Monthly Bulletin of the National Council on Disability

7/2/2004

From: Mark S. Quigley of the National Council on Disability, 202-272-2004 or mquigley@ncd.gov

WASHINGTON, July 2 -- The following is the monthly bulletin of the National Council on Disability:

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NCD Provides Advice to Congress

In a June 21 letter to Chairman John Boehner of the House Education and Workforce Committee, NCD made recommendations in six areas dealing with educational outcomes for students with disabilities:

1. Stay the Course. While some naysayers believe that the No Child Left Behind Act (NCLBA) sets too high a bar for students and schools, the vast majority of people believe that we must maintain high expectations for all students, particularly students with disabilities.

2. Capacity Building. So that School leaders and education practitioners can provide the support to help every child meet higher expectations, they need assistance in learning strategies that are effective. Public investments should be carefully directed to professional and leadership development efforts that are tightly linked to the specific needs of each school or district and that address capacity issues related to teaching and learning and helping all students, particularly students with disabilities, reach high standards.

3. Highly Qualified Teachers. Standards for highly qualified teachers should not be relaxed, although limited flexibility in reaching those standards, especially for rural schools, is appropriate. The U.S. Department of Education should conduct research and analysis on effective methods of teacher preparation, including alternative routes to certification, with a particular focus on special education. The higher education system also needs to find news ways to prepare highly qualified teachers.

4. Better Assessment Tools. A host of needs calls for a new generation of assessments that are designed to serve a broader range of students with diverse needs, useful to inform instruction, and measure a broader range of skills. The U.S. Department of Education can play an important role in supporting research and development efforts to create a new generation of assessments that are appropriate for a large number of diverse students; measure more than academic skills; can be used as instructional management tools; and result in an increased number of students taking alternative assessments.

5. Support and Disseminate Evidence-Based Research and Practice. It is clear that we need more rigorous research on effective strategies for older students with disabilities. Both the Individuals with Disabilities Education Act and NCLBA should support an enhanced research agenda, and the U.S. Department of Education should bridge research efforts by the Office of Special Education and Rehabilitative Services and the Institute of Education Sciences. Research is particularly needed to understand how to offer more academic rigor to students with disabilities and to understand optimal assessment tools.

6. Support for Students. While research on students with disabilities is limited, a range of other research on high school reform points to strategies that are successful in improving student outcomes. The U.S. Department of Education should provide technical assistance on strategies to help students increase engagement in high school, reduce dropout rates, and increase preparation for postsecondary education and careers by higher expectations, greater instructional personalization, self- advocacy, ongoing counseling and mentoring, parental involvement, and connections to the community and postsecondary learning options.

For more information, go to http://www.ncd.gov/newsroom/correspondence/2004/boehner_06-21-04.htm.

On June 18, NCD made recommendations to the Senate on the reauthorization of the Transportation Equity Act (TEA):

1. Support the House bill (H.R. 3550) approach to funding for New Freedom Initiatives. While both H.R. 3550 and S. 1072 provide for the development of innovative transportation initiatives to facilitate partnerships among transportation providers, people with disabilities, and human service providers that promote access to alternate methods of transportation, H.R. 3550 establishes the New Freedom Initiative as a separate and distinct program with more flexibility and greater opportunities for consumer-directed, innovative transportation solutions. The House bill allows for the development of promising practices such as accessible taxi services, transportation voucher systems, and support for volunteer driver programs, whereas the Senate bill folds funding for New Freedom Initiatives into an existing, transportation provider-directed structure with a focus on vehicle purchases. The House bill is much more likely to result in innovative and integrated transportation solutions for people with disabilities.

2. Support the House bill approach to funding for Project Action-a highly successful federal program that brings transportation providers and people with disabilities together to improve access to transportation. The House bill increases Project Action funding from $3 to $3.5 million and guarantees the funding, whereas the Senate bill level-funds Project Action and does not guarantee the funding.

3. Support the expressed inclusion of individuals with disabilities in all aspects of transportation plans and projects, as was done in Sections 1115, 1120, 1402, 3021, 5602, 5213, 5214, and 6001 of the House bill. All too often, access for people with disabilities is not considered during the planning and design of transportation projects. People with disabilities must be included in transportation planning and projects in order to ensure that all transportation options are open to them and that they can live and participate fully in their communities.

4. Support the provisions in the House bill that call for coordination of transportation resources at the federal, state, and local levels. Many human services agencies buy vans to transport clients, including those with disabilities, to and from services. These agencies often do not coordinate with transportation entities that provide related transportation services, such as paratransit. Human services vans can sit idly for extended periods, while people with disabilities in the same community have difficulty accessing public transportation. In addition, many urban and rural providers are prohibited from picking up residents outside designated areas, even though they may drive directly through those areas while transporting someone. Coordination efforts should seek to enhance transportation services such as these by promoting initiatives such as agreements between urban and rural providers to pick up passengers in each other's service areas when doing so is logical. In addition, many people reside in "gray areas," served by neither urban nor rural transit. These are most often communities in urbanized areas that do not participate in the regional transit system. However, the regional transportation provider's funding allocation includes the population residing in the unserved areas. Coordination should ensure that these people are served by some public transit system.

In response to continuing barriers, NCD is conducting an analysis of the status of transportation for people with disabilities across the nation. Findings will be published in September 2004.

For more information, go to http://www.ncd.gov/newsroom/correspondence/2004/conrad_06-18-04.htm.

House and Senate Pass TEA

The House and Senate have passed six-year transportation reauthorization bills that contain provisions important to people with disabilities. House and Senate conferees are now meeting to work out details.

Senate Hate Crimes Bill Adds Disability Protection

On June 15, 2004, the Senate passed the Local Law Enforcement Enhancement Act, which among other things, expands federal hate crime protection to include disability, sexual orientation, and gender. The bill was sponsored by Senators Gordon Smith (R-Ore.), Orrin Hatch (R-Utah), and Edward Kennedy (D-Mass.) and attached as an amendment to the Department of Defense authorization bill.

House and Senate Pass Assistive Technology Reauthorization

On June 14 the House passed and on June 24 the Senate introduced similar bills to reauthorize the Assistive Technology (AT) Act of 1998. The bills support President Bush's 2001 New Freedom Initiative, which in part focuses on expanding the use and application of technology by people with disabilities at home, at work, and throughout the course of their daily lives.

NCD believes that the AT Act has contributed significantly to improvements in technology utilization by a variety of service systems and to better technology access for many with disabilities. Moreover, without this program, a number of significant NFI initiatives would be in considerable jeopardy. For these reasons, NCD supports the AT Act reauthorization.

TANF Program Receives Temporary Extension

On June 22, Congress approved the short-term reauthorization of the Temporary Assistance for Needy Families (TANF) block grant program through September 30, 2004. The House passed its reauthorization bill last year, but the Senate has not. Another temporary reauthorization will be needed before the end of September to keep the program running into 2005.

NCD Releases Native American Forum Summary

On June 21, NCD released a summary from its Native American Forum held April 15, 2004, at the Santa Ana Pueblo Hyatt Regency Tamaya Hotel near Bernalillo, New Mexico. The purpose of the forum was to open a dialogue for learning about issues and concerns linked to federal policy.

Accomplishments of the forum included NCD's raised awareness about longer time frames for future dialogue and NCD's provision of an environment supportive of people engaging in dialogue and exchanging candid perspectives on disability matters that influence public policy decisions. The summary can be found at http://www.ncd.gov/newsroom/publications/2004/disabilitymatters.htm.

NCD Reports Cited

NCD's 2001 Reconstructing Fair Housing report ( http://www.ncd.gov/newsroom/publications/2001/fairhousing.htm ), which evaluated the U.S. Department of Housing and Urban Development's (HUD) enforcement of the Fair Housing Amendments Act of 1988 and Section 504 of the Rehabilitation Act as they relate to housing for people with disabilities and HUD's overall record of enforcing the civil rights of people with disabilities under these laws, is cited in a new report from the U.S. General Accounting Office. Entitled Fair Housing, Opportunities to Improve HUD's Oversight and Management of the Enforcement Process, the report ((GA)-04-463) can be found at http://www.gao.gov/new.items/d04463.pdf and http://www.gao.gov/highlights/d04463high.pdf.

A new report from the Kaiser Family Foundation, Olmstead at Five: Assessing the Impact ( http://www.kff.org/medicaid/kcmu062104pkg.cfm ), examines what progress has been made and the impact of the Olmstead decision on the Medicaid program. The Kaiser report acknowledges NCD's report, Olmstead: Reclaiming Institutionalized Lives, which can be found at http://www.ncd.gov/newsroom/publications/2003/reclaimabridged.htm.

NCD Vacancy Announcement

NCD is seeking qualified applicants to fill a new position as a congressional liaison specialist ( http://jobsearch.usajobs.opm.gov/ ), Announcement No.: NCD-04-02, GS-301-12/13/14, Salary Range: $60,638-$110,775. Opening June 17 and closing July 8.

The incumbent serves as a congressional liaison specialist with responsibility for advising and assisting in the development, administration, coordination, and execution of plans, policies, and procedures for carrying out NCD's legislative program activities. The specialist will serve as a link between NCD and Congress and the staff of other federal agencies. The specialist will recommend, participate in development and strategic planning, and implement NCD legislative affairs programs such as issue briefs; legislative research and analysis; tracking of legislation; congressional hearings participation; congressional staff briefings; and legislative initiatives. He or she will recommend areas where NCD should consider legislative initiatives and plan and implement such programs. The specialist will prepare written and verbal NCD responses to complex congressional and Administration inquiries. She or he will provide expert advice and assistance in implementing legislative affairs programs and congressional correspondence programs.

Candidates may submit an Application for Federal Employment (SF-171), an Optional Application for Federal Employment (OF-612), resume, or any other written format to U.S. General Services Administration, National Capital Region, Agency Liaison Division, Room 7120, 7th & D Streets, SW, Washington, DC 20407, Attn: Bernadette Wiggins, or phone 202-708-5702, or e-mail bernadette.wiggins@gsa.gov.

NCD to Conduct Quarterly Meeting

NCD will conduct its next quarterly meeting from 9 a.m. to 4 p.m. on Sunday, July 25, and 9 a.m. to 12:00 noon on Monday, July 26, at the Ritz-Carlton, Pentagon City, 1250 South Hayes Street, Arlington, Virginia.

NCD Youth Advisory Committee Meeting

NCD's Youth Advisory Committee's (YAC) public meeting on Friday, July 23, 2004, is from 10 a.m. to 12 noon at the Ritz- Carlton, Pentagon City. Primary dialogue will include effective transition of students from secondary school to postschool activities, such as employment and continuing education or training. Please preregister with YAC Vice-Chair Rebecca Hare, at harer@iel.org or NCD's YAC designated federal official, Gerrie Hawkins, Ph.D., at 202-272-2116 (voice), or 202-272-2074 (TTY).



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