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Summary of
Status of Federal Legislation
from the
National Association of Councils on Developmental Disabilities (NACDD),
Public Policy Update, October 24, 2003
For more articles like this
visit
https://www.bridges4kids.org.
Senate Passes
Resolution Recognizing Importance of Direct Support
Professionals
This week the Senate approved a Concurrent Resolution, ``Direct
Support Professional Recognition Resolution,'' (S. Con. Res. 21)
expressing the sense of the Congress that community inclusion
and enhanced lives for individuals with mental retardation or
other developmental disabilities is at serious risk because of
the crisis in recruiting and retaining direct support
professionals, which impedes the availability of a stable,
quality direct support workforce.
The Preamble and Resolution read as follows:
Whereas there are more than 8,000,000 Americans who have mental
retardation or other developmental disabilities, including
mental retardation, autism, cerebral palsy, Down syndrome,
epilepsy, and other related conditions;
Whereas individuals with mental retardation or other
developmental disabilities have substantial limitations on their
functional capacities, including limitations in two or more of
the areas of self-care, receptive and expressive language,
learning, mobility, self-direction, independent living, and
economic self-sufficiency, as well as the continuous need for
individually planned and coordinated services;
Whereas for the past two decades individuals with mental
retardation or other developmental disabilities and their
families have increasingly expressed their desire to live and
work in their communities, joining the mainstream of American
life;
Whereas the Supreme Court, in its Olmstead decision, affirmed
the right of individuals with mental retardation or other
developmental disabilities to receive community-based services
as an alternative to institutional care;
Whereas the demand for community supports and services is
rapidly growing, as States comply with the Olmstead decision and
continue to move more individuals from institutions into the
community;
Whereas the demand will also continue to grow as family
caregivers age, individuals with mental retardation or other
developmental disabilities live longer, waiting lists grow, and
services expand;
Whereas outside of families, private providers that employ
direct support professionals deliver the majority of supports
and services for individuals with mental retardation or other
developmental disabilities in the community;
Whereas direct support professionals provide a wide range of
supportive services to individuals with mental retardation or
other developmental disabilities on a day-to-day basis,
including habilitation, health needs, personal care and hygiene,
employment, transportation, recreation, and housekeeping and
other home management-related supports and services so that
these individuals can live and work in their communities;
Whereas direct support professionals generally assist
individuals with mental retardation or other developmental
disabilities to lead a self-directed family, community, and
social life;
Whereas private providers and the individuals for whom they
provide supports and services are in jeopardy as a result of the
growing crisis in recruiting and retaining a direct support
workforce;
Whereas providers of supports and services to individuals with
mental retardation or other developmental disabilities typically
draw from a labor market that competes with other entry-level
jobs that provide less physically and emotionally demanding
work, and higher pay and other benefits, and therefore these
direct support jobs are not currently competitive in today's
labor market;
Whereas annual turnover rates of direct support workers range
from 40 to 75 percent;
Whereas high rates of employee vacancies and turnover threaten
the ability of providers to achieve their core mission, which is
the provision of safe and high-quality supports to individuals
with mental retardation or other developmental disabilities;
Whereas direct support staff turnover is emotionally difficult
for the individuals being served;
Whereas many parents are becoming increasingly afraid that there
will be no one available to take care of their sons and
daughters with mental retardation or other developmental
disabilities who are living in the community; and
Whereas this workforce shortage is the most significant barrier
to implementing the Olmstead decision and undermines the
expansion of community integration as called for by President
Bush's New Freedom Initiative, placing the community support
infrastructure at risk: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring),
It is the sense of the Congress that the Federal Government and
the States should make it a priority to promote a stable,
quality direct support workforce for individuals with mental
retardation or other developmental disabilities that advances
our Nation's commitment to community integration for such
individuals and to personal security for them and their
families.
Website for the National Technical Assistance Center for
Latinos with Disabilities
This week the website for Proyecto Visión, the National
Technical Assistance Center for Latinos with Disabilities, was
re-launched. The comprehensive website includes
new functions, expanded information and has been redesigned to
be more accessible to people with visual impairments.
Two new functions were added to the website's homepage. Readers
can subscribe to receive the electronic Proyecto Visión
newsletter by entering their email address. Visitors to the site
can also sign up to participate in online discussions about
issues affecting Latinos with disabilities on the Proyecto
Visión listserv. A substantial amount of information and
resources were also added to the re-launched website.
An English language url was purchased to facilitate access to
the website for non-Spanish speaking people.
The website was developed as one of the main components of
Proyecto Visión, administered through the World Institute on
Disability, based in Oakland, CA, funded by the Rehabilitation
Services Administration. Other project activities include a
bilingual toll-free hotline [(866) 367-5361] and training and
conferences concerning Latinos with disabilities and employment.
Proyecto Visión has partners located around the country
including Access Living in Chicago, IL, the Central Coast Center
for Independent Living in Salinas, CA, the Harlem Independent
Living Center in Harlem, NY and Rehabilitation International in
New York, NY.
Contact Project Director Kathy Martinez for additional details
at (510) 251-4326 or
kathy@wid.org; or Project Manager Robin Savinar at (510)
251-4325 or robin@wid.org.
New CD on Facilitating Competitive Employment for Individuals
with Disabilities
The Virginia Commonwealth University Rehabilitation Research and
Training Center on Workplace Supports has announced a new
training CD. It includes six 30- minute video presentations and
additional resources on the following topics:
· Self Employment for Individuals with Disabilities - Cary
Griffin
· Social Security and the Ticket to Work - Ken McGill
· The Future Impact of Technology on Employment for People with
Disabilities - Lex Frieden
· Self-Determination: The Most Natural Support - Michael
Wehmeyer
· Supporting a Person with Difficult Behaviors - Supporting the
People Who Care - David Pitonyak
· Telecommuting and People with Disabilities - Debra Ruh
To find out more or to order the CD please visit:
or contact Roberta Martin:
rsmartin@vcu.edu, 804-828-1851.
Update on 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. Conference Committee still
pending.
· Birth Defects and Developmental Disabilities Prevention Act of
2003 (HR 398/S 286)
Status: Awaiting action by full House and full Senate. 5 Senate
cosponsors; 3 House cosponsors.
Note: Bill restores "hold harmless" language for Councils on
Developmental Disabilities; intensive efforts to push for a
floor vote in the Senate and House continue.
· Family Opportunity Act (S 622/HR 1811)
Status: Passed Senate Finance, awaits full Senate action. In
House Committee on Energy & Commerce. 63 Senate cosponsors; 85
House cosponsors.
Note: Also known as the "Dylan Lee James 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. Awaits full Senate action, then conference. 13 Senate
cosponsors; 19 House cosponsors.
· Lifespan Respite Care Act (HR 1083/S 538)
Status: Passed Senate. Referred to House Committee on Energy and
Commerce. 12 Senate cosponsors; 83 House cosponsors.
· Medicaid Community Attendant Services and Supports Act (MiCASSA,
S. 971/H.R. 2032)
Status: In Senate Finance Committee. In House Committee on
Energy & Commerce. 14 Senate cosponsors; 85 House cosponsors.
· Medicare Homebound Modernization Act of 2003 (S 598/H.R. 1874)
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 "David Jayne Act."
· Money Follows the Person Act of 2003 (S 1394)
Status: Referred to Senate Finance Committee. 7 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. 1 Senate cosponsor; 206 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 HELP Committee.
Awaits action by full Senate. 3 Senate cosponsors; 7 House
cosponsors.
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