements with air carriers last year and civil penalties ranging from$125,000 to over $2 million, the largest ever assessed by DOT for a non safety-related violation.

Education

Russlynn Ali, the Assistant Secretary for Civil Rights at the U.S. Department of Education (DOE) then spoke about the Office of Civil Rights division (OCR) at DOE and made an announcement about accessible technology in education.

Enforcement: She said that OCR has twelve regional offices around the nation that enforce Section 504 of the Rehabilitation Act and Title II of the ADA. She said these offices field complaints from everyone and urged call listeners to contact these regional offices. She said that “Secretary Duncan wants to work proactively with schools, colleges and universities to ensure non-discrimination” and “to help with compliance on front end.”  She said they have conducted nineteen compliance reviews over past the past two years, leading to improving education opportunities for many students with disabilities.

Accessible Technology: In follow-up guidance that DOE sent in June 2010 to college and university presidents on accessible E-book readers and other technology, Assistant Secretary Ali has now sent a new guidance letter on technology for students with disabilities. This “Dear Colleague” letter was sent to elementary and secondary schools, institutions of higher education, school boards, school superintendents and others on May 26, 2011.  Ali said the new guidance “makes it clear that any emerging technologies, especially E-book readers, needed to be fully accessible” or other accommodations to disability “made in a timely way.” She said that the guidance includes an FAQ and other material and suggestions for teachers and others be as proactive and responsive as possible. Letters and Guidance are below.

Labor Department

Patricia Shiu, the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor then spoke. She said OFCCP “is totally committed to full employment of people with disabilities, to have access to good jobs and to retain those jobs.” She noted that her office is one thirty of federal agencies that enforces civil rights and is “on the front lines for those who seek work and who are at work.” She said that “OFCCP was born in civil rights era.”  She said that “those who contract and subcontract with the federal government must not discriminate in employment,” adding that “taxpayer dollars should never be used to discriminate.”

She said that one in four Americans works for a company with a federal contract, which is about 200,000 companies who receive over $700 million dollars annually. She said “enforcement actions should have positive ripple effect,” and her office has “a legal and moral responsibility to the public trust we hold.”  She added that “being a federal contractor is a privilege, not a right, and they must abide by the law.”

New Regulations: Shiu said they were in the process of reforming the current OFCCP regulations.  Last July 2010 they began the process with an Advance Notice of Proposed Rulemaking (ANPRM) on Section 503 non-discrimination requirements in the Rehabilitation Act of 1973.  With receipt of comments from the ANPRM they have drafted a Proposed Rule on affirmative action and non-discrimination obligations of federal contractors and their subcontractors, sent to OMB on May 24, 2011, and which is under interagency review before it will be released for further public comments.

Ms. Shiu spoke about herself briefly, saying she had been a civil rights attorney for over 26 years, representing immigrants, people for whom English is a second language, garment workers, African American factory workers and people with disabilities. She said that “work is not about a paycheck but also about respect and self worth and financial security.” She added that “Workers want to be valued and want to work.” She also reiterated the Administration’s commitment to hire 100,000 people with disabilities over the next five years and that DOL is working on that.

Other Updates

Housing Lawsuit:  Following these federal department updates, Kareem Dale provided some updates such as on the recent filing of a suit by US DOJ against the owners, developers, designers and construction company for nine multi-family housing buildings in Louisiana, Mississippi and Tennessee. These complexes comprise over 2,000 apartments and the investigation is looking at accessibility of the apartments and access to the leasing offices among other issues.

Accessible Money: Kareem Dale then mentioned the recent release by the U.S. Bureau of Engraving of a free downloadable app called “Eye Note.” This can be used by blind people on I-phones to read the denomination of money. Dale noted how “Technology when accessible, gives access” and send he uses the app himself.

Presidential Citizen’s Medal: Dale said that the White House was still receiving nominations for the 2011 Presidential Citizens Medal, and that the close date was May 31 and encouraged listeners of the call to visit the website, see who has been nominated or to submit a nomination.

Further information from the briefing:--

DOJ Housing Discrimination Press Release, at http://www.justice.gov/opa/pr/2011/May/11-ag-646.html

Education Department materials:

To read the Dear Colleague Letter to elementary and secondary schools, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-ese.html.
To read the Dear Colleague Letter to institutions of higher education, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-pse.html.
The FAQ is available at http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.html.  To read the June 29, 2010 letter, see http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html .

Federal Contract Compliance: DOL-OFCCP, more information at http://www.dol.gov/ofccp/

Air Travel: DOT-ACAA, more information at http://airconsumer.ost.dot.gov/publications/disabled.htm

 Presidential Citizens Medal: To nominate someone, go to the website at http://www.whitehouse.gov/citizensmedal

 

How do you feel about the steps DOL, DOT, and DOE are taking to implement and enforce non-discrimination of people with disabilities? Please share your thoughts in comments below.

 

Action Alert -- Tell U.S. Congress "Don't Slash Medicaid!"

From AAPD (6.2.11):                                                             

                     

Action Alert

  Tell U.S. Congress: “Don't Slash Medicaid!”

Contact your Representatives and Senators to advocate against more proposals to slash funding for Medicaid.

It is critically important that Congress be made aware of our strong opposition to large cuts in the federal funding for Medicaid. These cuts are under serious consideration in on-going discussions in a current legislative package. The discussion involves linking an increase in the total amount of debt the federal government can incur with cuts in annual federal spending. The deadline for this legislative package is now set at August 3.  This is the date on which the federal government believes it will be unable to pay existing debt if the debt ceiling is not increased. Our voices must be heard before then!

Background: There is a consensus that a failure to increase the debt ceiling by August 3 would have catastrophic consequences for the United States and global economies. At the same time, it is believed that it will not be possible to pass legislation to raise the debt ceiling without accompanying legislation to reduce the annual federal budget deficit.

In discussions about reducing federal spending, Medicaid is a natural target. In fiscal 2011, Medicaid cost $275 billion, about 7.6% of all federal spending. The cost will increase significantly over the next decade due to an aging population and increases in medical costs. The pressure to cut Medicaid will intensify because it will be difficult to make substantial cuts in the other large entitlement programs, Social Security and Medicare, because they have larger constituencies than Medicaid.

Proposals:  There are a number of pending concepts for reducing Medicaid, and it may not be clear until close to August 3 which proposals will be seriously considered. In these circumstances the best approach for supporters of Medicaid is to make every Member of Congress (and the Administration) aware of our strong opposition to any proposals which would make major cuts. Our opposition needs to be expressed early and often.

Ryan Plan: The most prominent proposal is the Ryan plan that passed the House in May. The Ryan plan would reduce Medicaid funding by about $772 billion (about 35%) over the next decade compared to a status quo program. It would be left to the states to limit their programs to deal with reduced federal support. They are likely to curtail the services they cover and limit eligibility. The Ryan plan is unlikely to be accepted by the Senate.

Other proposals: These are generally less specific than Ryan’s plan. Most would also lead to major cuts and consequential changes at the state level. These include proposals to limit all federal spending to a percentage of Gross Domestic Product (GDP), or to impose this type of limit on all health care programs, or all entitlement programs. It would be difficult to meet these limits without major cuts in Medicaid.

Suggested Disability Talking Points:

• Medicaid is critical for the health care of 8 million people with disabilities.
• Medicaid pays for wheelchairs and prosthetic devices for people with disabilities such as spinal chord injury, cerebral palsy and other disabilities.
• Medicaid pays for prescription drugs for persons with mental illnesses and epilepsy and other medical conditions.
• Medicaid pays for programs to enable people with intellectual disabilities to live and work in the community.
• Medicaid’s Early and Periodic Screening Diagnosis & Treatment program helps identify children’s disabilities early and gets them the care they need.

Pending proposals for “block grants” and “global spending caps” would undermine these important programs by reducing funding for Medicaid.  They would deny health and long term care to millions of vulnerable Americans.

The Ryan block grant plan would reduce funding over the next 10 years by $772 billion (35%) compared to continuation of the status quo. Global spending cap proposals would also lead to substantial reductions in Medicaid funding.

Reduced federal funding would compel the states -- that have serious financial problems of their own -- to sharply restrict enrollment, eligibility and benefits for the populations they now serve.  These changes could impact many of the current waivers that support community-based living for people with disabilities. The changes could have a disproportionate impact on people with disabilities who rely on Medicaid to enhance their ability to live and work in their communities and to avoid costly and unnecessary institutionalizations.

Ten Advocacy Steps

1. Write or e-mail your Representatives and Senators today.  
2. Call your two U.S. Senators and U.S. House Representative in their local state offices to set up a time to meet when they are home next. Under the current schedule:
   1. U.S. House Members are expected to be in their districts June 4-12, June 25-July 5, and July 16-24. Make an appointment today!
   2. To determine who is your U.S. Congressional Representative, please go to the official site at https://writerep.house.gov/writerep/welcome.shtml 
   3. To find out your U.S. Congressional Representative’s local address and phone numbers, go to http://www.house.gov/
   4. Senators are scheduled for a recess July 2-10. To find your U.S. Senator, go to http://www.senate.gov/general/contact_information/senators_cfm.cfm
   5. This list includes their Senate address and phone numbers. If you can only get a meeting with a staff person, do that too.
3. If you or someone you know with a disability benefits from Medicaid directly, be sure to mention that at the meeting.
4. Be sure to write a letter (send snail mail) using the Talking Points above; organize a “Save Medicaid for Us” Letter Writing event.
5. Go to Members’ websites and write them Emails or fill out the online form and let your opinion be heard. Organize an “Email to Save Medicaid” party.
6. If Members hold Town Meetings, show up, sit at the front and make the points above. If you have facts and figures about your state Medicaid program, be sure to mention that at the meeting. Tell ‘em what the cuts would really mean to you! Remember, personal stories stick in Members’ minds.
7. Be sure to state that you are a “registered voter” in any letter or at any Town Meeting.
8. If you are not a registered voter, go to your state election website at http://tinyurl.com/29x7g5a and register today!
9. If you see letters to the editor or op eds or TV news items decrying wasteful Medicaid spending, be sure to respond quickly using the Talking Points above.
10. Let AAPD know what you hear or learn in your meetings, via email to Policy@aapd.com  We can take your information – without your name -- with us when we meet any Congressional Members or Administration officials.