Capitol Insider

The Capitol Insider for October 5, 2020

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Tell Congress to Include the Disability Community in COVID-19 Relief Bills

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Major Recent Events

House Passes $2.2 Trillion COVID Relief Bill

The House of Representatives passed Heroes 2.0, a compromise piece of COVID-19 relief legislation, late last week by a narrow margin 214-207. The legislation included many of The Arc’s top priorities, including dedicated funding for Medicaid HCBS, a general FMAP increase, removal of barriers for stimulus payments, and paid leave provisions that include all types of family caregivers. The path in the Senate is unclear.

We urge you to continue contacting your Senators here.

Short Term FY 21 Funding Bill Enacted

On September 30, the Senate passed and the President signed a continuing resolution (CR) to fund the federal government. The measure, H.R. 8319, provides funding for most programs from October 1 through December 11. The vast majority of agencies and programs are level funded and several other provisions are included in the measure. These include extensions of the Medicaid Money Follows the Person program and Spousal Impoverishment Protections program. The measure also includes $1.5 billion to conduct the 2020 Census.

COVID-Related IDEA Funding Bill Introduced

On October 2, Representatives Adam Schiff (D-CA) and Eddie Bernice Johnson (D-TX) introduced the Supporting Children With Disabilities During COVID Act (H.R. 8523). This bill provides an additional $12 billion in Individuals With Disabilities Education Act (IDEA) funding, including $11 billion in state grants, $900 million for preschool and early intervention, and $300 million for personnel development. Furthermore, it provides $55 million for Assistive Technology Act programs. The Arc supports this bill.

Representatives Introduce Bill Prohibiting Corporal Punishment in Schools

On September 30, Representatives Don McEachin (D-VA) and Suzanne Bonamici (D-OR) introduced the Protect Our Students in Schools Act (H.R. 8460). This bill prohibits corporal punishment in any school receiving federal funding. Additionally, it provides for enforcement and establishes a grant program for developing interventions such as positive behavioral interventions and supports, implicit bias training, and trauma-informed care. The Arc supports this bill.

Volunteer Caregiver Bill Introduced

Senator Tom Udall (D-NM) and Representative Debbie Dingell (D-MI) introduced the Care Corps Demonstration Act (S. 4682 / H.R. 8511) on September 24. This bill would establish a five-year pilot program through which qualified volunteers provide care, companionship, and other services to seniors and individuals with disabilities. Volunteers would receive health insurance and other benefits as well as money to pay for education or student loans. The Arc supports this bill.

Announcements

National Academy of Medicine Releases Consensus Report on Vaccine Allocation

Last week, the National Academy of Medicine released a consensus report titled “Framework for Equitable Allocation of COVID-19 Vaccine.” The report recommends allocating a potential COVID-19 vaccine in the following four phases.

Phase 1a:

  • Health care workers and first responders

Phase 1b:

  • People with two or more conditions that put them at significantly higher risk
  • Older adults in congregate or overcrowded settings

Phase 2:

  • K-12 teachers, school staff, and child care workers
  • Critical workers in high-risk settings
  • People with at least one condition that puts them at significantly higher risk
  • People living in homeless shelters and staff
  • People with disabilities, including IDD, living in group homes and staff
  • Staff and incarcerated individuals in prisons, jails, detention centers, and similar settings

Phase 3

  • Young adults
  • Children
  • Workers in industries important to the functioning of society and at increased risk not included in phases 1 or 2

Phase 4

  • All people residing in the United States not included in phases 1 through 3

Furthermore, the report recommends that the vaccine be provided without any out-of-pocket costs. See the summary here.

Education Department Creates School Spending Data Tool

In September, the Education Department created a tool that allows people to easily view school spending data online. The tool uses data required under the Every Student Succeeds Act, which requires states to report total federal, state, and local funding per student. This tool can be found at https://studentspending.ed.gov.

Education Department Office for Civil Rights Creates Guidance on COVID

On September 28, the Education Department Office for Civil Rights (OCR) released guidance on civil rights during COVID. The guidance document addresses obligations of schools under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. However, the document does not cover obligations under the Individuals With Disabilities Education Act (IDEA) because the IDEA is outside OCR’s jurisdiction. The document discusses issues related to distance learning, reopening, and mask requirements.

New Vote by Mail Resources (Plain Language)

Voting by mail is a great way to vote safely and early! But how does it work? Check out these new plain language resources from the Autistic Self-Advocacy Network on voting by mail.

Are you registered to vote? Election Day is almost here, but many states have options for voting early! Visit The Arc’s Civic Action Center to register, find your polling location, and more.

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

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The Arc logo

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Capitol Insider

Capitol Insider for the Week of September 21, 2020

It’s Time for the Senate to Act!

Tell Congress to Include the Disability Community in COVID-19 Relief BillsTAKE ACTION NOW

#WeAreEssential

Major Recent Events

Senate Rejects “Skinny” COVID Relief Bill

On September 10, Senate Republicans failed to get enough votes to advance their pared-down version of the COVID-19 relief bill they introduced last month. This bill included a $300 unemployment benefit bonus; additional Paycheck Protection Program loans for businesses experiencing substantial revenue drops; additional education funding (including for private school scholarships); additional funding for development and distribution of vaccines, drugs, and other medical supplies; liability protections; and an expanded charitable tax deduction. This $650 billion bill did not include any of The Arc’s top priorities, which are:

  • Increased federal funding for home and community-based services (HCBS) under Medicaid
  • Increased access to personal protective equipment (PPE) for direct support professionals
  • Expanded eligibility for economic impact payments to adult dependents and another round of payments
  • Paid leave eligibility for family caregivers of adults with disabilities, including siblings and grandparents

We urge you to continue contacting your Senators here.

Short Term FY 21 Funding Bill Released


Today the House released the text of H.R. 8319 to fund the federal government from the start of fiscal year (FY) 2021 on October 1 through December 11. The vast majority of agencies and programs are level funded and several other provisions are included in the measure. These include extensions of the Medicaid Money Follows the Person program and Spousal Impoverishment Protections program to December 11. The measure also includes $1.5 billion to conduct the 2020 Census but it does not include $30 billion for farm aid that the White House had sought. A vote is expected in the House this week. Both parties have indicated they want to pass a funding bill to avoid a government shutdown just weeks before the election.

Announcements

The Arc Mourns the Loss of Justice Ruth Bader Ginsburg


On September 18, U.S. Supreme Court Justice Ruth Bader Ginsburg passed away. Justice Ginsburg served on the Supreme Court for 27 years. She authored the majority opinion in the landmark case Olmstead v. L.C. in which the court ruled that people with disabilities have a right to be free from inappropriate institutionalization and to be served in the “most integrated setting appropriate to the needs.” See The Arc’s statement.


USCCR Recommends Phase-Out of Subminimum Wage


On September 17, the U.S. Commission on Civil Rights (USCCR) released a report in which they recommended a phase-out of subminimum wages under Section 14 (c) of the Fair Labor Standards Act. The report highlighted “persistent failures” in oversight of the program. Furthermore, the report notes that people with IDD who earn subminimum wage “are not categorically different in level of disability” from people with IDD who work in competitive integrated employment. In recommending a planned phase-out, the report emphasizes that “[t]he phased repeal of 14(c) must not reflect a retreat in federal investments and support for employment success of persons with disabilities but rather a reconceptualization of the way in which the federal government can enhance the possibilities for success and growth for people with disabilities.” The Arc supports building infrastructure and supports needed to phase out the issuance of subminimum wage certificates, increasing opportunities for competitive integrated employment, and putting in place safeguards to protect the interests of any people affected by this shift.

Tuesday, September 22 is National Voter Registration Day!


Are you registered? Register, update your registration, find your polling location and other key information at The Arc’s Civic Action Center: thearc.org/registertovote.

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

Help spread the word for our October 7 Town Hall designed specifically for self-advocates, family members, caregivers, and service providers. Board President Fred Misilo and Chief Executive Officer Peter Berns will lead a panel discussion on The Arc’s response to the pandemic, the progress we have made, and the threats that remain – and they will also share the new Strategic Framework for the Future of The Arc. Register today

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

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The Arc logo

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Capitol Insider

Capitol Insider for the Week of September 14, 2020

Tell Congress to Include the Disability Community in COVID-19 Relief Bills!TAKE ACTION NOW

Major Recent Events

Senate Rejects “Skinny” COVID Relief Bill

On September 10, Senate Republicans failed to get enough votes to advance their pared-down version of the COVID-19 relief bill they introduced last month. This bill included a $300 unemployment benefit bonus; additional Paycheck Protection Program loans for businesses experiencing substantial revenue drops; additional education funding (including for private school scholarships); additional funding for development and distribution of vaccines, drugs, and other medical supplies; liability protections; and an expanded charitable tax deduction. This $650 billion bill did not include any of The Arc’s top priorities, which are:

  • Increased federal funding for home and community-based services (HCBS) under Medicaid
  • Increased access to personal protective equipment (PPE) for direct support professionals
  • Expanded eligibility for economic impact payments to adult dependents and another round of payments
  • Paid leave eligibility for family caregivers of adults with disabilities, including siblings and grandparents

We urge you to continue contacting your Senators here.

Speaker, White House Reach Agreement on Continuing Resolution

Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin have reached a broad outline to fund the federal government after appropriations expire on September 30. There will be no stimulus or other COVID-19 relief provisions. With limited exceptions, it will provide the same funding levels as the current fiscal year. Congressional leadership will continue to negotiate details, including consideration of disaster relief funding for areas affected by hurricanes or wildfires.

CDC Issues Eviction Moratorium Order

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an eviction moratorium order that is in effect from September 4, 2020 to December 31, 2020. The temporary moratorium on evictions extends vital protections to tens of millions of renters at risk of eviction for nonpayment of rent during the global pandemic. The order applies to eligible renters in all jurisdictions, except where local state, local, or tribal areas have an eviction moratorium that provides greater protection. To be protected, a renter must submit a signed declaration to their landlord. The CDC has provided a model declaration form.

Since back rent will be due after the moratorium expires, The Arc will continue to advocate for needed rental assistance to protect renters and landlords who rely on rental income to maintain and operate their properties. For more information, go here and here.

Announcements

GAO Releases Report on Deaths, Bankruptcies, and Wait Times Among Social Security Benefit Appellees

On August 13, the Government Accountability Office (GAO) released a study on death, bankruptcies, and wait times among people appealing Social Security disability determinations. The report found that between the median wait time for people appealing their initial determination was 839 days between fiscal years (FY) 2008 and 2019. The annual death rate increased from 0.52% in 2011 to 0.72% in 2018. In that same period, 109,725 people died while awaiting a final determination. Between FY 2014 and 2019, approximately 48,000 people awaiting appeals filed bankruptcy.

CHN Holds Webinar on Using Census Surveys of Poverty, Income, and Health

On September 9, the Coalition on Human Needs held a webinar titled “Then and Now: How to Use New Census Surveys About Poverty, Income, and Health from 2019 and 2020.” Speakers were Jared Bernstein, Senior Fellow, Center on Budget and Policy Priorities; Arloc Sherman, Vice President of Data Analysis and Research, Center on Budget and Policy Priorities; and Deborah Weinstein, Executive Director, Coalition on Human Needs. Sign up here to view the webinar recording.

Federal Court Strikes Down Education Department Rule Increasing Funding for Private Schools

On September 8, the U.S. District Court for the District of Columbia issued a decision striking down the Department of Education rule requiring school districts to distribute funding to private schools based on the total number of children attending private schools rather than the number of low income children who attend private schools. The Arc applauds this decision, which would ensure that approximately $1.3 billion from COVID-19 relief funding is not diverted from public schools. For more information click here.

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

Help spread the word for our October 7 Town Hall designed specifically for self-advocates, family members, caregivers, and service providers. Board President Fred Misilo and Chief Executive Officer Peter Berns will lead a panel discussion on The Arc’s response to the pandemic, the progress we have made, and the threats that remain – and they will also share the new Strategic Framework for the Future of The Arc. Register today

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

Image
The Arc logo

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Capitol Insider

The Capitol Insider for the Week of October 7

Major Recent Events

Autism: President Signs Autism CARES Act

On September 30, President Trump signed into law the Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (H.R.1058). The Arc strongly supports this bill to reauthorize the Autism CARES Act, which funds critical 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). This reauthorization includes a greater focus on the needs of people with autism and other developmental disabilities across the lifespan. It also increases the minimum number of self-advocates on the Interagency Autism Coordinating Committee (IACC). The law was reauthorized for five years.

Announcements

Education: NCEO Releases Report on State-Defined Alternate Diplomas

The National Center on Education Outcomes released a report titled “Status of State-Defined Alternate Diplomas in 2018-19.” State-defined alternate diplomas were established in the Every Student Succeeds Act (ESSA) of 2015 as the only credential other than a regular high school diploma that can be included in calculating graduation rates. State-defined alternate diplomas may only be made available to students with the most significant cognitive disabilities who take the alternate assessment aligned to alternate academic achievement standards (AA-AAS). The report found that eight states (AR, LA, MS, NV, NH, TN, UT, and WV) currently have alternate diplomas for students with significant cognitive disabilities. It also found that these states are clearly defining the requirements for earning the diploma, but they are not providing informational resources that help educators implement the requirements or that help families decide whether to pursue the option. Among other things, the authors recommend states report on the number of students pursuing the alternate diploma, receiving the alternate diploma, and their post-school outcomes.

Miscellaneous News: Only 4 More Days to Register for The Arc’s National Convention on October 11-14.

Are you ready to join advocates from all over the country at 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 online today or on-site starting Friday, October 11.Due to The Arc’s National Convention, Capitol Insider will not be published next week. Publication will resume on October 21, 2019.

Capitol Insider

The Capitol Insider for the Week of September 23, 2019

Major Recent Events

Autism: Senate Passes Autism Care Act

On September 19, the Senate passed the House version of the Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (H.R.1058) by unanimous consent. The Arc strongly supports this bill to reauthorize the Autism CARES Act, which funds critical 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. This reauthorization includes a greater focus on the needs of people with autism and other developmental disabilities across the lifespan. Additionally, it increases the minimum number of self-advocates on the Interagency Autism Coordinating Committee (IACC). The bill now awaits President Trump’s signature.

Direct Support Professionals: Direct CARE Opportunity Act Introduced

On September 19, Senators Tim Kaine (D-VA) and Maggie Hassan (D-NH) and Representatives Bobby Scott (D-VA) and Susie Lee (D-NV) introduced the Direct Creation, Advancement, and Retention of Employment (CARE) Opportunity Act (S.2521/H.R.4397). This bill provides grants to 15 entities to develop and implement strategies relating to recruitment, retention, and career advancement for direct care workers. The Arc strongly supports this bill.

Budget & Appropriations: House Passes Bill to Prevent Government Shutdown While Senate Committees Release Funding Bills

On September 19, the House passed a continuing resolution (H.R.4378) to keep the government funded from the start of fiscal year (FY) 2020 on October 1 through November 21. Meanwhile, Senate Appropriations Committee Chairman Roy Blunt (R-NY) released a draft of the FY 2020 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill the day before. Most of The Arc’s priority programs receive the same funding level as in FY 2019 in the proposed Senate bill, however some programs receive increases such as Lifespan Respite Care Act (49%) and Special Olympics Education Programs (14%). Funding levels for The Arc’s priority programs can be found here.

Employment: Senate Committee Holds Hearing on Labor Nominee

On September 19, the Senate Health, Education, Labor and Pensions Committee held a hearing on the nomination of Eugene Scalia to be Secretary of Labor. The Department of Labor is the agency responsible for the implementation of federal labor and employment laws, including those relating to wages and hours. Additionally, it includes the Office of Disability Employment Policy which is a non-regulatory agency that promotes employment of people with disabilities. Visit the Committee web site for more information or to access video of the hearing.

Announcements

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 at convention.thearc.org!Correction: The September 16 issue of Capitol Insider stated that Rep. Raul Grijalva was represented New Mexico. However, he represents Arizona. The Arc regrets this error.