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NCIL: Celebrating 25 Years of Independent Living

National Council on Independent Living

Weekly Advocacy Monitor

Volume 9, Issue 9 WhAM!March 2, 2011

 

1) What’s Happening in the Nation’s Capital?

Senate Passes Two Week Stopgap, Setting up Bigger Spending Fight with House

2) National News

Debate over Institutions Flares as Feds Seek Comment

Justice Department Settles with National Board of Medical Examiners Over Refusal to Provide Testing Accommodations to Yale Medical School Student

Group of Senate Democrats Seeks to Block Social Security Reforms that Cut Benefits

3) State News

ADAPT Rallies at the Texas Capitol to Save Community Based Services!

ADAPT Occupies Wisconsin GOP Headquarters (February 24, 2011)

4) Announcements and Additional Resources

U.S. Department of Transportation Hosts Public Hearing

Association for Travel Instruction to Meet in Philadelphia

 

1) What’s Happening in the Nation’s Capital?  

Senate Passes Two Week Stopgap, Setting up Bigger Spending Fight with House

Source: The Hill, by Alexander Bolton (Excerpted)

The Senate voted overwhelmingly Wednesday morning to keep the federal government operating another two weeks and cut $4 billion from its budget. The vote was 91-9.

Democratic senators expressed a litany of complaints with the short-term measure, but most were unwilling to vote against it and risk being seen as stubbornly resistant to spending cuts. They also said they did not want to risk a government shutdown by squabbling over specific cuts, such as more than $500 million chopped from the Army Corps of Engineers.

Many Democrats were frustrated they could not pass a longer-term spending measure that would give government workers and contractors certainty and allow lawmakers to focus on patent reform, energy legislation and a jobs agenda.

The two-week spending proposal cuts $2.7 billion in programs that House Republicans designated as earmarks, though some Senate Democrats disagree with using that label for some of the cuts, such as $40 million from Labor Department salaries and expenses.

 The Senate vote came a day after the House voted 335-91 to approve the two-week continuing resolution. The measure now goes to President Obama, who is expected to sign it. In a statement, he praised the measure's passage but said "we can't keep doing business this way… Living with the threat of a shutdown every few weeks is not responsible, and it puts our economic progress in jeopardy". Read More.

 

2) National News

Debate over Institutions Flares as Feds Seek Comment

Background: The Administration on Developmental Disabilities (ADD) has been bombarded with testimony from VOR (“Voice of the Retarded”). ADD’s site is designed to “count” items so positive testimony is needed about community inclusion, participation, social capital, employment, self-determination, person centered choices, self-advocacy, etc. 

Due to overwhelming demand, online testimonies will be accepted on the Envisioning the Future website through Friday March 4th.  Submit comments. They accept everything from short paragraphs and position statements to multi-page research papers that individuals upload. See examples.

Source: DisabilityScoop, by Shaun Heasley

A government agency’s proposal to “eliminate congregate care” for people with disabilities is stirring strong reaction from advocates on both sides of the debate over institutions. The issue came to the forefront as the Administration on Developmental Disabilities works to finalize a five-year strategic plan.

The federal agency plays an influential role over the state councils on developmental disabilities and the protection and advocacy organizations throughout the country in addition to other programs benefiting Americans with disabilities.

After holding listening sessions in five cities, the agency drew up a list of priorities (PDF) touching on everything from access to competitive employment to strengthening family support — which will be used to establish the final plan. But a recommendation to support closing the nation’s remaining institutional care facilities seems to be evoking the greatest response in the final days of an online public comment period, which ends Friday.

Fueled by an advocacy group called VOR, which supports institutional options for people with disabilities, numerous family members and professionals have posted comments objecting to the elimination of institutions. “The nation needs a balanced range of service options for individuals with severe and profound intellectual and developmental disabilities, including the option of licensed facility-based care,” many wrote in their comments.

Now, advocates who want to see an end to institutional care are weighing in as well. “We know all too well that abuse, neglect and other forms of denigration are far more likely to occur in large congregate settings. Integrated, community based housing is the only policy the federal government should be supporting,” read an e-mail sent by The Arc late last week asking members to comment in favor of the proposal. A final strategic plan is expected later this spring.

 

Justice Department Settles with National Board of Medical Examiners Over Refusal to Provide Testing Accommodations to Yale Medical School Student

The Justice Department today announced a settlement under the Americans with Disabilities Act (ADA) with the National Board of Medical Examiners (NBME), a private, non-profit organization that administers the U.S. Medical Licensing Examination (USMLE), a standardized examination related to medical licensing.   Under the terms of the settlement agreement, NBME is committed to providing reasonable testing accommodations to persons with disabilities who seek to take the USMLE, in accordance with the requirements of the ADA.  In addition, it will grant Frederick Romberg, a Yale Medical School student, the accommodations of double the standard testing time and a separate testing area to take the USMLE.

“In the past, demands for unnecessary or redundant documentation, burdensome and expensive repeated professional evaluations, or irrelevant evaluative testing unrelated to the ability to demonstrate one’s knowledge or skills on an examination prevented individuals with appropriately documented disabilities from pursuing their chosen professions.” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “By entering into this agreement, NBME is doing its part to ensure that people with a reading disability like Mr. Romberg will have the opportunity to take the USMLE with the reasonable testing accommodations they need to demonstrate their knowledge and ability.” Read More.

 

Group of Senate Democrats Seeks to Block Social Security Reforms that Cut Benefits

Source: The Hill, by Alexander Bolton

A group of Senate Democrats, led by liberal Sen. Bernie Sanders (I-VT), is trying to establish procedural protections to guard against cuts to Social Security benefits. But Republicans argue the proposal would make it more difficult to reform Social Security and could result in reduced benefits after 2037.

At least nine senators, Sanders and eight Democrats, have signed a letter seeking co-sponsors for legislation to block changes in Social Security benefits, according to a copy obtained by The Hill.

“Our legislation would establish a point of order against any legislation that would reduce Social Security benefits or privatize Social Security,” the lawmakers wrote in a Dear Colleague letter dated Feb. 28. “The point of order in our legislation could only be waived by the affirmative vote of two-thirds of the Senate and the House present and voting.”

Sens. Daniel Akaka (Hawaii), Sheldon Whitehouse (R.I.), Sherrod Brown (Ohio), Barbara Mikulski (Md.), Barbara Boxer (Calif.), Debbie Stabenow (Mich.), Mark Begich (Alaska) and Richard Blumenthal (Conn.) also signed the letter. The lawmakers argued the Social Security trust fund “is strong and faces no crisis.”

“The Social Security Administration has estimated that Social Security will be able to pay 100 percent of promised benefits to every single eligible recipient for the next 26 years,” they noted. “After that, if nothing is done, there will still be enough funding to pay 78 percent of promised benefits.”

Senate Republicans pounced on the claim, accusing Democrats of stubbornly refusing to reform the program at the risk of people under the age of 40. A senior GOP aide said seniors who become eligible for retirement benefits after 37 would see less money if Democrats blocked reform.

“American seniors gave 100 percent to build this country, and it’s incredibly disturbing that Democrats would deny them access to what they’ve earned; they’re worth much more than 78 cents on the dollar,” said the aide.

Michael Briggs, a spokesman for Sanders, disputed the GOP criticism. He said Sanders wants to extend the solvency of Social Security another several decades by raising the cap on income subject to payroll taxes. The payroll tax is capped at $106,800. Read More.

 

3) State News

ADAPT Rallies at the Texas Capitol to Save Community Based Services!

Source: The Texas Tribune

Josue Rodriguez sat in his motorized wheelchair on the south steps of the Capitol [yesterday] and urged an audience of hundreds of disability advocates to continue fighting for their freedom. "What we need are vital services that keep us independent," the El Pasoan said.

The group called on lawmakers to use the Rainy Day Fund, to raise new revenue and, above all else, to not cut community-based services for the disabled. Over and over again the crowd chanted, "No cuts! No cuts!"

Lawmakers trying to fill a budget hole estimated between $15 billion and $27 billion are considering a nearly 25-percent reduction to health and human services spending, which would mean major cuts to community-based services that help Texans who are disabled. Gov. Rick Perry and other Republican leaders have promised to deal with the budget shortfall through cuts, without raising taxes and without dipping into the state's emergency savings account, called the Rainy Day Fund.

State Rep. Elliott Naishtat, D-Austin, told the group to remind other lawmakers that cutting services to the disabled that keep them out of hospitals and institutions and in their communities will save more money in the long term. "Cuts to community services are penny-wise and pound-foolish," he said. And cutting those services, he said, hurts not only the disabled consumers but also the family members and other loved ones who provide in-home care.

State Sen. José Rodríguez, D-El Paso, said cutting funds for disabled Texans is a price the state cannot afford to pay. "We are doing harm to one of our most vulnerable sectors of our society," he said.

 

ADAPT Occupies Wisconsin GOP Headquarters (February 24, 2011)

Source: Firedoglake, by David Dayen

Members of a disability rights group have occupied the Wisconsin Republican Party headquarters in Madison, and vow to stay until Governor Scott Walker takes out the Medicaid provisions in the budget repair bill. The news of the occupation was met with thunderous cheers at a noontime rally in the Capital Rotunda, which featured Rep. Tammy Baldwin (D-WI) and a large contingent of firefighters from around the state.

ADAPT, the nationwide disability rights group, took over the headquarters to protest the portion of the budget repair bill that switches authority over Medicaid and BadgerCare over to the Department of Health Services. Governor Walker appointed Dennis Smith to run the Department of Health Services, a senior fellow from the Heritage Foundation who has repeatedly argued that states should drop Medicaid altogether. Under the budget repair bill, Smith would have near-unilateral authority to carry that out if he chose. Jonathan Cohn has written extensively about the Medicaid changes in the budget repair bill.

“We are asking the GOP to intervene,” said Jason Glozier with ADAPT, one of the organizers of the occupation. “The changes to Medicaid Assistance have been ignored in this bill. People’s lives are at stake.” Glozier believes that if medical assistance for the disabled is underfunded or unfunded, people will lose jobs and many disabled Wisconsinites would be drastically affected.

Glozier and ADAPT believe that transferring nursing home funding to community-based services funding would save Wisconsin $383 million. “This Governor favors nursing home incarcerations to community services,” Glozier said. “It’s not about the budget, it’s about cutting services.” Read More.

 

4) Announcements and Additional Resources

U.S. Department of Transportation Hosts Public Hearing

In accordance with Executive Order 13563 “Improving Regulation and Regulatory Review” which requires Federal agencies to review regulations and ensure they are cost-effective, evidence-based that are compatible with economic growth, job creation, and competitiveness, the U.S. Department of Transportation (DOT) will host a public meeting to determine how to most effectively implement this order. This public meeting will be Monday, March 14, 2011 from 9:30 am to 4:30 pm at the DOT Conference Center's Media Center, located on the ground floor of 1200 New Jersey Avenue, SE, Washington, DC 20590. During this meeting, there will be discussion of the public’s comments on DOT regulation DOT-OST-2011-0028-0002.

In addition, comments can be electronically submitted through the IdeaScale website. If you use IdeaScale, please include the citation to the regulation DOT-OST-2011-0028, a description of any concerns regarding the regulation (e.g. it is duplicative, too costly, etc.), and any supporting information (e.g., the citation to a duplicative regulation or actual cost or benefit data) that would assist DOT in making a decision. 

Please register to speak or attend via broadcast or phone for the public hearing by contacting Jennifer Abdul-Wali at the Office of Regulation and Enforcement at the U.S. Department of Transportation. Abdul-Wali’s phone number is (202) 366-6322 and her e-mail is jennifer.abdulwali@dot.gov by March 7, 2011.

The agenda will be released on March 7, 2011 and can be located at http://www.dot.gov/regulations.html.

 

Association for Travel Instruction to Meet in Philadelphia

This year the Association for Travel Instruction will be hosting their Annual Conference in Philadelphia on August 12 - 14.   The Conference assists its national and international members by providing educational opportunities and showcasing best practices. Typical attendees of the Conference include representatives from federal, state and local agencies, transit authorities, school districts, nonprofit organizations, transportation management associations and others with an interest and a passion for the field of travel instruction.

As the field of travel instruction continues to grow, ATI is looking for proposals for presentations on a variety of topics.  Call for Papers information can be found on the organization’s website at www.travelinstruction.org.

For more information on the conference or for sponsorship opportunities, please call Peggy Schmidt at 215-699-2733 or Cecile Charlton at 610-892-9440.

 

 

 

Contact the Editor: Eleanor@ncil.org

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