DENVER -- Students with disabilities in Douglas County won some time after a federal judge ruled last week a new county health department order making mask-wearing optional in school would put students at risk of irreparable harm.
With a new conservative-leaning school board set to take over at the end of the month, the reprieve could be short-lived.
David Monroe, director of legal services for Disability Law Colorado, said if the new board decides to embrace the county's health order, students and families would be back at square one.
"What's at stake here is the right for -- especially students with disabilities -- to have a right to get the same public education every other child does," Monroe outlined. "But to get that education in an atmosphere which is safe to them, that does not compromise or jeopardize their health."
Families of students with disabilities and the Douglas County School District took the county's new health department to court, arguing making masks optional was a violation of the 1990 Americans with Disabilities Act.
Last week, a U.S. district judge ordered the health department to stop enforcement of the order for 14 days. County health officials disagreed with the judge's decision, and claimed the order strikes the right balance between public health and parental choice.
Children with disabilities frequently face serious health challenges, and Monroe pointed out many parents pulled their kids out of school during COVID surges, uncertain if mask mandates were being followed.
When kids aren't in school, Monroe argued they are losing out on their right to an appropriate public education.
"They are children who have had health issues that may leave them immunosuppressed or immunocompromised," Monroe explained. "They can be at a much higher risk of having a very serious health outcome if they get COVID."
The Douglas County School District's president welcomed the court's temporary restraining order, and said in a statement no one should have to choose between sending their children to school and putting their health at risk.
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Two bills making their way through the Colorado General Assembly would make it easier for people with disabilities to access college and other public institutions of higher learning.
House Bill 1107 would fund proven strategies for making college more universally accessible. Christiano Sosa, executive director of Arc of Colorado, said people with intellectual and developmental disabilities should be able to have the same experiences in college as everyone else.
"Participate in the rights of passage that many folks are afforded through the college experience," said Sosa, "living in the dorms, living on campus - and having the supports needed to do that effectively."
HB 1255 would create an advisory committee to outline ways to improve outcomes for students with disabilities attending state institutions. The measure cleared both chambers and awaits a signature by Gov. Jared Polis.
HB 1107 is still under consideration by the Appropriations Committee.
Sosa said the two measures combined would give Coloradans with disabilities real opportunities to escape poverty. It's estimated that 85% of individuals with intellectual disabilities are not working, or are under-employed, despite their willingness and ability to contribute to the workforce.
"And higher-ed historically has been that stepping stone to get the good jobs, so that folks do not need to live in poverty," said Sosa. "And that's why we're excited about this bill."
Sosa said when students with disabilities can access college, they go on to earn degrees and certificates in health care, advocacy, brewing studies and more.
Sosa said creating a more inclusive campus experience can also help more people reconsider the contributions the disability community is capable of making.
"And the more people we have in institutions of higher education," said Sosa, "I think we begin to break down some of these stigmas, and some of these stereotypes."
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Missouri is launching an apprenticeship program to expand talent pipelines for Direct Support Professionals, who work with people with developmental disabilities.
The Show-Me State, like many others, is facing a serious direct-care workforce shortage. To answer the need, the program Missouri Talent Pathways was recently approved by the U.S. Department of Labor.
Duane Shumate, state coordinator of employment and community engagement in the developmental disabilities division of the Missouri Department of Mental Health, said it blends on-the-job mentoring with technical instruction, with participants eventually becoming Certified Direct Support Professionals.
"It tremendously impacts families and the individuals with a disability, that the families are having to take a lot of time off of work to provide care, because there's not an adequate workforce," Shumate explained. "It just creates a lot of risk and concern by having such a high turnover in this field currently."
In addition to reducing the impact of high turnover rates, Shumate pointed out another goal is to make sure apprentices are well-trained in national best practices to support people with developmental disabilities in achieving their own personal goals and outcomes.
Jessica Bax, director of the division, said Missouri is approaching the workforce shortage from multiple angles. She noted Gov. Mike Parson supports increasing the reimbursement rates for direct-care providers, along with the apprenticeships and other talent-pipeline programs.
"One of the major benefits of having an apprenticeship program as a talent pipeline is the proven benefits of the tenure," Bax emphasized. "Individuals tend to stay in the employment, and one of the biggest impacts on the success of the individuals that we serve is consistency."
Data from the Department of Labor shows three years after completing an apprenticeship, folks are often still employed at a nearly 90% retention rate.
Bax added the program is the first of its kind, and other states are looking to Missouri to replicate the model.
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As Developmental Disabilities Awareness Month comes to a close, advocates say the work to secure equal rights and independence for people with disabilities continues.
The Missouri Developmental Disabilities Council (MODDC) is among those working to spotlight the issues that matter most to the communities they serve.
Animesh Shah, chair of the Council, said it is important for everyone to be aware of the challenges people with developmental disabilities face, from issues around independence and guardianship and workforce training to criminal justice and first-responder disability awareness.
"The idea of accessing a variety of services that others take for granted. For example, government services or accessing a restaurant or accessing a website," Shah outlined. "There are also a variety of issues in the education system and in the criminal-justice system that we hope that with the advocacy we'll be able to do much better than what we are able to do today."
One in three Missourians has a disability. Shah pointed out many resources are available in Missouri and across the country to help people thrive if they know how to access them.
Shah entered disability advocacy after his daughter was diagnosed with Rett Syndrome. He struggled at first to navigate disability-support networks, but noted groups such as MODDC are there to help individuals and their families or caregivers access resources.
"My goal is that eventually we reach to a level where every individual is self-aware of their capabilities, their rights," Shah remarked. "And people around that individual are working to uplift people with disabilities and not just create roadblocks."
Shah added MODDC also is working to support a training program for individuals with developmental disabilities to become self-advocates. Developmental Disabilities Month was started in 1987 and has been recognized as a time to support individuals with disabilities ever since.
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