1) What’s Happening in the Nation’s Capital?
MLK Monument Opens in D.C.
2) National News
DRW and NDRN Release Report on "Ashley Treatment"
Housing Discrimination Complaints Based On Disability Up
RTC: Rural Releases “Peer Support in Centers for Independent Living: What Do We Know”
3) State News
Washington Supreme Court Returns Favorable Opinion in School Discrimination Case
Nursing Home Residents with Disabilities Celebrate Proposed Agreement with Illinois in Landmark Lawsuit
4) Announcements and Additional Resources
Annie E. Casey Foundation Predicts Grim Outcomes for Children in Low-Income Families
Invitation to Social Security's Section 504 Public Forum: September 20, 2011
Digital Media and Learning Competition 4: Badges for Lifelong Learning
MLK Monument Opens in D.C.
On Sunday, August 28, the country celebrated the 48th Anniversary of the Civil Rights Movement’s March on Washington, D.C. and Dr. Martin Luther King Jr.’s historic I Have A Dream speech. Last week, the Washington, D.C.-based Martin Luther King Jr. National Memorial Project Foundation opened the Dr. Martin Luther King Jr. National Monument. This monument is the first to honor an African American Male and the only monument on the Mall that is not of a United States President.
The mission of the MLK Monument is to commemorate the life and work of Dr. Martin Luther King, Jr. by leading a collaborative funding, design, and construction process in the creation of a memorial to honor his national and international contributions to world peace through non-violent social change.
It took 27 years from a conversation at a kitchen table with a few of Dr. Martin Luther King Jr.’s fraternity brothers, members of Alpha Phi Alpha, to the completion of the Monument, which opened on Sunday. See the timeline of the project. The monument sits on 4 acres of land at the bottom of the Tidal Basin, surrounded in multiple natural elements of trees, water and stone. There is a 450 foot inscription wall with some of the many inspiring quotes from Dr. King. The sculpture of Dr. King is 30 feet tall and portrays him looking over the Tidal Basin to the Jefferson Memorial.
The dedication for the Memorial was canceled due to Hurricane Irene, but organizers are planning for a new date to commemorate the man and his accomplishments. Hundreds of thousands are expected to come from all over the world to honor this 1964 Nobel Peace Prize recipient. The entire monument is dedicated to the themes of peace, justice, hope and love, the core of Dr. King’s beliefs and teaching for a peaceful movement.
For more information on the memorial please visit: www.mlkmemorial.org.
DRW and NDRN Release Report on "Ashley Treatment"
Source: Disability Rights Galaxy, by David Carlson
In early 2007, the world learned about Ashley X, a young girl who was kept small and prevented from developing sexually through the use of high doses of hormones, and removal of her breast buds and uterus. Ashley’s parents and doctors publicized this set of procedures which became known as the Ashley Treatment. Ashley’s parents created a website which advocated for the use of the Ashley Treatment on all children with similar disabilities whom they referred to as “Pillow Angels.”
The Protection and Advocacy system for Washington State, Disability Rights Washington, conducted an investigation into the use of these procedures and released a report detailing the way in which the application of these procedures violated Ashley X’s rights. Disability Rights Washington also reached an agreement with the hospital that performed this set of procedures to improve understanding of disability issues and increase procedural safeguards to ensure adequate due process if similar procedures are contemplated in the future. In less than a year, the timeframes on those agreements will run out.
In the time since the Ashley treatment was made public, the conversation about the appropriateness of these procedures has continued. Despite the attention given to the issue by individuals with disabilities, philosophers, doctors, lawyers, parents of children with disabilities, and the general public the disagreement over the use of the Ashley Treatment persists. In a relatively recent bioethics journal article, an interdisciplinary workgroup published the product of their deliberation on the growth limiting portion of the Ashley Treatment. The authors of that article propose a compromise that “growth attenuation can be an ethically acceptable decision because the benefits and risks are similar to those associated with other decisions that parents make for their profoundly disabled children and about which reasonable people disagree” but acknowledge that “[t]he compromise left some of [them] dissatisfied, and even distressed, because it was a less-than-desirable position given our convictions.”
In light of the continued lack of consensus on the appropriateness of the Ashley Treatment, further sharing of information and additional scholarship is called for. The National Disability Rights Network and Disability Rights Washington are in the process of reviewing the information that has published in various medical, legal, and popular journals since the world learned of the Ashley Treatment. Over the next several months they will also be connecting with individuals with disabilities and various legal and medical experts to add to the current scholarship in the area by further examining the way in which the Ashley Treatment impacts the civil and human rights of children with disabilities. A conversation forum page on the Disability Rights Galaxy site has also been devoted to foster discussion of the Ashley Treatment and related procedures and issues.
Housing Discrimination Complaints Based On Disability Up
DisabilityScoop, by Michelle Diament
Nearly half of all housing discrimination complaints last year were based on disability, the federal government said in a report released this week. Of the 10,155 complaints of housing discrimination filed with local, state and federal agencies in 2010, 4,839 were allegations of disability discrimination.
Meanwhile, the next highest number of complaints were on the basis of race with 3,483 grievances filed, according to an annual report on the state of fair housing from the U.S. Department of Housing and Urban Development. There were less than half that many filings in each of the other six categories available.
The complaints were brought under the Fair Housing Act, which prohibits discrimination based on disability, race, color, sex, religion, national origin or familial status in most circumstances related to renting or purchasing a home.
While the overall number of housing discrimination complaints in 2010 dipped somewhat compared to the 10,242 complaints filed the previous year, disability grievances were up slightly from 4,458 in 2009.
“Our goal is to put an end to unlawful housing discrimination,” said John Trasviña, assistant secretary for fair housing and equal opportunity at the Housing Department. “We have made progress in reducing housing discrimination, but more work needs to be done.”
RTC: Rural Releases “Peer Support in Centers for Independent Living: What Do We Know”
Source: RTC:Rural
In response to the need for more mental health care options for people with disabilities, the Research and Training Center on Disability in Rural Communities (RTC:Rural) is developing and testing a peer training program for peers to increase their capacity to support people who experience mental health conditions secondary to their mobility and sensory impairments. We believe this is a tool that CILs, mental health organizations, and others can replicate to better meet the needs of many rural consumers. Because the professional literature contains little empirical work to guide intervention development, we conducted this survey study about CIL peer services and training. Specifically, the purpose of this study was to examine the degree to which CILs implement peer services and use a formal training program in their peer support programs.
… Our review suggests a need for more research in this area to better understand the role of peer support in CILs, the efficacy of peer support, and whether there is best practice(s) in providing peer support. Evidence for the efficacy of CIL peer support may lead to increased use by CILs and could become a “reimbursable service” provided for other agencies that serve persons with disabilities (i.e., vocational rehabilitation, workers’ compensation, mental health agencies, private insurance, etc.).
As researchers examine the effectiveness of services provided by CILs, the value and reputation of these services are likely to increase and may be adopted by others (e.g., aging services). As this occurs, it is imperative that the principles laid down by the pioneers of IL are not lost in this process—this is a consumer run movement. Read More.
Washington Supreme Court Returns Favorable Opinion in School Discrimination Case
Background: This case is about whether students with developmental disabilities alleging that a school district unlawfully discriminated against them were required to exhaust administrative remedies under the federal Individuals with Disabilities Education Act before filing a state civil rights lawsuit. This decision is a win against abuse, neglect, and discrimination in school settings.
Source: COPAA (Council of Parent Attorneys and Advocates)
On April 15, 2011 COPAA filed an amicus brief (PDF) in the Dowler v. Clover Park School District case. In its brief COPAA made the following arguments: (1) abusive, neglectful and discriminatory acts do not become educationally related merely because they are imposed upon students who are eligible to receive special education services under state and federal law, (2) abuse, neglect and discrimination do not require exhaustion of IDEA processes as they are never related to the delivery of FAPE and are a complete departure from IDEA’s accepted professional standards, (3) abuse, neglect, and discrimination are never educationally related under the IDEA because such egregious actions hinder a child’s ability to receive FAPE and have no pedagogical purpose.
In sum, the court held that state law tort claims are not subject to the IDEA’s exhaustion requirement (PDF) based on the plain language of the statute, as well as the intent of the statute as to what is or is able to be remedied by the IDEA. On that score, the court stated that “[n]othing in this opinion prevents Appellants from requesting an IDEA due-process hearing to address those matters that are appropriate for an IDEA hearing officer to review while simultaneously seeking relief in court for their claims of tort and unlawful discrimination. An IDEA hearing officer will be able to address how Appellants will be treated in the future with respect to such issues as classroom discipline and the facilitation of movement. Only the court, however, is able to remedy past actions that constitute torts or unlawful discrimination.” (Emphasis added). The court also mentions that there is no federal preemption of state law claims.
Accordingly, the court overturned the summary judgment opinion finding that there are material questions of fact to be tried by a jury as to whether the torts and discrimination were committed. The issue of attorneys fees/prevailing party status was therefore tabled.
Nursing Home Residents with Disabilities Celebrate Proposed Agreement with Illinois in Landmark Lawsuit
Source: Access Living
A groundbreaking proposed agreement announced today in Colbert v. Quinn, if approved by the court, will end the forced, long-standing and unnecessary segregation of people with physical disabilities or mental illness in nursing homes – affording them a real opportunity to live in their own homes and to participate fully in the community. If the Court approves this agreement, Medicaid-eligible nursing home residents in Cook County will, for the first time, have a meaningful choice about where they wish to live.
In Cook County, thousands of people with physical disabilities and mental illness are warehoused in nursing homes because they cannot afford to live in the community and because they cannot get the services they need in the community. Under this agreement, filed today in federal court in Chicago, the State will now provide housing assistance to address the biggest obstacle to Medicaid-eligible people with disabilities living in the community. “This is a momentous day for nursing home residents with disabilities,” said Steve Libowsky of SNR Denton, the lead attorney for the class. “Because of the way services in Illinois are funded, thousands of people with disabilities are forced to live in nursing homes rather than houses or apartments of their choosing. If the Court approves this agreement, Illinois will afford people with disabilities a real opportunity to live and participate in their communities and will no longer make a nursing home the only housing option.”
Today’s agreement is the latest development in the case Colbert v. Quinn, originally filed in August 2007 on behalf of a class of nursing home residents with disabilities in Cook County. According to the Americans with Disabilities Act and the 1999 U.S. Supreme Court Olmstead decision, nursing home residents have the right to receive long-term care services in the most integrated setting appropriate to their needs. The vast majority of people with disabilities who are receiving Medicaid have no meaningful alternative to living in a nursing home. “By providing housing assistance, Illinois is addressing the single greatest obstacle to Medicaid-eligible nursing home residents being able to return to the community,” said Steve Gold of the Law Offices of Stephen F. Gold, co-counsel for the class. Read More.
Annie E. Casey Foundation Predicts Grim Outcomes for Children in Low-Income Families
On August 17, 2011 the Annie E. Casey Foundation announced the release of its annual KIDS COUNT Data Book, and the outcomes for the well being of children in this country are grim. “The research and data tell us that children who group up in low-income families are less likely to successfully navigate life’s challenges and achieve future success,” Patrick T. McCarthy, president and CEO of the Casey Foundation. The data states that “over the last decade there has been a significant decline in the economic well-being for low income children and families.” The recession has had an even larger impact on the increase number of children entering poverty. “Recession increases number of children living in low-income families by 7% to 31 Million. 7.8 Million Children lived with at least one unemployed parent in 2010.”
The Data book is created to not only analyze and summarize the outcomes, but it also offers recommendations to organizations, government and families for improving the state of affairs. “There is a great deal of knowledge about how to help struggling families get back on track and increase their children’s chances for success while building a vibrant economy,” said McCarthy. The data is collected from 10 key measures and multiple indicators of child well-being by state, county, city and congressional district. For 2011 there is a KIDS COUNT Data Center that is user-friendly and accessible at: http://mobile.kidscount.org
Invitation to Social Security's Section 504 Public Forum: September 20, 2011
The Social Security Administration will host its second Public Forum concerning Section 504 of the Rehabilitation Act of 1973 on September 20, 2011, from 9:30 a.m. to 4:00 p.m. EDT. The forum will take place at the Office of Disability Adjudication and Review located at One Skyline Tower, 5107 Leesburg Pike, Falls Church, VA 22041.
This forum is part of Social Security’s self-evaluation of our current policies and practices that support Section 504. Under this legislation, federal agencies are required to provide meaningful access to their programs, activities, and facilities for qualified persons with disabilities. See additional information about Section 504.
The forum will provide an opportunity for people to comment on Social Security’s compliance with Section 504. We are particularly interested in comments from persons with disabilities, their family members, and those who work with, or advocate for, persons with disabilities. You will have an opportunity to provide comments in person, by telephone or by telephone relay service.
On September 20, we will accept comments related to Information Technology (IT) and Communications. Register online.
The forum will be streamed live on the internet during the event. Thereafter, a recording of the forum will be available for public viewing. Through this link, you will also find information about parking, directions, and transportation.
Digital Media and Learning Competition 4: Badges for Lifelong Learning
Today learning happens anytime, anyplace, at any age. How can 21st century learners demonstrate their knowledge and skills? Digital badges can inspire learning, unlock jobs, educational and civic opportunities and open new pipelines for talent.
The John D. and Catherine T. MacArthur Foundation, in collaboration with Mozilla and HASTAC, invite you to an event on September 15th at the Hirshhorn Museum in Washington, DC and online to explore the potential of Badges for Lifelong Learning. Badges are a new assessment tool that will help identify skills mastered in formal and informal settings, virtually and in physical spaces, and in schools, workplaces and communities.
The event will feature the announcement of the 4th Digital Media and Learning competition which will provide up to $2 million in grants for innovations in the use of Badges for Learning.
Featured speakers include:
- The Honorable Arne Duncan, Secretary, U.S. Department of Education
- Charles F. Bolden, Jr., Administrator, NASA
- Emily Stover DeRocco, President, The Manufacturing Institute and the National Center for the American Workforce
- Mark Surman, Executive Director, Mozilla Foundation
Register online to attend in person. Learn more about the Digital Media & Learning Competition at DMLcompetition.net. Watch the live video stream from the Hirshhorn Museum in Washington, DC from 9:00am to 10:30am EDT on September 15th.
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August 31, 2011