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    Day In Washington: the Disability Policy Podcast

    The Disability Policy Podcast

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    Copyright: © Creative Commons, with Attribution, some rights reserved.

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    Latest Episodes:
    Learning To Accept Yourself, Your Bad Experiences, and Your Skills: Our Conversation with Emily Ladau May 18, 2019
    Show notes

    Emily Ladau is our guest on this episode of Day In Washington. Listen as she shares some of what she has learn throughout her life, and what policy issue she is most concerned about.

    EmilyLadau_Headshot

    Bio

    Emily Ladau is a passionate disability rights activist, writer, speaker, and digital communications consultant whose career began at the age of 10, when she appeared on several episodes of Sesame Street to educate children about her life with a physical disability. In 2017, she was named as one of Adelphi University’s 10 Under 10 Young Alumni. In 2018, she was awarded the Paul G. Hearne Emerging Leader Award from the American Association of People with Disabilities.

    Emily is the Editor in Chief of the Rooted in Rights Blog, a platform focused on amplifying authentic writing on disability rights issues. And, she is a co-host of The Accessible Stall Podcast.

    Emily’s writing has been published on websites including The New York Times, SELF, Salon, Vice, and Huffington Post. Emily has spoken before numerous audiences, ranging from a panel about the 25th anniversary of the Americans with Disabilities Act at the U.S. Department of Education, to a keynote presentation at the 2018 TASH Conference.

    All of Emily’s activism is driven by her belief that if we want the world to be accessible to people with all types of disabilities, we must make ideas and concepts surrounding disability accessible to the world.

    disabilityrights

    Links


    Emily’s web site


    Emily on Facebook


    Emily on Twitter


    The accessible Stall podcast

    Some of the Points Made

    • Disability is common in Emily’s family.
    • Disability doesn’t have to be a secondary thing. Treat it as a part of who you are. Spending time with self-assured people with disabilities can help.
    • Embrace the bad experiences. They can become stepping stones to better experiences.
    • People who want a career in communications need to just start. You’ll improve over time. Also, not everyone is meant to be in that field.
    • Emily wants subminimum wage to be a thing of the past.
    • In terms of having fun, Emily likes to step away from her technology every now and then.
    • Your activist hat doesn’t need to be on all the time.

    Thanks to Emily for a great conversation.


    DIW – Sexual Abuse and People with #Disabilities Apr 09, 2019
    Show notes

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed.

    Shadows of Person Threatening and Wheelchair User on the PhoneI know everyone was watching the news about the Hacienda HealthCare facility in Phoenix, Arizona, where a 29-year-old patient had been raped several times, and the staff had no idea she was pregnant until she went into labor and gave birth to a healthy baby boy on December 29th.

    Originally the story posted that she was in a coma. That has been corrected by her parents who described her as intellectually disabled because of seizures in early childhood. While she doesn’t speak, she has some mobility in her limbs, head and neck. She also responds to sound and can make facial gestures. What bothers me is that this isn’t some piece of meat on a table but that this was a vulnerable woman who was well aware of what was being done to her.

    Nathan Sutherland was the nurse who was supposed to be looking after her; and instead raped her. He was arrested in January after Phoenix police said his DNA was tied to the baby. Last month, his attorney said there was “minimum evidence” his client committed the crime. Really? The first of what will probably be many hearings, was yesterday.

    But let’s get real here. People with disabilities are sexually assaulted at nearly three times the rate of people without disabilities.

    • A 2005 survey of people with disabilities indicated that 60 percent of respondents had been subjected to some form of unwanted sexual activity. Unfortunately, almost half never reported the assault.
    • Approximately 80% of women and 30% of men with developmental disabilities have been sexually assaulted. The part that is really awful? Just 3% of them are ever reported.
    • The vast majority of sexual assaults, 80 to 90%, are committed by someone the victim knows. And for many people with disabilities, comes from caregivers.

    The only reason Nathan Sutherland was caught, was because the woman gave birth. Notice, I didn’t say “got pregnant” because a very small, very jaded part of me wonders if some facilities don’t just “get such things taken care of” out of the light of day.

    The #MeToo movement has drawn much attention to sexual harassment and sexual abuse, I can only hope that as it garners more attention and visibility it continues to include disability. As of right now, even with the persistence and support of parents, family members and friends, victims with disabilities are not receiving justice.

    What is also disturbing, and is particularly important as related to disability, is that in many instances, the person who has a disability may rely on the perpetrator for care or support, making it even more difficult to come forward. Today, more and more women, including women with disabilities are coming forward to share their stories. We are not looking at just “ways to protect” but examining perpetrators and the structures and institutions that protect them and allow them to continue their behaviors.

    • If you know of or suspect sexual assault or abuse please contact your local police station or 911. You do not need proof to file a report. If the person being abused is considered a vulnerable adult under your state laws, you may also be able to contact the local Department of Human Services or Department of Social Services.
    • If you or someone you know has been a victim of sexual assault or abuse, to speak with someone wo is trained to help, call the National Sexual Assault Hotline at 800-656-HOPE (4673). If you are Deaf, you can access help via video phone 1.855.812.1001 (Monday to Friday 9 a.m.—5 p.m. PST) contact the Deaf Abused Women’s Network (DAWN) for legal, medical, system advocacy, and survivor support services. Video Phone: 202.559.5366.
    • You can also chat online anonymously with a support specialist trained by RAINN (Rape, Abuse & Incest National Network) at online.rainn.org. The support specialists who answer hotline chats are specially trained to respond with respect, patience, and understanding.

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. Please be safe out there. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    ____________

    DISCLAIMER: Comments and opinions expressed in this podcast should in no way be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host. Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.

    Resources

    RAINN (Rape, Abuse & Incest National Network) https://www.rainn.org/

    Meet Too Movement. https://metoomvmt.org/

    The Sexual Epidemic No One Talks About. https://www.npr.org/2018/01/08/570224090/the-sexual-assault-epidemic-no-one-talks-about

    Sexual Assault and Survivors with Disabilities: https://sapac.umich.edu/article/56

    Disability Justice: Sexual Abuse: https://disabilityjustice.org/sexual-abuse/

    Disabled World News (2012-11-20) – People who experience forms of disabilities may face limited options where escaping from abusive relationship is concerned: http://www.disabled-world.com/disability/sexuality/assaults.php#ixzz2SXMEQWra


    Disability Report – March 31, 2019 Apr 05, 2019
    Show notes

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed. This is the Disability Report for March 2019.

    JUSTICE: March 1st is known within the disability community as the Disability Day of Mourning. It is the day when the disability community comes together to remember the victims of filicide – people with disabilities who were murdered by their family members. Vigils are held on March 1st in cities around the world. Recognized since 2012, the vigils have been supported by the Autistic Self Advocacy Network, ADAPT, Not Dead Yet, the National Council on Independent Living, the Disability Rights Education & Defense Fund and other disability rights organizations. In March 2017, the Ruderman Foundation issued a report that provided more concrete numbers to the number of people with disabilities murdered by their caregivers.

    They documented more than 200 deaths from 2011 to 2015. And of course, that is only those that merited media attention. There currently is no way to capture all of these murders based on disability. And perhaps what is more disturbing is the public perception and media focus on the killer rather than on the victim. It is seen as a “mercy” or as “ending suffering” or an “overwhelmed caregiver” in fact blaming the victim for their own death. One person with disabilities is killed by a parent or caregiver each week and the Disability Day of Mourning is a recognition of those lives taken, and lives forgotten as worth less than those of able bodied.

    On Media Coverage of Murder of People with Disabilities by their Caregivers – https://issuu.com/rudermanfoundation/docs/murders_by_caregivers_wp_final_fina

    DEFINITIONS: Words matter. We know this. We’ve been told this over and over. James Skoufis of the 39th Senate District of the State of New York is taking that to heart. He is the sponsor of Senate Bill S4276. The bill makes technical corrections to references to the Office of Mental Retardation and Developmental Disabilities, changing it to the Office for People with Developmental Disabilities. It is not an office for the condition, but for people.

    Legislation for changes in statute the Office of Mental Retardation and Developmental Disabilities – https://www.nysenate.gov/legislation/bills/2019/s4276

    HEALTHCARE: The Charles and Margery Barancik Foundation and Gulf Coast Community Foundation commissioned the University of South Florida to conduct a scan of mental health services in May 2018. The goal was to identify strengths and gaps in the system and prioritize ways to make the system work for youth and families. The study revealed the annual economic cost of untreated mental illness for children and young adults in Sarasota County is nearly $86.2 million. This is primarily from suicide, criminal justice, education, and worker productivity.

    Roughly 15 percent of Sarasota County’s residents are under 18 years old, or around 60,488. About one in five experiences a severe mental disorder during their life. Half of all chronic illness begins by the age of 14, and three-quarters by the age of 24.

    Florida ranks 50th in mental health services, according to the Florida Policy Institute. The state has the third-highest percentage of mentally ill persons who are also uninsured.

    In 2014, the state provided just $36.05 per person in support of mental health services, less than one-third of the U.S. average of $125.90.

    The study specifically highlighted a lack of inpatient care, residential treatment programs, independent living options for adults, case management, post-discharge services from crisis stabilization units, and youth psychiatric treatment.

    The study doesn’t solve the problem but it puts hard numbers and a price to what many disability and mental health advocates have known for years.

    Sarasota County Mental Health Scan – https://barancikfoundation.org/campaigns/mental-health-scan/

    SOCIAL SECURITY: The Social Security Administration is looking at expanding social media monitoring capability to front-line agency staff who work with claimants in the initial stages, before any investigations have been initiated.

    So let me clear something up. Fraud investigators have always had full access to social media newsfeeds. They can use it if they suspect you might be receiving SSDI fraudulently. We have a great example of that from 2014 when the Social Security Office of the Inspector General (OIG) used social media reviews to help arrest more than 100 people who defrauded SSDI out of millions of dollars. Investigators found photos on the personal accounts of disability claimants riding on jet skis, performing physical stunts in karate studios and driving motorcycles.

    But this is expanding it so regular SSA staff can review social media. The idea bothers me. Think about it. Social media is someone’s CURATED life. That doesn’t mean you see everything. You won’t see the days someone spends all day in bed because of chronic pain; dates when photos were shot are not always clear; let’s get real, what medical and rehabilitation knowledge do front-line Social Security Administration staffers actually have? Just because you have a disability doesn’t necessarily prevent you from participating in a variety of activities. Who determines what is “suspicious”? I’m blind. I’m a filmmaker. On its face, I imagine that might sound out-of-the-pale. But it doesn’t change the truth that I still have a disability.

    There is a list of federal government list of programs at highest risk for making improper payments. It is compiled by the Office of Management and Budget does not even mention Social Security.

    Unfortunately, this is one more example of where policymakers, regardless of political affiliation keep getting told the same story about fraud and waste in Social Security, in SNAP, in TANF, in Medicaid, in any of the benefits given to those who do not work. The cost of many of these monitoring programs usually ends up being much higher than the actual fraud within the programs. Now THAT is real government waste.

    US Government Weights Social Media Snooping to Detect Social Security Fraud – https://www.reuters.com/article/us-column-miller-socialmedia/us-government-weighs-social-media-snooping-to-detect-social-security-fraud-idUSKCN1RA12R

    ASSISTED SUICIDE: New Jersey may become the next state to approve of physician-assisted suicide. A 1504, introduced by Assemblyman John Burzichelli in 2018 was later amended and held over to 2019. The bill allows adults with a prognosis of six months or less to live to get a prescription for life-ending medication. Basically a prescription of pills that the patient can self-administer at home. To date, California, Colorado, Oregon, Vermont, Washington, Hawaii, Montana and the District of Columbia allow physician-assisted suicide. The bill requires a second opinion, counseling to determine that the patient has the mental capacity to make the decision.

    Having passed, on March 25, 2019, in both the New Jersey Assembly and Senate, A1504/S1072, Aid in Dying for the Terminally Ill Act, is awaiting Governor Phil Murphy’s signature.

    New Jersey is about to legalize medically assisted suicide for the terminally ill – https://www.cnn.com/2019/03/26/health/nj-assisted-suicide-trnd/index.html

    “Aid in Dying for the Terminally Ill Act” (A 1504) – https://legiscan.com/NJ/text/A1504/id/1758781/New_Jersey-2018-A1504-Amended.html

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    ____________

    DISCLAIMER: Comments and opinions expressed in this podcast should in no way be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host. Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.


    DIW – College Admissions Scandal, Standardized Testing, and #Disability Mar 20, 2019
    Show notes

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed. Today, I want to take a few minutes to talk about the recent college admissions scandal, reflect a bit on what happened, and what it means for students with disabilities.

    Students in blue uniforms sitting at desks in rows filling out test papers animated gifIt is impossible to look at the news in the last few weeks and not hear about the college admissions cheating scandal. Operation Varsity Blues was an FBI operation that resulted in 50 people being charged with bribery and mail fraud. They were part of a complex cheating scheme to get unqualified children of rich parents into elite colleges.

    One of the key elements that impacts the disability community is how, affluent parents paid to have their children diagnosed with learning disabilities so they could get special accommodations on the SAT and ACT college entrance exams. Those accommodations can include extra time on tests or allowing them to take their exam in a room alone with just a proctor to minimize distractions.

    This is not a new discovery. In 2010, a California audit of College Board test takers “showed a disproportionate number of white, affluent students receiving accommodations, igniting suspicions of exaggerated or nonexistent disabilities”. In 2006, ABC reported the practice of “diagnosis shopping?—?a cottage industry of doctors and medical professionals, all willing to give students the documentation they need to get the extra test time they want.”

    Why the sudden increase and interest in using a learning disability to get a “leg up”? It actually goes back to 2003 where the College Board had been sued. Previously they “flagged” the scores of students who took the SAT with extra time. I remember being pissed that my tests were “flagged”. I didn’t want a college application committee to know about and/or judge me by my disability until I chose to disclose it. The flagging intimated that my scores weren’t as “valid” as a non-disabled student’s score. So I was glad to see the practice done away with. After the “flag” was dropped, colleges would have no way of knowing that the test was taken under nonstandard conditions. Of course this now had the unintended side effect of not just reducing the stigma for disabled students but created an INCENTIVE for folks to game the system. You no longer would carry the “scarlet letter D” for disability on your scores.

    Let me quote from one of the affidavits that were filed in the case: “What happened is, all the wealthy families that figured out that if I get my kid tested and they get extended time, they can do better on the test. So most of these kids don’t even have issues, but they’re getting time.”

    Accommodations, instead of being viewed as a “levelling of the playing field”, were viewed as something advantageous and these people were willing to pay hundreds of thousands of dollars, to ensure their children could get them.

    And yet, for many families with youth with disabilities, it is a nightmare of providing testing results and proof of disability, and the constantly changing goalposts of what paperwork is needed for desperately needed accommodations. Diagnostic testing is not cheap, running anywhere from about $1,000 to $5,000. And the bureaucracy to getting accommodations approved can take months. Where students without disabilities might be able to take tests multiple times to improve their scores, a student with a disability, because of the paperwork, ongoing testing, proof of disability, checks and rechecks, if they’re lucky, and their timing is right, they just might get their accommodations approved in time to take the test ONCE.

    And beyond the cost of testing to prove one’s disability and the timing and planning needed to ensure it is in place, there has always been skepticism in academic fields about accommodations. There is a myth that students with disabilities, especially those with learning disabilities are getting something “extra”; that they are lazy and should just work harder.

    What really makes this whole thing bullshit is that research has not shown that additional testing time for students without a disability significantly increases scores. Actually, there is some question about how helpful it is for students with certain learning disabilities. Either you know the material or you do not!

    And let’s get real. Are timed tests actually effective at determining success in college and a career? When was the last time your boss would prefer a half-assed answer in 10 minutes versus a thoughtful analysis in 30 minutes? I remember being in law school and noting the significant difference in my grades between the all-or-nothing text classes – where I usually barely passed; and those classes that were based on a final paper – where I almost always scored in the high 90s. Both required looking at legal problems in detail and providing careful analysis and arguments. I’d argue that I have had a successful career and timed testing was not an accurate assessment of my skills and ability.

    So long after the news has passed on to the juicer scandal-du-jour, students with disabilities will still be dealing with the fallout. Still dealing with test administrators, professors, and programs that think that people with disabilities just need to work harder because their necessary accommodation is “an unfair advantage”. Maybe, just maybe, we need to do away with timed tests as determinants of a young person’s future and look for ways that are actual indicators of success.

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    ____________

    DISCLAIMER: Comments and opinions expressed in this podcast should in no way be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host. Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.

    Resources

    What We Know About The College Admissions Cheating Scandal – https://www.cnn.com/2019/03/13/us/what-we-know-college-admissions-cheating-scandal/index.html

    Why The College Admissions Scandal Hurts Students With Disabilities – https://www.npr.org/2019/03/14/703006521/why-the-college-admissions-scandal-hurts-students-with-disabilities

    Students With Disabilities Fear Fallout From College Admissions Scandal – https://www.edweek.org/ew/articles/2019/03/20/students-with-disabilities-fear-scandals-fallout.html

    Accommodations Angst – http://www.nytimes.com/2010/11/07/education/edlife/07strategy-t.html

    Does Loophole Give Rich Kids More Time on SAT? – https://abcnews.go.com/Nightline/loophole-give-rich-kids-time-sat/story?id=1787712


    Bullying and Disability Feb 26, 2019
    Show notes

    IMAGE: Map of the US with states colored in that have show anti-bullying laws and policies. Laws and policies are blue. Laws only are Red. Only 7 states just have laws. The rest all have both.

    INTRODUCTION

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed.

    POST

    Recently I’ve been thinking about bulling. We’re all familiar with what bullying is right? Bullying is unwanted, aggressive behavior (usually among school aged children and youth) that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. It is verbal, it is social, it is physical, it is even digital now with so many young people spending hours on their phones, tablets, and computers.

    Michelle Carter was a teenager and when her 18-year-old boyfriend texted her and said he wanted to kill himself, she urged him on. Goaded him into it. He killed himself by filling his truck with carbon monoxide in a parking lot in Fairhaven, Massachusetts. The courts just upheld her manslaughter conviction. The judge ordered her to serve 15 months in prison. But the case isn’t over yet. There are many arguing that she is being punished for “speech.”

    A CDC survey in Massachusetts in 2017 found that of nearly 1 million K-12 students, 15 percent reported being bullied in school or online, while 12 percent said they had contemplated suicide. Students with disabilities are bullied more than their non-disabled peers. In fact, recent studies show they are likely to have been bullied more than three times as much. If you do the maths that is a terrifying number, that is more than 1/3 of kids with disabilities who have contemplated suicide. Even if it doesn’t lead to suicide, bullying can lead to school avoidance and increased absenteeism, dropping grades, an inability to concentrate, anxiety, depression, a loss of interest in academic achievement, and behavioral outbursts in some youth.

    In 2014, the Administration sent out a Dear Colleague letter highlighting the impact of bullying on children with disabilities and specifically invoked the Individuals with Disabilities Education Act (IDEA) which requires that each child who has a disability and qualifies for special education and related services must receive a free appropriate public education (FAPE). Basically, that bullying interferes with that access to a free and appropriate public education. The letter also highlighted Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 because the harassment denies a student with a disability an equal opportunity to education.

    And of course this isn’t just in person. More and more we are seeing young people bullied and harassed via social media, texts, and other electronic communications. A recent study showed that 30 percent of youth ages 10-20 reported experiencing some form of online harassment or victimization.

    In 2017, nine senators asked Secretary Betsy DeVos what resources the U.S. Department of Education was providing schools in order to counter “the recent increase in hateful and discriminatory speech and conduct.” They also asked for the number of ongoing investigations by the department into student-on-student harrassment based on things like race, religion, and sexual orientation, as well as whether the federal task force on bullying prevention would continue.

    And if the Federal government isn’t going to act, some state governments are looking to address the bullying problem themselves.

    California schools will be required to implement procedures to prevent bullying and cyberbullying by the end of 2019. In addition to the new procedures, Assembly Bill 2291, authored by Assemblyman David Chiu, D-San Francisco, requires school employees who regularly interact with students to have access to a bullying and cyberbullying training module developed by state officials.

    Two additional bills — Assembly Bill 2022 and Senate Bill 972 — approved towards the end of 2018 will improve access to mental health services by adding the National Suicide Prevention lifeline phone number to student identification cards and increase the number of clinical professionals at school campuses. Schools will be required to have at least one mental health professional for every 600 pupils by the end of 2021.

    Oregon’s legislator is sponsoring a plan to direct nearly $2 million per year to address violence and bullying in schools – the “Oregon Safe To Learn Act.”

    I am very glad to see the states taking on bullying. What I hope they will be aware of are the many many many documented discrepancies with race by law enforcement and school systems when it comes to kids of color and those with disabilities that may lead to challenging behaviors. In 2018, the federal Government Accountability Office found that in public schools, black students, boys and students with disabilities were significantly more likely to be suspended or expelled. We don’t know how many youth with disabilities are being bullied by adults, punished for noncompliance and otherwise harassed because of their disability. I just hope that as states are looking at solutions they keep that in mind.

    CLOSING

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    __________________________________

    REFERENCES

    • Stop Bullying – https://www.stopbullying.gov/
    • Pacer Resources for Students with Disabilities and Bullying – https://www.pacer.org/bullying/resources/students-with-disabilities/
    • Her Texts Urged Boyfriend to Kill Himself – https://www.washingtonpost.com/crime-law/2019/02/06/her-texts-urged-boyfriend-kill-himself-judge-just-upheld-her-conviction/?utm_term=.75c4643f4981
    • Understanding the bullying dynamic among students in special and general education. Journal of School Psychology by Swearer, S. M., Wang, C., Maag, J. M., Siebecker, A., B., & Frerichs, L. J. (2012).
    • Democrats as DeVos about Bullying in Schools – http://blogs.edweek.org/edweek/campaign-k-12/2017/10/democrats_ask_devos_hateful_bullying_schools.html
    • Youth with disabilities have increased risk for technology-involved peer harassment https://www.sciencedaily.com/releases/2019/01/190122125550.htm
    • Oregon Legislation on Bullying in Schools – https://www.salemreporter.com/posts/476/legislature-takes-on-bullying-and-suicide-in-schools
    • Bullying in Special Education – http://www.huffingtonpost.com/2014/10/22/bullying-special-ed_n_6031078.html
    • Kids with Disabilities are at Risk of being Bullied by Adults – https://www.wwno.org/post/kids-disabilities-can-be-risk-bullying-adults
    • Dear Colleague Letter from Department of Education – http://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf

    Disability Report – February 19, 2019 Feb 19, 2019
    Show notes

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed. This is your Disability Report for the week of February 19, 2019.

    Housing/International

    On January 25th, the Supreme Court of Canada (SCC) released a landmark decision in S.A. v. Metro Vancouver Housing Corporation. In this case, the housing authority wanted to take into account the S.A.’s Henson Trust. For those of you who may not know, Henson Trusts in Canada are like our ABLE Accounts. Ours are tax-advantaged savings accounts for individuals with disabilities and their families. They’re still pretty new here as the ABLE Act only just passed in 2014.

    It’s based on the idea that millions of people with disabilities and their families depend on a wide variety of public benefits for income, health care and food and housing assistance. Eligibility for many of these public benefits require meeting a means or resource test that stops people from building any savings for accessible housing, transportation, assistive technology etc.

    So the Supreme Court of Canada agreed that Henson Trusts should NOT be considered an asset by the housing authority, allowing Canadian citizens to receive a housing subsidy for accessible housing without bankrupting themselves.

    http://www.ccdonline.ca/en/humanrights/litigation/media-advisory-25Jan2019

    Employment

    In February, the Kessler Foundation and University of New Hampshire released the nTIDE Report focusing on disability employment.

    In the Bureau of Labor Statistics (BLS) Jobs Report, employment for working-age people with disabilities decreased slightly from 29.9 percent in January 2018 to 29.8 percent in January 2019. For working-age people without disabilities, employment increased from 72.7 percent in January 2018 to 73.6 percent in January 2019.

    But what is perhaps a bit more disturbing is the labor force participation rate for working-age people. The labor force participation rate is the percentage of the population that is working or actively looking for work. Employment rates show people who are working and/or not working. This shows those who are still trying to be employed and those who have given up and no longer in the workforce.

    For people with disabilities, it was 33 percent in January 2018 and remained at the same level (33 percent) in January 2019. So basically, 67% of people with disabilities are not even participating in the system. Only 33% are in the workforce at all. And that number hasn’t changed. Now lets compare it to working-age people without disabilities, their labor force participation rate increased from 76.1 percent in Jan. 2018 to 76.9 percent in January 2019.

    https://iod.unh.edu/article/2019/02/ntide-january-2019-jobs-report-job-numbers-hold-steady-americans-disabilities

    Culture

    February brings some great news by way of disability culture. New Jersey becomes second state to require schools to teach LGBT and disability-inclusive material. Children in the New Jersey school system will be exposed to “the political, economic, and social contributions of persons with disabilities”. While the focus of the discussion has been primarily on LGBTQ history, having disability included is a big win. California already has such a law in place. Here’s hoping those textbooks get updated with some great suggestions (Beyond Helen Keller and Franklin Delano Roosevelt). I for one, would love to see some people of color with disabilities and their contributions highlighted.

    https://www.cnn.com/2019/02/01/us/new-jersey-lgbt-disability-curriculum-trnd/index.html

    Transportation

    What most wheelchair users with disability know is that only a quarter of NYC subway stations have elevators. They are also aware that many many of the elevators end up out of service with little to no warning and poor information as to when they will be repaired. In January, a young mother, Malaysia Goodson, died while trying to haul her 1-year-old and a stroller down the steps of a Midtown subway station. A station that has no elevators. This is horrific and heartbreaking. And something disability transportation activists have been trying to address for decades. Currently, the city is embroiled in two separate lawsuits with disability rights advocates over subway accessibility. Mayor Bill de Blasio (D) wrote on Twitter. “The subway system is not accessible for everyone and that’s an environment the MTA should not allow.” Let’s hope some good can come of this tragedy.

    https://www.washingtonpost.com/outlook/2019/02/02/that-tragic-new-york-subway-death-didnt-surprise-people-with-disabilities/?utm_term=.a88cdc7ea81d

    Healthcare

    On February 11, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced that it has successfully resolved a complaint against the University of North Carolina Health Care system (UNC Health Care) alleging that it denied an individual the opportunity to be placed on the United Network for Organ Sharing (UNOS) list on the basis of their disability. The complaint was that a doctor decided that a person with intellectual disability was not a good candidate for a heart transplant because of their developmental disability and because they could not live independently.

    UNC Health Care will amend the patient’s medical records to say that they are eligible to be considered for a spot on the transplant list and HHS’ Office for Civil Rights said that it will provide technical assistance to the health care system in the development of their transplant eligibility policy.

    But….just in case you think that this was an easy win. UNC Health care denies that they ever denied anyone access to a transplant because of their disability. So what does that mean?

    https://www.hhs.gov/about/news/2019/02/12/ocr-resolves-disability-complaint-individual-who-was-denied-opportunity-heart-transplant-list.html

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    ____________

    DISCLAIMER: Comments and opinions expressed in this podcast should in no way be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host. Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.


    Disability Report – January 7, 2019 Jan 07, 2019
    Show notes

    Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed. This is your Disability Report for the week of January 7, 2019.

    Healthcare

    The Missouri Legislative session starts on January 9. Legislation has been pre-filed for the upcoming session that would expand insurance coverage for developmentally disabled individuals.

    Therapy for most developmental disabilities can cost up to $100 an hour with individuals sometimes needing multiple sessions a week; sometimes for months or even years. Think about speech therapy or occupational therapy or physical therapy…these are just not one-and-done types of activities. And Insurance plans tend to cap coverage at 20 visits. To make up for that, some families are trying to pay out of pocket and that can total up to more than $15,000 a year.

    In 2010, Missouri lawmakers passed a law that provided insurance coverage for therapy for those on the Autism spectrum. The new bill expands that coverage to include those with any developmental disability so would cover conditions such as cerebral palsy and Down Syndrome.

    https://www.missourinet.com/2019/01/02/missouri-group-backs-legislation-to-cover-kids-developmental-disabilities/

    Education

    Mental Health and Schools. Over and over we are told that mental health is as critical as physical health. Nowhere is this as critical as in our school systems. Federal funding in Title IV, Part A of the Every School Succeeds Act (ESSA) passed in 2015 includes a flexible block grant program known as Student Support and Academic Enrichment Grants (SSAEG). These grants would cover activities in three areas:

    1. Programs such as college and career counseling, STEM, arts, civics and International Baccalaureate/Advanced Placement.
    2. Mental health, drug and violence prevention, training on trauma-informed practices, and health and physical education.
    3. Supporting the effective use of technology that is backed by professional development, blended learning and ed tech devices

    Roland-Story students in Iowa will now have access to mental health services with Okerberg and Associates, which will provide the services to the district for a 22-week period. The school board also voted to request funds for at-risk and dropout prevention. Roland-Story is requesting $246,000 from the state to support this program.

    What is sad to me is that Roland-Story has requested these funds for over a decade.

    https://www.amestrib.com/news/20190101/roland-story-approves-agreement-for-mental-health-services

    Technology

    As a part of the CVAA (the 21st Century Communications and Video Accessibility Act of 2010) starting from January 1, 2019, any video and computer games in the US must ensure they are accessible to people with disabilities in regards to communications. Failure to comply will allow complaints to be made to the FCC and possible fines. The International Game Developers Association has just put out some information about how games are affected based on their development progress.

    In addition to making sure that games are accessible those with disabilities, the creation of the game must have these conditions in mind early in development and involve disabled people in the design or testing process.

    Should the game not meet the standards and fail to comply, if a customer complains to the Federal Communications Commission or FCC, then it is possible the developer may be fined. (Of course not all games can be made fully accessible, but the FCC’s job is to mediate and look into efforts to fix the issues).

    https://www.dualshockers.com/cvaa-2019-games-to-be-made-accessible-for-disabilities/

    Housing

    Since the 1970s, in return for access to federal flood insurance, the Federal government requires that all buildings and homes being constructed (or renovated) near water, be built at least as high as 100-year flood levels. In the last few years we’ve been seeing more hurricanes and floods and more houses and shops being damaged. We’re also seeing more governmental pressure to raise these buildings even higher – like 15 to 20 feet higher. The unintended consequence is that people with disabilities cannot access these buildings at all and are slowly being pushed out of these (usually ocean-side) communities.

    This recently came to a head in Florida at a hearing of the International Code Council, which sets the model codes. Florida officials sought to change the national model building code to allow park restrooms in flood zones to be built at ground level to ensure that the facilities would remain accessible for people with disabilities. Ramps wouldn’t cover the 20ft height raise and an elevator is impractical in the salt-water air.

    The Federal Emergency Management Agency responded by publicly threatening any state that adopted that change with expulsion from the federal flood insurance program. The ICC approved Florida’s proposal. But I doubt this’ll be the last we see if the issue of housing and community access for people with disabilities in flood zones and with the changing climate, there will likely be more of these kinds of challenges.

    https://www.bloomberg.com/news/articles/2018-12-21/as-floods-push-homes-higher-the-disabled-risk-being-pushed-out

    International

    In international news I just wanted to highlight the Irish Examiner and their article about the long delays for disability assessments in Cork and Kerry.

    The Report on the Future Needs of Disability Services (April 2018) estimated an additional 400 posts are required to provide adequate staffing levels to meet the demand for children’s disability services.

    https://www.irishexaminer.com/breakingnews/ireland/cork-and-kerry-disability-waits-worst-in-country-895071.html

    And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening.

    ____________

    DISCLAIMER: Comments and opinions expressed in this podcast should in no way be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host. Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.


    DIW – Q&A: Service Animals, Support Animals, and the Laws Oct 22, 2018
    Show notes

    Hello and welcome to Q&A day here at Day in Washington. Today’s question comes from a panel I was on as a part of a Disability session for the State Department. I thought it was a fantastic question so am including it in here. Service dog Kain, a Collie Bernese mountain dog mix cross at the Parthenon

    QUESTION:

    I was wondering if you were comfortable addressing the difference between service animals and support animals and kind of elaborate on the topic of service animals in the workplace.

    ANSWER:

    Nowadays there are a lot of questions about service animals, service dogs, psychiatric service animals, emotional support animals – I could go on and on – what is the difference and what does the law say. There is a lot of confusion, in part, because there are multiple laws that cover service animals. Even the terminology differs!

    Let me start with the Americans with Disabilities Act. That is the law that people are most familiar with. The ADA and its regulations are under the purview of the Department of Justice. Laws are usually pretty vague. Think along the lines such as “thou shalt not discriminate against some with a disability”. Regulations, written by Federal Agencies flesh that out into the rules of access. So the Department of Justice has detailed out the rules around service animals under the ADA. They just rewrote their regulations on service animals in 2010.

    In it they defined a service animal as a, “dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.” These dogs are allowed out in public spaces because they assist the person to actually manage their disability and BE out in these “places of public accommodation.”

    Note they specifically only refer to dogs. The original regulations just said “animal” but it is now dogs only.

    So….does this count if the dog is for a mental health condition? Yes. If the dog is trained to perform a task that helps mitigate the individual’s disability. So the dog is actually DOING something. A psychiatric service dog, if you will.

    Also, let me just add, under the ADA you are NOT required to provide any paperwork or “proof” that the animal is a service animal. You can be asked “Is that a service animal?” and “What task does he/she do for you?” and that is it.

    So……..how is this different from an Emotional Support Animal (ESA)?

    Well, remember how we were talking about service animals under the Americans with Disabilities Act? And how it is managed by the Department of Justice? Well, the Fair Housing Act deals with discrimination in housing and falls under the purview of the Department of Housing and Urban Development. So this relates to animals and housing NOT out in public (although some folks will try to take ESAs out in public and argue that it is acceptable. Short answer – no it is not).

    Their definition includes “Emotional Support Animals” that provide support and help to ameliorate the symptoms of disabilities such as depression, anxiety, and post-traumatic stress disorder. Note, unlike DOJ’s definition where the dog is trained to do specific tasks (including to assist with psychiatric health conditions), the emotional support animal helps an individual’s mental health by its companionship alone. It isn’t necessarily trained to do anything. Also note, the Fair Housing Act uses the term “animal” so it not restricted to dogs. There have been cats, birds, reptiles, and many other species. For the Fair Housing Act, all an individual needs to do is provide a letter from their physician stating their need for an emotional support animal.

    So now, let’s go to the most recent of laws that talks about service animals – the Air Carrier Access Act (ACAA). Rather than choosing to follow the DOJ or HUD, they created their own definition that is a bit of a mix of both of the older regulations. Under the Air Carrier Access Act a service animal is “any animal that is individually trained or able to provide assistance to a person with a disability; or any animal that assists persons with disabilities by providing emotional support.”

    So they allow any animal, like the Fair Housing Act. And you can already see the problems with that….service pigs, service snakes, the infamous peacock that made the news, and even a service tarantula. Yeah…..I have my doubts about that one too.

    They also seemed to muddle the definition a bit when it came to service animals, psychiatric service animals and emotional support animals. Remember earlier? I’d said service animals (including those for mental health conditions) were those trained to actively do a task to help mitigate the person’s disability and emotional support animals where those whose presence has an impact, and aren’t necessarily trained to DO anything. The ACAA says that if your service dog provides mental health assistance doing a task or is an emotional support animal BOTH have to provide a letter from a physician stating the need for the animal, but if it is a service dog for a physical disability, a letter is not necessary.

    Relating to your original question, service animals in the workplace fall under the ADA so would have to meet the DOJ’s stricter definition – “dogs only” and they must be trained to do a task that helps mitigate the disabilities. The FHA and ACAA definitions that allow for other animals and allow for emotional support are not relevant or legally supported in the workplace.

    Three different laws, three different agencies and they all look at service animals and emotional support animals and access a little differently. It is no wonder individuals and business owners are confused.

    If you have a question you’d like to have answered leave us a comment at DayInWashington.com or connect with us on Facebook or Twitter. We want to hear from you, because democracy (and access) belongs to everyone. Thank you for listening.

    References for further reading:

    Department of Justice ADA Q&A – https://www.ada.gov/regs2010/service_animal_qa.html

    Fair Housing Act and Service Animals – https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF

    Air Carrier Access Act – https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals-including-emotional-support-animals

    Veni, off-duty guide dog, yellow lab with fencing bag

    Note: Answers should not be construed as legal advice. Nor are they to be considered representative of opinions, statements or policies of any organizations, affiliations, employers or agencies connected with the host.

    Audio production provided by Chris Wright. Music is “If by Force” courtesy of the Podsafe Music Network and Twenty Twelve Records.


    Structured Negotiation with Lainey Feingold Aug 15, 2018
    Show notes

    On this episode, we speak with Lainey Feingold about structured negotiation.

    Lainey Feingold is a disability rights lawyer focusing on digital access, an international speaker, and the author of Structured Negotiation, A Winning Alternative to Lawsuits.

    Structured Negotiation is a collaborative problem-solving strategy with a twenty year track record of resolving complex disability civil rights claims without lawsuits. Lainey’s Structured Negotiation negotiating partners include Bank of America, The City of San Francisco, Walmart, CVS and dozens of other public and private organizations.

    Lainey’s book is packed with win-win stories of accessibility advocacy, all without lawsuits. In 2017 Lainey was named one of the 13 Legal Rebels by the ABA Journal, the national magazine of the American Bar Association. That year she was also named the individual recipient of the John W. Cooley Lawyer as Problem Solver award, given annually by the Dispute Resolution Section of the ABA. Lainey has twice been recognized with a California Lawyer Attorney of the Year (CLAY) award (2000 and 2014) for her digital accessibility and Structured Negotiation legal work.

    Questions Asked And Answered:

    • What is structured negotiation?
    • What makes structured negotiation different from filing lawsuits?
    • How long can it take?
    • What made Lainey want to do this work?
    • What advice does she have for advocates?

    Links


    link to her web site


    To connect with her on Twitter, click here.


    To connect with her on Linked In, click here.

    Other Items Mentioned


    Accessible pedestrean Signals


    straw ban


    View the transcript of this episode.


    “Competitive Integrated Employment” and the Workplace Choice and Flexibility for Individuals with Disabilities Act (HR 5658) Aug 03, 2018
    Show notes

    Today’s show is about Competitive Integrated Employment. What is it? What does the term mean? Where did it come from? And how does it all intersect with the new Workplace Choice and Flexibility for Individuals with Disabilities Act (HR 5658)? INTRODUCTION Hello and welcome to Day in Washington, your disability policy podcast. I’m your host Day Al-Mohamed working to make sure you stay informed. Recently, there has been a lot of discussion around the Workplace Choice and Flexibility for Individuals with Disabilities Act and competitive integrated employment. Including a massive protest on the Hill by disability group ADAPT. What is competitive integrated employment? And why all the fuss? BACKGROUND This issue actually has a fairly long history and involves more than one law so bear with me as I try to give a bit of context. This is about disability employment and it goes all the way back to the early 1930s. During those years, as a way to encourage employment for as many people as possible, the National Industrial Recover Act (NIRA) created a system of certificates that allowed for productivity-based wages for people with disabilities. Basically, if a person with a disability couldn’t make widgets as fast as the non-disabled guy, the company was allowed to pay him less. Sounds like that makes sense, right? Especially, in a country trying to recover from the Great Depression. It gets as many people jobs as possible. This was made permanent in the Fair Labor Standards Act of 1938. It is Section 14(c) and formally allows employers to pay wages below the federal minimum to employees who have disabilities. That same year, the Wagner O’Day Act was passed requiring that all federal agencies purchase certain supplies and services from nonprofit agencies who employed people who are blind. Basically, the government HAD to buy the mops and brooms, made by blind people, in these non-profits. The program was expanded in 1971 to include people who have other significant disabilities and renamed the Javits-Wagner O’Day Act (JWOD). It was renamed again in 2006 as AbilityOne. So, let me give you a little idea about how big this industry is. Currently, there are more than 600 of these non-profits who produce products and services under the AbilityOne Program and the Federal government MUST buy these products from them. More than mops and brooms, it is now pencils and paper, military uniforms, and beyond physical products, there are contracts for services like cleaning and cafeteria and commissary work. In FY2015 alone, the Federal Government purchased more $3.2 billion of products and services. The laws about disability employment start to intersect with the general perception that many of the AbilityOne non-profits use Section 14(c) in segregated work centers aka sheltered workshops. To qualify to an AbilityOne non-profit, at least 75% of the work must be done by people who are blind or have other significant disabilities. By using Section 14(c), the labor cost for these companies is significantly lower than comparable private companies who pay “regular rates” for labor. I keep talking about AbilityOne and their non-profits and it seems kind of large and amorphous. To bring this down to reality and to an entity you might be familiar with – Goodwill Industries. Goodwill, you know, where you donate all your old clothes and children’s outgrown toys…they are an AbilityOne non-profit. So now, let me get to the nitty-gritty details of the issue…and a third piece of legislation. The Workforce Innovation and Opportunities Act (WIOA), was signed into law in 2014. I won’t drown you in all the details but let me highlight a couple of “biggies.” WIOA updates the Rehabilitation Act of 1973. The part we are specifically interested in is where it oversees the vocational rehabilitation system which helps people with disabilities get the support and training they might need to get a job. The new WIOA regulations require that vocational rehabilitation’s goal is to place people with disabilities in “competitive integrated employment”. Those are jobs that provide: competitive earnings, integrated location, and opportunities for advancement. If a job fails to satisfy any one of these three components, the employment will not meet the definition of competitive integrated employment and will not be allowed under the VR program. As an FYI, WIOA also limited the use of subminimum wage. In fact, according to the Maryland Department of Rehabilitation, the U.S Department of Education, Rehabilitation Services Administration (RSA), has determined that business settings established specifically for the purpose of employing individuals with disabilities are unlikely to meet the integrated settings requirement in the definition of competitive integrated employment (CIE). Remember those non-profits under AbilityOne? Let me quote: “This includes positions that are funded through the operation of contracts under the Javits-Wagener-O’Day Act, known as AbilityOne, or State purchasing contracts, that require the hiring of a specific number of individuals with disabilities. Because RSA has determined that these set-aside jobs are not typically found in the competitive marketplace…” “Similarly, groups, mobile work crews, or enclaves do not satisfy the integrated location component of competitive integrated employment when the employee’s day-to-day interactions with individuals without disabilities (excluding supervisors and service providers) are merely by chance and are not necessary for the performance of the job. This means an employee is not in integrated employment when interaction with individuals without disabilities occurs only when having a casual conversation unrelated to business, or when arriving, leaving, or taking a break at the same time as individuals without disabilities, or when receiving supervision or support.” In essence, reading this language, I see it as “starving” these kinds of sheltered workshops and segregated settings of people. If vocational rehabilitation (VR) cannot count placement in those settings as a successful closure, fewer people with disabilities will go into those companies/non-profits. CURRENT ACTIVITY AND CHANGES TO THE POLICY/PROGRAM Okay, now knowing that, let’s look at what is happening in 2018 – the Workplace Choice and Flexibility for Individuals with Disabilities Act (HR 5658). The purpose of bill is to amend the Rehabilitation Act of 1973 to clarify the definition of competitive integrated employment. Remember earlier, what I said? That WIOA created a definition in the Rehabilitation act for competitive integrated employment? It had to have three things: competitive earnings, integrated location, and opportunities for advancement. HR 5658, goes directly to the Rehabilitation Act to change that definition. Section 7(5) to be exact. Ability Magazine has a great breakdown on their website where they compare the language of the current Rehab Act with the proposed and you can see the exact changes. I’ve included a link in the show notes. But let me try to sum up. It specifically changes subpart B which talks about the employee with the disability’s interactions with others. The current version says that it only counts as integrated if they interact with other people who are not disabled. AND supervisors and others who are providing services to them do not count. The new language would basically say that just connecting with a non-disabled supervisor or someone whose job is to help them with their employment who is non-disabled is enough for it to count as integrated. The bill also adds language to counter the objection I read earlier from Maryland’s Department of Rehabilitation. Maryland said that interactions that “are merely by chance and are not necessary for the performance of the job” did not make a workplace integrated. The new version includes social and interpersonal interactions with people who the disabled person may “come into contact with during the work day and across workplace settings” and specifically exempts interactions at the work unit level. It also adds a subpart D allowing contracts and subcontracts awarded pursuant as a part of AbilityOne (Chapter 85 of title 41) to count as Competitive Integrated Employment. WHAT THIS MEANS FOR DISABILITY (Breakdown/Analysis) What does changing the definition of “competitive integrated employment” mean to people with disabilities? The simplest answer here is that AbilityOne programs will now fall under the definition of “competitive integrated employment” and therefore would be considered legitimate placement for people with disabilities seeking work. Many organizations representing people with disabilities have responded harshly. Their perspective is that the Rehabilitation Act was created to encourage the employment of people with disabilities more broadly and that his change, instead, makes it easier to funnel people with disabilities into these arguably more limited forms of employment. From Kelly, Buckland, the Executive Director of the National Council on Independent Living. “It is dishonest to equate competitive, integrated, community employment with segregated, sub-minimum-wage work and it is a perversion to call the exploitation of disabled labor ‘Choice’”. Founded in 1982, NCIL represents thousands of organizations and individuals including Centers for Independent Living (CILs) and Statewide Independent Living Councils (SILCs). Let me be fair and point out that the AbilityOne 2014 Annual Report shows that only 4,426 individuals, about 9.5% of the people with disabilities working on AbilityOne contracts were paid less than minimum wage. I also would point out that of their more than 46,000 employees, a total of 13,292 people with disabilities, about 28% work in sheltered workshop settings. Now, I also want to point out that proponents for this legislation are usually connected to the operations of current sheltered workshops and are directly benefiting financially. But they, as well as some family members and individuals with disabilities believe that the expansion is necessary because the WIOA change left fewer possibilities for employment for people with disabilities, especially those with more significant disabilities. OPINION While I can see the need for keeping open a variety of employment opportunities for people with disabilities, I am not sure that changing the definition of “Competitive Integrated Employment” is the best way to do it. Like the words from NCIL’s Executive Director, to me, it does seem disingenuous to basically say, “Hey, we’re going to have these non-profits whose job it is to get jobs for people with disabilities, hire these people with disabilities. About 1/3 are going to work in a sheltered workshop and 10% will make less than $7 hour, but we’re still going to call it competitive integrated work….not unlike working in a “regular” business.” It doesn’t sound right. It is legalized disparate treatment. And from an economic perspective, I am not so sure it is that great either. Hear me out. Remember how the government is REQUIRED to buy certain things from the AbilityOne non-profits. Right now, rather than using the purchasing power of the Federal government to build partnerships with businesses and companies to create jobs, actual competitive, integrated employment for people with significant disabilities, AbilityOne doesn’t seem to connect with the business community at all and instead we have these contracts with non-profits. I get that these specialized non-profits may be able to “go the extra mile” when it comes to people with significant disabilities, but I guess I have a lot of faith in the business and corporate community. Especially if it is good for their business. All they’d need is a little support. The world has changed a lot since 1938; even since 1971, when AbilityOne was created. Societal perceptions about capacity and disability have evolved. Maybe it is time we re-evaluated the things we do to advance employment for people with disabilities? And I don’t think twisting the meaning of competitive integrated employment will stem the tide. And I just wanted to put a mention here of the issues plaguing AbilityOne relating to a 2016 investigation into allegations of fraud and mismanagement. CNN published several damning investigative reports calling it biggest fraud case ever in a federal agency. Four separate inspectors general offices had active investigations open – the General Services Administration, Department of Defense, the Veterans Administration and the State Department. I put this information here in my opinion section as it does not directly connect with the language of the legislation put forward on Competitive Integrated Employment. But I also wanted to include it as I think it speaks to the integrity of the program and reasoning why there is so much skepticism around their motivations. CURRENT STATUS The bill was sponsored by Representative Glenn Grothman (R-WI) and currently has 16 cosponsors – 15 Republicans and one Democrat, Dwight Evans of Pennsylvania. It was introduced April 27th and sent to the House Committee on Education and Workforce. July 25th, there was supposed to be a congressional briefing by ACCSES, a national disability policy organization that represents community-based disability service providers, on HR 5658, that was disrupted by ADAPT, a national grass-roots community that organizes disability rights activists to engage in nonviolent direct action and civil disobedience. So right now, even if Congress isn’t moving on this, there is certainly a lot of hot fire going back and forth between these two communities. Obviously, it is not over yet. CLOSING And that’s it for this week’s show. This is Day Al-Mohamed, hoping you continue to be well, and be informed. As always, I encourage you to read and investigate and come to your own opinion. Links and sources are available at DayInWashington.com. Leave us a comment or connect with us on Facebook or Twitter. We want to hear from you, because democracy belongs to everyone. Thank you for listening. Special thanks to Dara Baldwin for reviewing this episode for accuracy. RESOURCES HR 5658, Workplace Choice and Flexibility for Individuals with Disabilities Act –https://www.congress.gov/bill/115th-congress/house-bill/5658/text Workforce Innovation and Opportunity Act (WIOA) – https://www.congress.gov/113/plaws/publ128/PLAW-113publ128.pdf WIOA, Competitive Integrated Employment, and VR Funding – From the Office of Scott Dennis, DORS Acting Director (July 3, 2018) – http://dors.maryland.gov/crps/Pages/Integrated.aspx Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID) Interim Report – https://www.dol.gov/odep/pdf/ACICIEIDInterimReportChapter3.pdf AbilityOne Fiscal Year 2014 Annual Report –http://www.jwod.gov/media_room/documents/Commission_AnnualReport_Final_040815_nocropmarks_508v2_FINAL.pdf ACCSES Public Policy Priorities 2017 – https://www.accses.org/CMS/Resources/dropbox/accses2017publicpolicypriorities.pdf Ability Magazine Rehabilitation Act Changes – https://abilitymagazine.com/h-r-5658-rehabilitation-act-changes/ Ability One Fact Sheet – https://www.abilityone.gov/media_room/documents/2016_AOFactSheet_FINAL.pdf Melwood’s Story of Eliminating 14(c) – https://www.melwood.org/files/dmfile/HB%20420%20SB%20417%20White%20Paper%20FINAL%20no%20appendix.pdf Beyond Segregated and Exploited: Update on the Employment of People with Disabilities – http://www.ndrn.org/images/Documents/Resources/Publications/Reports/Beyond_Segregated_and_Exploited.pdf Does Goodwill Industries Exploit Disabled Workers? – https://www.forbes.com/sites/susanadams/2013/07/30/does-goodwill-industries-exploit-disabled-workers/#390102be6a56 AbilityOne & Source America Fraud Investigation – https://www.cnn.com/2016/05/27/politics/abilityone-sourceamerica/index.html IMAGES Figure 1 – Graphic of standing pe…

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