National Council on Independent Living Legislative & Advocacy Priorities Summer 2010 Dear Advocates and Allies, I am pleased to announce the release of the summer edition of National Council on Independent Living’s 2010 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. NCIL 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. 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 -The Independent Living Program -Independent Living and Reauthorization of the Rehabilitation Act -Independent Living Administration -Civil Rights and the Americans with Disabilities Act --ADAAG Rulemaking --Judicial Nominations --ADA Notification Act --Voting Integrity and Verification Act --Community Mental Health Services Act -Healthcare and Ending the Institutional Bias --Community Choice Act --Ending the Medicare Waiting Period Act --Competitive Bidding --Medicare Independent Living Act -Accessible, Affordable, Non-Toxic, Integrated Housing -National Housing Trust Fund --Frank Melville Supportive Housing Investment Act --Inclusive Home Design Act --Section 8 Voucher Reform Act (SEVRA) --Achieving a Better Life Experience (ABLE) Act -Employment and Economic Empowerment -Transportation: The Lynchpin to Independence --Complete Streets Act --Allowing Local Control of Federal Transit Funds Act --National Transportation Objectives Act --Pedestrian Safety Enhancement Act --Safe, Accountable, Flexible, Efficient Transportation Equity Act -Education --Preventing Harmful Restraint and Seclusion in Schools Act -U.N. Convention on the Rights of Persons with Disabilities -Available and Accessible Technology --Twenty-first Century Communications and Video Accessibility Act --Assistive Technology Act -Veterans’ Issues -Appendix --Legislation NCIL Supports and Opposes  The Independent Living Program America is home to: -391 Centers for Independent Living -330 branch offices -56 Statewide Independent Living Councils 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. From 2004 – 2008, Centers for Independent Living: -Moved 11,451 people out of nursing facilities and institutions, saving state and federal governments over $200 million; -Provided the core services of advocacy, information and referral, peer support, and independent living skills training to over 3 million individuals with disabilities; and -Attracted over $618 million through private, state, local and other sources annually. In that same period, CILs provided other services to over 659,000 people with disabilities, including assistance with housing and transportation, personal assistants, employment, and technology. Funding: The average Center receives only $218,000 per year in Federal funds, and provides direct services to over 7,600 and systemic advocacy for over 138,000 people with disabilities.  Centers need Title VII Part C funding increased by at least $100 million.   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. Suggested Amendments for Centers for Independent Living: -The Rehabilitation Services Administration (RSA) Must Be Consumer-Controlled: The idea of Consumer Control should be applied at the federal level by giving people with disabilities a direct voice over the governance of the IL Program. Title VII should be amended to include the establishment of a consumer-controlled Council to oversee the agency, direct activities, and to hold the commissioner and entire agency accountable to people with disabilities and the taxpayer. -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.  Modify the language regarding SILCs to address the lack of clarity about: -The council appointment process -The authority of the SILC within the State -A built-in appeals process to resolve disagreements -Co-signatory authority on the SPIL in conjunction with the state’s CIL designee -Who has voting rights -Who elects the chairperson -Ex-officio non-voting members The function 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; -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 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 Independent Living Program in America. The Administration should consist of a consumer controlled Commission with a minimum of 67% people with disabilities, 3 appointed by the President, 3 by the Senate, and 3 by the House. The ILA would: -Direct the Commissioner to coordinate with NCIL, CILs, and SILCs to promoting 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 using newly appropriated monies -Utilize a “Peer Review” process for quality improvement -Provide funding for a training and technical division, and establish minimum funding level for CILs and SILCs For Centers for Independent Living, the ILA would: -Change the funding formula to equally distribute some funds and proportionately distribute others -Allow CILs to carryover unexpended funds from one year to the next -Stop forcing established CILs to compete for funding every year by grandfathering through statute -Allow for the utilization of satellite offices to meet the need of providing services statewide -Provide funding for the 5th core service of institutional transition services. -Clarify “transitional living” For Statewide Independent Living Councils, the ILA would: -Direct SILCs to promote the IL philosophy at the state level in collaboration with the CILs -Clarify the role of the SILC to include 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 -Direct the SILC to collaboratively support and facilitate the development of the statewide network of Centers for Independent Living through the implementation of the SPIL -Clarify SILC duties to include resource development, advocacy, and other activities as the Council deems appropriate, consistent with the Independent Living Act -Give SILCs and CILs co-signatory authority over the SPIL to ensure consumer control. Civil Rights and the Americans with Disabilities Act ADAAG Rulemaking NCIL supports examination of the rulemaking process for adopting the Standards for Accessible Design under the ADA. The Department of Justice held an extremely rushed comment period in 2008 as part of the process of adopting radical departures from long-standing positions. NCIL has many concerns, including the definition of service animals, access to recreational spaces, a requirement to attest in writing to disability, and new “safe harbors”. The DOJ has worked on this rulemaking for years and should not short circuit the process by finalizing a rule without the public give and take necessary to implement changes of this magnitude. Another comment period of at least 90 days is needed. Judicial Nominations 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 H.R. 2397 This bill would impede ADA enforcement by forcing people to provide written notice to a public entity 90 days prior to filing a complaint. 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 vehemently opposes this bill on the grounds that civil rights are intrinsic to all Americans; a violation of which cannot require ‘notification’ prior to occurrence. Instead of reducing ADA violations outrageously deemed "frivolous" lawsuits, this bill will tie up the court system with unnecessary extensions on clear violations of Federal law. States should address problematic issues within state law; not create additional Federal law that cannot be enforced.  Voting Integrity and Verification Act S. 48 This bill would require new voting systems to provide a voter-verified permanent record and would promote development of improved accessible voting machines. While the Department of Justice must better monitor and enforce the accessibility standards in the polling place, NCIL supports efforts to spur competition and strongly urges Congress to work toward an accessible, verifiable voting system. Community Mental Health Services Act H.R. 1011 H.R. 1011 amends the Public Health Service Act to require the Substance Abuse and Mental Health Services Administration (SAMHSA) to award grants to projects that focus on mental illness, provide funding for integrated treatment, and provide mental health services in underserved areas.   Healthcare and Ending the Institutional Bias   After decades of attempts to fix the healthcare system, Congress passed and President Obama signed into law the Patient Protection and Affordable Care Act (PPACA). NCIL was instrumental in the creation and passage of this landmark legislation, which addressed many of our legislative priorities. We are pleased that the PPACA includes a number of provisions that benefit people with disabilities, including the Community First Choice Option (not to be confused with the Community Choice Act); the Community Living Assistance Services and Supports (CLASS) program; Promoting Wellness for Individuals with Disabilities (which will create standards for accessible examination and diagnostic equipment); and health insurance market reforms. NCIL applauds efforts to end discrimination against people with pre-existing conditions, create options for a more comprehensive private insurance market, and tax deductions that allow people to afford these options. While we celebrate this comprehensive legislation being signed into law, much work remains to be done. The implementation and administration phase of reform is already taking place, and will continue for years to come. States will be tasked with implementation and administration, and it is important that advocates stay current and speak up for the changes that effect people with disabilities.  While the legislation was comprehensive, there are several NCIL priorities that were not addressed and remain desperately needed. The following healthcare bills are critical to the health and independence of people with disabilities. NCIL urges members of Congress to support disability rights by tackling the following barriers to independent living. Finally, NCIL would like to thank legislators that voted in favor of the PPACA legislation, and encourages everyone to do there part at the state level to ensure that the healthcare and long-term care needs of people with disabilities are met. Community Choice Act H.R. 1670 and S. 683 NCIL strongly endorses the Community Choice Act. The Community First Choice Option is a step toward ending the crisis the institutional bias in Medicaid has created, 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.  The Community Choice Act requires states to offer community-based supports for Medicaid-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 recently released its 2009 Cost of Care Survey, which analyzed data from more than 14,000 nursing facilities and other long term care providers. In 2009, the average rate for nursing facilities increased 4.5%, while the rate for personal care assistance only increased by 0.5%. NCIL urges Congress to pass the Community Choice Act immediately in order to stop the shameful pillaging of taxpayer dollars and the civil rights of Americans with disabilities by the nursing home lobby. Ending the Medicare Waiting Period Act H.R. 1708 and S. 700 NCIL supports elimination of the 24-month Medicare waiting period.  If a person qualifies for Social Security Disability Insurance, they are by definition disabled and usually in need of medical attention. This bill will immediately eliminate the two year waiting period for those that need immediate, life-saving medical attention. For those without a life-threatening condition, the waiting period will be eliminated within 10 years of enactment.  Currently, there are about 600,000 Americans with significant disabilities who have no insurance and go without healthcare. Many go into debt, are forced into bankruptcy, or die while waiting the required two years for Medicare coverage to begin after they are deemed eligible for Social Security Disability.  Twelve percent of people in the Medicare waiting period die each year while waiting for coverage to begin. This practice must stop. Death and illness do not wait on bureaucracy. H.R. 1708 is currently in the Railroads, Pipelines, and Hazardous Materials Committee and S. 700 has been referred to the Finance Committee. Competitive Bidding H.R 3790 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. CMS says the program seeks to reduce costs and prevent fraud and abuse to Medicare, and will save consumers money by requiring all vendors in target areas to meet CMS’s eligibility, quality and financial standards. In 2008 the program was delayed, but again resumed stage one in 2009. Because of this, NCIL supports H.R. 3790, a bill to Amend part B of Medicare to repeal the Medicare competitive acquisition program for DMEPOS in a budget neutral manner. Medicare Independent Living Act H.R. 3184 and S.1186 The Medicare Independent Living Act will eliminate an incorrect and devastating interpretation of the “In-Home Rule” by the Centers for Medicare and Medicaid Services (CMS). Medicare’s mobility device benefit has never been generous.  In fact, Medicare will only provide wheelchairs and scooters to those beneficiaries who need them to eat, bathe, groom, dress, or use the bathroom inside their home.  In many communities, CMS takes a hard line on the issue and insists that if the provided medical device is used outside the home, the recipient is no longer entitled to the device.  The current rule prevents beneficiaries from living independently by returning to work or school, regaining self-sufficiency, accessing their place of worship, the voting booth, and the homes of family and friends.  Medicare continues to pursue such myopic and irrational policies that genuinely harm beneficiaries in the name of reducing fraud and abuse.  NCIL calls on CMS to address Medicare’s restrictive “In-Home Rule” policy, which was originally meant to define durable medical equipment as devices provided outside an institution, hospital, or nursing facility, which therefore warranted separate reimbursement under Medicare Part B. Accessible, Affordable, Non-Toxic, Integrated Housing   NCIL supports initiatives to increase accessible, affordable, healthy / non-toxic 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 separated/protected housing for 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. NCIL supports increased funding for programs including: -Community Development Block Grants -Housing Choice Vouchers for persons with disabilities -Choice Neighborhoods -Project-based Vouchers National Housing Trust Fund Congress created the National Housing Trust Fund in 2008 with directed funding to come from Fannie Mae and Freddie Mac. Unfortunately, the economic crisis has suspended the funding, with no prediction on when the funding will finally happen. President Obama has proposed in FY10 to fund the Housing Trust Fund at $1 billion. NCIL applauds this proposal, which will allow the Housing Trust Fund to create and preserve housing for the lowest income people in our country, which disproportionately includes households with a member who has a disability. NCIL urges Congress to support this funding allocation. Currently the House has passed H.R. 4213, which includes funding. Please consult www.nlihc.org for further information. Frank Melville Supportive Housing Investment Act H.R. 1675 and S. 1481 Section 811 is a federal program that assists low-income people with disabilities to live independently in the community by providing integrated affordable rental housing linked with voluntary services and supports. In every level of government, there are efforts to integrate persons with disabilities into their communities, reduce homelessness and reduce unnecessary and expensive institutionalization that is unsuccessful because of the lack of affordable and accessible housing. NCIL supports reauthorizing and improving the Section 811 program by reforming the production program to allow for mixed-finance, mixed-use projects; streamlining the Section 811 processing requirements; and increasing production by authorizing a Section 811 Project Rental Assistance Contract (PRAC) Demonstration program that includes leveraging set-asides of supportive housing units in federal Low Income Tax Credit (LIHTC) properties and HOME-funded projects. H.R. 1675 has passed the House and is currently in the Senate. Inclusive Home Design Act H.R. 1408 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 disabilities including: accessible entrance, accessible interior doors, accessible environmental controls, and accessible habitable space and an accessible bathroom. These features will make this housing available to persons with disabilities, prevent unnecessary expenses for renovations and will allow seniors to age in place, negating the need for costly institutionalization. More House co-sponsors are needed, and a sponsor is needed to introduce the legislation in the Senate. Section 8 Voucher Reform Act H.R. 3045 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. There are too many provisions and changes to include in this summary, and while NCIL supports many of the reforms, we are very concerned that some changes would have a negative impact on people with disabilities. Our government is focused on getting people back to work and 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 and the expansion of the unproven Moving to Work program has the potential of making subsidized rent unaffordable for many seniors and persons with disabilities. Please see NCIL’s position paper at www.ncil.org/news/SEVRA.html for full details. 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 by the proposed work disincentives and income adjustments. Our analysis shows that some people with disabilities receiving housing assistance will see their portion of the rent increase. We urge members of Congress to improve SEVRA by addressing our concerns. Achieving a Better Life Experience (ABLE) Act H.R. 1205 and S. 493 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. Employment and Economic Empowerment   In April 2010, after years of planning, Social Security launched its own major Work Incentives Simplification initiative, which is under discussion with disability beneficiaries and outside organizations. To implement any serious work incentives overhaul and to finally stop chronic SSA overpayments to beneficiaries, Social Security must seriously upgrade how it processes wage reporting on a monthly basis in the Title II (SSDI), Title XVI (SSI) and the Title XIX (Medicaid) programs with their CMS partners (the Centers for Medicare and Medicaid Services).  NCIL members nationwide strongly recommend 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 2011 that prescribes a business model partnership between local Social Security Field Offices, Social Security Work Incentives Planning and Assistance (WIPA) grantees and all who interact with processing Social Security Title II, Title XVI and Title XIX (Medicaid) work incentive rules. The new guidelines must be shaped and put into place by July 2011 on time and online, in a manner that is efficient, accessible, easy to use, and creates working relationships and 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 help shape these critically needed guidelines. We can do this. Yes We Can! National public policy on employment and disability is 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 uncouple and demystify the conflicting goals of today’s disability benefit and health coverage programs. NCIL proposes the creation of an employment support insurance program that would provide health coverage through new models of Medicare, benefits planning services, and referrals to employment support services. Employment Support Insurance (ESI) is the missing policy link between 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 missing between seeking work, 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 Earnings Replacement Insurance (ERI) program. Medicare coverage would be available right away in the 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 two-plan model protects life-saving aspects of current disability systems while addressing their gross deficiencies. The tax code should be reformed to combine, simplify, and expand existing tax credits under a new disabled access credit. The broad definition of disability in the ADA should be used as criteria and be applied to a revised Work Opportunity Tax Credit, making more employers eligible for the credit. On the 20th Anniversary of the ADA, NCIL encourages focus on the following priorities: -Establish by Executive Order a Commission on People with Disabilities, Employment, Economic Empowerment and Social Security, to present a concrete set of proposals to increase the employment rates and asset building potential of veterans and civilians with disabilities. -Prioritize implementation of Schedule A within the Office of Personnel Management and make the federal government a model employer of Americans with disabilities. Representative Edolphus Towns (D-NY) should conduct oversight hearings on federal employment of people with disabilities. -Reauthorize by October 2010, improve, and double the funding for the Work Incentives Planning and Assistance (WIPA) grants to include their increased use of online tools. WIPA benefits counselors have a potential caseload of 5,000 Social Security disability beneficiaries taking concrete steps to seek work, an impossible caseload by any standards. -Reauthorize Medicaid Infrastructure Grants (MIGs), which promote support-infrastructures and increase Medicaid Buy-Ins for workers at the state level, and take steps to develop a single, national Medicaid Buy-In with a minimum threshold set of worker earnings and asset-building provisions. -Reform and expand the use of the SSI Plan for Achieving Self-Support (PASS) program among the 10 million+ recipients of SSI and SSDI based on individual needs and preferences. -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). -Expand outreach on Social Security’s Ticket to Work Program and Social Security’s initiative to directly hire its beneficiaries. Transportation: The Lynchpin to Independence   Transportation is one of the most significant barriers facing people with disabilities and often affects the opportunity to live independently. When America honors the equal access intent of the Americans with Disabilities Act by ensuring accessible and affordable public transportation, people with disabilities will have the same travel options available to everyone else, allowing them to attend school, maintain employment, travel within the communities of their choice, and fully participate in the American Dream. NCIL supports a federal standard requiring all taxi fleets in America to be wheelchair accessible by January 1, 2013 and encourages the Access Board to develop and adopt a minimum standard of universal design for all taxicabs. Complete Streets Act H.R. 1443 and S. 584 The Complete Streets Act 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. Allowing Local Control of Federal Transit Funds Act H.R. 2746 H.R. 2746 increases local transit systems’ flexibility with federal funds through an incentive program. State and local governments will be able to use a percentage of their funds for operations. NCIL supports this bill because it will reduce fare increases and services cuts to public transportation, which is widely used by people with disabilities. National Transportation Objectives Act H.R. 2724 NCIL supports the National Transportation Act, which establishes national transportation objectives to improve transportation system conditions, provide equal access to transportation users in urban, suburban, and rural communities, and set performance standards. This pivotal legislation will implement standard procedures necessary for efficient and reliable public transportation. Pedestrian Safety Enhancement Act H.R. 734 and S. 841 The Pedestrian Safety Enhancement Act requires the Secretary of Transportation to study and report to Congress on the minimum amount of sound that should be emitted from a motor vehicle. Minimal sound requirements will help ensure the safety of pedestrians, especially those with visual impairments and other disabilities. Safe, Accountable, Flexible, Efficient Transportation Equity Act The Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA) authorizes 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 Americans with Disabilities Act.   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 Preventing Harmful Restraint and Seclusion in Schools Act H.R. 4247 and S. 2860 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. This bill directs the Secretary of Education to establish safety standards to prevent inappropriate restraint and seclusion and require training in first aid and effective management techniques that will provide a safe school environment. 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 globally.  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 hope 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 CRPD resources on its website: www.usicd.org.  The USICD education and outreach campaign provides a 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.   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 mainstream and assistive technologies. 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 legislation and efforts that develop and enforce access standards in existing and emerging technology. Twenty-first Century Communications and Video Accessibility Act H.R. 3101 The Twenty-first Century Communications and Video Accessibility Act of 2009 amends the Communications Act of 1934 to include the definition of "disability" as defined under the Americans with Disabilities Act of 1990, "advanced communications" as interconnected VoIP (Voice over Internet Protocol) service, non-interconnected VoIP service, electronic messaging, video conferencing, and other specified terms. Also, it requires that equipment and services for advanced communications be made available to people with disabilities. NCIL supports H.R. 3101, which will make technology accessible to people with disabilities. Assistive Technology Act  NCIL supports funding of the Assistive Technology Act by Congress because it assists consumers in learning about, experimenting with, and acquiring assistive technology in pursuit of their independence.  Six years after the 2004 amendments, 20% (10) of the State AT Programs, not including the territories, have yet to receive the $410,000 minimum grant award authorized in the AT Act.  Many states have no alternative finance programs or limited programs.  By supporting the Assistive Technology Act and increasing its funding, Congress can help people with disabilities.   Veterans’ Issues   NCIL supports legislation to provide expanded services and benefits to all veterans.  NCIL applauds Federal and state efforts to provide better services to returning Operation Enduring Freedom and Operation Iraqi Freedom era veterans and their families in recognition of their service and sacrifice for their country. Specifically, NCIL supports: -Additional Veterans Administration (VA) focus on homeless veterans and their needs. -Continued efforts by the VA and Congress to provide proper care to veterans who have Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) and Mental Health issues as a result of their service. -Legislation that enables Veterans with disabilities to remain in the community-based setting of their choice and improved housing options so veterans with disabilities have viable community options. -Partnerships between the VA and community-based organizations like Centers for Independent Living in planning and providing services to veterans in their communities, in the location of the veteran’s choice. -Implementation of programs to divert veterans living and dealing with PTSD, TBI and other Mental Health issues from the criminal justice system and offer community alternatives. Legislation NCIL Supports: -Community Choice Act, H.R. 1670 and S. 683 -Ending the Medicare Waiting Period Act, H.R. 1708 and S. 700 -A bill to Amend part B of Medicare to repeal the Medicare competitive acquisition program for DMEPOS in a budget neutral manner, H.R. 3790 -Medicare Independent Living Act, H.R. 3184 and S.1186 -Voting Integrity and Verification Act, S. 48 -Community Mental Health Services Act, H.R. 1011 -Frank Melville Supportive Housing Investment Act, H.R.1675 and S.1481 -Inclusive Home Design Act, H.R.1408 -Achieving a Better Life Experience (ABLE) Act, H.R. 1205 and S. 493 -Twenty-first Century Communications and Video Accessibility Act, H.R. 3101 -Complete Streets Act, H.R. 1443 and S. 584 -Allowing Local Control of Federal Transit Funds Act, H.R. 2746 -National Transportation Objectives Act, H.R. 2724 -Pedestrian Safety Enhancement Act, H.R. 734 and S. 841 -Preventing Harmful Restraint and Seclusion in Schools Act, H.R. 4247 and S. 2860 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 Legislation NCIL Opposes: -ADA Notification Act, H.R. 2397   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