Major Recent Events

Autism: House Approves Autism CARES Act Reauthorization

On July 24, the House of Representatives approved the Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (H.R.1058, as amended). The Autism CARES Act funds autism research, surveillance, and education programs at the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC), and Health Resources and Services Administration (HRSA), respectively. The Arc supports this legislation, which must next be approved by the Senate by September 30 in order to avoid expiration of the work done by the CDC and HRSA.

Family Support: House Approves Lifespan Respite Reauthorization

On July 24, the House of Representatives approved the Lifespan Respite Care Reauthorization Act of 2019 (H.R.2035). The Lifespan Respite Care Program, through grants to states, helps build coordinated state lifespan respite systems, helps family caregivers pay for respite or find funding sources, encourages development of new and innovative community and faith based respite opportunities, and trains respite workers and volunteers. The Arc supports this bill, which must next be approved by the Senate.

Social Security: House Committee Holds Hearing on Social Security Financing Bill

On July 25, the House Ways and Means Committee held a hearing on the Social Security 2100 Act (H.R.860). The bill would make Social Security benefits more adequate by providing a modest across-the-board increase, improving annual cost of living adjustments, and increasing the minimum Social Security benefit to 25 percent above the federal poverty line. Additionally, it would create a single Social Security Trust Fund to simplify Social Security’s operations and ensure that Social Security is able to pay full scheduled benefits for the next 75 years through modest enhancements to revenues. The Arc strongly supports the Social Security 2100 Act. Testimony from the hearing is available on the committee website.

Income Support: The Administration Proposes Cutting Food Assistance for 3.1 Million

On July 24, the Administration issued a notice of proposed rulemaking that would cut current eligibility for Supplemental Nutrition Assistance Program (SNAP). For the past 20 years, states have had flexibility to adjust SNAP eligibility to reflect local and state dynamics and to help low-income people to avoid a SNAP benefit cliff. Unfortunately, this proposal would eliminate that flexibility and cut off SNAP benefits for 3.1 million individuals. This change will also eliminate eligibility for free school meals for the children in those families. SNAP provides food assistances that helps approximately 11 million people with disabilities. The Arc strongly opposes the changes in the proposed rule. Watch The Arc’s video on the importance of SNAP.

Tax/Rights: Representatives Re-Introduce Bill to Improve ADA Compliance for 29th Anniversary

Last week, in conjunction with the 29th anniversary of the signing of the Americans with Disabilities Act (ADA), Representatives Donald McEachin (D-VA) and Jim Langevin (D-RI) and Senators Tammy Duckworth (D-IL) and Bob Casey (D-PA) re-introduced the Disabled Access Credit Expansion Act (H.R.4045/S.2290). This bill will double the Disabled Access Credit (DAC) and increase the number of businesses eligible for it. The DAC is a tax credit for small businesses that make renovations to make their facilities accessible. Additionally, the bill increases funding for the voluntary ADA Mediation Program in the Department of Justice and requires data collection and reporting on the types of calls received by the ADA Information Line.

Announcements

Education: USCCR Releases Report on School to Prison Pipeline

On July 23, the United States Commission on Civil Rights (USCCR) released a report titled “Beyond Suspensions: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities.” The report notes that students of color and students with disabilities are disproportionately subjected to suspension. Additionally, it notes that few empirical studies have evaluated the intersection of race and disability when it comes to discipline. Recommendations include continued guidance and enforcement from the Department of Education’s Office of Civil Rights (OCR) and Congressional appropriations to help states and school districts train and support teachers and provide an adequate number of counselors and social workers in all schools.

Miscellaneous News: Registration Open for The Arc’s National Convention Are you ready to join advocates from all over the country? Registration is officially open for The Arc’s 2019 National Convention in Washington, DC. Whether you’re a professional looking to develop skills, a person with I/DD or family member trying to expand your advocacy and support network, or an ally interested in getting more involved in the disability community, we have a program that will speak to you! You’ll connect with other passionate advocates from across the country and learn how to navigate and work to improve employment, education, housing, technology, criminal justice, and more. Register today!

Major Recent Events

Child Welfare & Adoption: House Passes CAPTA Reauthorization

On May 20, the House passed the Stronger Child Abuse Prevention and Treatment Act (H.R.2480). This bill reauthorizes the Child Abuse Prevention and Treatment Act (CAPTA), which provides federal funding to states to address child abuse and neglect. This bill increases investments to address child maltreatment resulting from the opioid epidemic. Learn more about the legislation here.

Health/Rights: HHS Proposes Weakening Health Care Anti-Discrimination Rule

On May 24, the Department of Health and Human Services (HHS) released an advance copy of a proposed rule to weaken its regulations implementing Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in health programs and activities receiving federal financial assistance. The proposed rule would narrow protections for all people experiencing discrimination under the law, eliminate protections for LGBTQ people, and roll back protections for people with limited English proficiency, among other impacts. The Arc is reviewing the proposed rule and will provide further analysis.

Housing: HUD Proposes Ban on Housing Assistance for Mixed Status Families

On May 10, the U.S. Department of Housing and Urban Development (HUD) proposed a rule that would prohibit “mixed status” immigrant families from living in public housing and Section 8 units. “Mixed status” families are families in which some members are ineligible for housing assistance based on immigration status. The rule would result in family separations and could lead to evictions of thousands of people, including children, who face an increased risk of homelessness. The Arc is working with the Consortium for Citizens with Disabilities (CCD) to submit comments on the proposed rule by the July 9 deadline. For more information, see www.keep-families-together.org.

Major Recent Events Health: House Passes Bill to Improve the ACA On May 16, the House of Representatives passed H.R.987, which reverses administrative actions weakening the Affordable Care Act (ACA). It rescinds the Department of Health and Human Services regulation expanding the use of short-term limited-duration insurance (STLDI). STLDI plans are not required to cover people pre-existing conditions, and can charge higher premiums based on age, gender, or health status. Additionally, it restores funding for consumer outreach and education programs and the Navigator Program, which were cut by the Administration. Major Events Ahead Housing: House Committee to Hold Hearing on HUD Oversight On May 21, the House Committee on Financial Services will hold a hearing titled “Housing in America: Oversight of the U.S. Department of Housing and Urban Development.” Housing and Urban Development (HUD) Secretary Dr. Ben Carson will testify. As stated in the Committee’s announcement, the hearing will examine “the U.S. Department of Housing and Urban Development’s current state of affairs and address major changes to agency policies and programs since 2017.” Visit the Committee web site for more information or to access live video on the day of the hearing. Announcements Education: GAO Blog Notes Disparities on 65th Anniversary of Brown v. Board of Education May 17, 2019 marked the 65th Anniversary of Brown v. Board of Education, the 1954 Supreme Court Case that held public school segregation based on race was unconstitutional. In light of this anniversary, the Government Accountability Office (GAO) published a blog post discussing three recent reports on disparities that still exist in education. The first report noted the rise in the percentage of schools where 75% or more of the students were black or Hispanic and eligible for free or reduced-price lunch. The second report discusses the disproportionate use of discipline against black students, boys, and students with disabilities. The third report discusses the limited course offerings at high-poverty schools.

Major Recent Events

Budget & Appropriations: House Committee Approves L-HHS-ED Appropriations

On May 8, the House Appropriations Committee approved its fiscal year (FY) 2020 Labor, Health and Human Services, Education, and Related Agencies (L-HHS-ED) bill. The bill provides $189.9 billion in funding, a 7% increase over FY 2019. Most of The Arc’s priority programs received increases. Particularly notable increases include the Individuals with Disabilities Education Act (IDEA) Part B State Grants (8.1%), Lifespan Respite Care Program (33.8%), State Grants to Remove Barriers to Voting (28.7%), and Rehabilitation Services Administration Demonstration and Training Programs (26.5%). Funding levels for The Arc’s priority programs can be found here. Senate Appropriators, meanwhile, have declined to move forward with spending bills until a deal is reached to increase the spending caps for discretionary programs. Absent a deal, the spending cap for all non-defense discretionary programs would be reduced by 9% for FY 2020.

Child Welfare & Adoption: House Committee Approves CAPTA Reauthorization

On May 8, the House Committee on Education and Labor approved the Stronger Child Abuse Prevention and Treatment Act (H.R.2480). This bill reauthorizes the Child Abuse Prevention and Treatment Act (CAPTA), which provides federal funding to states to address child abuse and neglect. This bill increases investments to address child maltreatment resulting from the opioid epidemic. Learn more about the legislation here.

Employment/Family Support: House Committee Holds Hearing on Paid Family and Medical Leave

On May 8, the House Committee on Ways and Means held a hearing titled “Paid Family and Medical Leave: Helping Workers and Employers Succeed.” Witnesses were Marisa Howard-Karp, Member, MomsRising; Anthony Sandkamp, Owner, Sandkamp Woodworking; Pronita Gupta, Director of Job Quality, Center for Law and Social Policy; Suzan LeVine, Commissioner, Washington State Employment Security Department; and Rachel Greszler, Research Fellow in Economics, Budget, and Entitlements, Institute for Economic Freedom, The Heritage Foundation. Visit the committee website to review testimony and archived video of the hearing.

Income Support: OMB Seeking Comments on Federal Poverty Level Inflation Measures

On May 7, the Office of Management and Budget (OMB) issued a notice of solicitation of comments on how to measure inflation for purposes of determining the federal poverty level. The agency currently uses the Consumer Price Index for All Urban Consumers (CPI-U) to calculate inflation. One option being considered is the Chained Consumer Price Index for All Urban Consumers (C-CPI-U). The C-CPI-U will result in a lower estimation of inflation than under current practice. Over time, this change would result in people losing eligibility for these critical programs. The Federal Poverty Level (FPL) is used to determine eligibility for several means-tested benefits, including Medicaid and the Supplemental Nutrition Assistance Program (SNAP).

Tax/Housing: HUD Issues Guidance on Treatment of ABLE Accounts

The U.S. Department of Housing and Urban Development (HUD) recently issued long-awaited guidance clarifying that funds in ABLE accounts should not be included in determining a person’s eligibility for means-tested housing assistance. ABLE accounts are available to people with significant disabilities that developed before the age of 26, including those who meet the eligibility requirements under Supplemental Security Income (SSI) or Social Security disability programs, including Social Security Disability Insurance (SSDI). Money in an ABLE account can be used to cover “qualified disability expenses,” such as housing, education, and transportation. In general, to be eligible for some public benefits that many people with disabilities and their families rely on, including Medicaid and housing assistance, an individual is limited to no more than $2,000 in cash savings, retirement funds, and other items of significant value. ABLE accounts are an option for people with disabilities to build savings without taking away their eligibility for these important benefits.

The ABLE Act states that amounts in an ABLE account or contributions to an ABLE account and pay-outs for qualified disability expenses should not be counted for federal means-tested programs. Consistent with Internal Revenue Service and Social Security Administration policy, the HUD notice clarifies that, for the purpose of determining eligibility and continued occupancy for a list of key HUD programs, HUD will disregard amounts in the individual’s ABLE account. Some people with disabilities and their families have heard confusing or inaccurate information about whether or not participation in ABLE could threaten their receipt of other critical federal benefits. The notice is good news for people in HUD-funded programs and should be helpful in addressing questions about the treatment of ABLE account funds.

Announcements

Education: LPI Releases School Discipline Report

On April 18, the Learning Policy Institute (LPI) released a report titled “Protecting Students’ Civil Rights: The Federal Role in School Discipline.” The report discusses the negative impacts of zero-tolerance policies and discrimination in discipline. It notes guidance documents and regulations the Trump administration has targeted for elimination, such as the discipline guidance and the significant disproportionality rule. Additionally, the report discusses strategies to reduce the use of exclusionary discipline, such as teaching social-emotional skills.

Major Recent Events

Medicaid/LTSS: President Signs MFP Extension

On April 18, President Trump signed the Medicaid Services Investment and Accountability Act of 2019 (H.R.1839) into law. This bill adds an additional $20 million for the Money Follows the Person (MFP) program through September 30, 2019. MFP has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. Additionally, the bill extends Medicaid’s spousal impoverishment protections for home and community based services beneficiaries until September 30. The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication.

Education: Bill Introduced to Fully Fund Title I and IDEA

Senator Chris Van Hollen (D-MD) and Representative Susie Lee (D-NV), along with 11 original Senate co-sponsors and 16 original House co-sponsors, introduced the Keep Our Promise to America’s Children and Teachers (PACT) Act (S.1172/H.R.2315). This bill gradually increases funding for Title I of the Elementary and Secondary Education Act (ESEA) and special education (Part B, the State Grant Program) under the Individuals with Disabilities Education Act (IDEA) until both are funded at authorization levels. Title I of the ESEA provides funding to school districts with high percentages of low income children. The Arc supports the Keep Our PACT Act.

Education: House Committee Holds Hearing on Education Department

On April 10, the House Committee on Education and Labor held a hearing titled “Examining the Policies and Priorities of the U.S. Department of Education.” The sole witness was Education Secretary Betsy DeVos. Secretary DeVos faced numerous questions related to proposed program cuts; the administration’s Freedom scholarship tax credit proposal, which could be used for private schools that do not have to adhere to the Individuals with Disabilities Education Act; loan servicing for post-secondary education; the decision to delay the significant disproportionality rule on disability identification, placement, and discipline by race/ethnicity; among other controversial issues. Visit the Committee website to review opening statements and testimony and view archived video of the hearing.

Announcements

Autism: CDC Releases New Autism Prevalence Data 

On April 12, the Centers for Disease Control and Prevention (CDC) released its Morbidity and Mortality Weekly Report (MMWR) which included a study of data from 2010, 2012, and 2014 on the prevalence of autism among four-year-old children across study sites in seven states. The data indicate that the prevalence rate was 1 in 59. However, prevalence rates varied greatly between study sites. Of the three states that had data for all three years, only one (New Jersey) had an increase, while the rates in the other two (Missouri and Arizona) remained stable. These three sites also reported no improvement in age at first evaluation. These study sites were part of the Early Autism and Developmental Disabilities Monitoring (ADDM), a subset of the broader ADDM, which primarily monitors autism prevalence among eight-year-old children.

Social Security: Trustees Release 2019 Annual Report Showing Extended Solvency

On April 22, the Social Security Board of Trustees released “The 2019 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds.” The 2019 report finds that at the end of 2018, Social Security’s reserves were $2.89 trillion. The Trustees project that Social Security’s combined Trust Funds can pay all scheduled benefits through 2035, at which point the Trust Funds would be able to pay approximately 80 percent of scheduled benefits. The Trustees also find that the Social Security Disability Insurance Trust Fund can pay full scheduled benefits through 2052, after which the fund will be able to pay about 91 percent of scheduled benefits. This is 20 years later than projected in the 2018 Trustees Report, due to ongoing declines in applications, awards, and the number of people receiving Social Security disability benefits.

Disability Policy Seminar Successfully Concluded

The 43rd annual Disability Policy Seminar, held earlier this month, proved to be one of the largest ever with more than 900 people registered. The opening plenary celebrated the 20th anniversary of the Olmstead Supreme Court decision. Representative Debbie Dingell (D-MI) gave a key note address to kick off the second day of training. The seminar included a packed two days of panels on issues affecting people with disabilities, concluding with the all-important Hill visits with Members of Congress. This annual event is co-sponsored by The Arc, the American Association on Intellectual and Developmental Disabilities, the Association of University Centers on Disabilities, the National Association of Councils on Developmental Disabilities, Self Advocates Becoming Empowered, and United Cerebral Palsy. The co-sponsors were also joined by the Sibling Leadership Network, Autism Society of America, and National Down Syndrome Congress as promotional partners. Next year, the Disability Policy Seminar will take place on March 23-25 and the hope is to increase advocacy and set a new attendance record.Visit the event website to view presentations and materials from the 2019 seminar.