National Council on Disability
Quarterly Meeting
July 25-27, 2005
The Ritz Carlton Pentagon City
Arlington, Virginia

Members
Present
Lex Frieden, Chairperson
Pat Pound, First Vice Chairperson
Glenn Anderson, Ph.D., Second Vice Chairperson
Milton Aponte, J.D.
Robert R. Davila, Ph.D.
Joel I. Kahn, Ph.D.
Young Woo Kang, Ph.D.
Kathleen Martinez
Carol Novak
Anne M. Rader
Marco Rodriguez
David Wenzel
Linda Wetters

Absent
Graham Hill
Barbara Gillcrist

Staff
Present
Ethel D. Briggs, Executive Director
Jeff T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Martin S. Gould, Ed. D., Senior Research Specialist
Julie Carroll, Senior Attorney Adviser
Joan Durocher, Senior Attorney Adviser
Gerrie Hawkins, Ph. D., Senior Program Analyst
Allan Holland, Chief Financial Officer
Mark Seifarth, Congressional Liaison
Brenda Bratton, Executive Secretary
Stacey S. Brown, Staff Assistant

Guests
Beth Bader, Ph.D., Virginia Commonwealth University
Kathy Brill, Parent, Pennsylvania
Dipted Saamad, Graduate Student, University of Illinois

Monday, July 25, 2005

CALL TO ORDER
Chairperson Lex Frieden called the meeting to order at 9:15 a.m.

ACCEPTANCE OF THE AGENDA
Motion 1
Ms. Pound moved to accept the agenda as presented. Passed.

INTRODUCTIONS/PUBLIC COMMENTS
Mr. Frieden asked Council members and staff to introduce themselves for the benefit of the guests.

APPROVAL OF THE MINUTES
Motion 2
Ms. Wetters moved to accept the minutes of the May 2005 quarterly meeting in Washington, D.C. Passed.

CHAIRPERSON=S REPORT
Mr. Frieden submitted a brief overview of the logistics of the ADA 15th anniversary observance, the gala that will be held at the Kennedy Center, and the overall plans for Tuesday=s ADA Forum at the Marriott Metro Center.

Mr. Frieden said that a tremendous amount of hard work has gone into preparing for this momentous occasion. He commended the NCD staff, with special thanks to Mark Quigley and Ethel Briggs. He said that Council members also have been very busy preparing for this meeting, and everyone will be playing a role in the events over the next two days.

Mr. Frieden said that the Council has received outstanding press in response to its transportation report, The Current State of Transportation for People with Disabilities. He said that he had the opportunity to speak at the Department of Transportation in celebration of the ADA anniversary. He met Secretary Norman Mineta and discussed various transportation issues that affect people with disabilities.

Mr. Frieden said he met with the deputy secretary responsible for affirmative action, who wants to hire people with disabilities and is willing to make the necessary accommodations to ensure their jobs.

Mr. Frieden said that he had the honor of introducing Dorcas Hardy, chairperson of the Policy Committee for the White House Conference on Aging, at the recent mini-conference on Disability and Aging. Milton Aponte and Jeff Rosen were in attendance. Dr. Hardy has invited Council members to participate in the White House Conference on Aging, to be held in mid-December.

Mr. Frieden said that former President George H. W. Bush has graciously offered to host a photo reception with Council members and their spouses at the Kennedy Center ADA anniversary observance.

Mr. Quigley gave the Council an overview of the ADA activities planned for the Kennedy Center and the roles that will be played by staff and Council members.

EXECUTIVE COMMITTEE REPORT
Pat Pound reported that the Executive Committee met to plan for this Council meeting and the ADA 15th anniversary observance. In addition, several reports were discussed, adopted, and/or approved so they could move forward. She said that Council members will receive further details concerning the reports in the policy and team reports.

EXECUTIVE DIRECTOR=S REPORT
Work Plan
Ms. Briggs said that the work plan is included in Council members’ meeting notebooks. She said that staff have been preparing for the Council meeting and for the ADA anniversary events. She said the next Council meeting has been scheduled for October 5–6 in San Francisco. The meeting will focus on livable communities, with guest speakers from San Mateo, which is one of the areas included in the livable communities report.

Ms. Briggs said that consideration is being given to scheduling the next two Council meetings in Washington, D.C. The winter meeting would be held in late January and the spring meeting in March or April.

Policy Update
Mr. Rosen said that the Council has been considering the following reports:

• Long-term services and supports
• Social Security
• Supreme Court papers
• IDEA

He said that the Council has been very successful and quite productive over the year. He acknowledged everyone for their collaborative efforts. He said that the agency is very strong and has accomplished a great deal.

Mark Seifarth thanked Linda Wetters and Mr. Rosen for their attendance at meetings in various congressional offices, and at the Department of Labor and the Department of Education, where they discussed current and upcoming Council reports. Mr. Seifarth added that Council staff have offered to brief cabinet secretaries when the reports are released.

Mr. Seifarth said that the Council has had very good interaction with the House Committee on Administration, which will be conducting a hearing on accessibility and emergency preparedness at the Capitol on July 28. The hearing will focus on what has been accomplished to date and areas that need to be addressed.

He said that the Council=s appropriation has passed the Senate committee but not the full Senate.

FINANCE COMMITTEE REPORT

FY 2007 Budget Request
David Wenzel said that the Council=s FY 2007 budget request is for $3.36 million, which will allow the Council to conduct more research and release more reports on various issues.

Mr. Rosen identified the following three priority policy areas for the increase:

• State of Health Care for Americans with Disabilities
• Asset Development and Americans with Disabilities
• Vocational Rehabilitation Act: Outcomes and Effects

He gave a brief description of each of the priority areas.

Allan Holland said that Council member travel for FY 2007 has been increased and that the Finance Committee will be trying to raise all areas of fixed costs. Ms. Wetters asked if funds were included for staff promotions. Ms. Briggs responded that funds had not been included for promotions. Mr. Holland said that funds were included for yearly cost-of-living increases and for step increases for staff. He added that promotions need to be planned.

Mr. Holland said that the Council=s budget is 60/40; that is, 60 percent of the budget is designated to the NCD mission, and 40 percent is designated to administrative areas.

Motion 3
Mr. Wenzel moved to approve the FY 2007 budget request as presented. Passed.

TEAM REPORTS

Employment
Ms. Wetters reported that the Employment Team has been very busy over the course of the year. She listed three areas that are the team's primary focus:

• Overview of the Social Security study, including a final draft report.
• Award of second employment study, looking at improving employment of people with disabilities.
• Visits to key Hill staffers and agency representatives to discuss the employment and social security projects.

Ms. Wetters said that the team has enjoyed working with Virginia Commonwealth University, which had a very clear understanding of what the Council wanted from the report. She said that the study incorporated the expertise of key stakeholders, including consumers, service providers, employers, government, academia, and community organizations.

Beth Bader of Virginia Commonwealth University reported on the major findings of the report.

Joan Durocher said that Representative Major Owens (D-NY) has expressed interest, through the Bipartisan Disability Caucus, in being involved in the release of the Social Security report.

Motion 4
Ms. Wetters moved to accept the Employment Team Report as presented. Passed.

Ms. Wetters said that the 2005 employment study has been awarded to Rutgers University. She invited Council members to sit in on teleconferences regarding this issue. If they are interested in doing so, they should contact Ms. Durocher.

Ms. Wetters said that the team is developing a business advisory council and an expert advisory panel for the 2005 employment study. She said that the Council has authorized the business advisory council to continue after the project ends. She said that the team will ensure that at least half of the business advisory council be people with disabilities and all of them represent businesses.

Ms. Wetters said that she, Mr. Rosen, and Mr. Seifarth visited various agencies to tell them about the reports that would be soon released. She said they met with the interim director of the Department of Education’s Rehabilitation Services Administration (RSA); with officials at the Department of Labor’s Office of Disability and Employment Policy (ODEP); and with Emily DeRocco, assistant secretary of the Employment Training Administration (ETA), regarding leadership and collaboration among federal agencies.

ADA
Robert Davila said that the team has been meeting monthly to monitor the progress of the ADA impact study and to review the final proposals for the upcoming ADA implementation study. Dr. Davila said that the ADA impact study should be completed by August 15, with only a few loose ends. He said that Lockheed Martin has submitted a partial report, which will be sent to a peer review panel and other experts for review.

Dr. Davila said that Mr. Rosen will speak with Lockheed Martin about how the Council can be assured that every part of the project has been completed.

He said that the team reviewed the three final proposals for the ADA implementation study and recommended unanimously that the award be given to the Disability Rights Education and Defense Fund (DREDF).

Dr. Davila said that earlier this month the Executive Committee voted to write a position paper on the ADA and prisoners. The Supreme Court is planning to review an ADA case related to Title II of the Americans with Disabilities Act and prisoners.

Financial Incentives
Marco Rodriguez said that the financial incentives study has been awarded to the National Cooperative Bank Development Corporation’s National Disability Institute (NCBDC) for $175,000. The study will begin September 1, 2005, and be completed by September 2006.

Progress Report
Glenn Anderson reported that the progress report is completed and is ready for printing. He added that an RFP in the amount of $35,000 for the next progress report is planned for fall 2005.

Motion 5
Dr. Anderson moved to approve the 2004 Progress Report. Passed.

Health Care
Carol Novak extended her appreciation to Council members for their comments on the long-term services and supports report. She said that the contractors have done a great job. Ms. Novak added that she was very pleased with the content, structure, and recommendations.

Motion 6
Ms. Novak moved to accept the Long-Term Services and Support Report. Passed.

RECESS
The meeting recessed at 11:30 a.m.

Tuesday, July 26, 2005

Members and staff attended the ADA seminar at the Marriott Metro Center as well as other ADA events, such as the Wilderness Accessibility Interagency MOU signing ceremony and the American Association of People with Disabilities ADA anniversary celebration and reception.

Wednesday, July 27, 2005

Mr. Frieden reconvened the Council meeting at 9:20 a.m. He thanked Council members and staff for their participation, important contributions, and hard work on the ADA gala and seminar held Monday evening and Tuesday.

Mr. Frieden noted that Council members not only made monetary contributions but participated in and lead various aspects of the program.

He said that President Bush invited him to the White House along with the chairs of the Access Board and the President=s Committee for People with Intellectual Disabilities, and Milton Aponte, Berthy Aponte, and their daughter, who represented the Ticket-to-Work Advisory Panel.

Mr. Frieden said that the ADA seminar was will attended, and everyone seemed to be impressed with the quality of the program and the information shared.

Mr. Frieden suggested that Council members conduct a retreat/focus meeting in a semi-remote location which will minimize distractions. Council members submitted various suggestions for discussion topics and possible locations for such a retreat.

Mr. Frieden said that the Council will meet either in December 2005 or January 2006. He said that a December meeting could possibly be held in conjunction with the White House Conference on Aging (WHCoA). He said that if the Council is unable to meet with the WHCoA, he will try to ensure that the long-term services and supports report and the livable communities report are included in the background materials for the conference, and will look for other opportunities for NCD to advise the White House Conference on Aging.

Mr. Frieden said that if the winter meeting is not held in conjunction with the WHCoA, it will be held in January. This meeting will allow the Council to plan and refocus.

It was the consensus of the Council members that if the winter meeting is not held in conjunction with the White House Conference on Aging, it should be held in a warm location rather than in Washington, D.C.

Personnel Committee
Mr. Aponte said that the committee met to discuss putting together a package for the executive director’s position, including a position description. He said that the package will be submitted to the Council at the winter meeting. It will include the functions and duties of the position as well as a recruitment plan. He said that the committee needs the Council=s input to ensure that the final product reflects the group’s consensus. He added that the committee also will solicit input from the staff. The committee has reviewed issues that affect the ability of the staff to work and perform as a team.

ADVISORY COMMITTEE REPORTS

Cultural Diversity (CDAC)
Mr. Aponte said that the committee is very vibrant and has been working in accordance with the policy team FY 2005 goals. He encouraged Council members to visit the NCD website and
read the materials. This will give everyone an in-depth understanding and knowledge of the work that is being done and the interrelationship between disability and civil rights.

Mr. Aponte said that members of the committee are reviewing various studies that have been done, as well as expert findings and the results of focus groups.

Gerrie Hawkins said that the Council=s role before, during, and after the Civil Rights Forum has been that of a catalyst and connector. Individuals continue to turn to the Council for advice. She said that the Council has developed relationships through the years with people from diverse cultures and the civil rights community.

Dr. Hawkins said that some of the information on the Council=s website can also be obtained from the American Association of People with Disabilities (AAPD) website (www.aapd-dc.org), because of the many joint activities.

Dr. Hawkins thanked the staff members who have contacted CDAC members for future work, which is a goal of the committee. She also thanked staff for including issues and concerns of people from diverse cultures in all areas of the Council’s work (financial incentives, employment and social security studies, ADA implementation, etc.) and not viewing these issues and concerns as something separate.

Mr. Rosen said that the work of the CDAC and NCD sometimes has unexpected effects. For example, information from the CDI toolkit was used on the Department of Homeland Security (DHS) website for emergency preparedness.

Mr. Rosen said that with respect to the Civil Rights Forum follow-up, there are three areas of focus:

• employment
• education
• civil rights

Youth Advisory (YAC)
Mr. Rodriguez said that the committee is looking to recruit individuals between the ages of 16 and 26 years. He asked Council members to make recommendations of youth to serve on the YAC.

Mr. Rodriguez said that Betsy Valnes, last year=s YAC vice chair, has been selected as the executive director of the Youth Leadership Network. He noted that the YAC is a good training ground for our youth.

Mr. Rodriguez said that several members of the committee have arranged meetings with members of Congress and their staffs to speak about their transition from school to the workplace. Mr. Rodriguez thanked Julie Carroll and Mr. Seifarth for supporting and guiding the youth in their Capitol Hill visits.

Dr. Hawkins thanked Ms. Carroll for speaking to the youth at one of their meetings and raising their awareness regarding Supreme Court cases and decisions.

International Watch
Kathleen Martinez reported that the committee has been preparing for the 6th Annual Ad Hoc Committee Meeting for the Protection and Promotion of Human Rights for People with Disabilities. The meeting is scheduled for August 1–12, 2005, at the United Nations in New York City to continue deliberations on the convention for the human rights of people with disabilities.

Ms. Martinez said that the Bush administration is not officially supporting the convention but is providing technical assistance in many ways. NCD is also providing technical assistance through the development of several topic papers. The topics, which will be discussed during the ad hoc committee meeting, are as follows:

• Health care
• Employment
• Electronic and information technology
• Political participation
• Independent living
• Education

Ms. Martinez said that the papers are intended to provide an overview for delegates of various countries of the U.S. experience in these areas. The Council is also co-sponsoring a side event with Mental Disability Rights International: “Experiences from the U.S. and Inter-American System of Human Rights.” This event will be held at the UN; the Council will release the topic papers to delegates during the event. The delegates from other countries will be able to use the papers during the two-week meeting.

Ms. Martinez said that Council staff continue to advise the staff of Representative Tom Lantos (D-CA) on the House concurrent resolution that expresses the sense of Congress that the United States should support the drafting of the UN Convention. The resolution has been inserted into the Foreign Relations Authorization Act, which has been reported out of committee and will go to the House floor in late July.

Mr. Martinez said that the committee has been working with the Department of State, which has established an advisory committee on disability. Staff and Mr. Frieden have been providing information to State for discussion until the advisory committee schedules its first formal meeting.

Ms. Martinez thanked Ms. Durocher, Mr. Frieden, and Mr. Rosen for their very hard work in developing the topic papers.

PUBLIC COMMENTS

Kathy Brill said that she was thrilled to be a part of the 15th ADA anniversary observance, especially the event held at the Kennedy Center.

Ms. Brill said that she agrees that it is very important that the Council conduct its meetings nationwide, as this is how the Council gets input from around the country on the various issues.

She suggested that the Council invite advocacy, civil, and disability rights groups to its quarterly meetings and make public comment time a regular part of the Council=s agenda. Ms. Brill said she could not understand why more representatives from organizations did not attend the NCD quarterly meetings to offer comments.

UNFINISHED BUSINESS
Dr. Davila inquired about the purpose of the financial incentives study. Mr. Rodriguez gave an overview of the scope of work for the study.

NEW BUSINESS

IDEA Supreme Court Position Paper
Ms. Pound said that the Executive Committee voted to fund and move forward with the paper about the pending Supreme Court decision related to who has the burden of proof in IDEA cases. She said that the administration (the Departments of Justice and Education) has taken an opposite position than that of the Council.

Martin Gould reported that the Supreme Court has agreed to hear Schaffer v. Weast, a case that originated in Maryland and that deals very narrowly with the burden of proof and where it lies. He said that IDEA and its regulations have not specified this. Over the course of its history, as the states have implemented the law, whenever there has been a dispute or when the parties have complained or filed a lawsuit that is IDEA-related and that questions who has the burden of proof, administrative judges and courts have chosen sides. Some have said that parents have the burden of proof, while others say that the school systems have the burden.

Dr. Gould said that there has been great confusion as cases and complaints have gone from lower levels of the court to higher levels.

Motion 7
Ms. Pound moved to accept the Council=s position statement on IDEA regarding burden of proof. Passed.

ANNOUNCEMENTS
Anne Rader announced that she will be working with the strategic communication teams at Booz, Allen & Hamilton.

Motion 8
Mr. Aponte moved to adjourn the Council meeting. Passed.

ADJOURNMENT
The meeting adjourned at 11:20 a.m.