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Barack Aides Seen as Foes of Community Care

By Mike Ervin

President Barack Obama's inner Washington circle is full of Chicagoans. Two in particular -- Arne Duncan and David Axelrod -- sounded alarm bells among Chicago disability activists when their appointments were recently announced.

New Secretary of Education Arne Duncan was the former head of the Chicago Public Schools. Catalyst Chicago, an independent newsmagazine that reports on education in Chicago, characterized Duncan’s special education record at CPS as “dismal.” A few days after his appointment as secretary, Access Living, Chicago’s Center for Independent Living, issued a press release criticizing him for cutting $12 million from the CPS special education budget and for other moves that showed disregard for students with disabilities.

Senior advisor David Axelrod was the brains behind Obama’s presidential campaign.

Axelrod, whose 27-year-old daughter Lauren has epilepsy, has said he has deep empathy for people living with disabilities. Lauren Axelrod is a longtime resident of Misericordia, a segregated community for 550 people with developmental disabilities run by the Roman Catholic Church. To local disability rights activists, Misericordia is a symbol of the antiquated 1950s institutional-charity model of long-term-care delivery.

Axelrod has expressed deep affection for Misericordia and has helped raise lots of money for it. Disability rights activists wonder how the advice he gives the president on long-term care will affect efforts to shift money away from institutions and into community settings.

Catalyst Chicago wrote, “One area where there was no improvement or reform under Duncan was special education.” According to the publication, half of high school students with learning disabilities drop out and fewer than 25 percent of CPS elementary-school pupils (and less than 10 percent of those in high school) receiving special education services met state standards in 2007.

Rod Estvan, Access Living’s education outreach coordinator, said of Duncan, “The needs of kids with disabilities just don’t click with him.” The Access Living statement, which Estvan helped write, said that the $12 million in special education cut was originally proposed to be $26 million.

“If the cuts had been implemented, an estimated 200 special education teachers and 750 special education aides would have been laid off,” the statement said. The amount was cut in half in the face of protests, but Estvan said there is still a subsequent shortage of aides. “A lot of parents are bitter about it.”

The statement credits CPS for budgeting $23 million annually from fiscal year 2009 through fiscal year 2012 to Capital Project Funds for Americans with Disabilities Act projects. “These projects will make numerous previously non-accessible schools available for students with disabilities and will allow some students, who would have been bused long distances, to attend schools in their own communities,” the statement said.

Estvan said a similar agreement negotiated with Duncan’s predecessor disappeared from the budget when he took over. Though a new agreement was eventually reached, Estvan said valuable opportunities to make school infrastructure more accessible were lost in the interim.

Since 1997, CPS has been operating under a consent decree born of a special education lawsuit requiring it to make greater efforts to place disabled students in the least restrictive environment. When a federal judge extended that decree through 2010, Duncan unsuccessfully tried to appeal that decision. Estvan said that was another example of Duncan’s “hostility” toward special ed.

From the outside, Misericordia looks like a pristine, Dickensian village nestled on Chicago’s far north. According to Kevin Connelly, Misericordia development officer, residents range in age from infants to about age 62, and the most independent residents function at the intellectual level of a 14-year-old. “More often than not when they come here, it means they will be here for their entire lives,” he said.

Some adult residents work on campus, such as at the greenhouse, gift shop or restaurant. Some have jobs in the community and some go to day programs. There are a variety of living situations, but most adults live in the 12-resident, same-sex houses on campus, Connelly said.

“We want people to make their own decisions to the extent that they can,” Connelly said. But life at Misericordia comes with many of the restrictions of institutional life. Connelly said that all those who visit the residents have to come from a list approved by family or guardians. He added that some residents are allowed to leave the campus unattended, but they must always let someone know where they are going and when they will return,

No residents are married. Lois Gates, assistant executive director, said that, to her knowledge, none has ever expressed a desire to marry, but if any did, Misericordia would probably not be an appropriate place for them to live.

According to Connelly, those who work on campus earn minimum wage, but because the state deducts most of what they earn from what it pays Misericordia for their care, most of their pay goes back to Misericordia. The residents get to keep little of what they earn.

Misericordia’s executive director is Sister Rosemary Connelly, Kevin’s aunt. Rosemary Connelly is a vocal opponent of attempts to shift funding away from institutions. In the column she writes for Misericordia’s quarterly newsletter, that is a common theme.

In one column, she wrote: “When I listen to advocates who want every person with developmental disabilities, no matter how severe their disabilities, to live in isolated houses in neighborhoods, I shudder with fear. What will happen to individuals living in isolated houses when their physical needs become so demanding that no individual house would be able to provide appropriate care? Will they be ‘dumped’ in inadequate nursing homes?

“When the person is so severely disabled – an adult functioning at a mental age of 12 months to 3 years of age -- will the four walls of the house become their world? Are individual houses able to provide the medical, nursing and therapeutic services some persons need? Legitimate questions which some advocates appear to ignore. I don’t question the sincerity of these advocates who are very frustrated because of the lack of funding for smaller residential services. But would it not be more prudent and realistic to be evaluating services on ‘quality of life’ rather than size?

“Misericordia is classified as a “large institution” with all the negative connotations that implies. No matter, big is bad and thus, for some advocates Misericordia is not only bad but a ‘stumbling block’ for them to continue their ‘crusade’ to eliminate all residential services that are big. We ‘weaken’ their efforts because anyone who visits us knows that our children and adults are truly some of the happiest and contented people you would find anywhere. They are living lives of dignity, respect, challenge and beauty … Let’s pray for all our government officials that the Lord may touch their hearts and the weakest among us will be considered as they establish their future priorities.”

Lawyers representing Misericordia residents and people on its waiting list have repeatedly tried to intervene in a long-running Olmstead lawsuit that seeks to create a greater variety of smaller community care options in Illinois. They argue that such a shift in priorities would take away their clients’ freedom to choose to live in places like Misericordia. The judge has repeatedly rebuffed their efforts.

Rosemary Connelly is not shy about courting powerful politicians. On January 12th, Axelrod was the guest of honor at a $500-a-plate fund-raising breakfast at Misericordia. The nearly 400 attendees, according to the Misericordia newsletter, included “a plethora of Illinois elected officials,” including the attorney general and state treasurer, the president of the Cook County board and four members of the Chicago city council.

“Of course,” Rosemary Connelly wrote in her newsletter column, “I had to use this gathering of many influential people to share my concerns … some sincere advocates -- on both the national and state levels -- would like to see communities like Misericordia closed solely because they are big.” After a tour of Misericordia at the Axelrod event, Rosemary Connelly wrote, “several state legislators shared that we should be a model for the entire country.”

Attempts to contact Duncan and Axelrod for his article were unsuccessful.


Mike Ervin is a member of American Disabled for Attendant Programs Today, a group that works for the civil rights of people with disabilities. He is a frequent contributor to Independence Today.


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