From the New York Times:

A federal judge has ordered the state of New York to move some 4,300 people with mental illness out of warehouse-like institutions that keep them segregated from society.

The order by Judge Nicholas Garaufis follows his decision last fall that the state was illegally discriminating against people with mental illness by holding them in privately-run “adult homes” that were just as restrictive as the state-run institutions they were intended to replace.

Judge Garaufis ordered the state to develop at least 1,500 units of supportive housing a year for the next three years. The state had argued that supportive housing would be unacceptably expensive. Commenting on the proposal submitted by the state, the judge wrote, “The court is disappointed and, frankly, incredulous that defendants sincerely believed this proposal would suffice.”

Earlier posts here and here and here.

See also: The 2002 series of articles by Clifford J. Levy of the New York Times that described scenes of misery, squalor and exploitation in the adult homes.

‘Our leaders fail the neediest’

Columnist Rick Green, writing in the Hartford Courant, says Connecticut’s leaders have spent hundreds of thousands of dollars on a legal fight to keep the Southbury Training School open, even though they know the facility violates federal discrimination law. “We will pay dearly for this,” he writes. A legal challenge to the sprawling institution for people with intellectual disabilities is being heard in federal court.

Green describes Southbury as a “1950s-era model for segregated care of the disabled,” and a “world that I thought existed only in film documentaries.” He says former Connecticut Gov. John Rowland caved to pressure from fearful families and staff fifteen years ago in a “transparent political move” that effectively halted efforts to move institutional residents back into the community and would “infect state policies for years to come.”

Experts say there is no reason why people with complex disabilities can’t live satisfying lives in the community with appropriate support, but families and guardians need to be educated about the possibilities to allay fears. Further, they say, community-based care comes at a lesser cost: approximately $122,000 per person per year, as compared with Southbury’s pricetag of $350,000 each for some 450 residents. An excerpt:

After more than a decade of waiting, we await a solution from a federal judge.

That’s what you get when nobody leads.

See also: School for intellectually disabled under pressure to change — Hartford Courant

Harvard University professor Thomas Hehir, writing in Education Week, calls for action to make sure that students with disabilities have access to charter schools. Presently, he says, students with special needs are conspicuously underrepresented in such schools.

Hehir, who served as director of the U.S. Department of Education’s office of special education programs in the Clinton administration, says officials should develop policies to assure that charters are not discriminating against students with disabilities.

He recommends increased monitoring of charters, enforcement of civil rights protections, financial sanctions against charters which fail to enroll equitable shares of students with disabilities, and support to assist schools in serving students with diverse needs. An excerpt:

The charter school movement shows much promise, and is providing important choice options within the American education system. It’s time to assure that all children benefit from it.

From the Jackson [MI] Citizen Patriot:

Michigan’s chapter of the American Civil Liberties Union has accused a local school district of breaking the law by preventing a 5-year-old with cerebral palsy from bringing her service dog to school.

Ehlena Fry’s parents argue that her medically prescribed, certified service dog, Wonder, must accompany her to school in order to help her to become an independent member of the community. Ehlena’s IEP team in the Napoleon Community Schools concluded that the girl’s needs are being met by her full-time classroom aide.

“To force a 5-year-old girl with cerebral palsy to choose between her independence and her education is not only illegal, it is heartless,” said Michael J. Steinberg, ACLU of Michigan legal director.

Community members helped the Frys raise more than $13,000 last year to get the dog from 4 Paws for Ability.

From AP/ABC News, EEOC press release, EEOC data:

New federal statistics show the the number of workers claiming job discrimination based on disability rose to a new record in fiscal 2009. Statistics released by the Equal Employment Opportunity Commission showed that charges of disability discrimination rose by ten percent to 21,451 claims, the largest increase in any category.

Complaints claiming discrimination based on religion or national origins also surged to record highs last year. “Equal employment opportunity remains elusive for far too many workers and the Commission will continue to fight for their right,” said the commission’s acting chairman, Stuart Ishimaru. “Employers must step up their efforts to foster discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC.”

The increase in disability bias claims coincided with the economic downturn and changes in the Americans with Disabilities Act that significantly broaden protections for people with disabilities.

Overall, the EEOC received more than 93,000 employment discrimination claims in fiscal 2009.

From USA Today:

Crumbling sidewalks across the nation don’t meet federal requirements for disability access, putting people in wheelchairs at risk as they take to the streets.

Although there are no specific statistics on the number of accidents involving wheelchairs in streets, according to the U.S. Department of Transportation’s Fatality Analysis Reporting System, disability was a factor in 617 pedestrian traffic fatalities last year.

Disabled residents here take their lives in their hands getting from point A to point B, says Scott Crawford (above), a disability-rights advocate.

([Jackson, MS] Clarion-Ledger photo from USA Today)

See also: Cape gets mixed grade for access — Cape Cod Times

From San Francisco Chronicle, Bay City News wire/CBS5 San Francisco:

A federal judge has ruled that the U.S. Social Security Administration’s benefit notice methods violate federal law because they do not provide equal access for approximately 3 million recipients who are blind or have limited vision.

U.S. District Judge William Alsup ordered the agency to give people the option of receiving notices in Braille or audio computer discs. Presently, notices are sent by mail with the option of a follow-up phone call.

… Alsup said the Social Security Administration refused to acknowledge that it was even covered by the anti-discrimination law until after the suit was filed in 2005, and “has been quick to find lame excuses for noncompliance.”

… “This is a huge benefit,” said attorney Silvia Yee of the Disability Rights Education and Defense Fund in Berkeley, a lawyer for the plaintiffs. She said the ruling will allow many recipients “to have an independence in working with the (Social Security Administration) that they’ve never had before.”