This week, we have stories that focus on: schools segregating Disabled children, An IQ metric being set for death row cases in a Louisiana, a British think tank arguing against social safety nets for some of the UK’s Disabled population, a public transit ad campaign using a Disabled musician and advocate’s image without her consent and a Disabled father-daughter pair suing the federal government for veterans benefits they believe they are owed.
Why emotional disturbance, a special ed category, is a double-edged sword for students
Laurie Stern, NPR
The story examines how children classified as having an emotional or behavioral disorder (EBD) are often segregated without adequate support. It follows Walter, now a Disabled adult, and his family as they navigate an education system that was not built to support him.
EBD is a label assigned to some disabled students, and it can carry lasting consequences as students move through elementary, middle, and high school, making access to postsecondary education more difficult. Although these classrooms are located within mainstream schools, students are often separated from their peers. Critics worry that this approach does not improve educational outcomes and instead deepens divisions between some disabled students and their non-Disabled classmates.
The piece highlights how some families understand the limitations and drawbacks of these classrooms but still view them as the safest option for their children. It also explores concerns among educators and researchers that the EBD label is disproportionately applied to BIPOC children from low-income households.
From the Story:
“It’s definitely true that the white kids are ending up with OHD [other health disabilities] and autism instead of EBD…”while the Black and brown kids are getting EBD.” — Braden Schmitt, area school psychologist
Death penalty prisoners would have to prove low IQ for successful disability claim
Izzy Wollfarth, LSU Manship School News Service
This article examines the passage of a bill by the Louisiana House of Representatives’ Criminal Justice Committee. House Bill 1107 would require defendants invoking intellectual disability as a defense to prove they have an IQ lower than 75. In Louisiana, intellectual disability can only be used as a defense in death penalty cases.
Critics have long argued that IQ tests are an unreliable measure of disability because intellectual disability encompasses a broad range of definitions and diagnoses. The issue has been the subject of multiple cases before the U.S. Supreme Court, and several experts interviewed for this story believe the bill does not meet current federal legal standards. Advocates also argue that relying on an IQ threshold does little to protect people accused in death penalty cases.
From the Story: “If we get this wrong, someone doesn’t lose their right, they lose their life.” — Dr, Ashley Volion, Disability Rights Louisiana
‘Unhelpful and ill-informed’: Charities slam Tony Blair think tank report on disability benefits
Albert Toth, the Independent
This story highlights how the Tony Blair Institute, a British think tank founded by former Labour Prime Minister Tony Blair, argues that Disabled people with conditions such as moderate depression and ADHD should not qualify for certain British social safety net benefits.
Disability charities, including Mencap, are pushing back by emphasizing the reality that ableist barriers can limit Disabled people’s opportunities to work. Advocates also note that many Disabled people want to work, but there is not enough support in place to help them succeed and thrive in workplace environments.
Disability benefits in the UK continue to face cuts due to perceptions of entitlement rooted in outdated assumptions about Disabled people’s effort and worth. Advocates argue that continued changes to the British welfare system will lead to lower standards of living and push more Disabled people into poverty.
From the Story:
“Our evidence is clear: people with a learning disability want to work…What they lack is consistent, specialist support and employers willing and equipped to give them a fair chance.” — Jon Sparkes, chief executive of the charity Mencap
A Denver music icon saw herself on a bus. She wasn’t happy
Kiara DeMare, Denverite (Colorado Public Radio)
This story examines what happened after musician and Disability rights advocate Kalyn Heffernan discovered that her photo had been plastered on the side of a public transit bus without her permission. She only learned about it after a friend spotted the bus, took a photo, and sent it to her. Heffernan said she was shocked and still does not know how many buses feature her image. Ironically, Heffernan was also a mayoral candidate whose campaign platform included improving public transportation by making it free and accessible.
She was not the only person whose image appeared on the buses. Robin Stephens and Wade Blank, both well-known disability rights activists in Denver, also had their photos used, seemingly without their permission. The Regional Transportation District (RTD), which oversees public transit in the area, appears to be placing responsibility on the artist who submitted the designs as part of a contest.
The controversy comes as RTD faces criticism from local advocacy groups over several recent changes, including fare increases for users of accessible transit services.
From the Story: “Ultimately, I’m not trying to drag this artist. RTD [the Regional Transportation District] is the one with the power and the responsibility and the state funding and the decades-long service…I don’t want RTD to pass the blame on this artist because it’s their responsibility.” — Kalyn Heffernan
Vietnam veteran exposed to Agent Orange and his disabled daughter challenge law that denies her benefits
Linda F. Hersey, Stars and Stripes
This story highlights a Vietnam veteran and his Disabled daughter who are challenging federal policies governing benefits for children born with birth defects linked to Agent Orange exposure. They argue that current U.S. Department of Veterans Affairs rules are discriminatory on the basis of sex because benefits are only available if the mother — not the father — was exposed to Agent Orange during the Vietnam War.
According to the lawsuit, filed in the United States District Court for the District of Connecticut, an estimated 350,000 children were born with birth defects after the Vietnam War that may be connected to their fathers’ exposure to Agent Orange. While there appears to be limited public data on the exact number of people affected, the Centers for Disease Control and Prevention has studied since at least the 1980s.
From the Story: “When the VA rejected my claim, they didn’t say my condition wasn’t real or that it wasn’t caused by Agent Orange. They said my father’s service didn’t count as the same as a mother’s would. How can that be legal?” — Michele Christoforo, plaintiff
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