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20 Years in Self Advocacy Disability Civil Rights Movement

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Title: 20 Years in Self Advocacy Disability Civil Rights Movement


1
20 Years in Self Advocacy Disability Civil
Rights Movement
20th Anniversary Americans with Disabilities Act
  • Presented By
  • Maryland Disabilities Forum

2
Self-Advocacy as a Civil Rights Movement
  • The self-advocacy movement is modeled after civil
    rights movements of the 1950s and 1960s.
  • The emphasis on normalization and
    deinstitutionalization in the 1970s and the
    self-help movements of the 1980s spurred the
    emergence of the self-advocacy movement for
    adults with disabilities in the United States.
    (Wehmeyer, Agran, Hughes, 1998)

3
1990
  • ADAPT
  • American Disabled for Attendant Programs Today
  • ADAPT organizes a support demonstration Wheels
    of Justice in Washington, D.C. for the passage
    of the Americans with Disabilities Act.
  • Demonstrators occupy the Capital Rotunda and many
    protesters are arrested.

4
ADAPT for ADA
In a rally in Washington, D.C., before the
passage of the ADA, demonstrators extend the
frame of civil rights by incorporating slogans
from the civil rights movement.
5
ADAPT for ADA
ADAPT Demonstrators gather in the Capital Rotunda
to support the passage of the Americans with
Disabilities Act.
6
Accessibility Demonstrations
Demonstrators for access to public transportation
and buildings.
7
Inaccessibility Continues
8
Moves Toward Accessibility
  • Secretary of Transportation, Sam Skinner, finally
    issued regulations mandating lifts on buses.
  • These regulations implemented a law passed in
    1970 (The Urban Mass Transit Act) which required
    lifts on new buses.
  • The transit industry had successfully blocked
    implementation of this part of the law for twenty
    years.

9
July 26,1990
President George Bush signing the Americans with
Disabilities Act
10
1990
  • Americans with Disabilities Act (ADA) becomes
    federal law. Extends protection of the 1973
    Rehabilitation Act to private sector. Requires
    access and prohibits discrimination in public
    accommodations, state and local government, and
    employment. Requires reasonable accommodation,
    access to transportation and telecommunications.
    The ADA is specific where 1973 act was vague.
  • IDEAIndividuals with Disabilities Education Act.
  • Education for All Handicapped Children Act is
    reauthorized with amendments.
  • A growing emphasis on the deinstitutionalization
    of state-supported institutions for people who
    are intellectually disabled or mentally ill opens
    opportunities to live and work in the community.

11
1991Changing Public Perception
  • Jerrys Orphans
  • Jerrys Orphans, a group that protests against
    the Jerry Lewis Muscular Dystrophy Association
    Telethon, holds its first annual protest.
  • The group is made up of former Jerrys Kids and
    is critical of the event because of
    its focus on the pity approach to
    fundraising.

12
Changing Public Perception
Evan J. Kemp, Chairman of the EEOC (1990-93) and
an individual with a disability, in addition to
many others, believed the telethon encouraged
society to see people with disabilities as
childlike, helpless, hopeless, nonfunctioning
and noncontributing members of society.
Kemp contended that people with disabilities
suffered far more from lack of jobs, housing --
lack of access to society -- than from the
diseases MDA sought to cure. The Telethon was
urged to reform to portray people with
disabilities "in the light of accomplishments,
capabilities and rights, and to "inform the
public of the great waste of money and human life
that comes from policies promoting dependence
rather than independence."
13
Telethon Reform
  • Telethons, such as the Easter Seals', United
    Cerebral Palsy's, changed their process by
    including adults with disabilities and offering
    more segments on things like "independent living"
    which those in the disability rights movement had
    urged.

14
1991SABE
  • Self Advocates Becoming Empowered (SABE) was
    founded during the Second North American People
    First Conference in Nashville, Tennessee.
  • The groups objectives included closing all
    institutions, making self-advocacy readily
    available, and working in conjunction with the
    criminal justice system to ensure people with
    disabilities know their rights.

15
SABE on Self Advocacy
  • Self-Advocacy is About
  • independent groups of people with disabilities
    working together for justice by helping each
    other take charge of our lives and fight
    discrimination. It teaches us how to make
    decisions and choices that affect our lives so we
    can be more independent. It teaches us about our
    rights, but along with learning about our rights,
    we learn about our responsibilities. The way we
    learn about advocating for ourselves is by
    supporting each other and helping each other to
    gain confidence to speak out for what we believe
    in (SABE, 1991).

16
1994Self Determination and Self Advocacy
  • Essential to Self-determination is "a combination
    of skills, knowledge, and beliefs along with an
    understanding of ones strengths and weaknesses
    enabling a person to engage in goal-directed,
    self-regulated, autonomous behavior. When acting
    on the basis of these skills and attitudes,
    individuals have greater ability to take control
    of their lives and assume the role of successful
    adults in our society"
  • (Field, Martin, Miller, Ward, Wehmeyer, 1998,
    p.2).

17
  • Self-determination skills for students with
    disabilities was the focus of extensive research
    and development in the 1990s. Field and Hoffman
    (1994) conceptualized self-determination as a
    process that includes
  • knowing yourself,
  • valuing yourself,
  • planning to reach goals,
  • acting upon those plans, and
  • learning from the experience.
  • This simple model provides the framework for
    developing a specific type of self-determination
    skill, self-advocacy. The theme of these
    Self-advocacy Activities is self-knowledge and
    developing a sense of self-worth, the first two
    stages of the Field and Hoffman model.

18
Self Advocacy
  • An individuals ability to effectively
    communicate, convey, negotiate or assert his or
    her own interests, desires, needs, and rights.
    It involves making informed decisions and taking
    responsibility for those decisions. (VanReusen et
    al., 1994)
  • Self-knowledge is the first step towards
    advocating for your rights knowing your
    strengths, needs, and interests.

19
Tips for Self-Advocacy
  • Know and understand your rights and
    responsibilities
  • Learn all you can about your disability, needs,
    strengths, and weaknesses
  • Know what accommodations you need as well as why
    you need them
  • Know how to effectively/assertively communicate
    your needs and preferences
  • Find out who the key people are and how to
    contact them if necessary
  • Be willing to ask questions when something is
    unclear or you need clarification

20
1994Maryland Disabilities Forum
  • Self-Advocacy Activists with disabilities
    involved with other disability advocacy
    organizations, formed the Maryland Disabilities
    Forum (MDF) in order to produce statewide systems
    change.
  • The MDF holds a Gubernatorial Candidates Forum
    every four years, providing a platform for
    individuals with disabilities to hear about and
    engage in the policy issues that affect their
    lives.

21
Maryland Disabilities Forum
  • Recommended and advocated for the creation of a
    Department of Disabilities, elevating the
    Governors Office for Individuals with
    Disabilities to a cabinet-level department.
  • Assisted in writing the legislation for the
    proposed department, which included
    recommendations given by MDF for implementing the
    New Freedom Initiative for Maryland.
  • On May11, 2004, Governor Ehrlich signed Senate
    Bill 188, thus creating the new state Department
    of Disabilities.

22
1995American Association of People with
Disabilities
  • American Association of People with Disabilities
    is founded in Washington, D.C. by Paul G. Hearne
    with aid from disability activist Justin Dart and
    others.
  • The group is The largest national nonprofit
    cross-disability member organization in the
    United States, dedicated to ensuring economic
    self-sufficiency and political empowerment for
    the more than 56 million Americans with
    disabilities.

23
1996
  • Not Dead Yet is established to protest assisted
    suicide of people with disabilities.
  • The formation of the group was prompted by the
    acquittal of Jack Kevorkian for his role in the
    assisted suicide of two women with disabilities.
  • The organization believes that a right to die
    could lead to a societal obligation to die.
  • Of particular concern are calls for the
    rationing of health care to people with severe
    disabilities and the imposition of Do Not
    Resuscitate (DNR) orders for people with
    disabilities in hospitals, schools, and nursing
    homes.

24
1996Increasing Voter Awareness
  • President Clintons challenge to the nation to
    establish a national disability policy based upon
    three simple creeds inclusion, not exclusion
    independence, not dependence and empowerment,
    not paternalism wins the support of the
    disability community.
  • More than ever before, disability self-advocates
    are pushing policy toward greater inclusion of
    people with disabilities into society.

25
1996
  • President Clinton renews the call of his
    predecessors for greater community inclusion of
    people with intellectual disabilities by signing
    Executive Order 12994.
  • President Clinton encourages America to see the
    abilities, not the limitations in every American,
    and to recognize the worth and dignity that every
    American contributes to the nation.
  • The Presidents Committee for people with
    Intellectual Disabilities answers this call with
    a series of reports, including The Journey to
    Inclusion A Resource Guide for State
    Policymakers and Collaborating for Inclusion
    1995 Report to the President.
  • (U.S. Department of Health and Human Services)

26
1999
  • Global Perspectives on Independent Living for the
    Next Millennium hosts an International Summit
    Conference on Independent Living in Washington,
    D.C.
  • The conference brought 125 leaders of the
    Independent Living movement from 50 countries
    together to compare services and bring about
    additional cooperation.

27
1999Integrated Setting
  • The United States Supreme Court
    rules on Olmstead v. L.C. and E.W.
    stating that the Americans with Disabilities Act
    requires public agencies to provide services in
    the most integrated setting.
  • The case states services should
    not be provided in an institutional
    setting if a person with a
    disability can be served in a
    community- based environment.

28
1999
  • Kids As Self Advocates (KASA), an organization
    created by youth with disabilities for youth to
    educate society about issues concerning youth
    with a wide spectrum of disabilities.
  • KASA believes in supporting self-determination,
    creating support networks and proactive advocacy
    for all youth with disabilities in our society.

29
1999
  • The Work Incentives Improvement Act (Ticket to
    Work) becomes law.
  • Designed to increase beneficiary choice, remove
    barriers, and provide greater opportunities for
    people with disabilities to participate in the
    workforce and lessen their dependence on public
    benefits.

30
2001New Freedom Initiative
  • The New Freedom Initiative is announced by
    President George W. Bush as a comprehensive plan
    representing an important step in working to
    ensure that all Americans have the opportunity to
    learn and develop skills, engage in productive
    work, make choices about their daily lives and
    participate fully in community life.

31
New Freedom Initiative
  • The Initiative's goals
  • Increase access to assistive and universally
    designed technologies
  • Expand educational opportunities
  • Promote home ownership
  • Integrate Americans with disabilities into the
    workforce
  • Expand transportation options and
  • Promote full access to community life.

32
2001National Disabled Students Union
  • NDSU was formed to protest the fact that the
    Supreme Court said that people with disabilities
    who work for the state, state government or
    state university cannot sue the state for
    violations of the Americans with Disabilities
    Act.  
  • The National Disabled Students Union (NDSU) is a
    national, cross-disability, student organization
    founded in response to the U.S. Supreme Court
    decision limiting the enforcement of Title I of
    the 1990 Americans with Disabilities Act (Board
    of Trustees of the University of Alabama et al.
    v. Garrett et al).  

33
2002Help America Vote Act
  • Its goals include the replacement of voting
    machines, voter registration reform, better
    access to voting for people with disabilities and
    poll worker training.
  • To the disability community, HAVA is more than an
    election reform statute it is a civil rights
    law. It gave individuals with disabilities what
    no other previous civil rights statute had given
    before the right to participate in elections as
    other voters do and to cast a private and
    independent ballot.

34
With increasing accessibility to voting
locations, individuals with disabilities are
actively pursuing their rights as citizens to
engage in the political determination of
leadership.
The Help America Vote Act of 2002 required
polling places to have at least one voting system
accessible for people with disabilities.
35
2004
  • The development of group consciousness among
    people with disabilities gave rise to the
    disability civil rights movement seeking to
    promote pride in the history, activities, and
    cultural identity of people with disabilities
    throughout the world.
  • The first annual Disability Pride Parade marched
    in Chicago, IL.  It was the first national and
    worldwide parade about being
  • Disabled Proud!

36
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37
2005Money Follows the Person Act
  • Gives people the freedom to choose where they
    want to live and receive services. Promotes
    transition and community integration.
  • ADAPT classified the MFP as win-win in that
    people with disabilities get the choice to live
    in the community and states get the needed
    resources to rebalance their long term service
    systems to increase the availability of community
    based services.
  • MFP helps states comply with the ADA and the
    Olmstead decision, comparing nursing home costs
    to their waivers, and ICF-MR costs to their
    waivers.
  • MFP provides respite care services for caregivers
    of adults with disabilities or long-term illness.

38
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39
Money Follows the Person in Maryland
  • The Maryland Disabilities Forum lead other
    disability advocacy groups in providing
    stakeholder input to the State for their grant
    proposal to the Center for Medicare and Medicaid
    Services for 3.5 million in federal funding,
    over five years, to change Marylands long-term
    care system.

40
2009Community Choice Act
  • The Community Choice Act (H.R. 1670 and S. 683),
    part of the historic healthcare reform
    legislation provides a person with a disability
    the choice of where to live, rather than being
    forced to stay in institutional care.

41
Community Choice Act
  • The Community Choice Act provides Americans with
    disabilities equal access to community-based
    services and supports.
  • Provides individuals with disabilities in nursing
    homes and other institutional settings with
    options to receive community-based services.
  • Helps address waiting lists by providing
    guaranteed access to a community-based benefit
    within Medicaid.
  • Amends Medicaid to require state Medicaid plan
    coverage of community-based attendant services
    and supports for certain Medicaid-eligible
    individuals.
  • States receive an enhanced federal matching rate
    for meeting certain benchmarks and for serving
    people whose costs exceed 150 percent of average
    nursing home costs.

42
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43
Defending Our Freedom
  • ADAPT organizes a campaign to address massive
    state cuts during economic
    recession.
  • Defending Our Freedom a three-prong national
    campaign aimed at organizing the
    disability community to
  • Demand that the Obama administration fulfill
    its duty to aggressively protect the civil rights
    of disabled Americans and enforce the Americans
    with Disabilities Act/Olmstead decision
  • File complaints with the Health and Human
    Services Office of Civil Rights and the U.S.
    Department of Justice that document the violation
    of rights of individuals who have been forced
    into institutional settings and denied community
    services.
  • Document the disability communitys efforts to
    fight back against state cuts, rally others to
    join the fight, and hold public officials
    accountable when they do not support people with
    disabilities freedom.

44
A Movement Still in Progress
  • This display offers a glimpse into the past 20
    years of the disability civil rights movement and
    successful systems change tracing the evolution
    of self advocacy since the historic passage of
    the Americans with Disabilities Act in 1990.
  • America has come a long way with advocacy for
    policies that improve the lives of people with
    disabilities and movements toward full social
    inclusion. The disability civil rights movement
    is still in motion. Advocates recognize the need
    for effective change is greater than ever, for
    even though progress has been made, social
    awareness is still evolving.

45
Presented By The Maryland Disabilities Forum
  • The Maryland Disabilities Forum is a non-profit
    cross-disability organization led by people with
    disabilities that provides leadership in
    facilitating systems change to achieve community
    inclusion, civil rights and equal opportunities
    for people with disabilities. The Forum achieves
    this by connecting people with disabilities,
    other individuals, and organizations providing
    them with the opportunity to network and engage
    in public forums to increase awareness among
    people with disabilities and enhancing their
    participation in the policy setting and
    implementation process by providing a wide
    spectrum of information.
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