The Arc of Illinois’ Post

HHS Issues a Historic Notice of Proposed Rulemaking (NPRM) on Section 504 of the Rehabilitation Act of 1973 Section 504 The Rehabilitation Act of 1973 protects people from discrimination and prevents discrimination in programs that receive federal funding. #Section504 #RehabilitationAct #PeopleWithDisabilities #AdvocacyMatters #OlmsteadDecision #DisabilityCivilRights   On September 7th, HHS Secretary Xavier Becerra hosted a press conference to announce a rule proposed by the HHS Office for Civil Rights that would update these regulations. This is the first time these critical regulations will have been updated since they were originally signed in 1977 after 4 years of tireless advocacy and a 28-day protest led by disability civil rights leaders.   Updates to the rule include:   Clarifies obligations to provide services in the most integrated setting appropriate to a person’s needs, consistent with the Supreme Court’s decision in Olmstead v. L.C. Ensures that medical treatment decisions are not based on biases or stereotypes about people with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability. Adopts Standards for accessible diagnostic medical treatment Adopts the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA accessibility standards for websites and mobile applications. Clarifies requirements in HHS-funded child welfare programs and activities to help eliminate discriminatory barriers faced by children, parents, caregivers, foster parents, and prospective parents with disabilities Prohibits the use of value of life assessments in treatment decisions   NCIL applauds the work of HHS for this historic NPRM. Special thank you to Secretary Becerra, Alison Barkoff and many others for their hard work drafting the rule.   Read the official announcement, full rule, fact sheet, and instructions on how to provide comments at https://bit.ly/48aa0y7.   NCIL will share further information in the next few weeks as we review the rule and will be submitting comments.

We are excited to announce the launch of our Zero Tolerance to Ableism Framework, a crucial step towards creating an environment for all.🥳 Ableism comes in many forms, affecting people with both overt and hidden disabilities across our region on a daily basis. Despite at least 1 in every 28 Hull University Teaching Hospitals employees saying they have some form of disability, sadly ableism is experienced as much in our hospitals as anywhere else; somewhere where people with disabilities should arguably feel most supported. But that’s all set to change. The launch of this framework coincides with Disability History Month which runs from 16 November through to 16 December. Zero Tolerance means that as a trust, we will investigate every report we receive and each report will have an intervention, as agreed with the recipient of the behaviour. Reports can also be made anonymously, as we acknowledge the courage it takes to make a report. We want to ensure that the psychological safety of any staff who make a report is maintained. Elaine Hillaby, Organisational Development Practitioner and Chair of the Trust’s Disability Staff Network said: “At HUTH we want to create a safe and accessible work environment for everyone irrespective of their circumstance. We firmly believe that no one should face discrimination or barriers to their work based on other people’s actions or perceptions. This framework is a significant step towards building a system that serves all members of our community, regardless of their individual circumstances.” Read more on the framework here👉

Accepting only 13 of the 222 recommendations in full, after 4 years of inquiry and 10 months of consideration, is woefully underwhelming. While I am yet to comb through the joint government response in detail, I am aware that the response has failed to even commit in principle to phasing out institutional segregation in housing, education and employment; ending sub-minimum wages and prohibiting forced sterilisation. When we already know that segregated, closed settings such as group homes, special schools and Australian Disability Enterprises routinely enable high rates of violence, abuse, neglect and exploitation; 'subject to further consideration,' isn't really a response that is acceptable. As a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the Australian Government, in my view, has failed in its responsibility to uphold the rights of people with disability today. Once I've had time to read the reports in full, I'll have more to say. In the meantime, the linked article provides a broad overview. You can also read the response in full at: https://lnkd.in/g626pEGX #DisabilityRoyalCommission #DisabilityRights #EndSegregation #DPOs #UNCRPD [Image: Black, grey and purple silhouettes of people with disability against a blue background].

If you work in the disability sector and haven’t yet signed up for this free webcast happening next Thursday, register today! What: The Impact of Anti-Human Trafficking in the Developmental Services Sector When: Thursday, January 11 — 11 a.m. This is an important webcast everybody who works in the sector should attend — and especially if you support people who have a developmental disability. Presented by the Ontario Ministry of Children, Community & Social Services (MCCSS). Register now for this important *free* webcast: https://lnkd.in/ekehVnDT Speakers: – Deanna Djos, Manager & Facilitator, Developmental Services Toronto – Mackenzie Arruda, Planner & Community Liaison, Montage Support Services – Rooke Pitura, Case Worker, Creighton Youth Services What you’ll learn: – How to identify when someone may be being trafficked and how community partners can collaborate to identify and support people with developmental disabilities who are being trafficked. Why this is important: – Human trafficking is one of the fastest-growing crimes worldwide — including right here in Ontario. About two-thirds of police-reported human trafficking in Canada, happens in Ontario. – People who have a developmental disability often experience both individual and systemic factors that can increase their risk of domestic human trafficking. This is a new webcast in the MCCSS Professional Learning and Development Series. The goal with this series is to enhance skills, build capacity and share sector knowledge across Ontario. Questions? Hannah Grzegorczyk, MCCSS hannah.grzegorczyk@ontario.ca [Image description] A tile describing the webinar. It has all the information about the webinar and when it is, and who the speakers are. The Ontario logo and the title, Ministry of Children, Community & Social Services. At bottom right, there’s a graphic illustrating people coming together. They’re holding puzzle pieces in their hands.

AISNSW welcomes the report by the NSW Legislative Council’s Education Committee, “Children and young people with disability in New South Wales educational settings”. Almost 47,000 students with a disability are educated in NSW independent schools, making up 22% of the sector’s students. More than 95% are educated in mainstream settings. However, the committee has erred by suggesting that NSW Independent schools can discriminate against students on the basis of disability. NSW Independent schools comply with the relevant Commonwealth legislation (Disability Discrimination Act 1992) which provides no exemptions for non-government schools to discriminate on disability grounds. AISNSW calls on the Committee to clarify or remove this recommendation from its report. Read the full report: https://ow.ly/oHfP50T4Gum

Section 504 rules will decrease the barriers disabled people face when attempting to receive crucial medical diagnostic information and treatment. The rules will also help increase child custody protections for disabled parents and decrease other discriminatory practices within social services that make it hard for disabled people to receive the services they need. Ensures that medical treatment decisions are not based on negative biases or stereotypes about individuals with disabilities, judgments that an individual with a disability will be a burden on others, or dehumanizing beliefs that the life of an individual with a disability has less value than the life of a person without a disability. Prohibits the use of any measure, assessment, or tool that discounts the value of a life extension on the basis of disability to deny, limit, or otherwise condition access to an aid, benefit or service. This Final Rule extends Presidential Executive Order 14091, entitled Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Details requirements to ensure nondiscrimination in the services provided by HHS-funded child welfare agencies, including, but not limited to, reasonable efforts to prevent foster care placement, parent-child visitation, reunification services, child placement, parenting skills programs, and in- and out-of-home services. Rule finalizes: May 9, 2024 #Section504 #RehabilitationActOf1973

Community connections are so important.

Accessibility in The News: President Joe Biden on Improving Disability Services!   President Joe Biden is making significant strides in enhancing support for individuals with disabilities, particularly those living within our communities. In his recent State of the Union address and subsequent budget request for the 2025 fiscal year, he has emphasized the crucial need for greater investment in Medicaid home and community-based services.   "Imagine a future where home care, eldercare, and individuals with disabilities can thrive in the comfort of their homes, while family caregivers receive the recognition and compensation they truly deserve," Biden passionately expressed during his address. His budget proposal includes an impressive $150 billion allocation over the span of 10 years to fortify and expand Medicaid home and community-based services, slated to commence in October.   Kim Musheno, the vice president of public policy at the Autism Society of America, aptly noted, "His recognition of the critical need for a direct support workforce, compensated with a living wage, marks a significant step forward." Read more about this impactful development on the Disability Scoop: https://lnkd.in/enzi9-iR #DisabilityRights #InclusionMatters #AccessibilityForAll

Douglas Usiak, CEO of Western New York Independent Living (WNYIL), explains why #disabled New Yorkers are concerned with New York State’s proposed $600 million dollar cut to the Consumer-Directed Personal Assistance Program or #CDPAP. CDPAP allows people with disabilities to hire, train and direct their own personal assistance staff, who help them live independently in the community. The program is funded through state Medicaid dollars. Advocates fear that with the proposed financial cuts and suggested limits to hours that can be provided, they will not have enough staff to continue living in the community and could be institutionalized. Disability organizations, including WNYIL, argue that institutionalizing New Yorkers rather than providing support to them in their homes would not only be more costly, but greatly reduce quality of life, living and work opportunities. #Disability #Disabilities #HomeCare #DirectCare #CDPAP #IndependentLiving #SelfAdvocacy #DisabilityRights #DisabilityEquity #Buffalo #NewYork Transcript of video: "The person with the disability actually is in control of the program. It's not a hiring program. It's a program so that people can stay out of institutional care, so they can stay in the community and so that they can have a life. And I know that as a person - as a veteran - who lost my sight while in service. And making sure I can control what it is that I need to do in my life is important. And some things people don't know when running statistics over these years, is that the number of authorized hours for this service, that the various assessors say people with disabilities need, is controlled by the person with disabilities. On an average, 30 percent of those authorized hours are not even used, so there is initial cost savings. If the number of people that are in this program for Western New York - about 1,700 individuals - if these people stay out of institutional care, minus our entire agency budget, there is a $70 million return to the taxpayer. It's not an end of life program. It's a program that keeps people involved, keeps people working, keeps people with the family."

Important Update: Federal and WA state government response to Royal Commission findings The 29th September 2023 was a landmark day for people with a disability with the Disability Commission handing down its final report. The report made 222 recommendations with the primary objective to end the violence, abuse, neglect, and exploitation for people living with a disability. Today marks a significant event for people living with a disability, their families and carers. The Federal government has handed down their initial response public. 222 recommendations were made 172 recommendations fall within the federal government responsibility, the government’s initial response has accepted 13 recommendations, accepted in principle 117 recommendations, are considering further 36 recommendations, and noted 6 recommendations. 132 are applicable to WA, the State Government has accepted 100. It is my belief that all managers and leaders across government and non government sectors to familiarise themselves with the Royal Commissions recommendations. Take the time educate themselves to understand the context and significance of the Royal Commissions finding. Find the link to the Government response below, through the link you can access the full report, easy read and summary documents: https://lnkd.in/gzut_i7z It is important to note the impact the governments response has have on our community. Today has been a difficult day for many members of our community, as debate continues and we advocate for change it is critical we as leaders demonstrate a commitment to equity with inclusion at the forefront of our practice. It is everyones responsibility to call out ablism, strive to develop and embed a culture that is neuroaffirming, people focused, free from bias, discrimination and places inclusion at the heart. #disabilityinclusion #equity #disabilityrights #humanrights #royalcommission #disabilityacceptance