Disability Policy News

September 26, 2022


September 26, 2022 \| Vol. MMXXII, Issue 44

With the upcoming recesses, Disability Policy News will be taking some breaks. Look for the next edition on October 17^th and then it will return on November 21^st.

Budget and Appropriations

The Labor, Health and Human Services, Education, and Related Agencies Appropriations (LHHS) bill funds almost all disability programs. On July 28^th, Chairman Leahy (D-VA) released the Chairman’s mark of the 12 senate appropriations bills for Fiscal Year 2023. The House of Representative 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. While the House and Senate have hit road bumps on passing a continuing resolution this week and there is the possibility of a government shutdown, it is still expected that the House and Senate will reach a deal and pass a continuing resolution before October 1^st continuing Fiscal Year 2022 funding levels until most likely after the election.

Plain Language

The Senate Democrats have released their funding bills for Fiscal Year 2023. The House of Representatives has passed its bill through Committee. The House or Representatives and Senate will not finish work by October 1^st. They will likely pass a bill to continue funding until after the election.

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.

National Strategy to Support Family Caregivers

On September 21^st, 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 will be open for public comment for 60 days beginning on October 1^st. A link to provide comments is not yet available. Subscribe to ACL Updates to receive a reminder of the open comment period and a link to the comment portal.

Plain Language

On September 21^st, 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. This plan explains steps the government can take to support family caregivers. The plan will be open for public comment beginning on October 1^st.

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.

U.S. Department of Education, Office of Special Education Programs Extends Deadline for Public Comments on Advancing Equity

On June 24, 2022, the U.S. Department of Education, Office of Special Education Programs (OSEP) issued the 2022 determination letters on state implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C. The IDEA requires OSEP to issue an annual determination, based on the State Performance Plan (SPP) and Annual Performance Report (APR), which evaluates the State’s efforts to implement the requirements and purposes of the IDEA and describes how the State will improve its implementation.

As noted in this year’s determination letters, and consistent with the Executive Order 13985 on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, the Department of Education is looking at how the 2023 determinations process can promote equity. The Department of Education recognizes that this is a very complex issue and is welcoming suggestions from the public on innovative solutions. The deadline for public comments has been extended to October 31^st. To share your feedback, email [email protected] and include “Determinations Feedback” in the subject line.

Plain Language

OSEP reviews how schools are serving students with disabilities each year. This year, the Department of Education is asking for people’s comments on how they can make sure their reviews equally take into account people’s race, income, location, etc. You can provide comment if you have suggestions of how to make the process better for all students.

What This Means For You

If you are the parent of a student with a disability receiving special education services, the Department of Education is examining how to make the yearly review process for special education more equitable for all students.

Action Steps

Read the report and submit comments.

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 is cosponsored by Senator Daines (R-MT) in the Senate and Rep. Bobby Scott (D-VA) and Rep. McMorris-Rodgers in the House. 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

This is a bill that will phase-out 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

Call your Senators and Representative 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 contact your Senators or Representatives by calling the Capitol Switchboard at 202-224-3121. For more information on this bill, you can read this one-pager from Senator Casey’s office, or watch our Tuesday’s with Liz episode where she interviews Senator Daines.

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 Rep. Cárdenas (D-CA) in the House. This bill 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. 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 Senate Finance Committee met to discuss the 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.

Action Steps

Learn more about ABLE accounts at the ABLE National Resource Center. 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.

October 1^st Marks the Beginning of National Disability Employment Awareness Month

October 1^st marks the beginning of National Disability Employment Awareness Month (NDEAM). The theme for this year is “Disability: Part of the Equity Equation”. NDEAM celebrates the contributions that workers with disabilities make to the economy and community, while also advocating for more inclusive workplace environments.

Plain Language

October is National Disability Employment Awareness Month. This a month where we celebrate the work of people with disabilities.

Action Steps

Learn more information on how you can get involved.

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: