DREDF: Doing Disability Justice

eNews: The hard lessons of disproportionality that students of color learn in school View this email in your browser

November 2014

Dear Friends,

A student of color with a disability is more than twice as likely to be suspended as a student without a disability, and an African American student with a disability is six times more likely to face suspension as a white student without a disability. This disproportionate treatment is a harsh teacher, one that hammers home the lesson to students of color that school is a pipeline to prison. In fact, one recent study found that while up to 85 percent of children in juvenile detention facilities have disabilities that make them eligible for special education services, only 37 percent received services while in school.

Click here to read the entire article.  

INFORMATION IS POWER - Special EDitions as resources

From Disability Rights Education & Defense Fund (DREDF)

December 2013
WORKSHOP SCHEDULE: Check our website to see and register for upcoming trainings. The next in–house training here at DREDF is Monday, January 13th, 2014 from 6 – 8:30.

Dear Friends and Family Caregivers,

Happy Holidays from the Education Advocates at DREDF! Like you, we care for and/or about children with disabilities, and understand how hard it is to stay on top of all the rights, laws, and rules for navigating the special education maze. This month, we've put together a handy guide to past issues to help you find the topics that are specific to your child's individual situation.

Preparing for a new year full of learning and growing for our children is our shared goal. Whether you are a caregiver living the day-to-day reality of getting help for a child with a disability, or a professional working on behalf of many such children, information really is power when it comes to effective advocacy.

We encourage you to explore our new website for many resources related to education access for children with disabilities, including links to all Special EDition newsletters we have produced. DREDF is working on multiple fronts nationally and internationally to improve the lives of people with disabilities, and it's important to remember that our children grow up to be adults who will need more than just education access to participate fully in our society. It's a work in progress, so check often for new and updated resources.

Read more HERE.

Special EDition: August 2013 - Back to School, Again

From Disability Rights Education & Defense (DREDF)

School has started and those back-to-school calls are pouring in to DREDF's Parent Training & Information Center. This month we're reprising an oldie but goodie Back-to-School issue of our Special EDition. Enjoy!

The start of the school year brings anticipation and excitement for many students—and sometimes a little relief for parents and caregivers! For students with disabilities and their families, excitement about new friends and a new classroom is often tempered with apprehension:

• Will my child receive the accommodations she needs? 
• Will her new teacher understand my child's special needs? 
• Will my child continue to build on the success she achieved last year? 

In this newsletter, we offer tips for approaching the new school year to ensure a productive school year.

New School Year, New Start

• Gather Your Child's School Records 

 It's helpful to keep copies of all school records: cumulative records, grades, progress reports, tardies/absences, special education records, health records, discipline records, and any others that may be kept by the district. You'll also want copies of any assessments your child has taken and your child's IEP/504 plan.

If you don't have a good set of records, write a letter to request "any and all" records, so that your files are up to date. In California, the school district must provide records to you within five business days. For those of you who don't live in California, check with your localParent Training & Information Center.

Once you've received copies of your child's records, organize them by date. This will help you to see trends and identify which accommodations and strategies have worked for your child in the past.

When shopping for school supplies pick up a binder and anything that will help you to keep the records organized.

Read more HERE.

Special EDition: June 2013 -- Due Process

From Disability Rights Education and Defense Fund (DREDF)

Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).

What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.

Read more HERE.

Save the Date! DREDF's 34th Anniversary Celebration is Tuesday, September 17, 2013

From DREDF

Join us to honor National Association of the Deaf's work with DREDF that ensures captioning in the rapidly expanding world of videos streamed over the Internet!  

September 17, 2013 

5:30 – 8:00 p.m. 

at the Ed Roberts Campus, Berkeley, CA

Article HERE.

DREDF represents the American Diabetes Association in the California Supreme Court

From DREDF Special Edition - May 2013

As you may know, DREDF is representing the American Diabetes Association (ADA) with co–counsel Reed Smith, LLP, as intervenor in a case of critical importance to California schoolchildren with diabetes and their rights to diabetes health related services in school and during school–sponsored activities. The case was heard before the California Supreme Court today, May 29, 2013, and a decision will issue within 90 days. In American Nurses Assn. et al. v. Tom Torlakson as Superintendent of Public Instruction et al. (American Diabetes Assn., Intervenor), No. S184583, the issues involve whether designated school personnel who are not licensed nurses are allowed to administer insulin to students. According to coverage of today's oral arguments, the Court indicated that they may let non–licensed personnel give insulin shots to the estimated 14,000 diabetic students now in California public schools.

You can read more about the effect of this issue on families and students who live with diabetes in this recent article. As parent Barbara Wright states, "Parents and kids are already living with this disease 24/7," she said. "To place any more obstacles in our way is just so frustrating for us."

DREDF has advocated strongly in support of ADA's longstanding position:

Every child deserves the right to be safe at school, yet when children with diabetes are unable to self–administer the insulin they need to stay healthy, and if a school nurse is unavailable, they are put in a potentially life–threatening situation.

• Without access to insulin, these children become dangerously ill and, long-term, face a greater risk of developing life–threatening complications. Because of their illness they often miss class and activities, leaving them without the same educational opportunities as their peers.

Many school districts in California believe that only school nurses can administer insulin at school, leaving children with diabetes without access to proper care.

• With nearly half of the state's school districts not having a single nurse on staff, across the state, many children with diabetes are not safe at school.

• California state law and federal antidiscrimination laws require schools to protect the rights of students and provide diabetes care to any child in need.

The American Diabetes Association's Safe at School campaign fights to ensure that trained volunteers are available in every school to help children with diabetes administer insulin when a school nurse is unavailable.

• Diabetes experts agree that trained volunteers should be allowed to help students in need.

• Across the country many states allow non–medical school staff to administer insulin. And, every day, outside of the classroom, parents, siblings, and babysitters safely provide insulin to the children they care for.

Numerous groups filed amicus briefs on behalf of the ADA including the US Department of Justice, the California Department of Education, the Child Care Law Center, American Academy of Pediatrics Section on Endocrinology, the American Association of Diabetes Educators, the California District of the American Academy of Pediatrics, the Endocrine Society, and the Pediatric Endocrine Society.

California school districts are permitted to train unlicensed personnel to administer insulin as detailed in a California Department of Education Legal Advisory. Note what the CDE website says about the status of the law:

"The case is now on appeal, and the Court of Appeal has confirmed that the trial court's ruling is stayed until the appeal is finally resolved. The entire Legal Advisory therefore remains in effect. However, interested parties should check this Web site periodically for updates on the litigation and the status of the Legal Advisory."

Article HERE.

DREDF Transportation Research Update

Dear Friends,

DREDF has always considered transportation the linchpin to full integration for people with disabilities into the society at large. We have a long history of transportation access advocacy, headed by Senior Policy Analyst Marilyn Golden, as well as participation in key policy research and the provision of technical assistance on transportation under the Americans with Disabilities Act (ADA).

Over the last year, we have participated in two research projects on ADA transportation that have the potential to improve our nation's public bus and train systems, as well as ADA paratransit programs across the country.

Read more of the DREDF article HERE.

Special EDition: March 2013 - Least Restrictive Environment (LRE), Part 2

From Disability Rights Education & Defense Fund (DREDF)

This month's Special EDition is the second of a two–part discussion about the principle of least restrictive environment (LRE). If a student with a disability qualifies for specialized instruction and services (special education) under the Individuals with Disabilities Education Act (IDEA), the student must receive a free appropriate public education (FAPE) in the least restrictive environment.

As discussed in Least Restrictive Environment (LRE), Part 1, LRE requires the school district to ensure that:

To the maximum extent appropriate, children with disabilities are educated with children who do not have disabilities; and

Special classes, separate schooling, or other removal of students with disabilities from regular education happens only if the student's disability is so significant that education in regular classes, even with the use of additional aids and services, cannot be achieved satisfactorily.

How is LRE measured?
Each IEP must state the extent to which the student with a disability will not participate with nondisabled peers in the regular class, and in extracurricular and nonacademic activities. This is written as percentage removed from regular class settings.

The IEP must also provide a written explanation of what placement options were considered and the reasons for rejecting these placements other than the regular classroom. The IEP must state why the student's disability prevents his needs from being met in the regular classroom, even with the use of extra supports and services. Federal and state policy forbid placing a student in a segregated setting over a general education setting if the placement decision is not based onstudent needs.

Read more HERE.

New HEALTHCARE STORIES Featuring People with Developmental Disabilities and Their Families

From DREDF - Healthcare Stories

DREDF is pleased to announce the release of newHEALTHCARE STORIES that illustrate, as no policy paper can, the obstacles and barriers that stand in the way of getting appropriate, effective health care for many people with developmental disabilities.

These short video stories feature people with developmental disabilities and their families, and an intrepid primary healthcare provider who has defined the field of developmental medicine.

Watch a Preview!
Story tellers speak candidly about their experiences accessing health care. The obstacles they face range from lack of accessible equipment such as CAT scan tables, to encounters with medical professionals who have little or no disability literacy or training, to outright substandard care. Such persistent barriers to health care affect not only our health and wellbeing, but also the quality and length of our lives.

Read more HERE.

DREDF - Special Edition

From DREDF

In this Issue: Accessing Sports and Physical Education.


Dear Friends and Family Caregivers,
Academics are a vital part of many Individualized Education Plans, but IEPS include more than reading and math. Although some of us dreaded gym, a well-taught physical education class can be a great source of success for students with disabilities. Physical education gives students a chance to enjoy movement, interact with peers in a non-academic but structured setting and, hopefully, have a little fun.

Are students with disabilities legally entitled to physical education?
Yes! California law and the Individuals with Disabilities Education Act (IDEA) both provide for appropriate, individualized instruction in physical education for students with disabilities. For students with mobility disabilities or orthopedic impairment, this includes instructions in motor skills and motor development. For all students, physical education should include introduction to physical sports and games, including team sports such as basketball and soccer and "lifetime" sports like running and swimming.


Read more HERE.

New Advocates’ Guide Presents Recommendations for LTSS Quality Improvement

From DREDF eNews

Improving quality in long term services and supports (LTSS) is vital for Medicaid beneficiaries relying upon such services. A new advocates’ guide provides information and recommendations to assist beneficiaries and their advocates. The guide, entitled Identifying and Selecting LTSS Outcome Measures, has been prepared by the Disability Rights Education and Defense Fund (DREDF) and the National Senior Citizens Law Center.

The guide focuses on outcome measures based on individual experience, as a beneficiary’s experiences are the best starting point for judging whether systems are performing well. The guide discusses existing and in-development quality measures, presents criteria for selection of LTSS outcome measures, suggests methods for building LTSS knowledge and infrastructure, and sets forth action steps for advocates.

DREDF -THE FIRST VOTE ON THE CRPD IS THURSDAY, JULY 26th Calls to All 50 States Needed!

This information is from DREDF:

Update! Markup  

of the Convention on the Rights of Persons with Disabilities (CRPD) and a vote in the Senate Foreign Relations Committee is rescheduled for the ADA Anniversary: Thursday, July 26th at 9:30 am.

 

If you are outside of DC, you can watch here. If you are in DC be sure to attend in Senate Office Building Dirksen G-50.  

 

Unfortunately, the opposition has intensified their efforts to defeat the CRPD and Senators are hearing from them.

 

Don’t let the opposition drown the voices of the disability community.

 

Below are the responses to some of the myths that the opposition is using in its campaign to defeat the CRPD. For more information on the CRPD visit USICD's webpages.

ACTION: Please call and email your Senators and tell them to vote for the CRPD treaty. Call them as many times a day as you can until the treaty is passed. Recruit your friends and families to call. Please forward this email to your network of friends.

 

MESSAGE: The message is simple “I am a constituent of your state and I want the Senator to support the CRPD – this is important to the disability community!”

 

CONTACTS: The Capitol Switchboard number is (202) 224-3121.  Ask to be connected to your Senator’s office. Call both Senators!

Or, you can find Senator's contact information here.

MYTHS AND FACTS ABOUT THE CRPD

 

1. Myth: The CRPD will cost money and will require us to change laws in the US.

 

 Facts:

• The CRPD will require no changes to federal or state law, and it will have no impact on the federal budget. 
• Ratification of the CRPD will not require the US to allocate new funds towards the implementation of the Treaty by other countries.

 

2. Myth: Ratification of the CRPD will harm parental rights

 

   Facts:

• The CRPD recognizes and protects the important role of the family. 
• The CRPD specifically recognizes the role of parents in raising children with disabilities AND protects children from being separated from their parents on the basis of disability. This is made clear in Article 23 of the CRPD, entitled “Respect for Home and Family.”
• Nothing in this Treaty prevents parents from homeschooling or making decisions for their children. This Treaty embraces IDEA, the ADA, and all of the disability non-discrimination legislation that has made the United States the leader on disability rights.

 

3.  Myth: Ratification will overrule state law on disability issues

 

Facts:

• The treaty package includes a reservation on federalism so that ratification of the treaty will not impact areas that are dealt with under state and local government.  

 

 4. Myth: Ratification will require everything to be accessible, including every home and church in the US

 

Facts:

• The Treaty package has a reservation on private conduct. This makes sure that the U.S. does not accept any obligation to regulate private conduct except as mandated by the Constitution and the laws of the US like the ADA. This means churches, small businesses, and private homes are not subjected to the Treaty.
• The US Chamber of Commerce supports ratification of the CRPD.

 

5. Myth: Legal conditions added to the Treaty called Reservations, Understandings, and Declarations (RUDs) are not enough to protect the US from Treaty obligations

 

  Facts:

• The President cannot proceed to ratify a treaty without giving effect to the RUDs approved by the Senate. 
• The Senate has a long tradition of careful consideration and frequent adoption of limited RUDs, as is the case here.
• Any claims that RUDs do not have the force of the law are contrary to the long-held position articulated by the Senate regardless of which party is in control.

 

6. Myth: Ratifying the CRPD is simply a ploy to get other treaties like the Convention on the Rights of the Child or Law of the Sea Treaty ratified

 

Facts:

• The CRPD simply does not involve other treaties that the US has not ratified. 
• The CRPD adopts the nondiscrimination model for persons with disabilities already found in the ADA and other US disability laws.
• It is the American disability community, many who partook in the drafting of the Treaty, who have been leading the ratification effort in the United States.

 

7. Myth: Ratification of the CRPD will obligate the US to enact new economic, social, and cultural rights

 

Facts:

• The treaty package includes an understanding that the CRPD prevents discrimination on the basis of disability with respect to economic, social, and cultural (ESC) rights recognized and implemented under U.S. federal law. It will not create new rights.

 

8. Myth: Ratification of the Treaty will put a UN committee of experts in charge of US law

 

Facts:

• The committee created by the Treaty can only give advice and recommendations and the US is not required to follow them.

 

NATIONAL CALL DAY FOR THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ON WEDNESDAY, JULY 11TH!!!

From DREDF - Disability Rights Education and Defense

After months of action by the disability community, a hearing in the Senate Foreign Relations Committee on the Convention on the Rights of Persons with Disabilities will be held this Thursday, July 12. We need to convince the Foreign Relations Committee to vote YES and report the treaty to the Senate floor.

Read more HERE.

WELCOME TO HEALTHCARE STORIES

From DREDF - Disability Rights Education and Defense Fund


Here you will meet people with diverse disabilities who speak candidly about their experiences accessing healthcare. We hope their forthrightness will spark a long-overdue discussion about persistent barriers to care and how they can be eliminated.

Read more HERE.

DREDF celebrates the US Supreme Court's ruling today that upholds the constitutionality of the individual mandate in the Affordable Care Act (ACA)

The US Supreme Court Rules on the Constitutionality of the Affordable Care Act—What was at Stake?


This historic decision means that people with disabilities will continue to benefit from the profound impact of the landmark law. By affirming the individual mandate, the Court ensured that private insurers will have access to the largest possible pool of enrollees, thus holding costs down. In combination with market reforms prohibiting discrimination against people with pre-existing conditions, this affirmation will make it possible for everyone, including an estimated 3.5 million uninsured people with disabilities, to benefit from more affordable insurance prices.


A majority of the Court did strike down the provision in the law that would allow the federal government to penalize any state that does not expand their Medicaid program by withholding all of that state's existing Medicaid funding. However, as the Court's minority decision pointed out, the majority struck down the authority to withhold, not the authority to grant. While the full impact of this part of the holding remains to be seen, it is likely that some states may choose to expand Medicaid in exchange for additional federal funding, which will benefit millions more low-income adults with disabilities.


Read more at the DREDF website HERE.

Disability Rights Education & Defense Fund event

Tuesday May 1, 2012, 5:30–8PM
Ed Roberts Campus, 3075 Adeline Street, Berkeley, CA


GUESTS OF HONOR

Congressman George Miller,
U.S. House of Representatives, 7th District, CA

Judith E. Heumann,
Special Advisor, International Disability Rights, U.S. Department of State

John Wodatch,
Chief, Disability Rights Section, Civil Rights Division, U. S. Department of Justice (ret.)

In conversation with Arlene B. Mayerson,
DREDF Directing Attorney

SPECIAL RECOGNITION

Lewis, Feinberg, Lee, Renaker & Jackson P.C.

In honor of the firm's commitment to protecting the rights of people with disabilities, their skill as esteemed co-counsel, and their deep friendship over many years.

DREDF IS DEEPLY GRATEFUL TO OUR EARLY SPONSORS

Clif Bar Family Foundation
Rosen, Bien & Galvan, LLP

Individual Sponsorships: Please RSVP by April 23 to ensure recognition in our program
Leader: $1,000 – attendance for 4
Benefactor: $500 – attendance for 2
Advocate: $325 – attendance for 1

Individual Tickets: Please RSVP by April 27
$200 individual $95 non-profit individual

Print and Mail/FAX Form:
Individual Tickets and Sponsorships

Corporate Sponsorship Opportunities
or contact Ingrid Tischer at itischer@dredf.org

THE START OF SOMETHING BIG
In 1977, our three honorees helped start something big when they were part of a landmark disability rights event that began in San Francisco and ended in victory in DC. Working in concert with grassroots and government allies, they forced the issuing ofthe regulations implementing Section 504 of the Rehabilitation Act of 1973, the first federal civil rights protections for persons with disabilities in the history ofthe United States. A precursor to the Americans with Disabilities Act, Section 504 united and ignited the disability community, mobilizing it to work with allies in the legislature and administration, and establish legal public interest watchdogs. Our honorees will talk about their respective roles in that process as elected official, citizen advocate, and policy architect, and how they have continued to do disability justice together. Join DREDF in celebrating disability rights pioneers who aren't afraid to start something big.

More information at the DREDF website HERE.

Disability Rights Education & Defense Fund Invites You to START SOMETHING BIG

Tuesday May 1, 2012, 5:30–8PM
Ed Roberts Campus, 3075 Adeline Street, Berkeley, CA

THE START OF SOMETHING BIG
In 1977, our three honorees helped start something big when they were part of a landmark disability rights event that began in San Francisco and ended in victory in DC. Working in concert with grassroots and government allies, they forced the issuing of the regulations implementing Section 504 of the Rehabilitation Act of 1973, the first federal civil rights protections for persons with disabilities in the history of the United States. A precursor to the Americans with Disabilities Act, Section 504 united and ignited the disability community, mobilizing it to work with allies in the legislature and administration, and establish legal public interest watchdogs. Our honorees will talk about their respective roles in that process as elected official, citizen advocate, and policy architect, and how they have continued to do disability justice together. Join DREDF in celebrating disability rights pioneers who aren't afraid to start something big.

More details at the DREDF website HERE.

DREDF Special Edition

With the end of the school year fast approaching, and many annual IEP reviews taking place, families often contact us wondering whether their student can continue to receive special education support in the summer. This kind of support, known as Extended School Year (ESY) is very important to some students' ability to continue making progress toward IEP goals. This month's Special EDition, will define ESY, explain the process for determining eligibility, and help you understand how such services are part of your child's Free Appropriate Public Education (FAPE).

What is ESY?
Extended School Year (ESY) services are special education and/or related services provided beyond the usual school hours/year, at times when school is not usually in session – often, but not only, during the summer. They are INDIVIDUALIZED services provided at no charge to parents. How the services are delivered is a team decision, and can range from 1:1 instruction at home, to participation in a summer program run by the District, to continuing participation in related services like Occupational or Speech Therapy in District offices. Districts are experimenting with computer based learning in groups at school sites, or through home based programs.

Read more of the DREDF Special Edition HERE.

DREDF Workshop: Understanding the Special Education Process: IEP Basics & Beyond

FREE: An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (except August and December)
Next Offered: February 13, 2012
Time: 6:00 – 8:30 pm (Pizza and soft drinks included!)
Where: Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: Bernard Osher Education Center
More details HERE.

DREDF documents the health disparities exhibited by people with disabilities from minority populations

In 2011, DREDF received a request from the Asian and Pacific Islander American Health Forum (APIAHF), and the office of Congresswoman Barbara Lee to help document disparities in health care that most minorities with disabilities experience.

Data was needed to support the federal Health Equity and Accountability Act (HEAA), HR 2954, introduced on September 15, 2011. HEAA was introduced by members of the Congressional Tri-Caucus (comprised of the Congressional Black Caucus, the Congressional Asian Pacific American Caucus, and the Congressional Hispanic Caucus), to reduce racial and ethnic health disparities.

DREDF's brief, Health and Health Care Disparities Among People with Disabilities, correlates race/ethnicity and disability with specific health issues and describes environmental barriers to care. As its author, DREDF staff attorney Silvia Yee, states, "Aside from the public health issues that most racial/ethnic minorities face, minorities with disabilities experience additional disparities in health, prejudice, discrimination, economic barriers, and difficulties accessing care as a result of their disability—in effect, they face a 'double burden.'"

Read more at the DREDF website HERE.