Disability Law Commons^™

Data Note Plus: Federal Data Snapshot Of Puerto Rico On Individuals With Disabilities, Daria Domin, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Prior to 2012, four data projects funded by the Administration on Intellectual and Developmental Disabilities (AIDD)—Access to Integrated Employment, Family and Individual Information Systems Project, Residential Information Systems Project, and the State of the States in Developmental Disabilities—only collected data from the 50 states and the District of Columbia. However, a 2012 Funding Opportunity Announcement (FOA) from AIDD requested that applicable AIDD data projects include the five U.S. Territories (American Samoa, the Commonwealth of the Northern Marianas Islands, Guam, Puerto Rico, and the Virgin Islands) in their data collection and analysis efforts. This Data Note represents an expansion of our …

Introduction To Community Life Engagement (Engage: A Brief Look At Community Engagement, Issue No. 1, 2015), Jennifer Sullivan Sulewski, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

As national disability policy prioritizes greater support for community-based integrated employment for individuals with intellectual and developmental disabilities (IDD), the level of participation in services for other daytime activities continues to grow (Winsor & Butterworth, 2012). The role of services related to engagement and participation in community life has to date been largely undefined. The purpose of this brief is to offer a definition of Community Life Engagement, share reasons for its relevance and timeliness, and present results from a Community of Practice with administrators and personnel from seven state IDD agencies hosted by the Institute for Community Inclusion (ICI) …

The Truth Comes From Us: Supporting Workers With Developmental Disabilities, Max Barrows, Jason Billehus, John Britton, Allison Cohen Hall, Juliana Huereña, Nicole Leblanc, Eric Mcvay, Karen Topper, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Employment professionals play a powerful role in the pursuit of true inclusion. This paper by self-advocates outlines key steps on how allies can move people with developmental disabilities out of poverty and into the heart of our communities.

Community Life Engagement: Data Sources, Definitions, And Measurement (Engage: A Brief Look At Community Engagement, Issue No. 2, 2015), Oliver Lyons, Allison Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

As state and federal policy makers and Community Service Providers work to refine the concept of Community Life Engagement, they are able to draw upon multiple, public, national data sources. These include: Institute for Community Inclusion (ICI)’s National Survey on Day and Employment Outcomes, National Core Indicators (NCI), ICI’s National Survey of Community Rehabilitation Providers.

This brief provides an introduction to these data sources. It examines emerging Community Life Engagement trends shown in each source, as well as the implications for developing a better understanding of Community Life Engagement based on how it is currently being classified and measured.

Crp Organizational Change (Bringing Employment First To Scale, Issue No. 2), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Federal and state policy shifts have opened the doors to meaningful community employment for individuals with intellectual/developmental disabilities (IDD). Progress is apparent across the country: creative outcomes for individuals with significant support needs through customized jobs and self-employment, innovative practices at the provider level, and state investment in an Employment First philosophy. Despite these achievements, the number of individuals supported in integrated employment by state agencies that serve individuals with IDD has remained the same since 2000. While some community rehabilitation providers (CRPs) across the country have transformed their services to focus on integrated employment, including closing facility-based programs, most …

Delphi Panel Findings, Brief #1: Introduction, Values, And Major Themes, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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The Employment Learning Community has been developed to assist states in improving employment systems and services that will increase inclusive, competitive employment for individuals with IDD. To gain insights on the most cogent policies and priorities to promote such systems change, the project convened a panel of national subject matter experts to participate in a Delphi process. Nineteen Delphi panel members, including employment researchers, service providers, state vocational rehabilitation directors, developmental disability agency directors, educators, self-advocates, family members and representatives from related programs and initiatives, participated in four rounds of data collection. The values, policies, and practices that emerged from …

Integrating Research, Training, And Knowledge Translation (Bringing Employment First To Scale, Issue No. 1), Thinkwork! At The Institute For Community Inclusion At Umass Boston

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What our new center is about: People with intellectual and developmental disabilities (IDD) can work and want to work--yet the majority don’t have jobs. State and national policies exist to increase employment, but systems have not aligned to make integrated employment a priority. To meet this need, the Institute for Community Inclusion (ICI) at UMass Boston is hosting a new rehabilitation research and training center, or RRTC. It’s called the RRTC on Advancing Employment for Individuals with Intellectual and Developmental Disabilities. Because change is critical at multiple levels, the RRTC integrates four focus areas:

1. individual and family knowledge and engagement, …

Delphi Panel Findings, Brief #4: Education And Training For Job Seekers, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This is the fourth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the role of education and training for job seekers with intellectual and developmental disabilities (IDD), which was the third-ranked overarching priority among the Delphi panel members.

Delphi Panel Findings, Brief #6: Generation And Use Of Data And Evidence, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This is the sixth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on how data and evidence can support integrated employment outcomes for individuals with intellectual and developmental disabilities (IDD). This was the fifth overarching theme among the Delphi panel’s recommendations.

Delphi Panel Findings, Brief #3: Collaboration Across Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This is the third in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to collaboration across state systems, which was the second-highest overarching priority identified by the Delphi panel for improving employment outcomes for people with intellectual and developmental disabilities (IDD).

Delphi Panel Findings, Brief #7: Paths Toward Fair Wages, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This is the seventh and final brief in our series on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the final priority area for policy and practice change: creating paths toward fairer wages for individuals with IDD.

Delphi Panel Findings, Brief #2: Transition From School To Work, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This is the second in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community (ELC) in 2013–2014. More information on the ELC and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to effective approaches to the transition from school to work for youth with intellectual and developmental disabilities (IDD), which was the highest-ranked overarching priority among the Delphi panel.

Delphi Panel Findings, Brief #5: Processes Within State Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the fifth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the fourth priority area identified by the Delphi panel: improving policies and processes within state agencies related to employment for people with intellectual and developmental disabilities (IDD). This is distinct from increased collaboration across agencies, which was a separate area.

Statedata: The National Report On Employment Services And Outcomes, 2015, John Butterworth, Frank A. Smith, Jean Winsor, Jaimie Ciulla Timmons, Alberto Migliore, Daria Domin, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This report provides statistics over 25 years from several 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 appendices provide individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and Employment …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Assumed Sane, Fatma Marouf

Scholarly Works

In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …

Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher

Scholarly Works

Professor David Orentlicher considers the significance of the passage of the Affordable Care Act on the Medicaid program. He discusses the expansion of the program's recipients from merely children, pregnant women, single caretakers of children, and disabled persons to all persons up to 138% of the federal poverty level. Professor Orentlicher argues that the Medicaid expansion reflects concerns about the high costs of health care rather than an evolution in societal thinking about the "deserving" poor. As a result, the expansion may not provide a stable source of health care coverage for the expansion population.

I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin

Articles & Chapters

The adoption by the American Psychiatric Association of DSM-5 significantly changes (and in material ways, expands) the definition of post-traumatic stress disorder (PTSD), a change that raises multiple questions that need to be considered carefully by lawyers, mental health professionals, advocates and policy makers.

My thesis is that the expansion of the PTSD criteria in DSM-5 has the potential to make significant changes in legal practice in all aspects of criminal procedure, but none more so than in criminal sentencing. I believe that if courts treat DSM 5 with the same deference with which they have treated earlier versions of …

Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters

Articles & Book Chapters

This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

Disability Discrimination In The Form Of Ad Hoc Examinations, Thomas Simmons

Faculty Publications

The 1990 Americans with Disabilities Act (ADA), alongside the Nebraska Fair Employment Practice Act (FEPA), prohibit discrimination against employees on the basis of disability. One of the lesser examined provisions of the twin acts presumes that employer-mandated medical examinations of individuals with disabilities amount to unlawful discrimination unless the employer can demonstrate a business necessity. The precise elements of a business necessity defense were articulated and explicated by the Nebraska Supreme Court in the recently decided case of Arens v. NEBCO, Inc.

There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson

Law Student Publications

This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

Reproductive Justice, Public Policy, And Abortion On The Basis Of Fetal Impairment: Lessons From International Human Rights Law And The Potential Impact Of The Convention On The Rights Of Persons With Disabilities, Carole J. Petersen

Journal of Law and Health

This article argues that we should consider not only American constitutional law but also comparative law and emerging international human rights norms, in order to navigate the difficult issue of abortion on the basis of fetal impairment. The United States is a State Party to the International Covenant on Civil and Political Rights (ICCPR)13 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It is also a signatory (but not a full State Party) to several other relevant treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the …

Mental Illness In The Library: Ten Tips To Better Serve Patrons, Nick Harrell, Cindy Guyer

Publications

No abstract provided.

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …

'Love Is Just A Four-Letter Word': Sexuality, International Human Rights, And Therapeutic Jurisprudence, Michael L. Perlin, Alison Lynch

Articles & Chapters

One of the most controversial social policy issues that remains dramatically underdiscussed in scholarly literature is the sexual autonomy of persons with psychosocial and intellectual disabilities, especially those who are institutionalized. This population – always marginalized and stigmatized – has traditionally faced a double set of conflicting prejudices: on one hand, people with disabilities are infantilized (as not being capable of having the same range of sexual desires, needs and expectations as persons without disabilities), and on the other, this population is demonized (as being hypersexual, unable to control base or primitive urges). Although attitudes about the abilities and capabilities …

Forensic Psychiatry And The Law: Litigation, Advocacy, Scholarship And Teaching, Michael L. Perlin

Articles & Chapters

No abstract provided.