Difference between revisions of "Disability Rights"
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== Americans with Disabilities Act ==
== Americans with Disabilities Act ==
Revision as of 15:32, 16 July 2017
This is a shared public project. Please make edits or additions that you think are important for others to know. Contributions will be reviewed and approved based on quality and accuracy.
- 1 How You Can Resist
- 2 Laws Proposed by Congress
- 3 Recent Updates
- 4 Americans with Disabilities Act
- 5 Employment for Disabled People
- 6 Disability Assistance (SSI/SSDI)
- 7 Environment
- 8 Health Care
- 9 The Olmstead Decision (Community vs. Institutionalization)
- 10 Education
- 11 Mass Incarceration
- 12 Vulnerabilities in Their Strategy
How You Can Resist
- Call your member of Congress by dialing tel:844-6-RESIST and tell them what you think about their vote on the "American Health Care Act." Find out how your member of Congress voted here.
- Find out when your Senators and U.S. Representative are holding town hall meetings and other Upcoming Events/Opportunities.
- Click here and here to find organizations to get involved with. Click here for more information and opportunities for online activism.
Laws Proposed by Congress
Laws that Support Equity and Justice
- HR 1121 says that people cannot be kept off of a plan due to a pre-existing condition. Also says patients will not pay more based on their health-care status.
- HR 620 changes the Americans with Disabilities Act (ADA) to include a waiting period before the start of a lawsuit against a person or organization that refuses to obey the ADA.
See also the State and Local Pages for state-by-state law tracking.
- 7/17-7/21 is National Disability Voter Registration Week. The campaign advocates for the political power of people with disabilities while also engaging candidates and the media to recognize the disability community. This year, they are partnering with EveryLibrary to promote voter registration in libraries across the country. 
Americans with Disabilities Act
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. The US Department of Justice's Civil Rights Division handles complaints about violations of the ADA.
Employment for Disabled People
The ADA forbids discrimination in employment. Even so, people with disabilities are much less likely than those without disabilities to have jobs (17.5% compared with 65% in 2015). Of 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%).
More than 420,000 disabled workers are being paid below minimum wage under the 14(c) certificate program. Here is a map of places where this happens.
- The 2017 budget passed by the House and Senate included the following provisions:
Disability Assistance (SSI/SSDI)
The Social Security Administration runs two federal disability benefit programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 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, though, 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. 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.
Congressional District Breakdowns
- Click here to see fact sheets on the number of SSI recipients in each congressional district.
- Click here to see an interactive tool for finding out how the disability rate has changed in your county.
- Disability benefit rates have risen in the US, especially in rural areas, but this is mostly from changes in the nation's population:
- Growth in disability claims has slowed to its lowest rate in decades, and will continue to slow as Baby Boomers retire.
The Environmental Protection Agency (EPA) says people with disabilities are one of the groups most vulnerable to climate health risks. Disabled people often face barriers to getting health care services, public health information, and emergency information in a timely manner. Many also have high rates of risk factors like poverty and poor health. These risk factors can worsen the harm caused by pollution, dangerous weather events, and other environmental hazards. They may have less access to information about public health hazards, evacuations, and other emergency situations. They may also have less ability to act in response .
The EPA's "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.
- The 2017 budget approved by the House and Senate cut the EPA's budget by only 1%, which is much less than Trump's proposed budget. Cutting the EPA would have affected people with disabilities more than others. This is 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.
American Healthcare Act (AHCA)
- Older and poorer people would be hit the hardest by higher premiums and loss of services
- The savings would be because fewer things will be covered
- 14 to 23 million more people would be uninsured
- Older, low-income people's premiums would be much greater
- Cuts to Medicaid would hurt older and disabled people who count on Medicaid to pay their Medicare premiums
See the Healthcare section on Medicaid/Medicare for more information on threats to Medicaid funding.
Medicaid is the largest health care payer for autistic and developmentally disabled people.
- older people
- chronically ill people
- people with disabilities
The states that now have an approved CFC program are California, Maryland, Montana, Oregon, and Texas. The Congressional Budget Office estimates that there will be a decrease of approximately $12 billion over the next ten years.
The health care bill (AHCA) passed in the House would take $880 billion from Medicaid, which would harm programs and services that help people with disabilities. Medicare provides:
- in-home assistance
- physical therapy
- mobility devices
- technology and counselors in schools to help students with disabilities
Senate Republicans have proposed completely scrapping and re-writing their own approach to health care. Still, these senators do not have a track record of supporting programs like publicly funded health care .
The Olmstead Decision (Community vs. Institutionalization)
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 segregation of people with disabilities violates the ADA. According to the DOJ Civil Rights Division:
“The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.” 
The DOJ has actively enforced Olmstead in a variety of cases around the country.
One barrier to living in the community instead of in an institution is housing discrimination. According to the National Fair Housing Alliance, 55% of housing discrimination complaints in 2016 were about disability.
Access to Food
Another barrier to community living is food insecurity. Almost 1/3 of low-income disabled people are at risk of going hungry.
The 2017 budget gives more money to the Administration for Community Living. This includes more programs paying for food for seniors.
On June 1, the Department of Education launched a new Individuals with Disabilities Education Act (IDEA) website with increased search capabilities, resources, and documents.
The Individuals with Disabilities Education Act (IDEA) ensures that disabled children get the right educational and related services. Before it passed in 1975, only one in five disabled kids went to public school.
According to the U.S. Department of Education’s (DOE) IDEA informational resource: “The 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.” 
The DOE’s Office of Special Education and Rehabilitative Services explains the law, its related rules, 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.
Every disabled child has a right to receive a free appropriate public education (FAPE) under the IDEA. FAPE means special education and related services that:
- (A) are publicly provided and free of 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) meet the disabled student's individual needs
Appropriate IEPs are “reasonably calculated to enable the child to receive educational benefits.” 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.”
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.
The Every Student Succeeds Act (ESSA) was passed in 2015 to reauthorize the 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. 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.
- Secretary of Education Betsy DeVos's voucher plan would result in giving money to private/religiously affiliated schools . Public schools must accept all students, and because of money from the state, can provide special education services for students with disabilities. Many private schools cannot provide these services. Because private schools are exempt from the Americans with Disabilities Act, they can reject a student with disabilities. .
- There are also serious concerns about whether a Trump administration would enforce the Individuals with Disabilities Education Act, given that Attorney General Jeff Sessions has called the inclusion of students with disabilities “the single most irritating problem for teachers throughout America today.”
- 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.
- The spending deal passed by the House and Senate on May 1st, 2017, includes:
- More money for special education
- More money for TRIO, which serves disabled students, among others.
- More money for civil rights enforcement.
- Nebraska's 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 force. Disabled students have force used on them in schools much more often than non-disabled students..
Human rights abuses in prisons impact people with disabilities more than those without disabilities because many prisons ignore the American with Disabilities Act (ADA). Rather than obey the ADA and provide accommodations, prisons often put people with disabilities in solitary confinement. This problem will probably get worse due to the reported cuts in civil rights enforcement in Trump's budget.
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 the Trump administration's proposals. 
- 31 states are currently enrolled in the Medicaid Expansion through the ACA, and are less likely to be for a repeal plan.