MONDAY MORNING MEMO
April 10, 2017
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Jordan Lindsey
Executive Director of The Arc of CA |
SERVICES ARE THREATENED IN LATEST HEALTH CARE BILL
Now Is The Time to Call Your Member of Congress and Tell Them To Not Cut Medicaid.
The health care bill called the American Health Care Act (AHCA), which is aimed at repealing and replacing the Affordable Care Act (ACA/Obamacare) is back on the table and potentially moving quickly through Congress. This latest version has even more harmful proposals for people with disabilities and their families than the version that died just a couple weeks ago.
The latest version put forward by the House Republicans would repeal major provisions of the Affordable Care Act, such as ending Medicaid expansion, capping Medicaid to a per-capita cap, ending subsidies, getting rid of Essential Health Benefits, and repealing Title I of the ACA (which is many of the consumer protections - community rating, medical underwriting, guaranteed issue, lifetime and annual caps, pre-existing conditions, etc...)
If approved and signed into law, California would lose up to $20 billion in medicaid reimbursements, which funds services such as regional center services, IHSS, and Medi-Cal health coverage. It is not an exaggeration to say that every single program and service that a person with an intellectual or developmental disability relies on in California would be at threat.
Take Action:
We MUST stop Congress from moving forward with this harmful bill, and California has a critical role in this effort. Call the office of your local member of Congress (you can find who that is here,
We need efforts to contact these specific members of Congress:
Rep. Jeff Denham (Modesto, Turlock): (209) 579-5458
Rep. David Valadao (Kings County, Tulare County, Fresno County): (661) 864-7736
Rep. Steve Knight (Santa Clarita, Palmdale, Simi Valley): (661) 255-5630
Rep. Paul Cook (Apple Valley, Yucaipa): (760) 247-1815
Rep. Ed Royce (Chino Hills, Yorba Linda, Brea): (714) 255-0101
Rep. Darrel Issa (North County San Diego): (760) 599-5000
- I am a member of The Arc.
- I am a person with I/DD, or I am a family member of someone with I/DD, or I am a professional in the disability field.
- Do NOT support the American Health Care Act.
- Do NOT allow cuts to critical Medicaid services.
- Do NOT allow states to opt out of requiring health plans to cover basic health care, and keep it affordable for people with pre-existing conditions.
- The services I depend on (e.g. supported living, respite, health care, IHSS) would be at risk if you vote in favor of the American Health Care Act.
Jordan Lindsey
Executive Director, The Arc of California
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NEW PROGRAM DEVELOPMENT GRANT FROM STATE COUNCIL ON DEVELOPMENTAL DISABILITIES
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Advocacy and Community Organizing
Advocacy Opportunities
The Arc of California collaborates with Gamaliel of California to provide Community Organizing and Advocacy training for our self advocates, family members and staff to have a louder voice telling their stories and becoming community leaders! You are invited to join their Second Annual Day at the Capitol in Sacramento on April 25, 2017 (Tuesday). 10 AM for orientation and briefing (location TBA) and legislative visits at 11:30 AM.
Last year, self advocates from The Arc in the East Bay joined the First Gamaliel Day at the Capitol, asking legislators to protect services for those with Disabilities and Transit for Youth. This was a first, because The Arc went outside of the disability organizations silo to get other agencies and church groups to join our cause, as we joined theirs. The result: more power and more organizations asking for the 10% campaign for people with disabilities! Last year's theme was
Justice for All
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The theme this year is
OUR VISION: Everybody In, Nobody Out!
So similar to our own mantra, Nothing about Us without Us! Policies should protect People, not hurt People! So please consider joining them in speaking up to those who represent us! The Gamaliel organization includes CROP (Capitol Region Organizing Project) in Sacramento, North Bay Organizing Project (Proyecto Organizativo Norte de la Bahia) in Santa Rosa and north counties, Justice Overcoming Boundaries in San Diego, and Genesis in Oakland. VOICED (Voices of Integration: Communities Empowering the Disabled) was started by Gamaliel trained leaders in Bakersfield and Kern County. Housing and Transportation legislative bills will be discussed and recommended, as well as Justice for People with Disabilities. Be there to share your view with your legislators!
There will be box lunches available (a donation to defray costs is appreciated). Please bring your own water bottle. RSVP here: https://goo.gl/forms/jiHXXRLIAyy6rTV83. Tell them that you are with The Arc California.
For more information, feel free to contact me:
Director of Advocacy and Community Organizing
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| News from the National Office |
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NATIONAL REQUEST from The Arc of the Unites States:
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By: Shira Wakschlag, Director of Legal Advocacy & Associate General Counsel
On Wednesday, in the second major win for students with disabilities and their families before the U.S. Supreme Court this term, the Court issued a unanimous decision in the special education case Endrew F. v. Douglas County School District RE-1. In an opinion authored by Chief Justice John Roberts, the Court clarified the test for determining whether school districts have met their obligation to provide a free appropriate public education (FAPE) to students with disabilities, definitively rejecting the incredibly low standard utilized by the Tenth Circuit in this case. Specifically, the Court held that:
To meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances...After all, the essential function of an IEP is to set out a plan for pursuing academic and functional advancement...A substantive standard not focused on student progress would do little to remedy the pervasive and tragic academic stagnation that prompted Congress to act.
Significantly, this is the first time the Court has articulated a specific standard of review for educational benefit required for schools to meet their FAPE obligations under the IDEA. In 1982, the Court held in Board of Education of Hendrick Hudson Central School District v. Rowley that the IDEA establishes a substantive right to FAPE for children with disabilities but declined to establish a specific standard for determining when children with disabilities are receiving sufficient educational benefits to satisfy the IDEA. Lower courts have thus interpreted this substantive right in a variety of ways, some applying an incredibly low standard of review as the Tenth Circuit did in this case, while others have established a higher bar and called for a "meaningful benefit" standard.
Here, Drew, a child with autism, was removed from public school in fourth grade by his parents when his behavior began deteriorating and he ceased making academic progress. His IEP repeated the same basic goals from year to year, indicating a lack of progress toward the IEP goals. His parents believed a dramatic change to the IEP was necessary, but the school district continued to present the same IEP without any meaningful changes. Accordingly, Drew's parents put him in a private school that specialized in educating students with autism and developed a behavioral intervention plan as well as more meaningful and robust academic goals. As a result, Drew began making dramatic progress. Drew's parents then met again with the school district who presented them with a new IEP that did not incorporate any goals or approaches that would match the level of services he was receiving at the private school.
His parents filed a complaint with the Colorado Department of Education seeking tuition reimbursement for Drew's private school due to the school district's failure to provide him with a FAPE since his final IEP was not "reasonably calculated to enable him to receive educational benefits." The Administrative Law Judge disagreed and the district court and Tenth Circuit affirmed. Citing Rowley and prior Tenth Circuit precedent, the panel noted that it had long interpreted Rowley's "some educational benefit" requirement to mean that an IEP was adequate as long as it was calculated to confer an educational benefit that is "merely more than de minimis." "De minimis" is a Latin phrase meaning "so minor as to merit disregard."
As noted above, the Supreme Court unequivocally rejected this bare bones approach to evaluating educational benefit and articulated a new, higher standard. The Court explained that when a child with a disability is integrated into the regular classroom, the IDEA typically requires providing a level of instruction that is reasonably calculated to permit advancement through the general curriculum. Where that is not a reasonable expectation, this does not mean that the IEP should be stripped of substantive and meaningful standards. Rather, the IEP:
must be
appropriately ambitious
in light of [the student's] circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom. The goals may differ, but
every child should have the chance to meet challenging objectives
. (Emphasis added.)
It is important to note that this decision overturns a standard utilized by Judge Neil Gorsuch who just completed his confirmation hearing before the Senate Judiciary Committee following his nomination to the Supreme Court. Last week, The Arc published a review of Judge Gorsuch's record on disability rights and highlighted his decision in Thompson R2-JSchool District v. Luke P. in which he employed the merely more than de minimis standard that was later used by the Tenth Circuit in the present case. Dr. Jeffrey Perkins, Luke's father, testified before the Judiciary Committee on Thursday, noting that Judge Gorsuch's articulated standard for an educational benefit that is "just above meaningless" was "devastating" to the family and "threatened" Luke's "access to an appropriate education and thus to a meaningful and dignified life." As Dr. Perkins explained:
Luke will always need support in a world that still seems perplexing and threatening to him. But his quality of life after 13 years of appropriate education is vastly better than it would have been otherwise. He cooks and does household chores. He is able to shop, work, eat and play in the community...His present life would not have been achievable without an appropriate education.
In his 10th Circuit ruling, Judge Gorsuch eviscerated the educational standard guaranteed by the IDEA...Legal philosophy and case law aside, such an interpretation clearly fails the common sense test. Why would Congress pass a law with such a trivial intent?
The Arc, as part of a large coalition of disability advocacy groups, participated in an amicus brief in support of Drew in November and attended oral arguments before the Court in January. While the standard articulated by the Court is not a detailed formula that specifically defines what appropriate progress will look like from case to case, it is unquestionably more demanding than the standard laid out by Judge Gorsuch and various other circuit court judges. In a time when the ability of people with disabilities to live in the community is under threat, the Court's unequivocal statement that the "IDEA demands more" is a major victory for students with disabilities and their families that should be celebrated.
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THE ARC UNITED CEREBRAL PALSY CALIFORNIA COLLABORATION: Public Policy Reports
California's acute and worsening shortage of housing - especially affordable housing - hits people with disabilities harder than practically anyone else in the state. They need - and often lack - housing that isn't just affordable but accessible too.
It should be no surprise that homelessness service providers tell us than more than half of the people they serve have disabilities.
We are supporting these two major bills this year:
Senate Bill 2 by Senator Toni Atkinson to impose a $75 fee on many real estate transactions, not including home sales, as a permanent funding source for affordable housing
Senate Bill 3 by Senator Jim Beall to put a bond act on the 2018 ballot to infuse $3 billion into the economy for affordable housing.
Both bills will reserve part of the funds for housing that's bot affordable and physically accessible, communications accessible, or both
Either bill will require a two-thirds vote in both houses of the Legislature to pass, a high hurdle any year. But the 2017-18 legislative session may be our best hope in years.
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Greg deGiere |
Greg deGiere
Public Policy Director
The Arc and United Cerebral Palsy California Collaborative
1225 Eighth Street, Suite 350, Sacramento, CA 95814
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NATIONAL REQUEST from The Arc of the Unites States:
| Seeking input and participation from families or unrelated caregivers in I/DD Community! |
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Dear colleague,
We are writing to you as a follow up to an e-mail we sent to you on January 26 regarding the Family and Individual Needs for Disability Supports (FINDS) Survey. As mentioned in previous correspondence, we have officially launched the 2017 FINDS survey in both print and electronic formats. In our efforts to gather survey data which is insightful and reflective of the diversity of the United States, we are asking our colleagues to help us disseminate the survey to their respective audiences through email lists, newsletters and social media channels. We are hoping that you would join us in this outreach effort.
We are inviting family or unrelated caregivers aged 18 years or older who provide primary paid/unpaid and frequent support to a person with an intellectual or developmental disability (IDD) living in the United States and U.S. Territories to participate in the survey. We are not seeking respondents whose primary relationship with an individual with IDD is as a direct support professional or paid caregiver for that individual(s).
We are hoping that you could help us by either sending out the link to our survey to your organization's email contacts, posting the survey link on your social media channels, or forwarding this email to others that you think would want to participate. Promotional materials, including sample Twitter and Facebook posts, emails, newsletter blurbs, and paper-based surveys in English and in Spanish, are also available here.
We greatly appreciate your support in this endeavor. Please feel free to forward this email on to any interested parties. If you have any questions, please contact:
Amie Lulinski, PhD, Director of Research and Evaluation, The Arc of the United States.
We thank you in advance for your participation.
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| Teresa Anderson, Prevention Coordinator |
HEALTH & WELLNESS ACTIVITIES
April is National Autism Awareness Month
Teresa Anderson, MPH
Each year in April people worldwide recognize Autism Awareness Month and seek to increase public awareness and educate people about autism. With nearly 50 years of recognition in the U.S. many scientific advances and a great deal of research has been done to discover the cause(s), develop a deeper understanding, prevention, early interventions, cures and treatments for autism. It is with a great deal of admiration, respect and gratitude that I thank the scientists, clinicians and researchers that dedicate their lives to furthering the understanding and awareness of autism. For the purpose of this weeks article I would like to focus on the importance of continuing to elevate and celebrate awareness at the societal level.
It is no secret that over the years people with autism and their families have not always been treated well. In fact, as we look back through the history of autism we remember when mothers of children with autism were referred to as "refrigerator mothers" and said to have caused autism by being cold to or not affectionate with their child. It was thought to be an emotional disorder cause by inadequate parental bonding. Soon there after it was determined to be a biological disorder, then a brain injury at birth, autistic psychopathy or schizophrenia, or.... whatever the latest explanation of the time may be. Regardless of the theory not much (if any) regard was given to the social-emotional development of children with autism. Aversion therapy was routinely used in an effort to make the children "normal". This type of therapy was harmful and many, including self-advocates, say it was cruel, painful and humiliating.
Thankfully, and due to some very strong advocates pushing for awareness, theories changed over the years. Though we as a society have come along way in the way we treat people with autism there is still along way to go in order to achieve social equity for people with autism. As we know, many social constructs begin in childhood, which is a great place to start when we talk about raising awareness. The Sesame Street Workshop has created Sesame Street and Autism: See Amazing in ALL Children, a nationwide initiative aimed at families with children 2 - 5 years old. To learn more about this initiative visit:
To learn more about the influence and impact of Sesame Street visit:
For more information about Autism Awareness Month visit:
The Autism Society
Autism Speaks
Teresa Anderson, MPH
The Arc California
Prevention Coordinator
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UPCOMING EVENTS
April 13-14, 2017
2017 CSLN Leadership Conference
Honoring the Heart of the Matter: Realities and Opportunities
Hotel: The Dana on Mission Bay in San Diego, CA
Call for Rooms: 1 800 445-3339 (code: California Supported Living Network)
October 5-6, 2017
31st Annual Supported Life Conference
"Designing Dreams: Blueprint for a Meaningful Life"
Crowne Plaza Sacramento Northeast
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RECENTLY RELEASED REPORTS, STUDIES, ETC.
http://calbudgetcenter.org/blog/president-trumps-child-care-proposal-benefits-struggling-families/
National Health Law Program
A Chart Prepared by the Center On Budget and Policy Priorities
Legislative Analyst's Office Report available:
The2017-18Budget:Proposition 98 Education Analysis
Contact 916-445-4656
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NEWS ARTICLES
Check this out Placer Arc showcased on the DDS website!
One of our own Chapters makes it Big!
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FUNDING OPPORTUNITIES
The following grant opportunity postings were made on the Grants.gov Find Opportunities service:
California Achieving a Better Life Experience (ABLE) Act Board for People with Disabilities is now seeking Investment Consultant Services. All interested in responding to this Request for Proposals ("RFP") may find it on the Cal E-Procure website. Please search for the RFP using Event IE: 4330.
HHS - Department of Health and Human Services Substance Abuse and Mental Health Services Adminis Grants to Expand Substance Abuse Treatment Capacity in Family treatment Drug Courts [Short Title: Family Treatment Drug Courts (FTDCs)] Synopsis 1
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CAREER LADDER
The Arc of California posts job announcements in the Career Ladder section every week because we would like to contribute to steering quality candidates to professional positions that support people with disabilities and we are trying to communicate to Direct Support Professionals that there is a real "career ladder" in their chosen profession.
Jobs Page Links:
Click Here
Creativity Explored:
The Executive Director (ED), reporting to the Board of Directors, will have overall responsibility for leading all aspects of CE's organizational effectiveness, health and sustainability. The ED has a key role in stewarding and advancing an internal culture that nurtures and celebrates individual creativity - a place where artists with developmental disabilities can thrive, create and be recognized through their work. Working in close collaboration with an experienced staff of teaching artists, the ED facilitates a culture of learning, inclusion, respect, and joyful chaos. The ED will lead the efforts to expand earned income through art licensing and sales, and actively build a more robust contributed income program that includes increased foundation, major gift and planned giving programs. Increasing CE's profile regionally, nationally, and internationally through the promotion of studios artists' work will be an important vehicle for ensuring the mission of CE is sustained over time.
Description The Arc seeks a Director of Advocacy and Mobilization to harness the power of and expand The Arc's nationwide advocacy network of people with intellectual and developmental disabilities (I/DD), their families, and our 650+ chapters in support of our federal public policy agenda. This new position offers an opportunity to join a deeply committed, high-impact, collaborative policy team at The Arc working to advance the civil rights and full inclusion of people with I/DD. In 2017, The Arc plans both to quickly ramp up engagement of our chapters and activists on key issues during what we expect to be a fast-paced, high-demand year, and also to lay the groundwork to continue to build our movement over the long term. This position will lead The Arc's work to strengthen our current chapter and activist advocacy engagement capacity, including online engagement and story sharing. This position will also work closely with The Arc's policy, communications, online communications, and marketing teams on mid-range and long-range planning initiatives already underway.
The North Los Angeles County Regional Center (NLACRC) Deputy Director shall be responsible for the leadership, planning, organization, development and direction of the Consumer and Clinical Services of the Regional Center ("Center") in accordance with the Center's contract with the State of California's Department of Developmental Services ("DDS") and the policies established by the Board of Trustees ("Board"). The Deputy Director assists and supports the Executive Director in the overall management of the Center. S/he advises the Executive Director and the Board on policy matters that would further the mission of the organization and ensures compliance with various contractual, regulatory, legal and other requirements. The Deputy Director shall serve as a staff liaison to the committees of the Board, as appropriate. Upon direction, represent the Center at community, local, state and national meetings. The Deputy Director will serve as the Executive Director upon his/her absence.
More generally, the Assistant Directors serve to assist the Agency Director and Chief Operations Officer in the overall leadership activities of the Agency, and to provide oversight and management to an assigned branch: Social Services, Behavioral Health, Public Health, or Administration. The Assistant Directors oversee the development and implementation of policies and procedures for branch programs in accordance with state and federal regulations; delegate responsibilities, monitor assignments, ensure staff accountability and compliance, and oversee information/communication functions; direct the supervision of other positions as assigned and encourage a supportive work environment with open, honest, direct and respectful communication; provide timely information to the Director and Chief Operations Officer in anticipation of changing service delivery needs and the needs of staff; and provide timely information to staff regarding decisions and plans within the Agency. When assigned, acts as representative of the Agency to other community groups or agencies.
The Legislative Director position is based in Sacramento and is part of the team responsible for DRC's legislative activities in California. The position reports to the Advocacy Director. The Legislative Director provides overall direction to DRC's public policy activities with the goal of increasing DRC's legislative presence. The position supervises legislative advocates.
Under administrative direction, serves to assist the Agency Director and Chief Operations Officer in the overall leadership activities of the Agency, and to provide oversight and management to an assigned branch: Social Services, Behavioral Health, Public Health, or Administration. The Assistant Directors oversee the development and implementation of policies and procedures for branch programs in accordance with state and federal regulations. Assistant Directors delegate responsibilities, monitor assignments, ensure staff accountability and compliance, and oversee information/communication functions. Assistant Directors direct the supervision of other positions as assigned and encourage a supportive work environment with open, honest, direct and respectful communication. In the absence of the Agency Director, may assume responsibility for the budget process, and the allocation of infrastructure, information technology, and fiscal resources throughout the Agency. Acts on behalf of the Agency Director or Chief Operations Office in their absence as delegated.
The ideal candidate will have a strong history of leadership in complex behavioral health systems, quality assurance, budgetary and financial management, grants administration, regulatory compliance, and working in a collaborative labor-management setting. The candidate will have a demonstrated track record of successful, strengths-based management, possess excellent analytical and oral presentation skills, and the ability to successfully communicate with a broad variety of stakeholders. A demonstrated aptitude for data-driven quality management is critical to success in this executive position.
The Arc Maryland is seeking a new dynamic Executive Director to lead this statewide organization, which is one of the largest grassroots disability advocacy organizations in Maryland. The Arc structure consists of ten local chapters located throughout Maryland providing both direct services and advocacy and is affiliated with the national organization. The Arc Maryland has been awarded Standard of Excellence certification from the Maryland Nonprofits Association.
Working closely with the Director of Individual Philanthropy, the Manager is accountable for planning and implementing sustainable fundraising strategies and tactics for the individual giving program in conjunction with The Arc's overall organizational objectives. S/he will identify, cultivate, and solicit donors through a variety of philanthropic channels including direct mail, online, acquisition, major donor and federated giving. This position will require the ability to analyze data to define program success and inform future strategy. She/he oversees the implementation of a donor database for data entry and gift processing. This position will communicate regularly with key donors, including managing a portfolio of major gift prospects. S/he plays a key role in the message creation and dissemination of all fundraising materials. This position must be able to work in a collaborative team environment as well as autonomously to meet fundraising goals.
This position will share responsibility for reinvigorating and growing The Arc's major gift and planned giving program with the Director, Individual Philanthropy. The officer must have experience with cultivation and closing planned and major gifts. S/he is responsible for identifying, and managing relationships with planned giving and high-capacity potential donors across the country. In addition, the officer will be responsible for a portfolio of planned and major gift donors. S/he possesses exceptional interpersonal skills with the ability to interact effectively with donors and prospective donors. The officer will have excellent organizational skills with particular attention to systems, processes, and details, and possess the capacity to multi-task. S/he will play a key role in the message creation and dissemination of all planned giving materials. The officer must be able to work in a collaborative team environment as well as autonomously to meet fundraising goals. S/he will be required to travel throughout the United States to meet with donors and prospective donors. This position is based in Washington, DC and reports to the Director, Individual Philanthropy.
The Executive Director, as the Chief Executive Officer, is responsible for the management and operation of all programs and services provided by Contra Costa ARC, for implementing all policy decisions of the governing Board, and for employing and supervising a staff whose dedication and high morale creates a healthy working environment and produces quality of service more than adequate to achieve Board objectives. S/he oversees the administrative and fiduciary functions of the agency. S/he represents the agency to the community, and builds strong relationships with key stakeholders, agency staff, and the Board. S/he partners with the Board in fundraising to support Contra Costa ARC programs. . .
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