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Disability Rights

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== [[File:fist.png | left | 50px | How You Can Resist | link= ]] How You Can Resist ==
 *'''Call your member of Congress''' by dialing tel:844-6-RESIST and tell them to what you think about their vote against on the "American Healthcare Health Care Act." Find out what how your member of Congress has said about the House repeal plan voted [https://projectswww.propublicanytimes.orgcom/interactive/2017/05/04/representus/statementspolitics/affordablehouse-vote-republican-health-care-act-repealbill.html?utm_campaign_r=sprout&utm_medium=social&utm_source=twitter&utm_content=1488845820 0 here].*'''Find out when''' your Senators and U.S. Representative are holding '''[https://townhallproject.com/ town hall meetings]''' and other [[Upcoming Events/Opportunities]]. Show up and tell them to vote against the "American Healthcare Health Care Act."*Click [[Organizations_Working_for_Justice_and_Equity#Health_Care|here]] and [[https://www.resistancemanual.org/People_and_Organizations Organizations_Working_for_Justice_and_Equity#Health_Care_2|here]] to find an organization looking organizations to get involved with, and [[Organizations_Working_for_Justice_and_Equity#Health_Care_3|here]] for more information and opportunities for volunteersonline activism.
== [[File:activelegislation.png | left | 50px | Actions Taken by the Federal Government | link= ]] Laws Proposed by Congress==
== Americans with Disabilities Act ==
[http://www.ada.gov The ADA ] (Americans with Disabilities Act of 1990)] is a federal civil rights law that is designed to keep disabled people from being discriminated against in jobs, business, and public programs, including education.[https://www.ada.gov/ada_intro.htm] Complaints about violations of the ADA are handled by the US Department of Justice's Civil Rights Division.[https://www.ada.gov/filing_complaint.htm] ===Trump/GOP agendaAgenda===*Trump has proposed cutting funds for civil rights enforcement, which includes the ADA.[http://thehill.com/blogs/pundits-blog/the-administration/315318-trump-has-the-blueprints-to-build-a-better-on-budget] This '''could allow employers to discriminate against people with disabilities''' in the workplace, in [[Educational Justice|schools]], and in [[Housing / Infrastructure|housing]]. It could also deny people with disabilities reasonable accommodations.[http://www.huffingtonpost.com/entry/disability-rights-donald-trump_us_582487fae4b0e80b02cefa2f]
==Employment for People with Disabilities==
[[#Americans with Disabilities Act|The ADA]] forbids discrimination in [[Consumer Protections / Workers' Rights|employment]], but people with disabilities are much less likely than those without disabilities to have jobs (17.5% compared with 65% in 2015) .[https://www.bls.gov/news.release/disabl.nr0.htm]. Among people available for and looking for work, the unemployment rate of disabled people is more than twice that of non-disabled people (10.7% vs. 5.1%).[https://www.bls.gov/news.release/disabl.nr0.htm]
The Fair Labor Standards Act '''allows employers to pay workers with disabilities less than federal minimum wage'''. [https://www.dol.gov/whd/specialemployment/index.htm]
===Trump/GOP agendaAgenda===*Trump's proposed budget would expand have expanded apprenticeship programs and training for disabled workers, but would have cut funding for the Department of Labor by 21% overall. [https://www.nytimes.com/interactive/2017/03/15/us/politics/trump-budget-proposal.html]. *This would have cut funding for several job training programs, including those that help seniors, disadvantaged youth, and unemployed people. It would also have cut training grants for OSHA, the Occupational Safety & and Health Administration. [https://www.washingtonpost.com/graphics/politics/trump-presidential-budget-2018-proposal/?utm_term=.739f0cd75f9d]
==Disability Assistance (SSI/SSDI)==
The Social Security Administration (SSA) runs two federal disability benefit programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).[https://www.ssa.gov/redbook/eng/overview-disability.htm] SSI and SSDI are both programs for disabled people. SSI is "means-tested," which means a person must be low on both income and resources in order to qualify. SSDI, on the other hand, is available to anyone who has worked (or whose parents/spouse have worked) for a certain number of years and paid into the federal insurance fund known as FICA. There is no income requirement for SSDI.[https://www.ssa.gov/redbook/eng/overview-disability.htm] People on SSI receive medical coverage under Medicaid, which is funded by both the federal and state governments. People on SSDI are covered by Medicare, which is a part of the federal Social Security program.[https://www.ssa.gov/redbook/eng/overview-disability.htm]
===Congressional District Breakdowns===
*Click [https://www.ssa.gov/policy/docs/factsheets/cong_stats/2015ee/index.html Click here ] to see factsheets fact sheets on the number of SSI recipients in each congressional district].*Click [https://www.washingtonpost.com/graphics/national/disabled-america/?utm_term=.66b2e24dcb0d Click here ] to see an interactive tool for finding out how the disability rate has changed in your county].
===Demographics===
*Disability rates have risen in the US, especially in rural areas[https://www.washingtonpost.com/classic-apps/disabled-or-just-desperate-rural-americans-turn-to-disability-as-jobs-dry-up/2017/03/30/5d1fca94-0509-11e7-b9fa-ed727b644a0b_story.html?utm_term=.a1344d831c2a#comments], but this is almost entirely due to changes in the nation's population: there are more women in the workforce, baby boomers are becoming older and more disabled, and there are simply more people in the country.[https://talkpoverty.org/2017/03/31/washington-post-missed-disability/][https://www.ssa.gov/policy/docs/ssb/v73n4/v73n4p25.pdf]
==Environment==
The Environmental Protection Agency (EPA) says people with disabilities are one of the populations especially vulnerable to [[Climate / Environment|climate health risks]].[https://www.epa.gov/sites/production/files/2016-10/documents/disabilities-health-climate-change-large-fonts_0.pdf] People with disabilities often face barriers to getting health care services, public health information, and emergency information in a timely manner.[http://kff.org/disparities-policy/issue-brief/disparities-in-health-and-health-care-five-key-questions-and-answers/] Many also have high rates of social risk factors [https://aspe.hhs.gov/pdf-report/report-congress-social-risk-factors-and-performance-under-medicares-value-based-purchasing-programs], such as poverty and poor health, that can worsen the harm caused by pollution, dangerous weather events, and other environmental hazards.[https://www.cdc.gov/ncbddd/disabilityandhealth/emergencypreparedness.html] They may have less access to information about public health hazards, evacuations, and other emergency situations, as well as reduced ability to act in response [https://www.hrw.org/news/2016/05/19/leave-no-one-behind].
The EPA's [https://www.epa.gov/climate-impacts/communicating-vulnerabilities-climate-change-people-disabilities/ "Communicating Vulnerabilities to Climate Change: People with Disabilities."] explains key points from the U.S. Climate and Health Assessment on people more affected by climate change. [https://health2016.globalchange.gov/]
===Trump/GOP agendaAgenda===*Trump's proposed budget [https://www.washingtonpost.com/national/health-science/budget-reflects-trumps-vow-to-cut-epa-in-almost-every-form/2017/03/15/0611db20-09a5-11e7-a15f-a58d4a988474_story.html?utm_term=.dd70614f4860 guts the [[Climate / Environment|EPA]]], which would '''disproportionately affect people with disabilities''', both because of decreased air and water safety, and because climate change has an increased affect on vulnerable groups such as disabled people, children, older people, and people with medical conditions.[https://www.epa.gov/climate-impacts/climate-impacts-human-health]
== Health Care ==
'''10 million Americans with disabilities are currently covered by [[Trumpcare / Obamacare|Medicaid]].''' [http://www.huffingtonpost.com/entry/disability-rights-donald-trump_us_582487fae4b0e80b02cefa2f] Medicaid is the largest health care payer for patients being treated for autism and other developmental disorders. [http://abcnews.go.com/Health/experts-trumpcare-places-autism-disability-coverage-jeopardy/story?id=45990210] The Community First Choice option is expected to end January 1, 2020. [http://www.ancor.org/newsroom/news/leaked-draft-aca-bill-repeals-medicaid-expansion-imposes-capita-caps] Established by the ACA, the CFC program allows states to provide home-based attendant services to the elderly, chronically ill, and people with disabilities. The states that currently now have an approved CFC program are [[California]], [[Maryland]], [[Montana]], [[Oregon]], and [[Texas]]. [https://www.medicaid.gov/medicaid/hcbs/authorities/1915-k/index.html] The Congressional Budget Office estimates that there will be a '''decrease of approximately $12 billion''' over the next ten years.[https://www.cbo.gov/sites/default/files/115th-congress-2017-2018/costestimate/americanhealthcareact.pdf]
==The Olmstead Decision (Community vs. Institutionalization)==
 
===About Olmstead===
[https://www.olmsteadrights.org/about-olmstead/ The Olmstead Decision] guarantees disabled people's civil right to live in their communities, rather than in institutions. This comes from one of the most important civil rights decisions in U.S. history, ''Olmstead v. LC''. In 1999, the Supreme Court held that unjustified segregation of people with disabilities violates the Americans with Disabilities Act (ADA). According to the [https://www.justice.gov/crt/ U.S. Department of Justice (DOJ) Civil Rights Division]:
===Trump/GOP Agenda===
The budget agreed on by that the House and the Senate passed on May 1, 2017, gives more money to the Administration for Community Living. This includes more programs paying for food for seniors.[https://appropriations.house.gov/uploadedfiles/05.01.17_fy_2017_omnibus_-_labor_health_and_human_services_and_education_-_summary.pdf]
==Education==
 
===IDEA===
The [http://idea.ed.gov Individuals with Disabilities Education Act ] (IDEA)] ensures that children with disabilities get the right [[Educational Justice|educational ]] and related services. Before its passage in 1975, only one in five children with disabilities went to a public school.[http://www.air.org/resource/essa-students-disabilities]
According to the [https://www.ed.gov/ U.S. Department of Education’s ] (DOE)] IDEA informational resource: “IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.” [http://idea.ed.gov/]
The DOE’s [https://www2.ed.gov/about/offices/list/osers/osep/osep-idea.html Office of Special Education and Rehabilitative Servivces] explains the law, its related regulations, and other policy guidance in detail.
Another DOE office, the Office of Special Education Programs (OSEP), develops research and other resources to help states, school districts, and families support students with disabilities. It handles projects both directly and through partners and grant recipients. [https://www.osepideasthatwork.org/]
Every child with a disability has a right to receive a free appropriate public education (FAPE) under the IDEA [http://www.air.org/resource/essa-students-disabilities]. The Supreme Court has found the definition of a FAPE to mean special education and related services that “(A) have been provided at public expenses, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary, or secondary school education in the State involved, and (D) are provided in conformity with the individualized education program (IEP)."
Appropriate IEPs are “reasonably calculated to enable the child to receive educational benefits.”[https://www.law.cornell.edu/supremecourt/text/458/176] In Endrew F. v. Douglas County School District, the court decided that IDEA requires a child’s IEP "must be appropriately ambitious in light of his (sic) circumstances," rejecting the "merely more than the bare minimum" (or de minimis) test applied by the Tenth Circuit, finding instead that schools are required to show that an “IEP is reasonably calculated to enable the child to make progress appropriate in light of his (sic) circumstances.” [https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf]
Disabled students are far more likely to be arrested for disruptive behavior in school, because schools can bypass IDEA laws if they call the police.[http://www.cnn.com/2017/04/22/opinions/autism-student-arrest-video-perry/index.html]
===ESSA===
The [https://www.ed.gov/essa?src=rn Every Student Succeeds Act (ESSA)] was passed in 2015 to reauthorize the [https://en.wikipedia.org/wiki/Elementary_and_Secondary_Education_Act Elementary and Secondary Education Act ] (ESEA)]. Although ESSA does not specifically address students with disabilities, it does require states to set performance standards that improve results for all students. States must create accountability plans for low-performing students, schools, and districts. [http://educationpolicy.air.org/blog/how-can-essa-help-students-disabilities] In this way, the law encourages states to account for the particular requirements and challenges of students with disabilities, and to develop educational strategies that meet their needs.
===Trump/GOP Agenda===
* [[Trump_Administration#Secretary_of_Education_Betsy_DeVos|Secretary of Education Betsy DeVos's]] [[Educational Justice|voucher plan]] would result in giving money to private/religiously affiliated schools.[http://www.nytimes.com/2016/12/13/opinion/betsy-devos-and-gods-plan-for-schools.html] Students with disabilities are not guaranteed the same protections when using a voucher in a private/religiously affiliated school as they are in a public school.[https://www.washingtonpost.com/local/education/for-indiana-special-education-students-choice-comes-at-a-cost/2016/12/26/3b875480-c3bc-11e6-9a51-cd56ea1c2bb7_story.html?utm_term=.b1b81c39057d]
*There are also serious '''concerns about whether a Trump administration would enforce the Individuals with Disabilities Education Act''', given that [[Trump_Administration#Attorney_General_Jeff_Sessions|Attorney General Jeff Sessions]] has called the inclusion of students with disabilities “the single most irritating problem for teachers throughout America today.”[https://theestablishment.co/how-jeff-sessions-could-threaten-the-disability-rights-movement-3555da49617a#.uviee1115]
*During DeVos's confirmation hearing, she stated that enforcement of the Individuals with Disabilities Education Act should be left to the states, seemingly unaware that this is a federal law.[https://www.washingtonpost.com/news/answer-sheet/wp/2017/01/18/six-astonishing-things-betsy-devos-said-and-refused-to-say-at-her-confirmation-hearing/?tid=sm_tw&utm_term=.0282de4a851f]
*The [https://www.washingtonpost.com/news/powerpost/wp/2017/05/01/whats-in-the-spending-agreement-we-read-it-so-you-dont-have-to/?utm_term=.e165cad28b7c spending deal] passed by the House and Senate on May 1st,
2017, [http://blogs.edweek.org/edweek/campaignc.ampaign-k-12/2017/05/budget_deal_2017_title_I_special_education_spending.html ] includes]:
**More money for special education
**More money for [http://blogs.edweek.org/edweek/campaign-k-12/2017/05/budget_deal_2017_title_I_special_education_spending.html TRIO], which serves disabled students, among others.**More money for civil rights enforcement.*[[Nebraska]]'s [http://nebraskalegislature.gov/FloorDocs/105/PDF/Intro/LB595.pdf LB 595] would let teachers use force against students who act out. The bill doesn't talk about training teachers to know when and how to use the force.[http://www.omaha.com/opinion/bradley-meurrens-and-michael-chittenden-school-restraint-bill-risky-unneeded/article_7bfd5096-8e0e-55bc-a8ab-4314ce0d9273.html] Disabled students have force used on them in schools much more often than non-disabled students.[https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201612-504-restraint-seclusion-ps.pdf].
==Mass Incarceration==
== [[File:target.png | left | 50px | Vulnerabilities in Their Strategy | link= ]] Vulnerabilities in Their Strategy ==
*Disability rights have often been considered an issue that both parties care about. This means some Republicans in Congress may not support some of these the Trump administration's proposals.[http://www.npr.org/2017/01/23/510823789/meet-the-republican-governors-who-dont-want-to-repeal-all-of-obamacare] [http://www.cnn.com/2017/01/23/politics/collins-cassidy-obamacare-repeal/index.html]
*31 states are currently enrolled in the Medicaid Expansion through the [[Obamacare / ACA|ACA]],[http://www.pbs.org/newshour/rundown/republican-states-look-to-tweak-medicaid-expansion/] and are less likely to be for a repeal plan.

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