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Independent Living News & Policy from the National Council on Independent Living

Civil Rights & the ADA

ADA Notification Bills: And Then There Were Three

An Update from the NCIL ADA Civil Rights Subcommittee

There are now three ADA Notification bills introduced in the 114th Congress. The latest was introduced on Monday, March 7, 2016 by Rep. Jerry McNerney (D-CA). What is different this session is we are seeing bills that have members of both parties signing on.

As we approach the 26th anniversary of the Americans with Disabilities Act, few of the members of Congress that were there at that time of its signing remain. This creates a huge challenge as many who were there at the time understood the ADA and the intent of the law. That makes it all that much more important for us to form a strong opposition to these attacks and make this a priority as we head to the Hill this summer during the NCIL conference and when we meet with legislators when they are home in their district offices.

NCIL, with the National Disability Rights Network (NDRN), the American Association of People with Disabilities (AAPD), the Association of Programs for Rural Independent Living (APRIL), Paralyzed Veterans of America (PVA) and other partners, will be meeting to discuss strategy early this month in Washington. In the meantime, the ADA Civil Rights Subcommittee is working on producing a position paper of our own, which we hope to be sharing soon to bring our membership up to speed as we advocate against unnecessary change.

These bills are not expected to move during this session, which gives us time to create a plan, but we all know how things work in DC and we need to develop our plans sooner than later. The three ADA Notification bills introduced in the 114th Congress as of mid-April are outlined below.  [Read more…]

The Newest NCIL Accessibility Training Effort

The NCIL Accessibility Survey Academy Project (NCIL ASAP) is now scheduling training dates with sites around the country! The Project development started with Beta Testing of the training content and concept back in November of 2014 with the Bay Area Center for Independent Living in Salisbury, Maryland and continuing into 2015, with the inaugural NCIL ASAP training event presented in West Virginia by NCIL and the WVSILC in honor of the 25th Anniversary of the ADA! The Beta Class has already completed additional training to be certified in providing fee-for-service surveys and has begun work in their communities! The Inaugural Class participants are getting additional training, some of them focused on Emergency Shelters for a project they want to pursue. The first classes have provided evaluations and feedback that we have used to make adjustments to the content, and we are ready to pursue training locations for 2016!

Goals of the Training Project include:

  • To have Center Staff trained on measuring/surveying for accessibility as well as reporting formats to provide results and recommendations from surveys.
  • To increase referrals to for-profit or fee-for-service projects and other opportunities for Centers for Independent Living.
  • To establish advocacy-driven networks of trained individuals within the IL Movement – with continuing education opportunities and regular communications regarding current issues relevant to accessibility.

The ultimate goal is for Centers to return to being the premier resource in the community for accessibility advice and survey services. The initial ASAP training is a three day intensive survey training, providing a foundation for accessibility surveyors, conducted the first year by nationally known accessibility trainer/consultant Mark Derry. For additional information, contact Mark at [email protected], and watch for announcements of training locations in the Weekly Advocacy Monitor and on the NCIL website.

The NCIL Parenting Task Force Begins to Meet!

Just last week, staff from NICL and other national disability leaders attended the first White House summit on parenting with disabilities. Please be sure to contact Jessie Lorenz at [email protected] if you are interested in participating on NCIL’s new Parenting Task Force. Lead On!

Save the Dates: National Voter Registration Week and Training Webinar

National Disability Voter Registration Organizing & Training Webinar: May 24, 2016; 3:00 p.m. Eastern

National Disability Voter Registration Week: July 11-15, 2016

Toolkit Logo - Register! Educate! Vote! Use your Power! RevUp! Make the Disability Vote CountThe REV UP Campaign is coordinating a National Disability Voter Registration Week to increase the political power of people with disabilities while also engaging candidates and the media to recognize the disability community.

To help prepare for National Disability Voter Registration Week, the REV UP Campaign will host an organizing webinar on Tuesday, May 24th at 3:00 p.m. Eastern. The purpose of the webinar is aid organizers across the country to hold their own voter registration events – both physically and online – to increase the number of people with disabilities who are registered to vote and ultimately the number of people with disabilities who cast their ballots on Election Day this November and in future elections.

More information, including a link to register will be sent out soon. Thank you for doing your part to make the DISABILITY VOTE count!

The REV UP Campaign aims to increase the political power of the disability community while also engaging candidates and the media on disability issues. REV UP stands for Register! Educate! Vote! Use your Power!

For more information about the REV UP Campaign and resources to start organizing in your state please visit www.aapd.com/REVUP.

Source: American Association of People with Disabilities (AAPD)

Action Alert: Submit Comments in Support of the Food and Drug Administration’s Ban on Electrical Stimulation Devices!

Earlier this week, the Food and Drug Administration (FDA) published proposed regulations that would ban electrical stimulation devices used as behavioral “treatment.” These devices are used to deliver electric shocks as punishment for behaviors in both children and adults with disabilities, and disability advocates have been fighting to end the use of these devices for decades.

This is an issue that has received much attention from NCIL and other disability rights groups over the last several years. Many of you are familiar with the Judge Rotenberg Center (JRC) in Massachusetts. Despite opposition from previous residents, parents, and disability advocates around the country, JRC continues to use electric shock devices. It is the only institution in the country that still uses them. NCIL, along with other members of the Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), has advocated many times for the JRC to end their use of these devices and for the Centers for Medicare and Medicaid Services (CMS) and the Office of Special Education and Rehabilitative Services (OSERS) to stop funding the JRC (PDF).

In 2011, NCIL adopted a resolution of opposition to involuntary electroshock. Decades of evidence has shown that the use of these devices is incredibly dangerous, posing risks to both psychological and physical health. Additionally, and equally important, the use of electric shock devices is incredibly cruel and dehumanizing.

The FDA has finally determined that these devices present an unreasonable and substantial risk of illness or injury, and they are proposing to ban both new devices and those already in distribution and use. This ban is long overdue, and we need to let them know that we strongly support this decision!

Please submit comments in support of the ban. Comments are due on Wednesday, May 25, 2016. You can submit them online at regulations.gov (click the “comment now” button), or you can mail your comments to: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. If you are submitting comments that you would like to be held confidential, you must submit them by mail.

We urge you to take a few moments to express your support of this ban. We know that the JRC and their supporters will be flooding the FDA with comments opposing this ban, and we need to make sure they hear from all of us who support it!

Action Alert: Share Your Experiences Voting with the Election Assistance Commission by April 27!

This is an opportunity to have your voice heard!

VOTE Emblem features the universal sybol of accessibility holding a paper with Choice check marked and Option uncheckedHave you ever had any problems trying to vote? That includes access to an accessible parking place or having a private ballot. The Election Assistance Commission (EAC) will be holding a public hearing on voting accessibility on April 27th. If you have had a negative experience while casting your ballot, they need to hear your story. You have the opportunity to inform the EAC about the difficulties you encountered.

If you would like to share your experience with the EAC, please email [email protected] identifying the polling place where you experienced the issue and describing the problem you had while trying to cast your vote.

You can also attend the hearing in person:

Suffolk University Boston, Law School
120 Tremont St.
Boston, MA 02108
9:30 a.m. – 12:30 p.m.

Did You Ever Have Trouble Voting?

Imagine being 30 years old and a person with a disability and you go to your polling place. You tell the poll worker your name and the poll worker responds to you by saying “you need to take a reading test before you can vote.” Or you’re a person that uses a wheelchair and you go to your polling place and there are two stairs going into the building.

Unfortunately, in 2016 these are still true stories for people with disabilities! Have you ever had any issues? Well the Election Assistance Commission needs to hear from you. The Voting Rights Subcommittee repeatedly hears of problems that people with disabilities are having trying to cast a private and unassisted ballot!

So here is the opportunity to try to change what is going on. The Election Assistance Commission (EAC) will be holding a public hearing on voting accessibility on April 27. If you have had a negative experience while casting your ballot, you have the opportunity to inform the EAC about the difficulties you encountered. If you would like to share your experience with the EAC, please send an email to [email protected] identifying the polling place where you experienced the issue and describing the problem you had while trying to cast your vote.

Nonprofit VOTE Launches Newly Updated Library of Voter Engagement Resources

Nonprofit VOTE just launched a newly designed and updated online library of voter engagement resources for 2016. It covers topics such as guidelines for staying nonpartisan, organizing voter registration drives, holding candidate forums, working on ballot measures, and much more. It features new resources in on the use of social media in an election year, how to create candidate questionnaires and voter guides, voter registration scripts and more – in English and Spanish.

Solidarity and Law Enforcement Disability Training: The Effective Response to Police Excessive Force in the Intersections of Disability and Minority

Solidarity and Disability Training are Essential in Resolving the Conflict of Police Brutality.

By Jen Overfield, NCIL Policy Intern

Police officers are expected to respond very rapidly to situations that they may not fully understand. Many law enforcement agencies have little or no training in disability issues and the cost is high for individuals and their families. Recent statistics indicate that 50%-80% of encounters by officers involve an individual with a disability. Approximately half of those shot by police in the line of duty are estimated to have had mental health issues or other disabilities. The police brutality towards the intersections of the disability and minority communities’ demands for solidarity in advocating for a resolution. We need to advocate together for additional mandatory disability training for law enforcement if we expect change in statistics.

It is not only individuals with disabilities that are most likely to be killed by police officers. An African-American person is, on average, 4.2 times as likely to get shot and killed by a cop as a Caucasian person. A study released by the National Coalition of Anti-Violence Programs shows that transgender people are 3.32 times more likely to face violence from law enforcement than non-transgender people. Transgender people of color are nearly 2.5 times more likely to face attacks by police than white members of the transgender community.  [Read more…]

Trouble Voting? Share Your Experience with the Election Assistance Commission!

The Election Assistance Commission (EAC) will be holding a public hearing on voting accessibility on April 27. If you have had a negative experience while casting your ballot, you have the opportunity to inform the EAC about the difficulties you encountered. If you would like to share your experience with the EAC, please send an email to [email protected] identifying the polling place where you experienced the issue and describing the problem you had while trying to cast your vote.