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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As siblings in foster care, the fear of being separated is daunting. But thanks to a loving family in Jacksonville, Fla., for two brothers in Ohio, that bond remains unbroken.
Despite Dalton's cerebral palsy and numerous medical challenges, brother Dawson became his devoted caregiver. The two were adopted by Robbin and Steven Brydges through the nonprofit "Wendy's Wonderful Kids," and they've become a beacon for disability awareness.
Now, at 15, Dawson said he's grateful for his parents' support in keeping them together through it all, as he continues to care for his brother.
"He is the most amazing brother a man could ask for," he said. "He has an incredible smile that will just brighten your day instantly. And I'm just blessed to have him in my life, that's all I can say. I'm just blessed."
March is National Disability Awareness Month, and Dawson encouraged anyone considering the adoption process to consider all kids - especially those with challenges who are often overlooked, along with older kids - when it comes to finding their forever home.
Rita Soronen, president and CEO of the Dave Thomas Foundation for Adoption, said children with disabilities or special needs - regardless of race, age, or background - often face prolonged stays in foster care or institutional settings. She underscored the need to establish a support network for families considering adoption, and said the Wendy's Wonderful Kids Program was created to assist families in navigating this journey, no matter a child's unique needs.
"Making those connections of access to networks - access to medical or psychological resources that they will need before that adoption is finalized - is critical," she said, "so that families feel that they will be supported, that they will have access, and that they can successfully raise a child in their home."
According to the Dave Thomas Foundation, its Wendy's Wonderful Kids Program is responsible for more than 14,000 successful adoptions across the United States and Canada.
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Iowa lawmakers are being asked to make changes to the income laws for people with disabilities.
Disabilities advocates are hold an event at the Statehouse tomorrow in support of House File 2589.
Also known as the "Work Without Worry" bill, it would raise the income limit and eliminate the asset ceiling for people with disabilities - allowing them to remain eligible for federal benefits.
Thirty-four-year-old Ben Grauer is quadriplegic and works at the University of Iowa. He said the measure would open the door to more employment for the 12,000 Iowans with disabilities who rely on Medicaid benefits.
"Yeah, it's hugely important," said Grauer. "Iowans with disabilities, myself included, want to work and are capable of working and contributing to society, and growing Iowa's economic base and contributing to the tax base."
Grauer said the current $51,000 income limit for a family discourages work for people with disabilities, who want jobs but need to retain their benefits as well.
Disabilities advocates are holding an all day event at the Capitol tomorrow, encouraging people who back the measure to talk to legislators and show their support.
HF 2589 would decouple the family and individual income limits, meaning an individual's income could be counted separately and not factor into the family total.
It would also remove the current $13,000 asset limit for a family to qualify for benefits.
Grauer said that would allow families to make better financial plans.
"That's certainly not very high," said Grauer. "And if we're thinking about wanting to save for your future or save for a vehicle or save for a house - which requires a large downpayment - a couple certainly can't make that downpayment based on an allowable asset limit of $13,000."
The bill would increase the allowable individual asset limit and boost the family limit to 450% of the Federal Poverty Level. HF 2589 awaits action in the Appropriations Committee.
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New York disability rights advocates are working to break barriers in numerous legislative areas, including those in transportation, housing, and employment. Another area of focus is voting and accessible polling places. A Brennan Center for Justice report finds almost all of New York's polling places aren't disability accessible - leaving them unable to accommodate a quarter of the state's population.
Sharon McLennon-Wier, executive director with the Center for Independence of the Disabled New York, said this can be improved.
"We're looking at accessible ballots, especially electronic ballots
for those who are blind, visually impaired, learning disabled. If they're able to submit an accessible ballot through absentee ballots that would be helpful because maybe they're unable to get someone to get them to the polls," she said.
She added the State Election Board should also train poll workers on using ballot marking devices. The Brennan Center's report finds in 42% of polling places surveyed, ballot marking devices weren't set up to ensure a disabled voter's privacy. Bills about training poll workers and enabling electronic absentee ballots are pending in the Assembly's Elections Committee.
In education, McLennon-Wier said proper sexual education for people with disabilities is important. Certain disabilities might require a person to have help with daily life, but she noted this can leave a person in more vulnerable situations. Providing this kind of education could help reduce the amount of sexual assault people with disabilities face.
"So, we want people with disabilities to be taught about their bodies, taught about inappropriate touching, taught about how to get good reproductive healthcare, how to understand hygiene, good health, regarding the reproductive process," she continued.
The U.S. Bureau of Justice Statistics finds sexual assaults of disabled people rose 27% between 2017 and 2019. Moreover, a 2023 survey notes 48% of women with disabilities have experienced sexual assault or harassment in the workplace.
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