Racism Acknowledged as a
Public-Health Trauma:
Entitlement Response System
A Synopsis of 28 Entitlements and Privileges Necessary to
Rehabilitate the Injuries of Racial Discrimination

Created by: Shaneka Henson, Delegate
Maryland House of Delegates, Legislative District 30A
7-4-2020

 Racism Acknowledged as a Public-Health Trauma:
Entitlement Response System (Synopsis)
R.A.P.T.E.S.
(pronounced raep-ts)
Racism – America’s Public Health Crisis
Poor health outcomes for African Americans are widely known. Among them, African
Americans are 80% more likely to be diagnosed with diabetes. African American men and
women respectively are 30% and 60% more likely than whites to experience high blood
pressure. Also, African American women are 40% more likely to die from breast cancer than
white counterparts. While African American children are twice as likely than their non-African
American peers to be diagnosed asthmatic. Insurmountably, African American’s adult
population suffers a 48% obesity rate.[1]
Various high impact root cause analysis’s studying everything from African American’s
overrepresentation in COVID-19 deaths -- to African American’s higher rates of mortality in
childbirth, reference the dismal African American health outcome data. However, the
relationship between racial discrimination and the predominance of poor health is rarely a
part of the discussions as well as a missing factor in institutional responses.
The body’s stress response to racial discrimination is well documented in clinical
research and analysis. The data shows that the impacts of racial discrimination are mentally
and physiologically debilitating to the health of African Americans.
As of June 30, 2020, racism has been declared a public health issue by more than 20
cities and counties, and as many as 3 states, Michigan, Ohio and Wisconsin.
The following studies published in the U.S. National Library of Medicine show
deleterious impacts of racial discrimination on African American:
1. A study from the University of Michigan illustrates the neuroendocrine response -namely, cortisol secretion, set in motion as the body physiologically reacts to racial
discrimination. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5844784/
2. A study, authored by Duke University’s Laura Smart Richman Ph.D and University of
Pittsburgh Department of Medicine’s Charles Jonassaint, PhD MH, recorded the impacts of
racial bias as measured through salivatory cortisol outputs. The study found racial bias to be
associated with psychological distress, depression, anxiety, and multiple indicators of poor
physical health. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5844784/

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 1 of 25

 3. The “Flint Adolescent Study” determined that even short periods of racial
discrimination dysregulates cortisol functioning into adulthood. Disrupting weight control and
immunohealth. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6188812/
4. A study examining leukocyte telomere length (LTL) among African American men
found racial discrimination to be related to shortened LTL causing accelerated cellular aging.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5407686/
5. A study examining racial discrimination and anxiety and depression in African
American youth found emotional responses from prolonged exposure to racial discrimination
may routinely activate the hypothalamic pituitary adrenal (HPA), the body’s central stress
response system, and help explain the process by which racial discrimination contributes to
racial health disparity outcomes. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5844784/
6. A 20-yearlong study conducted with the Maryland Adolescent Development Center
concluded that racial discrimination leads to hypercortisolism occurring in adolescence and
young adulthood reducing the mediator between chronic psychosocial stress and poor
mental and physical health outcomes.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4739843/

A Handicap Upon the Race
Notwithstanding income disparities for African Americans -- the median African
American family today holds just $3,600 wealth, only 2 percent of the wealth held by the
median White family, $147,000, [1] or incarceration rate disparities for African American -crime rates have fluctuated and seen declines since the 1970’s, however African American
men are 8 times more likely to be incarcerated than white men [2] -- despite education
access disparities for African Americans -- in 2013, 34 percent for African American students,
compared to 9 percent of White students, performed below basic on the NAEP fourth grade
mathematics test -- the physiological impacts of systematized racial discrimination
manifested in the poor health outcomes of African Americans makes racism a handicap upon
the race.
Being disabled is defined in existing U.S. Law as the existence of an impairment which
substantially limits a major life activity. Major life activities are listed to include breathing,
learning, reading, concentrating, thinking, communicating, working, normal cell growth, and
the operation of neurological, endocrine, and circulatory functions.
Dreams Deferred: How Enriching the 1% Widens the Racial Wealth Gap, Chuck Collins, Asante-Muhammad,
Hoxie, Terry https://inequality.org/wp-content/uploads/2019/01/IPS_RWD-Report_FINAL-1.15.19.pdf
[2]
Racial Disparities in Imprisonment: Some Basic Information, Pamela E. Oliver
https://www.ssc.wisc.edu/~oliver/RACIAL/Oliver%20Focus%202001.pdf
[1]

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 2 of 25

 The research demonstrates that the effects of racial discrimination substantially limit
Black American’s major life activities (as defined). Racial discrimination limits normal cell
growth. [2] Racial discrimination experienced by Black American’s disrupts neurological
functioning. [3] Racial discrimination impairs endocrine and circulatory responses in Black
Americans. [4] There can be only one humane response.

Rehabilitation, Accommodation and Treatment
entitlements, transportation, technology, housing, emergency preparedness, employment, education, community life, civil rights

Notwithstanding the varied classifications of “disability” there are over 25 distinct
rights, privileges and entitlements accorded to persons impaired by disabilities such as
racism. Modifying disability entitlements, rights and benefits to insulate African Americans
from the debilitating impacts of racial discrimination is the genesis of rehabilitation and
treatment necessary to restore the impairment of racial discrimination.

Health Care: Medicaid/Medicare & Entitlements: Supplemental Income

I. Social Security Disability Insurance (SSDI)
Existing Entitlement: Social Security Disability Insurance (SSDI) is a social insurance program
under which workers earn coverage for benefits, by working and paying Social Security
taxes on their earnings. The program provides benefits to disabled workers and to their
dependents. For those who can no longer work due to a disability, the SSDI program
replaces a portion the worker’s lost income.
Entitlement Expansion: Amend Social Security Act Title II as follows –
1. The term “disability” or disability determinations many not exclude any African
American, and eligible family members, having attained the age of 22 and a
minimum of six quarters of coverage regardless of medical evaluation.
2. Remove loss of ability to work requirements as a precondition for eligibility for
African Americans.
3. Remove restrictions, caps, limitations and penalties for continued working for
African Americans.
4. Amend any provision necessary and proper so as to make SSDI operate as
Supplemental Income and benefits for working or disabled African Americans and
eligible family members having attained the age of 22 and a minimum of six quarters
of coverage.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 3 of 25

 II. Supplemental Security Income (SSI)
Existing Entitlement: Supplemental Security Income (SSI) provides supplemental income
benefits paid to persons with limited income and resources who are impaired, disabled,
blind, or age 65 or older.
Entitlement Expansion: Amend Title XVI of the Social Security Act, Supplemental Security
Income for the Aged, Blind, and Disabled as follows –
1. The term “disability” or “impairment” many not exclude any African American,
regardless of medical evaluation or impairment.
2. Remove loss of ability to work requirements as a precondition for eligibility for
African Americans.
3. Remove restrictions, caps, limitations and penalties for continued working for
African Americans.
4. Amend [this and other articles] to include mutual aid program requirements to
enroll recipients in other similar means tested aid programs in which their exclusion
is based on the receipt of SSI/SSDI program benefits.
5. Amend “Limited Income” to include an African American receiving SSDI as a result
of a disability status that is not solely predicated on racial identity as African
American.
6. Amend any provision necessary and proper so as to make SSI operate as
supplemental income and benefits for working, disabled or dependent African
Americans.

III. Medicaid
Existing Entitlement: Medicaid provides free or low-cost medical benefits to people with
disabilities.
Entitlement Expansion: Amend Title XIX of the Social Security Act as follows -1. The term “disability” or “qualified individuals” many not exclude any African American
under age 65, regardless of medical evaluation.
2. Require states to provide coverage to African Americans (as defined) without
regard for other eligibility requirements or exclusions.
3. Remove all income threshold, penalties, co-insurance, cost-sharing, premiums,
deductibles and out-of-pocket fees for African Americans.
4. Eliminate asset recovery, collections and penalty assessments for African American
beneficiaries.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 4 of 25

 5. Grant home and community-based service waivers for each African American
beneficiaries.
6. Amend “reasonable cost” for African American beneficiaries to include additional
provider incentive for improved beneficiary health outcomes.
7. Amend any provision necessary and proper so as to make Medicaid accessible to
all African Americans under age 65, at no cost to the beneficiary.

IV. Medicare
Existing Entitlement: Medicare provides medical health insurance to people under 65 with
certain disabilities and any age with end-stage renal disease (permanent kidney failure
requiring dialysis or a kidney transplant).
Entitlement Expansion: Amend Title XIX of the Social Security Act as follows -1. The term “disability” or “qualifying individuals” many not exclude any African American
age 65 or over, regardless of medical evaluation.
2. Fully supplement African American beneficiary co-insurance, cost-sharing,
premiums, deductibles and out-of-pocket costs.
3. Eliminate asset recovery, collections and penalty assessments for African American
beneficiaries.
4. Amend “reasonable cost” for African American beneficiaries to include additional
provider incentive for improved beneficiary health outcomes.
5. Amend any provision necessary and proper so as to make Medicare cost neutral to
all African Americans over 65 while improving quality of care.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 5 of 25

 Rental Housing & Homeownership

V. Public Housing / Rental Assistance / Housing Choice Voucher
Existing Benefit: Persons with disabilities are eligible for all public housing programs, rental
assistance or subsidized housing, and Housing Choice (Section 8) voucher programs.
Benefit Expansion: Amend 42 U.S. Code CHAPTER 8—Low-Income Housing as follows –
1. The term “disability” or “disabled person” many not exclude any African American,
regardless of medical evaluation.
2. Remove income restrictions for African Americans.
3. In this title [and any other required title] include mandatory appropriation
requirements to fund annual program budgets according to the per capita African
American population in each PHA region, supplemental to existing formulas (including
PHA capital development program, Housing Choice Voucher [FMR], and Family Self
Sufficiency Program).
4. Amend any provision necessary and proper so as to open access to public housing,
rental assistance and housing choice vouchers to all African Americans, and increase
program spending in accordance with per capita African American populations.

VI. Non-Elderly Disabled (NED) Voucher
Existing Program: The Non-Elderly Disabled (NED) Voucher, is a special purpose voucher
program that provides subsidized housing to disabled person who are not seniors in age
restricted developments.
Benefit Expansion: Amend 42 U.S. Code CHAPTER 8—LOW-INCOME HOUSING Section
8013. Supportive housing for persons with disabilities as follows –
1. The term “disability” or “disabled person” many not exclude any African American,
regardless of medical evaluation.
2. Remove income restrictions for African Americans.
3. In this title [and any other required title] include mandatory appropriation
requirements to fund annual program budgets according to the elderly per capita
African American population, supplemental to existing formulas.
4. Amend any provision necessary and proper so as to open access to supportive
housing for persons with disabilities to all African Americans, and increase program
spending in accordance with per capita elderly African American population.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 6 of 25

 VII. Development Vouchers
Existing Program: Certain Developments Vouchers enable non-elderly families having a
person with disabilities, who do not currently receive housing assistance in certain
developments where owners establish preferences for, or restrict occupancy to, elderly
families, to obtain affordable housing. These non-elderly families with a disabled person do
not need to be listed on the PHA’s housing choice voucher waiting list in order to be offered
and receive housing choice voucher rental assistance.
Program Expansion: Amend 42 U.S. Code CHAPTER 8—LOW-INCOME HOUSING
Subchapter I. GENERAL PROGRAM OF ASSISTED HOUSING Section 1437f. Low-income
housing assistance as follows -1. The term “disabled person” many not exclude any African American 55 years or older,
regardless of medical evaluation.
2. Remove income restrictions for African Americans.
3. In this title [and any other required title] include mandatory appropriation
requirements to fund annual program budgets according to the per capita elderly
African American population, supplemental to existing formulas.
4. Amend any provision necessary and proper so as to open access to supportive
housing for persons with disabilities to African American persons 55 years and older,
and increase program spending in accordance with per capita elderly African
American population.

VIII. Homeownership Voucher
Existing Program: The Housing Choice Voucher (HCV) homeownership program allows
families that are assisted under the HCV program to use their voucher to buy a home and
receive monthly assistance in meeting homeownership expenses. While the HCV
homeownership regulations contemplate a downpayment grant option (where the PHA
offers a single downpayment assistance grant to the family instead of a monthly
homeownership subsidy), funding has not been appropriated for this purpose and this
regulatory provision has never been implemented. To participate in the HCV homeownership
program, the HCV family must meet specific income and employment requirements (the
employment requirement does not apply to elderly and disabled families).
Entitlement Expansion: Amend 42 U.S. Code CHAPTER 8—LOW-INCOME HOUSING as
follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 7 of 25

 2. Remove income restrictions for African Americans.
3. In this title [and any other required title] include mandatory appropriation
requirements to fund annual program budgets according to the per capita African
American population, supplemental to existing formulas.
4. Include adequate Housing Choice Voucher certificates so as to maintain vouchers
commensurate with the African American population, in addition to existing
apportionment formulas.
5. Fund adequately the HCV homeownership down payment grant option in accordance
to the per capita African American population and regional median home values.
6. Accept African Americans by waiver admission to the HCV homeownership program.
7. Require every PHA to administer the HCV homeownership program, or provide a
reasonable accommodations for African Americans to access the HCV program in the
absence of a PHA.
8. Maintain operational capacity and proficiency to fulfill requirements of this Act.
9. Amend any provision necessary and proper so as to open access to Housing Choice
Voucher to all African Americans, and increase program spending in accordance with
per capita African American population.

IX. Section 811 Supportive Housing for Persons with Disabilities
Existing Program: The Section 811 program is authorized to operate in two ways: (1) the
traditional way, by providing interest-free capital advances and operating subsidies to
nonprofit developers of affordable housing for persons with disabilities; and (2) providing
project rental assistance to state housing agencies. The assistance to the state housing
agencies can be applied to new or existing multifamily housing complexes funded through
different sources, such as Federal Low-Income Housing Tax Credits, Federal HOME funds,
and other state, Federal, and local programs.
Benefit Expansion: Amend Section 811 Supportive Housing for Persons with Disabilities as
follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Remove income eligibility restrictions for African Americans.
3. Provide allotments for each State equal to the pro rata share of African Americans per
capita residing within the State.
4. Maintain operational capacity and proficiency to fulfill requirements of this Act.
5. Amend any provision necessary and proper so as to make available 811 Supportive
Housing for Persons with Disabilities for African Americans.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 8 of 25

 Emergency Preparedness
X. Executive Order 13347—Individuals with Disabilities in Emergency Preparedness
Existing Policy: President George W. Bush issued Executive Order 13347—Individuals With
Disabilities in Emergency Preparedness on July 22, 2004,[5] and established the Interagency
Coordinating Council on Emergency Preparedness and Individuals with Disabilities (ICC). ICC
directs more than 25 Federal executive departments and agencies to work together to ensure
that emergency preparedness plans incorporate the perspectives and needs of individuals
with disabilities.
Policy Expansion: Expand the Interagency Coordinating Council on Emergency Preparedness
and Individuals with Disabilities as follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Amend the definition of “Emergency Preparedness” to include race-based aggression
against African Americans.
3. Facilitate cooperation among Federal, State, local, and tribal governments and private
organizations and individuals in the implementation of emergency preparedness plans
as they relate to African Americans.
4. Require Department of Homeland Security maintain an emergency preparedness web
site that provides practical information on how African Americans can prepare for an
emergency, specifically addressing challenges and providing solutions.
5. Amend and/or establish any provisions necessary and proper to institute emergency
preparedness plans incorporate the needs of African American individuals.

XI. Nationwide Plan Review Phase 2
Existing Policy: The Department of Homeland Security (DHS) issued its Nationwide Plan
Review Phase 2 Report,[6] which includes a discussion of people with disabilities and
emergency planning and readiness.
Policy Expansion: Revise the Department of Homeland Security Nationwide Plan Review
Phase 2 Report as follows –
1. The term(s) “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Provide guidance to States and local governments on incorporation of African
American demographic analysis into emergency planning.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 9 of 25

 3. Increase the participation of African American personnel and African American
specific subject-matter experts in the development and execution of plans, training,
and exercises.
4. Provide training and resources to mass sheltering facilities to ensure their
preparedness and adequate knowledge and experience related to sheltering African
American.
5. Amend and/or establish any provisions necessary and proper to institute emergency
preparedness plans incorporate the needs of African American individuals.

XII. Post Katrina Emergency Management Reform Act
Existing Policy: Title VI of the Department of Homeland Security Appropriations Act, 2007
Post-Katrina Emergency Management Reform Act of 2006 was enacted to address various
shortcomings identified in the preparation for and response to Hurricane Katrina.
Policy Expansion: Expand Title VI of the Department of Homeland Security Appropriations
Act, 2007 Post-Katrina Emergency Management Reform Act of 2006 as follows –
1. The term(s) “special needs” or “disabled” many not exclude any African American,
regardless of medical evaluation.
2. Add an African American coordinator to the Federal Emergency Management
Agency.
3. Revise evacuation plans and emergency exercises to respond to the perspective and
needs of African Americans.
4. Amend and/or establish any provisions necessary and proper to institute emergency
preparedness plans incorporate the needs of African American individuals.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 10 of 25

 Employment and Hiring

XIV. Schedule “A” Hiring Authority
Existing Policy: Schedule A Hiring Authority is an excepted service hiring authority. It
streamlines what can sometimes be a lengthy hiring process and permits hiring officials to
select a candidate for a job solely from a list of qualified Schedule A applicants. Schedule A
allows agencies to hire qualified applicants with disabilities without posting the job position,
thereby reducing the time it may take to fill a vacancy.
Policy Expansion: Expand 5 C.F.R. § 213.3102(u) and 5 C.F.R § 315.709 as follows –
1. The term(s) “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Waive medical documentation requirement for persons exclusively eligible as African
American.
3. Require agency Human Resource (HR) Specialist, Disability Program Manager (DPM)
Special Placement Program Coordinator (SPPC) and Department of Labor's Workforce
Recruitment Program (WRP) to work together to recruit, hire, accommodate, support
and promote African Americans.
4. Mandatory offer of conversion from excepted service to civil service competitive status
for African Americans who complete 2 or more years of satisfactory service without a
break of more than 30 days, under a non-temporary Schedule A appointment.
5. Amend any provision necessary to open access to Schedule A Authority to African
Americans.

XV. Section 503 of the Rehabilitation Act of
Existing Policy: Section 503 of the Rehabilitation Act of 1973 prohibits discrimination and
requires employers with federal contracts or subcontracts that exceed $10,000 to take
affirmative action to hire, retain, and promote qualified individuals with disabilities. This
section is enforced by the Department of Labor's Employment Standards Administration's
Office of Federal Contract Compliance Programs (OFCCP).
Policy Expansion: Amend 29 U.S. Code § 793. Employment under Federal contracts
as follows –
1. The term “disability” or “qualified individual with disabilities” many not exclude any
African American, regardless of medical evaluation.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 11 of 25

 2. Amend the waiver authority granted to the Secretary of Labor for affirmative action
regulations and impose strict scrutiny and requirement that “best efforts” be used for
the inclusion African Americans.
3. Amend the waiver authority granted to the President with regard to particular
contract or subcontract and require exigent circumstances for the use of waiver
authority as it relates to African American inclusion.
4. Amend any provision necessary to open Section 503 of the Rehabilitation Act of 1973
to African Americans.

XVI. Ticket to Work & Self Sufficiency Program
Existing Program: In the Ticket to Work and Self-Sufficiency Program a disabled
beneficiary may use a ticket to work and self-sufficiency, which evidences the Commissions
agreement to pay the employment network, issued by the Commissioner of Social Security to
obtain employment services, vocational rehabilitation services, or other support services from
an employment network which is of the beneficiary’s choice and which is willing to provide
such services to such beneficiary.
Policy Expansion: Amend 42 U.S. Code § 1320b–19.The Ticket to Work and Self-Sufficiency
Program as follows –
1. The term “disabled beneficiary” many not exclude any African American, regardless of
medical evaluation.
2. Require the Commissioner of Social Security to enter into an agreement with a public
or private organization to with expertise in the field of African American needs for
employment and vocation to assist and act as program manager.
3. Amend any provision necessary to expand employment, vocational rehabilitation and
other support services and accommodations of the Ticket to Work and Self Sufficiency
Program to African Americans.

XVII. Vocational Rehabilitation Services
Existing Policy: Vocational rehabilitation counselors that are trained and prepared in
accordance with State policies and procedures (referred to individually as a “qualified
vocational rehabilitation counselor”), other qualified rehabilitation personnel, and other
qualified personnel facilitate the accomplishment of the employment outcomes and
objectives of an individual.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 12 of 25

 Policy Expansion: Amend Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
Vocational Rehabilitation and Other Services as follows –
1. Amend the definition of “individuals with disabilities” to include the defined term
African Americans
2. Authorize appropriations as necessary to meet cost of vocational rehabilitation
services of African Americans
3. Amend and provision necessary to expand Vocational Rehabilitation and other
services to African Americans.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 13 of 25

 Education

XVIII. Individuals with Disabilities Education Act
Existing Policy: Individuals with Disabilities Education Act (IDEA) ensures children with
disabilities receive a “free appropriate public education” (often called FAPE). This means that
schools must provide eligible children who have a disability with specially designed
instruction to meet their unique needs at no cost to the children’s parents. This specially
designed instruction is known as special education. IDEA includes a great deal of information
to help states design special education programs for children with disabilities. IDEA also
includes regulations to protect the rights of parents and children.
Policy Expansion: Amend the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq.
as follows –
1. Amend the findings to include:
a. Black students are the most likely of students to live in poverty at a rate of
31%, as compared to Hispanic students at 26%, and white students and Asian
students at 10% each.
b. Between fall 2000 and fall 2015, the percentage of students enrolled in public
elementary and secondary schools who were White decreased from 61 to 49
percent.
c. In 2013–14, about 2.6 million public school students (5.3 percent) received one
or more out-of-school suspensions. A higher percentage of Black students
(13.7 percent) than of students from any other racial/ethnic group received an
out-of-school suspension, followed by 6.7 percent of American Indian/Alaska
Native students, 5.3 percent of students of Two or more races, 4.5 percent
each of Hispanic and Pacific Islander students, 3.4 percent of White students,
and 1.1 percent of Asian students.
d. Thirteen percent of students ages 3–21 enrolled in public schools were served
under IDEA in school year 2015–16, a total of 6.7 million individuals. The
percentage served varied by race/ethnicity: it was highest for those who were
American Indian/Alaska Native (17 percent), followed by those who were Black
(16 percent), White (14 percent), of Two or more races (13 percent), Hispanic
and Pacific Islander (12 percent each), and Asian (7 percent). [7]
e. Any other findings necessary and proper to demonstrate the gap in
opportunities for African American students K-12.
2. Expand IDEA funding and spending formulas which assist states in providing a free
appropriate public education in the least restrictive environment for children with
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 14 of 25

 3.

4.

5.

6.

7.

8.
9.

10.

disabilities, ages 3 through 21 to include IDEA funding and spending requirements for
every African American ages 3 – 21, notwithstanding the disability.
Expand IDEA funding and spending formulas which assist states in providing a free
appropriate public education in the least restrictive environment for children with
disabilities, ages three through five to include IDEA funding and spending
requirements for every African American ages 3 – 5, notwithstanding the disability.
Expand IDEA funding and spending formulas which support early intervention services
for infants and toddlers grants for Infants and Families program, for children ages
birth through two, and their families to include funding and spending requirements
every African American ages birth through two and their families, notwithstanding
disability.
Require free and fair public education in the least restrictive environment for African
Americans ages 3 through 21 that sufficiently responds to the perspective and needs
of African Americans.
Provide early intervention services for infants and toddlers birth through age two and
their families that sufficiently responds to the perspective and needs of African
Americans birth through age two.
Provide assistive technology to African Americans ages 3 through 21, including
adequate telecommunications devices and telecommunications services connectivity
for personal use as assistive devices to aid in learning.
Mandate grants to support African American educator and para-educator personnel
development.
Mandate grants to support technical assistance and dissemination, as well as
technology, and parent-training and information centers to service and support
African Americans birth through 21.
Amend any provision necessary and proper to ensure schools provide African
Americans ages birth through 21 instruction and support to meet their unique needs
at no cost to the children’s parents.

XIX. Comprehensive Transition and Postsecondary (CTP) Program
Existing Policy: The Comprehensive Transition and Postsecondary (CTP) Program is for
students with intellectual disabilities and offers a degree, certificate, or nondegree program
that is from a college or career school and approved by the U.S. Department of Education.
Students enrollees are not required to have a high school diploma or GED and are not
required to be pursuing a degree or certificate. CTP Programs offer academic advising and a
structured curriculum. CTP Programs are designed to support students with intellectual
disabilities who want to continue academic, career, and independent living instruction to
prepare for gainful employment.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 15 of 25

 Program Expansion: Expand 20 U.S. Code Part D—Programs to Provide Students with
Disabilities With a Quality Higher Education as follows –
1. The term “student with an intellectual disability” many not exclude any African
American, regardless of intellectual ability.
2. Waive basic federal student aid eligibility requirements for African Americans.
3. Mandate appropriation, in addition to the existing program budget, as necessary to
carry out the amended statute, in proportion to the aggregate of the number of
African Americans:
a. whom did not/do not complete secondary education;
b. earn $25,000 per year or less;
c. who are reentering the community from incarceration;
d. who owe a debt of child support or spousal support;
e. who have not worked and/or attended a full-time academic program in more
than 36 months.
4. Amend any provision necessary to expand Programs to Provide Students With
Disabilities With a Quality Higher Education to African Americans.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 16 of 25

 Transportation
XX. Discrimination Against Handicapped Individuals Air Carriers
Existing Policy: 49 U.S. Code § 41705. Discrimination against handicapped individual states that
in providing air transportation, an air carrier, including (subject to section 40105(b)) any
foreign air carrier, may not discriminate against an otherwise qualified individual on the
grounds the individual has a physical or mental impairment that substantially limits one or
more major life activities.
Policy Expansion: Amend 49 U.S. Code § 41705. Discrimination against handicapped
individuals as follows –
1. Amend the qualifying grounds under which an otherwise qualified individual cannot
be discriminated against to include, their race as an African American
2. The term “disability” or “individual with disabilities” or “handicap” many not exclude
any African American, regardless of medical evaluation.
3. Require each air carrier to provide a Complaint Resolution Official (CRO) at the airport
responsive to the perspective and needs of African Americans to resolve complaints
regarding violations of the ACAA.
4. Amend any provision necessary to expand ACAA protection to African Americans.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 17 of 25

 Technology

XXI. Section 508 of the Rehabilitation Act
Existing Policy: Section 508 of the Rehabilitation Act of 1973 requires that electronic and
information technology developed, procured, maintained, or used by the Federal
government be accessible to people with disabilities.
Expanded Policy: Expand Section 508 of the Rehabilitation Act - 29 U.S.C. § 798 Section 508 Electronic and Information Technology as follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Require the federal government to ensure its websites, video and audio tapes,
electronic books, televised programs, and other such media includes the perspectives
of African Americans and services the needs of African Americans.
3. Amend any provision necessary to expand Section 508 of the Rehabilitation Act to
ensure African Americans access information technology.

XXII. Title IV Assistive Technology
Existing Policy: Title IV of the ADA added Section 255, “Access by Persons with Disabilities,” to
the Telecommunications Act of 1996. Under this section, telecommunications service
providers and manufacturers of equipment must ensure that their products and services can
be used by people with disabilities. If accessibility is not “readily achievable,” then they must
ensure that the products or services are compatible with assistive devices commonly used by
people with disabilities, such as screen readers. Both public agencies are required to
“communicate effectively” with people whose disabilities affect their ability to communicate.
This means ensuring that people with disabilities can exchange information just as effectively
as people who don’t have disabilities.
Expanded Policy: Amend Title IV of the ADA Section 255, Access by Persons with Disabilities
as follow –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Develop and mandate training(s) for Title II and Title III entities to facilitate effective
communication with African Americans. Including communication which reduces and
eliminates the impact of implicit bias and discrimination towards African Americans.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 18 of 25

 3. Require telecommunication companies provide the necessary services to ensure
African Americans access telecommunications devices.
4. Amend any provision necessary to expand Title IV of the ADA Section 255, to ensure
African Americans access to technology.

XXIII. Twenty-First Century Communications and Video Accessibility Act (CVAA)
Existing Policy: The Twenty-First Century Communications and Video Accessibility Act (CVAA)
was signed into law in 2010. The act was written to ensure that people with disabilities would
have equal access to “advanced” communications – namely, digital, broadband and mobile
products and services. Under the CVAA, Title I (“Communications Access”) – is products and
services that connect to the Internet, such as email and text messaging services, web-based
services and mobile devices – and Title II (“Video Programming”), is products and services
involved in the delivery of videos, such as television recording devices, video distributors and
online streaming services. Title I of the CVAA states that laptops, smartphones, tablets,
software applications and even gaming consoles that connect to the Internet must be usable
by and accessible to people with disabilities. Title II states that video equipment must be
capable of displaying closed captioning and video description, and that user controls must be
accessible to people with vision and hearing disabilities.
Policy Expansion: Amend 47 U.S. Code Title 47—TELECOMMUNICATIONS Twenty-First
Century Communications and Video Accessibility Act (CVAA) as follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Require the Commission developed through a public participation process and in
consultation with interested African American consumer stakeholders, services and
equipment that is compliant with relevant technical standards to assist African
Americans in effective exchange of information.
3. The Chairman of the Commission shall establish an advisory committee, to be known
as the Emergency Access Advisory Committee for the purpose of achieving equal
access to African Americans to emergency services.
4. The Chairman of the Commission shall establish an advisory committee, to be known
as the Video Programming and Emergency Access Advisory Committee for the
purpose of achieving equal access to video programming African Americans.
5. No “non-achievable” waivers shall be granted as to African American individuals or
groups of individuals except for “reasonable efforts” findings by the Commission and
satisfaction of alternative means of compliance.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 19 of 25

 6. Develop and mandate training for Title II and Title III entities to facilitate effective
communication with African Americans. Including communication which reduces and
eliminates the impact of implicit bias and discrimination towards African Americans.
7. Requires telecommunication companies remove barriers to African Americans
accessing the Internet.
8. Require telecommunications providers of technology, to provide the technology
whether it’s a product or a service, or a third-party assistive technology made easily
available and supported, to connect African Americans to telecommunications.
9. Amend any provision necessary to expand Twenty-First Century Communications and
Video Accessibility Act (CVAA) to provide African Americans easily available and
supported telecommunication.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 20 of 25

 Community Life

XXIV. Integrated Community Based Settings
Existing Policy: Individuals with disabilities are provided meaningful choice and selfdetermination to transition from institutional or other segregated settings into their
communities. Examples of integrated settings include scattered-site apartments providing
permanent supportive housing, tenant-based rental assistance that enables individuals with
disabilities to lease housing in integrated developments, and apartments for individuals with
various disabilities scattered throughout public and multifamily housing developments.
By contrast, segregated settings are occupied exclusively or primarily by individuals with
disabilities. Segregated settings sometimes have qualities of an institutional nature, including,
but not limited to, regimentation in daily activities, lack of privacy or autonomy, policies
limiting visitors, limits on individuals’ ability to engage freely in community activities, and
manage their own activities of daily living, or daytime activities primarily with other individuals
with disabilities.[8]
Policy Expansion: Expand Integrated Community Based of Olmstead v. L.C., 527 U.S. 581
(1999) Standards as follows –
1. The term “disability” or “individual with disabilities” many not exclude any African
American, regardless of medical evaluation.
2. Establish a comprehensive State planning requirement that includes enforceable,
measurable objectives that are designed to transition African Americans at all ages
out of institutions or segregated settings into the most integrated community-based
setting that supports the perspectives and needs of African Americans.
3. Provide allotments for each State equal to the number of African Americans per
capita residing in institutional or segregated settings.
4. Amend any provision necessary and proper to apply Integrated Community Based
Standards to African Americans.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 21 of 25

 Civil Rights

XXV. Section 504 of the Rehabilitation Act
Existing Policy: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against
people with disabilities in programs that receive federal financial assistance. Section 504
works together with the ADA and IDEA to protect children and adults with disabilities from
exclusion, and unequal treatment in schools, jobs and the community.
Expanded Policy: Amend 29 U.S. Code § 794. Nondiscrimination under Federal grants and
programs as follows –
1. The term(s) “handicap” “disability” or “individual with disabilities” many not exclude
any African American, regardless of medical evaluation.
2. Waive qualification requirements for service eligibility for African Americans.
3. Require penalties for violations promulgated against African Americans – including
citations, business license restrictions, fines, and injunctions requiring the business to
remedy the conditions.
4. Expand affirmative actions and penalties for violations to include the development
and implementation of training to reduce and eliminate the impacts of implicit bias
towards African Americans.
5. Amend any provision necessary and proper to extend Section 504 civil rights to every
African American.

XXVI. Rehabilitation Act, 29 CFR 1630 Equal Employment Opportunity EEOC
Existing Policy: The Rehabilitation Act of 1973 imposes on federal agencies, as employers,
obligations over and above non-discrimination on the basis of disability. The regulations
require federal agencies to engage in affirmative action for individuals with disabilities The
regulations does not apply to the private sector or to state or local governments.
Expanded Policy: Amend 29 CFR 1630 Equal Employment Opportunity EEOC as follows –
1. The term(s) “disability” or “individual with disabilities” or “impairment” or “qualified
individuals with disabilities” many not exclude any African American, regardless of
medical evaluation.
2. Require agency(s) develop an interactive process in coordination with African
Americans to develop reasonable accommodations to address the perspectives and
needs of African Americans.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 22 of 25

 3. Require a showing of best efforts as a precondition to inflicting undue hardship
defense against African Americans.
4. Amend any provision necessary and proper to extend disability protection to African
Americans in Equal Opportunity Employment.

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 23 of 25

 Criminal Justice & Civil Rights
XXVII. ADA & Criminal Justice
Existing Policy: The ADA requires criminal justice entities—including attorneys, courts, jails,
juvenile justice entities, police, prisons, prosecutors, and public defense attorneys—to avoid
discriminating against people with disabilities. Entities must ensure that people with
disabilities are treated equally in the criminal justice system and that they have equal
opportunity to benefit from safe, inclusive communities. Nondiscrimination requirements,
such as the obligation to provide reasonable modifications to policies, practices, and
procedures and the obligation to take appropriate steps to communicate effectively with
people with disabilities, also support the goals of ensuring public safety, promoting public
welfare, and avoiding unnecessary criminal justice involvement for people with disabilities.

Policy Expansion: Amend Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et
seq as follows -1. The term(s) “disability” or “individual with disabilities” or “impairment” or “qualified
individuals with disabilities” many not exclude any African American, regardless of
medical evaluation.
2. Amend any provision necessary and proper to extend ADA civil rights to every African
American.
XXVIII. Civil Rights of Institutionalized Persons Act (CRIPA)
Existing Policy: The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S.
Attorney General to investigate conditions of confinement at State and local government
institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities,
publicly operated nursing homes, and institutions for people with psychiatric or
developmental disabilities. The Attorney General may initiate civil law suits where there is
reasonable cause to believe that conditions are "egregious or flagrant," that they are
subjecting residents to "grievous harm," and that they are part of a "pattern or practice" of
resistance to residents' full enjoyment of constitutional or Federal rights, including title II of
the ADA and section 504 of the Rehabilitation Act.
Policy Expansion: Amend Civil Rights of Institutionalized Persons Act 42 U.S.C. §§ 1997 et seq
as follows –
1. The term(s) “disability” or “individual with disabilities” or “qualified individuals with
disabilities” many not exclude any African American, regardless of medical evaluation.
_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 24 of 25

 2. Amend any provision necessary and proper to extend Section 504 civil rights to every
African American.

[1]

[2]

https://www.cigna.com/static/www-cigna-com/docs/health-care-providers/african-american-health-disparities.pdf
See, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5407686/

See, A study examining racial discrimination and anxiety and depression in African American youth found emotional
responses from prolonged exposure to racial discrimination may routinely activate the hypothalamic pituitary adrenal (HPA),
the body’s central stress response system, and help explain the process by which racial discrimination contributes to racial
health disparity outcomes. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5844784/
[3]

A study from the University of Michigan illustrating the neuroendocrine response - namely, cortisol secretion, set in
motion as the body physiologically reacts to racial discrimination. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5844784/
[4]

https://www.presidency.ucsb.edu/documents/executive-order-13347-individuals-with-disabilities-emergencypreparedness
[6]
https://legacy.npr.org/documents/2006/jun/dhs/preparedness.pdf
[7]
https://nces.ed.gov/pubs2019/2019038.pdf
[8]
https://www.hud.gov/program_offices/fair_housing_equal_opp/integrated_community_based_settings
[5]

_____________________________________________________________________________________
Racism Acknowledged as a Public-Health Trauma: Entitlement Response
Created by: Shaneka Henson, Delegate, Maryland House of Delegates

Pg 25 of 25