Monday, October 5, 2009

Legislative Updates

From the NRCA Capitol Insider:
AMERICANS WITH DISABILITIES ACT
Last week, the EEOC released draft regulations to implement employment provisions of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). A 60-day public comment period is open before the regulations become final. The draft regulations can be found at: http://edocket.access.gpo.gov/2009/pdf/E9-22840.pdf

MEDICARE-OUTPATIENT
The House approved the Medicare Premium Fairness Act, (H.R. 3631), a one year fix to avert a premium increase on Medicare Part B. Its $.2.8 billion cost will be offset by cuts to the Medicare Improvements Program.

SPECIAL EDUCATION-NO CHILD LEFT BEHIND
Department of Education Secretary Arne Duncan announced the start of development of legislation to replace the No Child Left Behind Act. The Secretary expects public and school officials will provide input, but Congress is unlikely to consider reauthorization until next year.

18 comments:

Anonymous said...

I think it is a great idea that the EEOC has implemented a plan for draft revisions for the Americans with Disabilities Act with respect to employment. This seems like another step forward for people with disabilities and their employment opportunities. Allowing the public to comment on this is a great idea, as they have had many experiences while attempting to apply for employment. My main concern is whether or not the EEOC will actually take those concerns into consideration.

The Medicare Premium Fairness Act that was approved by the House seems to be a benefit for those receiving Medicare. However, considering the debate about our current President’s healthcare plan this may have another underlying factor other than to benefit those individuals receiving Medicare assistance.

I think that Education Secretary Arne Duncan proposition to leave No Child Left Behind Act is somewhat a concern. There needs to be a better Act planned out that would better benefit the children with and without disabilities. Current school employees such as Administrators and Educators definitely need to give all their input in order for the new Act to be successful.

Amy G.

Anonymous said...

Every time an amendment is being considered the input of those who will be affected directly and even indirectly should be heard and valid considerations should be taken seriously in order to achieve a favorable outcome. Individuals with disabilities are in need of more opportunities that will aid them in acquiring employment. The number of unemployment or underemployment is huge among this particular population. Sixty days seems like a suitable amount of time to get appropriate and timely responses but it is important that it be known and published to the public in an effective way so that responses can be substantial.
In regards to the one year fixed premium I think it sound like a quick fix which usually proves to be much more expensive in the long run in most situations. The Fairness Act is needed because the elderly or individuals with disability are usually on a fixed income but I just hope that it’s “fair” today and tomorrow because I would hate to see this kind of Act hurt the population it is trying to help in the future.

Anonymous said...

Every time an amendment is being considered the input of those who will be affected directly and even indirectly should be heard and valid considerations should be taken seriously in order to achieve a favorable outcome. Individuals with disabilities are in need of more opportunities that will aid them in acquiring employment. The number of unemployment or underemployment is huge among this particular population. Sixty days seems like a suitable amount of time to get appropriate and timely responses but it is important that it be known and published to the public in an effective way so that responses can be substantial.
In regards to the one year fixed premium I think it sound like a quick fix which usually proves to be much more expensive in the long run in most situations. The Fairness Act is needed because the elderly or individuals with disability are usually on a fixed income but I just hope that it’s “fair” today and tomorrow because I would hate to see this kind of Act hurt the population it is trying to help in the future. Gloria P.

Sylvia Morales said...

I am happy they are reconsidering the No Child Left Behind Act for special education. Under this Act, schools use standardized testing to determine their effectiveness.

There is much debate about whether special education students should take the same standardized tests as other students and whether these scores should be included in evaluating schools.

In my opinion, there should be standards for special education; however, I do not agree they should be the same standards by which we other students are evaluated.

I am aware my opinion may sound discriminatory, but I feel that if special education students are not provided with the same information as other students and may not have the ability to think as critically about the information, they should not be expected to perform at the same level.

There are many views to this argument, and even I go back and forth on the issue.

-Should only certain groups in special education be left out?
-Statistically, wouldn't the numbers even out across schools if every school includes special education students?
-What about the schools that don't have special education students? Is that fair?

I am just glad the subject is being revisited, because I do not believe it is as simple as thinking that every student should be expected to meet the same standards.

Anonymous said...

I think it is good that the EEOC released draft regulations to implement employment provisions of the Americans with Disabilities Act Amendments Act of 2008. I think employers need to be reminded of how to treat potential employees with disabilities and need to realize and understand what it exactly these measures consist of. I also think that a two month comment period that is open to the public before the final decision is made is good. It helps get an idea of what people think and feel about these new regulations and may help determine whether or not to implement employment provisions.
I think the start of development of legislation to replace the No Child Left Behind Act is great. I think what better of a source to get input from, than the public and school officials to see what revisions need to be made for special education. Hopefully with theses sources, there will be a great deal of improvements made.
Alexandria A.

Anonymous said...

I think is great the EEOC is considering the public in the drafting regulations of the ADA employment provision. By considering the public they are implementing a democratic system. No one will know better what they need than the public itself, in this case people with disabilities. Although, I hope the EEOC truly takes advantage of this drafting for more positive outcomes.
The Medicare Premium Fairness Act seems to be a good step, and it will specially benefit those receiving Medicare. Although this increase in funds is not permanent I hope the stimuli is designated for those who need it the most. Those people with sever disabilities or sever illness.
It is defiantly a good idea to consider educators in giving input for the replacement of No Child Left Behind Act. As I mentioned previously, no one know better but those who are using the services. Administration as well as education staff surly knows and understand the needs of the children, especially of those with disabilities. Although reauthorization will be consider until next year, Congress should really analyze pros and cons about this legislation replacement by considering the input from school officials.
Mariana GG

Anonymous said...

I think it is a great idea that they are looking into making changes to the EEOC, Medicare Premium Fairness Act, and Special Education- No child left behind. Even though some of them might not seem like the right step to some. it good they are still making changes to them. As far as the EEOC, it is great they are seeking the public’s opinions on the situation. They are the ones with the first hand experience and hopefully it will lead to better results. The Medicare Premium Fairness Act, like mentioned by Gloria, it does seem to look like a quick fix program and I too hope it will do more good than bad. As far as the special education- No child left behind, I think that the school officials and the publics input it is very important, especially if it is a parents input.
Crystal Sanchez

Anonymous said...

Actions to help persons with disabilities that are trying to find a job are really long over-due. I've always heard that persons with disabilities did have a hard time and I kept hearing the stats, but it not until now, that I'm working as a VRC that I actually see the impact. I'm glad that the EEOC is trying to implement new regulations regarding the employment opportunities for persons with disabilities. I think that in order for this to be more effective, the federal government needs to offer higher tax credits and other incentives to employers so that they are able to give persons with disabilities a chance to work for them. The Medicare Premium Fairness Act I think is just another hit below the belt for persons with disabilities and our seniors. There are other programs that can afford to get cut, say for example: end the war...why does Medicare Improvements Program have to take the cut? As for Special Education, I don't think enough monies are allocated from the government to properly provide equipment, staff and acommodations for our children. I always have a "beef" with how much money the districts pump into their athletic department, but yet when it comes to Special Ed equipment for students that can participate in Special Olympics, they are not able to buy from athletics, only from Special Ed. I hope Secretary Duncan gets much cooperation from public and school officials, so the outcome can be of good news. Norfy

Anonymous said...

It is about time that the No Child Left Behind Act was looked upon because under this law all students are looked upon as something that can be manipulated, upon certain standarzed that were set forth by government. This act does not allow students is special education classes to get all the help they need because they are mainstreamed before their time. I am aware that mainstreaming children with the rest of their peers is a great advancement, but if it's done before the child is ready then they will have a hard time adjusting. That is why everyone involved in educating children with or without disailities should have their voices and concerns heard, as well as, the parents of the children. It is very good that the ADA will have revisions done regarding employment because this will help further the opportunities for people with disabilities do obtain and maintain employment without having to worry about boundaries. The Medicare Premium Fairness Act seems like a good idea, but once implemented would it work? I can sincerly say that I have my doubts because of how our economy is looking, and are people going to be able to afford it, and who will be the people who really benefit from it? Nancy L.

Anonymous said...

First of all, I believe that it was a great thing done by the EEOC. Implementing a plan for revision for the Americans with Disabilities Act was a big step for people with disabilities regarding employment. People will have the opportunity to comment on good and bad experiences they have had while trying to apply for employment. Hopefully, all of the comments posted will be taken into consideration.

Furthermore, approving the Medicare Premium Fairness Act is mainly a good outcome for people already receiving Medicare. Hopefully, in this one year given, people who really are in need can be helped.

Finally, the secretary Arne Duncan is doing something that was need to be done a long time ago. His idea of the public and school officials providing input will definitely make a difference. The parents and teacher will definitely love this idea of providing input. The only bad thing is that the congress is unlikely to consider reauthorization until next year. Hopefully, we will have good news next year.
Gabriela L

Anonymous said...

When the ADA is reviewed, there is always opportunity to make it better. I hope these regulations benefit people with disabilities because employment is a very important part of people’s life and in this difficult time people with and without disabilities need all the help they can get to obtain and keep an employment. I think it’s very good to allow the public to comment on the matter.

I think it’s an important step for special education; the development of a new legislation that will replace the No Child Left Behind Act. The school officials, teachers, parents, and people involved in education know better what works and what doesn’t. The intention of No Child Left Behind Act was good, but the idea of the merge of mainstream and special education as is understood right know, leave a gap that has to be fulfill with different measures and approaches. Some times the pressure that the inclusion of special education kids into the mainstream is very big and instead of helping them, it could make them feel overwhelmed.
L.M.Lastra

Anonymous said...

Its good that even up to now the government is still thinking about PWD. There are trying to find more and more legislation to protect them. I think that if that plan is taking ahead about the revision of ADA many more PWD are going to get benefited. Miguel Garza

Anonymous said...

My response to the legislative updates on special education-No child left behind. It seems that alot of the emphasis of this piece of legislation in the education field is to simply teach the student to the test. I am currently a pre-k teacher and all teachers are always under constant stress because of all these requirements. Much of these teachers just want to teach without the hassle of mandatory testing that has to happen because of this legislation. I of course am only talking about regular education so I can imagine their exist good reasons why Congress is not going to re-authorize the special education- No Child Left Behind.
-Bibiana Medina

Anonymous said...

I think it is great that revisions are being made to this legislation. NOt that I think it was not good, I think it the ADA is great, however I like that it is changes according to the changes in the country we are seeing. It is important to address the changes in the work force for people with disabilities. There have been many chages for everyone, especially now in our economy. I also think it is a good idea to create new legislation for special education. THis legistlation also has to develop accordingly to the developments in education. Even though cosideration by Congress on legislation is a lengthy process, I am releived to see that they are considering changes in regards to people with disabilities' rights. the only concern I have, is that these changes have to be to carefully researched so it will not negatively affect people with disabilities, it has to consider other reforms being made, like the healthcare plan Obama is pushing for. It would be counterproductive if there were to be a contrast between the Medicare fix and this healthcare plan. The same goes for special education. I hope it works out for the best.
-Leivy S. Resendiz

Anonymous said...

With regards to the No Child Left Behind Act, it is a difficult decision to make when it comes to children’s education since not all children learn in the same way. Standardized tests are tricky for some and are not measurable to use for children with disabilities. Legislators in every state should accept feedback from a large pool of schools including school teachers and administration staff with regards to any changes needed in the Act or necessary requirements to improve the quality of education each child is receiving, including those children in special education.

C. Cardona

Anonymous said...

This No Child Left Behind act definitely needs to be revised. I think that the original idea as far as accountability and students being educated appropriately was well intended, but I do not think it has been well implemented. Our students, especially in this low SES regions, are still falling behind when compared to children from other areas of the nation. I hope that Ms. Duncan gets a considerable amount of input from private and public school officials and that the congress re considers reauthorization soon.

--Leila Flores

Anonymous said...

well, i think there should be a radical change for the no child left behind. Most of the elementary schools i have had worked act base all there efforts towards the texes exams. Perhaps there is not a need for a radical change, but there should be something to change the focus on test and re direct it towards true education for individuals. I know it is a difficult task because there are so many differet needs, different levels of students, and political situations that make it difficult for a change to happen that would make most people happy.
Eddie R

Javier De La Garza said...

The no child left behind act being sought to be redeveloped to when you add to help children is a excellent idea because as we progress into the future than needs change and we should not be stuck with old legislation that does not meet the needs of our society. It is vital that our leaders keep up with the times and technology of today’s age. Not raising the Medicare part B premium will help many individuals with disabilities and elderly to be able to afford that part of Health Care. Though it is a temporary fix that will last only one year before something more permanent needs to be found to correct this Medicare problem. Without a sweeping change in Health Care the cost of Health Care will keep rising and less people will be able to afford Health Care.