Gov. Kathy Hochul has signed a measure outlawing corporal punishment in New York’s private schools. Corporal punishment has been prohibited in the state’s public schools since 1985.
Earlier this year, a New York Times investigation found corporal punishment was being used in some of the private Hasidic-run schools located throughout Brooklyn and the lower Hudson Valley. Also earlier this year, a Times Union investigation found some 1,600 substantiated cases (and 18,000 complaints) of corporal punishment in New York public schools despite the ban.
Additionally, an even earlier Times Union investigation found that staff at New York schools serving children with disabilities “intentionally misused physical restraints on students.”
The group home workforce shortage, an app that aids early screening for autism, an autistic artist builds spectacular and massive replicas of real buildings and more news for the week ending Sept. 28, 2023.
Growing concerns about group homes ABC News takes a look at the workforce shortage hurting group homes helping Americans with I/DD. (ABC News)
NYC students with disabilities file federal civil rights complaint over transportation woes Public schools allegedly routinely deny legally mandated school bus services. (Daily News)
Q&A with a Wine, Spirits and Craft Beer Producer Employing People with Disabilities OPWDD interviews a company it approached to consider hiring people who have different needs and abilities. (OPWDD)
App aids early screening for autism (National Institutes of Health)
Disability Advocates Urge Support for Emergency Funding Bill to Address Medicaid Care Crisis The HCBS Relief Act would provide emergency funding to state Medicaid programs. (The ARC)
Autistic Philadelphia artist Kambel Smith builds intricate and massive sculptures of real buildings (Philadelphia Inquirer)
Connecticut Airport hosts practice flights for families of children with autism The exercise at Bradley was led by Autism Double-Checked.
During the last presidential election, my twentysomething family member with developmental disabilities was excited to get to the voting booth.
“You want to choose the right people to lead,” she said. “You don’t want someone who’s rude to people with disabilities, that’s just not right.”
She wanted her voice to count, which is a fundamental civil right (well, more about that later) as well as a moral one, as conveyed in the disability rights movement’s “Nothing About Us Without Us” rallying cry.
That expression shows “people are claiming their lives, they deserve to be part of the conversation,” says Jonathan Goldwasser, senior supervisor and facilitator of the Hudson Valley self-advocacy group at YAI, an organization serving people with I/DD. “One key way that can be practiced is voting, which lets [people with disabilities] participate as citizens in the decisions made by their local communities and at the state and federal levels. It’s a small piece in that it happens [infrequently] but it’s a major way for them to raise their voice.”
There are over 34 million eligible voters with disabilities nationwide, according to Disability Rights New York, making the disability community “a substantial voting bloc with the capacity to impact elections and policy.” It’s critical that the community participate in the electoral process, especially as politicians tend to focus on an issue only if it can turn into a vote.
“Politicians’ No. 1 concern is if they’re going to win the election,” says Scott Karolidis, YAI’s director of government relations. “We had an assemblymember come in to discuss various issues and she kept asking, a little rudely, ‘Do these people vote?’ She was very concerned for herself. It helps if they understand that if they do the right thing, whether increasing funding for staff wages or passing laws that support civil rights, people with disabilities, their friends and families are more likely to vote for them.”
Often, it’s up to family caregivers and service providers to help ensure that these votes happen. Here’s how.
This general election (meaning the candidates are the ones who will get into office) is a chance for a person with a developmental disability to take a “practice” run before the 2024 presidential election even if they’ve voted before. The ballot will include a New York Supreme Court Justice and, in the lower Hudson Valley, a Westchester County Court Judge and Yonkers City Mayor. (See “Who’s on the Ballot” below for your local and NYS races.)
REGISTRATION DEADLINES
People can vote from Oct. 28 to Nov. 5 at various polling sites in New York State. To locate your early voting poll site, go to https://voterlookup.elections.
The right to vote extends to every U.S. citizen — until it doesn’t. While the Constitution protects the fundamental right to vote, it also gives states the authority to set voting qualifications for both federal and state elections.
Parents who pursue guardianship of their adult child with a developmental disability may worry that guardianship will endanger their child’s right to vote.
While New York Election Law § 5-106(6) states that no person who has been adjudged incompetent may vote in New York State, New York’s Article 17A guardianship law, which provides for guardianship of a person with a developmental or intellectual disability, “is silent as to declaring a person incompetent,” says Sandi Rosenbaum, a Special Education / Special Needs Advocate at Littman Krooks, LLP.
“Rather, it addresses whether such a person needs a guardian to make personal, financial, and medical decisions for them to protect their interests. Thus, a finding that a person requires a guardian does not inherently constitute a finding of incompetence, and being subject to Article 17A guardianship does not, on its own, deny a person’s eligibility to vote.”
The important takeaway: Only a judge can make the decision that someone is not competent to vote. Election officials and poll workers cannot stop someone from voting because of a disability.
If questions such as how to register and where to vote feel overwhelming, breathe easy. Several organizations have created easy-to-use guides to help you through the process.
Keep in mind that early in-person voting and mail-in voting (via an absentee ballot) can help make the process less stressful for some.
Creating a Plan to Vote
The Self-Advocacy Association of New York State (SANYS), an organization founded, and led, by people with developmental disabilities for people with developmental disabilities, has a brightly designed, easy-to-read online packet that details what to do before stepping into the booth. It includes registration information and links, a description of voting options, with links, and a checklist (geared toward service providers in group homes, but helpful for all) that ensures an individual knows not only what method they want to vote, but how they’re getting to the polling station.
The NYS Office for People with Developmental Disabilities (OPWDD) offers assistance with voter registration. Anyone who would like information or assistance in registering may contact OPWDD’s National Voter Registration Act (NVRA) statewide coordinator at michael.orzel@opwdd.ny.gov or call (518) 474-2757.
OPWDD also has a helpful Frequently Asked Questions page full of information.
I’ve checked out a few sites and found Vote411.or the easiest to navigate. You’ll learn who’s on the ballot, where they stand on the issues and more.
It might be useful to know what kind of voting machine will be at the polling place. The NYS Board of Elections provides some of that information here.
Voters with disabilities have the federal right to vote privately and independently by marking a paper ballot or using a Ballot Marking Device (BMD). They’re equipped with features to allow the voter to adjust for size and contrast the ballot image, and allow the use of a “Sip-N-Puff” or paddle device by voters with limited hand dexterity.
Every polling site is required to have a BMD in working order. Poll staff are trained and must be prepared to assist all voters requesting to use the BMD, regardless of their disability.
Note: This is the latest stat I could find, but as of 2016, just 17% of polling locations nationwide were fully accessible, according to the National Disability Rights Network. Reach out to your County Board of Election if you have questions.
Can a person with I/DD have someone with them to help them vote? A resounding “yes.”
I mentioned this briefly above: Check out 13 Things Voters with Disabilities Need to Know. It clearly explains one’s rights and has helpful information such as where to call with accessibility complaints
The U.S. Election Assistance Commission has a handy Your Federal Voting Rights wallet-size card that can be printed out and taken to the voting site. It’s a great resource to have on hand should there be a problem and a way to ensure that poll workers know the law, too.
Vote!
HUD to fund more housing options for people with disabilities, waitlists for services are on the rise in states across the country, advocates call for a federal panel on profound autism to get its act together and more news for the week ending Oct. 21, 2023.
SSI Benefit Increase for 2024
Supplemental Security Income (SSI) payments are going up 3.2% more a month in 2024 due to an increase in the cost of living.
Social Security Chief Orders Broad Review Of Benefit Overpayments The agency has been trying to reclaim billions of dollars from beneficiaries, including many people with disabilities. (Disability Scoop)
People with intellectual disability often diagnosed with cancer when already well advanced In part, some doctors assume symptoms have to do with the disability rather than a biological cause. (The Conversation; the study is from England)
Federal Panel Pressured To Focus More On Profound Autism Advocates say a committee tasked with guiding the strategy is largely ignoring the needs of this population. (Disability Scoop)
In My Words: Living at the Speed of Autism A father, writing about his autistic son, says it’s time to “lose our condescension toward neurodiverse individuals and instead ask if we can share their mindset.” (elon.edu)
Study explores how changing autism traits linked to mental health conditions (UC Davis Health Mind Institute)
The former New York State Developmental Disabilities Planning Council (NYS DDPC) is now the NYS Council on Developmental Disabilities (CDD).
Removing employment barriers for New Jerseyans with disabilities A good look at an ongoing issue. (New Jersey Monitor)
Massachusetts is having problems: There’s a New special ed plan unveiled for Boston Public Schools, which is needed to avoid a state takeover (nbcboston.com), and there’s been a call for More Oversight Needed for Residential Schools Specializing in Autism and Other Disabilities amid reports of abuse. (Boston Globe).
Lawsuit accuses Catholic schools in New Orleans of discriminating against students with disabilities (PBS)
The two articles below help illustrate how the disability assistance system is in crisis. It seems I’m reading more and more of these lately.
Oklahoma DHS attempts to shorten disability assistance waitlist The salient fact here seems to be that the state has a 13-year waitlist for families to receive Developmental Disability assistance. (kswo.com)
‘Monster under my bed’: Disabled Kansans wait years for help, with the future uncertain The waitlist, for decades now, has been stagnant. In August, there were 5,096 on the I/DD waitlist. (Kansas Reflector)
Pawsitive Friendships Provides Animal Therapy to Arizona Students with Disabilities “The connection is all body language. It teaches them how to use that body language throughout their whole lives in their day-to-day.” (The74million.org)
7 Impactful Documentaries by Artists with Disabilities A Sundance Watchlist. (Sundance.org)
First, some quick background. The federal Early Intervention Program provides services to children under the age of 3 who have developmental delays or are at risk for delays and disabilities. (It falls under the Individuals with Disabilities Education Act, or IDEA, Part C.) State involvement is not mandatory, but all states participate.
But are eligible infants and toddlers getting all the services they need? I don’t think you need me to answer that. In New York alone, as Chalkbeat reported back in March, early intervention services aren’t reaching a whopping 42% of those eligible.
This week, three news sites focused on the program and its challenges in three different yet connected ways.
ABCnews.com has a helpful bird’s-eye view on a system “plagued by chronic staffing shortages” and long wait times for proven therapies. Many who enroll, it notes, age out before receiving any services at all. “Almost all states reported Early Intervention provider shortages in 2022, and federal officials say they are still struggling to find staff to meet the needs of children with disabilities,” the report says. In Illinois, for instance, service delays nearly doubled in 2022.
There are not only delays, there are disparities in who receives services. That’s according to a survey released this week by the U.S. Government Accountability Office that found there’s not enough pre-enrollment data to help Early Intervention Programs reach those who are eligible. This missing data, reports K12dive.com, may be able to help reduce disparities in early interventions.
Researchers, for instance, found that 86% of Asian children advanced from referral to an evaluation, while only 59% of American Indian or Alaska native children did. For Black or African American young children it was 75% and for both Hispanic or Latino and White children, it was 81%.
In what seems like good news, Tennessee is first out of the gate with a state extension of early intervention services until enrolled participants reach school age, specifically the beginning of the school year following the child’s fifth birthday. It’s “the top age range” allowed for early intervention services through IDEA.
A side note: School districts are required to take over special ed needs when a child is age 3, but many are not well equipped to do so. They face many of the same challenges as early intervention programs, such as staffing shortages and other painful problems.
A New Jersey town’s apartment project for adults with autism, fed aims to ease the shortage of special ed teachers, why sex ed is crucial and more developmental disability news for the week ending Oct. 14, 2023.
City Moving Slow on Requirement for Sidewalk Ramps at Every Corner One deadline has already been blown and officials are still figuring out a new timeline. (thecity.nyc)
DIY jobs: When they couldn’t get hired, these disabled New Yorkers launched their own businesses (newsday.com)
Apartment project in N.J. town designed specifically for adults with autism A mother creates a neuro-diverse housing project in Red Bank through her nonprofit, Parents with a Plan. (nj.com)
N.J. wrongly forces people with developmental disabilities into nursing homes At least 2,000 people with developmental disabilities reportedly are housed in nursing homes “contrary to their wishes” and in violation of their constitutional rights. (nj.com)
Should Philly Have an Office for People with Disabilities? It’s now up to voters. (Philadelphia Citizen)
Battle Over Nation’s 1st Religious Charter School Heads to Oklahoma Courts The plaintiffs say the virtual Catholic charter school would violate Oklahoma law and potentially discriminate against LGBTQ students and those with disabilities. (the74million.org)
Disability advocates argue against school vouchers in Texas Senate hearing Advocates and parents raised concerns that recipients of Education Savings Accounts who choose private schools would no longer be protected by federal law. (Texas Tribune)
Education savings accounts allow parents to withdraw their children from public district or charter schools and receive a deposit of public funds into government-authorized savings accounts with restricted, but multiple, uses.
Feds Aim To Ease Shortage Of Special Educators Over $35 million will be used to bolster the workforce. (Disability Scoop)
How Accessible Sex Ed Helps Young Adults With Developmental Disabilities Form Healthy Relationships Less than half of students getting disability services receive any reproductive health instruction, and rates are even lower for low-income, autistic, Black, and Hispanic students who use disability services. (Mother Jones)
Study suggests some children lose their autism diagnosis: One researcher unpacks the findings A researcher looks at a paper making headlines this week and suggests it presents possible outcomes for relatively privileged children, as well as relatively high cognitive and adaptive functioning at the time of diagnosis. (spectrumnews.org)
Autism silenced this L.A. teenager. It couldn’t stop him from creating a 70-minute symphony Jacob Rock lives with profound non-oral autism. His condition makes him all but unable to speak, with other debilitating physical effects inhibiting communication and socializing. (Los Angeles Times)
Women with a disability are more likely to experience child marriage than women without a disability Progress toward reducing child marriage has been uneven and stagnant, particularly in fragile states. (publichealth.gmu.edu)
Autism- and budget-friendly costume ideas An advocate and mother of an autistic son offers up some tips. (Autism Speaks)
Using technology to open up wilderness trails to people with disabilities Groups countrywide working to ensure all hikers and bikers have access to outdoor spaces regardless of their disabilities. (NPR)
Stand-up comedian Graham Kay has written and stars in a show about life with his autistic brother, Peter.
Playing at Under St. Marks in the east village through Oct. 14, 2023, Pete and Me explores their relationship from childhood through today — how it has changed and how, in many ways, it has stayed the same. Described as both serious and silly, the comedian uses the stage to contemplate the uncertainty of his future as part-comedian, and part-caretaker.
(Paste magazine loved it!)
A “Without Walls” (WOW) day hab program will soon open its doors in White Plains, N.Y. It’s run by Living Resources, a non-profit with WOW programs in 11 other New York counties. Plans are for the White Plains program to open its doors to participants around mid-November — and slots are available! (See below for contact details.)
As the name implies, a WOW program is day hab that emphasizes community inclusion. This is done through volunteer work and recreational activities. “The whole goal of [WOW] is to have them out in the community all day long,” says Rob Scaccia, Intake Coordinator & Development Specialist, Living Resources.
The organization’s other WOW programs are in Albany, Rensselaer, Columbia, Greene, Warren, Dutchess Schenectady, Saratoga, Ulster, Orange and Rockland counties.
Right now the White Plains program is fixing up its space — located at 280 Dobbs Ferry Rd. — hiring more staff and scouting for volunteer sites that need help.
“We’d like to get started with one or two sites,” Scaccia explains. “The recreational activities, they’re easy to come up with, there are so many things to do in this area.”
Living Resources opened WOW programs in Orange County four years ago, and Rockland County one-and-a-half years ago.
“Even with COVID the growth has been phenomenal,” says Scaccia. “Orange opened with two people the first day and now it’s up to 45.
Those interested can reach out to Scaccia directly at rscaccia@livingresources.org. Or, have the potential participant’s Care Manager reach out.
A Care Manager will need to help collect and process the slew of paperwork needed to determine eligibility, and otherwise help to get the ball rolling. WOW programs accept Medicaid and Self-Direction.
Photo: Living Resources
A virtual training that shows why hiring people with disabilities is good for business is being offered to New York employers.
Launched by the Office for People with Developmental Disabilities (OPWDD) and called “EmployAbility: Benefits of Hiring People with Disabilities,” its creation was signed into law by Governor Hochul last year. Its goal is to help educate employers about the benefits of diversifying their workforce.
The first training, free and available to any New York employer, will be held on Oct. 24, with more offerings planned in the future. Learn why hiring people of all abilities is good for your business and take the critical first step toward finding qualified employees who can diversify your workforce and improve your bottom line.
You’ll learn about the associated tax credits, strategies to hire and support employees with disabilities, receive info on reasonable accommodations, and much more.
The training’s launch comes during National Disability Employment Awareness Month (NDEAM).
One out of four adolescents with autism spectrum disorder go undiagnosed, disability-related complaints against airlines surged 200%, the Supreme Court weighs a big disability case and more news to know.
A new study out of Rutgers University has found a significant number of undiagnosed cases in 16-year-olds with autism spectrum disorder (ASD), particularly among adolescents with mild forms of impairment and the high percentage of adolescents who also have other neuropsychiatric disorders.
Conducted in the New York-New Jersey metropolitan area, the study joins a growing body of research at Rutgers, the site of a statewide autism spectrum disorder center established in 2018. One study released in January of this year found that autism rates had tripled, a gripping stat that raised the question of whether ASD is increasingly common or whether we’re just better at diagnosis.
For more on the latest study, NJ Spotlight News video has a good video explainer that includes a parent who already knew their child had fallen through the cracks.
BluePath Service Dogs Help Autistic Children from Bolting and Wandering These beautiful and well-trained dogs are wonderful with their charges. If you want to see them in action, this short docu focuses on a BluePath dog’s journey and the people who are part of it. (Examiner)
Westchester-based sports program for special needs kids began in family’s backyard Able Athletics and its army of young volunteers has kids playing adapted lacrosse and much more. (lohud.com)
Haledon, N.J. police compiling vital information for residents with autism A Passaic County town institutes a voluntary program to help first responders act with compassion and understanding. Back in January, police departments across Camden County began establishing similar registries. (northjersey.com)
Detroit mom of teen with autism advocates for medical marijuana at school Michigan allows medical marijuana use for minors, but to use it during school hours state law requires checking out of class and driving 1,000 feet from campus. (fox2detroit.com)
Missouri’s proposed disability changes could violate law The state moved this summer to delink self-directed supports (SDS) from the rate it pays home health agencies, paying last year’s rates for SDS. Not good, Missouri. (Missouri Independent)
Adults with disabilities segregated in Colorado nursing homes, federal government says in lawsuit The civil lawsuit claims that Colorado failed to offer sufficient community services to help people with disabilities, including older adults, live in their own homes. (Stateline.org)
LA School Bus GPS Tracking Great Idea, Not Always Accurate This is interesting in light of New York just introducing what’s likely a similar app for tracking school buses. (the74million.org)
Supreme Court weighs curbing disability rights laws The court grappled this wekek with whether a disability rights campaigner can sue hotels for failing to clearly disclose accessibility info on their websites as required by the ADA if she doesn’t plan to book a room. (NBC News)
Labor Department Scrutinizing Subminimum Wage Employment It’s still legal for some people with disabilities to work for less than minimum wage. (Disability Scoop)
In Australia, a royal commission leaves disability segregation on the table The divided recommendations will continue education segregation for at least a generation and possibly longer. (The Conversation)
A University for People with Disabilities Has Been Founded by CNN Hero of the Year Jeison Aristizábal The school reportedly is a Latin American first. (CNN)
Arts Council England to fund project on disability representation in children’s books Draft criteria and outcomes will be shared at the 2024 London Book Fair. (bookseller.com)
Disability-Related Complaints Against Airlines Surged Almost 200% Post-Pandemic Let’s get to the meat of it: Allegiant Air had the most complaints, followed by JetBlue and Frontier. (Thrillist)