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From Temple University Institute on Disabilities.

NEWSLETTER

The Institute on Disabilities
at Temple University

Issue 1
Summer 2020

Hello…and Welcome!

Welcome to the first quarterly newsletter for the Institute on Disabilities at Temple University, College of Education. Our goal is to keep our friends and colleagues up to date with what is happening at the Institute and pass on any important information for and about people with disabilities, their families and those who support them.

We hope that you enjoy the newsletter.

Sign up to join our contact list and let us know what you’d like to read about in future. Click on this link to our form.

Institute Adapts During COVID-19

Continuing and Improving its Work for and with People with Disabilities

Beginning on March 17, 2020 the Institute began to conduct all work remotely, in accordance with the guidelines set forth by the Commonwealth of Pennsylvania. Our existing programs adapted, and in response to needs, we introduced new programs and provided important resources.

Here are some highlights:

• The Institute created and maintained a list of resources focusing on sites for guidance, information, assistance and personal well-being.
• TechOWL - Technology for Our Whole Lives, the Assistive Technology program of the Institute, launched a new program called Connect With Tech which collects used devices such as iPads, tablets and smart phones, and ships to Pennsylvanians with disabilities who use them for communication, especially during quarantine. Read more about Connect With Tech.
• 7th Annual Disability and Change Symposium – Combating Implicit Bias: Employment This annual event is a one-day, interdisciplinary conference focusing on cultural equity and disability. Originally scheduled as an in-person event for March, we had to re-envision and transform it into an online mini-course, available at any time. To date, more than 5000 people have accessed the course modules. Read more on the Disability and Change Symposium webpage.

A complete story about how the Institute responded to the COVID-19 crisis is available on the news section of our website: Institute Adapts during COVID-19

Institute Names Interim Executive Director

On March 7, 2020, Sally Gould-Taylor, PhD began her tenure as Interim Executive Director of the Institute on Disabilities at Temple University, College of Education. Having served as both the Associate Director of the Institute and as its Director of Research and Evaluation, Dr. Gould-Taylor is uniquely qualified to guide the Institute into a new era.
 
During the transition, Sally is working closely with the Dean and Deputy Dean of the College of Education on all decisions concerning the Institute's operations and is leading the Institute through this important change.
Sally holds a PhD in Urban Education with a focus on Anthropology of Education. Her work builds from community driven Participatory Action Research in diverse fields of human services, disability and education. Additionally, she has taught at Temple University for ten years.
"I am looking forward to working with the Institute's dedicated staff, and our University and community partners, to sustain the extraordinary work we have accomplished over the past four decades," Sally said. "We will continue to build on our shared vision where ALL people are respected and lead self-determined lives."

Sally’s predecessor, Celia S. Feinstein, announced in September 2019 that she would be stepping down as Executive Director, but remaining at the Institute to manage several key projects. (Read Celia’s announcement)

Policy Spotlight

Hospital “no visitor” policies cannot discriminate against people with disabilities

Pennsylvania policy  

On April 27, 2020, the Pennsylvania Secretary of Health, issued a revised, statewide hospital visitor policy. As a member of the PA Coalition for Inclusive Community, the Institute on Disabilities at Temple University, joined other Pennsylvania disability organizations to raise concerns about this policy because:

• A person with an intellectual disability or significant communication need has a right to participate in decision making and communication about their care. This right must not be restricted simply because a person needs assistance from a support professional or family member, and;
• Individuals and families needing care should not have to “hospital shop” in order to find a Pennsylvania hospital that will grant access to a support person in these situations. 

The April 27 policy left the decision as to whether a support person will be allowed to the discretion of the medical staff. Pennsylvanians with disabilities and families argued this remained inadequate for several reasons:

• The right to cognitive, communication or other support because of a disability is protected by various anti-discrimination laws including the Americans with Disabilities Act and, in many cases, the Rehabilitation Act of 1973. Under these statutes, access to support is a reasonable accommodation;
• In most instances, the medical staff charged with deciding if a support person is necessary in the hospital have no previous experience with the person and the impact of their disability.
• Medical staff may lack any experience with disability at all.

On May 23, 2020, the PA statewide visitor policy was revised to include a statement to ensure compliance with state and federal laws including the Americans with Disabilities Act. As a result, Pennsylvanians with disabilities may bring a support person into the hospital if needed. 

What is the current policy in Pennsylvania?

Read about the current policy on this PA Department of Health webpage: Guidance on Hospitals' Responses To COVID-19

Federal policy

On June 9, 2020, the Federal Office of Civil Rights (OCR) at the U.S Department of Health and Human Services announced a resolution on hospital visitor policies. This Resolution was a response to a federal complaint filed by the Center for Public Representation alleging that strict “no visitor” policies discriminate against people with disabilities in violation of the Americans with Disabilities Act (ADA).

What are some key points of the Resolution?

• People with disabilities must be allowed a support professional or family member to accompany them in the hospital as a reasonable accommodation.
• Hospitals must take steps to mitigate the risk of COVID-19 transmission to support professionals or family support who need to enter the hospital with a person with a disability to ensure equal access to healthcare and/or effective communication. 

Where can I learn more?

You can read the full text of the press release and Resolution here: Federal Civil Rights Resolution Makes Clear Hospital Visitor Policies Nationwide Must Accommodate Patients with Disabilities During COVID-19 Pandemic
 

New Initiatives:
Communicating and Collecting

COVID-19 Vocabulary Board 

Early on during the quarantine, the TechOWL team created a core vocabulary board with icons added in response to the COVID-19 crisis. Vocabulary boards are generally used by people who are unable to communicate in a traditional manner. The board can be used to communicate health issues, food needs, fears and wants. It is available for download online, and a limited number of printed and laminated ones are available. Learn more: COVID-19 vocabulary board.

Story Collecting and Disseminating

Collecting and disseminating stories of people with disabilities and their families is always important, but during the COVID-19 crisis, it is essential. We need to understand the impact that this crisis has on people with disabilities to how to best manage through future events.

• The Institute's Media Arts & Culture (MAC) program was awarded a short-term grant by the Independence Public Media Foundation to collect stories about living with disability in the midst of the COVID-19 crisis. The Institute will assemble a cohort of community partners who can elicit stories from people who represent the intersectionality of the disability community. The stories will live on the Institute's website and excerpts will be shared on social media. Independence Public Media will also share the stories with media outlets across the region in an effort to increase awareness and support advocacy efforts.
• The Institute is partnering with Short Edition to collect stories from people with intellectual and developmental disabilities. During this time of social distancing, the strategy of the story collection had to change. Writing professionals will work with people with disabilities to compose narratives, poems and even drawings. The stories will be added to, and dispensed by, a story kiosk in center city Philadelphia. The story kiosk has been adapted to accommodate touchless interaction and will be moved throughout the city in the coming months.
• The Institute’s Person Directed Services (PDS) project has collected stories about using PDS—how users feel about it; success stories, challenges, etc. Stories, photos and videos are on the Institute website and are actively shared on social media.  Find the stories on our website: Person Directed Services: Stories
• Finally, the Institute created a unique social media campaign – #SaluteYourSupports – that provides an opportunity for people with disabilities to recognize their support professionals who continue to be active partners even through a quarantine. These Support Service Professionals, Direct Support Professionals and Personal Care Attendants work to ensure that people with disabilities successfully accomplish the tasks of daily life.

Western Corner

The Institute’s mission extends across the Commonwealth of Pennsylvania and as such, we maintain a satellite office in Pittsburgh. As Western Coordinator, Guy Caruso, PhD, manages all activities in the region, in addition to his work with Pennsylvania's ODP Independent Monitoring for Quality Program.

In his role as an advocate and teacher, Guy has taken an active role in the ADA 30th Year Planning Group, hosted by the Pittsburgh-based FISA Foundation. This group has worked with the Pittsburgh Port Authority to facilitate the wrapping of two city buses with the ADA logo in recognition of the anniversary. In addition, Guy is a part of the Western PA Disability History and Action Consortium and will lead a panel discussion as part of the Disability Pride Virtual PA 2020, a 30-day recognition of the 30th anniversary of the ADA passing.

“Learning from Our History: Living Beyond the Wall of the Institution” will address three films, two of which Guy and the Institute played a major role in producing.

“From Wrongs to Rights,” which explores Western Pennsylvania advocacy that exposed issues in the Commonwealth’s institutions and “Valuing Lives: Wolf Wolfensberger and the Principle of Normalization” which profiles the academic who influenced disability policy and practice through his development of normalization and social role validation.

• To view “From Wrongs to Rights”–
  link to YouTube: From Wrongs to Rights
• To view “Valuing Lives: Wolf Wolfensberger and the Principle of Normalization” through July 27–
  link to Disability Pride: Valuing Lives
  (scroll down the page to https://vimeo.com/160372828
  password: wolfdoc)
• “Learning from Our History: Living Beyond the Wall of the Institution” is scheduled for July 22, 2020, 4:30 to 6:30 p.m. To attend, go to–
  link to Disability Pride: Learning From Our History

CONTACT US
Email: IOD@temple.edu                    Tel: 215-204-1356

Institute on Disabilities at Temple University
College of Education
1755 N. 13th Street  Student Center 411S
Philadelphia, PA 19122   

COVID-19 Exacerbates Racial Inequities

As districts move forward from a semester marked by unexpected school closures, insidious forms of racial inequality and class stratification are playing out in Pennsylvania. COVID-19 has left districts scrambling to adapt schooling to a remote or blended environment, systematically disadvantaging students of color, students with disabilities, English learners, refugee students, students experiencing homelessness, and other students who are now facing additional barriers in accessing the education to which they are entitled. Students of color at the intersection of these identities typically face harsher circumstances than their similarly situated white peers, further illustrating how racial inequity is baked into our employment, health, housing, and education systems.

While preparing to reopen in the fall, districts must now address revenue shortfalls and a host of additional obstacles brought on by the pandemic. Poorer districts already faced disadvantages due to chronic underfunding. Now, the atmosphere is even more bleak, and the need for meaningful advocacy even more dire. Helping our students through the crisis will require concretely addressing not only the apparent impacts of COVID-19, but also the underlying structural racism built into our education system that has allowed the pandemic to further disadvantage students of color. We at ELC stand committed to advocating for educational equity and justice for all students in Pennsylvania as we work to help students and families navigate the new COVID-19 reality.

---

Centering Equity in Back-to-School Planning

ELC helped host a listening session titled "Equity in Education During COVID-19 School Closures," as a member of the Philadelphia Coalition of Special Education Advocates. Parents, educators, and advocates shared moving testimony about their difficult experiences during the 2019-2020 school year and the shift to remote learning. Several common themes emerged, such as lack of technology resources, lack of English learner instructional services, and profound learning losses for students with disabilities.
These concerns, and others that were shared during the program, will be used to make planning recommendations as Philadelphia transitions into the next school year. This successful event was co-hosted by the Mayor's Commission on People with Disabilities, the Mayor's Commission of Asian-American Affairs, and the Mayor's Commission on African and Caribbean Immigrant Affairs.

Imagining and Striving Toward Police-Free Schools

ELC stands with students, parents, and advocates across the country who are calling for and winning commitments to police-free schools. This effort is not simply a request for the physical removal of police from school; it is a vision of schools where students and educators have the resources and supports they need to thrive, without relying on police and systems of oppression to discipline and push out students, particularly students of color and students with disabilities. Across Pennsylvania, we are seeing increased attention to this idea — with some steps forward and many reminders of how much work remains.

In Pittsburgh, school board members Devon Taliaferro and Pam Harbin introduced a board resolution to reimagine school safety, so that the district’s deliberations about school police occur in the sunlight with public participation and input. The resolution calls on PPS to remove school police and instead invest funds in resources for students and schools. It was introduced soon after a coalition of over 15 organizations, including ELC, launched the COPS OUT of Pittsburgh Schools campaign with a June 22 rally before a virtual public hearing of the school board.

In Philadelphia, despite strong testimony and support from students, parents, and teachers, and a petition from Philadelphia Student Union signed by 13,000 people, the school board has not taken action to defund its school police force. Instead, law enforcement will be renamed as "school safety officers," changing both their job descriptions and their uniforms.

While receiving renewed attention now, this movement for police-free schools is a longstanding one that has been led by Black and Brown students. ELC supports them and this work as we reimagine a vision of schools in which all students feel supported and safe.

Oral Argument on Discovery Issues Held in School Funding Case

Oral argument was held virtually before Commonwealth Court on June 30 regarding motions to quash the depositions of several witnesses, including the governor, secretary of education, and recently elected Speaker of the Pennsylvania House of Representatives Brian Cutler. Cutler replaced former Speaker Michael Turzai as a party respondent following Turzai’s June 15 resignation.
On behalf of our petitioner parents and school districts, our team (ELC, Public Interest Law Center, and O’Melveny & Myers LLP) is seeking to depose Speaker Cutler in his official capacity. The Speaker opposes this effort on grounds that any testimony would be protected by the Speech and Debate Clause privilege. Yet Speaker Turzai and now Speaker Cutler have named their legislative staff as witnesses.
Petitioners also seek to depose Secretary of Education Pedro A. Rivera in his individual capacity; he was superintendent of Lancaster School District in 2014 and can speak to his decision to have Lancaster join as a petitioner in the lawsuit.
Judge Renee Cohn Jubelirer ordered additional briefing from Speaker Cutler and will issue a ruling on these matters in the coming weeks.

PA School Districts Need Additional Federal Stimulus Funding

The 2019-20 school year has officially ended, and school districts across Pennsylvania today mark the daunting start of the 2020-21 fiscal school year. State and local funding levels are set and, in many cases lower than last year, leaving school districts to confront the reality that available funding will not meet their growing needs. Lost instructional time has increased demand for learning opportunities this summer and next school year. The need for continued social distancing is likely to increase transportation, facilities, and other school operating costs. Federal stimulus dollars have largely made up for lost local revenue, rather than addressing these additional costs. More federal funding is needed to ensure that students can achieve a high level of learning amid the changes, trauma, and tremendous demands they and their families are experiencing.

ELC joins other education advocates, including our partners at PA Schools Work, in calling upon Congress to provide another round of stimulus funding to support K-12 schools. Stimulus funding to date remains far less than the federal government provided during the 2008 financial crisis, at a time when the direct impact on schools was far less. We urge you to contact Sen. Pat Toomey and Sen. Bob Casey to let them know that Pennsylvania needs additional federal support to weather the COVID pandemic.

ELC Celebrates Supreme Court Victory for LGBTQ Students

The United States Supreme Court issued a landmark decision on June 15 declaring that Title VII of the Civil Right Act of 1964 prohibits employment discrimination against individuals who are lesbian, gay, bisexual, and transgender (LGBT). ELC joined the Leadership Conference on Civil and Human Rights in filing an amicus brief focused on the importance of this issue for people of color who identify as LGBTQ. The case has important implications for schools because courts apply the definition of “sex” as used in Title VII to interpret other statutes, including Title IX of the Education Amendments of 1972 which prohibits educational entities from discriminating on the basis of sex.

Supreme Court Voucher Decision Allows Discrimination

We are disappointed that yesterday’s U.S. Supreme Court ruling in Espinoza v. Montana Department of Revenue obligates taxpayers to fund private religious schools that can and do discriminate against students based on disability, sexual orientation, gender identity/expression, socioeconomic status, and other biases. Such programs also contribute to racial and socioeconomic segregation. Read our statement here.

Chester Upland School District Moves Forward to Explore Outsourcing Options

Chester Upland School District is moving forward to implement a court-approved Recovery Plan which permits a receiver to pursue a controversial, unprecedented charter conversion and outsourcing of operations of all Chester Upland K-12 schools. On June 22, ELC participated in a status conference where we raised concerns regarding the need for greater transparency, public input, and direct communications with parents, whom ELC and the Public Interest Law Center represent.

The receiver and former superintendent of Chester Upland, Dr. Juan Baughn, recently appointed Dr. Leroy D. Nunery II, of PlūsUltré LLC, as a strategic advisor to assess the district’s needs and prepare RFIs and RFPs. This summer the district is seeking proposals from intermediate units to outsource certain functional operations.

The receiver is releasing requests for information to potential school providers in the coming months with an RFP process beginning in the fall and continuing into 2021. This month, the district also hired a new Superintendent Carol Birks, a former superintendent of New Haven, Conn. who has been quoted as saying that she has “no preference” regarding whether Chester Upland is converted to a charter school.

Chester Upland School District has a long history of deeply entrenched underfunding that has harmed generations of students of color. We will continue to oppose efforts to charterize the district at the expense of providing a quality education to students. 

A Victory for Students with Disabilities and LEP Families

When a western Pennsylvania school district failed to follow a 15-year-old’s IEP and prevented his limited English proficient parents from participating in his education, the PEAL Center and ELC stepped in to support the family in raising these violations with the Pennsylvania Department of Education. The Department issued a favorable decision, confirming that the district violated multiple provisions of the Individuals with Disabilities Education Act and that the student was entitled to compensatory education services. As a result of this collaborative advocacy, the district must also complete extensive staff training on IEPs, on parent participation, and on providing information in parents’ native language — reforms that will benefit all students in the district.

Pittsburgh Public Schools Makes Positive Changes in Code of Conduct

ELC’s continued advocacy has resulted in meaningful changes to Pittsburgh Public Schools’ Code of Student Conduct — including the elimination of a policy that allowed students to be suspended for multiple minor infractions, such as tardiness or having a cell phone. This change and others in the code mean that when schools reopen, whether in person or virtually, students will have the benefit of policies that require intervention, not punitive discipline.

ELC Wins Systemic Reform of District's Special Education Evaluation System

In response to a state administrative complaint, ELC received a decision that will lead to systemic changes affecting thousands of children suspected of having disabilities in Philadelphia. After hearing from many families, ELC filed a complaint with the Pennsylvania Department of Education's Bureau of Special Education (BSE) on behalf of 12 individual students and hundreds of similarly situated students who were denied timely special education evaluations.

BSE found that the School District of Philadelphia was not properly identifying and referring many children in need of special education evaluations. Even when children were properly referred, BSE found that students were not evaluated within the required timeframe. As a result, hundreds of children were languishing without the special education services they needed.

BSE ordered the district to put in place new policies and procedures, monitor data to ensure timely evaluations, and provide necessary compensatory education services to individual students impacted. These reforms will ensure that children with disabilities receive the services they need in a timely manner.

ELC Welcomes Additional Summer Interns

We are thrilled to welcome two new interns to our offices this June, Megan Izzo and Brandon Miller.

Megan is a rising second-year student at Stanford Law School. Prior to law school, she worked at an employment law plaintiffs’ firm in New York and taught high school English in Madrid, Spain for two years. Megan has engaged in direct service work with asylum seekers, undocumented workers, workers with disabilities, and populations experiencing homelessness.

Brandon Miller is entering his second year at Temple University Beasley School of Law, where he is a Rubin Presser Public Interest Fellow. He has worked as a full-time teacher in the School District of Philadelphia since 2005. He has been involved with several education related public interest and social justice organizations throughout Philadelphia.

Save the Date!

ELC will commemorate 45 years of working to ensure access to a quality public education for all children in Pennsylvania on September 24 at 6 p.m. Due to COVID-19, our celebration will be virtual. Please stay tuned for more details! 

Seeking Postgraduate Legal Fellows

Are you a rising 3L student or finishing a judicial clerkship in 2021 and in search of an impactful postgraduate fellowship? ELC is accepting applicants for legal fellows to begin in fall 2021. Ideal candidates will have a demonstrated commitment to public interest law. Preference will be given to fellowship applicants who submit their applications by July 17. Learn how to apply here.

What We're Reading...

• From Juneteenth to the Tulsa massacre: What isn’t taught in classrooms has a profound impact, by Daniella Silva, NBC News
• Black Minds Matter, by Coshandra Dillard, TeachingTolerance.org
• Bias Isn’t Just A Police Problem, It’s A Preschool Problem, by Cory Turner, NPR Morning Edition
• The banality of racism in education, by Jon Valant, Brookings Institute.

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A copy of the official registration and financial information of the Education Law Center may be obtained from the Department of State by calling toll-free, within Pennsylvania, 1-880-732-0999. Registration does not imply endorsement.

Education Law Center | 1800 JFK Boulevard, Suite 1900A, Philadelphia, PA 19103

Governor Tom Wolf announced that people with intellectual disabilities and autism and the providers of support services for these vulnerable Pennsylvanians will receive $260 million in CARES Act funding to help continue to provide services during the COVID-19 pandemic.

"This funding will help the more than 40,000 Pennsylvanians who receive assistance through one of the Department of Human Services’ programs or facilities," Gov. Tom Wolf said. "It will help to improve the quality of life for these vulnerable Pennsylvanians and those who have dedicated their lives to caring for them, and it will bring relief to families and loved ones knowing we are committed to providing the highest level of care possible, even during a pandemic."

Gov. Wolf was joined by Department of Human Services Secretary Teresa Miller, who outlined to details of funding allocations.

"These dollars are intended to supplement the budgets of an industry built on the values of service, caregiving, and inclusion – an industry hit particularly hard by the COVID-19 pandemic," Sec. Miller said. "To all of our intellectual disability and autism service providers and direct support professionals – thank you for your tireless and selfless work over the past three months, and for your dedication to helping Pennsylvanians with intellectual disabilities and autism achieve the everyday life they deserve."

The $260 million will be allocated as follows:

• $90 million to providers of residential, respite, and shift nursing services;
• $80 million to providers of Community Participation Support services for 120 days of retainer payments, covering operations from March through June; and,
• $90 million to providers of in-home and community, supported and small group employment, companion, and transportation trip services for 120 days of retainer payments, covering operations from March through June.

Click here to view original press release on pa.gov website: