Earlier this month, the Department of Education presented a technical assistance (TA) webinar on the use of restraint and seclusion in schools. This webinar is part of the department’s initiative, announced last year, to address inappropriate use of restraint and seclusion. The webinar covers state obligations under Section 504, civil rights data collection, and strategies for reducing the use of restraint and seclusion.
Monthly Archives: January 2020
Education: Education Department Announces New Civil Rights Center
On January 21, Education Secretary Betsy DeVos announced the creation of a new Outreach, Prevention, Education, and Non-discrimination (OPEN) Center within the Office of Civil Rights. This center is devoted to proactive compliance efforts, including through technical assistance. Read the Department’s press release here.
Housing: Bipartisan Housing Bills Introduced in Senate
Last month, two bills to improve housing stability for low-income tenants were introduced in the Senate. Senators Michael Bennet (D-CO), Rob Portman (R-OH), Todd Young (R-IN), and Sherrod Brown (D-OH) introduced the Eviction Crisis Act of 2019 (S.3030). This bill funds emergency assistance to help reduce preventable evictions and creates a database for tracking eviction data, including disability status. The bill also supports landlord-tenant community courts and increasing social services representatives for tenants (with an effective communication requirement).
Senators Todd Young (R-IN) and Chris Van Hollen (D-MD) introduced the Family Stability and Opportunity Vouchers Act of 2019 (S.3083). This bill creates affordable housing vouchers to help low-income, high-need families with young children move to areas of greater opportunity. Additionally, it provides counseling and case management for families receiving these vouchers.
The Arc Releases Census Resources
Last week, The Arc unveiled its new Census 2020 resource page. The resources include videos and written materials for people with disabilities and community organizations. The census helps to direct billions annually in federal funding. Census data is used by businesses, governments, and civic organizations to inform decision making about what services should be available in local areas, and it impacts Congressional representation. Disability advocates are encouraged to share these resources with their network in preparation for the 2020 Census day on April 1.
Social Security: SSA Extends Comment Period on CDR Rule
The Social Security Administration (SSA) has extended its deadline for comments on its proposed rule to expand the use of continuing disability reviews (CDR). Currently, SSA reviews eligibility for Old Age Survivors and Disability Insurance (OASDI) and Supplemental Security Income (SSI) benefits more or less frequently based on three different categories: every 6-18 months if medical improvement expected (MIE), every 3 years if medical improvement possible (MIP), and every 5-7 years if medical improvement not expected (MINE). The proposed rule adds a category called “medical improvement likely” (MIL) in which reviews must occur every two years and requires review for people in the MINE category every six years. The deadline for comments has been extended to January 31. Learn more.
Presidential Forum on Disability Postponed
Elected for Inclusion: A Presidential Forum on Disability has been postponed due to the timing of the January Democratic presidential debate and other factors. The Arc remains committed to engaging candidates about issues of importance to people with disabilities, is grateful to all of the chapters and advocates who have been planning watch parties, and is looking forward to working together to make the forum a success when a new date is set. For more information, see the statement from organizers, the American Association of People with Disabilities and REV UP Texas.
Health: Appeals Court Rules Part of ACA Unconstitutional
On December 18, the Fifth U.S. Circuit Court of Appeals declared parts of the Affordable Care Act (ACA) unconstitutional and sent the case back to the lower court to determine which parts of the law will remain in effect. Many of the law’s most popular provisions are in jeopardy, including the protections for people with pre-existing conditions, allowing parents to cover their children until age 26, eliminating annual and lifetime limits on coverage, and other provisions. The ACA provides many critical protections for people with disabilities and The Arc will continue to support the law. Read The Arc’s statement.
Budget & Appropriations: Funding Bills for Remainder of FY 2020 Enacted; Low Income Tax Credits Not Included
All 12 Fiscal 2020 spending bills were passed by both chambers of Congress and signed by the President on December 20, the day the previous short-term funding bill was set to expire. The $1.3 trillion spending package included a few notable increases for disability related programs, though the majority were level funded or saw modest increases. The Lifespan Respite Act program received the largest percentage increase at 48%. See a comparison of disability-related program funding levels here.
In addition, the measure included several tax cuts totaling $426.3 billion over 10 years. This includes repeal of the Affordable Care Act’s (ACA) health insurance tax and medical device tax for businesses which benefit under the ACA. Unfortunately, it did not include any expansion of tax credits for low income people, namely the earned income tax credit (EITC) and the Child Tax Credit (CTC). The Arc advocated for expansion of these refundable tax credits, which benefit low income workers. Learn more.
Medicaid/LTSS: Congress Approves MFP Extension
Late last month, Congress approved and President Trump signed a five-month extension of the Money Follows the Person (MFP) Program as part of the Further Consolidated Appropriations Act, 2020 (H.R.1865). However, Congress did not approve a permanent reauthorization. MFP has helped more than 90,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have shown that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. Learn more about MFP here and read The Arc’s statement.
Family Support/Employment: Family Medical Leave Modernization Act Introduced in House and Senate
On December 17, Senators Dick Durbin (D-IL), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Patrick Leahy (D-VT), Kamala Harris (D-CA), and Sherrod Brown (D-OH), and Representative Carolyn Maloney (D-NY) introduced the Family Medical Leave Modernization Act (S.3071/H.R.5456). This bill expands the Family and Medical Leave Act definition of family to include domestic partners, parents-in-law, aunts, uncles, siblings, adult children, grandparents, grandchildren, sons- or daughters-in-law, and other significant relationships. Furthermore, it guarantees that parents and other family caregivers can take time off to attend medical appointments or school functions, such as a parent-teacher conference, without a risk of losing their job. The Arc supports this legislation.