1) What’s Happening in the Nation’s Capital?
What Does Elena Kagan Believe About Disability Rights?
2) National News
Deficit Commission Co-chair Alan Simpson Gets in Confrontation with Social Security Activist, Describes Beneficiaries as “Lesser People”
Opportunities to Get Involved in Healthcare Reform!
3) State News
Philadelphia ADA Anniversary Celebration: July 26, 2010
States Seek Federal Waivers to Cut Special Education
4) Announcements and Additional Resources
Reap What You Sow: Harvesting Support Systems Institute
Oprah’s Replacement Could Be Man With ‘Sexiest Of The Palsies’
What Does Elena Kagan Believe About Disability Rights?
Source: Bazelon
On Monday, June 28, all eyes will be on the United States Senate, as its Judiciary Committee begins the confirmation hearing for President Obama’s second Supreme Court nominee, Elena Kagan. Senators on the committee will have a unique forum to question Ms. Kagan about her views on the Americans with Disabilities Act (ADA) and other laws that are important to people with disabilities.
Unlike many past nominees, Elena Kagan does not have an extensive record on disability issues. The Senate hearing is a chance for people with disabilities to find out what she thinks about disability rights. It’s also a key opportunity to send a message that people with disabilities care about the courts — about whether judges understand and can enforce disability rights laws.
Senators who are members of the Senate Judiciary Committee need to hear now from people with disabilities and their advocates. What You Can Do: If one of your Senators is a member of the Judiciary Committee (see the list below), please contact him or her and explain why it is important to ask Elena Kagan about the rights of people with disabilities. Ask your Senator to:
- Ask Ms. Kagan whether, if she is confirmed to the Supreme Court, she would give disability rights laws the broad remedial effect intended by Congress.
- Ask her about the role of the Supreme Court in guaranteeing the rights of people with disabilities.
- Ask how she sees the role of Congress in protecting disability rights.
Why the Confirmation Hearing is Critical: The Obama Administration has voiced its support for the values - including independence, integration and equal opportunity— expressed in federal disability rights laws such as the ADA, the Rehabilitation Act, the Medicaid Act and the Individuals with Disabilities Education Act (IDEA). We need to know what Elena Kagan thinks about these laws. To better understand Ms. Kagan’s judicial philosophy, and to highlight the importance of disability rights, we want the Judiciary Committee to:
- Ask whether Justice Kagan would give disability rights laws the broad remedial effect intended by Congress. In several significant decisions after the ADA was enacted in 1990, the Supreme Court chipped away at core protections for people with disabilities. For example, in Sutton v. United Air Lines, 527 U.S. 471 (1999), the court held that aspiring pilots Karen Sutton and Kimberly Hinton were not protected by the ADA because their vision impairments could be corrected with contact lenses. The court held that a person is not disabled if such “mitigating measures,” like contact lenses, allow her to function as well as a person without an impairment. In 2008, Congress enacted the ADA Amendments Act to clarify that whether a person is disabled should be determined without regard to mitigating measures and to reaffirm the broad scope of disability rights laws.
We want the Judiciary Committee to ask Ms. Kagan whether, as a Supreme Court justice, she would interpret the ADA and other disability rights laws as broadly as Congress intended, so that all people with disabilities have an equal opportunity to succeed in school and at work and to lead independent lives in their communities.
- Ask about the role of the Supreme Court in guaranteeing the rights of people with disabilities. Supreme Court decisions affect the everyday lives of all people with disabilities. For example, when the Supreme Court ruled in P.G.A. Tour, Inc. v. Martin, 432 U.S. 661 (2001) that Casey Martin, a golfer with a mobility disability, could use a golf cart on the PGA tour, this made it easier for everyone, including students and workers (not just golfers), to get the accommodations they need for an equal opportunity. Similarly, the Court's recent decision in Forest Grove Sch. Dist. v. T.A., 129 S. Ct. 2484 (2009) made it easier for families everywhere to obtain special education for children with disabilities when public schools have failed to provide needed services.
We want the Judiciary Committee to ask Ms. Kagan what role she would take, as a Supreme Court justice, in preserving the rights of people with disabilities.
- Ask about the role of Congress in protecting disability rights. In enacting the ADA and other disability rights laws, Congress carefully considered the history of people with disabilities in the United States. The lawmakers acknowledged that many people with disabilities have been ostracized from their families and communities —prevented from going to their neighborhood schools, from working at jobs for which they were qualified and from participating in all aspects of community life. Congress passed laws like the ADA to combat these problems. But in recent years, the Supreme Court has declared that Congress lacked the power to pass some of these laws. The future integrity of disability rights laws will depend on whether the Court reinforces Congress’s power to pass such laws.
We want the Judiciary Committee to ask Ms. Kagan whether, as a Supreme Court justice, she will respect Congress's important role and hard work in writing and enacting the disability rights laws on which so many people with disabilities depend for protection from discrimination and an equal opportunity to succeed in life.
Please let the Senators on the Judiciary Committee know that you want them to ask Ms. Kagan about disability rights! Contact these members of the Judiciary Committee today!
- Jeff Sessions, Ranking Member (R-AL), phone: 202-224-4124
- Jon Kyl (R-AZ), phone: 202-224-4521
- Dianne Feinstein (D-CA), phone: 202-224-3841
- Ted Kaufman (D-DE), phone: 202-224-5042
- Lindsey Graham (R-SC), phone: 202-224-5972
- Dick Durbin (D-IL), phone: 202-224-2152
- Chuck Grassley (R-IA), phone: 202-224-3744
- Benjamin L. Cardin (D-MD), phone: 202-224-4524
- Amy Klobuchar (D-MN), phone: 202-224-3244
- Al Franken (D-MN), phone: 202-224-5641
- Chuck Schumer (D-NY) phone: 202-224-6542
- Tom Coburn (R-OK), phone: 202-224-5754
- Arlen Specter (D-PA), phone: 202-224-4254
- Sheldon Whitehouse (D-RI), phone: 202-224-2921
- John Cornyn (R-TX), phone: 202-224-2934
- Orrin G. Hatch (R-UT), phone: 202-224-5251
- Patrick J. Leahy, Chairman (D-VT), phone: 202-224-4242
- Herb Kohl (D-WI), phone: 202-224-5653
- Russ Feingold (D-WI), phone: 202-224-5323
If none of these is your Senator, please forward this Alert to someone in one of these states.
Deficit Commission Co-chair Alan Simpson Gets in Confrontation with Social Security Activist, Describes Beneficiaries as “Lesser People”
Source: Huffington Post
The White House's Deficit Commission has been operating mainly behind closed doors, coming up with a way of cutting entitlement programs like Social Security and Medicare that's politically palatable enough to prevent any lawmakers from losing their seats in Congress.
But Alex Lawson of Social Security Works, recently made something of a breakthrough, getting commission co-chair Alan K. Simpson on video. The two have a frank, detailed and often contentious conversation about what the commission plans to do about Social Security benefits. Read the transcript and Paul Krugman’s rebuttal.
Opportunities to Get Involved in Healthcare Reform!
We are now entering the implementation and administration phase of the Patient Protection and Affordable Care Act (healthcare reform), which will include the creation of numerous advisory panels, boards, commissions, and other stakeholder involvement opportunities. NCIL believes that it is just as important for people with disabilities to be at the table during implementation as it was to pass the legislation. America needs the disability perspective, especially in the oversight roles that directly affect people with disabilities. NCIL sorted through the long list of opportunities and selected those that our Members might be most interested in. See a list of all opportunities (PDF).
If you see an opportunity that you are interested in applying for, please contact NCIL Executive Director Kelly Buckland. Kelly can be reached by phone at 1-877-525-3400, or by e-mail at Kelly@ncil.org. When contacting Kelly about your interest in one of the opportunities, you will need to include the following information:
- Your name and contact information
- The name of the committee or advisory council and statutory cite (below the name)
- Brief description of why you are interested and/or qualified to serve
- Be prepared to submit a resume for the application
Health Reform Law - Advisory Panels, Boards, Commissions, & Stakeholder Involvement
Outpatient prescription drugs in long-term care facilities, §3310
- Provision: utilize specific, uniform dispensing techniques to reduce wasteful dispensing
- Purpose: MA-PD and PDP enrollees that are subject to 30-day fills
- Requirements: facilities, residents of nursing facilities, pharmacists, the pharmacy industry, PDPs, MAPD plans, and other stakeholders that the Secretary deems appropriate. This provision applies to plans beginning on or after January 1, 2012
Consumer Advisory Council, §3403(k), adding §1899A(k) to the SSA
- Provision: there is established a consumer advisory council to advise the Independent Medicare Advisory Board on the impact of payment policies with respect to consumers
- Purpose: to advise the Independent Medicare Advisory Board on the impact of payment policies with respect to consumers
- Requirements: the Council shall be composed of 10 consumer representatives appointed by the Comptroller General of the United States (one member from among each of the 10 regions established by the Secretary). Members of the Council shall represent the interests of consumers and identified communities
Cultural Competency, Prevention, and Public Health and Individuals with Disabilities Training, §5307
- Provision: in developing specified training programs, the HHS Secretary shall collaborate with relevant stakeholders. Legislation authorizes such sums as may be necessary for each of fiscal years 2010 through 2015.
- Purpose: to develop Cultural Competency, Prevention, and Public Health and Individuals with Disabilities training programs
- Requirements: relevant stakeholders include health professional societies; licensing and accreditation entities; health professions, schools, and experts in minority health and cultural competency, prevention and public health and disability groups; community-based organizations; and other organizations that the Secretary deems appropriate
Nursing Home Compare Medicare Website, §6103, adding subsection (i) to §1819 of the SSA
- Provision: in conducting review with respect to the Nursing Home Compare Medicare Website, the HHS Secretary shall consult with relevant stakeholders
- Purpose: to effectively review the clarity and accuracy of the Nursing Home Compare Medicare Website
- Requirements: relevant stakeholders include State long-term care ombudsman programs, consumer advocacy groups, providers stakeholder groups, and any other representatives of program that the Secretary determines appropriate
The Community Living Assistance Services and Supporters (CLASS) Independence Advisory Council
- Provision: in developing and carrying out the CLASS benefit program, the HHS Secretary shall establish and consult with the CLASS Independence Advisory Council
- Purpose: to make improvements and modifications to the CLASS benefit program
- Requirements: the Council shall evaluate alternative benefit plans and recommend for designation as the CLASS Independence Benefit Plan for offering to the public the plan that the Council determines best balances price and benefits to meet enrollees’ needs in an actuarially sound manner, while optimizing the probability of the long-term sustainability of the CLASS program. The Council shall be composed of not more than 15 individuals appointed by the President. A majority of members shall be representatives who participate or are likely to participate in the CLASS program and representatives of older and younger workers, individuals with disabilities, family caregivers of individuals who require services and supports to maintain their independence at home or in another residential setting of their choice in the community. Members shall also include individuals with expertise in long-term care or disability insurance, actuarial science, economics, and other relevant disciplines as determined by the Secretary
Philadelphia ADA Anniversary Celebration: July 26, 2010
The Liberty Resources & Graham Company Celebration honoring the 20th Anniversary of the Americans with Disabilities Act will be held on Monday, July 26th from 11-4 in Philadelphia's Independence Park. Various like-minded non-profits will have tables, and the band "Flame" will perform. Invited speakers include Senator Specter, who was key in the passage of the ADA, and Estelle Richman who was influential in the disability rights movement in Philadelphia.
States Seek Federal Waivers to Cut Special Education
Source: Education Week, by Christina A. Samuels
At least three states have asked for permission to cut back on the money they provide districts for special education, under a built-in escape clause in the federal special education law that is aimed at financially struggling states.
Iowa and Kansas have both been granted a waiver, which under the Individuals with Disabilities Education Act can be given out in “exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of a state.”
South Carolina has requested a waiver, but the U.S. Department of Education has asked the state for more information before making a decision. Both the waiver requests and the department’s responses were reported earlier this year by the blog IDEA Money Watch, a project of the Washington area Advocacy Institute, which supports parents of children with disabilities.
Special education advocates say this is the first time they’re aware of economic-hardship waivers being granted. Read More.
Reap What You Sow: Harvesting Support Systems Institute
The National Youth Leadership Network is hosting the Reap What You Sow: Harvesting Support Systems Institute this summer!
- Who: Youth and young adults with disabilities (ages 13-28), family members, professionals, and allies
- When: July 29-31, 2010
- Where: North Raleigh Hilton, 3415 Wake Forest Road, Raleigh, NC
Topics covered: At the Institute we will introduce the new curriculum we have created. It is about how youth with disabilities can build their own support systems. We define support systems as people who help you reach your own goals. This could include parents, friends, teachers, allies - anyone you choose. Our institute is a new hands-on training opportunity. To find out more click here.
Registration: Until June 30th it is only $50 for youth and $75 for adults to attend. That includes all meals and a not-to-be-missed show Friday night by performers from Sins Invalid!
Register online. Scholarships are available for youth to attend. BONUS! Register three people and get one person free! Organizations can host an informational table at our resource fair during the Institute for only $50.
Oprah’s Replacement Could Be Man With ‘Sexiest Of The Palsies’
Source: DisabilityScoop, by Michelle Diament
A Texas man with cerebral palsy is turning into the latest online sensation as the top vote-getter in Oprah’s Search For The Next TV Star, with support from the likes of musician John Mayer.
Zach Anner entered Oprah’s contest with a humorous video pitching his idea for a travel show. In the audition tape he uploaded to Oprah.com, Anner tells viewers that he has “the sexiest of the palsies” and wants to “make a travel show for people who never thought they could travel and inspire people to go on an adventure.”
The video went viral, garnering praise from Mayer and plugs on sites like Digg and Reddit, bringing Anner’s vote tally to over 2.6 million. The next most popular video has fewer than 1.5 million votes. Humbled, Anner took to the Web again on Sunday to post a thank you video, declaring, “I don’t know what happened, but the Internet is crazy and I love it.”
Anner specifically called out Mayer for his role in boosting the video’s popularity. Mayer returned the favor, posting his own video praising Anner’s humor and offering to write and perform a theme song for his travel show.
Public voting for the Oprah search is ongoing. The final winner — who will receive their own show on OWN: The Oprah Winfrey Network — will be selected from the winners of the online vote and those picked from a series of open casting calls across the country.
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June 21, 2010