Who NDRN is and What we Do Curt

Who NDRN is and What we Do Curt Decker, Executive Director Ron Hager, Senior Attorney Amanda Lowe, Public Policy Analyst Protection and Advocacy (P&A) System and Client Assistance Program (CAP) Nationwide network of congressionally mandated, legally based protection and advocacy agencies. Have authority to provide legal representation and other advocacy services to all people with disabilities. Local TV news broadcasts by Geraldo Rivera in 1972.

Exposed abuse, neglect and lack of services and supports at Willowbrook on Staten Island. Led to creation of first P&A program in 1975. 2 National Disability Rights Network Vision: NDRN has a vision of a society where people with disabilities have equality of opportunity and are able to participate fully in community life by exercising choice and self determination. Mission: NDRNs mission is to promote the integrity and capacity of the P&A/CAP national network and to advocate

for the enactment and vigorous enforcement of laws protecting civil and human rights of people with disabilities. 3 Authority Pursue legal, administrative & other appropriate remedies Range of Issues Ranges of Remedies Ability to Respond Access Persons, Records, Facilities 4

Special Role of P&A/CAP P&As are closer to being a specialized agent of the federal government. Indiana Protection and Adv. Serv. V. Indiana Family and Social Serv. Adm., 603 F. 3d 365, 373 (7th Cir. 2010). The P&A Acts assign to P&A agencies a whistle blower, ombudsman, watchdog, advocacy and private attorney general role. Id. 383 (Posner, Circuit Judge, concurring. 5 Special Role of P&A/CAP Rather than loading the Department of Health and Human Services or the Justice Department with additional enforcement

responsibilities, Congress told the states in effect: if you want, we will give you federal money to help prevent the abuse of [people with disabilities] in your state Id. 6 Continuum of Remedies Information and Referrals Outreach to Unserved and Underserved Communities Training, including Self Advocacy Skills Legal Counsel and Advice Negotiation and Mediation Administrative Proceedings Individual Litigation

Investigations of Abuse and Neglect Monitoring Public Policy and Legislative Advocacy Public Relations Systemic Litigation and Advocacy 7 Every Student Succeeds Act (ESSA) Signed into law, December 10, 2015. Bi-partisan, compromise bill. Important wins for the disability community: 1% cap and language. UDL. State plans report on reduction of use of aversives.

Interoperability language with accommodations. Subgroups meaningfully counted in accountability system. Majority of state plans have been approved. 6 states (DE, LA, KY, MA, MS, WI) approved for 1% waiver. 8 Regulations & Guidance: OSERS issued NPRM to delay Significant Disproportionality Regulation NDRN opposes. NDRN has:

Crafted & submitted comments (due May 14). Shared comments with Network and CCD. Made a short video for social media. Created Salsa alert (Network, CCD, LCCHR, Education Big Table). Crafted and signed onto CCD Comments. Concerns about potential rescission of 2014 ED/DOJ guidance. NDRN is working through coalitions on this and working through the CRRT on a document refuting misinformation connecting the guidance to school shootings. 9

Vouchers and Voucher-Like Schemes Continues to be a major theme for Administration: -Presidents FY 19 budget has $1 billion increase for school choice options and $500 million for charter school expansion. -529 plans and school choice -Impact aid and ESAsdid not happen -Stay tuned 10 Vouchers and Voucher-Like Schemes (continued) NDRN, through the National Coalition for Public Education, is actively engaging in efforts to educate Members of Congress regarding NDRNs concerns about the IDEA rights of students with disabilities

(or lack of rights) under many school choice structures. NDRN will continue to closely monitor legislation and administration policies on this issue. NDRN working on a report focused on states with active voucher programs. 11 Restraint and Seclusion NDRN, through the APRAIS coalition, is working with both House and Senate staff on the reintroduction of the Keeping all Students Safe Act (KASSA) Still in progress. NDRN has been working with Dateline to help with a potential segment on restraint and seclusion.

Connected with a family, the Hill, and shared some P&A stories from PPRs. Will keep the Network posted. 12 Higher Education Act Worked with Rep. Bobby Scott (D-VA) and supported the Improving Access to Higher Education Act. Opposed Rep Foxxs (R-NC) PROSPER Act. Submitted (through CCD) recommendations to Senate HELP committee (minority staff). Worked with Senators Casey (D-PA) and Hassan (D-NH) on the SECuRE Act. Although passage doubtful this Congress, expected on House floor in mid-June. 13

Other Education Related Bills/Issues IDEA Full Funding Act Reintroduced in the House, H.R. 2902, there is a Senate companion bill. Carl D. Perkins Career and Technical Education Act: Passed out of House last summer. Watching closely in Senate. NDRN is also keeping an eye on: School Climate and School to Prison Pipeline Issues. 14 Veterans

Representative Roby (R-AL) and Representatives Walz (D-MN), Titus (D- NV), Zeldin (R- NY) and Coffman (R- CO) re-introduced the Protection and Advocacy for Veterans Act,H.R. 1712. The bill would establish a demonstration project for 4 P&A agencies to receive funding to conduct monitoring and investigation activities in federal V.A. facilities for a period of 5 years. NDRN is working with 2 Senate offices (Senators Rounds (R-SD) & Brown (D-OH)) on a companion bill. At the end of October 2016, NDRN signed a MOU with VR&E at the V.A. NDRN completed the first of a series of five webinars. First webinar covered the P&A history, structure and authorities. Next topic is education for students with disabilities. 15

Competitive Integrated Employment (CIE) NDRN and others met with OSERS regarding the Competitive Integrated Employment (CIE) regulations and FAQs (under threat). NDRN, APSE, CPSD letter expressing concern regarding Secretarys Unified Agenda (VR Regulations). Compromise letter ultimate goal of preserving the CIE regs. Keeping an eye on Grothman/Sensenbrenner bill (CIE) 16 Other Employment Issues NDRN worked with Georgetown University and LCCHR on a minimum wage report reviewed section on subminimum wage.

H.R. 1377, the Transitioning to Integrated and Meaningful Employment (TIME Act) NDRN/DOL MOU signed on Dec. 16, 2015. 17 Representative Payee House Ways and Means Committee held two hearings on representative payee issues in 2017. Starting in October 2017, we began to work with House Ways and Means Committee staff for additional funding for the P&As to perform representative payee reviews. This lead to the

introduction of H.R. 4547 late in 2017. The bill was signed into law on April 13, 2018. The focus has now turned to implementation. The program officially shifts from the current contractor to the P&A Network on August 1, 2018. 18 Affordable Care Act (ACA) Lots of time and energy was spent fighting back against repeal of the ACA in 2017. The fight took place on both legislative and regulatory fronts. Ultimately full repeal and replace of the ACA did not take place, but many negative changes were made through regulation, executive

order, and some legislation (repeal of individual mandate). Given the election year, I dont expect much to occur on this front in legislation. Attacks will come through regulations and executive orders. But Medicaid is clearly in the crosshairs of the Administration and many Republicans in Congress, and a lot of education is needed to make Members and their staff to understand the importance of this program. 19 Americans with Disabilities Act (ADA) Notification bills Unfortunately H.R. 620 the ADA Education and Notification Act of 2017 passed in the House in February with a vote of 225 195 (with 12 Democrats voting yes and 19 Republicans voting no). Advocacy work is now being done on the Senate side as of May

2018 there is no Senate ADA Notification bill introduced. We are working with both R & D Senate Judiciary Committee staff to hold off any introduction of a bill. Met with Business community meetings are continuing as they sent letter to Hill in support of Senate legislation on March 14, 2018. 20 ADA Notification Bills (continued) March 28, 2018, Sen. Duckworth (D-IL) sent a letter with 42 Dems & 1 Independent to Majority Leader McConnell (R-KY) informing him of their opposition to ADA Notification legislation Thank you for all the advocacy work on this see letter & press release here:

https://www.duckworth.senate.gov/news/press-releases/duckwo rth-and-senate-democrats-vow-to-defeat-house-gop-led-effort-t o-curtail-civil-rights-of-americans-with-disabilities CCD Save ADA Website exists with updated information and tools: http://www.c-c-d.org/rubriques.php?rubpage=43 21 Achieving Better Life Experience (ABLE) Act Unfortunately Congress passed both the ABLE to Work and ABLE Financial Acts as amendments to the Tax Bill done in late December 2017, but not the ABLE Age legislation. The ABLE to Work Act could cause some serious problems, so we are

working with IRS to assist with getting regulations and guidance done. Groups are also working with State Treasurers from around the country who want the age increased, to increase supply of accounts the predicted number of accounts opened and funds deposited is not being met (many states took out loans to start ABLE programs those loans are due soon and at this low rate of supply repayment of these loans will not happen). The CCD Financial Security TF (Dara is a Co-Chair) continues to put this at the forefront of their work next steps get more Cosponsors on ABLE Age Act bills. 22 Achieving Better Life Experience (ABLE) Act (Continued) As of May 2018 there are 17,000 ABLE Accounts opened they need

390,000 opened by 2021 (to pay off loans to start programs) at this rate and with no age increase this is not possible. NAST is working with CCD Financial Security TF to get ABLE Age Act moving & passed in the 115th Congress. Look for new advocacy campaign over the summer ABLE Age Adjustment Act of 2017 H.R. 1874 & S. 817 23 Electronic Visit Verification Electronic Visit Verification (EVV) was part of the 21st Century Cures Act passed in 2016 and is to be implemented in states by January 2019 There have been multiple issues, concerns and problems with the implementation of this program CCD has put together a cross Task Force working group LTSS, Healthcare and Rights to work

on this. May 22, 2018 this legislation was introduced we will keep you updated on this work Senate: S. 2987 Sen. Murkowski (R-AK) A bill to amend title XIX of the Social Security Act to delay the reduction in Federal medical assistan ce percentage for Medicaid personal care services furnished without an electronic visit verification system. 7 Cosponsors: 24 Electronic Visit Verification (Continued) House: H.R. 5912 same title Rep. Diana DeGette (D-CO) 3 Cosponsors CCD Co-chairs letter to CMS on the Regulations for EVV sent out on May 17, 2018:

http://www.c-c-d.org/fichiers/CCD-letter-to-CMS-on-EVV-5.17.1 8.pdf 25 Public Policy Updates from DC and Using Intersectionality in Transition Work L. Dara Baldwin, MPA Senior Public Policy Analyst June 25, 2018 Social Justice/Equity Work

Here's to the extremely enthusiastic ones, the misfits, the rebels, the troublemakers, the round pegs in the square holes... the ones who see things differently -- they're not fond of rules... You can quote them, disagree with them, glorify or vilify them, but the only thing you can't do is ignore them because they change things... they push the human race forward, and while some may see them as the extremely enthusiastic ones, we see genius, because the ones who are enthusiastic enough to think that they can change the world, are the ones who do . -Steve Jobs NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin DC Updates & Intersectionality

Outline for Discussion I. II. NDRN Information and History Disability Rights overview of history & avenues of work III. Public Policy update DC Housing and Transportation (Transition issues) NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

DC Updates & Intersectionality Outline for Discussion contd V. Intersectionality VI. Three areas of possible collaboration NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Todays Presenter: L. Dara Baldwin, MPA Senior Public Policy Analyst, National Disability Rights Network (NDRN) Based in Washington, D.C.

Follow Personal Twitter & IG: @NJDC07 Biography NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN www.ndrn.org NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

NDRN NDRN National Office split in three parts Curt Decker, Executive Director Technical Assistance and Membership Outreach Legal Department & Program work Policy Department Federal Legislative Policy Team of three

Eric Buehlmann Deputy Executive Director of Policy Dara Baldwin Senior Public Policy Analyst Amanda Lowe Senior Public Policy Analyst NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN NDRN National Office for the P&A Network To Learn about the P&A Network go to: See video http://www.ndrn.org/en/about/paacap-network.html

P&As Federally funded program Labor/HHS DHHS Administration on Community Living (ACL) 57 P&As 1 in every state = 50; 1 in every territory = 6; and 1 specifically for the Native American community Eight programs to assist with civil and human rights of PWD PADDS; CAP; PAIMI; PAIR; PAAT; PABBS; PATBI & PAVAhttp://www.ndrn.org/en/about/paacap-network.html

NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN P&A serve all as long as they have a disability not CJ, divorce, real estate lawyers but Civil Rights NDRN & P&A network use social justice practice of Intersectionality (a critical race theory) in their work (Kimerl Crenshaw)

People with disabilities are ALL parts of life and so we use this in our work race, religions, multiple social economic statuses, sexual-orientation (LBGTQIA), incarcerated, formerly incarcerated, immigrants, refugees etc. The multi-marginalization and discrimination of this community AA, Trans woman, Muslim, refugee with a disability

NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Policy Issues Issue Areas: (a few)

ADA/Civil Rights -LTSS Education -Social Security Emergency Preparedness -Technology Employment

Fiscal Policy Health Housing -Transportation -Veterans & Mil Family -Criminal Justice -Juvenile Justice Restraint & Seclusion NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin -Disaster Relief

Disability Rights Issues 115th Issues of relevance currently in the 115th Congress Stopping ADA Notification Laws moving in 115th Congress House passed H.R. 620 working so Senate does not Eliminating Restraint & Seclusion and SROs in schools Saving the ACA (Affordable Care Act) Medicaid HCBS Rule Appropriations funding our programs & those services used by PWD Housing funding for Accessible Affordable Social Security protection & funding Criminal and Juvenile Justice Reform NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

Transportation DC Updates NDRN remains a member of the ACAA Coalition convened by PVA Updates: House bill to improve ACAA (H.R. 5004) introduced by Rep. Langevin (D-RI) 2/13/2018 https://www.govtrack.us/congress/bills/115/hr5004 Senate version (S. 1318) introduced by Sen. Tammy Baldwin (D-WI) https://www.govtrack.us/congress/bills/115/s1318 Letter of support sent by CCD Transportation TF - http://www.c-c-d.org/fichiers/CCD-Transportation-Rights-Support-letter-for-AC AA-2017.pdf

FAA Reauthorization done there is now another 6 month extension Congress has until September 30, 2018 to pass a long-term reauthorization working to get disability provisions included in this long-term authorization. NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Housing DC Updates On March 7, 2018, as reported in several news outlets, Secretary Carson decided to remove inclusion and anti-discrimination language from the HUDs mission statement.

NDRN worked with others on a letter of response to this 573 National, State and Local organizations signed onto this letter. Secretary Carson issued an open letter to the HUD staff stating that he has no intention of doing this but the statement leaked does not reflect this. We are currently working with the same AFFH Rule working group to get a meeting with HUD to discuss this further.

NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Housing DC Updates NDRN Dara Baldwin the newly formed CCD Emergency Management Ad Hoc committee NDRN attending the Getting It Right Conference on Disability and EM May 2018 in DC http://www.portlight.org/washington-d.c.-getting-it-right-conference.html We remain a member of the NLIHC Disaster Recovery Working Group: http://nlihc.org/issues/disaster

We are meeting with House and Senate members to push for funding for Emergency Management pre, during and post work that is inclusive of people with disabilities. We are also meeting with House and Senate members to push for funding for housing recovery funding that is accessible and affordable. NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

Equity/Intersectionality/Social Trust Let's talk about race, baby Let's talk about you and me Let's talk about all the good things And the bad things that may be Don't decoy, avoid, or make void the topic Cause that ain't gonna stop it - From Salt-N-Pepa (Lets Talk about Sex) NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Exercise on Exploring Differences

Talk about the first time you realized you were different Example: Walking into a room full of people and being the only person of color/woman/different faith How did that make you feel? Remember those feelings during this training NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Intersectionality Intersectionality see information sheet

The term was identified in 1989 by Kimberl Crenshaw who is an American civil rights advocate and a leading scholar of the field known as critical race theory. She is a full professor at UCLA Law School and Columbia Law School and she is the Executive Director of the African American Policy Forum - http://www.aapf.org In September 2015 Prof. Crenshaw wrote Washington Post article Why Intersectionality cant wait

(one of my mentors/who has become a friend) NDRN works closely with the Professor Crenshaw & AAPF since 2014 on multiple issue areas but started through the #SayHerName campaign NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Equity/Intersectionality/Social Trust Do you see yourself void of discrimination? Do you recognize your own bias? Do you understand the

plight of being disenfranchised or marginalized? NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Equality vs Equity Equality the quality or state of being equal like in quality, nature or status growing up we are all the same we are not the same we are very different and we should embrace those differences not shame them or forget they exist

Equity - justice according to natural law or right specifically: freedom from bias or favoritism NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Marginalized vs. Discriminated Marginalize Defined: to relegate to an unimportant or powerless position within a society or group (multi-marginalized groups) Relegate to assign to a place of insignificance or of oblivion: put out of sight or out of mind *Social Trust

Discriminate to make a difference in treatment or favor on the basis other than individual merit *Words used to make others feel comfortable when discussing race, religion, sexual-orientation we are living in times where we dont have time for comfort Resource: Pushout: The Criminalization of Black Girls in Schools by Monique W. Morris NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Structural Racism A system in which public policies, institutional practices, cultural

representations, and other norms work in various, often reinforcing ways to perpetuate racial group inequity. It identifies dimensions of our history and culture that have allowed privileges associated with whiteness and disadvantages associated with color to endure and adapt over time. Structural racism is not something that a few people or institutions choose to practice. Instead it has been a feature of the social, economic and political systems in which we all exist. NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Privilege (White)

Privilege exists when one group has something of value that is denied to others simply because of the groups they belong to, rather than because of anything theyve done or failed to do. Access to privilege doesnt determine ones outcomes, but it is definitely an asset that makes it more likely that whatever talent, ability, and aspirations a person with privilege has will result in something positive for them. ~Peggy McIntosh Being able to assume that most of the people you or your children study in history classes and textbooks will be of the same race, gender, or sexual orientation as you are assume that your failures will not be attributed to your race, or your gender not have to think about your race, or your gender, or your sexual orientation, or disabilities, on a daily basis...

NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Social Trust A public administration theory first introduced by Robert Putnam of Harvard University in his book Bowling Alone: The Collapse and Revival of American Community book Drawing on vast new data that reveal Americans' changing behavior, Putnam shows how we have become increasingly disconnected from one another and how social structures whether they be PTA, church, or political parties - have disintegrated

Until the publication of this groundbreaking work, no one had so deftly diagnosed the harm that these broken bonds have wreaked on our physical and civic health, nor had anyone exalted their fundamental power in creating a society that is happy, healthy, and safe NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Social Trust In addition to this he also discusses some of the many barriers and/o culture that has caused the disintegration of the bonds.

Work together laws make us Affirmative Action, Civil, Disability Rights laws make us but we dont worship or play together. How many of us have PWD who are friends outside of work? Who we consider our brother and sisters in life? (Think about this) NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Importance of Language People first language; terms like vulnerable, poor rather than poverty or low social economic status; LGBTQIA terms used for the queer nation.

Vulnerable synonyms helpless, defenseless, powerless, weak Defined: in need of special care, support or protection because of age, disability or risk of abuse and neglect *The fact that someone has any of these characteristics is not why they are vulnerable: There is nothing wrong with PWD you cant have it both ways! Through no other fault than their own that is not true there is fault and its structural. We must identify, accept and learn how to use the facts about structural racism, marginalization and discrimination that have created these

situations for them. Many people who are any of a combination of the three find this term offensive when used to describe them and their lives. NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin THANK YOU NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Disability Rights Movement NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

Disability Rights Disability Rights History fascinating but lacks diversity (see resources slide for readings etc.) LEADON Network & NDLA statement on racism and bias in disability rights community and move ment (handout) Three avenues to this work 1. Paternalistic we have to take care of PWD 2. Clinical we have to cure or fix them genetics

3. Civil and Human Rights - PWD can and should live in the community provided with supports and give opportunities to decent employment, housing and all aspects of life NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Connecting & Collaborating Policy Team Work Plan Implementing the Policy Agenda Coalition Work members of multiple Civil & Human Rights Coalitions

Campaign for Housing and Community Development Funds (CHCDF) http://nlihc.org/partners/chcdf Consortium for Citizens with Disabilities (CCD)- http://www.c-c-d.org/ Lambda Legal - https://www.lambdalegal.org/ Justice Roundtable on several working groups https://justiceroundtable.org/ Leadership Conference on Civil & Human Rights - http://civilrights.org/

NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Connecting & Collaborating Policy Team Work Plan Implementing the Policy Agenda National Black Justice Coalition - http://nbjc.org/ National Center for Transgender Equality -https:// www.transequality.org/ National LGBTQ Task Force - http://www.thetaskforce.org/ National Low Income Housing Coalition (NLIHC) - http://nlihc.org/ PFLAG - https://www.pflag.org/ Reentry and Housing Coalition - http://www.reentryandhousing.org/ NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin

Resources LEADON Network Black #Disability History http://leadonnetwork.org/wordpress/2016/02/14/black-disability-history-l-dara-baldwin -disability-ombudsman/ No Pity by Joe Shapiro (Book on the history of the disability rights movement) The Nation 2017 Progressive Honor Roll: ADAPT Most Valuable Grassroots Activism https://www.thenation.com/article/the-2017-progressive-honor-roll/ National Disability Leadership Alliance (NDLA) statement on racism and bias in the disability rights movement http://www.disabilityleadership.org/news/statement-from-the-national-disabilityleadership-alliance-on-racism-and-bias-within-the-disability-community-andmovement/

60 Minutes Segment with Ed Roberts - http://mn.gov/mnddc/ed-roberts/sixtyMinutes.html NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Resources Resources contd: ADA training: ADA Network: ADA Basics Building Blocks series: https://adata.org/project/ada-basic-building-blocks Cornell University Disability Statistics Online resource:

http://www.disabilitystatistics.org/reports/acs.cfm?statistic=1 Lives Worth Living Movie about the disability rights movement http://www.pbs.org/independentlens/films/lives-worth-living/ NDRN Our history: http://www.ndrn.org/about/26-our-history.html Words matter People First Language http://odr.dc.gov/page/people-first-language NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Resources Intersectionality see information sheet

The term was identified in 1989 by Kimberl Crenshaw who is an American civil rights advocate and a leading scholar of the field known as critical race theory. She is a full professor at UCLA Law School and Columbia Law School and she is the Executive Director of the African American Policy Forum - http://www.aapf.org In September 2015 Prof. Crenshaw wrote Washington Post article Why Intersectionality cant wait

(one of my mentors/who has become a friend) NDRN works closely with the Professor Crenshaw & AAPF since 2014 on multiple issue areas but started through the #SayHerName campaign NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin Please contact me: Contact information: L. Dara Baldwin, MPA

Preferred Pronouns: She/her/hers Senior Public Policy Analyst National Disability Rights Network (NDRN) Email: [email protected] Phone: 202-408-9514 ext. 102 Website: www.ndrn.org Twitter: @NDRNAdvocates Facebook: NDRNAdvocates NDRN - DC Updates & Instersectionality - May 2018 Dara Baldwin NDRN Public Policy Update for Students in Transition, Part II

Curt Deckerive Director Ron Hager, Senior Attorney Amanda Lowe, Public Policy Analyst Every Student Succeeds Act (ESSA) Signed into law, December 10, 2015. Bi-partisan, compromise bill. Important wins for the disability community: 1% cap and language. UDL. State plans report on reduction of use of aversives. Interoperability language with accommodations. Subgroups meaningfully counted in accountability system. Majority of state plans have been approved.

6 states (DE, LA, KY, MA, MS, WI) approved for 1% waiver. 66 Regulations & Guidance: OSERS issued NPRM to delay Significant Disproportionality Regulation NDRN opposes. NDRN has: Crafted & submitted comments (due May 14). Shared comments with Network and CCD.

Made a short video for social media. Created Salsa alert (Network, CCD, LCCHR, Education Big Table). Crafted and signed onto CCD Comments. Concerns about potential rescission of 2014 ED/DOJ guidance. NDRN is working through coalitions on this and working through the CRRT on a document refuting misinformation connecting the guidance to school shootings. 67 Vouchers and Voucher-Like Schemes Continues to be a major theme for Administration: -Presidents FY 19 budget has $1 billion increase for

school choice options and $500 million for charter school expansion. -529 plans and school choice -Impact aid and ESAsdid not happen -Stay tuned 68 Vouchers and Voucher-Like Schemes (continued) NDRN, through the National Coalition for Public Education, is actively engaging in efforts to educate Members of Congress regarding NDRNs concerns about the IDEA rights of students with disabilities (or lack of rights) under many school choice structures. NDRN will continue to closely monitor legislation and administration policies on this issue.

NDRN working on a report focused on states with active voucher programs. 69 Restraint and Seclusion NDRN, through the APRAIS coalition, is working with both House and Senate staff on the reintroduction of the Keeping all Students Safe Act (KASSA) Still in progress. NDRN has been working with Dateline to help with a potential segment on restraint and seclusion. Connected with a family, the Hill, and shared some P&A stories from PPRs. Will keep the Network posted.

70 Higher Education Act Worked with Rep. Bobby Scott (D-VA) and supported the Improving Access to Higher Education Act. Opposed Rep Foxxs (R-NC) PROSPER Act. Submitted (through CCD) recommendations to Senate HELP committee (minority staff). Worked with Senators Casey (D-PA) and Hassan (D-NH) on the SECuRE Act. Although passage doubtful this Congress, expected on House floor in mid-June. 71 Other Education Related Bills/Issues

IDEA Full Funding Act Reintroduced in the House, H.R. 2902, there is a Senate companion bill. Carl D. Perkins Career and Technical Education Act: Passed out of House last summer. Watching closely in Senate. NDRN is also keeping an eye on: School Climate and School to Prison Pipeline Issues. 72 Veterans Representative Roby (R-AL) and Representatives Walz (D-MN), Titus (D- NV), Zeldin (R- NY) and Coffman (R- CO) re-introduced the Protection and Advocacy for Veterans Act,H.R. 1712.

The bill would establish a demonstration project for 4 P&A agencies to receive funding to conduct monitoring and investigation activities in federal V.A. facilities for a period of 5 years. NDRN is working with 2 Senate offices (Senators Rounds (R-SD) & Brown (D-OH)) on a companion bill. At the end of October 2016, NDRN signed a MOU with VR&E at the V.A. NDRN completed the first of a series of five webinars. First webinar covered the P&A history, structure and authorities. Next topic is education for students with disabilities. 73 Competitive Integrated Employment (CIE) NDRN and others met with OSERS regarding the Competitive Integrated Employment (CIE) regulations and FAQs (under

threat). NDRN, APSE, CPSD letter expressing concern regarding Secretarys Unified Agenda (VR Regulations). Compromise letter ultimate goal of preserving the CIE regs. Keeping an eye on Grothman/Sensenbrenner bill (CIE) 74 Other Employment Issues NDRN worked with Georgetown University and LCCHR on a minimum wage report reviewed section on subminimum wage. H.R. 1377, the Transitioning to Integrated and Meaningful Employment (TIME Act)

NDRN/DOL MOU signed on Dec. 16, 2015. 75 Representative Payee House Ways and Means Committee held two hearings on representative payee issues in 2017. Starting in October 2017, we began to work with House Ways and Means Committee staff for additional funding for the P&As to perform representative payee reviews. This lead to the introduction of H.R. 4547 late in 2017. The bill was signed into law on April 13, 2018. The focus has now turned to implementation. The

program officially shifts from the current contractor to the P&A Network on August 1, 2018. 76 Affordable Care Act (ACA) Lots of time and energy was spent fighting back against repeal of the ACA in 2017. The fight took place on both legislative and regulatory fronts. Ultimately full repeal and replace of the ACA did not take place, but many negative changes were made through regulation, executive order, and some legislation (repeal of individual mandate). Given the election year, I dont expect much to occur on this front in legislation. Attacks will come through regulations and executive

orders. But Medicaid is clearly in the crosshairs of the Administration and many Republicans in Congress, and a lot of education is needed to make Members and their staff to understand the importance of this program. 77 Americans with Disabilities Act (ADA) Notification bills Unfortunately H.R. 620 the ADA Education and Notification Act of 2017 passed in the House in February with a vote of 225 195 (with 12 Democrats voting yes and 19 Republicans voting no). Advocacy work is now being done on the Senate side as of May 2018 there is no Senate ADA Notification bill introduced. We are working with both R & D Senate Judiciary Committee staff to hold off any introduction of a bill. Met with Business community meetings are continuing as they sent letter to Hill in support of

Senate legislation on March 14, 2018. 78 ADA Notification Bills (continued) March 28, 2018, Sen. Duckworth (D-IL) sent a letter with 42 Dems & 1 Independent to Majority Leader McConnell (R-KY) informing him of their opposition to ADA Notification legislation Thank you for all the advocacy work on this see letter & press release here: https://www.duckworth.senate.gov/news/press-releases/duckwo rth-and-senate-democrats-vow-to-defeat-house-gop-led-effort-t o-curtail-civil-rights-of-americans-with-disabilities

CCD Save ADA Website exists with updated information and tools: http://www.c-c-d.org/rubriques.php?rubpage=43 79 Achieving Better Life Experience (ABLE) Act Unfortunately Congress passed both the ABLE to Work and ABLE Financial Acts as amendments to the Tax Bill done in late December 2017, but not the ABLE Age legislation. The ABLE to Work Act could cause some serious problems, so we are working with IRS to assist with getting regulations and guidance done. Groups are also working with State Treasurers from around the country who want the age increased, to increase supply of accounts the predicted

number of accounts opened and funds deposited is not being met (many states took out loans to start ABLE programs those loans are due soon and at this low rate of supply repayment of these loans will not happen). The CCD Financial Security TF (Dara is a Co-Chair) continues to put this at the forefront of their work next steps get more Cosponsors on ABLE Age Act bills. 80 Achieving Better Life Experience (ABLE) Act (Continued) As of May 2018 there are 17,000 ABLE Accounts opened they need 390,000 opened by 2021 (to pay off loans to start programs) at this rate and with no age increase this is not possible. NAST is working with CCD Financial Security TF to get ABLE Age

Act moving & passed in the 115th Congress. Look for new advocacy campaign over the summer ABLE Age Adjustment Act of 2017 H.R. 1874 & S. 817 81 Electronic Visit Verification Electronic Visit Verification (EVV) was part of the 21st Century Cures Act passed in 2016 and is to be implemented in states by January 2019 There have been multiple issues, concerns and problems with the implementation of this program CCD has put together a cross Task Force working group LTSS, Healthcare and Rights to work on this. May 22, 2018 this legislation was introduced we will keep you updated on this work Senate: S. 2987 Sen. Murkowski (R-AK)

A bill to amend title XIX of the Social Security Act to delay the reduction in Federal medical assistan ce percentage for Medicaid personal care services furnished without an electronic visit verification system. 7 Cosponsors: 82 Electronic Visit Verification (Continued) House: H.R. 5912 same title Rep. Diana DeGette (D-CO) 3 Cosponsors CCD Co-chairs letter to CMS on the Regulations for EVV sent out on May 17, 2018: http://www.c-c-d.org/fichiers/CCD-letter-to-CMS-on-EVV-5.17.1 8.pdf

83 Thank You! Ron Hager Senior Staff Attorney National Disability Rights Network (NDRN) 820 First Street, NE Suite 740 Washington, DC 20002 202-253-5252 (cell) 202-408-9514 [email protected] http://www.ndrn.org/ 84

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