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.

Schools Win Stay in Special Education Case

NATIONAL EDUCATION ASSOCIATION--
NEA reports that 7th Circuit Court of Appeals in Chicago has granted Milwaukee Public Schools a stay on US District Court Magistrate Judge Aaron Goodstein’s June 9th ruling requiring Milwaukee Public Schools to identify all students who may be eligible for special education services from September 2000 to June 2005. The schools had appealed the ruling as “too broad and too costly to implement”.
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The Milwaukee Journal Sentinel (8/28, Richards) says the most recent action is “hitting the pause button on the case." Now the schools and Disability Rights Wisconsin will argue their positions in front of the 7th Circuit Court of Appeals in a series of written briefs and, most likely, oral arguments.

RELATED:
Milwaukee Judge Orders Compensatory Special Education
http://blogs.edweek.org/edweek/speced/2009/06/milwaukee_judge_orders_compens.html
MPS Wins Reprieve in Special Education Lawsuit
http://www.jsonline.com/news/milwaukee/55980517.html

Supreme Court Favors Students with Disabilities

US SUPREME COURT-- On Monday, the US Supreme Court ruled parents of special education students can seek government reimbursement for private school tuition. In the 6-to-3 ruling, Justice John Paul Stevens who wrote the majority opinion said, “We conclude that IDEA authorizes reimbursement for the cost of private special education services when a school district fails to provide a FAPE (blog author note: free and appropriate education) and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school.”

Increasingly, families turn to costly private schools specializing in serving students with emotional or learning disabilities when their children are unable to obtain services in the public school system or are ineligible for public school services. In the US, approximately 90,000 special needs students attend private schools.

SOURCES:
Court Affirms Reimbursement for Special Education
http://www.usnews.com/blogs/on-education/2009/06/24/court-ruling-helps-special-needs-students.html
Court Ruling Helps Special-Needs Students
http://www.usnews.com/blogs/on-education/2009/06/24/court-ruling-helps-special-needs-students.html

School Seclusion and Restraint Abuse Reported

WASHINGTON, PRNewswire—

The National Disability Rights Network (NDRN) released a troubling report on the use of seclusion and restraint with students with disabilities in U.S. schools. Seclusion and restraint tactics are associated with physical and emotional injury and even death. According to the report, some school have isolated student in locked rooms or boxes; 41% of the states/territories shown in red on the map above have “no laws, policies or guidelines concerning restraint or seclusion use in schools".

In a Capitol Hill press conference, NDRN and Senator Chris Dodd (D-CT) outlined specific and severe cases of abuse, noting that inconsistent state laws and a lack of oversight for allegations of abuse are contributing factors. NDRN also called for the incoming Obama administration and 111th Congress to ban the use of prone restraint and seclusion under federal law. The group is also calling for a national summit to devise plans to implement these bans and encourage the use of evidence-based positive behavioral supports.

Rep. George Miller (D-CA), who chairs House Education and Labor Committee said, "Our committee will hold a hearing to look at how we can address and hopefully end these horrific acts." Advocates are calling on the Obama administration and Congress to address the issue by banning seclusion and restraint. The NDRN report includes recommendations for local school districts and state legislatures. The full report, “School Is Not Supposed to Hurt” is available at http://www.NDRN.org.

SOURCES: National Disability Rights Network Releases Shocking Report on Seclusion & Restraint in U.S. Schools http://sev.prnewswire.com/education/20090113/PH5848313012009-1.html The National Disability Rights Network http://www.ndrn.org/ http://www.ndrn.org/sr/SR-Report.pdf

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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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)
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