the advocacy monitor

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

Civil Rights & the ADA

September 22: National Voter Registration Day

September 22, 2015 is National Voter Registration Day, the only one day there will be coordinated field, technology, and media efforts to create awareness of voter registration. This is important for the disability community because in 2008 there were an estimated 6 million people who did not vote because they missed a registration deadline or did not know how to register. With a major election coming up on November 8, 2016, we need to make sure that the voice of people with disabilities is heard loudly.

So what can you do?

  • Register voters that come into your Center for Independent Living.
  • Hold a voter registration drive in your area. Partner with other nonprofits to increase the number of individuals you reach.
  • A lot of voters need to register or reregister every year. This will provide an opportunity for you to educate the community of about your Center for Independent Living.

You can go to nationalvoterregistrationday.org to find out more.

Disability Stakeholder Organizations Commemorate Hurricane Katrina 10th Anniversary

The National Council on Independent Living (NCIL) and Portlight Strategies (Portlight), national disability stakeholder organizations, today issued the following statement commemorating the 10th Anniversary of Hurricane Katrina:

Portlight Strategies logo“Ten years ago Hurricane Katrina struck the Gulf Coast, taking hundreds of lives, upending thousands of others and ravaging communities. People with disabilities died and were harmed in disproportionate numbers. This week NCIL and Portlight are commemorating all those impacted by Katrina (especially people with disabilities), honoring the resilience of the survivors, acknowledging the failures which exacerbated the human toll, and recognizing important steps made in the last ten years to ensure that people with disabilities are better served in future disasters and are intimately involved in the planning and execution of those efforts.”

“NCIL and Portlight have both worked over the last ten years to identify institutional and systemic failures which led to the deaths, displacement and anguish of people with disabilities resulting from Hurricane Katrina. We have worked TOGETHER, in a spirit of community, to create and nurture effective solutions, encourage emergency management institutions and organizations to take our issues seriously, and to build meaningful relationships between people with disabilities and our stakeholder organizations and those whose jobs it is to serve us in disaster situations.”

In the last ten years, a number of initiatives have been instituted by NCIL and Portlight as the result of lessons learned from the Katrina experience. These efforts are bearing tangible positive fruit for people with disabilities and include:

  • Establishment of the NCIL Emergency Preparedness Subcommittee – This subcommittee meets monthly to compare notes, share best practices, review problematic issues and strategize advocacy and solutions.
  • Portlight has created a deployable shelter accessibility module that contains a wide variety of tools and equipment is made available to shelter operators to help ensure safe and accessible shelters
  • NCIL / American Red Cross Memorandum of Understanding
  • Portlight / American Red Cross Memorandum of Understanding
  • NCIL / Portlight Memorandum of Understanding
  • NCIL / FEMA Memorandum of Agreement
  • Portlight / FEMA Memorandum of Agreement

These Memoranda have created a solid foundation of respect and cooperation between disability community stakeholder organizations and emergency management organizations upon which is being built a solid infrastructure of solutions. These agreements are the crucial manifestation of the critical importance of community building and relationship building in addressing and solving issues involving people with disabilities.  [Read more…]

Adult Protective Services: Allies not Adversaries

By Jan Derry, Co-Chair of Violence and Abuse Subcommittee

At NCIL’s Annual Meeting on July 29, 2015, the NCIL membership voted to adopt the resolution that was submitted by the Violence and Abuse Subcommittee. This resolution recognized that violence and abuse against individuals with disabilities occurs at a much higher rate than for individuals without disabilities. It also recognized that Adult Protective Services, APS, is often the first responder to reports of abuse, neglect and exploitation and that the current structure of APS creates inconsistencies on types of abuse responded to, the population it protects, who is required to report, and the types of response varies from state to state. These inconsistencies can put the victim in further danger and it can result in the victim being re-victimized by the service system charged with protecting them.

The resolution calls for a national model of APS that will eliminate confusion, fear and mistrust; that will embrace a trauma informed response to abuse to serve victims with respect and compassion.

In October of 2014, the Administration on Community Living created the Office of Elder Justice and Adult Protective Services, becoming the first Federal “home” for APS. Consistent with the resolution adopted by the membership, NCIL began its collaboration with ACL to address concerns regarding the historical experiences of people with disabilities as they interact with APS.

On August 5th, Kelly Buckland, NCIL’s Executive Director and Jan Derry, Co-Chair of NCIL’s Violence and Abuse Subcommittee, joined a round table discussion held at ACL to learn of ACL’s current investments in APS in to building a National APS Resource Center, to learn about the proposed Voluntary Consensus Guidelines for state APS systems, the 10 state grants to enhance APS, and to join with other disability leaders to share what we know about the strengths and weaknesses of the current systems.

From July 13-October 30, 2015, ACL is launching a stakeholder engagement and outreach strategy to refine and finalize the draft “Voluntary Consensus Guidelines for State APS Systems”. The goals of the Guidelines are to provide a core set of principles and common expectations to encourage consistency in the policies and practices across the county; to help ensure that adults are afforded similar protections and services delivery, regardless of which state they are in; and to enhance effective, efficient and culturally competent delivery both of services to the victim and responses to perpetrators. These will be voluntary guidelines and not standards nor regulations.

Now ACL needs to hear from you!

ACL is hosting a number of virtual listening sessions via conference calls. ACL will host both open sessions and targeted professional stakeholder sessions. See the attached information for how to join the listening sessions. Each session is limited to 75 callers, thus registration is required. You may also view and provide comments on the draft guidelines electronically.

Example comments:

  • The caseload of APS workers should be reasonable so they can move at a reasonable pace.
  • We must ensure that all APS staff members are trained in cultural competency in working with people with disabilities, including communication, general awareness training, disability-specific, providing reasonable accommodations, assistive technology, barriers to reporting and unintended consequences, trauma-based interviewing, consumer directed service delivery systems, etc.
  • APS should use people with disabilities who are active in the disability community as the experts in the field.
  • The position of APS should be elevated within the Department of Health and Human Services (HHS) to the same level and pay as Child Protective Services (CPS).
  • Please standardize definitions of who should receive the protections and services provided by APS regardless of state or jurisdiction they are in.
  • APS should be able to provide consistent timelines for investigations.
  • Please define the scope of authority of guardianship.
  • Data should be maintained regarding the prevalence of investigations and outcomes specific to people with disabilities.

Lets’ make sure our voices are heard! If we don’t comment, then we can’t complain about what the final guidelines end up being. NOTHING ABOUT US WITHOUT US!

Disability Rights Museum on Wheels Visits the Iowa State Fair!

Source: The Harkin Institute for Public Policy & Citizen Engagement, Drake University

It’s Iowa State Fair time! The Harkin Institute is excited to share with you a special exhibit that will visit the fair: America’s Disability Rights Museum on Wheels. This traveling museum tells the story of the fight for equal rights by people with disabilities in the United States, curated by the producers of the national recognized documentary Lives Worth Living. The museum raises awareness of the 25th Anniversary of the Americans with Disabilities Act.

  • Thursday, August 20: 11:00 a.m. – 9:00 p.m.
  • Friday, August 21: 9:00 a.m. – 9:00 p.m.
  • Location: 2015 Iowa State Fair (open to the public)  – Gate 11 Entrance at the West Grand Exhibit Area

Iowa’s own retired Senator Tom Harkin will be at the museum on Friday, August 21, from 9:00 a.m. to 1:00 p.m. He would love to have you stop by and visit this exhibit.

Information Alert: NCIL Is Excited to Announce New Guidance on Protecting Parents with Disabilities from Discrimination

Last week, the Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) released a new technical assistance (TA) document entitled Protecting the Rights of Parents and Prospective Parents with Disabilities. The document is intended to advise state and local child welfare agencies and courts on their obligations to protect the rights of parents and prospective parents with disabilities.

The TA stemmed from a rising number of discrimination complaints by people with disabilities involved with the child welfare system, as well as enforcement activities finding uneven protections among child welfare agencies and courts. It provides a clear overview of the need for this guidance, citing several recent cases of discrimination as well as the 2012 National Council on Disability (NCD) report, Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children. The TA also provides an overview of child welfare agencies’ legal requirements under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, stating that “the goals of child welfare and disability non-discrimination are mutually attainable and complementary.”

Parents’ rights have long been a priority for NCIL members, and much effort has been put in over the last few years. The NCIL ADA/ Civil Rights Subcommittee has made parents’ rights a focus area. Just last month, Kelly Buckland, NCIL’s Executive Director, sat on a panel at the NCD quarterly meeting to discuss the civil rights of parents with disabilities. And last year, Michael Bullis, Executive Director of the Image Center in Baltimore, and Lindsay Baran, Policy Analyst at NCIL, testified at NCD’s Congressional Forum on ensuring the rights of parents with disabilities and their children.  [Read more…]

Action Alert: Share Your Experiences with Adult Protection Services

On Wednesday, August 5, NCIL Executive Director Kelly Buckland and NCIL’s Violence and Abuse Subcommittee Co-Chair Jan Derry will be meeting with Kathy Greenlee, Administrator of the Administration for Community Living (ACL).

NCIL logo - National Council on Independent LivingIn 2014, ACL became the home for Adult Protective Services (APS), and Administrator Greenlee has made it a priority to focus on the abuse, neglect, and exploitation of people with disabilities and older adults. She will be meeting with Jan and Kelly to discuss how ACL can be better engaged with APS, and they are looking for input from you about your experiences.

If you have had personal experiences with APS, Jan and Kelly would like to hear your stories. Specifically, they are looking for stories that address the strengths, weaknesses, gaps, and needs of the current system. Your stories will help them identify priority areas for ACL to focus on and specific recommendations to ensure APS is able to effectively serve the disability community.

Please email your stories to Jan at [email protected] by Monday, August 3!

NCIL Expresses Gratitude to President George H.W. Bush

July 22nd, 2015

Dear President Bush,

NCIL logo - National Council on Independent LivingAs we celebrate the 25th anniversary of the Americans with Disabilities Act (ADA), the National Council on Independent Living (NCIL), representing millions of Americans with disabilities, would like to thank you for signing the Americans with Disabilities Act (ADA) into law.

On behalf of our consumers, Centers for Independent Living (CILs), and Statewide Independent Living Councils (SILCs), we want to extend our gratitude and appreciation for your commitment and foresight for signing into law the first comprehensive civil rights law for people with disabilities in the world, when you signed the ADA on July 26, 1990. Founded in 1982, NCIL is the longest-running national cross-disability, grassroots organization run by and for individuals with disabilities.

In this historical, extraordinary, and momentous act, you liberated millions of Americans with disabilities from discrimination, segregation, and isolation, and gave us a sense of acceptability. It is altogether fitting that this expression of our most basic ideals of freedom and equality, exemplified within the spirit of the ADA, serves as the “blue print” and guiding principles of the United Nation’s Convention on the Rights of Persons with Disabilities (CRPD). Your historical legacy, within the context of civil rights for millions of Americans with disabilities, goes far beyond the sovereignty of our nation, it encompasses the world!  [Read more…]

Save the Date! Congressional Briefing Reception July 28, 2015

Please mark your calendar! On Tuesday, July 28, from 6:30-8:30 p.m., the National Council on Disability (NCD), National Council on Independent Living (NCIL), Career Access, and the Youth Transitions Collaborative will be hosting a Congressional Briefing Reception in conjunction with the NCIL Conference as well as in celebration of the 25th Anniversary of the Americans with Disabilities Act (ADA) in Washington, DC.

The reception will be held at the Offices of Nixon Peabody, 799 Ninth Street, NW. An invitation will be coming soon. We hope to see you on July 28!

An Update from the NCIL Voting Rights Subcommittee

In order for people with disabilities to be seen as an important voting bloc, we need to do three things:

  1. We all have to be like old-fashioned “block captains”. We need to deliver voters to the polls. As advocates, it’s not enough for us to individually register and vote, we need to take responsibility and be sure that everyone we know who shares our independent living values is registered and votes.
  2. It is essential that this be done in primary elections. The voter participation rate of people with disabilities has been increasing in general election. Regretfully, our voter participation rate in primaries is dismal and in some cases worse than the general public. Primary elections set the agenda that will be debated in the general election. The tea party is a clear example of the importance of primary elections. A relatively small number of committed and organized voters defeated incumbents in primary elections. This got the attention of candidates across the nation and changed our public debate. There is a strategic advantage for an organized bloc of voters in primary elections: it takes very few votes to win a primary and many more to win a general election. Go to your local election office website and look at the past few elections’ notes and see how few votes it took to win the primary. Every election campaign begins by looking at the regular primary voters – these are the voters that the candidates court, speak to, and listen to.
  3. People with disabilities should run for public office. We often say “nothing about us without us”, yet as a community we don’t carry this forward to elections. Candidates form coalitions of voters so they can win a primary election. We form coalitions all the time, but it is only to support or oppose legislative or regulatory changes. Why are we not forming coalitions to elect: articulate, bright, and committed advocates to town and city councils, state legislatures and executive office? What better way is there to be at the table then as an elected official? Running for office is a complex process, but there is an easy way to learn what campaigns are like from the inside – volunteer for the candidate of your choice. Nonprofit employees can volunteer for candidates and run for office if they do it on their own time. George Holman is the Executive Director of the Rockland County Independent Living Center in New York State. But, he is also an elected member of the Rockland Town Council. From this vantage point, he has been able to move the disability agenda in major ways in the community he lives in.

There is power in voting and by doing these 3 things you can influence how we are seen and live. If you want to learn more about getting out the vote, please attend the Voting Rights Subcommittee’s presentation at NCIL’s 2015 Annual Conference on Independent Living.

DOE Event: Advancing Equal Access! Celebrating the 25th Anniversary of the Americans with Disabilities Act

U.S. Department of Education
Lyndon Banes Johnson Building
400 Maryland Avenue, SW
Washington, DC 20202

Jaggar DeMarcoOn Friday, July 24, 2015, in celebration of the 25th Anniversary of the landmark Americans with Disabilities Act (ADA), the U.S. Department of Education’s Office for Civil Rights will bring together policy and program leaders, community organizations, and youth to examine current implications of the ADA’s implementation and cross-cutting issues with other federal civil rights laws, and plant the seeds for the next 25 years of achieving new milestones to advance civil rights for people with all types of disabilities. To unite thought leaders with today’s up-and-coming generation of youth and young adults with disabilities, the event will consist of three parts.

Indoor Policy Panels:

From 9:00am to 10:20am on Friday in the Department of Education’s Barnard Auditorium, two panel discussions will focus on the ADA’s impact on our nation’s education system. The first panel is to include Assistant Secretary for Special Education and Rehabilitative Services Michael Yudin, Association for University Centers on Disabilities Executive Director Andrew J. Imparato, and Assistant Secretary for Civil Rights Catherine E. Lhamon. The second panel will be composed of youth leaders, moderated by Janet LaBreck, Commissioner of the Department’s Rehabilitation Services Administration. Panelists are to include accomplished athlete and six-time national champion in wheelchair racing and archery, Casey Followay of Ohio; National Council on Independent Living activist, Jaggar DeMarco of New Jersey; Founder of Social Justice Media Services and Disability Rights Blogger, Emily Ladau of New York; National Association of the Deaf (NAD) activist, Nia Lazarus of California; and Autistic Self Advocacy Network Leadership Programs Coordinator, Natalia M. Rivera Morales of Maryland.  [Read more…]