Awak(e)Fw;National Association of Councils on Developmental Disabilities

[Guest guest]

FYI

Mike Savory

Awak(e)A_dvocacy

National Association of Councils on Developmental Disabilities

Public Policy Update: December 5, 2003

President Signs Prevention/"Hold Harmless" Legislation

Late Wednesday, the President signed S. 286, the Birth Defects and Developmental Disabilities Prevention Act into law. This bill restores "hold harmless" language to the Developmental Disabilities Act, thereby assuring States and Territories some predictability in their year-to-year funding levels. Congratulations to all who worked so hard over the past 20 months to bring about a positive resolution to this problem!

Appropriations Update

The Conference Report on the Consolidated Appropriations bill for FY 2004 has been posted on the Internet. The good news is that most programs serving people with disabilities are scheduled to receive increases. The not-so-good news is that there is a provision near the end of the report that imposes a 0.59% reduction on all non-defense programs. In the case of Councils, the Conference Committee agreed to the (higher) Senate figure of $73,500,000. However, this figure is subject to the reduction, so the actual amount is $73, 081,262. Still, this represents almost a $2 million increase over the FY 2003 appropriation level.

To view amounts for other programs of interest, please visit:

http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(hr401):

Please remember that all line items in the main part of the bill (except defense and military construction) are subject to the 0.59% reduction discussed above, and that none of this is final yet.

Both the House and the Senate are scheduled to reconvene next week to begin consideration of this Conference Report. Currently, it appears that there is a better chance that it will pass the House than the Senate. This is due to the fact that certain Senators object to the size of the underlying bill, and may block the unanimous consent request necessary to undertake its consideration. If this does occur, the Senate leadership may exercise a parliamentary maneuver to take up the matter. However, they may opt to postpone consideration until Congress returns for its second session at the end of January.

"State of the States" Reports Available for 1977 - 2002

The Institute, headed by Braddock, Ph.D., has published its annual State of the States book, which provides comprehensive statistics on costs and trends in residential services and supports for people with developmental disabilities. This latest publication covers the period from 1977 through 2002. You may review national and individual State data at the following Web location:

http://www.cu.edu/Institute/stateofthestates/index.html

Department of Education to Issue Rule on Testing and Students with Disabilities

The Department of Education is preparing to issue a new rule over the next few days that would exempt students with the most severe disabilities from tests designed to determine whether schools are improving or not. The new rule would reportedly allow school districts to exempt up to one percent of their students with "significant cognitive disabilities" (as yet, undefined) from tests designed to measure the performance of individual schools. Instead, these students would be tested against "standards appropriate for their intellectual development," and these results would be added to the overall school profile.

The Department estimates that this new rule would impact approximately 10% of students currently receiving special education. States could appeal to the Federal government to increase this number.

Update on Federal Legislation of Interest

Here is a brief summary of major Federal legislation of interest to people with developmental disabilities, their families, and communities remaining in this 1st Session of the 108th Congress:

· Appropriations for the Departments of Labor, Health and Human Services and Education for FY 2004 (HR 2660/S 1356)

Status: Passed House, passed Senate. Bill has been folded into a consolidated appropriations bill. Conference Committee Report now available (see above). House and Senate scheduled to consider Conference Report beginning December 8, 2003.

· Birth Defects and Developmental Disabilities Prevention Act of 2003 (S 286)

Status: Passed Senate. Passed House. Signed into law 12/3/03.

· Family Opportunity Act (HR 1811/S 622)

Status: Passed Senate Finance, awaits full Senate action. In House Committee on Energy & Commerce. 63 Senate cosponsors; 90 House cosponsors. Note: Also known as the "Dylan Lee Act."

· Improving Education Results for Children with Disabilities Act (HR 1350/ S 1248) reauthorization of the Individuals with Disabilities Education Act

Status: Passed House. Reported favorably from Senate HELP Committee (with helpful, although far from perfect, amendments). Awaits full Senate action, then conference with House. 14 Senate cosponsors; 19 House cosponsors. Note: Probably will not be finished this Session (or, possibly, next, given the 2004 election scene).

· Lifespan Respite Care Act (HR 1083/S 538)

Status: Passed Senate. Referred to House Committee on Energy and Commerce. 12 Senate cosponsors; 87 House cosponsors.

· Medicaid Community Attendant Services and Supports Act (MiCASSA, HR 2032/S 971)

Status: In Senate Finance Committee. In House Committee on Energy & Commerce. 16 Senate cosponsors; 90 House cosponsors.

· Medicare Homebound Modernization Act of 2003 (HR 1874/ S 598)

Status: In Senate Finance Committee. Referred to House Committees on Energy and Commerce and Ways and Means. 10 Senate cosponsors. 37 House cosponsors. Note: Also known as the " Jayne Act."

· Money Follows the Person Act of 2003 (S 1394)

Status: Referred to Senate Finance Committee. 8 Senate cosponsors. No comparable House bill.

· National Housing Trust Fund Act (HR 1102/S 1411)

Status: Referred to Senate Committee on Banking, Housing, and Urban Affairs. Referred to House Committee on Financial Services. 2 Senate cosponsors; 209 House cosponsors.

· Workforce Reinvestment and Adult Education Act of 2003 (HR 1261/S 1627). (Note: Also reauthorizes the Rehabilitation Act from 2004 to 2009). Passed House. Passed Senate, in an amended form of HR 1261. Reported back to House. 3 Senate cosponsors; 7 House cosponsors.

As always, if you have any questions, please feel free to contact us.

Have a great weekend!

Ed Burke Kelley

epbcddc@... mkelley@...