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Our brief update on some things we''re working on and what''s coming up this month.

The Monthly Briefing

September 2020

In September, we celebrated a win for children with disabilities in Oregon and settled a longstanding lawsuit to provide foster youth with vital mental health services in Los Angeles County. We applauded the U.S. Commission on Civil Rights report recommending a phaseout of subminimum wages for people with disabilities, and contributed to “Plan Your Vote 2020” resources. We mourned the loss of Justice Ruth Bader Ginsburg. We’re presenting at three webinars in October, and had press mentions in City and State New York magazine, in the Washington Post, and in Teen Vogue. We''re also looking forward to our 2020 Virtual Awards Reception celebrating the 30th Anniversary of the Americans with Disabilities Act (ADA) on Tuesday, November 17 at 7 PM - more details to come! Thank you for your ongoing support, especially right now.

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Win for Children with Disabilities: Judge Rules Oregon Systemic Federal Lawsuit Can Move Forward

On September 2, 2020, a federal judge denied a motion by the State of Oregon to dismiss a federal lawsuit brought on behalf of a class of children throughout the state by the Council of Parent Attorneys and Advocates (COPAA), and by parents of children who have been deprived of the opportunity to attend a full day of school because of their disabilities. In the lawsuit, J.N. v. Oregon Department of Education, the plaintiffs allege that public schools throughout Oregon systematically and unnecessarily shorten the school day of children whose disabilities lead to challenging classroom behaviors, and that the state violates federal law by failing to take the steps necessary to ensure that these students receive the education to which they are entitled. The suit was filed in the U.S. District Court for the District of Oregon on January 22, 2019.

The suit was filed by the Bazelon Center for Mental Health Law, National Center for Youth Law (NCYL), Council of Parent Attorneys and Advocates (COPAA), Disability Rights Oregon (DRO), and pro bono attorneys. In response to the judge’s ruling, Bazelon, DRO, NCYL, and COPAA released the following statement:

“We are heartened that the court’s ruling will bring us a step closer toward achieving a measure of equality for those Oregon students with disabilities who are consistently denied the opportunity to attend a full day of school. Every child deserves the chance to learn and reach their full potential. Being needlessly separated from other students and excluded from school while their classmates are learning sends an unmistakable message to children that they do not belong. This is no small thing in the life of a child.

With the right supports for teachers and students, virtually all children can learn in school alongside their classmates. Students whose disabilities impact their behaviors are no exception. Ensuring that students with disabilities are included in school will give them the foundation that they need to thrive in their classrooms and communities for years to come.

The judge’s decision means that these students—and the hundreds more that they represent—will have their day in court. We’re confident that we’ll prove that the State must do more to assure that all children with disabilities are provided access to the same education that is provided to their peers.”

Read the press release here (PDF).

Read the Opinion and Order: Denial of Defendants’ Motion to Dismiss - JN v OR Dept of Education here (PDF).

Read about J.N. v. Oregon Department of Education here.

Bazelon Center and Partners Reach Settlement with Los Angeles County to Provide Foster Youth with Vital Mental Health Services

On September 23, 2020, the County of Los Angeles entered into a new settlement of a longstanding lawsuit, Katie A v. Bontá, where it has made a number of commitments to significantly increase intensive home and community based mental health services for thousands of children and youth involved with the County''s foster care system.

The lawsuit, originally filed in 2002, is a federal class action lawsuit against Los Angeles County and its Department of Children and Family Services, as well as California''s Department of Social Services and Department of Health Care Services. The suit challenged the County and state agencies for failing to provide necessary and legally mandated health care services to treat the mental health conditions of children. Separate settlement agreements were reached with both the state and LA County in the case.

Because of the lawsuit, the County has implemented a number of reforms since 2003 in the delivery of child welfare and mental health services. This week''s settlement focuses on foster youth who have more intensive but unmet mental health needs, such as those who have experienced placement disruptions, psychiatric hospitalizations, or have been placed in group homes, such as Short Term Residential Treatment Programs.

The County has agreed to implement new measures to provide intensive mental health services, including Intensive Care Coordination and Intensive Home Based Services, over the next nine months. As this is a class action lawsuit, the settlement will require court approval.

“The Katie A. case has led to tremendous reforms,” said Ira Burnim, Legal Director at Bazelon Center for Mental Health Law. “We are pleased that additional progress will be made before the case ends.”

Read about case, Katie A v. Bontá, here.

Read the full press release online (PDF).

Read the settlement agreement (PDF).

Bazelon Center Applauds U.S. Civil Rights Commission for Recommending Phaseout of Subminimum Wage Employment for People with Disabilities

On September 17, the Bazelon Center for Mental Health Law hailed the U.S. Commission on Civil Rights report issued today that recommends the phaseout of the Fair Labor Standards Act''s subminimum wage program for people with disabilities and expansion of the services needed to ensure that people currently receiving subminimum wages are supported to work in real jobs paying real wages.

"The subminimum wage program is based on antiquated assumptions about people with disabilities and it is past time to phase it out," said Jennifer Mathis, Director of Policy and Legal Advocacy at the Bazelon Center. "People with disabilities can and want to work, and we should support them in that endeavor rather than perpetuating a program that exploits their labor for pennies per hour. We hope that Congress will act on the Commission''s recommendations and end this outdated program." Mathis testified at the Commission''s hearing on November 15, 2019 that led to this report.

The program, developed in 1938, reflects a time when society had very different expectations for people with disabilities and opportunities for them to work were few and far between. For several decades now, supported employment services have proven highly successful in helping people with the most significant disabilities secure and maintain competitive, integrated employment. The subminimum wage program no longer makes sense in 2020, and instead serves as a dead-end for people with disabilities. The assumptions behind the subminimum wage program have been repeatedly proven false as hundreds of people with disabilities served by these programs succeeded in securing competitive integrated employment when given an opportunity to do so.

Download the report here.

Bazelon Center Statement on the Passing of Justice Ruth Bader Ginsburg

We mourn the loss of Justice Ruth Bader Ginsburg, a pioneer for justice and a giant in the law. Justice Ginsburg changed the lives of American women and all Americans, particularly those without power. Most notably for people with disabilities, she authored the Supreme Court''s 1999 opinion in Olmstead v. L.C., concluding that needless institutionalization is a form of discrimination prohibited by the Americans with Disabilities Act. We honor the tremendous legacy left by Justice Ginsburg and will continue to use the law to fight for justice.

Bazelon Center Contributes Voting Rights Guide to "Plan Your Vote 2020" Resources

The National Coalition for Accessible Voting (NCAV), comprised of the nation’s leading disability, veterans, and civil rights organizations, advocates for accessible, remote voting for all citizens and to preserve and expand the options granted under law for accessible, in-person voting. The Bazelon Center contributed to the drafting of NCAV''s "Plan Your Vote 2020" guide, a plain language guide for people with all types of disabilities. Our voting rights resources voting rights resources are also referenced in the guide. Plan Your Vote 2020 will help readers:

Register to vote or check their registration
Decide how they will vote
Cast their vote by mail, early voting, or on Election Day
Find help if they have a problem casting their ballot
Answer questions about voting

Download “Plan Your Vote” here.

Access the Bazelon Center’s Voting Rights Guide and other resources directly here.

Bazelon Staff in the Virtual Field

On Thursday, September 17, Jennifer Mathis, the Bazelon Center''s Director of Policy and Legal Advocacy and Deputy Legal Director, co-presented a workshop, "The Importance of Olmstead for Effective Mental Health Systems," with Kathy Flaherty, Executive Director of the Connecticut Legal Rights Project. This presentation was part of Disability Rights Montana''s Virtual Conference, "Shifting the Narrative: An Intersectional Approach to Mental Health," held September 14 -18, 2020.

On Monday, September 21, Jennifer Mathis presented an in-service training to advocates across the county for the Young Center for Immigrant Children''s Rights. Her presentation was on federal disability rights laws, their integration mandate, and home and community-based services for children with mental health disabilities.

On Tuesday, September 22, Jennifer Mathis co-presented a "Federal Policy and National Advocacy Update," with Chuck Ingoglia of National Council for Behavioral Health and Ron Manderscheid of National Association of County Behavioral Health & Developmental Disability Directors, with Harvey Rosenthal of NYAPRS moderating. This presentation was part of NYAPRS Virtual 2020 Annual Conference, "Rise Up! Community, Connection, Culture," held during the days of September 22 and October 1, and the days and evenings of September 24 and September 29, 2020.

On Thursday, October 1, 2020 at 1:30 PM ET, the Bazelon Center Director of Policy and Legal Advocacy Jennifer Mathis will join the Connecticut Legal Rights Project Executive Director Kathy Flaherty in presenting the webinar, “Olmsted in the Age of COVID.” The webinar, as part of a National Association for Rights Protection and Advocacy (NARPA) webinar series, is free. Read the full webinar description and register here.

On Friday October 2, 2020, 8:30 AM - 3:30 PM ET, Bazelon Center Senior Staff Attorney Lewis Bossing will be a presenter at the Drexel Law Review Symposium, ”Impactful Interactions: Autism Spectrum Disorder and the Legal System.” Lewis will present during the 11:15 AM - 12:30 PM panel, “Unequal Equality: How our Education System is Failing Americans with ASD.” The panel moderator will be Daniel M. Filler, Dean, Drexel University’s Kline School of Law, and his co-panelists will be Darlene Hemerka, Staff Attorney, The Public Interest Law Center; Terry Jean Seligmann, JD, Emerita Professor of Law, Drexel University’s Kline School of Law; and Jasmine E. Harris, Professor of Law, University of California – Davis, School of Law. Get full symposium details and register here.

On October 21, 2020, 11 AM – 2 PM ET, Jennifer Mathis will present at the National Business & Disability Council (NBDC) at The Viscardi Center’s “Virtual Disability Inclusion Summit: Moving from Awareness to Action in Celebration of National Disability Employment Awareness Month (NDEAM).” Get details about the schedule as it develops and register here. Note: CART services will be provided.

Bazelon in the Media

Bazelon Center’s Legal Director Ira Burnim is quoted in this September 10, 2020 City & State New York magazine article, “Should police respond to mental health calls? The death of Daniel Prude in Rochester has prompted calls to reimagine mental health crisis response.”

Lewis Bossing, Bazelon Center Senior Staff Attorney, is quoted in the September 15, 2020 Washington Post article, “St. Elizabeth''s has increased usage of restraints on patients, report says.”

The Founder and Director of the Disability Visibility Project® (DVP) Alice Wong mentions the Bazelon Center’s disability voting rights resources in the September 16, 2020 Teen Vogue article, “Voters With Disabilities Face Barriers in 2020 From COVID-19.”

REMINDER: Save the Date for Bazelon Center 2020 Virtual Awards Reception: Tuesday, November 17

We have rescheduled our event celebrating the 30th Anniversary of the Americans with Disabilities Act (ADA) to Tuesday, November 17, 2020 at 7 PM EST. The Honorable Tony Coelho will receive our Lifetime Achievement Award. Tickets will be FREE. We are grateful to our current sponsors for their flexibility and support:

Akin Gump, Anthem, AudioEye, Bank of America, Bender Consulting Group, Esquire Bank, Fox Kiser, Goldin Group, Microsoft,

PNC, Prudential and SCI.

Watch this space for details! Get information about sponsorship opportunities here.

Your Support Is Needed

The Bazelon Center relies on contributions from our allies to ensure that our staff can fight for protections and services for people with mental disabilities. Please consider making a gift today.

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Our brief update on some things we''re working on and what''s coming up this month.

The Monthly Briefing

October 2020

In October, we updated our voting rights guides and encouraged the disability community to vote on November 3. We urged the Conference of Chief Justices to endorse bar applicants’ diploma privilege during the pandemic, and we released principles for protecting student data privacy and equity. We led disability organizations in opposing the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. We presented at four webinars in October, and had press mentions in Mental Health Weekly, in Mad in America, and in Psychology Today. We also provided background info for a 60 Minutes “60 in 6” video on voting and guardianship. We''re also looking forward to our 2020 Virtual Awards Reception celebrating the 30th Anniversary of the Americans with Disabilities Act (ADA) on Tuesday, November 17 at 7 PM ET - our event is free and registration link to come! Thank you for your ongoing support, especially right now.

Visit Our Website

Bazelon Center Updates Voting Rights Guides, Highlighting Voter Rights for People with Disabilities

In time for this critical election, the Bazelon Center issued a revised edition of its guide to the voting rights of people with mental disabilities, “VOTE. It''s Your Right. Guide to the Voting Rights of People with Mental Disabilities.” The guide, compiled jointly with the National Disability Rights Network, the Autistic Self Advocacy Network, and the law firms of Schulte, Roth & Zabel LLP and Akin Gump Strauss Hauer & Feld LLP, lists key legal principles and focuses on four areas of concern:

1. voter-competence requirements;

2. state photo-ID laws;

3. voter challenges; and

4. providing help to voters with disabilities.

“VOTE. It''s Your Right.” is available as a free PDF to download from the Bazelon Center''s website here.

The plain language version of the guide is available here.

Our updated charts showing voter competence laws, absentee ballot laws and voter challenge laws in each state can be found at http://www.bazelon.org/our-work/voting/.

All of the Bazelon Center''s voting rights resources can be found HERE.

Bazelon Center and 13 Prominent National Disability Organizations Join Together to Encourage Disability Community to Vote on November 3rd

On October 26, the Bazelon Center for Mental Health Law, together with thirteen prominent national disability organizations joined together to urge all Americans who care about issues related to disability to vote on November 3rd. We released the following collective statement:

“COVID-19 is a unique burden for people with disabilities. Lives have been lost. Isolation exacerbated. Unemployment skyrocketing. The policy issues on the ballot this November impacts every aspect of life for the disability community. We must vote in record numbers to have our voices heard and needs met in the ongoing public health emergency.

“People with disabilities form an increasingly large, powerful, and potentially decisive percentage of the electorate in key battleground states and across the country. A projected 38 million eligible voters have a disability and millions more live with someone who has a disability. Taken together, more than 25% of the American electorate may be motivated by issues affecting the disability community.

“These issues include funding for Home and Community Based Services (HCBS) to support health care needs during the COVID-19 pandemic. HCBS helps individuals with disabilities receive services at home as appropriate. HCBS is also important to help individuals with disabilities work, by hiring direct support staff, including job coaches, so that those who can work at this time have the supports they need to do so safely and effectively. And when individuals with disabilities work, we hope to see that they are paid fair wages with a phasing-out of section 14(c) of the Fair Labor Standards Act, which allows individuals with disabilities to be paid subminimum wages. These, among other issues, are essential to the future success of individuals with disabilities.

“Fourteen of the nation’s largest disability organizations are unified in message and purpose. We encourage all of our members to vote!”

Bazelon Center, Other Disability Rights Organizations, and Lawyers'' Committee for Civil rights Under Law Urge Chief Justices to Endorse Bar Applicants'' Diploma Privilege During Pandemic

On October 6, the Bazelon Center for Mental Health Law, together with thirteen other disability rights groups and the Lawyers’ Committee for Civil Rights Under Law, sent a letter to the Conference of Chief Justices urging the conference to endorse the widespread adoption of temporary diploma privilege, for individuals applying for admission to the bar during the ongoing pandemic. In-person bar examinations during the COVID-19 pandemic pose a significant danger for communities of color and people with disabilities because of the disproportionate infection and death rates in those communities. This policy would allow qualified law school graduates to practice law without sitting for the bar exam during the pandemic. The Bazelon Center and the Lawyers’ Committee for Civil Rights Under Law were primary drafters of the letter.

Read the press release (PDF) here. Read the letter (PDF) here.

Bazelon Center and Partner Organizations Release Principles for Protecting Student Data Privacy and Equity in the Pandemic

On October 27, the Bazelon Center for Mental Health Law and 23 other education, healthcare, disability rights, data protection, and civil liberties organizations today released Education During a Pandemic: Principles for Student Data Privacy and Equity. The Principles offer 10 guiding recommendations for schools as they rely on new technologies and data to facilitate remote, in-person, or hybrid learning models during the COVID-19 pandemic.

As the pandemic worsens and schools continue to shift between remote learning, in-person learning, and hybrid approaches, it has become clear that there is a need for a set of guiding principles to serve all schools. The group of stakeholders developed its 10 recommendations to help guide schools as they navigate an unprecedented and evolving situation in the 2020-2021 school year. The Future of Privacy Forum and the Bazelon Centers were primary drafters of the principles.

Read the press release (PDF) here. Read the Principles here.

Bazelon Center Opposed Nomination of Amy Coney Barrett to the Supreme Court

On September 30, the Bazelon Center released a report reviewing the U.S. Supreme Court nominee Amy Coney Barrett’s record on issues affecting people with disabilities. The review outlines her judicial decisions and other writings on healthcare/the Affordable Care Act, the “public charge” rule, and other disability rights issues. Read the full report (PDF) here.

The Bazelon Center convened a wide array of disability groups to strategize concerning the nomination of Amy Coney Barrett. We led a letter joined by more than 50 disability organizations to the Senate Judiciary Committee and a subsequent letter to the full Senate urging them to reject the nomination of Judge Barrett to replace Justice Ruth Bader Ginsburg.

We sent out alerts throughout the confirmation process asking people to call their Senators to urge that the nomination not proceed under after a COVID-19 relief package had been passed and signed into law and that they ultimately vote no on the nominee in light of her gravely concerning record on health care and disability rights issues.

Favorable Decision in Education Case in Which Bazelon Center Filed Amicus Brief Supporting Maine’s Scheme to Ensure Non-Discrimination in Public Tuition Assistance

The Bazelon Center, along with the National Education Association, the National Women’s Law Center, Lambda Legal Defense and Education Fund, and other civil rights and education groups, filed an amicus brief last year in a case involving a challenge to Maine’s scheme limiting public tuition assistance to non-sectarian private schools in order to ensure that public dollars support education in schools that must comply with non-discrimination requirements. The brief highlighted the importance of protecting students with disabilities and LGBT students against discrimination. The First Circuit issued a decision upholding Maine’s scheme.

Bazelon Staff in the Virtual Field

On Thursday, October 1, 2020, the Bazelon Center Director of Policy and Legal Advocacy Jennifer Mathis joined the Connecticut Legal Rights Project Executive Director Kathy Flaherty in presenting the webinar, “Olmstead in the Age of COVID.” The webinar, was part of a National Association for Rights Protection and Advocacy (NARPA) webinar series. Watch the webinar recording here.

On Friday October 2, 2020, Bazelon Center Senior Staff Attorney Lewis Bossing presented on a panel at a Drexel Law Review Symposium on Autism Spectrum Disorder: “Impactful Interactions: Autism Spectrum Disorder and the Legal System.” The panel moderator was Daniel M. Filler, Dean, Drexel University’s Kline School of Law, and co-panelists were Darlene Hemerka, Staff Attorney, The Public Interest Law Center; Terry Jean Seligmann, JD, Emerita Professor of Law, Drexel University’s Kline School of Law; and Jasmine E. Harris, Professor of Law, University of California – Davis, School of Law. Full symposium details here.

On Wednesday, October 21, 2020, Jennifer Mathis presented at the National Business & Disability Council (NBDC) at The Viscardi Center’s “Virtual Disability Inclusion Summit: Moving from Awareness to Action in Celebration of National Disability Employment Awareness Month (NDEAM).” The webinar had nearly 1000 participants. Learn more about the NBDC here.

On Wednesday October 21, 2020, Jennifer Mathis presented as part of It’s Our Story’s Tribute to the Notorious RBG.” She was joined for her panel on “Victories, Losses, and Lessons Learned” by James Tucker, Director of the Alabama Disabilities Advocacy Program, and Thomas Earle, CEO of Liberty Resources, Inc.

On Thursday, October 22, 2020, the Bazelon Center''s Jennifer Mathis was part of an expert panel discussion about the past, present and future of the Americans with Disabilities Act, which is celebrating its 30^th anniversary this year. Co-sponsored by the Wilson Center for Science and Justice, Duke Criminal Law Society and Duke Health Law Society, other speakers were John Petrila from the Meadows Mental Health Policy Institute and Holly Stiles from Disability Rights NC. Dr. Marvin Swartz from Duke University School of Medicine was the moderator.

Bazelon in the Media

Bazelon Center’s Legal Director Ira Burnim is quoted throughout the Volume 30 Number 38, October 5, 2020, Mental Health Weekly article on the recent Katie A. v. Bonta settlement, “Long-standing lawsuit settlement marks continued reform of LA County MH system." (Subscription only)

Jennifer Mathis, Director of Policy and Legal Advocacy and Deputy Legal Director, provided background information for this October 21, 2020, 60 Minutes "60 in 6" video on voting and guardianship.

Bazelon Center''s Jennifer Mathis is quoted throughout and the 2020 Voter Guide is featured in the October 25, 2020, Mad in America article, "Voting While “Mentally Ill”: A Legacy of Discrimination."

Jennifer Mathis, Bazelon Center Director of Policy and Legal Advocacy is quoted extensively, and the 2020 Voter Guide mentioned, in the October 26, 2020, Psychology Today article, "People with Dementia Have the Right to Vote: A new guide reveals the do''s and don''ts of helping people with dementia vote." Jennifer is also interviewed about dementia and voting in the "Psychology of Aging with Dr. Regina Koepp" podcast. Link to the podcast is at the end of the article.

REMINDER: Save the Date for Bazelon Center 2020 Virtual Awards: Tuesday, November 17

Our event celebrating the 30th Anniversary of the Americans with Disabilities Act (ADA) to Tuesday, November 17, 2020 at 7 PM EST. The Honorable Tony Coelho will receive our Lifetime Achievement Award. Please see our incredible line up of awardees and special guests HERE. Tickets will be FREE. We are grateful to our current sponsors for their support:

Akin Gump Strauss Hauer & Feld LLP, Anthem, Arnold & Porter, AudioEye, Baker Hostetler, Bank of America, Bender Consulting Services, Inc., Brown Goldstein & Levy, Esquire Bank, eSSENTIAL Accessibility, Fox Kiser, Goldin Group, Goodwin, Highmark, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Microsoft, NCQA, PNC, Prudential, Rosen Bien Galvan & Grunfeld, and SCI.

Watch this space for details! Get information about sponsorship opportunities here.

Your Support Is Needed

The Bazelon Center relies on contributions from our allies to ensure that our staff can fight for protections and services for people with mental disabilities. Please consider making a gift today.

Donate Now

Unsubscribe end26386@

Update Profile |

Sent by communications@bazelon.org

Try email marketing for free today!

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Our brief update on some things we''re working on and what''s coming up this month.

The Monthly Briefing

October 2020

In October, we updated our voting rights guides and encouraged the disability community to vote on November 3. We urged the Conference of Chief Justices to endorse bar applicants’ diploma privilege during the pandemic, and we released principles for protecting student data privacy and equity. We led disability organizations in opposing the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. We presented at four webinars in October, and had press mentions in Mental Health Weekly, in Mad in America, and in Psychology Today. We also provided background info for a 60 Minutes “60 in 6” video on voting and guardianship. We''re also looking forward to our 2020 Virtual Awards Reception celebrating the 30th Anniversary of the Americans with Disabilities Act (ADA) on Tuesday, November 17 at 7 PM ET - our event is free and registration link to come! Thank you for your ongoing support, especially right now.

Visit Our Website