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Disability Policy News will break during August recess and return on September 12th.
Budget and Appropriations
On July 28th, Chairman Leahy (D-VA) released the Chairman’s mark of the 12 senate appropriations bills for Fiscal Year 2023. Also, Chairman Leahy, Senator Murray (D-WA) and Senator Coons (D-DE) introduced a $21 Billion Emergency Supplemental To Address The Ongoing COVID Crisis And Other Emerging Diseases. On July 27th, Senate Democrats announced they had reached a deal on a reconciliation package. The Inflation Reduction Act of 2022 was introduced by Majority Leader Schumer with Senator Manchin’s support. The bill will make a “historic down payment on deficit reduction to fight inflation, invest in domestic energy production and manufacturing, and reduce carbon emissions by roughly 40 percent by 2030. The bill will also finally allow Medicare to negotiate for prescription drug prices and extend the expanded Affordable Care Act program for three years, through 2025.”
Plain Language
The Senate Democrats have released their funding bills for Fiscal Year 2023. The Labor, Health, Human Services, Education and Related Agencies bill funds almost all disability programs. The Senate Democrats also introduced a bill to help fight COVID-19 and another bill to help pay for increased costs of goods, address recent changes in the climate, and reduce drug prices.
Action Steps
Read the appropriations bills. Read the Emergency Supplemental Bill to Address COVID. Read the full bill of the reconciliation package. Read the one-pager of the reconciliation bill. For more, use this link for one-pagers of the different sections of the bill. Call your Members of Congress and educate them on the importance of quickly passing these bills to fund federal programs, reduce inflation, bring down drug prices and address COVID. You can reach your members by calling the Capitol Switchboard at 202-224-3121.
ABLE Age Adjustment Act
On Wednesday June 22nd, the Senate Finance Committee met to mark-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. The ABLE Age Adjustment Act will increase the age eligibility for ABLE accounts from 26 to 46, giving millions of people with disabilities the chance to save money without losing eligibility for federal benefits. 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 signed on to this Statement for the Record from the Consortium for Constituents with Disabilities.
Plain Language
The Senate Finance Committee met to discuss the Enhancing American Retirement Now Act (EARN Act. The Committee included the ABLE Age Adjustment Act in the EARN Act. 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. The Able Age Adjustment Act would increase the age of eligibility to 46, giving more people access to these accounts.
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. Please help to increase the number of co-sponsors in the House of Representatives.
Action Steps
Learn more about ABLE accounts at the ABLE National Resource Center. Please help to increase the number of co-sponsors in the House of Representatives. Call your Representatives 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.
U.S. Department of Education Releases Guidance on School Discipline
The U.S. Department of Education’s Office of Civil Rights (OCR) and Office of Special Education and Rehabilitation Services (OSERS) have released guidance to ensure that students with disabilities are not discriminated against when they are disciplined in school. Students with disabilities are suspended, expelled, restrained, secluded, and subjected to discipline and police attention at higher rates than their peers. The guidance from OCR “describes schools’ responsibilities under Section 504 to ensure nondiscrimination against students based on disability when imposing student discipline.” The Question and Answers from OSERS offers to all education stakeholders, including families and educators, the support needed to implement the Individual with Disabilities Education Act’s (IDEA) “discipline provisions in a way that upholds the law’s promise of equality of opportunity.”
Plain Language
The U.S. Department of Education released guidance on the rights of students with disabilities in schools when they are disciplined. The documents should help to make sure students with disabilities are safe in school and they receive the education they deserve.
What It Means For You
The U.S. Department of Education released guidance on the rights of students with disabilities in schools when they are disciplined. The guidance should help to ensure students with disabilities are not discriminated against and receive a free and appropriate education as required by IDEA. The guidance will hopefully help make schools safer for students with disabilities.
Action Steps
Read the guidance from OCR and OSERS. The new resources include:
U.S. AbilityOne Commission Ends Payment of Subminimum Wages on AbilityOne Contracts
The AbilityOne Program, which is a program that employs approximately 40,000 individuals with disabilities, has issued a final rule that prohibits the payment of sub-minimum wages on contracts with the AbilityOne Program. The Ability One Program was established in 1938, and the Program is administered by the U.S. AbilityOne Commission, an independent Federal agency. The Commission has designated the National Industries for the Blind and SourceAmerica as nonprofit agencies to help administer the Program. The program’s mission is to provide employment to people who are blind or have significant disabilities by providing work that delivers products and services to Federal agencies. The rule goes into effect on October 19th, and nonprofits who employ people with disabilities through the AbilityOne Program can request an extension of up to 12 months to comply with the rule.
Plain Language
AbilityOne is a program that employs 40,000 people across the country. The federal agency has issued a new rule to make sure that people employed through this program are not paid less than the minimum wage. The rule goes into effect in October of this year.
What It Means For You
If you are employed through the AbilityOne Program, you will be guaranteed to make at least the minimum wage. If you are an employer of people through the AbilityOne Program, you have until October 19th to comply, or you may request an extension of up to 12 months.
Action Steps
Read the report.
House Energy and Commerce Republicans Release Report on Disability Policies in the 21st Century
The Republicans on the Energy and Commerce Committee, under the leadership of Representative Cathy McMorris-Rodgers (R-WA), have released a report on the barriers for people with disabilities in the 21st century. The report, Disability Policies in the 21st Century: Building Opportunities for Work and Inclusion, states that there are three primary barriers that “keep people with disabilities from living up to their full potential and contributing to their communities. These include:
“1. Ensuring access to long-term services and supports by eliminating waitlists for such care in Medicaid and making coverage options more affordable for those not covered by Medicaid;
2. Making communities and daily life more accessible for people with disabilities by supporting access to assistive technologies and enforcing accommodation requirements in the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (Section 504) in health care settings; and
3. Moving the workforce toward integrated employment by eliminating the subminimum wage for people with disabilities and providing supports and funding opportunities for accommodations in the workplace.”
The report also states that the House Republicans on the Energy and Commerce Committee are open to receiving public comment on how the policies and solutions that Congress should take improve lives of those with disabilities.
The report goes on to discuss the importance of access to long-term services and supports, including home and community-based services, accommodations in daily life and the community, and barriers to integrated employment. Each section summarizes numerous issues under that heading and includes specific requests for information.
Plain Language
House Republicans on the Energy and Commerce Committee, which is led by Representative Cathy McMorris-Rodgers (R-WA), have released a report summarizing the obstacles that people with disabilities face today. The report outlines solutions for these problems, like banning subminimum wage and making it easier to receive home and community-based services. The report also asks for people to provide comments on how to address these barriers.
What It Means For You
House Republicans on the Energy and Commerce Committee have identified barriers to people with disabilities living inclusive lives and are open to hearing from the public about the barriers that people with disabilities face and possible solutions. Hopefully, this leads to policy changes that create inclusive lives in the community for people with disabilities.
Action Steps
Read the report and provide comments on the Requests for Information to the Committee.
The U.S. Department of Education’s Office of Civil Rights Releases Report for Fiscal Year 2021
The U.S. Department of Education’s Office of Civil Rights (OCR) has released their report for Fiscal Year 2021 (FY 21). The report, Safeguarding Students’ Civil Rights, Promoting Educational Excellence, walks through complaints that were filed during FY 21 and how OCR addressed the complaints. The report includes a chapter regarding Section 504 and ADA Title II: Discrimination on Disability. In FY 21, OCR received 8,934 complaints and resolved 8,238. 48% of these complaints involved discrimination based on disability. Approximately 91% of the disability related complaints were resolved during FY 21 and OCR initiated 11 directed investigations based on violations of disability related laws.
Plain Language
The U.S. Department of Education’s Office of Civil Rights released a report that summaries complaints they received during the past year. 48% of their complaints were related to disability law issues, and 91% of these complaints were resolved.
What It Means For You
The report documents how it addresses disability-related complaints in schools. If you believe a school has violated the Americans with Disabilities Act or Section 504 of the Rehabilitation Act, you can file a complaint with OCR.
Action Steps
Read the report.
National Center on Birth Defects and Developmental Disabilities Releases their Strategic Plan for 2022-2026
The National Center on Birth Defects and Developmental Disabilities (NCBDDD) has released their strategic plan for 2022-2026. The plan focuses on 4 major areas: saving babies through birth defects prevention and research, helping children live to the fullest by understanding developmental disabilities, protecting people and preventing complications of blood disorders, and improving health of people with disabilities. NCBDDD is committed to reducing health inequities within their programs and helping children and parents reach their full potential.
Plain Language
The National Center on Birth Defects and Developmental Disabilities has released their plan for 2022-2026. The plan contains their goals for the next four years. The plan focuses on helping children and adults live the healthiest lives possible while making their programs more inclusive.
What It Means For You
This plan will help protect children and their parents from future health emergencies. The strategic plan aims at reducing the prevalence and reducing the impact of disabilities acquired at birth and other developmental disabilities.
Action Steps
Read the strategic plan.
Tuesdays with Liz: Did you know that Liz has a YouTube Channel?
'Tuesdays with Liz' is a weekly 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
 
For more from AUCD, follow @AUCDNews and like AUCD on Facebook
For definitions of terms, please see AUCD's List of Policy Definitions
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