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The Council for Disability Rights |
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January 2005
More Attention for Disabilities Politics and People By Albert R Hunt Two presidential commissions recently issued reports on people with disabilities. One conveys a message of hope, the other help. President Bush should pay attention to both sets of recommendations — one this week by the President's Committee for People with Intellectual Disabilities and the other earlier in the month by the National Council on Disability. If he really is serious about an ownership society, he should embrace, forcefully, expanded opportunities for the tens of millions of Americans with physical or intellectual disabilities. I read the intellectual disabilities report under delightful duress. Sally Atwater, the executive director, chastised me for months for what she feels are unbalanced criticisms of the Bush (43) record on disabilities. The commission's chairperson, Madeleine Will, has been more diplomatic bit is equally persuasive. "We still are much frozen in time; we have to move our attitudes toward people with intellectual disabilities into the 21st century," says Ms Will. "But we have made great progress and have models that work." The report reflects this. America probably treats people with intellectual disabilities — formerly called mentally retarded — better than almost any other country in the world. Yet we still have a long way to go. Of those with intellectual disabilities, 26% drop out of school, only 15% receive post-secondary education and nine out of 10 are unemployed. Over 700,000 of these citizens live with parents aged 60 or older. The commission offers some common sense analysis and suggestions: "Public assistance in exchange for enforced poverty and the absence of freedom is a bad deal — one that fails all parties to the arrangement. ... A great challenge before our government and society is to will a public safety net that not only permits persons with intellectual disabilities to pursue economic and personal freedom, but also leads them to achieve it in a systematic way. This can only be accomplished in a culture that goes beyond mere toleration to one that warmly welcomes and appreciates persons with intellectual disabilities." The proposals range from lifting the limits of public assistance — children with intellectual disabilities aren't likely to accumulate more than $2,000 of assets if they want to continue receiving support — to making the compelling case that these kids and adults can be integrated into school systems and the workplace. A major emphasis is the need to change public perceptions. Too many people continue to believe those with intellectual disabilities are not capable of dealing with the everyday facets of life; many are. Here the commission calls on the president to play a more active role as "a spokesperson in a national campaign specifically targeted to school-aged children and employers to change negative attitudes toward people with intellectual disabilities." The National Council on Disability, a presidentially-appointed panel that advises the White House and Congress, is calling on the president to back up any words with actions. Specifically they want an "ADA restoration" act to bolster deficiencies in the landmark Americans with Disabilities Act. The ADA was the chief achievement of President Bush's father. It hasn't eliminated the myriad problems, but it has enabled millions of Americans to begin the long march to full participation in society. But the federal courts, especially the Supreme Court, have undercut the ADA with a narrow, often antagonistic, approach. In a series of cases, a split court limited the coverage of the ADA. An example: The Epilepsy Foundation says that in 18 of 26 cases, the courts ruled that a person with epilepsy is not covered by the ADA because they don't have a real disability or it's only episodic or can be addressed with medication. This clearly flies in the face of the intent of congressional authors, one of whom, former Democratic congressman Tony Coelho, is an epileptic. One change the council recommends would prohibit discrimination against anyone "on the basis of disability," instead of the more vague current standard. The problems aren't just the courts. When the cutbacks come or priorities are lowered, the disabled get hit dispropor-tionately. A case in point: After Medicare fraud was discovered in Houston last year, the Centers for Medicare and Medicaid Services, or CMS, issued new guidelines declaring the government only would pay for power wheelchairs for people who couldn't walk at all. Power chairs, for many with disabilities, offer an independence and freedom that transforms their daily lives. But this new policy denied coverage to disabled people, including senior citizens suffering from severe arthritis, multiple sclerosis and cardio-pulmonary afflictions. Many who fall into this category could walk a few steps but are at risk for falling and desperately need the assistance of a power chair. There was an uproar in the disabilities community, [and among] power chair makers and politicians. CMS promised to devise a more rational and fair policy by year end. If the issue was a regulation that adversely affected a big drug company it would have turned around on a dime; with eight days left in 2004, CMS has yet to devise a new policy and claims continue to be rejected. The president needs to use the bully pulpit, as his intellectual disabilities commission said. The public can be educated and good corporate citizens — Microsoft and Marriott, for two — should be praised, while those insensitive to disabilities — like Wal-Mart — should be chastised. Tim Shriver, who runs the Special Olympics, a crown jewel in the fight to value people with disabilities, suggests President Bush ought to expand this bully pulpit to the international sphere: perhaps a United Nations speech to showcase American efforts as a lodestar for the world. Social Security or tax reform and health care are more salient domestic issues for George W Bush. But if he really means what he says about opportunity and ownership giving everyone "a bigger stake in the future of the country," there is no better place to start than those millions of Americans who are intellectually and physically disabled. Source: The Wall Street Journal, 12/23/04. UCP President/CEO on the Reauthorization of IDEA Washington, DC — As he signed the Individuals with Disabilities Improvement Act of 2004 (IDEA) on December 3, President George W. Bush said, "All of us understand we have an obligation to make sure no child is left behind in America." The re-authorized special education law, while not perfect, is true to the President's promise. The law will significantly improve monitoring and enforcement of IDEA, including sanctions against states that violate the law. Other key gains for students and families include alternate assessments, positive behavioral supports, school-to-life transition programs, access to assistive technology, and personnel standards for educators. Though the law weakens the ability of families to challenge schools on the appropriateness of their child's education, IDEA is a shining example of bi-partisanship. Lawmakers worked hard to reach middle ground and United Cerebral Palsy (UCP) commends the Congress for moving beyond partisan politics during this difficult election year. UCP is especially grateful to Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Sen. Judd Gregg (R-NH), Ranking Member Sen. Ted Kennedy (D-MA), House Education and the Workforce Chairman Rep. John Boehner (R-OH), and Ranking Member Rep. George Miller (D-CA). Still, the pledge made by President Bush and Congress to leave no child behind can only be realized if they seek full funding for IDEA. Six million special education students in our nation's public schools, including 10,000 children who participate in United Cerebral Palsy programs every day, deserve no less. About United Cerebral Palsy United Cerebral Palsy is one of the nation's leading organizations serving and advocating for the more than 54 million Americans with disabilities. Most UCP consumers are people with disabilities other than cerebral palsy. Through its nationwide affiliate network, United Cerebral Palsy offers services to individuals, families and communities, such as job training and placement, physical therapy, individual and family support, early intervention, social and recreation programs, community living, state and local referrals, and instruction on how to use technology to perform everyday tasks. For more information, go to the web site or contact Jim Baker at 202/973.711 or by e-mail. Source: Statement of Stephen Bennett, President and CEO of UCP, 12/10/04. Federal school standards criticized By Mike Ramsey & Pete Sherman, Staff Writers Chicago — It's a "moral outrage" that new federal standards for school achievement don't reflect the strides made by special-needs students, the state's top education official said Wednesday while discussing the latest data. Interim State School Superintendent Randy Dunn said federal officials should consider adjusting the No Child Left Behind program to gauge whether special-education students and pupils learning English are making measurable progress, even if they're not collectively meeting the government's benchmarks for testing. Of the 339 school districts in the state that didn't make "adequate yearly progress" requirements last year, 235 were considered sub-par solely because of how they were required to measure outcomes for the challenged students, the Illinois State Board of Education said. "We're seeing this scapegoating effect on these children, and that's where I come to the issue of moral outrage about this," Dunn said at Chicago news conference. "Anything that leads to this impression that, oh, but for the achievement of these kids, we would be meeting the requirements of (the new law), I think, is an indefensible position." Dunn said a dyslexic student whose reading skills jump two grade levels could still be considered a failure under the "arbitrary" standards of No Child Left Behind, which might set three levels as the goal. He didn't offer specific ideas for reform, saying he hopes federal policymakers revisit the program. In the Springfield School District, students with disabilities accounted for two of the three categories that caused the district to fail to make "adequate yearly progress" during the 2003-04 school year. Apart from the three failing categories - the third involved substandard reading scores among black students - the Springfield schools met requirements in the other 27 areas that measure progress as determined by No Child Left Behind. Springfield school officials agree with Dunn that expecting students with disabilities to perform as well as others makes little sense. "Children who have diagnosed disabilities don't grow at the same rate as those who don't have disabilities," said Michele Seelbach, the district's director of school improvement. "But unless a child has severe cognitive delay, they are expected to take the state assessment at grade level." For example, Seelbach said high school juniors with disabilities are required to take the Prairie State Achievement Examination, a rigorous test that also includes the ACT college entrance exam. They are expected to do as well as any other student, meaning that at least 40 percent of them had to meet state standards in reading and in math. The percentage is supposed to bump up to 47.5 percent this year. It's a requirement that many educators consider impossible to meet. "There's no way they can make AYP," Seelbach said. Congress in 2001 approved No Child Left Behind, which obligates schools to meet academic-achievement standards that get tougher each year. Consistently failing schools must offer students the option of transferring to another school, and they face potential penalties. Illinois schools fared better in the 2003-04 school year. The number of schools not making "adequate yearly progress" decreased to 1,086 from 1,237 in 2002-03. The data was released with the State Board of Education's latest "School Report Card," which contains information about each school district's academic performance and student makeup. Mike Ramsey can be reached at 312/857.2323 or by e-mail. Pete Sherman can be reached at 312/788-1539 or by e-mail. Source: The State-Journal Register (Springfield IL), 12/16/04. Three tax incentives to business for reasonable accommodations There are three tax incentives available to help employers offset the cost of accommodations for employees with disabilities and to make their places of business accessible for employees and/or customers with disabilities. Small Business Tax Credit: (IRS Code Section 44, Disabled Access Credit) What is it? Small businesses may take an annual tax credit for making their businesses accessible to persons with disabilities. Who is eligible? Small businesses that in the previous year earned a maximum of $1 million in revenue or had 30 or fewer full-time employees. What is the amount? The credit is 50 percent of expenditures over $250, not to exceed $10,250, for a maximum benefit of $5,000. The credit amount is subtracted from the total tax liability. What expenses are covered? The credit is available every year and can be used for a variety of costs, such as sign language interpreters for employees or customers who have hearing impairments; readers for employees or customers who have visual impairments; the purchase of adaptive equipment or the modification of equipment; the production of print materials in alternate formats (e.g., braille, audio tape, large print); the removal of barriers, in buildings and transportation, that prevent a business from being accessible to, or usable by, individuals with disabilities. Expenses must be paid or incurred to enable a small business to comply with the requirements of the Americans with Disabilities Act. What expenses are not covered? The tax credit does not apply to the costs of new construction, and a building being modified must have been placed in service before November 5, 1990. How can this credit be claimed? Businesses can claim the Disabled Access Credit on IRS Form 8826. Where can I obtain additional information? Office of Associate Counsel, IRS, Passthrough & Special Industries / 202.622.3110 1111 Constitution Avenue, NW Washington, DC 20224 Architectural/Transportation Tax Deduction: (IRS Code Section 190, Barrier Removal) What is it? Businesses may take an annual deduction for expenses incurred to remove physical, structural, and transportation barriers for persons with disabilities at the workplace. Who is eligible? All businesses are eligible. What is the amount? Businesses may take a tax deduction of up to $15,000 a year for expenses incurred to remove barriers for persons with disabilities. Amounts in excess of the $15,000 maximum annual deduction may be depreciated. What expenses are covered? The deduction is available every year. It can be used for a variety of costs to make a facility or public transportation vehicle, owned or leased for use in the business, more accessible to and usable by persons with disabilities. Examples include the cost of: providing accessible parking spaces, ramps, and curb cuts; providing telephones, water fountains, and restrooms which are accessible to persons using wheelchairs; making walkways at least 48 inches wide. What expenses are not covered? The deduction may not be used for expenses incurred for new construction, or for a complete renovation of a facility or public transportation vehicle, or for the normal replacement of depreciable property. May I use the tax credit and tax deduction together? Small businesses may use the credit and deduction together, if the expenses incurred qualify under both Sections 44 and 190. For example, if a business spent $12,000 for access adaptations, it would qualify for a $5,000 tax credit and a $7,000 tax deduction. Are there limits on annual usage? Although both the tax credit and deduction may be used annually, if a business spends more than may be claimed in one year, it cannot carry over those expenses and claim a tax benefit in the next year. How can this credit be deducted? The amount spent is subtracted from the total income of a business to establish its taxable income. In order for expenses to be deductible, accessibility standards established under the Section 190 regulations must be met. Where can I obtain additional information? Office of Associate Counsel IRS Passthrough & Special Industries 1111 Constitution Avenue, NW Washington, DC 20224 202/622.3110 Work Opportunity Tax Credit (WOTC) What is it? The Work Opportunity Tax Credit (WOTC), which replaced the Targeted Jobs Tax Credit (TJTC) program, provides a tax credit for employers who hire certain targeted low-income groups, including vocational rehabilitation referrals, former AFDC recipients, veterans, ex-felons, food stamp recipients, summer youth employees, and SSI recipients. How does it apply to persons with disabilities? Employers who hire SSI recipients or certified vocational rehabilitation (VR) referrals and who meet all of the criteria described below may claim the WOTC. A VR referral is certified by the State Employment Security Agency (SESA) as: having a physical or mental disability resulting in a hindrance to employment, and referred to an employer upon completion of or while receiving rehabilitative services, pursuant to the Vocational Rehabilitation Act of 1973, as amended. What is the amount? An employer may take a tax credit of up to 40 percent of the first $6,000, or up to $2,400, in wages paid during the first 12 months for each new hire. What are the effective dates? January 1, 2002, through December 31, 2005. This program is subject to yearly Congressional renewal. (Reauthorization pending.) What are the Minimum Employment Requirements? Eligible employees must work 180 days or 400 hours; summer youth must work 20 days or 120 hours. A partial credit of 25 percent for certified employees who worked at least 120, but less than 400 hours may be claimed by the employer. What agency provides the WOTC certification? The local State Employment Security Agency (SESA). How do I file for this credit? Complete and submit IRS Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity and Welfare-to-Work Credits, to your local SESA. How does it work? The employer determines likely eligibility by including the WOTC Pre-Screening Notice as part of the application process. On or before the day employment is offered, the Pre-Screening Notice must be signed by the employer and employee and mailed to the SESA within 21 days after the employee begins work. The employer documents eligibility (based on information received from the employee) and submits documentation to the SESA. SESA certifies which individuals are eligible for WOTC, and notifies the employer in writing for purposes of filing the tax credit. Where can I obtain IRS Form 8850? Call 800/829.1040 (voice) or 800/829.4059 TTY or visit the IRS Web site. Where can I obtain additional information? US Dept of Labor, Employment & Training Administration web site or your local SESA. Internal Revenue Service Karin Loverud, Senior Advisor Office of the Division Counsel / Associate Chief Council Tax Exempt and Government Entities 202/622.6080 Source: US Dept of Labor, Office of Disability Employment Policy web site, 12/18/04. Hot News from CCDI Want to Recruit, Train and Retain Better PA's? Do You have Trouble Finding, Training, and Keeping Direct Support Professionals (personal assistants) to Work in Your Home or Workplace? Would You Like to be Part of a Project to Improve Recruitment and Retention of Direct Support Professionals in Illinois? If so, please contact Katie as soon as possible : 312/996.1002 or by e-mail. She will answer any questions you have about the project and walk you through the application process. If you are selected for this project, you will:
About Developmental Disabilities . . . The definition of Developmental Disabilities per Public Law 106-402 (the Developmental Disabilities Assistance and Bill of Rights Act of 2000), Section 102(8) is: A severe chronic disability of an individual that
Coalition of Citizens with Disabilities in Illinois 300 E Monroe, Suite 100 Springfield, IL 62701 (217) 522-7016 (V/TTY) Hard time getting food stamps By Suzanne Hanney After Robert Sullivan of West Chicago lost his job in September and he went to his local IL Dept. of Human Services office to apply for food stamps, it didn't help when an overworked employee said he had three jobs and Sullivan's application was buried. ... Rejected again, Sullivan wrote a four-page letter to Gov. Rod Blagojevich, which in turn yielded a response from Dr Carol Adams, IDHS secretary. He now receives $274 a month in food stamps, also know as the Illinois Link card, for himself and a college-age son at home. (A college student daughter who lives at home and holds a part time job does not qualify.) "But how many people can't write a letter to the governor?" said the college-educated Sullivan, who worked in sales, during a Dec. 1st press conference called by Anti-Hunger Action on the sidewalk outside the IDHS regional office, 401 S Clinton St. Activists are charging that state cutbacks of caseworkers have left some Illinois residents unable to get taxpayer-funded assistance in the form of food stamps — a claim denied by state officials. As Illinois budget-makers look for items to cut in the state, education funding has had a lot of supporters, "but not a lot of people are screaming for the [Dept. of] Human Services. We all tend to think last about people who are hungry," said Diane Doherty, executive director of the Illinois Hunger Coalition. The IHC convened the Anti-Hunger Action, comprised of food-stamp users, food pantries, homeless shelters and community-based organizations. Anti-Hunger Action hosted the press conference on the sidewalk outside IDHS offices at 401 S Clinton St to highlight the need for caseworkers in advance of a meeting between Doherty, Adams, and Blagojevich and reports that 200 caseworker positions would remain unfilled. ... [F]ood stamp funds come not from the beleaguered state budget, but from the US Dept. of Agriculture and "as taxpayers we're outraged that more people are not taking advantage of it," Doherty said. Those who do get Link cards, in turn, rely on already overburdened food pantries. ... Yet, many people are turned away for food stamps or told to come back again and again, press conference participants said. More caseworkers are needed, Doherty said, because of the labor intensity of filing for food stamps. Applicants must verify where they live with a rent, heat or phone bill as well as proof of unemployment compensation or child care subsidies. The latter two could be verified with information swaps within state agencies, "but there is still a staffing issue." Language is a special concern, said Judith Cortes, case manager at Community Alternatives Unlimited in Chicago. ... Latino immigrants must either take their children out of school to interpret for them or hire a person from the community — for as much as $200, Doherty said. Chicago's one million Polish people have a similar language barrier. But only one part-time caseworker speaks Polish. ...One in 4 of new hires have been bilingual, and the language skill has also been prioritized, Adams said. "What the governor is asking us to do is use our most creative solutions to look for ways to tighten our belts and generate revenue, but not do it at the expense of needy people in the state," Adams said. "We know we need front line folks, so we will tighten administration," she added. IDHS spokesperson Stephanie Gadlin said 73 percent of eligible Illinoisans have signed up for food stamps, ninth highest in the nation. Still, "we aren't stopping until we get every eligible family, we aren't stopping until we get the word out." The department has begun an "aggressive outreach in various communities to erase the stigma'" of receiving food stamps. Most low-income households can receive food stamps, with benefits scaled to the income and the number of people in the household, according to the IDHS web site. A one-person household can have income (after rent and utilities) of $1,009 per month, a two-person household $1,354 and a three-person household $1,698. Maximum benefits are $149 for a one-person household, $274 for two persons and $393 for three persons. Applicants can have $2,000 in liquid assets, such as checking or savings accounts, or $3,000 if they are over 60. A home, jewelry, or other personal items do not count. Source: StreetWise, 12/8-14/04. 10 Steps to Help You Fill Your Grocery Bag Through the Food Stamp Program Learn if You or Someone you know Might be Eligible for Food Stamps 1. Use the Internet Tool If you want to find out if you could be eligible, check out the Internet tool. Your local library usually has computers you can use. 2. Call or go to the Local Food Stamp Office. If you think you might be eligible, call or go to the local food stamp office. Look in the blue pages of your phone book under "Social Services" or "Human Services" to find the number. If you need help finding your local food stamp office, call 800/221.5689. 3. Get an Application Form. There are 4 ways to get an application form:
Fill out the food stamp application form as much as you can. If you need help, ask the food stamp worker. You can ask a friend or people who work at places like legal services or food banks to help you fill out the form. 5. Return the Application Form to the Food Stamp Office. Get the application form to the food stamp office as quickly as possible. If you are picking up your application form at a food stamp office, pout your name, street address, and social security number on the form and sign it. Leave that part of the form (usually the first page) at the food stamp office. This starts the process and helps you to get healthy food sooner, if you are eligible. Take the rest of the form with you to fill out later. 6. Make an appointment for an interview. Make an appointment for an interview with a food stamp worker. If you are at a food stamp office, ask the worker to write down what you need to bring to the interview. If you are calling for an appointment, ask the worker what you should bring. Here are examples of some papers that you might need to bring:
Get the papers or find the other information that the food stamp worker needs to finish your application. If you need help getting the papers, ask the food stamp worker, a relative, a friend, or a community representative to help you. 8. Go to the Interview. Go to the interview with the food stamp worker. Bring your papers with you. Ask the food stamp worker to make copies. Keep your original papers. If you need help filling out the application form or getting the information needed to finish your form, ask the food stamp worker. You may bring a friend or community representative to help you understand how to complete the process. If you can't go to the food stamp office for the interview, ask for a phone interview. Or you can okay a friend or relative to go in your place. 9. If you are Approved, go Grocery Shopping. If you are approved for food stamps, happy shopping! Add lots of fruits, vegetables, whole grain foods and other good foods to your shopping cart. Ask your local food stamp office where you can learn more about smart, economical eating and physical activity for better health. Nutrition education may be available to you as a food stamp participant. 10. If you are not Approved, Ask Why. Call or visit the food stamp office to ask why you were not approved. You may ask to speak with the food stamp worker's boss. If you think there is a mistake, you may ask for a "fair hearing." This means that a State person will meet with you and the food stamp office to discuss your application. Fair hearings do not cost you any money. Source: Adapted from the USDA. Source: StreetWise,12/8-14/04. Transit Agency votes to Raise Rail & Bus Fares in 2005 By Sewell Chan The Metropolitan Transportation Authority approved a plan for fare increases and service changes yesterday that will raise the price of a monthly fare card by $6 to $76 early next year, increase suburban rail fares an average of 5 percent and close 164 station booths throughout the subway system. The vote, coming just 19 months after the last fare increase, is expected to raise $234 million next year, but board members glumly conceded that their action would not solve the authority's grave fiscal problems, which include rising debt service, looming operation deficits and a five-year, $17 billion capital plan that no one has agreed to pay for. The changes will start to take effect in early March. Without debate or comment, the authority's board voted to raise the price of a 30-day MetroCard from $70, a 9 percent increase, and that of a weekly card to $24 from $21, a 14 percent increase. The base fare for single rides on subways and local buses, which rose to $2 from $1.50 last year, is unchanged, and riders will still be able to buy six rides for $10, which will be the most economical purchase for a commuter who uses the transit system just 10 times a week. Fares on interborough express buses were raised to $5 from $4, a 25 percent increase. Fares on the Long Island Rail Road and Metro-North Railroad were raised up to 15 percent, but commuters will see a 5 percent increase on average. Tolls on the agency's bridges and tunnels were increased by 25 or 50 cents. The vote, at the end of the subway system's centennial year, could begin a new era of fare increases that are both more frequent and more incremental. From the subway's inception in 1904, the fare was tied to the price of a token, which was gradually replaced by the MetroCard starting in 1994. One result of that change has been a far more complex fare structure, with unlimited-use fare cards good for one, 7 and 30 days and discounts on regular-card purchases of $10 or more. The authority's chairman, Peter S Kalikow, said he anticipated future increases every four years beginning in 2007, with "minor adjustments" in selected fares and tolls every two years. The authority's average revenue for each subway or local bus ride, officials said, will rise only to $1.33 from $1.27 — still lower than the average fare of $1.38 in 1996, before use of the MetroCard became prevalent. ... A rider advocate and former board member, Beverly Dolinsky, told the board members that their actions were inadequate and misguided. ... She called for a restoration of state and city transit subsidies that have been sharply reduced over the last decade. "The governor and mayor know very well that operating this system with inadequate state and local support in the past has put the MTA in its current financial straits," she said. Source: The New York Times, 12/17/04. Note: New York's transit system appears to have similar if not identical issues and dynamics as Chicago's system. No information was given on its paratransit fares. Riders must complain to city and state and federal legislators, not the transit boards. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
