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I think it odd that I am actually seriously celebrating and thinking about the 20th anniversary of the Americans With Disabilities act. As a man who has spent well over half of his life in a wheelchair with a permanent spinal cord injury I can say that my feelings about this landmark law have generally been negative. For instance, the law famously began as a civil rights act enforced by alleged victims filing lawsuits to force compliance in individual cases. I wonder if racial desegregation in education would have happened at all if Governor George Wallace had confronted a civil complaint instead of the National Guard on the steps of the University of Alabama back in 1963. The ADA was sadly bereft of enforcement teeth when it was passed 20 years ago. There have been phased upgrades that have produced some improvements in certain kinds of workplace accommodations and in particular, the IDEA law has bolstered equality for disabled students since its passage in 2004. In general, though, the ADA’s quiet, seemingly ad hoc effort to achieve a justice and equality that I found absolutely clear and imperative in my life has been frustrating. 

In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.

Last week, 35 law enforcement officials from around the Gallatin County took a day to talk to patients with schizophrenia, manic-depressive disorder, personality disorders, bipolar disorder and more at the Montana State Hospital in Warm Springs. Patients told officers about hearing voices, not being able to discern between mortals and immortals and other terrifying realities they face on a daily basis.

Click here to register for this webinar What: This presentation examines how students who are at greater risk for suspension, expulsion and referral to the juvenile justice system because of behaviors associated with their disabilities, are targeted by school push-out policies and practices that systemically exclude these most vulnerable students from school and deny them their education. Our presenters will describe the array of such policies and practices - retention, academic sanctions, ineffective interventions, including those used for bullying and harassment, abusive use of zero tolerance, criminalization of disability related behavior and referral to law enforcement. Presenters will also identify and discuss concrete strategies for parents and advocates to use to help students protect their rights to remain in school and receive a high quality education. Time is provided for questions from participants. When: 12:00 pm - 1:30 pm MT

What: This presentation examines how students who are at greater risk for suspension, expulsion and referral to the juvenile justice system because of behaviors associated with their disabilities, are targeted by school push-out policies and practices that systemically exclude these most vulnerable students from school and deny them their education. Our presenters will describe the array of such policies and practices - retention, academic sanctions, ineffective interventions, including those used for bullying and harassment, abusive use of zero tolerance, criminalization of disability related behavior and referral to law enforcement. Presenters will also identify and discuss concrete strategies for parents and advocates to use to help students protect their rights to remain in school and receive a high quality education. Time is provided for questions from participants. When: 12:00 pm - 1:30 pm MT

Education Secretary Arne Duncan plans to announce Monday that his agency is ramping up enforcement of civil rights laws in schools and colleges, a move that seeks to draw a contrast with the policies of his Republican predecessors.

"Ten Employment Myths" Many employers misunderstand the Americans with Disabilities Act and are reluctant to hire people with disabilities because of unfounded myths. This seventeen-minute video responds to concerns expressed by employers, explaining the ADA in common sense terms and dispelling myths about this often overlooked pool of well-qualified employees.

"My Country" In this one-hour documentary, symphony conductor James DePreist, who contracted polio as a young man, profiles three people with disabilities whose lives have been shaped by the struggle for equal rights. Mr. DePreist is the nephew of African American contralto Marian Anderson, who in 1939 was prevented from singing at Constitution Hall. He draws parallels between racial barriers and the barriers faced by people with disabilities.

Ten Small Business Mistakes This thirteen-minute video identifies common mistakes that small businesses make when trying to comply with the ADA and addresses the importance and value of doing business with 50 million people with disabilities. The video features statements by store owners expressing their doubts or misunderstandings about the ADA followed by responses from the Assistant Attorney for Civil Rights and other Department of Justice employees explaining the law in common sense terms.

Making online programming accessible to people with disabilities

The new Twenty-first Century Communications and Video Accessibility Act will make it easier for people with disabilities to access TV programs over the Internet. While the law is a tremendous step in the right direction, a surge in new types of online programming, such as Webisodes and streaming movies, are still not captioned for the deaf and hard of hearing. This issue has drawn the attention of federal law enforcers, including the Department of Justice, which is considering the possibility of revising the Americans with Disabilities Act to address accessible web information and services, movie captioning and video descriptions.

In the report from the public interest law center Texas Appleseed, data from 26 Texas school districts shows that educators are relying more and more on law enforcement to address school discipline issues. Notably, the report indicates that police regularly issue misdemeanor tickets to students as young as 6 for everything from using profanity to fighting.

Access to a high-quality education is critical for empowering all Americans to lead rich and productive lives.  Every day, the U.S. Department of Education and my office, the Office for Civil Rights (OCR), work to ensure that all students, including those with disabilities, have equal access to that important benefit.  OCR does this by enforcing federal nondiscrimination laws, including two that specifically protect individuals from discrimination on the basis of disability: the Americans with Disabilities Act (the ADA) and Section 504 of the Rehabilitation Act (Section 504).

Click here to registerWhat:Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Students eligible for special education services under the IDEA are typically also eligible for services under Section 504; additionally, students not eligible under IDEA may be covered by Section 504. Therefore, it is critical that advocates for students with disabilities understand protections under Section 504 as well as ways to deal with suspected violations.    This webinar will provide an overview of the structure of the Office for Civil Rights (OCR) at the U.S. Department of Education, which enforces Section 504 with respect to entities that receive federal financial assistance from the Department. The Section 504 complaint process will be examined in depth, including who may file a complaint, when a complaint may be filed, how to file a complaint, what type of information is necessary to file a complaint and how to effectively present that information. Additional ways to address suspected violations will also be explained as well as strategies to effectively navigate procedural safeguards provided by the law. The webinar will also provide an overview of how the Americans with Disabilities Act Amendments Act applies to Section 504. Time will be provided for questions for participants. When: Wednesday, December 7, 2011  12:00 to 1:30 PM MT Cost: $50.00

Watch our Video workshops that offer tips, strategies and information about best practices in bullying prevention. These videos outline ways in which educators and administrators, health and safety professionals, mental health professionals, law enforcement and justice officials and those who work with youth organizations can implement new, or improve existing, prevention programs in their communities.

Parents of a child with learning disabilities can sue a school district for ignoring the problems and failing to arrange tutoring or other educational help, a federal appeals court ruled Monday.

The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco in a case from Compton (Los Angeles County) is one of the first in the nation on a parent's ability to enforce a federal law that requires schools to identify all children with disabilities and provide them with an appropriate education.

Yellowstone County voters will find many candidates for office on the June 8 primary election ballots, but only one ballot issue: a proposed 3.2 mill countywide levy to help sustain mental-health services. The three county commissioners, Bill Kennedy, John Ostlund and Jim Reno were unanimous in their decision to put the question to voters. The commissioners are asking voters to consider funding a portion of some local crisis mental-health services that help local law enforcement agencies do their job of protecting public safety.

Click here to register for this event What: According to the Centers for Disease Control and Prevention (CDC), almost 60 percent of American adults say they endured abuse and other difficult family situations as children, otherwise known as adverse childhood experiences. Those experiences can have long-term health consequences. The annual financial burden to society of childhood abuse and trauma is $103 billion, according to a 2007 Federal Economic Impact Study. The costs include annual direct costs such as hospitalization, mental health care, child welfare service, and law enforcement, as well as indirect costs such as special education, juvenile delinquency, mental health and health care, adult criminal justice system, and lost productivity. The SAMHSA 10x10 Wellness Campaign invites you to a free training teleconference titled, “The Impact of Trauma on Wellness: Implications for Comprehensive Systems Change.” This teleconference will educate diverse stakeholders about comprehensive systems change, including preventing harm and inadvertent retraumatization and ensuring that services and supports are welcoming, engaging, and culturally attuned. The goal is to help facilitate the healing process among people who have experienced trauma so that they can become fully engaged in their communities. When: Wednesday, March 30, 2011 1:00 - 2:30p.m. Mountain Presenters: Cathy Cave, Senior Program Associate, Advocates for Human Potential Roger Fallot, Ph.D., Director of Research and Evaluation, Community Connections Ann Jennings, Ph. D., Founder and Executive Director, The Anna Institute

What: Today, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance through Dear Colleague Letters to elementary and secondary schools and institutions of higher education along with a Frequently Asked Questions document on the legal obligation to provide students with disabilities an equal opportunity to enjoy the benefits of technology. This guidance is a critical step in the Department’s ongoing efforts to ensure that students with disabilities receive equal access to the educational benefits and services provided by their schools, colleges and universities. All students, including those with disabilities, must have the tools needed to obtain a world-class education that prepares them for success in college and careers. Today’s guidance provides information to schools about their responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The guidance supplements a June 2010 letter issued jointly by OCR and the Civil Rights Division of the U.S. Department of Justice. The June letter explains that technological devices must be accessible to students with disabilities, including students who are blind or have low vision, unless the benefits of the technology are provided equally through other means. Today’s guidance highlights what educational institutions need to know and take into consideration in order to ensure that students with disabilities enjoy equal access when information and resources are provided through technology. “Technology can be a critical investment in enhancing educational opportunities for all students,” said Russlynn Ali, assistant secretary for civil rights. “The Department is firmly committed to ensuring that schools provide students with disabilities equal access to the benefits of technological advances.” Today’s guidance is part of a larger effort by the Department and Obama administration to better serve the needs of people with disabilities. Last month, U.S. Secretary of Education Arne Duncan joined Kareem Dale, associate director for the White House Office of Public Engagement and special assistant to the President for disability policy, for a conference call with stakeholders to talk about some of the Department’s efforts. During the call, Duncan discussed the Department’s commitment to maintaining accountability in No Child Left Behind for all subgroups, including students with disabilities, and highlighted the Department’s proposal to increase funding for students with disabilities in the fiscal year 2012 budget. Ali will also join Dale for a stakeholder conference call where she will discuss today’s guidance and address the Department’s work to ensure that all schools are fulfilling their responsibilities under the federal disability laws that OCR enforces.