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Disability Policy News will take a recess until after the election and AUCD Conference. It will return on November 28, 2022.
Budget and Appropriations
The Labor, Health and Human Services, Education, and Related Agencies Appropriations (LHHS) bill funds almost all disability programs. A continuing resolution was passed on September 29th, which extends funding for the federal government through December 16th, and prevented a shut down. After the election, it will be determined how Congress will complete the process for Fiscal Year 2023.
On July 28th, Chairman Leahy (D-VA) released the Chairman’s mark of the 12 appropriations bills in the Senate for Fiscal Year 2023. The LHHS subcommittee has marked-up the Transportation, and Housing and Urban Development, and Related Agencies; Labor, Health and Human Services, Education, and Related Agencies Appropriations Bills and Revised Report on the Subcommittee Allocations for the House of Representatives for Fiscal Year 2023.
Plain Language
The Senate Democrats have released their funding bills for Fiscal Year 2023. The Fiscal Year runs from October 1st – September 30th each year. The House of Representatives has passed its bill through Committee. The House of Representatives and Senate did not finish the budget work by the deadline of October 1st, so an extension has been given until December 16th.
Action Steps
Call your Members of Congress and educate them on the importance of quickly passing the LHHS bills to fund federal programs. You can reach your members by calling the Capitol Switchboard at 202-224-3121.
House of Representatives Passes the Respond, Innovate, Succeed, and Empower Act
On September 29th, the House voted 220-205 to pass the Respond, Innovate, Succeed, and Empower (RISE) Act (H.R. 4786) introduced by Representative Bonamici (D-OR-1) as part of the larger Mental Health Matters Act (H.R. 7780) introduced by Representative DeSaulnier (D-CA-11).
The RISE Act requires colleges to accept a student’s individualized education program (IEP), accommodation plan, or other prior evaluation as sufficient proof of disability when a student requests accommodations from a college or university, so they do not have to pay for additional evaluations to document disability. The bill also provides funding for technical assistance centers to train faculty on how to support students with disabilities and provides resources to students with disabilities and their families.
Plain Language
The House of Representatives passed the Mental Health Matters Act, which included a bill called the Respond, Innovate, Succeed, and Empower (RISE) Act. The RISE Act will require colleges to accept a student’s proof of disability from K-12 schools when they request accommodations in college. Currently, many college students have to pay for extra doctor’s appointments to provide proof of disability.
What It Means For You
Students with disabilities will no longer have provide additional documentation as proof of disability when a student requests accommodations from a college or university. This will save college students with disabilities and their families time and money.
Action Steps
Call your Senators and educate them on the importance of passing the RISE Act. You can reach your members by calling the Capitol Switchboard at 202-224-3121.
Representative DeSaulnier and Representative Sempolinski Introduce the 21st Century Assistive Technology Act
On September 30th, Representative DeSaulnier (D-CA-11) and Representative Sempolinski (R-NY-23) introduced the 21st Century Assistive Technology (AT) Act (H.R. 9028), which would reauthorize the Assistive Technology Act last reauthorized in 2004.
The bill “facilitates access to assistive technology by providing increased funding for the four state-level activities, including state financing activities, device reutilization programs, device loan programs, and device demonstrations.” It also provides increased funding for the Protection & Advocacy agencies and provides funding for technical assistance activities for the state programs and Protection and Advocacy agencies. It also creates funding for “Projects of National Significance”. Senator Casey has already introduced the 21st Century Assistive Technology Act (S. 2401) in the Senate.
Plain Language
On September 30th, Representative DeSaulnier (D-CA-11) and Representative Sempolinski (R-NY-23) introduced the 21st Century Assistive Technology (AT) Act (H.R. 9028),. This bill provides funding for people to access assistive technology, which help people with disabilities live more independently.
What It Means For You
If you are a person who uses assistive technology or has trouble accessing assistive technology, this bill will make it easier to access the needed technology.
Action Steps
Read the Factsheet. Call your Members of Congress and educate them on the importance of improving access to assistive technology for people with disabilities. You can reach your members by calling the Capitol Switchboard at 202-224-3121.
Senator Durbin and Senator Duckworth Urge the U.S. Department of Education to Ban the Informal Removal of Students.
On October 5th, Senator Durbin (D-IL) and Senator Duckworth (D-IL) sent a letter to the U.S. Department of Education’s Office of Civil Rights (OCR) Assistant Secretary Catherine Lhamon urging OCR to include a definition of informal removals in its final rulemaking for Section 504 of the Rehabilitation Act. OCR recently issued guidance on how to support students with disabilities and avoid the discriminatory use of student discipline under Section 504. The new guidance makes clear how Section 504’s requirements to provide a free appropriate public education (FAPE) apply to disciplinary practices, such as informal removal of students with disabilities.
Informal removals occur when students with disabilities are removed from school for a period of time without following the legal requirements under Section 504 and other federal and state laws and regulations. Informal removals can cause many students with disabilities to miss weeks or months of school. Additionally, this kind of discipline is not documented, so it is not possible to know how many informal removals happen per year.
Plain Language
Senator Durbin (D-IL) and Senator Duckworth (D-IL) are asking the U.S. Department of Education to define “informal removal.” A definition is needed in the rules, so schools stop sending students home from school without following the law.
What It Means For You
If you are a parent of a student with disabilities, a definition will hopefully help enforce the new guidance from OCR.
Action Steps
Read the letter. Learn more in this report from the National Disability Rights Network.
National Strategy to Support Family Caregivers
On September 21st, the National Strategy to Support Family Caregivers was released. The strategy outlines around 400 actions that Federal, State, and local governments can take to support family caregivers. The strategy was developed jointly by the two advisory councils created by the RAISE Family Caregiving Act and the Supporting Grandparents Raising Grandchildren Act, with input from family caregivers and the public. The strategy is open for public comment for 60 days beginning on October 1st.
Plain Language
On September 21st, a plan to support family caregivers was released. Family caregivers are people who take care of their friends or family members with disabilities with little to no pay. The plan explains steps the government can take to support family caregivers. The plan is open for public comment for 60 days beginning on October 1st.
What This Means For You
If you are a family caregiver, this plan will hopefully encourage different levels of government to provide more funding and support to you.
Action Steps
Read the report. Submit a public comment.
Transformation to Competitive Integrated Employment Act
The Transformation to Competitive Integrated Employment Act (S. 3238 / H.R. 2373) was introduced by Senator Casey (D-PA) and Senator Daines (R-MT) in the Senate and Representative Bobby Scott (D-VA-3rd) and Representative McMorris-Rodgers (R-WA-5) in the House of Representatives. The bill will phase-out the use of 14(c) of the Fair Labor Standards Act and assist employers in transforming their business models to support individuals with disabilities through competitive integrated employment. This bill also creates technical assistance centers to support businesses as they phase-out subminimum wage.
Plain Language
The Transformation to Competitive Integrated Employment Act will stop over time paying people with disabilities less than minimum wage. Current law allows certain employers to pay workers with disabilities below the minimum wage, and this bill would stop this from happening, so people with disabilities can have jobs and careers that pay a living wage.
What It Means For You
If you or someone you know is currently being paid below the minimum wage because of their disability, this bill will phase-out the use of subminimum wage over the course of several years. The bill will also provide support to businesses as they phase-out the practice of subminimum wage.
Action Steps
Learn more in this one-pager from Senator Casey’s office. Watch our Tuesday’s with Liz episode where she interviews Senator Daines. Call your Members of Congress and educate them on the importance of phasing out sub-minimum wage and ensuring people with disabilities can work in the community for a fair and livable wage. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.
ABLE Age Adjustment Act
The Able Age Adjustment Act (S. 331 / H.R. 1219) was introduced by Senator Casey (D-PA) in the Senate and Representative Cárdenas (D-CA-29) and Representative Cathy McMorris-Rodgers (R-WA-5) in the House of Representatives. This bill will increase the age eligibility for ABLE accounts from 26 to 46.
On June 22, 2022, the Senate Finance Committee marked-up the Enhancing American Retirement Now Act (EARN Act), which is a part of the larger retirement reform bill (SECURE 2.0). The ABLE Age Adjustment Act was included in the EARN Act as part of the mark-up. ABLE accounts are tax-free savings accounts for people with disabilities to save money, while not disqualifying them from federal benefits like Supplemental Security Income or Medicaid. AUCD recently signed on to this letter from the Collaboration to Promote Self-Determination.
Plain Language
The ABLE Age Adjustment Act would increase the age to 46, giving more people access to these accounts. ABLE accounts are savings accounts for people who develop their disability before the age of 26, and they allow people to save money without risking losing federal benefits such as Supplemental Security Income or Medicaid.
What It Means For You
If you acquired a disability between the ages of 26 and 46, the ABLE Age Adjustment Act will make you eligible for ABLE accounts. This will allow you to save money without risking losing access to federal benefits.
Action Steps
Learn more about ABLE accounts at the ABLE National Resource Center. Call your Members of Congress and educate them about the importance of ABLE accounts for those ages 26-46. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.
Tuesdays with Liz: Did you know that Liz has a YouTube Channel?
'Tuesdays with Liz' is a video series highlighting current issues in disability policy. It is hosted by Liz Weintraub, a long-time disability advocate, and produced by AUCD.
You can help spread her message by:
- Subscribing to the Tuesdays with Liz YouTube Channel!
- Liking videos on the channel
- Making comments on the channel
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For definitions of terms, please see AUCD's List of Policy Definitions
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