Our recent series of articles on the employment rates and work challenges experienced by persons with disabilities paid only a glancing look at perhaps one of the most viable employment options for persons with disabilities—that of self-employment. According to the US Census Bureau, people with disabilities are almost twice as likely to be self-employed as persons without disabilities (14.7% compared to 8%). Although the challenges of creating and sustaining a small business may seem daunting to most of us, self-employment actually can make sound sense for many workers with disabilities. It really needs to be part of the discussion in the "transistion process" albeit typically it is not.
Is Google Illegally Spying On Your Student?
I am reprinting the following article that came to by way of google feed, ironic.
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Is Google Illegally Spying On Your Students? New FTC Complaint Says It Is Posted: 08 Dec 2015 12:35 PM PST
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Let’s Not Demonize Persons on the Autism Spectrum
In these days of mass media, we all wince whenever the dreaded words “Breaking News” flashes across our TV or computer screens because we know somewhere there has been a tragedy, accident, disaster, attack, or some other dreadful event. And when we hear the words “shooter” and “school,” parts of us, that we thought already numb, are once again shocked as we hear of new losses and new sorrows. I suggest that those of us who are parents of children with special needs, particularly those of children who are on the spectrum, may have additional reactions that cause us to brace inwardly. In addition to the pain we feel for the victims of these shootings, we tense as we wait to hear more information about the shooters. Fairly quickly we begin to hear neighbors describing the alleged shooters as loners, bullied oddballs, or quirky kids who never could make eye contact. By the time the news pundits begin their evening television rounds of opining, we begin to hear the speculation that this shooter had Asperger’s syndrome or that shooter had autism. And as parents, we fear for our own children on the spectrum, not because we believe they are potential school yard shooters, but because we are afraid others will fear our children, who will become even further stigmatized. This fear was validated this week in an op ed in The New York Times by Dr. Andrew Solomon titled, “The Myth of the #‘Autistic Shooter,’” who cogently argues that linking autism with murder is leading to scapegoating of some of the most vulnerable members of our society.
When Does an Assessment Test Become Obsolete?
The IDEA (Individuals with Disabilities Education Act) pretty carefully lays out the ground rules for a special education assessment. Among the various regulations related to administering a case study evaluation are that assessments “are used for the purposes for which the assessments or measures are valid and reliable; are administered by trained and knowledgeable personnel; and are administered in accordance with any instructions provided by the producer of the assessments.” We bring this up because the fifth edition of the Wechsler Intelligence Scale for Children (WISC), one of the mainstays of cognitive testing for children, was released this past fall. So does the existence of a newer edition of such a standard battery render the previous edition of the WISC no longer valid? It’s a good question, because not even professional psychological organizations appear to agree on at what point a previous edition of an exam becomes obsolete. Moreover, as a practice point, we have won cases based on the fact the district knowingly or carelessly made decisions based on outmoded test instruments.
Jobs for Persons with ASDs
This post is the second in the series related to employment. Springtime graduations are exciting times in a family’s life. Whether the student is exiting high school or receiving a college degree, the family’s pride follows their loved ones as they venture out into young adulthood where they either begin post-secondary education programs or step into their careers. Yet it is still an anxious time for parents, even when their child is “typical” and appears to possess both the academic and social savvy to progress through young adulthood. How much more fraught with angst is it when parents know that their child is not ready even though the diploma has been awarded and dutifully framed in the family home. Parents know that the deck is stacked against their children with disabilities, even when they are higher functioning, such as those students with autism spectrum disorders (ASDs).
Why Companies Hire the Disabled
This post is the fourth and final in this series of posts related to employment for people with disabilities. Most of us are familiar with the grotesque inequities which confront persons with severe disabilities in sheltered workshops where due to federal waivers employers are allowed to pay sub-minimum wages of as little as 22 cents an hour. According to the National Disability Rights Network, more than 400,000 disabled workers are in sheltered workshops where they earn on average only $175.00 per month. These workers are segregated with other persons with disabilities and receive little to no training to enable them transition to more meaningful work. Many of these sheltered workshops are no more than daycare. However, different disability groups are tackling head on ways to change what some advocates deem outright exploitation of disabled workers in sheltered workshops.
Employment is also challenging for persons with moderate to mild disabilities who wish to engage in competitive employment. Whether because of outright discrimination or employer fear, persons with disabilities are often overlooked in the hiring process. But this situation may be slowly changing as different corporations are exploring ways to hire the disabled and creating win-win situations for everyone. What these corporations are discovering is that hiring the disabled makes sound business sense and is not merely an act of charity.
In 2007, Walgreens developed a goal to ensure that 30% of 800 employees at one of its high tech distribution centers would be employees with disabilities who would receive equal pay, equal jobs, and an inclusive work environment. The initiative was wildly successful and to its delight, Walgreens realized that this site operated 20% more efficiently than its other locations. As of 2012, Walgreens is now employing 1000 employees at its 17 distribution centers in the United States and Puerto Rico. One of its distribution centers now has 40% of employees with disabilities. Other major companies, such as Best Buy and Toys R Us, are likewise following this model to increase their hiring of disabled workers.
In the past few years, the Kessler Foundation has developed a “Transition to Work” grants program, which funds initiatives to develop programs that address the persistently high unemployment rates of the disabled, by providing grants to enable service providers and businesses to develop new ways to foster employment programs for the disabled. One such grant was made to the National Organization on Disability (NOD) in 2009. The NOD recognized that although well-meaning companies wanted to create a more diverse work force, they did not always speak the “same language” of the service providers for the disabled. “Success” was understood differently by potential employers and service providers. As a result, the NOD created the “Bridges to Business” program in 2009 to provide project management and oversight to help these two sectors work more collaboratively together to improve employment outcomes for the disabled. NOD worked closely with Lowe’s, which similarly to Walgreens was committed to creating a more diverse work force, was able to hire over 120 persons with disabilities and train 375 managers over an 18-month period.
The Federal government is ensuring that there are sound financial benefits to companies to hire employees with disabilities. For instance, employers must always maintain compliance with the anti-discrimination employment practices of the Americans with Disabilities Act, and the hiring of employees with disabilities obviously protects against such litigation, lowering a business’ legal costs. Employers can also benefit from the Work Opportunity Tax Credit, which is a federal tax credit program that can reduce an employer’s income tax liability by up to $2,400 per qualified new hire (individual from one of 9 targeted groups). Similarly, small business owners can apply for tax credits for expenses incurred creating eligible accesses for employees. Businesses of any size can deduct up to $15,000 per year for qualified expenses involved in the removal of architectural and transportation barriers to the disabled and elderly.
Employees with disabilities are loyal employees as demonstrated by their retention rate. The average turnover rate of employees with disabilities is 8% compared to 45% in the general population, thereby reducing the costs of hiring and training new employees. And the additional time spent training disabled employees can benefit all employees. The whole idea of universal design for learning—the concept that all students can benefit from the specialized instruction afforded students with disabilities in educational settings—can translate to employment situations. All employees, not just the disabled, can benefit from the specialized training and education afforded workers with disabilities.
Finally and harder to quantify are the intangible benefits a business can generate by hiring the disabled such as seen at Walgreens. Not only are the people with disabilities loyal employees, but their friends and families can also be loyal customers. All of us who advocate for and love our family members with special needs will certainly choose to patronize a business that supports employment of the disabled? The good will generated by the presence of disabled workers is simply good public relations for any business.
Employment and the Disabled: Extent of the Problem
I am publishing a series of blogs on employment related to people with disabilities. This is the first of 4 posts. The Code of Federal Regulations states that the purpose of the Individuals with Disabilities Education Act of 2004 is to prepare students with disabilities for further education, employment, and independent living (CFR 300.1[a]). So what happens for students with disabilities once they either receive high school diplomas or complete their transition programs? Are they employed? Are they under-employed? What kind of incomes are they earning? We, and our children with disabilities or those students for whom we have advocated, have all worked too hard, exerted too much energy, and shed too many tears to have everything we’ve struggled for end when the school bus no longer picks up our children. We need to look at what we are preparing our loved ones for once they no longer receive special education services. With these thoughts in mind, we are exploring in different blogs what the employment outcomes are for persons with disabilities. Although some of the data is extremely discouraging, there are bright spots that we can all hope will translate to rewarding careers/work lives for our loved ones with special needs.
Abuse of the Developmentally Delayed
A sad story came out of California in 2012 regarding developmentally delayed adults living in residential centers. Over a four-year period, 36 patients at California’s “board-and-care centers” for the developmentally disabled had claimed they had been raped by caretakers. And yet, their reports were ignored by the Office of Protective Services–the state police force tasked with protecting residents of group homes–and were never referred to the local police for investigation. Officers failed to order even a single rape examination, which is critical for successful prosecution of alleged offenders. At least one alleged offender was accused of later raping yet another patient. Additionally, hundreds of cases of abuse and unexplained injuries among the state’s 1500 patients who live at the five developmental centers have been reported, but few arrests have been made. This report highlighted a particularly ugly truth: individuals with disabilities, both children and adults, are at a far greater risk of physical or sexual abuse and neglect than are non-disabled persons.
Miranda Rights and Your Child
Although I am a special education attorney and not a criminal defense attorney, occasionally I receive phone calls from parents who are angry and concerned because their child has been questioned or searched by school officials for disciplinary infractions or worse. Occasionally these incidents involve school resource officers or police, particularly when drugs or alcohol are involved. Fundamentally, these parents want to know: were my child’s legal rights violated? Can my child be questioned by the school or police without my knowledge or consent? Can my child or his or her possessions be searched? This issue comes up a lot and all too often with serious consequences for the student. Schools play on their authority and make false promises to induce "confessions" even from student with language-based disabilities. Criminalization of school students especially those with special needs is large issue that has not been effectively addressed.
The Debate on Reauthorizing NCLB
With a Republican controlled Senate and a Republican controlled House, it appears likely that the Elementary and Secondary Education Act (ESEA), first enacted in 1965 and re-authorized as the No Child Left Behind Act (NCLB) in 2001, may finally again be re-authorized. Sen. Lamar Alexander, chairman of the Senate Health, Education, Labor and Pensions Committee (HELP) and Representative John Kline of the House Education and the Workforce Committee have both released new versions of the bill for consideration in this Congress. But because these bills appear to be watering down many of the accountability provisions of NCLB and lowering expectations for students, civil rights groups and advocacy groups are very concerned about the effect of these bills on disadvantaged students or those with special needs.
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