On March 6 and 7, Touro Law School hosted a Disability Rights and Inclusion conference on “Expanding the Conversation” through innovative programs and approaches. A variety of speakers from across several disciplines discussed lessons learned, strategies that can be developed, and recommendations for disability rights and inclusion in a wide range of settings. Attorneys, advocates, community and organization leaders, employers, service providers, and teachers joined the conference to share their perspectives.
New York State attorneys who attended Touro Law Center’s special education conference either in-person or virtually were offered Ethics & Professionalism Continued Legal Education (CLE) Credits. The conference was held in partnership with Touro Law Center’s Jewish Law Institute. Individuals with disabilities, as well as family, friends, and caregivers, offered their own perspectives at the conference as well. Attendees heard about employment opportunities, services, support systems, legal protections, and community perspectives for people with special needs.
The purpose of the conference was to offer a space for thoughtful discussion, diverse viewpoints, and meaningful change. Elena B. Langan, the dean of Touro Law Center and a professor law, introduced Professor Samuel J. Levine, director of the Jewish Law Institute. Levine stated that the purpose of the conference was to promote disability rights and explore important issues raised by a diverse set of speakers from across the world who were covering various disciplines.
Laila Wendy Chouinard, coordinator of curriculum and training at the Helen Keller National Center, discussed workplace accommodations for people with disabilities. Professor Tiffany Graham of Touro Law stated that Diversity, Equity, and Inclusion programs were wrongfully attacked by President Trump, asserting that affirmative action is needed to combat illegal discrimination against groups of people who have been historically excluded, such as those with disabilities. Dr. Debra R. Comer, a profession of business at Hofstra University’s Zarb School of Business, discussed ways to counter discrimination against people with special needs in the workplace.
When you look at the lists of job requirements at various businesses, stated Christine Ponzio, M.S.Ed., executive director of Winters Center for Autism, some might be intimidating or difficult to overcome for job applicants with disabilities. Ponzio works with businesses to modify the application process to allow young people with autism to overcome that first step in finding a job. Dr. Eugene Nivorozhkin, a professor in finance at University College London, said we are all created in the image of G-d and that tikkun olam involves combating systemic equity. One success story he cited to was JPMorgan’s Autism at Work program, which seeks to recruit and interview people with neurodiversity.
During the conference, attendees also heard about religious rights in special education. The religion panel was moderated by Rena Seplowitz, a professor at Touro Law, and consisted of Christina Jones, a professor at Notre Dame Law School; Jessica Lee, a Ph.D. candidate at Garrett- Evangelical Theological Seminary; Rabbi Joshua Mermelstein, an associate attorney in the real estate practice of Davis Polk & Wardwell LLP and the rabbi of Congregation Talmud Torah-Adereth El in Manhattan; and Rabbi Itamar Rosensweig, a professor at Yeshiva University.
Jones noted the recent victory parents of special needs children achieved at the appellate level in the case of Loffman v. California Department of Education. There, the Ninth Circuit Court of Appeals held that California discriminated against religious students by only allowing federal reimbursement under the Individuals with Disabilities Act (IDEA) for private education in nonsectarian settings (when a “free and appropriate education,” or FAPE, was not provided in a public school). The implication of this win is that under the IDEA, parents could potentially sue for religious school placement if a child with disabilities is denied FAPE in public school, and the religious school has some type of special education program that can provide this education.
A national movement is underway, with Indiana being a test case, whereby vouchers are being made available for children with special needs if they choose a private school placement. Additional funds have been made available through education savings accounts; these funds can be used for services beyond tuition. Parents would still have to be eligible to access the funds. Also, the school must be receiving enough funds to offer these services in the first instance. By accepting these funds, parents may be giving up their right to FAPE at private schools. Ultimately, private school leaders must work together as a group to secure services. Parents should ensure public schools are not illegally delaying the timeline for evaluations or illegally finding children ineligible.
“The value of your soul and those of those around you” are equal, said Rabbi Mermelstein. Citing the machatzis ha’shekel, Rabbi Mermelstein stated that we all need each other. When we love our neighbor as if they were us, we see them as equally deserving of the same treatment we would want for ourselves. Special education is a form of dignity. No two people have the same needs, and we need to fight for the right to an education for those with disabilities.
Touro Law’s conference helped educated the audience on special education rights, inequalities that remain, what work is being done to remedy these inequities, and how members of the public can help as well.
For information about future Touro Law Center events, readers can contact Patti Desrochers, director of communications, at [email protected] or (631) 761-7062. If you are interested in learning more about CLE credits, please contact [email protected] or call (631) 761-7060. Professor Samuel J. Levine can be reached at [email protected] or (631) 761-7138.
