Eruption Athletics – An Innovative Approach to Making Fitness Fun

Eruption AthleticsThe Arc recently paired up with the dynamic duo of Chris Engler and Joe Jelinski, the co-owners of Eruption Athletics, to present at the National Down Syndrome Congress Conference. Together, The Arc and EA, presented 3 health and fitness sessions – 1 to the general conference and 2 interactive fitness sessions with their Youth and Adult conference for self-advocates.

Eruption Athletics (EA) was created in 2009 to help prepare individuals competing in Special Olympics’ games. Since then the organization has evolved into an adapted fitness facility designed specifically for individuals with disabilities to come to work out and learn more about health and fitness. Located just outside Pittsburgh Pennsylvania, EA first partnered with The Arc’s Achieva Chapter to help do fitness sessions at their free health assessment events as part of the HealthMeet project.

Joe and Chris help empower their clients with the knowledge of how to be physically active to build strength and endurance while preventing injuries. They provide personal one-on-one or group training sessions. Their program instills in their clients an attitude that there is nothing they can’t do because of their disability and shows them that exercises just need to be modified or adjusted to fit each individual’s specific needs. Spend two minutes in a room with Joe and Chris and you’ll know why they have a dedicated following of clients that continue to come back. Their bright colored clothing matches their high energy vibe and excitement that they bring to each training session.

Individuals that come to their classes are not only becoming more physically active they are also developing socially and cognitively. The group sessions with peers masks working out by providing a fun, social, and supportive environment that makes individuals actually look forward to exercising! It gives them a place to go each week to see old friends, meet new ones, and be part of a group that encourages each person to fulfill their own potential without comparison to others in the program. Their innovative approach to physical activity is helping to improve their clients physically and mentally by not only building muscle, but also self-confidence through proven results.

EA has recently released their new patented Eruption Athletics “Volcano PADD”. The PADD along with the accompanying instruction manuals that vary from beginner to advanced makes exercising easier, fun, and more accessible for individuals with disabilities. To learn more about EA’s Volcano PADD, contact Eruption Athletics.

This isn’t the last you’ll be seeing of Eruption Athletics though. They will be joining us in October down in New Orleans for The Arc’s National Convention. Joe and Chris will be combining forces with the HealthMeet project again to provide morning fitness sessions – so make sure to find out what all the hype is about and join us in New Orleans for our energizing sessions to get your day started right (and make some new friends in the process!).

Social Security Trustees Release 2014 Report

The Social Security Trustees have released their annual report on the current and projected financial status of the Social Security trust funds. Similar to 2013, the 2014 findings show that Social Security is fully solvent until 2033, but faces a moderate long-term shortfall. In 2013, Social Security took in roughly $32 billion more than it paid out. Its reserves were $2.76 trillion in 2013, and are projected to grow to $2.9 trillion at the beginning of 2020. If Congress does not act before 2033, the reserves would be drawn down, and revenue coming into the Trust Funds would cover about 77 percent of scheduled benefits. The 2014 Trustees Report also continues to project that the Disability Insurance (DI) trust fund by itself can pay all scheduled benefits until 2016. If Congress takes no action before 2016, the Trustees project that the DI trust fund will be able to pay about 81 percent of scheduled benefits.

As noted by the Center on Budget and Policy Priorities (CBPP) and the National Academy of Social Insurance, the long-term growth in DI has been predicted since the mid-1990s and is largely due to demographic factors. The U.S. population and the number of workers insured for DI (particularly, women) have grown over the last several decades, and the baby boomers are now in their high disability years.

Traditionally, Congress has reallocated payroll tax revenues between the OASI and DI trust funds to address projected shortfalls. According to the Social Security Chief Actuary as summarized by the CBPP, a modest reallocation of the total OASDI payroll tax, enacted prior to 2016, would allow both programs to pay full scheduled benefits through 2033 — their current combined depletion date. After that, modest increases in revenue can ensure the long-term solvency of the Social Security system for generations to come.

The Arc strongly supports these types of adjustments to ensure the short- and long-term solvency of the trust funds, so that Social Security can remain a lifeline for people with disabilities and their families for generations.

The Arc Calls on the Federal Government to Hire More People with Intellectual and Developmental Disabilities

Washington, DC – Yesterday, The Arc submitted comments to the U.S. Equal Employment Opportunity Commission (EEOC) calling on the federal government to become a model employer of people with disabilities, including individuals with intellectual and developmental disabilities (I/DD).

“While the last few years have seen some modest increases in the numbers of people with disabilities employed by the federal government, The Arc remains deeply concerned that many people with the most significant disabilities, including jobseekers with intellectual and developmental disabilities, are being left behind,” said Peter V. Berns, Chief Executive Officer of The Arc.

Data obtained by The Arc from the Office of Personnel Management (OPM) reveal that in fiscal year 2012, the federal government employed only 813 non-seasonal, full time permanent employees with intellectual disability (ID), representing 0.044% of all federal employees.   Only 28 people, or 3/100ths of one-percent of total new hires, were people with ID.  That same year, the federal government employed only 118 part-time employees with ID.  Only 17 people with ID were hired as part-time employees, about 9/100ths of one-percent of new hires.

“While we are pleased that the EEOC is moving forward with strengthening federal regulations, the shockingly low rate of federal employment of people with intellectual disability is unacceptable. The Arc calls on the federal government to act immediately to remove barriers to employment for people with disabilities in the federal workforce, establish strong goals for hiring of people with disabilities, including people with intellectual and developmental disabilities, and hold agencies accountable for meeting those goals.

“There is no need for OPM to wait for the EEOC to complete the rulemaking process before it takes action to address this problem.  OPM already has authority under existing law and under Executive Order 13548 to take action now,” Berns said.

Issued by President Obama on July 26, 2010, E.O. 13548, titled “Increasing Federal Employment of Individuals with Disabilities,” calls on the Federal Government to hire 100,000 people with disabilities over five years.

“As a first step, OPM should direct federal agencies to update and revise the “agency-specific plans for promoting employment opportunities for individuals with disabilities” required under the Executive Order so that they specifically address employment of people with intellectual and developmental disabilities. There are other steps that can be taken today.   The Federal Communications Commission has already embarked on an initiative to hire people with intellectual and developmental disabilities in that agency.  Other agencies should get started too.

“Across the United States, The Arc has nearly 700 state and local chapters in 49 states and DC that stand ready to assist the federal government in identifying people with intellectual and developmental disabilities who are ready to work and whose abilities will be an asset to federal agencies. The federal government can and should be a model employer of people with disabilities. The Arc will continue to closely monitor annual reports on the federal employment of people with disabilities to ensure progress and accountability,” said Berns.

The U.S. Bureau of Labor Statistics regularly reports that the percentage of working-age people with disabilities in the labor force is about one-third that of persons with no disability. On average, workers with disabilities face significant gaps in pay and compensation, compared to workers with no disability. Additionally, about one in three employment discrimination charges filed with the EEOC allege discrimination on the basis of disability (often, in combination with charges of other types of discrimination).

The Arc’s own research suggests that the employment picture for people with I/DD may be even bleaker. In 2010, The Arc conducted a national online survey, called the FINDS Survey, to obtain perceptions of people with I/DD and their families on a range of life-span issues. Over 5,000 people participated. Only 15% of FINDS survey respondents reported that their family member with an intellectual and/or developmental disability was employed.

Employment – Congress Reauthorizes Vital Workforce Programs

This summer has seen Congressional action on several critical issues for people with intellectual and developmental disabilities (I/DD). One long-awaited – and a top legislative priority for The Arc – was last week’s House passage of legislation to reauthorize vital workforce programs, including Vocational Rehabilitation (VR) services under the Rehabilitation Act. The Arc applauds the bipartisan, bicameral leadership that led to this important reauthorization and the Members of Congress who voted in favor of the legislation.

On July 9th, the House of Representatives passed the Workforce Innovation Opportunity Act (WIOA) by a vote of 415 to 6, with 11 abstaining. The House vote followed Senate passage in late June by a vote of 95-3. WIOA now goes to President Obama who is expected to sign the bill soon.

WIOA reauthorizes the Workforce Investment Act for 6 years, from FY 2015 to FY 2020. The bill is a bipartisan, bicameral compromise between the SKILLS Act (H.R. 803), which passed the House in March of 2013, and the Workforce Investment Act of 2013 (S. 1356), which passed the Senate Health, Education, Labor, and Pensions (HELP) Committee in July of 2013. The proposal was develop by Senator Tom Harkin (D-IA), Representative John Kline (R-MN), Senator Lamar Alexander (R-TN), Representative George Miller (D-CA), Senator Patty Murray (D-WA), Representative Virginia Foxx (R-NC), Senator Johnny Isakson (R-GA), and Representative Rubén Hinojosa (D-TX).

In general WIOA focuses VR outcomes on competitive, integrated employment and promotes greater emphasis on transition services for youth with disabilities. WIOA also provides increased emphasis on coordination between VR and other agencies including school systems; extends the initial time period for VR supported employment services (from 18 to 24 months); and modifies eligibility determination to promote access to VR by people with the most significant disabilities.

The provisions in WIOA related to VR services and the Rehabilitation Act are generally similar to proposals put forward by the Senate HELP Committee over the last several years, with some modifications and refinements that represent elements from the SKILLS Act. For example:

  • In one version of its discussion drafts, the Senate HELP Committee proposed moving the federal Rehabilitation Services Administration (RSA) from the Department of Education to the Department of Labor. In contrast, under WIOA, RSA will stay at the Department of Education.
  • In an early version, the SKILLS Act had proposed consolidating many core workforce programs – including VR Supported Employment Services – into a single block-grant type structure, and giving states the option to further consolidate all VR services into that single state structure. The Arc strongly opposed this proposal. In contrast, WIOA does not include this sweeping consolidation; it permits some limited consolidations, but not of VR or Supported Employment Services.

Many details of how WIOA will operate in states will need to be worked out in new regulations and policies developed after passage of the bill. It is likely that the Departments of Labor and Education will work closely with other agencies, including the Centers for Medicare & Medicaid Services and the Department of Justice, in developing regulatory and policy guidance.

Congress last reauthorized the Workforce Investment Act in 1998. Over the last few years, reauthorization of these workforce programs, including VR services under the Rehabilitation Act, has been a top priority for The Arc. The Arc advocated for many improvements now incorporated under WIOA, consistent with our past and current position statements on Employment, and joined with other national disability groups to express strong support following the announcement of the WIOA compromise this past May.

A one-page summary of WIOA can be found here.

The statement of managers, including a section-by-section summary of the legislation, can be found here.

A summary of key improvements WIOA makes to current workforce development programs can be found here.

 

The Arc Applauds Passage of the Workforce Innovation and Opportunity Act

The Arc released the following statement applauding the passage of the Workforce Innovation and Opportunity Act (WIOA).  WIOA is a bipartisan, bicameral compromise between the SKILLS Act (H.R. 803), which passed the House of Representatives in March of 2013, and the Workforce Investment Act of 2013 (S. 1356), which passed the Senate Health, Education, Labor, and Pensions (HELP) Committee in July of 2013. The proposal was developed by Senator Tom Harkin (D-IA), Representative John Kline (R-MN), Senator Lamar Alexander (R-TN), Representative George Miller (D-CA), Senator Patty Murray (D-WA), Representative Virginia Foxx (R-NC), Senator Johnny Isakson (R-GA), and Representative Rubén Hinojosa (D-TX).

“Everyone should have the opportunity to earn a competitive salary while contributing to their community, which is why we are thrilled with the passage of the Workforce Innovation and Opportunity Act. The Arc applauds the bill’s focus on integrated, competitive employment for individuals with disabilities, and on essential transition services for youth with disabilities who need them to attain and hold a job. We are grateful to the Members of Congress who developed and supported this important legislation and stood up for individuals with disabilities who want to work, but need additional supports to reach their career goals,” said, Peter Berns, CEO of The Arc.

The Arc joined with other national disability groups to express strong support for WIOA.  Congress last reauthorized the workforce investment programs under WIOA in 1998. Over the last few years, reauthorization of the Workforce Investment Act, including the vocational rehabilitation (VR) services under the Rehabilitation Act, has been a top priority for The Arc’s public policy agenda. The Arc advocated for many improvements to the system now incorporated under WIOA, consistent with its past and current position statements on Employment.

In general WIOA focuses vocational rehabilitation (VR) outcomes on competitive, integrated employment and promotes greater emphasis on transition services for youth with disabilities. WIOA also provides increased emphasis on coordination between VR and other agencies including school systems, extends the initial time period for VR supported employment services (from 18 to 24 months), and modifies eligibility determination to promote access to VR by people with the most significant disabilities.

Chapters of The Arc Selected for National Center on Criminal Justice and Disability’s “Pathways to Justice” Training Program

We are pleased to announce that five chapters of The Arc were selected to pilot implementation of The Arc’s National Center on Criminal Justice and Disability’s (NCCJD) “Pathways to Justice” Training Program. Through this program, chapters will help build the capacity of the criminal justice system to effectively identify, serve and protect people with intellectual and developmental disabilities (I/DD), many of whom have “mild” disabilities that often go unnoticed among criminal justice professionals without appropriate training.

Each chapter will create and/or strengthen their current multidisciplinary team on criminal justice and disability issues (what NCCJD is referring to as “Disability Response Teams”) and gather roughly 50 trainees from law enforcement, victim advocacy and the legal profession for a one-day training on criminal justice issues. The selected chapters are listed below:

“When individuals with I/DD become involved in the criminal justice system as suspects or victims, they often face miscommunication, fear, confusion and prejudice. The Arc’s National Center on Criminal Justice and Disability plays a critical role in improving first response and communication between people with I/DD and the justice system nationally.

“Through NCCJD’s “Pathways to Justice” training program we are tapping into the most powerful resource The Arc possesses – our chapter network. The five chapters selected either have longstanding criminal justice programs or a commitment to building their capacity in providing such training, both of which are invaluable to achieving NCCJD’s overall goals. We look forward to working closely with each chapter and learning from their work. Through this collaborative effort NCCJD will become a national focal point for the collection and dissemination of resources and serve as a bridge between the justice and disability communities,” said Peter Berns, CEO of The Arc.

Last year, The Arc was awarded a two-year grant for $400,000 by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) to develop the National Center on Criminal Justice and Disability.  This is the first national effort of its kind to bring together both victim and suspect/offender issues involving people with I/DD under one roof.  The goal of this project is to create a national clearinghouse for research, information, evaluation, training and technical assistance for justice and disability professionals and other advocates that will build their capacity to better identify and meet the needs of people with I/DD, whose disability often goes unrecognized, and who are overrepresented in the nation’s criminal justice system – both as victims and suspects/offenders

Easy Approaches to Safety and Injury Prevention

Safety firstFalls are a large cause of traumatic brain injuries and physical disabilities in the US and can happen to anyone at any age. We should strive to make sure that the environments we are working and residing in are safe for ourselves, as well as the ones we care for, and that we are taking the necessary precautions to prevent abuse of prescribed medicines, alcohol and daily mishaps.

One of the biggest safety issues is preventing falls. While some falls are inevitable and can’t be controlled we can do our best to ensure the area around us is as safe as possible to prevent the ones that we can. Some individuals with disabilities are already at a higher risk of falling due to mobility issues that can make getting around already a daily struggle for them. Small changes in your home, such as adding a railing on stairways or a handle bar in the bathroom/shower, can make a big difference. Most often these small things are simple to overlook daily, but very easy to correct. Another easy change is to make sure that there is plenty of area between furniture and tables so that individuals with walking aids will have plenty of room to pass by without hitting items around them. Remove area rugs or make sure that they are secured tightly to the floor with double sided tape or non-slip grips underneath.

Each room in your house should have proper lighting and light switches and lamps should be easy to get to when entering a room. Making sure the individual you care for receives regular check-ups to maintain their vision is also helpful, so that they can clearly see the environment around them. Blurry vision can cause dizziness or make them lightheaded which could contribute to losing their balance and tripping. Staying physically active will also help build bone density and muscle to make individuals stronger and increase coordination and balance, so that they are able to support themselves more and reduce injuries.

It is important to prevent the abuse of prescription drugs. Individuals with an intellectual disability may not intentionally misuse their drugs, but unknowingly forget to take their medicine, take too much of it, or not be aware and combine it with something else that could be potentially harmful. This is why it is necessary for individuals to learn and be aware of what medicines they are taking, potential side effects, and things to stay away from when on certain medications (such as alcohol, other prescription drugs, etc.). A pill container that has the days of the week on it is a great idea to use to distribute what pills are taken at what time of the day. They also serve as a good indicator of whether the medicine has been taken that day in case the individual forgets. This will reduce the risks associated with taking too much/too little of the prescribed medicine. Providing individuals with disabilities with this knowledge will help them understand the importance of each medication and the amounts that they take.

Future injuries and accidents can be prevented by ensuring that the environment around you is safe and the ones you care for are empowered with the knowledge of potentially harmful situations. In the case that something does happen make sure there are emergency numbers near all phones for 911, poison control and the fire department. Watch The Arc’s HealthMeet webinar to learn more about how to prevent and improve emergency care for when accidents do happen.

Health Matters – Low Physical Activity Levels For Individuals with Disabilities

HealthMeet, two people trainingCDC released their Vital Signs earlier this month that focused on physical activity and disability which revealed some alarming facts about the amount of activity that individuals with disabilities receive. The data showed that half of individuals with disabilities get no physical activity at all (compared to 1 in 4 for individuals without a disability). No physical activity leads to other health-related issues such as obesity, heart disease, stroke and diabetes – which individuals with disabilities are three times more likely to have. Changes need to be made to relay the importance of being physically active and alterations to existing programs need to occur so that individuals with disabilities have more options to physical activities that they enjoy.

The CDC states that there are more than 21 million Americans in the US that identify as having a disability. While the range of ability for these individuals varies significantly, a lot of these individuals are capable of being physically active on some level. It is recommended that individuals exercise two and a half hours a week, which breaks down to about 30 minutes of activity 5 days a week. However, any activity is better than none, so even if it’s just a 1o minute walk it still counts for something. If the individual hasn’t done any physical activity at all prior to this, 10 minutes may also be as long as they can go. Starting slowly and building up gradually over time is essential to help prevent injuries or discouraging individuals with an activity that is too difficult in the beginning.

The Arc’s HealthMeet project has taken steps to help improve the current situation by training caregivers and other direct service professionals in the HealthMatters program. HealthMatters is an evidence-based health and fitness curriculum developed by the University of Illinois at Chicago (UIC) that is tailored specifically for individuals with disabilities. It provides the structure and materials to implement a 12 week health and fitness program. Each session focuses on a healthy lesson for the day, such as making sure to drink water while exercising or the importance of stretching before/after exercising, etc., and then spends the other half of the time doing a fitness activity. Activities can be done inside or outside and require little equipment so it’s easy to implement and get started without the need for expensive machines and equipment.

Through HealthMeet, The Arc has certified 76 new trainers from 38 different Chapters of The Arc and other disability organizations across the US. HealthMatters has been implemented in a variety of different ways that suit each communities needs best, whether it’s in a day/residential program, combined with the HealthMeet project’s free health assessments, or brought into local schools special education programs. A few of The Arc’s Chapters have paired the lessons with field trips to local grocery stores to learn about eating healthy or to The Y to learn about using the different weight lifting machines and partake in water aerobics in their pool. These field trips not only were fun and educational for the participants it also got them out in their community and allowed employees that worked at the local establishments a chance to interact and learn more about our population, which they might have had little experience with beforehand.

In addition to getting these individuals up and moving on a weekly basis and helping them to learn more about making healthier choices, the HealthMatters program also improves social skills and helps build self-esteem. It gives participants a chance to interact and be part of a group. It also helps them find individuals that might have similar interests that they can be active with.

For more information about how to participate in one of The Arc’s sponsored HealthMatters: Train the Trainer sessions, contact Kerry Mauger at Mauger@thearc.org

PBATS and The Arc Join Forces to Promote Inclusion

Peter Berns with Gene Gieselmann, David Phelps, Neil Romano

Gene Gieselmann, Founding Member, PBATS/Head Athletic Trainer, St. Louis Cardinals (1969 – 1997); Peter V. Berns, Chief Executive Officer, The Arc; David Phelps, Pitcher, New York Yankees; Neil Romano, Former Assistant Secretary of Labor for Disability Employment Policy
Photo credit: New York Yankees. All rights reserved.

BRONX, NY (May 30, 2014) – The Professional Baseball Athletic Trainers Society (PBATS) and The Arc announced today at Yankee Stadium a partnership to promote the inclusion of people with disabilities in sporting activities nationwide.

In 2014, The Arc – a nonprofit organization that aims to promote and protect the human rights of people with intellectual and developmental disabilities – will contribute through the involvement of their local chapters and children with disabilities at PBATS’ PLAY (Promoting a Lifetime of Activity for Youth) Campaign events nationwide.

“We are thrilled about this partnership with The Arc,” PBATS President Mark O’Neal said. “This is a great platform to spread the message of inclusion and to afford children with disabilities the opportunity to participate in the PLAY Campaign and spend a day at their favorite Major League ballpark.”

Representing PBATS at Yankee Stadium Friday were founding members Gene Monahan (New York Yankees Head Athletic Trainer, 1973-2011) and Gene Gieselmann (St. Louis Cardinals Head Athletic Trainer, 1969-1997); Senior Advisor Neil Romano (former Assistant Secretary of Labor for Disability Employment Policy); and Head Athletic Trainers Steve Donohue (Yankees) and Dave Pruemer (Minnesota Twins).

Said Peter V. Berns, Chief Executive Officer of The Arc: “We are excited to be a part of the PLAY Campaign this year because we know these events will be a lot of fun for kids associated with our chapters, will teach them about the importance of health and wellness in their lives, and will raise awareness of The Arc and the population we serve in the baseball world.”

The PLAY Campaign – conducted at all 30 Major League Baseball stadiums each season – is a public awareness campaign of PBATS. The campaign is designed to help combat childhood obesity and promote a healthy and active lifestyle by promoting fun activities and good decision making. Originally developed in 2004, PLAY is now the longest running health campaign in professional sports directed specifically at young people.

The PLAY Campaign events are typically two hours in length and include stations hosted by experts from across the United States. This year, for the first time, children with intellectual and developmental disabilities from chapters of The Arc will participate alongside children without disabilities at these events.

The campaign event stations include the Henry Schein Cares Foundation’s presentation on oral hygiene, the Taylor Hooton Foundation’s presentation on appearance and performance enhancing drug education, baseball specific activity stations with Major League Baseball athletic trainers, an educational session with regard to nutrition tips and a question and answer session with a Major League player from the hosting team.

PBATS members will host the PLAY Campaign events in all 30 Major League Stadiums in 2014 where they will educate over 2,000 young people and their parents.

The Arc Responds to U.S. Supreme Court Decision in Hall v. Florida

The Arc released the following statement following news that the U.S. Supreme Court ruled in favor of Freddie Lee Hall in the case Hall v. Florida, a death penalty case concerning the definition of intellectual disability (ID) that Florida uses in deciding whether an individual with that disability is protected by the Court’s decision in Atkins v. Virginia. In 2002, the Supreme Court ruled in the Atkins v. Virginia case that executing inmates with ID is unconstitutional as it violates the Eighth Amendment ban on cruel and unusual punishment.

The Supreme Court ruled 5-4 in favor of Hall. The justices stated that Florida cannot rely solely on an IQ score to determine whether an inmate has ID.  Justice Anthony Kennedy stated that IQ tests have a margin of error and those inmates whose scores fall within the margin must be allowed to present other evidence. Additionally, Justice Kennedy modified the 2002 Atkins decision by adopting the term “intellectually disabled” and abandoning “mentally retarded,” which has previously been used by the court in its opinions.

“Today the Supreme Court reaffirmed its commitment to ensuring justice for individuals with intellectual disability. The clarification of the landmark ruling in Atkins v. Virginia will serve as a tool to ensure justice for individuals with intellectual disability who face the death penalty  in states across the country.  Disability advocates and legal experts across the country will look back to this decision for years to come.

“The Arc is committed to fighting for the rights of people with intellectual and developmental disabilities, and we will continue our legal advocacy work to make sure that the Supreme Court ruling on this issue is followed in jurisdictions across the country,” said Peter Berns, CEO of The Arc.

The Hall case centered on whether the state may establish a hardline ceiling on IQ, refusing to consider whether anyone with an obtained IQ above that level may actually have ID, despite the fact that use of such a ceiling undermines the purpose of IQ testing and the professional judgment of the diagnostician, among other things.  In Hall, the Court was asked to address Florida’s decision to draw the line at an IQ of 70.  Based on the professional expertise of two leading professional organizations in the field, the American Association on Intellectual and Developmental Disabilities (AAIDD) and the American Psychiatric Association (APA), it is universally accepted that IQ test scores must be interpreted by taking into account the standard error of measurement that is inherent in IQ tests. That means that any IQ test score is best understood as a range, rather than a single score:  a score of 70, for example, is best understood as indicating that the person’s “true” IQ score is most likely between 65 and 75.

In addition to IQ testing, numerous expert evaluations documented Freddie Lee Hall’s disability.  Before the Supreme Court’s decision in Atkins, a Florida trial court found that Hall had ID “all of his life”.  His family recognized his disability in early childhood and teachers repeatedly noted his intellectual disability.

The Arc has participated in a number of cases on this issue before the Supreme Court including Atkins v. Virginia.  The Arc’s amicus (friend-of-the-court) brief was cited by the Justices in support of its ruling that the Constitution protects all defendants with ID. On December 23, 2013, The Arc submitted an amicus brief for the Hall v. Florida case.

Through a two-year grant for $400,000 from the U.S. Department of Justice, Bureau of Justice Assistance (BJA), The Arc established the National Center on Criminal Justice and Disability (NCCJD) which is addressing, among other critical issues, people with ID on death row and the importance of using an accurate definition for ID within courtrooms across America. NCCJD is creating a national clearinghouse for research, information, evaluation, training and technical assistance for justice and disability professionals and other advocates that will build their capacity to better identify and meet the needs of people with intellectual and developmental disabilities (I/DD), whose disability often goes unrecognized. Providing accurate, effective and consistent training for criminal justice professionals is critical to ensuring the safety of people with disabilities.