Ted Kennedy- Congressional Champion for Persons with Disabilities

NATIONAL REHABILITATION ASSOCIATION- From Patricia Leahy

On Tuesday, August 25, 2009, Senator Edward M. Kennedy, the consummate Congressional champion of children and adults with disabilities, passed away. Known to many as the Liberal Lion of the Senate, no one was more sincere about crossing the political aisle in the spirit of bipartisanship than Senator Kennedy. President Obama called Senator Kennedy "Not only one of the greatest Senators of our time, but one of the most accomplished Americans to ever serve democracy. " One of his closest friends, Senator Orrin Hatch (R.UT.) said of his Congressional colleague, "Today, America lost a great elder statesman, a committed public servant and a leader in the Senate, and I lost a treasured friend." Former First Lady Nancy Reagan called Senator Kennedy "a dear friend." Senator John McCain (R.AZ.) said of Senator Kennedy: "He always kept his word, and that is far less common around here than a lot of people think." "We just sat down together and worked out a proposal. He didn't start it; I didn't start it. We just sat down and said OK, here's what we want to achieve -- what do we have to do?"

Forever at the forefront of the discussion and debate on ensuring the civil rights of children and adults with disabilities, Senator Kennedy forged partnerships with everyone he could in the Capitol and in our great country to ensure those rights were appreciated, respected and resulted in policies and legislation that were both bipartisan and benefited those who most needed representation in Congress -- children and adults with disabilities.

When the Congress began discussions on the great civil rights law, the Individuals with Disabilities Education Act (IDEA), Senator Kennedy and others, many of whom were inspired by the Senator, shepherded IDEA through the Senate. During the discussions on a Free and Appropriate Public Education (FAPE) for all, Senator Kennedy, once again, was at the forefront of the debate. During sometimes spirited discussions on whom should comprise the IEP team, including the general education teacher, Senator Kennedy was there providing gifted guidance on the importance of diverse membership in this singularly important process for determining a student's progression.

When some balked at the thought of an inclusive classroom for children and young adults with disabilities, Senator Kennedy and others made the case with and on behalf of parents and students with disabilities in both the Capitol and in our country that students with disabilities had the RIGHT to be educated with their non-disabled peers. When it became increasingly apparent that the greatest country in the world -- the United States of America -- did not have an infrastructure that was accessible to all Americans -- Senator Kennedy and many others began a bipartisan journey that was to result in one of the greatest pieces of legislation to ever emerge from the Congress: The Americans With Disabilities Act (ADA).

Senator Kennedy has always been there for children and adults with disabilities. While his presence will be missed, the spirit of his memorable mission of equality, dignity and respect for all individuals with disabilities will forever remain.

Patricia Leahy
Director of Governmental Affairs and Public Policy
National Rehabilitation Association
633 South Washington Street
Alexandria, VA 22314
1-888-258-4295
NRA Office - 703-836-0850
NRA Fax - 703-836-0848
TDD - 703-836-0849
E-mail - patricia@nationalrehab.org
NRA Website - www.nationalrehab.org

Legislative Updates

The U.S. House of Representatives passed the two FY 2010 appropriations bills that are of major interest to the disability community.  Funding for the Departments of Transportation and Housing and Urban Development (T-HUD) passed on July 23. Funding for the Departments of Labor, Health and Human Services and Education (L-HHS-ED) passed July 24.  The Senate will hold committee mark ups on the bills shortly.

The T-HUD bill provides $10.5 billion for the Federal Transit Administration and $350 million for the HUD Section 811 Supportive Housing for Persons with Disabilities Program, a $100 million increase above the current FY 2009 level. Also, the House passed the Frank Melville Supportive Housing Investment Act of 2009 (H.R. 1675) which will significantly reform the Section 811 program. The legislation was initially introduced by Representatives Christopher Murphy (D-CT) and Rep. Judy Biggert (R-IL). Senators Robert Menendez (D-NJ) and Mike Johanns (R-NE) introduced an identical companion version of the Frank Melville Supportive Housing Investment Act of 2009 (S. 1481). 

President Obama and Education Secretary Arne Duncan announced the availability of about $9 billion in new grants to states, local school systems and other entities from funding available through the American Recovery and Reinvestment Act (ARRA).  Approximately $4.35 is in the "Race to the Top" fund, aimed at improving educational outcomes. All of the information about this funding, which includes competitive grant opportunities, can be found in the education section of the ARRA website, www.recovery.gov . UCP's Disability Policy Collaboration will provide some public comments on the Recovery website. 

NRA Urging Calls to Congress to Retain VR and IL Dollars

The National Rehabilitation Association is urging its membership and other interested individuals and groups to contact their Congressional Representatives to urge support for Ovcational Rehabilitation and Independent Living money currently in the Stimulus package. The NRA's Washington Wire reports, "The Senate Conferees are: Senators Harry Reid (D.NV.); Senator Chuck Grassley (R.IA.); Senator Daniel Inouye (D.HI.); Senator Thad Cochran (R.MS.) and Senator Max Baucus (D.MT.) House Conferees include: Congressman Dave Obey (D.WI.); Congressman Henry Waxman (D.CA.); Congressman Charles Rangel (D.N.Y.); Congressman Jim Oberstar (D.MN.); Congressman JERRY Lewis (R.CA.) and Congressman David Camp (R.MN.)".
NRA further urges, "Call your Senators and Congresspersons, as well as the Senators and Congresspersons immediately listed above, who comprise the Conference Committee, and advise them that the additional funding for VR is critical to the continuation of securing and retaining employment and community living for individuals with disabilities who want to work."

To find the contact information for your representatives, visit:

• Senators: www.senate.gov/general/contact_information/senators_cfm.cfm
• Represenatives: http://clerk.house.gov/member_info/mcapdir.html

U.S. Senate Passes Children's Health Legislation

From the National Rehabilitation Association's Legislative Network (Patricia Leahy, Director of Government Affairs and Public Policy):

On January 29, the U.S. Senate passed, on a roll call vote of 66-32, The Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP). The U.S. House of Representatives passed its version of this legislation on January 14, 2009. The SCHIP program had been scheduled to expire on March 31 of this year. Both bills extend the program for 4-1/2 years and renew the SCHIP program.

Highlights of the bill include continuing coverage for 7 million children currently enrolled in SCHIP, plus an additional 4 million children who do not currently have insurance. The Senate version of the legislation, like its House counterpart, abolishes the five-year waiting period and allows States to offer coverage immediately to children of legal immigrants. The Senate bill will remove higher co-payments and stricter limits on the number of treatment visits, creating parity between mental health services and medical and surgical benefits provided by the plans. The Federal cigarette tax, which is currently at 39 cents a pack, is being raised to $1.00 per pack to cover the extension of SCHIP.

The bill:

• Gives States the option of providing dental coverage to some families with slightly higher incomes and provides additional money to States to recruit and enroll eligible children.
  
• Caps the Federal government’s contribution for children in families above 300 percent of the poverty level.

Both bills are headed to a Conference Committee where they will iron out the differences of the House and Senate versions. The President is expected to sign this legislation, once the Conference Report is completed and passed by both Houses of Congress.

Big Dollars for Disability Programs

GREAT NEWS-- In the new Economic Stimulus Package, a substantial amount of the new spending will protect and expand disability services. Among the most critical increases to disability programs are:

• $500 million for the Vocational Rehabilitation State Grant program


• $87 billion for an increased federal Medicaid match (FMAP)


• $13 billion for IDEA State Grants


• $600 million for IDEA Early Intervention


• A one time $450 (individuals)/$630 (couples) payment to all SSI recipients($4.2 billion total)


• $900 million to improve the Social Security Administration claims processand computerization upgrades


• $6.5 billion for several low income housing initiatives

A more complete summary of disability related provisions can be found at:http://www.thearc.org/NetCommunity/Document.Doc?id=1464

NRCA Disability Legislative Update

From the National Rehabilitation Counseling Association:
Major Events Last Week
Obama Administration: President-elect Barack Obama announced that he will nominate Peter Orszag, Congressional Budget Office Director, to head the Office of Management and Budget (OMB) in the White House which oversees the federal budget. Orszag has significant expertise in health policy. If confirmed, he is expected to play a major role in the development of health care reform policies, focusing on health care costs . President-Elect Obama also announced the nomination of Rob Nabors, Staff Director of the House Appropriations Committee to be OMB Deputy Director.
Medicaid : The Department of Health and Human Services has published a list of the federal matching rates for the Medicaid and State Children’s Health Insurance Program (SCHIP) for Fiscal Year 2010. This list shows the Federal Medical Assistance Percentages (FMAP) that the federal government will pay for approved services under the state Medicaid plan from October 1, 2009, through September 30, 2010. The list also includes Enhanced FMAP percentages which are to be used for the SCHIP program and for certain children in the Medicaid program. The state list can be found at: http://edocket.access.gpo.gov/2008/pdf/E8-28233.pdf
Major Events Ahead
U.S. Congress: The Congress is not in session this week. It will convene next week for a lame duck session.
Economic Stimulus/Medicaid: House Speaker Nancy Pelosi (D-CA) will meet with the leadership of the National Governors Association (NGA) to discuss elements of the economic stimulus package that Congress is expected to consider in early January. A temporary increase in the federal share of Medicaid spending (known as the FMAP) is high on the NGA's wish list.
Education: The U. S. Department of Education published final rules this morning for certain provisions of the IDEA Part B State Grant Program. The rules deal with parental consent for special education services, fees for non-attorneys in due process hearings, and efforts to employ and promote individuals with disabilities. See the regulation at: http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf
Announcements
Access Board Leadership: The Access Board, an independent Federal agency devoted to accessibility for people with disabilities, named David Capozzi as its new Executive Director on November 24th. Prior to this announcement, Mr. Capozzi served as Director of the Board’s Office of Technical and Information Services and as Acting Interim Director. Capozzi states that he has “a vision of a higher performing agency that will grow to meet the demands of our complex society.”
Policy Recomendations for Obama Administration: The Consortium for Citizens with Disabilities (CCD), a coalition of more than 100 national disability organizations, submitted its policy recommendations to the Obama transition team. View the document at http://www.c-c-d.org/task_forces/trans/CCD-Transition-Recommendations-11-17-08.pdf
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Please note that you can view previous issues of the Capitol Insider, at thearc.org anytime by
Annie Acosta
Director of Communications and Grassroots Advocacy
Disability Policy Collaboration

National Rehabilitation Counseling Association (NRCA)
PO Box 4480
Manassas, VA 20108
703-361-2077 (voice)
703-361-2489 (fax)
(Office hours: Monday through Thursday; 8:00 a.m. - 4:00 p.m. EDT)
"There's a place for you in NRCA"

Congressional Hearing on SSA Disability Backlog

The Congressional House Ways and Means Subcommittee on Social Security holds a hearing Tuesday, September 16th to address the 761,000 claim backlog of Social Security disability cases. Claim decision wait times are over 2 years in some regions of the country; overall, the wait for a decision has doubled since 2000. An increase in baby boomer applications and personnel shortages throughout the system are among factors contributing to the problem. The government is using several tactics to decrease the backlog, including hiring 189 additional administrative law judges and using videoconferencing to hear cases. Some methods are working; the Social Security Administration has completed 200,000 cases over 900 days old. Currently, 9 million people with disabilities collected a total of $96 billion in 2007. This year, 2.6 million people will file Social Security disability claims.


SOURCES:
“Congress Holds Hearing Tuesday, Sept. 16 on Backlog of Social Security Disability Cases -- Judges Say More Staff and Not Just Judges are Required to Reduce Caseload”
http://www.marketwatch.com/news/story/congress-holds-hearing-tuesday-sept/story.aspx?guid={FE19C88B-C6EC-41AD-B42A-E8BF941AF29A}&dist=hppr
“Applicants endure hardship while waiting for disability benefits to be OK'd”
http://www.sun-sentinel.com/business/custom/consumer/sfl-flrxdis0913pnsep13,0,3371474.story
“Social Security’s clogged pipeline”
http://www.ajc.com/opinion/content/opinion/stories/2008/08/21/disabled.html

RELATED:
The Social Security Administration
http://www.ssa.gov
The Association of Administrative Law Judges
http://www.aalj.org/