The Department of Justice (DOJ) reported on its investigation of Rhode Island’s sheltered workshops and facility-based day programs concluding that the state was violating the rights of individuals with intellectual and developmental disabilities (I/DD) under Title II of the Americans with Disabilities Act (ADA). DOJ said that the state had over-relied on segregated placements that were designed and functioned like most institutional settings for individuals who could and want to participate in more integrated alternatives. DOJ conducted its state wide investigation of Rhode Island’s employment and day services system following its findings in June 2013 regarding two of the largest programs in the State located in Providence. DOJ provided Rhode Island with steps it must take to comply with the ADA, including providing supported employment services, integrated day activities, and transition services to youth with I/DD leaving school and shifting its funding of segregated sheltered workshops and facility-based day programs to integrated supported employment and community-based day services. Ironically, Rhode Island has no state-operated or state-funded, privately-operated institutions for people with I/DD.
Monthly Archives: January 2014
Paul Marchand Internship in Disability Policy – Applications for the Summer 2014 Session Due Feb 15
For 38 years, Paul Marchand was a dedicated disability policy advocate and recognized leader working on behalf of people with intellectual and developmental disabilities (I/DD) and the entire disability community. Upon his retirement in 2011, The Arc, with substantial contributions from United Cerebral Palsy, other organizations, and individuals with whom Paul worked during his decades in Washington, established an internship to honor Paul and to continue to cultivate disability policy advocates. The Paul Marchand Internship Fund will provide $3,000 per semester or summer session to assist interns pursuing careers in public policy advocacy for people with I/DD. See Application information and Internship FAQs for more information.
Short Term Funding Bill Expected
Congress is likely to pass a three day short term funding bill before January 15th, the last day of temporary funding for the government under the current continuing resolution. This is necessary in order to buy more time for Congress to move the expected bipartisan funding plan for the remainder of the fiscal year.
It is expected that top appropriators will unveil a massive $1.012 trillion omnibus spending package late tonight that would fund nearly every corner of the federal government for the rest of the 2014 fiscal year. House Appropriations Chairman Harold Rogers (R-KY), said that the measure would incorporate spending directives for all 12 of the annual appropriations bills.
Home and Community-Based Setting
The Centers for Medicare and Medicaid Services (CMS) released its long-awaited final rule that defines home and community-based setting. The definition pertains to home and community-based settings across all Medicaid home and community-based services (HCBS) authorities: section 1915(k) Community First Choice, section 1915(i) State plan HCBS, and section 1915(c) HCBS Waivers. Until the final rule is published in the Federal Register on January 16, a pre-publication version is available. The rule will become effective March 17, 2014. CMS has developed a website to provide information about the new rule, including an informational bulletin, a summary of key provisions in the new HCBS definition, fact sheets, questions and answers, and other related resources. CMS will be holding a series of informational webinars over the next several weeks. The dates for these webinars can be found on the website.
For currently approved 1915(c) waivers and 1915(i) state plans, states will need to evaluate the settings currently in their 1915(c) waivers and 1915(i) state plan programs and, if there are settings that do not meet the final regulation’s home and community-based settings requirements, work with CMS to develop a plan to bring their program into compliance. The public will have an opportunity to provide input on states’ transition plans. States will have up to one year to bring their HCBS settings into compliance.
Disability Policy Seminar Early Registration Now Open
Make your plans to attend the 2014 Disability Policy Seminar in Washington, DC April 7-9. This event is the biggest and best opportunity for advocates to advance the grassroots movement for people with intellectual and developmental disabilities.
Register now and book your room at the Grand Hyatt in downtown Washington D.C. for a special early registration rate at www.disabilitypolicyseminar.org and find out more details about the stimulating program on tap for this year’s event. But act soon – special rates on rooms ends March 4.
Hosted by: The Arc, United Cerebral Palsy (UCP), Association of University Centers on Disabilities (AUCD), American Association on Intellectual and Developmental Disabilities (AAIDD), National Association of Councils on Developmental Disabilities (NACDD), and Self-Advocates Becoming Empowered (SABE)
Promotional Support Provided by: Sibling Leadership Network
Walmart Latest Supporter of the UN Convention on the Rights of Persons with Disabilities
In late December, Walmart added its voice to supporters of the UN Convention on the Rights of Persons with Disabilities. In a letter to U.S. Senate Foreign Relations Committee Chairman Bob Menendez, Walmart wrote “Ratification of this treaty would underscore the role of the United States as a leader for the roughly one billion people in the world with disabilities – including approximately 58 million Americans.”
Walmart’s letter expanded on its commitment to a diverse and multicultural workforce, including people with disabilities. The company urged the Senate to ratify the treaty.
New Affordable Care Act Resource Released
The National Disability Navigator Resource Collaborative has released a “Guide to Disability for Healthcare Insurance Marketplace Navigators” designed to inform navigators and other enrollment specialists about special considerations people with disabilities may face as they shop for healthcare coverage. The Collaboration is a project of the American Association on Health and Disability and is funded by the Robert Wood Johnson Foundation. The Arc is one of the seven national organizations participating in the collaboration. The Arc encourages chapters and members to share the availability of the guide and other resources with Affordable Care Act navigators in their community.
The Departments of Justice and Education Jointly Release School Discipline Guidance Package
The Departments of Justice (DOJ) and Education (ED) jointly released a school discipline guidance package for schools to ensure that discipline policies do not discriminate against racial or ethnic groups or students with disabilities and help school leaders find alternatives to excluding students from classrooms or schools. The guidance materials cite data from the Civil Rights Data Collection that shows students with disabilities are disproportionately impacted by suspensions and expulsions.
Some of the major findings included data showing that students served by IDEA [the Individuals with Disabilities Education Act] represent 12% of students in the country, they make up 19% of students suspended in school, 20% of students receiving out-of-school suspension once, 25% of students receiving multiple out-of-school suspensions, 19% of students expelled, 23% of students referred to law enforcement, and 23% of students receiving a school-related arrest. Additionally, students with disabilities (under the IDEA and Section 504 statutes) represent 14% of students, but nearly 76% of the students who are physically restrained by adults in their schools.
The guidance emphasizes positive environments, prevention efforts, clear, appropriate, and consistent expectations and consequences, and continuous efforts to ensure equity. It highlights schools’ obligations under civil rights laws and provides numerous resources for their use.
US Access Board’s Medical Diagnostic Equipment Accessibility Standards Advisory Committee Released Its Report
The US Access Board’s Medical Diagnostic Equipment (MDE) Accessibility Standards Advisory Committee released its report, Advancing Equal Access to Diagnostic Services: Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities. The report includes detailed accessibility standards covering examination tables, x-ray machines, weight scales, mammography equipment, and other diagnostic equipment. The standards were required by the Affordable Care Act. The 24-member Advisory Committee was formed in July 2012 to make recommendations to the Access Board on the final standards.
FY 2014 Spending Bills and Debt Limit Increase Expected to Take Center Stage in the New Year
Congress returns this week with only a few days to pass appropriations measures or a continuing resolution, consistent with the end-of-year budget agreement, before January 16th, when temporary funding for the government under the current continuing resolution expires. The two appropriations bills that fund the vast majority of disability-related programs, the Labor, Health and Human Services, and Education bill (L-HHS-ED) and the Transportation and Housing and Urban Development (T-HUD) bill, may be continued at current spending levels for at least some time because both have recently encountered opposition in Congress. It will remain to be seen how specific disability-related programs such as supportive housing, special education, and supported employment ultimately fare in 2014.
There is also some concern that the need to raise the debt ceiling again in mid-February to early March may provide another threat to spending programs. Some Members of Congress may demand further spending cuts as a condition of raising the debt ceiling.