Disability Law Commons^™

Statedata: The National Report On Employment Services And Outcomes, 2012, John Butterworth, Allison Cohen Hall, Frank A. Smith, Alberto Migliore, Jean Winsor, Daria Domin, Jennifer Sulewski

All Institute for Community Inclusion Publications

This report provides statistics over 20 years from several existing national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s National Survey of State Intellectual and Developmental …

Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean Winsor

Data Note Series, Institute for Community Inclusion

In FY2011, an estimated 570,406 individuals received day or employment supports from state IDD program agencies. This number grew from 458,650 in FY1999. The estimated number of individuals in integrated employment services increased from 108,296 in FY1999 to 110,295 in FY2011. State investment continues to emphasize facility-based and non-work services, rather than integrated employment services. Figure 1 shows the trends in the percentage of people served in integrated employment and facilitybased and non-work settings between FY2004 and FY2011.

Data Note: State Trends In The Vocational Rehabilitation Engagement Of Young Adults With Intellectual Disabilities: 2002-2011, Alberto Migliore, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

Experiencing paid employment during and immediately after high school is a critical step on the path toward economic self-sufficiency in adulthood. Young adults with disabilities interested in gaining employment experiences may seek support from vocational rehabilitation (VR) programs. In this Data Note, we examine the extent to which young adults with intellectual disabilities engage with their state VR programs.

One way for assessing young adult engagement is to look at the number of them who exit the program, which implies that they either applied or were referred to the program. Specifically, we examined the average number of young adults 16 …

Data Note: Shifts In Vr Outcome Trends For Vr Customers With And Without Intellectual Disabilities, Frank A. Smith

Data Note Series, Institute for Community Inclusion

People with intellectual disabilities (ID) aspire to gainful employment1. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals exiting the program who have achieved an employment outcome after receiving services with an IPE. This indicator does not consider that not all eligible consumers progress to receive services after an IPE is developed. This occurs for a variety of individual, service, and systems reasons. Reviewing data for eligible consumers who do not receive …

Data Note: Employment Trends Of Young Adults With Cognitive Disabilities: 2004–2011, Alberto Migliore, Cady Landa

Data Note Series, Institute for Community Inclusion

Engaging in employment at a young age is critical for workforce participation later in adulthood. This Data Note compares, for youth ages 16–21, the employment rates of those who have cognitive disabilities with the employment rates of their peers without disabilities.

Child Welfare Cases Involving Parents With Disabilities, Joshua Kay

Articles

Many families include at least one parent with a disability. These parents become involved in the child welfare system more frequently than nondisabled parents, and their child protection cases are more likely to end in termination of parental rights. Parents with cognitive and/or psychiatric disabilities are particularly at risk of child welfare involvement. Cases involving parents with disabilities present special challenges and opportunities in child protection litigation, and strong advocacy is needed to ensure that these parents’ needs are met by the child welfare system and their rights are fully protected. With appropriate services, many parents with disabilities can provide …

Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss

Articles by Maurer Faculty

Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities …

The Part And Parcel Of Impairment Discrimination, Michelle Travis

Michelle A. Travis

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the …

Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman

Robert L. Hayman

No abstract provided.

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in …

Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari

Dharmendra Chatur

The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons with …

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud

UC Irvine Law Review

No abstract provided.

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.

Remissvar: Psykiatrin Och Lagen – Tvångsvård, Straffansvar Och Samhällsskydd (Sou 2012:17), Titti Mattsson, Ulrika Andersson, Sverker Jönsson, Anna Nilsson

Anna Nilsson

Psykiatrilagsutredningens betänkande behandlar grundläggande frågor om vård, tvång, och straffrättslig ansvarsförmåga. Det handlar bl.a. om vem som kan samtycka till vård och behandling, när samhället kan tillgripa tvång för att förhindra någon från att skada sig själv eller annan. Det handlar också om vem som ska anses har förmåga att bära straffrättsligt ansvar för sina handlingar och de rättsliga följderna av (o)tillräknelighet. Samtliga är angelägna frågeställningar. En negativ konsekvens av att centrala straffrättsliga frågor behandlas i relation till personer med psykiska funktionsnedsättningar är emellertid att perspektivet blir alltför snävt i ett socialrättsligt perspektiv. Det saknas principiella överväganden om huruvida och …

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

Advice To The Next President: The Future Of "Obamacare", Wendy Parmet, Michael Dukakis

Wendy E. Parmet

No abstract provided.

Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson

Pepperdine Law Review

No abstract provided.

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Ellen M. Weber

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.