John R. Vaughn, Chairperson
February 2007

The Bulletin, which is free of charge and at NCD’s award-winning Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe to the new NCD listserv, go to http://listserv.access.gpo.gov, click on Online mailing list archives, select NCD-NEWS-L, click on Join or leave the list, then complete the short subscription form. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

IDEA Supreme Court Update

On February 26, National Council on Disability (NCD) chairperson John R. Vaughn released a statement regarding the U.S. Supreme Court oral argument, which was heard on February 27, on whether parents may, without a lawyer (pro se), file a lawsuit to enforce their child’s rights under the Individuals with Disabilities Education Act (IDEA).

The case of Winkleman v. Parma City School District (No. 05-983) addresses a split among circuit courts, one circuit deciding that there are no limitations on the parents’ ability to prosecute pro se an IDEA case in federal court, several circuits ruling that under IDEA parents can only represent pro se their own interests and not those of their child, and the Sixth Circuit saying in Winkleman that parents cannot represent themselves or their kids in court under IDEA.

As an independent federal agency that is statutorily charged with the responsibility of promoting disability laws and programs, NCD is concerned about maintaining the ability of parents to obtain the rights and benefits guaranteed to their children under IDEA.

Chairperson Vaughn concluded by urging that the resolution of the Winkleman case give full effect to the educational guarantees of IDEA by supporting the rights of parents to pursue the interests of their children regardless of whether they have a lawyer to assist them.

The entire statement with links to related NCD publications is available at (http://www.ncd.gov/newsroom/news/2007/r07-531.htm).

Emergency Preparedness Update

Under the Homeland Security Appropriations bill (H.R. 5441) signed by President Bush on October 4, 2006, NCD has been assigned key responsibilities for disability related issues in homeland security. These responsibilities involve the Administrator of FEMA working, in conjunction with other FEMA staff, with NCD and others (e.g., a National Advisory Council, organizations representing people with disabilities) on at least nine (9) major tasks including:

• Appointing a Disability Coordinator;

• Interacting regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

• Completing, revising, and updating, as necessary, guidelines to define risk-based target capabilities for Federal, State, local, and tribal government preparedness that will enable the Nation to prevent, respond to, recover from, and mitigate against all hazards, including natural disasters, acts of terrorism, and others;

• Carrying out a national training program to implement the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies;

• Carrying out a national exercise program to test and evaluate the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies;

• Establishing a comprehensive system to assess, on an ongoing basis, the Nation's prevention capabilities and overall preparedness, including operational readiness;

• Establishing a remedial action management program to-- (1) analyze training, exercises, and real-world events to identify and disseminate lessons learned and best practices; (2) generate and disseminate, as appropriate, after action reports to participants in exercises and real-world events; and (3) conduct remedial action tracking and long-term trend analysis;

• Developing, coordinating, and maintaining a National Disaster Housing Strategy; and

• Developing guidelines to accommodate individuals with disabilities, which shall include guidelines for: (1) the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and (2) devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing.

NCD met during the last week of February with key FEMA and DHS staff, as well as with national organizations representing people with disabilities, about these key responsibilities and the direction FEMA is taking to fulfill its new disability mandates under H.R. 5441. FEMA management also testified in February before the House Committee on Homeland Security regarding the overall direction it is taking to strengthen its operations and infrastructure (see, http://media-newswire.com/release_1044788.html).

Legislative Update

Social Security Disability Backlogs

NCD submitted testimony to the record of the Subcommittee on Social Security of the House Ways and Means Committee's hearing on Social Security Disability Backlogs, held February 14, 2007. The information submitted was drawn from NCD's 2005 report, The Social Security Administration's Efforts to Promote Employment for People with Disabilities: New Solutions for Old Problems (http://www.ncd.gov/newsroom/publications/2005/ssa-promoteemployment.htm).

State Children's Health Insurance Program (SCHIP or CHIP) 

The Subcommittee on Health of the House Committee on Energy and Commerce held hearings on the topic, “Covering the Uninsured through the Eyes of a Child” on February 14 and March 1. The Senate Finance Committee held a hearing in early February on “The Future of CHIP: Improving the Health of America's Children.” The National Governors Association recently sent a letter to Congressional Leadership (including Senate Majority Leader Harry Reid, Senate Minority Leader Mitch McConnell, Speaker of the House, Nancy Pelosi and House Minority Leader John Boehner) urging the 110th Congress to make it a priority to pass legislation that would provide sufficient funds for SCHIP, to prevent any state from having a federal funding shortfall prior to reauthorization.

The State Children's Health Insurance Program (SCHIP), Title XXI of the Social Security Act, is jointly financed by Federal and State governments and is administered by the states. SCHIP currently provides affordable health coverage to more than 4 million children who would otherwise be uninsured (as their families may earn too much to qualify for Medicaid, but cannot afford private health insurance). The states continue to seek federal funding, as billions of federal dollars will be needed by the states to enroll children currently eligible for the program. SCHIP is scheduled to be reauthorized by Congress this year. Challenges center on determining funding amounts and their potential impact on a tight Congressional budget, though Members on both sides of the aisle support this program.

Mental Health Parity  

The Senate bill (S.558, sponsored by Senator Domenici, NM) passed out of Heath, Education, Labor and Pensions Committee on February 14, 2007. The bill requires insurance companies and employers offering mental health coverage to provide parity between mental health and physical health coverage.

Congressmen Patrick J. Kennedy (RI) and Jim Ramstad (MN) are continuing the series of thirteen mental health parity forums they are conducting across the country from January through March. A mental health parity bill, similar to the Paul Wellstone Mental Health Equitable Treatment Act of 2005 that was introduced by Rep. Patrick Kennedy in the 109th Congress, is expected to be introduced in the House shortly.

Voting Accessibility 

Two related bills amending the Help America Vote Act of 2002 (HAVA) have been introduced in the 110th Congress. The Voter Confidence and Increased Access of 2007 Act ( H.R. 811), introduced in the House by Rep. Rush Holt (with 195 Cosponsors) and referred to the Committee on House Administration, contains specific provisions regarding accessibility and ballot verification for people with disabilities, 

The related Senate bill, Voter Integrity and Verification Act (S. 559), sponsored by Senator Bill Nelson and referred to the Senate Committee on Rules and Administration, contains similar provisions to H.R. 811, except that it goes further, to ban conflict of interest on the part of elections officials.

Both bills amend HAVA with respect to: (1) ballot verification and mandatory paper record audit capacity; and (2) accessibility and ballot verification of results for individuals with disabilities. Both bills also require the Director of the National Institute of Standards and Technology to study, test, and develop best practices to enhance the accessibility of ballot verification mechanisms for individuals with disabilities, outline additional voting system requirements and prohibitions, extend the authorization of the Election Assistance Commission (EAC), provide for complaints to the Attorney General by persons aggrieved by violations of HAVA and make available additional funding to enable states to meet the costs of the new requirements.

Future Quarterly Meetings

NCD’s spring quarterly board meeting will be held April 16–17 at the Crowne Plaza Atlanta—Buckhead, Atlanta, Georgia.

NCD’s summer quarterly board meeting will be held July 24–26 at the Crowne Plaza Chicago Metro, Chicago, Illinois.

These meetings are open to the public. People with disabilities are encouraged to attend and participate in the Public Comment segments of the meetings that now occur at all NCD quarterly board meetings.

Mark S. Quigley
Director of Communications
National Council on Disability
1331 F Street, NW Suite 850
Washington, DC 2000