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.

Students with LD Denied Extra MCAT Time

CALIFORNIA--The California Supreme Court has declined to hear the case of four student with learning disabilities who filed a class-action lawsuit in 2004 against the Association of American Medical Colleges, administrator of the Medical College Admission Test (MCAT). The students, who have various learning disabilities including dyslexia and attention deficit disorder had requested additional time and other accommodations on the MCAT but had been denied. The California Supreme Court's decision to not hear the case leaves an earlier ruling against the students in place. The AAMC case attorney notes, "This leaves in place the AAMC's ability to have a single, uniform policy for handling accommodation requests, regardless of the state in which the examinee is located". Three of the four students have since completed the MCAT and gone to medical school.SOURCE:Calif. Court Denies Extra MCAT Time for Students with Learning Disabilitieshttp://www.ama-assn.org/amednews/2009/03/02/prsb0302.htm

Obama's "Plan to Empower Americans with Disabilities"

The American Association for People with Disabilities (AAPD) reports on the four core themes of President Barack Obama’s Plan to Empower Americans with Disabilities:

1. Providing Americans with Disabilities Educational Opportunities including full federal funding for IDEA, improving college opportunities, and improving transition
2. Ending Discrimination and Promoting Equality of Opportunity for People with Disabilities by implementing the ADA Amendments Act and Genetic Information Non-Discrimination Act, judicial appointments, increasing enforcement funding, and by improving access to health care, including mental health care
3. Increasing the Employment Rate of Workers with Disabilities by improving federal hiring and federal contractor hiring, creating a national commission to look at Social Security work disincentives, and by promoting workplace flexibility
4. Supporting Independent, Community-based Living for Americans with Disabilities by passing Community Choice Act and CLASS Act, implementing the Olmstead decision, protecting voting rights, fixing Medicare "homebound" rules, improving access to technology, and by strengthening the VA

Early in his campaign, Barack Obama responded to an AAPD questionnaire developed and submitted with the National Council on Independent Living, ADAPT, and Self Advocates Becoming Empowered. Obama will have a full-time Assistant to the President for Disability Policy in the White House Domestic Policy Council to carry out his disability Plan.

To work with President-Elect Obama on disability-related concerns during his transition and in his administration, AAPD is creating a talent bank of interested AAPD members. Send Resumes to resumes@aapd.com.

US House Votes for ADA Restoration

6 July 2008
The Washington Post (WASHINGTON, DC) — The US House voted to expand protections for people with disabilities under the Americans with Disabilities Act (ADA). Business and disability rights advocates engaged in a “remarkably cooperative effort” to broaden the definition of disability and redefine the “substantial limits” concept. The Senate is expected to pass the changes, and President Bush is likely to sign
Source:
http://www.washingtonpost.com/wp-dyn/content/article/2008/07/05/AR2008070501356.html

7 July 2008
The Michigan Daily (University of Michigan, Ann Arbor) —ADA Restoration legislation rejects court rulings that narrowed definitions of disability and changes limiting language. University of Michigan officials say changes should have little impact on services to students with disabilities. However, it is too soon to tell what impact the changes will have on University employees.
Source: http://media.www.michigandaily.com/media/storage/paper851/news/2008/07/07/National/Americans.With.Disabilities.Act.Bill.To.Widen.Scope.Of.Laws-3388379.shtml
Related:
http://www.usdoj.gov/opa/pr/2008/March/08_crt_186.html

5 July 2008
Spero Forum— The House of Representatives passed the ADA restoration Act last week. The new bill may place undue burden on businesses, disrupt business activities and lead to legislative abuses. By “defining disability down”, resources and support for people with “genuine disability” may be lessened.
Source:
http://www.speroforum.com/site/article.asp?idarticle=15634

COMMENT: Public figures and pundits are expressing many of the same concerns expressed with the initial passing of the ADA in 1990. Yet, few to none of the dire consequences predicted for businesses and the economy came to pass. Only time and litigation will tell if the ADA Restoration Act is a boon or bane for the public and for the most critical stakeholders— people with disabilities.

RESOURCES:
http://www.ada.gov/
http://www.opencongress.org/bill/110-h3195/show