The ADA Legacy Project celebrates the impact of the Americans with Disabilities Act on disability rights, and honors the contributions of individuals with disabilities and their allies who persevered in securing the passage of this landmark civil rights legislation. Georgetown University has compiled a collection of historical documents related to the ADA that date back to the 1980s, the decade preceding the milestone signing of the Americans with Disabilities Act by President George H.W. Bush on July 26, 1990. More...
Moments in Disability History 24
ADA's International Impact
On December 3, 2014, the United Nations will be celebrating the 17th annual International Day of Persons with Disabilities. Significant in the history of the United Nations with regard to people with disabilities is the Americans with Disabilities Act (ADA). The ADA was the first major piece of national legislation in the world to address systematically the discrimination, barriers, and challenges faced by people with disabilities. Other countries followed suit by adopting similar ADA principles.
Between 1991 and 1999, the ADA inspired disability rights laws in Luxembourg, Italy, Japan, the United Kingdom and Sweden. A short video on this international impact is part of a web site on "The Emancipation Proclamation for the Disabled" created as a National History Day (NHD) Project by students Srija Reddy, Niti Malwade, Hamsini Nathan, Devika Patel and Khira Patel: http://13379618.weebly.com/international.html
The NHD is a highly regarded academic program for elementary and secondary school students. The web site won Second Place, Junior Group Website, in the Kenneth E. Behring National History Day Contest. The web site is an excellent summary of the pre-, peri- and post-ADA movement.
Rodrigo Jimenez Sandoval, a Costa Rican lawyer and consultant specializing in the rights of people with disabilities and women, described the ADA's influence on Latin American countries in comments made at the University of Alabama School of Law (Alabama Law Review, Vol. 52:1:419-423, 2000). The first Latin American disability legislation that was approved was a 1992 Brazilian law. The Chilean "Social Integration of Disabled Persons Law" followed in 1994 and, in May 1996, the Costa Rican "Law on Equal Opportunities for Disabled Persons" was approved. Similar laws followed in Guatemala, Nicaragua, Peru and Venezuela.
Professor Sandoval's full report is available at: ADA Re Latin America Jimenez.pdf
In the years after enactment of the ADA in the United States and similar laws internationally, people with disabilities and governments around the world began meeting and discussing an international treaty that would require other countries to protect the rights of people with disabilities. In 2006, these discussions culminated in the Disability Treaty (known as the Convention on the Rights of Persons with Disabilities (CRPD)), which is based on the principles of non-discrimination and inclusiveness that underlie the ADA. The convention was also inspired in part by the ADA, and the US provided important technical assistance during the convention's negotiation and drafting process.
The United Nation's International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities entered into force in 2008 and the United States signed the convention's principles in 2009. When the Disability Treaty was opened for signature in 2007, it was signed by 82 countries and ratified by one. Currently, 151 countries have ratified the convention... but not the United States.
More information about the Disabilities Treaty movement can be reviewed at http://www.disabilitytreaty.org/
The United States missed an opportunity to further display global leadership on disability rights on December 4, 2012, when the Senate failed to ratify the Convention on the Rights of Persons with Disabilities. Opposition claimed erosion of US sovereignty and reluctance to take up a treaty during a lame duck Congress. The Senate vote took place during the post-election ("lame duck") session of Congress and included debate and votes by senators who were not returning to the next Congress in January 2013.
On July 23, 2014, former Senate Majority Leader Bob Dole returned to the U.S. Capitol to urge ratification of a global Disability Rights Treaty as reported in this CNN story: http://politicalticker.blogs.cnn.com/2014/07/23/dole-back-on-hill-to-try-and-push-through-u-n-disabilities-treaty/
Other former supporters of the ADA who have expressed support for U.S. accession to the Disability Treaty include former President George H.W. Bush; C. Boyden Gray, former White House Counsel to President George H.W. Bush; and former U.S. Congressman Tony Coelho.
In addition, ADA activist and life-long disabilities and civil rights advocate Judith E. Heumann was appointed Special Advisor for International Disability Rights at the US Department of State. More information about her role in coordinating the interagency process for ratification of the Disability Treaty can be reviewed at http://www.state.gov/r/pa/ei/biog/144458.htm
The role of the United Nations with regard to people with disabilities is discussed at http://www.un.org/disabilities/default.asp?id=111
Honoring Government Innovation
Independence To Inclusion
A TPT Documentary Produced with the Minnesota Governor's Council on Developmental Disabilities
Stigma and stereotypes against people with developmental disabilities have long outlasted Minnesota's state institutions. How will inclusion in schools, the workplace, and the community affect the lives of thousands of Minnesotans with developmental disabilities? (View version with closed captioning)
The Disability Justice Resource Center is an online collection of statutes, regulations, case law, and commentaries intended to help the legal community better understand the many complex justice related issues for people with disabilities, particularly individuals with developmental disabilities.
NEW! The National Academy of Television Arts & Sciences, Upper Midwest chapter, has just announced the 2014 Upper Midwest Regional nominees. The TPT documentary, Independence to Inclusion, is nominated under "Documentaries – Cultural." http://midwestemmys.org/
The Convergence of Disability Law and Policy: Core Concepts, Ethical Communities, and the Notion of Dignity
Interview with Rud Turnbull
Produced by Minnesota Governor's Council on Developmental Disabilities
In writing a model law, in implementing the law and regulations, in discussing and explaining the intended effect and the actual effect of statutes, in confronting law and policy, in designing and delivering programs and services, there are people involved, there are lives that are affected. So the very first thing that needs to be talked about is personhood.
Throughout Rud Turnbull's teachings and writings about the 18 core concepts of disability policy, and as those concepts relate to the Americans with Disabilities Act, IDEA and its predecessors, assistive technology, family support, and aversive therapies, he speaks about relationships – those that are created and those that are challenged when people are forced to confront each other.
In all of his research on United State Supreme Court decisions and federal laws, Rud Turnbull finds one ethical principle that is interwoven throughout those decisions and statutes – the notion of dignity.
Bio: Rud Turnbull, Distinguished Professor in Special Education and Courtesy Professor of Law, University of Kansas, is the Co-founder and Co-director of the Beach Center on Disability. He has authored more than 300 peer reviewed books, articles, chapters, and monographs. He has served as an officer of nearly all major national disability organizations, including AIDD, The Arc, and TASH; as well as chair of the American Bar Association Commission on Disability Law, and Trustee and Chair of the Board of Trustees for the Judge David L. Bazelon Center for Mental Health Law.
Regular Lives for Families with Children with Disabilities
Interview with Kathie Snow
Kathie Snow is an author, public speaker, trainer, and consultant. Her interest in disability issues was born in 1987 with the birth of her son, Benjamin, who was diagnosed with cerebral palsy at four months. Before that, she had no knowledge or experience in the disability field. Like most parents, she was bewildered and somewhat frightened; and, like most parents, she eagerly entered the world of disability services and interventions. She listened to what doctors recommended, she went along with all of the therapies.
She was convinced that if some was good, then more was better. Home became a therapy clinic. The professionals told her what a great mom she was (presumably because she was doing what they told her to do!!!)... but then, when she started saying "no" to "more therapy," she became a non-compliant parent.
The third edition of Kathie's book, Disability is Natural, Revolutionary Common Sense for Raising Successful Children with Disabilities, has just recently been released.
The Top Questions Asked About Inclusive Education
Dr. Patrick Schwarz
Dr. Patrick Schwarz, Creative Culture Consulting LLC., is a dynamic and engaging motivational speaker and leader in Inclusive Education, Special Education, General Education, Educational Leadership and Human Services. Patrick is a professor at National-Louis University in Chicago; and has authored several books with Paula Kluth - From Disability to Possibility, You're Welcome, Just Give Him the Whale, and Pedro's Whale. His newest book is From Possibility to Success.
The video was recorded on June 5, 2013.
Positive Behavioral Supports
The Jensen settlement agreement called for a review of best practices related to positive support strategies. A Positive Behavioral Supports section has been created, dedicated to the class members of the Jensen Settlement Agreement.
The work of the Rule 40 committee began with a review paper of all state rules and regulations governing aversive procedures written by Michael Mayer. On February 6, 2013, Michael Mayer visited the Minnesota Governor's Council on Developmental Disabilities and was interviewed.
Mike Mayer is a senior partner of Community Resource Alliance. He is also the clinical director of the ACT Process in the state of Illinois.
The History and Evolution of Behavioral Approaches and Positive Behavioral Interventions
Derrick Dufresne is the founder and a Senior Partner of Community Resource Associates, Inc. (CRA), a training and management consulting firm that is dedicated to promoting full community inclusion for individuals with disabilities. Video interview conducted February 1, 2012
Respect and Dignity Practices Statement (June 20, 2013) is a result of the Jensen Settlement Agreement and the work of the Rule 40 Advisory Committee to modernize Rule 40 around best practices regarding positive behavioral supports.
The article, Human Services Restraint: Its Past and Future, authored by David Ferleger, traces this history and discusses how the past has influenced contemporary practices.
Dr. Herbert Lovett
Dr. Herbert Lovett promoted inclusive supports and equal access in the areas of education, employment, housing, and human rights for children and adults with disabilities. This interview was conducted with Larry Ringer, Minnesota Disability Law Center, in 1987.
"Telling Your Story"
App Available Now for iPad, iPhone, iPod Touch, and Amazon Kindle Fire
Compose and practice your personal story to present to elected public officials or other policymakers. Learn the best ways to introduce yourself and talk about your issue, record and practice your story, and include a photo if you would like.
Important Note: The recent Apple update to iOS 8 has caused crashing issues in the iPhone and iPad version of the apps. If you have these apps installed and have updated your device to iOS 8, we are aware of the issues and will be issuing an update soon. Users of iOS 7 and earlier may continue to use the app with no problems. A separate notice will be issued when the iOS 8 compatible update is available at the iTunes App Store.
Autism 5-Point Scale EP App Receives Digital Government Achievement Award
The Autism 5-Point Scale EP app, designed and developed as an emergency planning and preparedness tool for individuals with Autism Spectrum Disorder, has received a Digital Government Achievement Award (DGAA), in the Government-to-citizen State Government category. This app can help facilitate communications and interactions between individuals with ASD and first responders in a broad range of emergency situations.
We extend our deepest thanks and appreciation to the Autism Society of Minnesota for their leadership with the Emergency Planning and Preparedness Project that included the development of this app.
The Minnesota Governor's Council on Developmental Disabilities has been named a 2012 Tekne Award finalist by the Minnesota High Tech Association for the Autism 5-Point Scale EP app. The finalist nomination is in the Mobile & Communication Technologies Award category that recognizes innovation in mobile applications and electronic communications.
The Jobs Challenge for People With Disabilities
Competitive wages, direct employment, in Minnesota. Individuals with developmental disabilities are being directly employed in a broad range of business fields and a wide range of positions in both public and private sectors. In all instances, the experiences of employees and employers have been overwhelmingly positive – employees are in jobs of their choosing with full benefits; and the businesses are thriving, recognizing the contributions that a truly diversified workforce can bring to their customers.
Ed Roberts, Activist
Ed Roberts was a pioneering leader of the disability rights movement. Ed declared that people with disabilities are fully human; that they have a right and a responsibility to take control of their own lives, to help build a new culture in which they and all people participate fully in the leadership, the labor, and the fruits of society. Ed Roberts Day was Monday, January 23, 2012.
Professor John McKnight: Community Building
Slideshow: There are many approaches to community organizing. The heart and soul of John McKnight's approach are all of the people who live in a community, and the wealth of their combined gifts, abilities, and skills that create a welcoming and wholly inclusive environment.
Capacity Building Beyond Community Services
Anyone interested in successfully including people on the margins into neighborhood and community life needs to listen to John McKnight and study asset based community development. John is a community organizer, an academic and a brilliant story-teller...
A collection of John McKnight's papers, where he further explains the building blocks and assets that make for an inclusive community, can be found at John McKnight Resources and Documents.
1962/2012 Minnesota Survey of Attitudes Regarding Developmental Disabilities
Perceptions, awareness, beliefs, and attitudes about people with developmental disabilities have changed substantially in the past 50 years. MarketResponse International has just completed a survey of the general population in Minnesota that shows these marked shifts.
The Evolution of the Quality of Care in Developmental Disabilities
Jim Conroy is the founder and President of the Center for Outcome Analysis, Inc., a non-profit firm that is devoted to evaluation, research, training, and policy analysis on quality of life issues in the developmental disabilities field. The Center is founded on the principle that service agencies should be guided by measurable quality of life outcomes regarding the services and supports received by individuals with developmental disabilities.
The METO Lawsuit and Jensen Settlement Agreement
At the December 1, 2011 Fairness Hearing before United States District Court Judge Donovan Frank, the METO Settlement Agreement was accepted. Judge Frank issued the official Order on December 5, 2011. In this first videotaped interview with Shamus O'Meara, counsel for the Plaintiffs in the METO class action lawsuit, he talks about his decision to take the case, the legal issues involved, and some of the critical aspects of the Settlement Agreement, including the focus on staff training around person centered planning, and the establishment of both an Olmstead Committee and Rule 40 Committee.
Following the Fairness Hearing, Shamus O'Meara was interviewed by Minnesota Public Radio (MPR). A related article was featured on MPR's "All Things Considered" on December 1, 2011.
Interviews about the METO Lawsuit and Agreement were conducted with Shamus O'Meara, Counsel for the Plaintiff; Steve Larson, The Arc Minnesota; Pamela Hoopes, Minnesota Disability Law Center; Roberta Opheim, Ombudsman Office for Mental Health and Developmental Disabilities; and Self Advocates.
Ethical Issues, End of Life Conversations and Developmental Disabilities
Honoring Choices is a collection of stories by ordinary people about end of life conversations with family and friends, sharing perspectives from personal and professional lives.
The Council thanks Bill Hanley and Pam Palan for inviting our participation in this important initiative. Please note: These stories are not closed captioned.
Congratulations to Twin Cities Public Television, recipients of the 2012 "Making a Difference" Award from the National Academy of Television Arts and Sciences, Upper Midwest Chapter for Honoring Choices Minnesota, a documentary about end of life conversations. The documentary was produced in partnership with the Twin Cities Medical Society. The Minnesota Governor's Council on Developmental Disabilities worked with TPT in this public education effort and participated in 54 video stories that shared the perspectives of individuals with developmental disabilities, family members, and allies.
Thinking Ahead: Thank you to the California Department of Developmental Services for creating resource materials in plain language that can be used with self advocates to discuss end of life issues. This guide can be useful in assuring that self advocates express preferences about end of life decisions. Please note: this is not a legal document.
The Evolution of Disability Rights Litigation (and some stories)
David Ferleger, J.D. of Philadelphia, PA, has a national law and consulting practice, specializing in public interest, civil rights and disability law. He has litigated landmark disability cases, argued five times before the Supreme Court of the United States, assisted the courts, represented individuals and government agencies, taught law school, and has written, lectured and consulted nationally.
Institutions to Independence
In addition to the documentary, the Minnesota Governor's Council worked with TPT to create "Know Your Rights", an Illustrated Essay by David Gillette regarding the Rights of People with Developmental Disabilities.
Meet the Future Face of Employment
Individuals with Autism Spectrum Disorder in Technology Fields
Meet the Future Face of Employment, offers a broad range of information and resources to help anyone interested in supporting individuals with autism spectrum disorder to be employed in technology fields.
News and Information
Karen Loven is the first self advocate in the United States to serve as a faculty member for Continuing Legal Education (CLE) courses. At The Arc Minnesota 2014 Awards Celebration on Saturday, November 15, 2014, Karen received the Bill Sackter Citizenship Award. In co-presentations with United States District Court Judge Donovan Frank, Karen quickly does away with stereotypes that continue to surround individuals with developmental disabilities – changing perceptions, thinking, and attitudes. (11/18/2014)
Congratulations to the Ambassadors for Respect, recipients of The Arc Minnesota Community Innovator Award, for the Anti-bullying Program they have carried out with 4th grade elementary school students in the North St. Paul and While Bear Lake school districts. (11/18/2014)
Minnesota Special Education Experience Study 2014
In followup to the K-12 Education Study for Students with Developmental Disabilities that MarketResponse International conducted in 2013, and based on the insights gained from that study, the Minnesota Special Education Experience Study was conducted in 2014. This study was done in collaboration with the Minnesota Department of Education, Special Education Division. The purpose of this recent study was to obtain benchmark measures of overall quality and satisfaction levels of the special education experience from the perspective of parents and the students themselves. The results show satisfaction levels by grade level and geographic location, quality drivers of the education experience, and awareness of and attitudes about Positive Behavioral Interventions and Supports. (9/5/2014)
*PDF version contains accessible text that can be accessed through the "Read Aloud" feature in Adobe Reader
FFY 2014 Training Conferences Cosponsorship Funds Awarded: Eleven Minnesota organizations were recently awarded cosponsorship funds for training conferences. The conferences provide opportunities for participants to learn about best practices, and develop or strengthen their personal leadership skills. The expectation is that these training experiences will result in increased independence, productivity, self determination, integration and inclusion of people with developmental disabilities and their families. (2/17/14)
The Governor's Council on Developmental Disabilities (GCDD) has issued its 2013 Annual Report. (1/6/14)
On January 28, 2013, Governor Mark Dayton issued an Executive Order creating a 10 member Governor appointed Sub-Cabinet to "promptly develop and implement a comprehensive Minnesota Olmstead Plan" that reflects the spirit and intent of the Americans with Disabilities Act (ADA), and is consistent with the Olmstead decision that interpreted Title II of the ADA. Lieutenant Governor Yvonne Prettner Solon will chair the Sub-Cabinet. (1/29/13)