National Council on Independent Living Legislative & Advocacy Priorities Summer 2011   A Message from the Executive Director   Dear Advocates and Allies, I am pleased to announce the release of the Summer edition of National Council on Independent Living’s 2011 Policy Priorities. This publication will introduce you to a sample of the many legislative issues NCIL is currently pursuing in order to secure full inclusion and equality for people with disabilities in our great nation. I would like to draw particular attention to issues surrounding Independent Living funding and the creation of an Independent Living Administration. Considering the substantial work left to be done in order to secure the civil and human rights of people with disabilities, NCIL is acutely aware that funding for Centers for Independent Living and Statewide Independent Living Councils is of the utmost importance to our Movement. CILs and their statewide counterparts are the only organizations directly working to address the issues outlined in this publication. They use shoe-string budgets to successfully advocate for individuals with disabilities facing discrimination while fighting to win an even playing field and ensure the civil and human rights of all Americans. It is crucial that we secure appropriate funding for the Independent Living Program while advancing its agenda of full participation, equality, and freedom of choice for all. I am very proud of our community’s hard work to bring these issues to Congress. Together we will see the passage of our legislative priorities, the restoration of our civil rights, and a world in which people with disabilities are truly valued equally and participate fully. Sincerely, Kelly Buckland Executive Director, National Council on Independent Living   Table of Contents   Civil Rights and the Americans with Disabilities Act -Reauthorization of the Violence Against Women’s Act -Forced Electroshock -Judicial Nominations -ADA Notification Act   Reauthorization of the Rehabilitation Act -Independent Living Administration -The Independent Living Program U.N. Convention on the Rights of Persons with Disabilities Healthcare and Ending the Institutional Bias -Healthcare and Long Term Care Choices -The Fairness in Medicare Bidding Act   Employment and Economic Empowerment   Protecting and Expanding Our Housing Opportunities -Appropriations -National Housing Trust Fund -Preserving Homes and Communities Act of 2011 -Inclusive Home Design Act -Section 8 Voucher Reform Act (SEVRA) -Achieving a Better Life Experience (ABLE) Act   Transportation: The Lynchpin to Independence   Education -Keeping All Students Safe in School Act -IDEA Fairness Restoration Act   Available and Accessible Technology -Assistive Technology Act Veterans’ Issues   Civil Rights and the Americans with Disabilities Act   On July 26th, 2010 people with disabilities celebrated the 20th anniversary of the signing of the Americans with Disabilities Act with great fanfare and joyous events all around the country. As the celebrations were taking place, the Department Of Justice finally issued long overdue revisions to the ADA Title II and III Regulations, and followed up with the adoption of the 2010 ADAAG as the revised Standard for Accessible Design under the ADA.   NCIL has witnessed a stepped-up effort by the Department Of Justice to enforce the law in a way that sets an example with each settlement agreement they make public, and by their increased willingness to pursue not only injunctive relief, but meaningful penalties from those who, more than 20 years after the signing of our civil rights law, still discriminate against people with disabilities.   However, NCIL sees room for improvement in the rulemaking process, and would recommend Congress examine the regulatory process for updating the ADA Regulations and Standards for Accessible Design, so that revisions can be made in a more timely manner than in the past. Reauthorization of the Violence Against Women’s Act   The NCIL Task Force on Violence Against People with Disabilities strongly supports the Violence Against Women Act (VAWA), which is up for reauthorization in 2011.   Since 1994, VAWA has helped to provide resources and support to victims of domestic violence and their children. VAWA provides funding for the National Domestic Violence Hotline, transitional housing, and legal assistance. It also gives grant money to help educate and better prepare law enforcement, advocates and shelters. It was reauthorized by Congress in 2000 and again in 2005, each time acquiring more funding and becoming more successful.   The next version of VAWA should focus on providing more resources to victims in rural areas and programs that are addressing the needs of people with disabilities. It is of the utmost importance that congressmen and senators know that NCIL cares about VAWA and supports its reauthorization and improvement. The U.S. Election Assistance Commission (EAC)   NCIL strongly supports the continuation of the U.S. Election Assistance Commission (EAC).   Congress passed the Help America Vote Act in 2002 to help states improve their voting systems. It also created the Election Assistance Commission (EAC) to provide guidance to states. The commission disbursed more than $3.2 billion Congress set aside for states to buy new equipment, rain poll workers, set up statewide computer databases, and launch voter education programs.   NCIL will fight current efforts by House Members to eliminate the EAC because the commission helps to ensure election systems are fair and accessible to everyone, including people with disabilities. Forced Electroshock   Forced Electroshock is a devastating civil and human rights violation that must come to an end immediately.   Statistics on forced Electroshock are nearly nonexistent and those that do exist do not take coercion into account. In most states, involuntary Electroshock can be forced on a person by judicial order after a formal hearing in which the convenience of medical personnel often outweighs the right the individual’s right to privacy and bodily integrity.   According to a 1999 Surgeon General's Report on Mental Health, "As a rule, the law requires that such petitions are granted only where the prompt institution of ECT is regarded as potentially lifesaving." Yet loopholes persist that allow Forced Electroshock to continue in America, with little recourse for the victims.   The NCIL Mental Health Task Force urges Congress to compel the FDA to act on Electroshock Device recommendations relating to treatment issues and commit to decreased use of the procedure.  Judicial Nominations   At a time in history when so many vacancies exist for judicial appointments, it is more important than ever that the most qualified candidates be nominated by the President and affirmed by Congress.   NCIL supports the nomination and confirmation of federal judges with disabilities and those who respect the ADA and the civil rights of people with disabilities. NCIL urges the Senate to ask nominees tough questions on judicial philosophy on the civil rights of people with disabilities. ADA Notification Act Yet to be Introduced in the 112th Congress   As we have seen in the past, some form of an ADA Notification Act bill may be introduced with less support each session. This bill would impede ADA enforcement by forcing people to provide written notice to a public entity 90 days prior to filing a complaint.   More than twenty years after the passage of the ADA, it is unacceptable for public entities to seek safe haven from our most important civil rights law.   NCIL has vehemently opposed each introduction of this bill on the grounds that civil rights are intrinsic to all Americans; a violation of which cannot require ‘notification’ prior to occurrence. States should address problematic issues within state law; not create additional Federal law that cannot be enforced.      Independent Living and Reauthorization of the Rehabilitation Act   The Rehabilitation Act is an important civil rights law that prohibits discrimination on the basis of disability in all activities of the Federal government and any entities receiving funding from the Federal government. The Act has not been reauthorized since 1998.   The Act establishes the Independent Living Program, an exceptionally unique solution to persistent obstacles facing the disability community and the nation as a whole. Centers for Independent Living and Statewide Independent Living Councils are grassroots, advocacy-driven organizations run by and for people with disabilities that focus on civil rights, empowerment, and inclusion.   The Rehab Act needs to be reauthorized immediately with amendments that maximize the impact and potential of the Independent Living Program. Based on recent trends toward conservative interpretation of the Rehabilitation Act, it is imperative that the following provisions be included in reauthorization.   NCIL proposes to redirect funds that support the IL Unit at RSA to the Independent Living Administration. This would elevate the Independent Living Program from its current subordinate role by establishing an autonomous, independent, consumer-controlled administration with the purpose of building the Independent Living Program at the federal level so that it can more effectively support the Independent Living network nationally. The infrastructure of the Independent Living Administration would be grounded in the Independent Living philosophy of consumer control so that a majority of individuals involved would be people with disabilities who have experience in Independent Living services.   Suggested Amendments for Centers for Independent Living: -Funding Formula Change: Part C dollars are the funds funneled through RSA that support Centers for Independent Living. S. 1021 (109th Congress) included legislation that would enable all new Part C dollars to be shared among all states and territories. States with the largest populations would receive more funding proportionally. NCIL suggests changing the funding formula to equally distribute some funds and proportionately distribute others. -Carryover: CILs should be allowed to carry over unspent Part C funds into a second year, despite the fact that CILs are “forward funded”. -Grandfathered Centers: Centers that receive Part C funding and meet the standards and assurances should not need to re-compete for grants if they received Part C funding prior to the first year of reauthorization, but should be grandfathered into the system.  -5th Core Service: Creation of a fifth core service to transition people with disabilities from institutions into the community. -Satellite / Branch Offices: Allow for the utilization of satellite / branch offices to meet the need of providing services statewide. -Transitional Living: Clarify transitional living to expand from 60 days to six months.   Modify the language regarding Statewide Independent Living Councils (SILCs) to address the lack of clarity about: -The Council appointment process -The autonomy of the SILC within the State -Who has voting rights -Who elects the chairperson -Ex-officio non-voting members   The functions of the SILC should include:  -Facilitating the improvement and coordination of services provided to individuals with disabilities by Centers for Independent Living, the Designated State Unit, and other agencies and organizations; -Giving SILCs and CILs co-signatory authority over the SPIL to ensure consumer control; -Providing leadership and support to maximize the empowerment, leadership, independence, and productivity of individuals with disabilities through systems advocacy, resource development, training and technical assistance, and other strategies outlined in the SPIL; -Collaboratively supporting and facilitating the development of the statewide network of Centers for Independent Living through the implementation of the SPIL; -Promoting the IL philosophy at the state level in collaboration with the CILs; -Resource development activities to obtain funding to support the activities of CILs and SILCs, and; -Other functions, including but not limited to systems advocacy.   Independent Living Administration (ILA)   People with disabilities are the best equipped to oversee programs that assist them. Consumer control works effectively at the state and local level and should now be implemented at the federal level by giving people with disabilities governance of the Independent Living Program. NCIL proposes the creation of an Independent Living Administration (ILA) that will administer and monitor the IL Program in America. The Administration should consist of a consumer controlled Commission and would:   -Direct the Commissioner to coordinate with NCIL, CILs, and SILCs to promote Independent Living; -Have a Commissioner hired by the consumer controlled ILA Commission; -Establish an appeal process for the State Plan for Independent Living; -Establish a “career ladder” to facilitate movement of qualified CIL and SILC staff to the ILA; -Provide for direct funding of SILCs unless specified otherwise in the SPIL; -Utilize a “Peer Review” process for quality improvement for SILCs and CILs; and -Fund a training and technical assistance division.   The Independent Living Program   The National Council on Independent Living is the oldest cross-disability, national grassroots organization run by and for people with disabilities. NCIL's membership includes people with disabilities, Centers for Independent Living, Statewide Independent living Councils, and other disability rights organizations.   As a membership organization, NCIL advances Independent Living and the rights of people with disabilities through consumer-driven advocacy.   Centers for Independent Living are community-based, cross-disability, non-profit organizations that are designed and operated by people with disabilities.  CILs are unique in that they operate according to a strict philosophy of consumer control, wherein people with all types of disabilities directly govern and staff the organization.   Centers for Independent Living Provide: -Peer Support -Information and Referral -Individual and Systems Advocacy -Independent Living Skills Training   America is home to: -403 Centers for Independent Living (CILs) -330 branch offices -56 Statewide Independent Living Councils (SILCs)   In Fiscal Year 2010, Centers for Independent Living: -Moved 3,752 people out of nursing facilities and institutions, saving state and federal governments millions of dollars; -Provided Information and Referral services to 997,082 people with disabilities; -Served 49,761 consumers over the age of 60; and -Helped 37,904 people with disabilities complete all goals set.     Convention on the Rights of Persons with Disabilities (CRPD)   The Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty elaborating the human rights of people with disabilities.  The treaty does not create new or different rights for people with disabilities, but rather addresses existing human rights in the context of disability.  The treaty's standards exceed those currently found in many countries.  However, for those countries with national laws that are stronger than the CRPD, the treaty cannot be used to weaken those laws.    Indeed, the CRPD fully encourages the strengthening of national protections where appropriate.  The treaty addresses equality and non-discrimination, and the right of access for people with disabilities in such areas as education, healthcare, and community life.  In the same way that groundbreaking U.S. laws such as the ADA and IDEA have achieved major societal changes domestically, the CRPD is changing the world for people with disabilities in countries around the world.  Ratification   President Obama ordered the United States to become a signatory to the treaty on the 19th Anniversary of the ADA in 2009.  The next step is ratification, which would make the U.S. a full party to the treaty and legally bound to uphold its treaty obligations.  The Administration has been studying the treaty in order to send it to the U.S. Senate for its advice and consent for U.S. ratification.  The treaty will not be included in the Senate's agenda until it is formally submitted by the Administration in what is known as a "transmission package."  That document will provide Senators with an analysis of how U.S. law and policy currently comply with the treaty, and identify any areas where the U.S. may need to file a "reservation, understanding or declaration" regarding its obligations.  This period of study of the treaty by the Administration is occurring now, and treaty advocates expect to see announcement of its completion and movement forward toward ratification by the Administration soon. The engagement of the U.S. disability community in the ratification process will become especially critical once the Senate has received the Administration's transmission package.  NCIL supports United States ratification of the CRPD, and is working with disability organizations to raise awareness and understanding of this treaty.    NCIL and a number of CILs are members of the U.S. International Council on Disabilities, which is conducting an education and outreach campaign about the CRPD and provides resources on its website: www.usicd.org.  The USICD education and outreach campaign provides a volunteer speakers bureau service connecting CRPD presenters to diverse audiences about the treaty via teleconference, in person, or in other venues.  Those interested in partnering to host a presentation are encouraged to contact USICD at info@usicd.org.         Healthcare and Long-Term Services and Supports Healthcare   NCIL has been very involved and supportive of the Patient Protection and Affordable Care Act (PPACA) since its inception, and we will continue advocating for ending discrimination in the insurance market, and creating affordable, comprehensive insurance options that meet the needs of people with disabilities, and finally addressing the long-term care crisis in our nation. NCIL strongly supports maintaining the following provisions:   1. Community First Choice Option (CFCO) 2. Community Living Assistance Services and Supports (CLASS) Program 3. Accessible Diagnostic Equipment 4. Maintenance of Effort for State Medicaid Programs 5. Health Insurance Market Reforms -Prohibition of pre-existing condition exclusions from coverage -Prohibition of discriminatory premium rates based on health status -Guaranteed issuance and renewability of coverage: all who apply must be accepted and maintained -Prohibition of discrimination in coverage; no eligibility requirements can be made by health insurers based on disability, health history or status, genetic information or claims experience    Furthermore, over 50 pieces of legislation have been proposed to undo the hard work that advocates have accomplished over the years. NCIL members strongly oppose any legislation that attempts to repeal, circumvent, or weaken these provisions of the PPACA. Ending the Institutional Bias   NCIL strongly endorses mandating a National Home- and Community-Based Service for people with disabilities. Advocates have worked for decades to end the institutional bias in our country and we have made tremendous progress, from state-based Medicaid waivers to subsidized housing, but it is not enough.   Currently, every state that receives Medicaid is required by law to provide nursing facility services, but community-based services remain optional, leaving them open to funding cuts year after year as institutions remain prosperous. As a direct result, millions of seniors and people with disabilities are forced into institutions to receive medical or personal assistance services.    As long as home and community-based services are optional, they will be threatened with funding cuts year after year. Institutional services are mandatory. States cannot cut their funding during an economic downturn (like we are currently experiencing), clearly demonstrating an institutional bias.   We need legislation that requires states to offer community-based supports for Medicaid / Medicare-eligible consumers who want to stay in or return to their homes and communities. It will provide a real alternative to institutional care that many states lack and save Medicaid billions of dollars per year.    Genworth Financial released its 2011 Cost of Care Survey, which analyzed data from more than 15,500 nursing facilities and other long term care providers. In 2011, the average rate for nursing facilities increased 5.7%, while the rate for personal care assistance increased by 0%.    NCIL urges Congress to work with advocates and people with disabilities to develop legislation that ends the institutional bias and stops the shameful pillaging of taxpayer dollars and the civil rights of Americans with disabilities. The Fairness in Medicare Bidding Act (Legislation to End Competitive Bidding) H.R. 1041   The Centers for Medicare and Medicaid Services (CMS) created a competitive bidding program for purchasing Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS). The program establishes rates for certain categories of equipment. It was intended to cut costs and reduce billing discrepancies, as DME has long been a hotspot for Medicare fraud. It has instead resulted in people being unable to find local providers and delays in deliveries that have lengthened hospital stays and driven up costs. In 2008 the program was delayed, but resumed stage one in 2011. The Competitive Bidding program is already in place in: -Cincinnati; Middletown (Ohio, Kentucky and Indiana) -Miami; Fort Lauderdale; Pompano Beach (Florida) -Riverside; San Bernardino; Ontario (California) -Charlotte; Gastonia; Concord (North and South Carolina) -Dallas; Fort Worth; Arlington (Texas) -Orlando (Florida) -Pittsburgh (Pennsylvania) -Cleveland; Elyria; Mentor (Ohio) -Kansas City (Missouri and Kansas)   With the introduction of H.R. 1041 and pressure from advocates, Congress delayed round two implementation until the summer of 2013, which NCIL welcomed! Because of competitive bidding, vendors have been eliminated from doing DMEPOS business with CMS. Currently, individuals living in the affected areas have been limited to choosing from only one or two vendors. As this expands in 2013 to 100 of the largest metropolitan statistical areas with the requirement to use of competitively bid prices in all areas by 2016, we’re going to see more and more people with disabilities affected, especially in the rural areas of our nation.   For this reason NCIL supports H.R. 1041, a bill to repeal the Medicare competitive acquisition program for DMEPOS.   Employment and Economic Empowerment   The Obama Administration’s budget proposal for Fiscal Year 2012 included a major proposal for a Social Security Work Incentives Simplification Pilot (WISP) to provide beneficiaries a simpler set of work rules that no longer terminate benefits based solely on earnings.   NCIL strongly recommends that any new work incentives overhaul include internal Social Security reform that finally stops chronic overpayments to Social Security disability beneficiaries, especially to beneficiaries who return to work or start work for the first time.   Social Security must seriously upgrade how it processes wage reporting on a monthly basis in the Title II (SSDI), Title XVI (SSI) and Title XIX (Medicaid) programs in partnership with the Centers for Medicare and Medicaid Services.    NCIL members nationwide propose and request that the Social Security Office of Operations, in partnership with the Social Security Office of Employment Support Programs, establish a basic, thorough, and public set of guidelines by July 2012 that prescribes a business model partnership between local Social Security Field Offices, Social Security Work Incentives Planning and Assistance (WIPA) grantees and those who interact with processing Social Security Title II, Title XVI and Title XIX work incentive rules.   The new guidelines and procedures must be put into place in a manner that is efficient, accessible, easy to use, and creates a predictable process between WIPA Community Work Incentives Coordinators (CWICs), benefits planners, beneficiaries, Employment Networks, vocational rehabilitation counselors, employers, family members, and Social Security Field Office staff. NCIL members can assist SSA and CMS with shaping and implementing these critically needed guidelines and procedures.     National public policy on employment and disability remains stuck in a morass of confusing program rules and conflicting objectives. The high rate of poverty linked to disability is unacceptable on moral and economic grounds. We must work to uncouple and demystify the conflicting goals of today’s disability benefit and health coverage programs.   NCIL continues to support the creation of an Employment Support Insurance (ESI) program that would provide health coverage through new models of Medicare, benefits planning services, and referrals to employment support services. Employment Support Insurance is the missing policy link between breaks in employment, worker’s compensation and today’s Social Security disability programs. ESI would be similar to the social insurance model SSDI uses now, with FICA payroll deductions to fund some of its services. ESI would provide needed supports that are now missing between jobs, or when seeking employment and receiving SSI or SSDI.   For those who show they are unable to work, the current SSDI program would maintain its earnings replacement components under an improved Earnings Replacement Insurance (ERI) program. Medicare coverage would be available right away in a new ERI program. The ESI program would provide income support, health coverage, benefits planning, and referral services to people transitioning off the ERI program when returning to work.   This ESI and ERI two-plan model protects the life-saving aspects of current disability insurance systems while addressing their gross deficiencies.   NCIL seeks Administration and Congressional focus on the following: -Establish by Executive Order a Commission on People with Disabilities, Employment, Economic Empowerment and Social Security that will present a concrete set of proposals to increase the employment rates and asset building potential of veterans and civilians with disabilities. -Reauthorize Medicaid Infrastructure Grants (MIGs), which promote support-infrastructures and increase Medicaid Buy-Ins for workers at the state level, and take new steps to develop a single, easy to use national Medicaid Buy-In with a minimum threshold set of worker earnings and asset-building provisions. -Reauthorize by October 2011, improve, and double the funding for the Work Incentives Planning and Assistance (WIPA) grants to include their increased use of online tools. Each current WIPA benefits counselor has a potential caseload of 5,000 Social Security disability beneficiaries who are taking concrete steps to seek work, an impossible caseload by any standard. -Continue to Expand the Disability Program Navigator initiative at One Stop Career Centers through the Department of Labor and work towards permanent codification of the DPN initiative via reauthorization of the Workforce Investment Act of 1998 (WIA).   Protecting and Expanding Our Housing Opportunities   NCIL supports initiatives to increase accessible, affordable, healthy / non-toxic, decent, safe and integrated housing. NCIL is a cross-disability organization and applies the term accessible broadly, emphasizing physical accessibility, accommodations for persons with sensory (visual or hearing), emotional, developmental and intellectual disabilities, and persons with chemical and electrical sensitivities.   The need for housing that accommodates a wide-range of disabilities is increasing due to community living options replacing costly and unjust institutionalization, many veterans returning with disabilities, the high rate of homelessness among people with disabilities, and the aging of the population. Appropriations   As of publication of this document, the appropriations discussion in Congress has become very contentious. NCIL believes that programs serving communities have been enormously beneficial to people with disabilities, and is opposed to cuts in programs such as:   -Community Development Block Grants and HOME -Project-based Housing -Public Housing -Housing and programs for people who are homeless -Housing Choice Vouchers (including those for persons with disabilities)   In addition, NCIL supports the efforts of the Department of Housing and Urban Development to transform its programs and create sustainable neighborhoods with input from NCIL and other organizations.  National Housing Trust Fund   The National Housing Trust Fund was created in 2008 with funding intended to originate from Fannie Mae and Freddie Mac. After the real estate market crash, the future of both agencies are uncertain.   The National Housing Trust Fund, and the funding for it, has been a NCIL legislative priority for years. The National Housing Trust Fund will create and preserve housing for the lowest income people in our country, which disproportionately includes households with a member who has a disability. There is currently a proposal to fund the National Housing Trust Fund in the Preserving Homes and Communities Act of 2011 (see below).   Unfortunately, there are also attempts to abolish the National Housing Trust Fund, with a bill proposed by Representative Royce (R-CA). NCIL opposes any attempts to abolish the Trust Fund. Preserving Homes and Communities Act of 2011 H.R. 1477 and S. 489   The Act would provide some additional protections to homeowners facing foreclosure by requiring the lender to make their best effort to assist the homeowner with loan modifications and alternative options to foreclosure. It would also prohibit the lender from proceeding with the foreclosure as the borrower tries to modify the mortgage. It would also establish mediation programs through HUD grants for those facing foreclosures. The Act would fund the National Housing Trust Fund with $1 billion using the sale of assets (stocks) acquired by the Treasury Department through the Troubled Asset Relief Program.   Inclusive Home Design Act Yet To Be Introduced in the 112th Congress   The Inclusive Home Design Act requires that newly constructed, federally assisted single family houses and town houses include at least one level that complies with accessibility features for persons with mobility disabilities including: accessible entrance, accessible interior doors, accessible environmental controls, and accessible habitable space and an accessible bathroom.   These features will make housing available to persons with mobility disabilities, prevent unnecessary expenses for renovations, and will allow seniors to age in place, negating the need for costly institutionalization. Section 8 Voucher Reform Act H.R. 1209   NCIL understands the need to simplify the Section 8 program in a manner that is cost-effective for the federal government and does not result in increased rental payments for a majority of tenants. SEVRA is intended to simplify the rules concerning the Section 8 Housing Choice Voucher program. While NCIL supports many of the reforms, we are very concerned that some changes that would have a negative impact on people with disabilities.   In particular, the expansion of the “Moving To Work” program, now titled “Housing Innovations Program”, would more than double the number of Public Housing Authorities that would have the flexibility to ignore many of the existing regulations. NCIL is concerned that those changes can negatively impact households with a member with a disability. HUD has never fully evaluated the current Moving to Work agencies, so it is NCIL’s position that until a thorough evaluation has taken place, there should be no expansion under the Housing Innovations Program.   There are several work disincentives in the SEVRA bill, including replacing the Earned Income Disregard for people returning to work after receiving benefits for at least 12 months. In addition, the reductions in the income adjustments for unreimbursed medical expenses have the potential to make subsidized rent unaffordable for many seniors and persons with disabilities   NCIL believes that while this bill was well-intentioned and had the potential to achieve many of its stated goals, the people who can least afford it would be impacted negatively. Our initial analysis shows that some people with disabilities receiving housing assistance will see their portion of the rent increase. NCIL will continue to analyze this newly introduced bill for further details. Achieving a Better Life Experience (ABLE) Act Yet to be Introduced in the 112th Congress   NCIL supports provisions of the ABLE Act, which would permit ABLE accounts to be used for housing expenditures such as home modifications, assistive technology and other tools that empower persons with disabilities to remain in their homes.     Transportation: The Lynchpin to Independence   Lack of transportation is one of the most significant barriers facing people with disabilities, dramatically interfering with independence, full societal participation and proper implementation of the 1999 Supreme Court Olmstead decision.   Economic competitiveness and success in the 21st Century is dependent upon revolutionary ideas and solutions providing Americans with accessible transportation options that connect our cities, regions, and rural areas. The goal of NCIL’s Transportation Committee is to promote the inclusion of individuals with disabilities into society by designing accessible transportation systems and encouraging pedestrian safety.   When America honors the equal access intent of the Americans with Disabilities Act by ensuring accessible and affordable public and private transportation, people with disabilities will have the same travel options available to everyone else, allowing them to attend school, maintain employment, travel within any community of their choice (including rural America), and fully participate in the American Dream.   NCIL endorses legislation supportive of: -pedestrian safety, -accessible right-of-ways, -and a federal standard requiring all taxi fleets in America to be wheelchair accessible as soon as feasibly possible.   NCIL encourages the Access Board to develop and adopt a minimum standard of universal design for all taxicabs and other vehicles utilized by the transportation industry.   The Transportation Committee supports: -The Complete Streets legislation, which requires all federally-funded transportation projects to use the “complete streets principles,” which provide safety and convenience standards. By establishing compliances standards, all users, including people with disabilities, will have better access to transportation and increased independence. -The reauthorization of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA), which provides funds for highways, highway safety and transit programs, and paratransit, including fixed route and demand responsive services. Reauthorization of this legislation is critical to providing equal access to public transportation in accordance with the ADA.   Education   All students with disabilities have the right to an equal education. Furthermore, students with disabilities must be assured a high quality education that provides the opportunity to acquire the same knowledge and skills as their peers through participation in the general curriculum and access to teachers qualified to teach students with diverse learning needs.   Implementation and enforcement of the Individuals with Disabilities Education Act (IDEA) and the Elementary and Secondary Education Act (ESEA) must be improved. Reauthorization of ESEA provides Congress with the opportunity to reaffirm and strengthen provisions that will ensure that all students receive a quality education.  Specific items that need strengthening include: -Empowerment of students with disabilities with information about education rights, services and expectations -Integration of academic instruction, school activities, and planning to promote successful transition from school to adult life -Accountability standards focused on improving the graduation rate of students with disabilities -Integration of IDEA, ESEA and Section 504 of the Rehabilitation Act requirements -Development of standards to ensure all students have full, meaningful access to quality instruction in the regular curriculum -Assessment programs aligned with the curriculum and used as a means to make schools accountable to students and their families -Requirements for disaggregation of assessment data and use of the data to improve educational opportunities Keeping All Students Safe in School Act H.R. 1381   After the Government Accountability Office (GAO) reported widespread misuse of restraint and seclusion, bipartisan legislation was introduced to curb the abuse of students with disabilities in our nation’s schools.   The bill will impose a floor of protections against the use of restraints and seclusion for students. IDEA Fairness Restoration Act H.R. 1208 and S.613   This legislation will allow students and parents to recover expert witness fees in IDEA due process hearings and litigation.     Available and Accessible Technology   NCIL strongly advocates for access to mainstream and assistive technologies (AT) that enable and enhance independence for people with disabilities through supporting the principles of universal design, inclusion, consumer control, and peer support as they apply to the use, development and delivery of technology. People with disabilities are best served by available and affordable “hands on” exposure to technology. NCIL encourages the use of universal design to make technology inclusive and accessible to people with disabilities and supports efforts that develop and enforce access standards.   NCIL urges Congress to: -Monitor proposed regulations to the Twenty-first Century Communications and Video Accessibility Act (P.L. 111-260) to comport with Congressional intent. -Ensure that federal and state deployment of health care technology systems are based on the fundamental principles of accessibility, usability, and affordability for people with disabilities. Assistive Technology Act    NCIL supports funding of the Assistive Technology Act because it assists consumers in learning about, experimenting with, and acquiring assistive technology in pursuit of their independence. Seven years after the 2004 amendments, 21% of State AT Programs (not including territories) are not receiving the $410,000 minimum grant award authorized in the Act and 73% receive less than $500,000. Given this limited funding, many states have limited or no alternative financing program and all face challenges maintaining a current and comprehensive inventory. Every state and territory needs a strong set of state-level activities including alternative financing, device reuse, loan, and demonstration.   Veterans’ Issues   NCIL supports efforts to provide all Veterans and their families with services and benefits in the most effective and efficient manner possible in recognition of their service and sacrifice. These efforts must create partnerships between the VA and community-based organizations like Centers for Independent Living in planning and providing services to veterans in their communities. Specifically, NCIL supports: -Reform by the VA and Congress to the Veterans Benefits Administration (VBA) claims process to ensure consistency, true reforms with timely processing, and adjudication of claims. -A focus by the Department of Defense (DoD), VA, and Congress to provide proper supports for veterans who have PTSD, Traumatic Brain Injury, and Mental Health issues as a result of service. -Transition from military to civilian life involves the veteran’s ability to work competitively. Congress must provide funding for education, employment, and training programs to meet increasing needs. -Congress must ensure that the Veterans Health Administration (VHA) receives appropriate and sufficient funding for veterans’ healthcare while sustaining quality and satisfaction. Continued expansion of community based living options such as Veterans Directed Home and Community Based Services, Medical Foster Homes, and the Family Caregivers Act are encouraged. The focus on providing options for Homeless Veterans is a must. -Congress must ensure that existing benefits received by veterans and their families are not reduced. In addition, there should be no reduction in future benefits for veterans and their families.   Legislation NCIL Supports: -Preserving Homes and Communities Act (H.R. 1477 and S. 489) -Fairness in Medicaid Billing Act (H.R. 1041) -IDEA Fairness Restoration Act (H.R. 1208 and S. 613) -Achieving a Better Life Experience (ABLE) Act -Community Choice Act -Ending the Medicare Waiting Period Act -Medicare Independent Living Act -Inclusive Home Design Act -Complete Streets Act -Pedestrian Safety Enhancement Act Reauthorization of: -Rehabilitation Act, with increased funding for Independent Living -Safe, Accountable, Flexible, Efficient Transportation Equity Act -Twenty-first Century Communications and Video Accessibility Act -Assistive Technology Act -Violence Against Women’s Act   Legislation NCIL Opposes: -ADA Notification Act (H.R. 2397) -Medicaid Block Granting -Repealing the Job-Killing Health Care Law Act and related measures (H.R. 2) -State Flexibility Act (S. 868) -CAP Act (Global Spending Cap) (S. 245) Founded in 1982, the National Council on Independent Living is one of America’s leading and the oldest cross-disability, national grassroots organization run by and for people with disabilities. We represent Centers for Independent Living (CILs,) Statewide Independent Living Councils (SILCs,) and other disability rights organizations serving hundreds of thousands people with disabilities in every state and territory of the country.   Mission: As a membership organization, NCIL advances Independent Living and the rights of people with disabilities through consumer-driven advocacy.   Vision: The National Council on Independent Living envisions a world in which people with disabilities are valued equally and participate fully.   The National Council on Independent Living   1710 Rhode Island Ave, NW / Fifth Floor Washington, D.C. 20036 voice: (202) 207-0334 fax: (202) 207-0341 tty: (202) 207-0340 website: www.ncil.org email: ncil@ncil.org