The ADA Legacy Project Bus Tour
The ADA Legacy Project Bus Tour is coming to Minnesota! Two stops are scheduled – on Wednesday, August 6 at the Continuing Education and Conference Center for the meeting of the Governor's Council on Developmental Disabilities, from noon to 2:30 p.m. and on Thursday morning , August 7 at the State Capitol from 9:00 a.m. to 12 noon. The Council is a partner with the ADA Legacy Project and is posting a series of "Moments in Disability History" that capture some of the historical background and the individuals who laid the groundwork, gained the support of American citizens and policymakers, and helped to craft this civil rights legislation for people with disabilities.
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.
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 Georgetown University has compiled a collection of historical documents related to the ADA that date back to the 1980s, the decade preceding the milestone signing of the Americans with Disabilities Act by President George H.W. Bush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 19
From the Least Restrictive Environment (LRE) Through the ADA Title II to the Most Integrated Setting
Litigation in the 1950s, 1960s and 1970s questioned both the purpose of institutions and the confinement of people in institutions, and progressively led to the Americans with Disabilities Act (ADA) language that the United States Supreme Court was later to use in the Olmstead decision – declaring that to needlessly confine a person in an institution is segregation, that segregation is discrimination, and the ADA forbids such discrimination.
It began in 1954 with Brown vs. the Board of Education, the civil rights case that established the principle that school segregation denied students an equal educational opportunity. The United States Supreme Court held that separate was not equal, and although the Brown decision referred to racial segregation, it began to influence thinking about people with disabilities. In the aftermath of Brown, a number of subsequent court challenges held that people cannot be confined to institutions if less restrictive measures could be taken to keep them safe in the community. The concept of "least restrictive environment (LRE)" then began to find its way into court decisions in the late 1960s and early 1970s. From there, the concept continued to evolve.
During the 1980s, advances in assistive technology and services, coupled with a values base, advanced the notion that people with disabilities be included in society. The concept of inclusion was based on the premise that all individuals with disabilities had a right to participate and not just be present in the community, in activities with their neighborhood peers, siblings, and friends. Least restrictive was not enough; more was required.
Following the passage of the ADA in 1990 and as directed by Congress, the United States Attorney General issued regulations implementing Title II that are based on the regulations issued under section 504 of the Rehabilitation Act. The Title II regulations require public entities to "administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." The preamble discussion of the "integration regulation" explains that "the most integrated setting" is one that "enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible..."
The language of full integration, the integration mandate, was then incorporated into the ADA by virtue of these regulations and reflected in the Olmstead decision.
In this video, David Ferleger, Esq., lawyer and long-standing champion of the rights of people with developmental disabilities, traces early institution litigation to the ADA and then the use of the ADA language in Olmstead.
Video: David Ferleger, Esq.
Stephen F. Gold is the foremost attorney in the disability rights movement. As attorney for Idell S. and Helen L., he sued and won against the state of Pennsylvania on the basis of the ADA for unnecessarily segregating people in nursing homes rather than providing them with attendant services in their own homes. In this video, attorney Gold discusses the transition to the most integrated setting language in the ADA that was reflected in the Olmstead decision.
Video: Stephen F. Gold
A Discussion of Helen L., Presented by Ohio State Independent Living Council (SILC) on January 22, 1998
In 2014, in partnership with TPT, Minnesota Public Television, two products were developed. The documentary Independence to Inclusion, addresses the stigmas and stereotypes about people with developmental disabilities that still persist but also speaks to the inroads being made to counter those perceptions and attitudes. The documentary can be viewed at http://www.mnvideovault.org/mvvPlayer/customPlaylist2.php?id=26487#0
Dr. Patrick Schwarz, a professor at National-Louis University, Chicago, is also an author, motivational speaker and leader in inclusive education. In this video, he describes the movement of a student from a least restrictive environment to an inclusive education classroom.
In commemoration of the 15th Anniversary of the Olmstead decision, I Am Olmstead tells the stories of individuals who are living independently in the community and have benefited from Olmstead. Their stories can be viewed at: https://www.facebook.com/pages/I-am-Olmstead/234018840101607
The Disability Justice Resource Center, an online collection of resources for the legal community, was created to help them better understand the justice related issues that face individuals with disabilities, particularly individuals with developmental disabilities. The Resource Center is available at http://disabilityjustice.tpt.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.
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
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)