National Council on Disability
Quarterly Meeting

Los Angeles Marriott Downtown
Los Angeles, CA
August 19-20, 2002

MEMBERS
Lex Frieden, Chairperson
Kate P. Wolters, First Vice Chairperson
Hughey Walker, Second Vice Chairperson
Yerker Andersson, Ph.D.
Dave N. Brown
Robert R. Davila, Ph.D.
Young Woo Kang, Ph.D.
Kathleen Martinez
Audrey McCrimon
Carol Hughes Novak
Bonnie O'Day, Ph.D.
Patricia Pound
Lilliam Rangel-Diaz

STAFF
Ethel D. Briggs, Executive Director
Jeff T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Martin Gould, Ed.D., Senior Research Specialist
Gerrie Hawkins, Ph.D., Program Specialist
Joan Durocher, Esq., Attorney Advisor
Pamela O'Leary, Interpreter

Monday, August 19, 2002

Team meetings were held from 9:00 a.m. to noon.

Ms. Wolters welcomed the new chairperson and council members to the National Council on Disability (NCD).

CALL TO ORDER

Chairperson Lex Frieden called the meeting to order at 1:00 p.m. He thanked all for coming and welcomed the new members. He thanked the departing NCD members who were present for staying to welcome him and the other new members and to orient them and lead them forward.

Mr. Frieden recognized guests and asked to have the agenda amended so that NCD could take 30 minutes of public comments.

Motion 1
Dr. Andersson moved to amend the agenda to allow for public comments for approximately 30 minutes. Passed.

SWEARING IN OF NEW MEMBERS

Mr. Frieden recommended that the ceremonial swearing in of new members be postponed until the meeting in Washington, D.C., in December, by which time the remaining appointees should be confirmed by the Senate.

He asked NCD members and staff to introduce themselves.

Motion 2
Mr. Brown moved to accept the agenda as amended. Passed.

Motion 3
Ms. Wolters moved to accept the June quarterly minutes. Passed.

CHAIRPERSON'S REPORT

Mr. Frieden commended NCD staff for their work in preparing for the meeting. He noted the difficulty of conducting a meeting away from the NCD office and expressed appreciation for members' having received the notebooks to review well before the meeting.

He reported that the new members had an orientation organized by Ms. Briggs, Mr. Rosen, and Ms. Susan Winchell, ethics officer from the Department of Education.

Mr. Frieden said that NCD members have many roles and duties. There are a number of teams new members can join, as well as positions of leadership within NCD and representational roles with various agencies that NCD works with. He said that he has asked Ms. Wolters and Mr. Walker to remain as vice chairs and has asked all team leaders and committee chairs to remain in place, to the extent possible.

Mr. Frieden asked new members to take a few weeks to get to know NCD a little better and examine the work of the various teams. He said he would poll them in September to find out what their interests are regarding the teams.

Mr. Frieden reported that he participated in an ad hoc meeting at the United Nations regarding a convention on the rights of people with disabilities. He said that Dr. Andersson, as chair of International Watch, has done a great deal work in this area and will continue to play a leadership role.

Mr. Frieden said that he is convinced that the United Nations will pass a convention on the rights of people with disabilities, because many countries are seriously committed. For example, he said that the president of Mexico and Mexico's UN ambassador have expressed their personal interest in disability issues. He said that the European Union came into the meeting with many questions regarding the level of substance, detail, and level of enforcement that would be incorporated into a convention, but the EU has agreed to support a convention. He said that a followup meeting of the countries that are moving forward would be held, probably in May 2003.

Mr. Frieden said that he was invited by President George W. Bush to attend the economic forum held in Waco, Texas. The all-day meeting was attended by 240 corporate CEOs, union leaders, association leaders, and others to discuss the U.S. economy.

Mr. Frieden said that both the President and Vice President attended and that he had the opportunity to speak with the President about issues pertaining to disability and economics, and that President Bush was very interested in hearing recommendations from NCD.

Mr. Frieden said that he was a part of a small breakout group with Tommy Thompson, secretary of Health and Human Services, who expressed interest in a number of studies that NCD currently has under way and is eager to have recommendations from NCD to deal with some of the issues, particularly issues that were raised during the public comment period.

Mr. Frieden said that he is aware that the new council members have some new goals for the work of NCD. He said that the members will develop a process that includes a strategic planning component, so they can review the work that NCD is committed to presently and for the near future. They will review that work and ensure that it is completed in a credible manner, then look at taking on some new agenda items.

EXECUTIVE COMMITTEE REPORT

Ms. Wolters said that the minutes of the Executive Committee meetings were included in the members' notebooks and there were no items for discussion. She noted that the function of the Executive Committee is to deal with interim matters between NCD quarterly meetings.

EXECUTIVE DIRECTOR'S REPORT

Ms. Briggs extended a warm welcome to the new council members on behalf of NCD staff and said she believed they would find their work both challenging and rewarding.

She announced that NCD will have a new staff member, Ms. Julie Carroll, attorney advisor, beginning August 26. Ms. Joan Durocher is also an attorney advisor who has filled one of our NCD staff slots.

FY 2002 Work Plan Update

Ms. Briggs reported the following:

The progress report was released on July 26; it received a lot of media attention and was so popular that 500 additional copies are being printed.

The Native American/Alaska Native project and the juvenile justice study are under way.

Staff continue to work on the reauthorization of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA), and have created a reauthorization page on the NCD Web site.

The Rehabilitation Services Administration conducted six forums around the country to gather input on the Rehabilitation Act and has agreed to share the information with NCD.

The consolidated version of the 504 Study is under way and will be completed soon.

The Civil Rights Institutionalized Persons Act (CRIPA) report is in draft form and has been reviewed by staff. The next draft will be sent to the team and to external reviewers.

The contractor for the Olmstead report was granted an extension to August15. Five chapters have been received so far, and five are being finalized.

The monthly bulletin is sent via e-mail and by U.S. mail. It is also posted on the NCD Web site, along with other NCD publications.

NCD is working with staff at the Department of State on U.S. support for a UN convention on the rights of people with disabilities.

The Cultural Diversity Advisory Committee met in Washington, D.C., in July.

The President signed an Executive Order to continue the White House Initiative on Asian-Americans and Pacific Islanders. Claude Allan, deputy secretary, Department of Health and Human Services, chairs the working group. NCD is on the working group as well and the coordinating committee. The commission plans to hold meetings across the country on issues related to Asian-Americans and Pacific Islanders. Ms. Briggs said that she has requested a list of the sites so NCD members can attend the meetings.

The staff had an ethics training session in July; a team-building session has been scheduled for September.

NCD conducted an assessment during fiscal year (FY) 2002 of its financial status and has received the final report from the auditors. A corrective action plan has been developed to address the findings in this report.

Legislative Update

Mr. Rosen reported the following:

The progress report released on July 26 addresses statistics, education, employment, civil rights, transportation, health care, and other issues. The report, written by Mr. David Mendelssohn, is comprehensive and detailed.

Congress returns from its August recess the week of September 3 and is expected to consider several disability-related issues. Both chambers plan to introduce bills to reauthorize IDEA and the Temporary Assistance for Needy Families (TANF) program. Most of the 13 appropriations bills required to fund discretionary (nonentitlement) programs beginning October 1 have not been approved by the relevant subcommittees and will require immediate attention when Congress convenes.

On July 18, the Senate Appropriations Committee approved a $134.3 billion FY 2003 bill (S.2766) to fund all discretionary spending of the Departments of Labor, Health and Human Services (HHS), and Education. The Senate bill, a scaled-back version, would spend $4.4 billion more than President Bush requested and than the House is expected to appropriate. In this bill, NCD would be level-funded at $2.83 million.

The Senate is expected to approve this bill. House Labor-HHS-Education Appropriations Subcommittee Chairman Ralph Regula (R-OH) announced that he would not act on the subcommittee's version of the bill until September. It is anticipated that it will be approximately $5.8 billion less than the Senate bill.

President Bush said that he would veto any appropriations bill exceeding his funding recommendations. The Labor-HHS-Education Bill negotiated between the Senate and House probably will exceed the President's recommendation; some observers believe that this will force a stalemate and necessitate a continuing resolution to maintain spending at FY 2002 levels when the new fiscal year begins on October 1. It is conceivable that Congress will not resolve this situation until the lame duck session after the November elections.

Federal legislators have said that they would not introduce bills reauthorizing IDEA until after Labor Day. (Actually, only the parts of C and D of IDEA that cover early childhood and teacher training programs are up for reauthorization, but Part B the state grants program is also thrown into the mix.) In the meantime, Congress has had the opportunity to review two recent reports with recommendations on IDEA the NCD report IDEA Reauthorization: Where Do We Stand? and a report from the President's Committee on Excellence in Special Education entitled A New Era: Revitalizing Special Education for Children and their Families. NCD's report, a product of public input and testimony, makes recommendations to (1) strengthen federal monitoring and enforcement by giving the Justice Department an expanded role; (2) provide for full funding; (3) retain all protections for students with disabilities in cases of discipline; and (4) address the overrepresentation of minorities in special education through early identification and prevention services. NCD's Youth Advisory Committee has collected over 100 responses from youth and their parents about IDEA; a compilation of these comments will be shared with policymakers and posted on NCD's Web site.

Both houses of Congress have had a number of hearings on special education and have received various reports; they will be moving forward with their respective IDEA reauthorization bills when they return. It appears that they will have dramatically different opinions on funding; the Senate is pushing for mandatory funding triggered by a set formula, while the House wants to reform special education before making IDEA an entitlement program. There is likely to be significant debate on whether to add vouchers, change the discipline programs, reduce paperwork requirements, and address the overrepresentation of minorities.

On June 26, the Senate Finance Committee approved a bill to reauthorize the TANF block grant before it expires in September. The Work, Opportunity and Responsibility for Kids (WORK) Act of 2002 reauthorizes TANF for five years, adds $5.5 billion for child care, and allows states the option to exempt up to 10 percent of their caseload from work requirements, including families in which the parent is the primary caregiver for a family member with a disability. The primary difference from the House bill is that the Senate bill requires 10 fewer hours of work per week, allows documented immigrants to participate, and does not grant super-waivers to states so they can opt out of certain federal statutory and regulatory requirements.

Reauthorization of TANF is a key issue for people with disabilities, and any welfare reform must also recognize the special barriers faced by people with physical and mental impairments. Recipients with disabilities are already struggling under the work requirements imposed by welfare reform. Forty-four percent of TANF recipients have disabilities; they are half as likely to leave the welfare rolls as persons without impairments, and when they do leave the rolls, they are less likely to be employed, according to a recent General Accounting Office (GAO) study. In fact, 36 percent of welfare recipients with impairments had no income source when they left the rolls. NCD has sent letters to Congress on TANF issues; these letters are posted on the NCD Web site.

Senate Majority Leader Tom Daschle (D-SD) announced his intention to bring the bill to the full Senate after Labor Day. However, as with IDEA, the substantial differences between the House and Senate bills have led to speculation that the current authorization might run out before the two houses of Congress can reconcile their versions.

The patients' bill of rights and voting rights legislation are still in conference, and there has been very little movement on election reform legislation. The disability community has continued to push for the provision of at least one accessible voting machine in each polling place, the elimination of the requirement for a photo identification card, and the establishment of minimum standards for federal elections. NCD has produced position papers and a set of principles for both patients' rights and election reform legislation.

Other legislative activity includes the Senate Finance Committee's approval of the Family Opportunity Act, which allows working families to buy in to Medicaid to cover children with severe disabilities; the introduction of House and Senate bills liberalizing Medicare's "homebound" restriction on home-health agency services, made popular by the plight of David Jayne; and the introduction of respite care legislation in the House that would fund and coordinate systems of accessible, community-based respite care for caregivers.

Public Relations Update

Mr. Quigley welcomed the new members.

He said that media work for NCD has been both exciting and rewarding. Over the past five to seven years, media interest in NCD has grown significantly there are now thousands of news clips each year that track the work being done at NCD.

Mr. Quigley said that NCD will post its first audio news release and text file to the NCD Web site, featuring Ms. McCrimon.

All of President Bush's NCD nominations have been submitted to the Senate. They are expected to be confirmed when the Senate reconvenes in the fall.

Mr. Frieden was interviewed by KNX radio, where he spoke on many disability-related issues.

FINANCE COMMITTEE REPORT

Ms. McCrimon welcomed the new council members.

She explained that the Finance Committee meets on the last Monday of each month to review NCD's finances appropriations, obligations, and expenses incurred. She said that the committee also examines issues such as preprogramming of funds as a result of continuing resolutions and how that may affect NCD's policy, program, and administrative operations.

FY 2002 Budget Status Report

Ms. McCrimon said that a narrative with an overview and explanation of the FY 2002 budget status report is in members' notebooks; it explains the various categories of obligations and expenditures.

She said that NCD looks at its expenditures during the course of the fiscal year and at the six-month point, to identify funds not being spent that could be reallocated to other areas. NCD is currently looking at the possibility of reprogramming approximately $400,000 from council members' salaries. (Salaries are projected each year as an estimate of how much time council members will spend on NCD activities.

She said that council members have been traveling less partly because there were no regional hearings resulting in a savings of $87,000 in the member travel category. In addition, there was a savings of approximately $90,000 in research/contractual and other services, which includes funds for consultants who are hired to write and develop reports, as well as for meetings and accessibility costs.

Financial Assessment Corrective Action Plan/Financial Policies and Procedures Manual

Ms. McCrimon said that council members at the June NCD meeting recommended reprogramming funds for a number of policy and administrative issues that were not being acted upon at that time. The June recommendations were for reprogramming approximately $225,000. Since then, additional funds have been identified, bringing the balance to approximately $413,000.

Ms McCrimon suggested that the chair and new members review the June recommendations and determine what is doable within the obligation period and what the priorities should be.

Draft FY 2004 Budget Request

Ms. McCrimon said NCD's FY 2004 budget request is due to the Office of Management and Budget (OMB) on September 30. She said that NCD's primary interest would be the activities for 2004. The staff has provided key ideas that can be amended under this council's direction. The information has been prepared for council members to review and digest.

Ms. McCrimon explained the process: The proposal is submitted to OMB; it is discussed; OMB gives NCD a figure (passback); and then discussion and negotiation begin.

She said the FY 2004 budget presented to OMB did not represent a significant increase. However, there were some increases in the communications and research/other services areas.

Ms. McCrimon said that Sousa & Associates made a number of recommendations which included the corrective action plan which would lead to the larger piece, being the strategic plan, which will be included in the financial plan for NCD.

Ms. Briggs said the financial assessment corrective plan is being finalized. She said that she, Mr. Holland, and Mr. Rosen have discussed the issues several times and that she is awaiting a date for a meeting with the General Services Administration (GSA). Staff are waiting for a response from the director of the accounting service provider in Kansas City. She said that materials will be forwarded to the chair and members of the Finance Committee for review.

Ms. Briggs said the deadline for the policies and procedures manual has been extended to August 15. The document has grown from 40 to 90 pages, and there are some formatting problems. After the formatting issues have been resolved, a financial consultant will review the document to ensure that it is in compliance with federal laws and regulations dealing with finance.

TEAM REPORTS

Section 504

Mr. Brown reported that the 504 report is approaching completion, after a change in contractors and in the scope of the report. He said that Milstein and Associates have taken on the report and have moved aggressively on it. They were able to use a lot of information gathered by the previous contractor, as well as information provided by the agencies. The first draft of the report is expected at the beginning of September. The report will be reviewed, and a second draft will be completed by the first of October. This draft will be sent out for a second review to members of the committee who are interested.

The five agencies reviewed in the report are the Departments of Education, Health and Human Services, Interior (Bureau of Indian Affairs), Labor, and State. Mr. Brown said that the report will focus on 504 compliance efforts with regard to recipients of federal dollars not on what the five agencies are doing with their programs, but how they are enforcing the pass-through dollars that go out to the federal agencies.

Mr. Brown said the report will consider the Government Performance Reform Act and the efforts of the agencies to enforce 504 and educate stakeholders about their rights. He said it will include sections on the effect of the Olmstead decision in the areas of labor, education, and health and human services. The report will be relatively short approximately 60 pages.

Olmstead

Mr. Rosen reported that the Olmstead study focuses on site experiences and implications of the Supreme Court decision. NCD has taken steps to make individuals more enthusiastic about implementing Olmstead, but people from the top down are very interested in this study and what grassroots community experience actually coming up to meet with the federal policies and the programs. The study covers the decision and what is required. It gives a brief overview in all states and an in-depth analysis of 10 states: Arizona, Florida, Illinois, Michigan, Mississippi, Nevada, New Hampshire, New York, Texas, and Washington. The criteria for selecting these states were based on location, diversity, funding, and support of each state.

Mr. Rosen said that NCD has worked very closely with consumers throughout the country to gain insight into their experiences with Olmstead and its implementation.

He expected the draft of the report within the week. (It was delayed when one of the lead contractors left the project.) He said the full draft report will be reviewed by the Olmstead team and then submitted to all council members for their review and suggestions.

Mr. Rosen said that NCD has asked the Department of Health and Human Services to review its portion of the report for technical accuracy and to make sure all collaborative discussions with the other agencies are in accordance with NCD's findings and recommendations.

CRIPA

Dr. Hawkins reported that the CRIPA (Civil Rights for Institutionalized Persons Act) report is in its final stage. The preliminary draft has been reviewed, and revisions are being made. She said that one of the reviewers is an advocate who is also a consumer and an attorney, while the other is a professional who has worked in constitutional settings for a number of years. She expects to receive the final draft by August 31.

Native American/Alaska Native Project

Dr. Hawkins said the report will be titled People with Disabilities on Tribal Lands. The areas of concentration are education, health care, rehabilitation, and independent living.

She said that council members had posed several questions about the project during the morning team session. They were as follows:

What are the primary areas of concern distinctive to American Indians and Alaska natives that influenced NCD's decision to undertake this project?

What are some of the identified needs of American Indians and Alaska natives that are the focus of this project?

Has NCD focused enough attention on input from people with disabilities? The contract implements various outreach phases for this project, not just the Americans and Alaskan natives with disabilities.

What is the time frame of the project?

Dr. Hawkins responded by describing how the request for proposals (RFP) was developed with the assistance of people from tribal communities that include individuals with disabilities. She said NCD has made an effort to ensure ongoing conversations with the contractors, focusing on whom they are including in the project and the makeup of the advisory team and the technical expert panel.

Dr. Hawkins said that the project is on time and on track, with substantial opportunities for people in tribal communities and with disabilities to provide input.

Juvenile Justice Study

Ms. Rangel-Diaz reported that the study was initiated in April 2002 with the Urban Institute as contractor. The report will explore questions of overrepresentation of children and youth with disabilities and of diverse ethnic groups in the juvenile and criminal justice systems.

Ms. Rangel-Diaz said that NCD is interested in what happens to these children once they are in the system, what best practices exist to return them to the educational system, and what supports are needed.

She said the committee participates in monthly conference calls and receives a monthly report from the contractor. The first draft of the executive summary is due September 16; the first draft of the report is expected in October.

ADVISORY COMMITTEE REPORTS

Cultural Diversity

Mr. Walker reported that the committee met on July 30 and 31 in Washington, D.C. He said the staff "bought together some beautiful minds from across the country, and they did wonderful work."

Mr. Walker said that the committee wants to develop a culturally competent model to place into practice and send to other federal agencies. The committee is currently assisted by a staff member and an advisory liaison (council member). The committee prepared a formal resolution that says, "Diverse cultural groups currently comprise one third of the United States disabled population, yet there continue to be significant disparities in their access to health care and disability programs. We recognize the changing demographics in our country and this administration's intention to leave no child behind and to include people with disabilities in all aspects of society. NCD's Cultural Diversity Advisory Committee respectfully recommends that NCD establish as part of its permanent structure that one council member will serve as the liaison to the advisory committee for FY 2003 and beyond, and that sufficient funds will be allocated in the budget to sustain the mission and activity on this committee to give advice and make recommendations to NCD."

Dr. Hawkins noted that official representatives from the assistant secretary and deputy levels attended the July meeting and are committed to working with NCD.

International Watch

Dr. Andersson said that International Watch was established four years ago to encourage members to discuss the U.S. role in international disability issues. Members of International Watch came from various areas in the federal government and private businesses. At first, 30 to 40 group members attended the monthly meetings; later, the group formed three topic areas: the Foreign Assistance Program, the UN Convention on Human Rights for People with Disabilities, and the post conflict working group.

Dr. Andersson said the work has been suspended, but International Watch will resume its scheduled meetings in the near future. A special meeting was held in Washington, D.C., on June 12, to which grassroots organizations were invited.

Ms. Durocher made the following report to council members about that meeting:

NCD and the United States International Council on Disability (USICD) co-sponsored a meeting calling for worldwide recognition of the human rights of people with disabilities. The forum focused on grassroots disability organizations and their role in the development of an international convention. It was well attended by leaders of grassroots organizations and disability organizations, as well as disability advocates from around the country.

The agenda included an exploration of how international law can serve the disability community, the emergence of disability on the international and human rights agendas, and how the U.S. disability community can engage in the convention development.

Panelists with experience in international treaty processes, including environmental weapons and children's rights treaties, discussed best practices and potential pitfalls, and encouraged the meeting participants to organize and coordinate a process as soon as possible. In the discussion session, there was a great deal of interest in participating in the development of the convention and general agreement that it will be useful to incorporate an explicit human rights perspective in disability advocacy work.

Justin Dart delivered the closing remarks and encouraged solidarity and single-mindedness in the effort to promote the development of a convention. He called for U.S. leadership and warned that a weak convention could ultimately be used against people with disabilities and would allow governments to proclaim compliance with international standards that are inferior.

NCD has published three documents on the topic: Understanding the Role of an International Convention on the Human Rights of People with Disabilities; Understanding the Potential Content and Structure of an International Convention on the Human Rights of People with Disabilities; and A Reference Tool: Understanding the Potential Content and Structure of an International Convention on the Human Rights of People with Disabilities. All three documents were distributed widely at the UN ad hoc committee meeting July 29-August 9 in New York on a comprehensive and integral international convention on the protection and promotion of the rights and dignity of persons with disabilities.

Dr. Andersson noted that Kathleen Blank, who was responsible for the establishment of the International Watch Committee, has resigned. However, NCD is fortunate to have Joelle Balfe to and Joan Durocher to continue the work.

Youth

Dr. Hawkins said that the Youth Advisory Committee would like to have regular communication and learn from the members of NCD.

She said that the committee is in the process of replacing 5 members and will have a total of 10 members. There is a lot of interest in serving; a number of people are on the waiting list.

Dr. Hawkins said that NCD has a history of national leadership and of providing opportunities for youth with disabilities. In addition to the NCD youth committee, the Department of Education sponsors the National Youth Leadership Network, which is funded by several agencies. The objective of the network is to gather information on issues directly from young people with disabilities in order to understand their concerns.

Dr. Hawkins said that NCD's youth committee is charged with providing perspectives directly to NCD from children, youth, and young adults with disabilities. At the committee's July 24 meeting in Washington, D.C., members discussed a resolution similar to the one put forth by the Cultural Diversity Committee.

RECESS

The meeting recessed at 4:58 p.m.

Tuesday, August 20, 2002

Chairperson Lex Frieden reconvened the meeting at 9:00 a.m.

BRIEFING ON ADA WORK GROUP

Mr. Frieden said that former chairperson Marca Bristo was responsible for taking the lead in establishing the work group on the Americans with Disabilities Act (ADA) and that the group has held meetings in Washington, D.C., to review the status of ADA. He said that Mr. Rosen has led much of the technical effort to support this work.

Mr. Rosen gave an overview of the ADA work group meetings that NCD has been conducting. NCD has been facilitating discussions throughout the country on ADA in the aftermath of recent Supreme Court decisions.

He described two cases involving persons who were discriminated against in the workplace. In the first case, the U.S. Court of Appeals tried to apply the Eleventh Amendment, but it was excluded from one of the cases mentioned regarding an employee, and then appealed to a higher court. The circuit court reviewed it and made a decision, said that the Fourteenth Amendment requires the state to pay for damages. The Supreme Court accepted the circuit court's decision and appeal.

Robert Burgdorf drafted an amicus brief on behalf of NCD. Mr. Rosen said that an amicus brief was filed with the court and the state's history of discrimination had been so severe and egregious that they decided to override previous statutes. There had been an in-depth discussion and there was discrimination by states and this history was shown to the courts. There was a variety of discrimination that was shown in different district courts and in different states that they were able to prove that discrimination was egregious and also not permeated, but all over the country.

The stakeholders held an ADA "convention" to collect information on the effects of ADA on people with disabilities so the Supreme Court could review it and make its interpretation. The stakeholders included representatives from various disability organizations: the American Association of People with Disabilities (AAPD), the Disability Rights Education and Defense Fund (DREDF), the Consortium of Citizens with Disabilities (CCD), the National Council on Independent Living (NCIL), the Association of Retarded Citizens (ARC), ADA Watch, the National Association of Protection and Advocacy Systems (NAPAS), and the Bazelon Center for Mental Health Law. The topic of discussion was civil rights and the proper role of the ADA legislation in the Garrett decision. The stakeholders agreed that the Court was limited to Title I of ADA. They were afraid of spillover issues into Title II, which covers the government, because they believed that the Court would treat Title II issues differently.

Wade Henderson of the Leadership Conference on Civil Rights recommended Title II of the ADA that covers the government. He said that there is an appeal in Congress that will provide a remedy that would require all states that receive federal funds to follow ADA. He asked that stakeholders amend the Kimel and Garrett decisions. The group decided to research the legal basis and meet again in two weeks.

The group was very supportive of the role NCD continues to play as a facilitator and coordinator of broad discussion of the Supreme Court decisions and the future of ADA.

Mr. Rosen said that Mr. Burgdorf, NAPAS, and the Bazelon Center examined Section 504, which already covered standards which is required for federal recipients.

Mr. Rosen said that the group discussed the ongoing debate over the definition of disability. For the past 10 years, many courts, including the Supreme Court, have used a strict and limited definition.

He said that some members of the group are concerned about opening ADA to bad amendments and legislation proposed in Congress. One concern is the ADA Notification Act, which requires a court to be provided 90 days' notice of a violation.

Mr. Rosen pointed out that many representatives and senators were not in Congress when ADA was passed in 1990, so there is a need to educate Congress and advocate for legislative proposals.

The stakeholders group discussed the administrative strategies for federal enforcement of ADA put forth in NCD's report Promises to Keep. Mr. Rosen said that the group is also discussing state strategies. Many states do not have appropriate protection for people with disabilities, the situation that prompted the passage of ADA in the first place.

NCD held its third stakeholders meeting. The group heard from members of ADA Watch, a national group of organizations that advocates for enforcement of ADA. The recent congressional effort to protect ADA was discussed, including use of the ADA Notification Act. Representative James Langevin (D-RI) is a survivor and wheelchair user. He has become a leader of this group and is educating small businesses on the issues.

The stakeholders discussed the Sandoval case, in which the state of Alabama required individuals to take a driver's license written in English only. The stakeholders asked NCD to conduct an analysis and develop an educational paper explaining the impact of the Supreme Court decision. Mr. Burgdorf has developed two papers; they are on the NCD Web site.

Mr. Rosen said that Mr. Burgdorf developed a paper entitled The Supreme Court Decisions Interpreting the ADA. The document includes brief summaries of Supreme Court decisions related to ADA through October 2001 and the implications of these decisions. These summaries can be used to increase public awareness of the effect of ADA decisions and to help advocates understand what they have lost and what corrections are required.

Mr. Rosen said that NCD reconvened its ad hoc meeting in February 2002. The group discussed the Williams case. Ella Williams worked for Toyota manufacturing for 10 years; she suffered from carpal tunnel syndrome and tendinitis from using pneumatic tools on the assembly line. NCD filed an amicus brief; however, the Supreme Court rejected it; saying that Ms. Williams was not severely disabled.

The group also discussed the need to cover all Supreme Court decisions and ask for possible legislative language which addresses those particular issues and problems of ADA.

The stakeholders group met in July to discuss the Chevron decision. A man who took a physical exam to qualify for a full-time position and was diagnosed with Hepatitis C. The company withdrew the job offer on the grounds that it would be too dangerous. The man filed a complaint under Title I of ADA, saying that he has a right to decide whether a job is too dangerous. Peter Blanck, an attorney from the University of Iowa, wrote an amicus brief.

Mr. Rosen said that the group decided to set aside questions for the appropriate time to introduce the ADA amendments to take place and to develop a body of evidence to support any legal or legislative revisions.

The stakeholders have decided that one group of attorneys will focus on the legal writings and another group will talk about some sort of cooperative effort to help establish the ADA.

Mr. Rosen said that Representative Steny Hoyer (D-MD) conducted meeting at which NCD suggested proposals that would strengthen ADA and attempt to eliminate definition discrepancies. NCD would prefer to address direct threat issues by eliminating the possibility of employers defending themselves against a person who may be a threat to self or others. NCD has made a list of priorities regarding the Garrett case, with reasonable accommodation as the main focus.

Mr. Rosen said that there has been a concerted effort to involve many different sectors in legislative change to ADA and that the intent was for it to coincide with the ADA anniversary.

In conclusion, Mr. Rosen said we are at an historical crossroads with respect to ADA. Mitch LaPlante, ADA coordinator in Los Angeles, commended NCD for its historical role in proposing the legislation and said that more needs to be done and Congress needs to follow through.

Mr. Rosen said that NCD plans to develop a compendium of policies in response to the various Supreme Court decisions and their impact. NCD will continue its dialogue on ADA to educate policymakers and will continue to coordinate and facilitate group activities, including discussions on the subliminal issues contained in the NCD proposal.

UNFINISHED BUSINESS

Mr. Frieden asked members if they had reviewed pages 17-21 of the 2004 budget proposal and said that Ms. Briggs would summarize the 2003 work plan.

Ms. Briggs reported that there will be two research areas in 2003. The first is Medicaid/Medicare reform and the second is universal design and technology. NCD will continue to focus on implementation, emerging issues, public education, and awareness strategies.

She said that the universal design and technology research will involve an evaluation of the design, production, marketing, and consumption of technology products. The emphasis on Medicaid/Medicare research will be on the rising costs of the programs and dramatic reform proposals that have raised issues of potentially significant impact on people with disabilities. NCD will undertake an evaluation of such proposals, assessing their human and fiscal consequences.

Dr. Gould suggested that council members consider inviting someone from the Center for Medicare Services to brief council members on some of the major undertakings in HCFA. The agency is undergoing major changes in organization, leadership, and direction as it attempts to make changes in Medicare and Medicaid. A number of issues were discussed, including the future of home health care. Dr. Gould suggested that NCD should also consider inviting someone from the General Accounting Office to attend as well, to provide a synopsis of their work.

Council members discussed the projects and issues in the 2004 budget: effective return-to-work strategies for people with disabilities--what works, how, and why; long-term health care; the Olmstead roll-out to community-based services; and report implementation, emerging issues, and public education and awareness strategy. Mr. Frieden said NCD will approve the return-to-work strategies project and the long-term care project.

Motion 4
Ms. McCrimon moved to approve the FY 2004 budget. Passed.

NEW BUSINESS

Dr. O'Day said she has heard from ADAPT and other organizations that are concerned about the possible passage of MiCASA in the current session. The legislation has many sponsors and some support but needs significant movement. She asked whether NCD would consider carrying over funds from the 2002 budget to hold field hearings, and that those funds be designated under Medicare/Medicaid reform. Many council members agreed that NCD should conduct field hearings.

Mr. Frieden asked the council members to e-mail him regarding the committees they would like to serve on. However, he said that there will probably be no action until the remaining six members are confirmed.

The next NCD meeting is scheduled for December 2002, with a date to be determined. Kathleen Martinez suggested December 3, which is the International Day of Disabled People.

Mr. Frieden said that it has been the policy of NCD to make motions and take votes to approve all oral reports. He said that it is his understanding that this is not required under parliamentary rules, but NCD may choose to continue the practice.

ADJOURNMENT

Motion 5
Dr. O'Day moved to adjourn the meeting. Passed.

The meeting adjourned at 11:30 a.m.