Sunday, January 5, 2020

Disability Rights (2020 Presidential Election)

It is estimated that 1 in 4 adults in the United States have some sort of disability, or 43 million total individuals. In 1990, Congress enacted the Americans with Disabilities Act.  It was signed into law by George H.W. Bush on July 26, 1990 and amended and signed by George W. Bush with changes effective January 1, 2009.  The intention of the law is that it protects against discrimination based on disability. It makes discrimination by employers against a qualified person with a disability against the law in hiring, advancement, training, and dismissal.  Some of the major points of the law include the requirement of employers to make reasonable accommodations for employees with disabilities and for public places to meet accessibility requirements.  
Source: Rewire.News
At the time it was opposed by some religious groups and business interests.  The Association of Christian Schools International fought and prevailed to keep religious organizations from being classified as “public accommodations” so that they could avoid costly structural changes that would ensure access for all.  The National Association of Evangelicals testified against the employment provisions on the ground of religious liberty and called it an “improper intrusion of the federal government.” Business interests argued that it would have “a disastrous impact on many small businesses struggling to survive."
Still, it passed, but despite the progress that has been made, people with disabilities still have an unemployment rate that is twice that of those without a disability and are more than twice as likely to live in poverty.  Many people with disabilities are paid below minimum wage, some as low as just 4 cents per hourMedicaid is one of the largest sources of healthcare for people with disabilities.  Yet, 1 in 3 do not have access to a primary healthcare provider and has unmet healthcare needs. 
Additionally, more than 3.5 million Americans are believed to have Autism Spectrum Disorder (ASD) including 1 in every 68 children.  As an elementary school teacher, I have worked with many wonderful children with an Autism Spectrum Disorder and studied it extensively including an entire graduate level class dedicated to Autism Spectrum Disorder.  I have seen first hand the effects of early identification and support versus ASD that goes unrecognized for years. This goes for ADHD, Learning Disabilities, and Emotional Behavioral Disorders, as well.
I have also seen first hand the effects that lack of funding can have on students with disabilities.  Last year, my district’s special education program was underfunded by $7 million dollars. This can and does lead to rejecting requests for evaluations or delays in evaluations for students.  It can and does lead to children not receiving the services that they need to due to too few case managers or paraprofessionals. And, it can and does lead to Individualized Education Programs (IEPs) not being properly implemented.
In 1975, Congress passed what is now known as the Individuals with Disabilities Education Act.  It is meant to ensure that students with disabilities receive a Free and Appropriate Education (FAPE) tailored to their needs.  This means that children with a disability have the same opportunity for an education as students without a disability. Today IDEA is not fully funded.  In 1975, Congress vowed to fund 40% of the average cost it takes to fund a student with a disability, leaving the rest to state and local governments.  Today, Congress funds about 14% of that which stresses state and local governments and leads to underfunding and lack of necessary services for students with disabilities (and education as a whole for that matter).
Here is where the candidates stand on this issue.   (If this is a stand alone issue for a candidate, I have linked their entire plan to their name):
Joe Biden:  Biden will fully fund IDEA within 10 years.  His health care plan focuses on protecting Medicare to protect people with disabilities.  He will fund initiatives to pair disability advocates with police departments to better train police to de-escalate interactions with people with disabilities.
Pete Buttigieg:  Buttigieg will work with Congress to end subminimum wage pay for persons with disabilities.  He will work to double labor force participation by people with disabilities by 2030. He will fully fund IDEA.  He will work to protect voting rights and custody rights of persons with disabilities and train police and first responders to appropriately respond to individuals with disabilities.  He will ensure that people with disabilities can receive long term care in their homes and require that transportation projects that receive federal funding are 100% accessible in addition to ensuring that air travel is accessible.  His Medicare for All Who Want It Plan will ensure affordable health care coverage for people with disabilities.
Amy Klobuchar:  In Klobuchar’s first 100 days she will fully fund IDEA.  She will reinstate documents protecting the rights of students with disabilities that were rescinded by Trump’s Education Secretary, Betsy DeVos.
Bernie Sanders:  Sanders will protect and expand the Social Security Disability Insurance Program.  He will increase educational opportunities for people with disabilities by fully funding the Individuals with Disabilities Education Act (IDEA) and expanding vocational education opportunities.  He will end the sub-minimum wage for individuals with disabilities and guarantee jobs that pay a living wage for persons with a disability through a federal job guarantee program. He will ratify the Convention on the Rights of Persons with Disabilities, enact a Medicare-for-all program that includes home-based and community based care, and work to end discrimination against persons with disabilities.
Tom Steyer:  Steyer supports a $15 minimum wage for all people.  He would work to ensure affordable technologies to people with disabilities and fully fund IDEA.
Donald Trump:  Trump has said, "Nobody gives more money to Americans with -- you know, the Americans with Disability Act - big act. I give tens and tens of millions of dollars.  And I'm proud of doing it." This quote was said in response to criticism that he mocked a New York Times reporter who has a disability during his 2016 campaign.  He claims he did not. Here is the video if you’d like to see for yourself.  He has apparently been sued multiple times for inaccessible properties.  Trump’s Education Secretary, Betsy DeVos rescinded 72 guiding documents that detailed the rights of special education students in an effort to get rid of allegedly superfluous regulations.  Under Trump, there has been a rise in discrimination complaints and the firing of disabled federal workers.  He has repeatedly proposed funding cuts to programs that support people with disabilities including Medicaid.  His administration backs Medicaid work requirements which affects people with disabilities and access to healthcare.
Elizabeth Warren:  Once again, Warren’s plans are detailed and extensive.  This summary is very general and just scratches the surface.  Click on her name for greater detail. Warren will create a National Office of Disability Coordination to ensure federal programs work together to support people with disabilities.  She will fight for economic security for people with disabilities by ensuring a fair wage, support children with disabilities by providing crucial early interventions, and ensure technology is used to advance the interests of people with disabilities.  She will protect the rights of people with disabilities in areas like voting, criminal justice, and parental rights. She will ensure consistent, affordable, high quality health care, and promote affordable, accessible living.
Andrew Yang:    Yang is the father of a son with Autism.  He says we need to ensure that all people have equal access to the healthcare they need.

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