On Target is a monthly publication
of the Indiana Governor's Council for People with Disabilities.
We welcome your suggestions for newsletter content and
ideas concerning the actions of the Council. On Target is made available
in accessible formats upon request.
Suellen Jackson-Boner
Executive Director
Christine Dahlberg
Associate Director
Paul Shankland
Grants Manager |
Federal legislation addresses disability issues
Before the August recess, U.S. senators and representatives were hard at work on several pieces of legislation that will affect Hoosiers with disabilities. Among them are reauthorization of the Individuals with Disabilities Education Act (IDEA) and the Assistive Technology Act, as well as Medicare reform legislation and spending bills for fiscal year 2004, which begins Oct. 1, 2003.
IDEA reauthorization
In early July, the Senate Health, Education, Labor and Pensions Committee unanimously passed the IDEA Improvement Act of 2003 (Senate Bill 1248). While advocates are pleased with improvements over the House version (House Resolution 1350), the Senate bill does give cause for concern.
According to "Washington Watch," an online newsletter distributed by the The Arc of the United States, problematic provisions include:
- Eliminating benchmarks and short-term objectives in a student's Individualized Education Program (IEP).
- Weakening due process protections.
- Permitting schools to use up to 15 percent of IDEA funds for purposes other than special education.
However, the Senate bill does strengthen federal IDEA monitoring and enforcement; require positive behavior intervention and supports; create grant programs to support and train educators and administrators; and improve transition services for students about to leave school.
Assistive Technology Act reauthorization
State programs funded by the Assistive Technology Act will be phased out if a sunset provision in the original legislation is not lifted or postponed during its reauthorization. While a Senate appropriations bill includes funding to maintain the programs, a House version includes only enough money to fund the programs through the end of 2004.
In Indiana, this means Assistive Technology through Action in Indiana, Inc. (ATTAIN) could lose funding in a little more than a year. ATTAIN is a community-based service provider offering technology information, training, access and more to people with disabilities.
Medicare reform update
As predicted, conference committee negotiations on the House and Senate versions of the Medicare reform bill have been and will continue to be complicated. A move by Democrats to reject privatization provisions establishing direct price competition between Medicare and private insurance programs by 2010 failed in the House. But because the Senate version of the bill did not include this provision, which is opposed by most disability advocates, it is still possible that it will not be included in the final bill.
Fiscal year 2004 appropriations
This summer, Congress passed a number of spending bills for a variety of federal programs and services.
Of concern to disability advocates is the appropriations bill for the Department of Housing and Urban Development (HUD) (H.R. 2861), which may contain insufficient funding to renew all current Section 8 vouchers in the Housing Choice voucher program. It is currently under consideration by a Senate committee after passage by the House.
The appropriations bill for Health and Human Services (HHS) also is a concern. It would grant small increases - less than the cost of living - to several block grant programs, but would freeze funding for Title XX Social Services Block Grant programs.
Other disability-related legislation
Other legislation related to people with disabilities includes the Workers with Disabilities Opportunity Act of 2003 (H.R. 2840). This bill would eliminate the 8.5-year limitation on access to premium-free Medicare health coverage for people with disabilities who have at one time earned too much to receive SSI/SSDI payments. In late July, the bill was referred to the House Committee on Ways and Means for consideration.
And the Family Opportunity Act (H.R. 1811, S. 622) could allow middle-income families to purchase the state's Medicaid plan for children with disabilities. Both Indiana senators have signed on among 63 Senate co-sponsors and 77 House co-sponsors. At press time, the bill was under consideration in the Senate Committee on Finance and the House Committee on Energy and Commerce.
Visit thomas.loc.gov to follow the progress of this and other disability-related legislation.
Hate crimes bill may expand to include people with disabilities
Several U.S. senators are backing federal legislation that would expand the definition of hate crimes to include those crimes that are committed on the basis of disability.
The Local Law Enforcement Enhancement Act of 2003 also would add gender and sexual orientation to the definition and provide federal assistance to states and local jurisdictions to more effectively prosecute hate crimes. Specifically, the bill would offer grants for technical, forensic, prosecutorial and other assistance to local officials who investigate and prosecute violent crimes motivated by bias.
The original hate crimes legislation, the Violent Crime Control and Law Enforcement Act of 1994, does mention disability. However, it technically defines hate crimes as those in which the victim is selected intentionally based on "actual or perceived race, color, national origin or ethnicity."
To smooth passage of the new legislation, its sponsors are seeking personal stories of hate crimes against people with disabilities. You can submit stories to Janna Starr at (202) 973-7128 (voice), (202) 776-0414 (fax) or jstarr@ucp.org (e-mail).
National organizations monitor ADA perceptions, progress
National advocacy organizations continue to monitor not only progress toward disability rights but also Americans' perception of and attitudes about the ADA.
A Harris Poll study was conducted for the National Organization on Disability (N.O.D.) in honor of the ADA's 13th anniversary. More than 1,000 randomly selected participants were asked if they agree with four key ADA provisions (see graph).
N.O.D./Harris Poll results
Employers should not discriminate against job candidates with disabilities.
- 85% Agree
- 15% Disagree
Employers with 15+ employees should make reasonable accommodations.
- 79% Agree
- 21% Disagree
New public transportation vehicles must be accessible.
- 87% Agree
- 13% Disagree
Public places may not discriminate on the basis of disability.
- 88% Agree
- 12% Disagree
Overall, the survey revealed overwhelming support for the historic disability rights legislation.
A recent National Council on Disability (NCD) report, "National Disability Policy: A Progress Report," finds that 2002 was a year of both major victories and significant defeats for the disability community.
Among the victories was the inclusion of accessibility provisions in the Help America Vote Act (HAVA). But recent Supreme Court decisions offered defeat by narrowing ADA protections in other aspects of life. The report also emphasized weaknesses in the Individuals with Disabilities Education Act (IDEA) and pointed out issues created by cuts in state Medicaid budgets across the nation.
The report examines a variety of disability-related issues, including statistics and research, civil rights, education, health care, long-term services and supports, youth, employment, welfare reform, housing, transportation, assistive technology and telecommunications, international issues and homeland security.
NCD also makes recommendations to further civil rights for people with disabilities. Those include expanding opportunities for people with disabilities to participate in research agendas and more vigorously enforcing the ADA.
A copy of the report is available at www.ncd.gov.
FSSA launches new regional concept
Over the next few years, the Family and Social Services Administration (FSSA) will launch the "service region concept," which could profoundly alter the way the agency delivers services across the state.
The new concept will divide the state into eight regions. A regional coordinator and planning council will oversee service delivery in each area, identifying gaps in service and working closely with FSSA to fill those gaps.
"Regional services are a paradigm shift from central office management and institutional reliance to regional management and community partnerships that create home and community-based services for all Hoosiers," said Joe Shelton, FSSA program director.
Overall, the goal is to streamline services in a way that enhances cost-effectiveness and clients' quality of life.
Credit for developing the regional planning concept goes to the Council on State-Operated Care Facilities, which was charged by Gov. Frank O'Bannon to find ways to provide high-quality, cost-effective home and community-based health care. Among many recommendations, the final State-Operated Facilities Report suggested dividing the state into service regions.
The first step in the process is a series of regional planning meetings, which are open to anyone interested in participating. Attendees will create assessments and recommendations to present to FSSA, which will then select a permanent advisory panel and regional coordinator.
"The theory is that the regional advisory panel can bring an issue to the attention of the regional coordinator or vice versa. They would have the ability to make a recommendation to plug that weakness without always coming to the central office," Shelton said. "It works the other way, too, because FSSA won't have to go into each county and assess services. A county can do its own assessment."
So far, several regions have begun the planning process. The Southeast Region already has made its initial recommendations to FSSA, which is in the process of selecting an advisory panel for that area. The Central and Northeast regions are involved in the initial planning process, and the Southwest Region's program should launch this fall.
People with disabilities and other community members are encouraged to attend regional planning meetings to make recommendations for service delivery improvements. Visit www.in.gov/fssa or call (317) 233-4454 (voice) for a list of meeting dates, times and locations.
2003 Conference focuses on community
The 2003 Indiana Conference for People with Disabilities will challenge participants to "Catch the community spirit." Dec. 2-3, policymakers, business owners, artists, advocates and people with disabilities will gather at the Westin hotel in Indianapolis.
The Conference will feature workshops on topics such as political strategies, housing, owning your own business, the Help America Vote Act, faith-based initiatives, inclusive education and more.
Attendees will view exhibits, register for door prizes, test accessible voting machines and attend a 1950s-themed reception.
Tuesday's keynote speaker is Marca Bristo, president and CEO of Access Living and former chairperson of the National Council on Disability.
Tuesday's luncheon will feature Alana Yvonne Wallace, founder and artistic director of Dance>Detour, Chicago's first professional mixed-abilities dance company. Rachel Simon, professor and author of "Riding the Bus with my Sister: A True Life Journey," will speak during Wednesday's luncheon.
Leading disability rights attorney Steve Gold, J.D., and policy analyst Mary Kay Rizzolo will present a dual plenary session on housing and the State of the State of People with Developmental Disabilities.
The registration deadline is Nov. 17. On Target readers should receive a registration form in the mail toward the end of September.
Best Buddies encourages friendships, independence
A new Indiana organization, Best Buddies, is helping people with developmental disabilities become more active members of the community through the power of friendship.
"The goal of Best Buddies is to enhance the lives of people with intellectual disabilities by providing opportunities for one-to-one friendships," said Sarah Baldini, program manager.
People with disabilities are matched with volunteers from local Best Buddies chapters around the state, which organize social events that allow buddies to interact. Volunteers also are encouraged to pursue friendships on an individual basis.
The organization sponsors an online pen pal program, e-Buddies, to serve people with disabilities who don't live near an active chapter.
Internationally, Best Buddies involves more than 50,000 participants in all 50 states and a growing number of foreign countries. Indiana already has 20 high school and college chapters. For more information or to volunteer, contact Best Buddies at (317) 917-0750 (voice) or visit www.bestbuddies.org.
Of Note
Arc of Indiana annual conference Oct. 8-9
The Arc of Indiana's annual conference, "Paving a Path to the Future… Together,"will be Oct. 8-9 at the Airport Adam's Mark Hotel in Indianapolis. Keynote speakers include Sue Swenson of The Arc of the United States; Julia Beckett of Family Voices; and Paul Marchand, a nationally recognized expert on public policy and disability. Download a registration form at www.arcind.org/2003conventionintropage.htm or call (317) 977-2375 (voice).
ATTAIN to host statewide conference
The ATTAIN statewide conference will be held Nov. 10-11 at the St. Vincent Marten House and Lilly Conference Center in Indianapolis. Dr. Richard Radtke, founder of the Sea of Dreams Foundation, will present the keynote address. For more information, visit www.attaininc.org or contact Mark Wallis or Natalie Christl at (317) 486-8808 (voice) or (800) 528-8246 (voice).
Oct. 15 is Disability Mentoring Day
In honor of October's National Disability Employment Awareness Month, Oct. 15 has been designated Disability Mentoring Day. The event promotes career development for students and job seekers with disabilities through job shadowing, group visits to public and private employers, and hands-on career exploration. Visit www.aapd-dc.org for more information.
Council offers toll-free resource guide
The Council's "Toll-Free Resource Guide: Indiana Statewide Disability Information Numbers" provides a list and brief descriptions of 21 of the most useful toll-free numbers for disability and social service-related questions and referrals. To obtain a copy, visit www.in.gov/gpcpd/whatsnew or contact the Council at (317) 232-7770 (voice), (317) 232-7771 (TT) or GPCPD@gpcpd.org (e-mail).
Count Us INCountdown
The deadline to register for the Nov. 4 general election is Oct. 6.
Save the date!
The 2003 Conference for People with Disabilities will be held Dec. 2-3 at the downtown Indianapolis Westin hotel.
Indiana Governor’s Planning
Council for People with Disabilities
150 West Market Street, Suite 628
Indianapolis, Indiana 46204
(317) 232-7770 voice
(317) 232-7771 TT
E-mail: GPCPD@gpcpd.org
Web site: www.state.in.us/gpcpd
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