National Council on Disability: Monthly Bulletin Highlights

4/30/2003

From: Mark Quigley of the National Council on Disability, 202-272-2004; http://www.ncd.org

WASHINGTON, April 30 -- Following are highlights of the current edition of the National Council on Disability's (NCD) monthly Bulletin. The Bulletin, which is free of charge and can be found at NCD's award-winning Web site (http://www.ncd.gov), brings the latest issues and news affecting people with disabilities.

NCD Releases Policy Papers

On April 29, NCD released a policy brief, The Supreme Court's ADA Decisions Regarding Substantial Limitation of Major Life Activities. The brief examines the meaning and significance of the concepts of "substantial limitation" and "major life activities"; what the Supreme Court has said about them; the implications of the Court's declarations; and how the lower courts have handled questions about substantial limitation on major life activities (http://www.ncd.gov/newsroom/publications/limitation.html).

On April 15, NCD advised policymakers and education leaders to ensure that any development of school vouchers is based on the direct input of parents, positive results for students with disabilities, sound empirical research on the effectiveness of vouchers as a policy option, and compliance with applicable federal and state laws and civil rights regulations.

NCD's paper School Vouchers and Students with Disabilities (http://www.ncd.gov/newsroom/publications/vouchers.html) addresses the applicability and efficacy of extending publicly funded school voucher options to students with disabilities who are served under the Individuals with Disabilities Education Act (IDEA). The paper focuses on vouchers that allow eligible participants to use public education funds to attend private schools and the impact of such programs on the education of students with disabilities. Other school choice options, such as charter and magnet schools, are discussed only as they compare to and differ from voucher programs.

Legislative Update

On April 7, NCD announced its opposition to the Americans with Disabilities Act (ADA) Notification Act (H.R. 728), which was introduced in the U.S. House of Representatives on February 12, 2003. On April 8, the House Small Business Committee held a hearing on the Act.

NCD is deeply concerned about the proposed ADA Notification Act, which would amend Title III of the ADA to require written notice to a place of public accommodation or a commercial facility about a specific ADA violation 90 days before bringing suit and would not allow for attorneys' fees and costs. The bill, with 34 co-sponsors, was referred to the House Judiciary Committee. The Senate has not yet introduced a bill.

During his presidential campaign, then Governor George W. Bush declared his opposition to the ADA Notification Act in an interview with Business Week Online (http://www.businessweek.com/bwdaily/dnflash/jun2000/nf00621g.htm).

NCD recommended that Congress follow the same careful considerations it relied on when enacting the ADA-and not pass this unnecessary amendment. See http://www.ncd.gov/newsroom/correspondence/manzullo_04-07-03.html for more on NCD' s opposition.

On April 18, NCD provided advice and recommendations to Congress on the current reauthorization of IDEA (H.R. 1350) (http://www.ncd.gov/newsroom/correspondence/chair_04-18-03.html).

On April 29, the bill-the Improving Education Results for Children with Disabilities Act-was favorably voted out of the House Committee on Education and the Workforce; it awaits floor action. The Act revises requirements for (1) assistance for the education of all children with disabilities, including infants and toddlers, particularly the identification of such children; (2) national activities to improve the education of such children; (3) scientifically based research into educational practices that support learning and improve academic achievement and progress for all students with disabilities; (4) technical assistance, model demonstration projects, dissemination of information, and personnel programs; and (5) supports to improve results for children with disabilities, especially parent and community training and information centers.

The bill replaces state program improvement grants for children with disabilities with grants to state education agencies for professional development of both special education and regular education teachers of children with disabilities. It also revises reporting requirements to reduce paperwork for special education teachers.

NCD's Youth Advisory Committee Needs Your Help

NCD's Youth Advisory Committee is seeking input from former and current college students with disabilities. Information about the inquiry -- How Do Students with Disabilities Pay for College? -- can be found at http://www.ncd.gov/newsroom/advisory/youth/yac_inquiry.html. Responses can be sent to NCD's Youth Advisory Committee by fax at (202) 272-2022 or through e-mail to youthfeedback@yahoo.com.

Transcript Available A transcript of NCD chairperson Lex Frieden' s March 5 presentation as the Morning Newsmaker at the National Press Club is now available at http://www.ncd.gov/newsroom/testimony/frieden_03-05-03.html.

In his presentation, which was carried on C-SPAN, Frieden addressed community-based services for people with disabilities, the implications of health care reform for people with disabilities, and the development of an International Convention on the Rights of People with Disabilities, which is coming before the United Nations in June.

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