March 2025
Volume 18 Issue 5
March is Developmental Disability Awareness Month! This year, our Center is highlighting the important work of State DD Councils.
Developmental disabilities are a group of conditions that begin during a child's developmental period and may impact day-to-day functioning. Most developmental disabilities begin before a baby is born, but some can happen after birth because of injury, infection, or other factors. These conditions include ADHD, Autism spectrum disorder, cerebral palsy, fragile x syndrome, and more.
The Developmental Disabilities Assistance and Bill of Rights Act Amendments of 2000 (The DD Act - English and Spanish) authorized programs that empower individuals with developmental disabilities and their families to shape policies that impact them. State DD Councils are one of those programs. The Councils are made up of voluntary members appointed by the state’s governor and, by law, must have a majority of members who have a developmental disability or are a family member of a person with a developmental disability. Key activities include conducting outreach, providing training and technical assistance, removing barriers, developing coalitions, encouraging citizen participation, and keeping policymakers informed about disability issues.
Learn more and connect with your State’s DD Council.
‘Inclusion @ Work’ 2024 Survey Reveals Significant Challenges in Workplace Accessibility
Deloitte Global’s report provides insights into the workplace experiences of 10,000 respondents with disabilities across workplaces in 20 countries. The survey reports information on self-identification and disclosure as well as accommodation request practices. Check out the findings and read the full report.
TravelingWiki CEO Honored for Supporting Travelers with Autism and Invisible Disabilities
Microsoft CoPilot AI recently recognized Jonathan Sutter, TravelingWiki Foundation CEO, for “building a legacy of leadership, (including) significant contributions across various fields, particularly aviation & travel.” Check out the Bilingual/Multilingual Travel Wiki for Autism Resources at U.S. Airports.
Disability Amid Natural Disaster
People with disabilities are disproportionately more likely to be displaced, never to return home, and to receive scam offers according to CDC data. Experts say the neglect of people with disabilities during natural disasters is in large part due to their exclusion from the planning process.
Galesburg Schools Moving Forward with Federal Appeal Involving Student with Disability
Last July, Pamella Bess-Tabb and her husband filed a lawsuit against the Galesburg Community Unit School District #205 and the Illinois State Board of Education alleging the district violated the Individuals with Disabilities Education Act (IDEA). The parents allege the district did not do what it could to provide their child with an appropriate education alongside classmates without disabilities. The lawsuit stated that the district wanted to send the child to a school for students with disabilities in Peoria arguing it would be a better fit for the child's education. In December, U.S. District Judge Hawley sided with the child's parents and in January the school board voted to proceed with an appeal to Hawley's ruling.
Blind Illinois Veteran Develops Brain-Controlled Assistive Technology
Illinois Army National Guard Veteran Zuby Onwuta, a native of Nigeria, joined the Army to serve his adopted homeland and help fund medical school before blindness cut his enlistment short. The Harvard-MIT trained inventor went on to develop and patent a brain-controlled blind assistive technology called Think and Zoom. This hands-free solution that uses a person’s brainwaves to allow individuals with blindness or low vision to zoom in or turn text to audio.
Executive Order Signed to Contain Soaring Medicaid Costs for ABA Therapy
Applied Behavior Analysis (ABA) therapy is a treatment option for children and adults with autism. Governor Braun’s office shared that the U.S. Office of the Inspector General previously did an audit of Indiana’s ABA payments in 2019 and 2020 which found the state made at least $56.5 million in improper Medicaid payments for the therapy due to several problems, including a lack of evaluations, referrals, and documentation. The order establishes a working group of parents, legislators, experts and physicians to help find solutions and contain costs.
Indiana Senate Passes Medicaid, HIP Overhaul Despite Concerns About Access and Coverage
Indiana lawmakers want to address rising Medicaid costs in the state budget by overhauling its Medicaid expansion program. The Senate approved legislation that would make several significant changes to the Healthy Indiana Plan, or HIP. Advocates, hospitals and providers have raised concerns about the impact Senate Bill 2 could have on access to care and health coverage in Indiana. The bill now goes to the House for review.
$99,000 Grant for Health Equity Training on Disability and Aging in Communities of Color
MI-DDI’s awarded project will design, implement and evaluate a health equity training curriculum for primary care health professionals and trainees. The focus of the training will be on the intersection of disability and aging in communities of color. Part of the proposed plan for addressing challenges to health equity include improving health care providers’ knowledge of older adults of color with intellectual and/or developmental disabilities (I/DD), expanding initiatives focused on intersectionality and disability, and continuing equity training beyond the initial grant period. The long-term goal is to develop a national model for other states to train health professionals on the unique needs of older adults with I/DD in communities of color.
Nonprofit and Corporation Are Redefining Inclusive Workplaces
Through an innovative partnership with Disability Advocates of Kent County (DAKC), Steelcase is reimagining what it means to create truly inclusive workplaces. At the heart of this effort lies the Test Pilot program, a DAKC initiative where individuals with disabilities evaluate spaces and provide direct feedback on how environments can better accommodate all users. The Steelcase team has taken the Test Pilots’ insights seriously, using their feedback to influence future workplace solutions that will be integrated into their corporate environment and the furniture and systems they design for clients globally. The Test Pilots’ impact extends beyond Steelcase. Test Pilot feedback has led to real-time changes in these cases, preventing costly mistakes before construction is finalized.
Legislators Unveil Minnesotans with Disabilities Act to Mirror Federal Disability Protections
On March 18, a bipartisan group of legislators and disability justice advocates unveiled the Minnesotans with Disabilities Act. This bill would enshrine federal protections of reasonable accommodation for people with disabilities into Minnesota law. The Minnesotans with Disabilities Act closely mirrors Section 504 the Rehabilitation Act of 1973, which offers strong protections from discrimination based on disability in programs that receive federal funding. The Minnesotans with Disabilities Act will offer the same protections at a state level.
Minnesotans with Disabilities Say Proposed Budget Cuts Would ‘Bring Us Backward’
Minnesotans with disabilities are pushing back against Gov. Walz’s proposed measures to reduce planned increases in state spending on the Medicaid waivers that support tens of thousands of people with disabilities. Whether Minnesota lawmakers will support the governor’s proposed changes remains unclear. Some in the industry noted that Minnesota has prioritized waiver services that allow people to live more independently at home or in the community. They added that other states likely have more people living in larger institutions, which wouldn’t be reflected in Medicaid spending data. Advocates for aging Minnesotans are also worried about what state and federal changes could mean for them.
Learn more about Medicaid: Department of Human Services (DHS) Informational Materials on Why Medicaid Matters in Minnesota
Youngstown’s Youth Intensive Services Delayed Outcome
Last year, Disability Rights Ohio released a public report raising concerns after a 16-month investigation into residential treatment facility Youngstown’s Youth Intensive Services (YIS). The Ohio Department of Mental Health and Addiction Services (OMHAS) temporarily suspended admissions to the facility based on the concerns which included children regularly leaving the facility without supervision, physically abusive behaviors by staff, and the use of inappropriate and dangerous restraint techniques by staff against children. Last month YIS notified OMHAS that they were surrendering their Class 1 license, effectively ending their youth residential treatment programming by the end of next month.
Bill Seeking to Help Caregivers
Ohio families are struggling with caring for children, adults and elders who need full-time attention. Legislation introduced by U.S. Rep. Mike Carey, R-Ohio 15th Dist., aims to lighten that load. The Credit for Caring Act would offer up to a $5,000 nonrefundable federal tax credit to offset family caregiving-related expenses. For example, those include home care aides, adult day services, home modifications and respite care.
A Wisconsin appeals court ruled Wednesday that disabled people are not allowed to receive absentee ballots by email, overturning a lower court’s ruling less than three weeks before the April 1 election. Disability Rights Wisconsin, the League of Women Voters and four disabled voters brought the lawsuit a year ago. They argued that not having the email absentee voting option violated their right to independence and privacy while voting. The ruling will not be appealed, Disability Rights Wisconsin and the League of Women Voters said in a joint statement. Instead, they will pursue the merits of the case in circuit court.
‘You Are Not Alone:' Milwaukee High Schoolers Give Teens A Platform to Talk Mental Health
To help break the stigma, a Milwaukee-area podcast is giving teens a platform to talk about their mental health journeys. Wish You Knew records every other week at the Friendship Circle of Wisconsin, a nonprofit dedicated to supporting people with disabilities or who struggle with isolation. The podcast is hosted by two high school seniors and is part of the organization’s UMatter programs, which aim to empower teens and adults struggling with their mental health.
Screened Out: The Impact of Digitized Hiring Assessments on Workers with Disabilities
Companies have incorporated hiring technologies, including AI-powered assessments and other automated employment decision systems (AEDSs), into various stages of the hiring process across a wide range of industries. Check out the findings of this report to learn more about these digitized assessments and their impact on people with disabilities.
Aging Behind Bars: A Study on the Rising Rates of Disability Amongst Incarcerated Older Americans
A new study from the Department of Health Policy and Management has found that older adults in prisons reported having a disability at nearly double the rate of non-incarcerated people. The aging prison population stems from a combination of factors, including longer sentences, harsh sentencing laws enacted in the 1970s and 1980s, and lower rates of compassionate release.
A New Framework for Evaluating Disability Representation in Film and Media
The FWD-Doc Framework provides a detailed chIecklist of questions that evaluate disability representation in film and media. For example, were disabled filmmakers or creatives meaningfully involved? Does the film avoid harmful tropes? Check out the evaluation framework for film and media to learn more.
Home Modification Grants and Loans for People with Disabilities
While the ADA does not provide personal benefits or grant funding, these resources are often requested by the disability community for the purpose of independent living. Check out this helpful resource from Nerdwallet that shares information on federal, state and local home modification grants and loans as well as information for nonprofits about finance options.
Answer: Outside of planned alterations or additions, Title III of the ADA also requires public accommodations like businesses, non-profits and other private entities to remove structural barriers in existing buildings when it is “readily achievable.” This means that the changes are easily accomplishable without much difficulty or expense. What is considered “reasonable” can depend on factors such as the type of barrier removal needed, whether it is technically feasible, the overall financial resources of the site or any parent corporation as well as any tax credits or other assistance that is available to the entity.
The ADA contains a priority list for removing barriers. In general, entities should look at removing barriers in the following order:
For permanent facilities, accessibility updates are generally required to be permanent. For example, an entity should not be using a portable ramp when installing a permanent ramp is readily achievable. Alternatives to physical barrier removal can only be considered if the entity can demonstrate that the barrier removal is not “readily achievable.” Some examples of alternatives might include providing online or curbside service, relocating goods or services to accessible locations, assisting customers with retrieving items from shelves, etc.
Physical barrier removal updates must comply with the 2010 ADA Standards, at minimum. However, there may be additional requirements under state or local building codes. In cases where requirements overlap, the entity must comply with the stricter standard. For example, some states may require all accessible parking spaces to meet the dimensions for van accessible spaces. This is a stricter standard than what the ADA requires.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
U.S. Supreme Court Reviews Stanley v. City of Sandford
The U.S. Supreme Court recently heard oral arguments on the case Stanley v. City of Sanford which seeks to address whether former employees have the right to sue their former employer under the Americans with Disabilities Act (ADA) for discrimination relating to post-employment fringe benefits.
Sutherland v. Peterson's Oil Services, Inc.
Sutherland was employed as an oil service technician at Peterson's. Two months into his job, he injured his right knee, leading to a torn meniscus and damaged patella. Sutherland requested reduced work hours due to his injury and eventually took a 12-week leave for knee surgery. Upon attempting to return to work, he was informed of his termination. The appellate court concluded that Sutherland provided sufficient evidence to show that his knee injury was a disability under the ADA, as it substantially limited his major life activities. The court also found that Sutherland's requests for reduced work hours were reasonable and that his employer failed to engage in the interactive process.
Check out William Goren’s Blog Post, A Temporary Disability Can be a Protected ADA Disability and Other Stuff to learn more.
In the case of Goldup v. Casino, the court resoundingly endorsed a person with a disability’s right to receive reasonable accommodations from the court. The second aspect of the case involves whether there are any limits on the sovereign immunity of Native American tribes.
Taylor v. KNB’s Inflatables Please, LLC
This case involved a person with a service animal who was kicked out of a business. When the police became involved, they did not know the law, and the individual wound up suing both the police and the business for ADA violations.
Leah Walker, a visually impaired resident of Illinois, has filed a class action lawsuit against Robert Graham Retail, LLC, accusing the company of violating the ADA by failing to make its website accessible to blind and low vision users. According to Walker, this lack of accessibility denies her equal access to the goods and services offered by Robert Graham Retail online.
Bank Sued Over Alleged ADA Violations at Puerto Rico Branches
Banco Popular de Puerto Rico is facing a federal lawsuit alleging that while their branches in Florida comply with ADA requirements, its locations in Puerto Rico have transaction counters as high as 49 inches, far above the maximum 36-inch height limit established by federal law. This creates barriers for people who use wheelchairs or who have mobility impairments.
