Disability Policy News

April 3, 2023


April 3, 2023 \| Vol. MMXXIII, Issue 62

The House of Representatives and Senate are on recess until April 17^th. The next edition of Disability Policy News will be released on April 24^th.

Budget and Appropriations

The House of Representatives and Senate are on recess until April 17^th. This is an excellent time to educate Members of Congress about the importance of funding programs that impact the lives of people with disabilities.

On March 9^th, President Biden released his budget for FY 2024. The budget contains many proposals for key investments to improve services and supports for people with disabilities. For example, the proposal includes increased funding for home and community-based services by $150 billion dollars (see page 31) and increased funding for special education and early intervention by $16.8 billion dollars for Part B and $932 million dollars in Part C grants (see page 26).

The University Centers for Excellence in Developmental Disabilities (UCEDD) were proposed to receive $46,173 million (AUCD’s request is $47,173 million).
The Autism and Developmental Disabilities program was proposed to receive $57,344 million (AUCD’s request is $58,344 million with at least $40 million for the Leadership Education in Neurodevelopmental Disabilities programs (LEND)).
The Model Comprehensive Transition and Postsecondary Programs for Students with Intellectual Disabilities were proposed to receive $15,180 million (AUCD’s request is $15,180 million).
The National Institute of Child Health and Human Development (that funds the Intellectual and Developmental Disabilities Research Centers) were proposed to receive $1,749,078 (level funding from last year).
The Center for Birth Defects, Developmental Disabilities, Disabilities and Health was proposed to receive $223,000 million (an increase from last year of $17 million)

Senator Chris Murphy (D-CT) is circulating a “Dear Colleague” letter in support of increased funding the UCEDDs in FY 24, and other programs in the Developmental Disabilities and Bill of Rights Assistance Act, including the Protection and Advocacy program for Developmental Disabilities, State Councils on Developmental Disabilities and Projects of National Significance. The letter closes on April 12^th. The deadline for Senators to submit requests for funding to the Committee is April 13^th. The House of Representatives has already closed their process for Representatives to make requests to the Committee.

Plain Language

The President has put out his budget of how to fund federal government programs. Now, Congress is deciding how much money different federal programs will receive in 2024, like AUCD’s programs.

Action Steps

Call your Members of Congress and educate them on the importance of funding AUCD’s programs and other programs for people with disabilities next year. Members of Congress are back in their districts and states for the next two weeks. Please educate Senators about the successes of the UCEDDs and share with the letter of support for the UCEDDs being circulating in Senate by Senator Chris Murphy (D-CT) asking for $47,173 million. You can reach all Senate offices by calling the Capitol Switchboard at 202-224-3121.

Accreditation Council for Graduate Medical Education Proposed Rule Change

The Accreditation Council for Graduate Medical Education (ACGME), which acts as the governing body of all U.S. medical residency training programs, has proposed a rule that would no longer require Developmental-Behavioral Pediatricians to be on the faculty of pediatric residency programs. This proposed rule would have a significant negative impact on educating residents on how to provide healthcare to children with intellectual and developmental disabilities. The Society for Developmental and Behavioral Pediatrics has put out an alert to the public on this proposed rule change with talking points and directions on how to submit comments. Comments are due by April 5^th.

Plain Language

The Accreditation Council for Graduate Medical Education, which is a group of people who makes the rules for people learning to be doctors, is thinking about a new rule that would not require Developmental-Behavioral Pediatricians to be part of the training program. This new rule will mean that less doctors have training on how to provide healthcare to children with intellectual and developmental disabilities.

Actions Steps

Read the alert from The Society for Developmental and Behavioral Pediatrics on this proposed rule change with talking points and directions on how to submit comments. Read these instructions and submit comments. Comments are due by April 5^th.

Senator Casey Introduces the Guardianship Bill of Rights Act

On March 30^th, Senator Bob Casey (D-PA) introduced the Guardianship Bill of Rights Act (S. 1148). Guardianships are intended to be legal relationships established to protect people with disabilities and older adults, but often lead to loss of rights, abuse, fraud, and exploitation. This bill would establish a Guardianship and Other Protective Arrangements and Supported Decision Making Council that would be responsible for promoting less restrictive arrangements for people living under or being considered for guardianships. The bill would also create a protection and advocacy agency focused on the rights of people being considered for and living under a guardianship. The bill is cosponsored by Senator John Fetterman (D-PA), Senator Elizabeth Warren (D-WA), and Senator Bernie Sanders (I-VT).

Plain Language

On March 30^th, Senator Bob Casey (D-PA) introduced the Guardianship Bill of Rights Act (S. 1148). Guardianships are set up to protect people with disabilities and older adults, but cause people to lose some of their rights to make decisions for themselves. This bill would create a council, or a group of experts, to look for better alternatives to guardianships and create a state program to protect the rights of people with disabilities.

Action Steps

Read this announcement from Senator Casey. Read a one-pager on the bill.

Senator Casey and Representative Dingell Introduce Bill to Protect People with Disabilities and Older Adults During Natural Disasters

On March 29^th, Senator Bob Casey (D-PA) and Representative Dingell (D-MI-6) introduced the Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act (S.1049 / H.R. 2371). The READDI for Disaster Act will ensure “there is a strong disability and older adult voice in the preparation, response, recovery, and mitigation of disasters.” Specifically, The REAADI for Disasters Act will establish a National Commission on Disability Rights and Disasters to address the needs of these communities when it comes to disaster preparedness plans; create a national network of centers focused on training, technical assistance, and research, to assist states and territories to better involve and support people with disabilities and older adults; direct the U.S. Department of Justice to review the spending of disaster funds by federal agencies and states; create a competitive grant program to pilot strategies for greater inclusion of people with disabilities and older adults in disaster preparation, response, recovery, and mitigation; and more.

Plain Language

On March 29^th, Senator Bob Casey (D-PA) and Representative Debbie Dingell (D-MI-6) introduced the Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act (S.1049 / H.R. 2371). This bill will create programs so that people with disabilities are better included in the plans to stay safe during natural disasters, like hurricanes, tornadoes, earthquakes, and more.

Action Steps

Read the Senate version of the bill and one-pager. Call and educate your Members of Congress on the importance of fully including people with disabilities in preparing for, responding to, recovering from, and mitigating disasters. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Congress Introduces Multiple Bills Improve K-12 and Higher Education for Students with Disabilities

On March 30^th, several pieces of legislation were introduced into the House of Representatives and the Senate that aim to improve the education of students with disabilities.

The Response, Innovate, Succeed, and Empower (RISE) Act (S.1071 / H.R. 2401) was introduced by Senator Bob Casey (D-PA) and Representative Suzanne Bonamici (D-OR-1). The RISE Act requires institutions of higher education to accept a student’s individualized education program (IEP), accommodation plan, or other prior evaluation as sufficient proof of disability when a student requests reasonable accommodations from a college or university, so they do not have to pay for additional evaluations to document a disability to receive reasonable accommodations. 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. AUCD supports the bill.

The Safe Equitable Campus Resources and Education (SECuRE) Act (S. 1070 / H.R. 2421) was introduced by Senator Bob Casey (D-PA) and Representative Debbie Dingell (D-MI-6). The SECuRE Act will strengthen the Clery Act. “The Clery Act is a federal statute requiring institutes of higher education that receive federal financial aid
funding to maintain and disclose campus crime statistics and security information.” The SECuRE Act “makes targeted improvements to the Clery Act to ensure the needs of people with disabilities are included in campus planning and response to incidents of sexual assault, domestic violence, dating violence and stalking. It also requires that materials provided to the campus community are available in accessible formats for people with disabilities.” AUCD supports the bill.

The Promoting Responsible Emergency Protocols (PREP) for All Students Act (S. 1072) was introduced by Senator Bob Casey (D-PA). The PREP Act will ensure “that public schools, early child care education centers, and institutions of higher education have the tools they need to develop inclusive emergency preparedness protocols.” Specifically, the PREP Act would establish a federal advisory council to develop guidelines for accessible, developmentally appropriate, culturally aware, and trauma informed emergency preparedness protocols. There is no House companion bill yet.

Plain Language

On March 30^th, Senators and Representatives, introduced bills to make education safer and more accessible to students with disabilities. The Respond, Innovate, Succeed, and Empower (RISE) Act will make it easier for students with disabilities to get accommodations in college. The Safe Equitable Campus Resources and Education (SECuRE) Act will create programs to keep students with disabilities safe from crime on campus. The Promoting Responsible Emergency Protocols (PREP) for All Students Act will try to keep all students with disabilities safe during emergencies in schools.

Action Steps

Read more about the RISE, SECuRE, and PREP for All Students Acts. Call and educate your members of Congress about the importance of improving K-12 and higher education for students with disabilities. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Policy related “How To” materials can be found on our website here. Scroll to the bottom of the page to find the resources!

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