Banner for Monday Morning in Washington, DC

Volume 07                                                                     Issue 10                                                           March 12, 2007              

Welcome to Monday Morning in Washington, D.C., published weekly by The Arc of the United States. We will bring to you news of interest to self advocates and their families, volunteers, professionals, and supporters of the disability movement. Please send any comments to mmwdc@thearc.org. You are welcome to reproduce and distribute items from Monday Morning in Washington, D.C., but please credit Monday Morning in Washington, D.C. (The Arc of the United States, 2007).

 

The Arc of the United States advocates for the rights and full participation of all children and adults with intellectual and developmental disabilities. Together with our network of members and affiliated chapters, we improve systems of supports and services; connect families; inspire communities; and influence public policy.

 

[NOTE: Having trouble reading this newsletter?  Read it online.]

 

IN THIS ISSUE:

NCD Bulletin (Electronic Edition) - A Monthly Publication of the National Council on Disability (NCD) www.ncd.gov        

IDEA Supreme Court Update

 

On February 26, National Council on Disability (NCD) chairperson John R. Vaughn released a statement regarding the U.S. Supreme Court oral argument, which was heard on February 27, on whether parents may, without a lawyer (pro se), file a lawsuit to enforce their child’s rights under the Individuals with Disabilities Education Act (IDEA).

 

The case of Winkleman v. Parma City School District (No. 05-983) addresses a split among circuit courts, one circuit deciding that there are no limitations on the parents’ ability to prosecute pro se an IDEA case in federal court, several circuits ruling that under IDEA parents can only represent pro se their own interests and not those of their child, and the Sixth Circuit saying in Winkleman that parents cannot represent themselves or their kids in court under IDEA.

 

As an independent federal agency that is statutorily charged with the responsibility of promoting disability laws and programs, NCD is concerned about maintaining the ability of parents to obtain the rights and benefits guaranteed to their children under IDEA.

 

Chairperson Vaughn concluded by urging that the resolution of the Winkleman case give full effect to the educational guarantees of IDEA by supporting the rights of parents to pursue the interests of their children regardless of whether they have a lawyer to assist them.

 

The entire statement with links to related NCD publications is available at (http://www.ncd.gov/newsroom/news/2007/r07-531.htm).

 

Parent Survey: Choosing an Educational Placement

 

The National Center on Low-Incidence Disabilities is pleased to support the following Parent Survey for parents of children who are blind or visually impaired.

Parent Survey: Choosing an Educational Placement

The parent is regarded as the most valuable resource in the education of a child who is blind or has low vision. As a parent with a child who is blind or has low vision (including those with additional disabilities), you are being contacted to help us understand your reasons for choosing to educate your child in a public or residential school setting.

Please, note that participation in this survey is voluntary, and the information you provide cannot be traced to you.  The entire survey will only take ten (10) minutes to complete. ( http://www.tsbvi.edu/)
 

DisabilityInfo.gov 

Technical Assistance  Update:  Work Incentive Planning and Assistance (WIPA) Projects

 

List of Community Work Incentive Coordinators who offer information and technical assistance in your state on the work incentives that help Social Security Disability (SSDI) and Supplementary Security Income (SSI) beneficiaries return to work. This information has recently been updated, and is now available - http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=175

 

Children & Youth  Update:  Information and Resources for Girls and Young Women with Disabilities

 

Includes information on becoming independent, learning disabilities and stories shared by young people living with a disability. This information has recently been updated, and is now available-http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=159

 

Medicare  Update:  Help Paying for Medicare Prescription Drug Coverage

 

People with Medicare who have limited income and resources may qualify for extra help paying for Medicare prescription drug coverage costs. If they qualify, they will get help paying for their drug plan's monthly premium, yearly deductible and prescription co-payments. This information hasrecently been updated, and is now available - http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=142

 

Emergency Preparedness Update:  Responding to the Needs of People with Disabilities in Emergency Planning

 

State reports from the Working Conference on Emergency Management and Individuals with Disabilities and the Elderly, including information on ways to ensure that people with disabilities are included in the emergency preparedness planning process. This information has recently been updated, and is now available- http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=213

 

International Conference on Self-Determination

 

SAVE-THE DATE!!!!!
“Everyday Freedoms”
May 26-28, 2008
Detroit Marriott - Renaissance Center - Detroit, USA


Conference Highlights:

For more information, please visit our web site www.self-determination.com

 

Harkin Introduces Bill to Support Community-Based Services
 

Legislation Would Increase Access for People with Disabilities and Older Americans
   
FOR IMMEDIATE RELEASE        
March 7, 2007

Contact: Maureen Knightly / Tom Reynolds 202-224-3254
   
Washington, D.C. - Senator Tom Harkin (D-IA) today introduced the Community Choice Act of 2007, bill number S.799. The legislation, co sponsored by Senator Arlen Specter (R-PA), would increase access to community-based services and other supports for Americans with disabilities and older Americans.

"I strongly believe that it is important to level the playing field and give eligible individuals equal access to community-based services and supports," Harkin said. "This legislation is needed to truly bring people with disabilities into the mainstream of society and provide equal opportunity or employment and community activities."

Specifically, the Community Choice Act of 2007 gives individuals who are eligible for nursing home services or other institutional care equal access to community-based services and supports. The legislation also provides enhanced federal matching funds to help states develop their long-term care infrastructure and grant funds to help states increase their ability to provide home and community-based services. Finally, this bill creates a demonstration project to evaluate service coordination and cost sharing approaches for those eligible for both Medicaid and Medicare services.

"This vital legislation will open the door to full participation by people with disabilities in our neighborhoods, workplaces, economy, and our American Dream," Harkin said.

The following Senators co-sponsored the Harkin-Specter legislation: Edward Kennedy (D-MA), Daniel Inouye (D-HI), Ken Salazar (D-CO), Joseph Biden (D-DE), Joseph Lieberman (ID-CT), Hillary Clinton (D-NY), Charles Schumer (D-NY), and Christopher Dodd (D-CT).

Source: Senator Tom Harkin - Iowa http://harkin.senate.gov/news.cfm?id=270270
 

Motorized Wheelchairs for Nursing Home Residents- Information  Bulletin # 200

On February27, 2007, after four years of community organizing and contentious litigation, a federal court in Illinois approved a class action Settlement Agreement that requires more than 13,000 persons with disabilities in nursing homes be assessed and evaluated for customized motor wheelchairs.  If wheelchairs are found medically appropriate for a person, the Settlement Agreement requires a motorized wheelchair be provided.

Access Living, the Chicago Center for Independent Living and its attorney, Max Lapertosa, recognized that there were many persons in nursing homes who needed and were being denied motorized wheelchairs.  We used the Minimum Data Set (MDS), to establish categories of persons in nursing homes who might need a motorized wheelchair, e.g., "other person wheels," "totally dependent on others" for movement, "locomotion off unit," "quadriplegia," and many others. This information is available in your State for each nursing home with the MDS.

The Settlement Agreement developed a "triage" form that will be used for all 13,000 people who, according to the MDS, falls within a specific category.  After this form is completed, persons will be assessed by a "qualified professional" and, if determined medically necessary and appropriate, will receive either a customized motorized wheelchair (paid for by the State), or a non-customized motorized wheelchair or manual wheelchair (paid for by the nursing home out of the per diem it receives from the State).

The Illinois Health Care Association representing the nursing facilities/homes went to court and opposed the Settlement Agreement.  Why? The Illinois Health Care Association presented three arguments:

  1. Nursing facilities did not have "qualified professionals" who can do "rehabilitation seating and positioning."

    The Settlement Agreement defined "qualified professionals" as an occupational or physical therapist or other health professional who either has "at least two years' experience in rehabilitation seating and positioning" or currently is licensed and received at least five hours of training in the past year, or is certified by RESNA, the professional association.

    Even the State defendants stated that the Settlement Agreement's "evaluation process is no more than what nursing facilities should be doing on a routine basis to determine whether any nursing facility resident needs any kind of care, including durable medical equipment."
     

  2. Nursing facilities did not want to pay for non-customized motorized wheelchairs out of their per diem, and Medicaid does not reimburse for non-customized motorized wheelchairs.

    However, the federal Medicaid statute requires each nursing facility to furnish any medical equipment that "will promote maintenance or enhancement of the quality of life of each resident." Also, non-customized motorized wheelchairs are standard durable medical equipment for nursing facility residents and are part of the Medicaid per diem reimbursement.
     

  3. Because the Settlement Agreement required that if nursing facilities did not comply, the State must "take all appropriate action" against the nursing facilities, including "decertifying the facility as a MA provider" or imposing "fines and/or [other] licensor action," the Illinois Health Care Association strenuously objected.

The Illinois Health Care Association was afraid that the "state agency" might really do what a state agency is supposed to do! Even though the federal court approved the Settlement Agreement, the nursing facilities opposition was appalling.


Nationally, according to CMS, there are about 469,000 persons in nursing facilities are classified as "totally Dependent to move off their unit." In that subgroup, 215,000 require "extensive assistance" to move off their unit, and about 88,000 "actually did NOT" move off their units.  You should be addressing the mobility needs of these people.

In your States, how many people in nursing facilities would benefit from a motorized wheelchairs?  How many people would increase their independence and maybe even think about going outside, if they could ambulate with a motorized wheelchair?  Is your State holding the nursing facilities accountable?  Are the doctors in the nursing homes prescribing wheelchair evaluations and assessments?  Are disability advocates raising this issue in your State?

    Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.  To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.  

 

Medicare: Improvements Needed to Address Improper Payments for Medical Equipment and Supplies. GAO-07-59, January 31


http://www.gao.gov/cgi-bin/getrpt?GAO-07-59 Highlights - http://www.gao.gov/highlights/d0759high.pdf

 

Justice for ALL

No More Stereotypes of People with Intellectual Disabilities!

The Entertainment Industries Council (EIC) has asked AAPD to help ensure that depictions of persons with intellectual disabilities in TV shows and in movies are not stereotypical or patronizing. They have asked AAPD to collect any personal stories you may be able to share with EIC that relate to any of the numerous issues surrounding intellectual disabilities. For example, they want to know about family, health care, legal, diagnostic, developmental concerns, so that they can share actual stories (similar to case studies) with Hollywood writers and producers, with the hope that true-life stories will inspire fictional depictions.

If you would like to participate, please write up a "case study" and send it to AAPD. Just write up the details (the who-what-when-where-why) and send it to me at aapdjenifer@aol.com as soon as you can. Maybe your true story of some outrageous comment or event will change how the world thinks about intellectual disability. I know I'm going to write up a few stories about how my son with intellectual disabilities has been treated very badly a few times (and how we got even!)


Source: Jenifer Simpson, American Association of People with Disabilities, email: aapdjenifer@aol.com

 

[nectac-enotes] Leadership doctoral program at ISU

 

Iowa State University is interested in doctoral students who want to become leaders and change agents in supports and services for young children with disabilities and their families. Based in the Department of Human Development and Family Studies (HDFS) in the College of Human Sciences, this program provides an innovative doctoral leadership program in early childhood special education. It is newly funded by the U.S. Department of Education and will recruit and train a cohort of doctoral students to begin in Fall of 2007 (the grant goes until Spring 2011).

 

We are currently taking applications - due April 1st (or until the program is full) - for students who are interested in the program.  We will fund 5 full time and 5 part-time students.  Full time students will receive a stipend/assistantship $17,000 a year plus full tuition; part-time students will receive a stipend of $5,000 for tuition/books. Seminars and coursework will focus on early literacy, cultural competence, families, special education policy, and behavioral supports. Field experiences are an integral part of the program and will provide students opportunities to work with research projects, state initiatives, and university teaching. Upon completion of the PhD Program in HDFS, students may work as faculty members, researchers, or administrators in early childhood/early childhood special education.

 

For information about the PhD program in HDFS and information on how to apply to the ECSE Doctoral Leadership Program go to our department website http://www.hdfs.hs.iastate.edu/ and click on Leadership Training Opportunity Announcement on the right hand side. You will find the application.

 

The core faculty include: Mary Jane Brotherson, Gayle Luze, Carla Peterson and Carl Smith. Other faculty from the Departments of Human Development and Family Studies and the Department of Curriculum and Instruction are also involved in the program.

 

If you are interested in becoming a leader and change agent for services for young children with disabilities and their families - complete the application at our website.  Or if you have other questions contact: Mary Jane Brotherson PhD, Professor, Department of Human Development and Family Studies, 51 LeBaron Iowa State University Ames, IA  50010, 515-294-3677, FAX 515-294-1765, mjbrothe@iastate.edu

 

[nectac-enotes] NECTAC eNotes - March 9, 2007
 Early Childhood Leadership Symposium Materials Available

 

Source: National Center for Research on Early Childhood Education - March 6, 2007

The National Center for Research on Early Childhood Education (NCRECE) is funded by the Institute of Education Sciences, U.S. Department of Education, to conduct research, disseminate research findings, and conduct leadership activities aimed at improving the quality of early childhood education across the United States. Materials from NCRECE's recent Leadership Symposium, held on February 1st, 2007, are now available online at http://www.ncrece.org/resources/summit2007/

 

Behavior Policy Makers' Summits - Resources Now Available Online

 

Source: Center for Evidence-Based Practices: Young Children with Challenging Behavior - March 2, 2007

The Center for Evidence-Based Practices: Young Children with Challenging Behavior has convened annual Summits to bring together individuals who can influence federal and state policy, create a forum for discussion and collaborative action planning, and allow participants to review research findings and collaboratively identify issues and initiatives to improve social and behavioral outcomes for young children. Materials, presentations and summaries of discussions from these Summits (2003, 2004, 2005, and 2006) can now be found on the Center's Web site at http://challengingbehavior.fmhi.usf.edu/summit_home.htm

 

Grant Notice - National Center to Enhance the Training of Personnel Who Share Responsibility for Improving Outcomes for Young Children with Disabilities

 

Source: Federal Register: March 5, 2007 (Volume 72, Number 42)

Issuing Agency: U.S. Dept. of Education, Office of Special Education and Rehabilitative Services

Title: National Center to Enhance the Training of Personnel Who Share Responsibility for Improving Outcomes for Young Children With Disabilities (National Early Childhood Training Enhancement Center) [CFDA# 84.325J]

 

Purpose of Program: To (1) help address State-identified needs for highly qualified personnel - in special education, related services, early intervention, and regular education - to work with infants or toddlers with disabilities, or children with disabilities; and (2) ensure that those personnel have the skills and knowledge - derived from practices that have been determined through research and experience to be successful - that are needed to serve those children.

 

Applications Available: March 5, 2007.
Deadline for Transmittal of Applications: April 19, 2007.
Complete information is available at: http://www.ed.gov/legislation/FedRegister/announcements/2007-1/030507a.html

 

Early Reading First Program - Notice Reopening the Deadline Date for Transmittal of Pre-Applications for Fiscal Year (FY) 2007

 

Source: Federal Register: March 7, 2007 (Volume 72, Number 44)

The Department of Education is reopening the pre-application phase of the Early Reading First FY 2007 competition for all eligible local educational agencies (LEAs) and for eligible entities located in communities served by those LEAs. The pre-application phase is being reopened, because the originally posted State lists of eligible LEAs did not include all LEAs that were eligible as of January 22, 2007, and included some LEAs that were ineligible as of that date. The new deadline date for applicants to submit pre-applications is March 23, 2007. For complete information go to http://www.ed.gov/legislation/FedRegister/announcements/2007-1/030707a.html

 

Applicants must refer to the notice inviting applications that was published in the Federal Register published on January 22, 2007 (available at http://www.ed.gov/legislation/FedRegister/announcements/2007-1/012207d.html) for all other requirements concerning this reopened competition.

 

Analysis of State Newborn Hearing Screening Rates

 

Source: Public Health Reports - Retrieved March 2, 2007

The results of a study done to determine whether states with universal newborn hearing screening legislation screened a higher percentage of infants for hearing loss than states without such legislation are described in the March-April 2007 issue of Public Health Reports. To read a full summary of the findings go to http://www.mchlibrary.info/alert/2007/alert030207.html#5

 

Article full citation: Green, D. R., Gaffney M., Devine O., et al. (2007). Determining the effect of newborn hearing screening legislation: An analysis of state hearing screening rates. Public Health Reports, 122(2):198-205. Available at http://www.publichealthreports.org/userfiles/122_2/11_PHR122-2_198-205.pdf

 

NACCRRA Report Ranks the States on Child Care Center Standards

 

Source: NACCRRA - March 5, 2007

A new NACCRRA report, entitled We Can Do Better, provides scorecards ranking state child care center standards, state child care oversight, and a combined score ranking states on both standards and oversight. The authors conclude that child care standards and oversight vary state by state and many states are doing little to protect the health and safety of children or to promote school readiness." Available online at http://www.naccrra.org/policy/scorecard.php

 

Kids Count Data Snapshot - One Out of Five U.S. Children is Living in an Immigrant Family

 

Source: Annie E. Casey Foundation - March 9, 2007

A new Kids Count Snapshot provides state- and national-level data about children residing in immigrant families in the United States, background on why it is critical to help this growing group of children, and resources for improving their chances of growing up with the opportunities they need to succeed. Go to http://www.aecf.org/kidscount/sld/snapshot_immigrant.jsp

 

One-Stop Toolkit Resources of the Week Technical Assistance Project

UPDATED:  ADA Best Practices Tool Kit for State and Local Governments

 

U.S. Department of Justice - Civil Rights Division

 

http://www.usdoj.gov/crt/ada/pcatoolkit/toolkitmain.htm

 

[The following is excerpted from the web page.]

 

On February 27, 2007 the Civil Rights Division of the U.S. Department of Justice (DOJ) issued new installments of a technical assistance document designed to assist state and local officials in improving compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities and facilities.  These newly released documents address Effective Communication Requirements Under Title II of the ADA and 911 and Emergency Communications Services. On December 5, 2006 DOJ issued the first installments.

 

The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities.  It will also teach state and local officials how to conduct accessibility surveys of their buildings and facilities to identify and remove architectural barriers to access.

 

The first and second installments of the ADA Tool Kit, issued December 5, 2006, include:

·         About This Tool Kit (HTML) | (PDF)

·         Chapter 1, ADA Basics: Statutes and Regulations (HTML) | (PDF)

·         Chapter 2, ADA Coordinator: Notice and Grievance Procedure (HTML) | (PDF)

·         Chapter 2, Addendum: Title II Checklist (HTML) | (PDF)

 

The third and fourth installments, issued February 27, 2007, include:

·         Chapter 3, General Effective Communication Requirements Under Title II of the ADA (HTML) | (PDF)

·         Chapter 3, Addendum: Title II Checklist (HTML) | (PDF)

·         Chapter 4, 9-1-1 and Emergency Communications Services (HTML) | (PDF)

·         Chapter 4, Addendum: Title II Checklist (HTML) | (PDF)

 

While state and local governments are not required to use the ADA Best Practices Tool Kit, the Department encourages its use as one effective means of complying with the requirements of Title II of the ADA.

 

Fact Sheet on Post Traumatic Stress Disorder

 

U.S. Department of Veterans Affairs

http://www.ncptsd.va.gov/ncmain/ncdocs/fact_shts/fs_treatmentforptsd.html

 

Most people experience considerable distress and avoidance after being exposed to a severely traumatic experience. This is a normal and adaptive response and often includes reliving the event in thoughts, images, and dreams. This initial reliving of the event may in fact contribute to the healing process and provide a way of achieving mastery over the event. For most people, these symptoms usually become less severe and gradually disappear over time. For others, the symptoms persist and become chronic, leading to PTSD.

 

There are many treatments available for PTSD. This fact sheet discusses:

U.S. Department of Labor WIRED:  Talent Driving Prosperity

 

http://www.doleta.gov/wired/

 

The WIRED Initiative (Workforce Innovation in Regional Economic Development) stresses the critical role that talent development plays in creating effective regional economic development strategies. This initiative was launched in November 2005 to assist regions in integrating economic and workforce development activities. The WIRED Public website hosts an extensive library of information, resources, and tools to help you prepare for economic growth and revitalization in your region. Resources include:

The resources listed above can be found in the WIRED Resource Library along with a WIRED fact sheet to learn more about the initiative at.  Links to these resources and more are available at:  http://www.doleta.gov/wired/tools/resourceLibrary.cfm.

 

U.S. Department of Health and Human Services Office on Disability

 

http://www.hhs.gov/od/

 

The Health and Human Services Office on Disability was created in October 2002 in response to President Bush's New Freedom Initiative (NFI). The office oversees the implementation and coordination of disability programs, policies and special initiatives pertaining to the over 54 million persons with disabilities in the United States. The New Freedom Initiative established seven distinct domains in the area of disability: community integration, education, employment, health, housing, technology, and transportation. The Office on Disability focuses its efforts on these seven domains.

 

Under the section “Disability Topics” (http://www.hhs.gov/od/topics/topics.html), you can access links to the following areas:

Developing Linkages to Benefits Planning, Assistance, and Outreach Services presented by EmployAbility

 

T-TAP Info Brief

http://www.t-tap.org/ta/employability_lesson.htm

 

EmployAbility is one of the first agencies that T-TAP (Training and Technical Assistance for Providers) selected to receive technical assistance when the project began in 2002. Agencies responded to a request for proposals, and EmployAbility received a year of intensive support from project staff and a mentor agency that has been successful in moving individuals with disabilities into customized positions in the community earning at least minimum wages. Read more about EmployAbility in this brief on lessons learned.

 

NCD Letter on the UN Convention

 

March 5, 2007
The President
The White House
Washington, DC 20500

 

Dear Mr. President:

The United Nations recently adopted a Convention on the Rights of Persons with Disabilities, a vital new instrument for the advancement of rights and opportunities for the more than 600 million people with disabilities globally. In the six years of the drafting of the Convention, your Administration provided fundamental and valued technical assistance during the eight sessions of the Ad Hoc Committee. The U.S. delegation drew on our nation’s prolific experience with disability laws and policies in providing guidance on the foundational principles of the Convention. In both our mandated advisory role and that of promoting policy that enhances the lives of people with disabilities, the National Council on Disability (NCD) was pleased to support the efforts of the United States in the Convention process. This council thanks you and your administration for your leadership role in accomplishing this landmark treaty.

 

The entire letter and NCD’s recommendation can be found at http://www.ncd.gov/newsroom/correspondence/2007/president_03-05-07.htm.

 

Thank you.

Mark S. Quigley

Director of Communications

National Council on Disability

1331 F Street, NW Suite 850

Washington, DC 20004

 

National Association of Senior Move Managers

 

NASMM is a non-profit, professional association of organizations dedicated to helping older adults and their families with the physical and emotional aspects of moving.  Our members are committed to maximizing the dignity and autonomy of older adults as they transition from one living environment to another.

 

 

[Want to read previous issues of the Monday Morning in Washington, DC?  View them online.]

 

 

Until Next week

  

The Arc of the United States, 1010 Wayne Avenue, Ste. 650, Silver Spring, MD 20910, Phone: 3015653842, Fax: 3015653843, Email: mmwdc@info.thearc.org, Web: www.thearc.org

 

 Disclaimer: MMWDC publishes information about issues and events that we believe to be important and likely to be of interest to advocates and others interested in inclusion of persons with disabilities in all parts of society.  However, MMWDC and The Arc of the United States do not necessarily endorse all events, sponsoring organizations and reports which appear.