Disability Rights

  • Summary:  We must defend the rights of Americans with disabilities, and expand them to include greater agency in their own lives, better education options, and improved access to the political process. 

  • Ratify the U.N. Convention on the Rights of Persons with Disabilities

  • Mandate all polling places to be accessible to persons with disabilities

  • Mandate all public transit to be  accessible

  • #DemolishDisabled Poverty by passing the Supplemental Security Income Restoration Act

  • Create employment opportunities for person with disabilities by passing the ELEVATE Act 

  • We must add amendments to and increase funding for IDEA to ensure that all children with disabilities have access to free appropriate public education to meet their unique needs and prepare them for further education, employment and independent living.

57 million Americans live with a disability, yet they continue to struggle for adequate rights and funding to ensure accessibility in all aspects of life. Our laws surrounding disability are troublingly outdated and must be brought into the 21st century. Millions of Americans are denied access to the care they deserve and the services they need, while landmark disability rights laws are being attacked and rolled back.

The Americans with Disabilities Act (ADA) was passed over a quarter of a century ago, yet Americans with disabilities still face many barriers to living a life that is fully integrated with the rest of the population. Our laws must be updated and strengthened to ensure that individuals with disabilities have the same access to every part of life as their fellow Americans and that their civil rights are fully protected. These policy protections must be mandated at the federal level, so Americans with disabilities have their rights protected no matter where they reside.

The ADA was a significant legislative achievement and has been one of America’s most successful policy exports, with more than 30 countries adopting legislation modeled on the ADA. There is still much work to do, however, and, to continue leading on this issue internationally, we should take decisive action such as ratifying the U.N. Convention on the Rights of Persons with Disabilities.

The right of disabled people to participate in the political process must be fiercely defended. Due to the nationwide movement towards paper ballots in light of security concerns and inadequately maintained accessible voting machines, Americans with certain disabilities end up being treated as second-class citizens when they go to vote. A survey on Election Day in 2016 revealed that two-thirds of polling stations presented at least one impediment to voters with disabilities. Too often, individuals with disabilities show up to their polling places only to find they are unable to even enter the building due to inadequate accommodations.

This is utterly unacceptable. All polling places must be ADA compliant, physically accessible, and have usable, accessible voting technology. Over the last decade, Colorado has become a model for the rest of the nation in terms of making sure every American can vote. Through county-by-county audits of the accessibility of polling places, the state has enforced standards that directly allowed for a 69% voter participation rate among Coloradans with disabilities on Election Day in 2016 compared to 56% participation nationwide.

The ADA was intended to ensure that people with disabilities are protected from discrimination and enjoy the same rights and opportunities as everyone else, this includes a guarantee of accommodations for people with disabilities. New York City has significantly lagged behind when it comes to turning its transit, streets, and sidewalks into accessible spaces. It is estimated that less than 20 percent of NYC’s subway stations have elevators that allow people with ambulatory disabilities to access trains. Even if a person with an ambulatory disability is able to access the subway tracks, gaps between the platform and subway cars still make it absurdly difficult to board/deboard the subway. Additionally, curb cuts are few and far between in many areas of the city, making it hard for some New Yorkers to run day-to-day errands like getting to work or picking up groceries. Other cities, such as DC and Chicago have more accessible transportation systems. We must look to them, learn from their mistakes, and improve the accessibility of New York as soon as possible. With federal infrastructure money going out to cities, our city must invest that money to make our city truly accessible for all. 

Following a pandemic that has hit disabled and older Americans harder than nearly anyone, it is more critical than ever that we reform and update the Social Security Income (SSI) eligibility rules that trap millions of people with disabilities and seniors in deep and enduring poverty. Seniors and disabled Americans should never have to live in poverty, and it is disgraceful that the SSI program has been pushed aside and ignored by policy makers for decades. At minimum, we must make long-overdue improvements to SSI benefits like increasing monthly benefits to the federal poverty level and updating outdated income and asset limits for inflation. Congress must pass the Supplemental Security Income Restoration Act to achieve these goals.

We must also create pathways to employment for people with disabilities by passing the ELEVATE Act. Due to increased foreign trade and major technology breakthroughs, our current labor market is constantly in flux. This means that workers could suddenly find their skill set is no longer needed in new labor markets. We must protect workers, especially disabled workers who are particularly vulnerable, from losing their employment due to labor market changes. The ELEVATE Act uses decades of research to cultivate a robust and strong labor market for everyone regardless of age or ableness. The ELEVATE Act adds a new title to the Social Security Act (Title XIII, “Reemployment and Other Job-Related Assistance and Benefits”) to create a dedicated federal funding stream for states to provide eligible individuals with employment, training, and supportive services. Eligible individuals include: the long-term unemployed; current and former recipients of public assistance programs like SNAP and TANF; those who are eligible for public assistance but not enrolled; noncustodial parents under a child support order; adults who were in foster care; and the formerly incarcerated. Passing the ELEVATE Act will increase the autonomy and resiliency of vulnerable groups, such as those who have a disability. No one should lose their autonomy and source of  income because of labor market changes. 

We must increase funding for programs that increase the agency of people living with disability.  For example, the Individuals with Disabilities Education Act (IDEA) which helps ensure that all children with disabilities receive free appropriate public education to meet their unique needs and prepare them for further education, employment and independent living. 

Learning disabilities such as ADHD and dyslexia affect one in five Americans, and we need stronger laws to protect their ability to pursue a high-quality education. Unfortunately, nearly three decades after the passage of the landmark Individuals with Disabilities Education Act (IDEA), more than 18 percent of students with learning disabilities drop out, compared to just 6.5 percent of their peers. Local schools must accommodate students regardless of differences in ability to ensure that young students can thrive with their peer groups.

We must add amendments to IDEA, such as a new focus on the principles of the Universal Design for Learning (UDL) and services for students under the Carl D. Perkins Career and Technical Education Act. The UDL is a framework intended to optimize teaching based on the latest research in the learning sciences, such as cognitive neuroscience, while the Carl D. Perkins Act aims to improve the quality of technical education offered in America’s schools. Incorporated into a reauthorized IDEA, these measures will serve as the foundation of independent living, economic self-sufficiency, and equal opportunity.

With strong legislative action, we can defend the rights of Americans with disabilities, and expand them to include greater agency in their own lives, better education options, and improved access to the political process. 57 million Americans are counting on our government to treat them with the dignity, respect, and inclusiveness that they deserve.