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DRNJ submitted comments opposing proposed changes to eligibility for General Assistance through Work First New Jersey. Click here to access a copy.

CIL Public Hearings

Due to the impending closure of one of the Centers for Independent Living, the State Plan for Independent Living must be amended to address the issue of how Rehabilitation Services Administration should re-allocate that center’s funding beginning next Fiscal Year.
With any SPIL change, Public Hearings must be held to obtain feedback from consumers and other interested parties. This feedback is considered by the SILC, the State Designated Units (DVRS & CBVI) and RSA in formulating a final plan.

NJSILC is asking you to help ‘get the word out’ about the Hearings by posting the announcement, perhaps even distributing it, so your consumers become aware of the change and can voice their opinion. Those unable to attend may contribute via email, phone or Facebook. Click here to access the announcement.

DRNJ Testifies Before Task Force

On April 2, 2012, Joe Young, Executive Director for DRNJ, testified before the Task Force on the Closure of State Developmental Centers. Click link to access a copy of the Vineland Closure Testimony.

Report Finds Government Dollars Used to Segregate and Exploit Workers with Disabilities

In a report released, the National Disability Rights Network (NDRN) outlined how federal funding is being used to shuttle people with disabilities into sheltered workshops and deprive them of meaningful employment opportunities.

The report, Beyond Segregated and Exploited is a follow up to a report released last year that examined the issue of segregating working people with disabilities in sheltered workshops and the use of the subminimum wage to exploit their disability for the financial gain of employers. The new report is an update on progress to end those practices and move toward a system that encourages integrated employment options that pay competitive wages.

This report also provides additional insight into the complex and confusing system that pumps millions of dollars into sheltered work despite good national public policy meant to encourage integration and competitive employment. The report follows money designated to be spent on integrated employment as it winds its way from the Centers for Medicare and Medicaid Services (CMS) and the Rehabilitation Services Administration (RSA) to the states, state agencies, and finally into sheltered workshops.

The report calls for:

• Ending segregated employment and the subminimum wage by restricting all federal and state money that is spent on employers who segregate employees with disabilities from the general workforce.
• Strengthening current and create new tax incentives for employers to hire people with disabilities in integrated workplaces at comparable wages.
• Increasing labor protections and enforcement of existing law.

The report can be found at http://www.ndrn.org/images/Documents/Resources/Publications/Reports/Beyond_Segregated_and_Exploited.pdf

State Conference Focused on Laws Affecting People with Disabilities

Two top officials from the Department of Human Services led a workshop last month on the integration of behavioral services into a managed care system during a statewide conference on the law and disability issues. Division of Mental Health and Addiction Services Assistant Commissioner Lynn Kovich and Deputy Director Raquel Jeffers guided a panel discussion, "Managed Behavioral Healthcare," as part of the New Jersey State Bar Foundation and Community Law Project's annual "Law and Disability Issues."

More than 300 lawyers, advocates and providers involved in mental health and substance abuse services participated in the DHS-run workshop, as well as one updating attendees on the American with Disabilities Act (ADA). In their workshop, Kovich and Jeffers focused on transitioning behavioral health care into managed care, explaining fee structure changes that will be phased in and assuring participants that access to care will be maintained and that service administrators will not profit from denying care. John Monahan, President and CEO of Greater Trenton Behavioral HealthCare also led the panel, which was moderated by mental health policy consultant Dennis Lafer.

The ADA workshop was led by Community Law Project Managing Attorney Steven Leder and included law project attorney Stuart Weiner and Cherry Hill attorney Richard Yaskin. Keynote speeches about providing an overview of the Affordable Care Act, health reform implantation and Accountable Care Organizations were presented by Rutgers University Center for State Health Policy Director Joel Cantor and Sarah Barth from the Center for Health Care Strategies.

DHS Releases Quick Guide as Part of Disabilities Awareness Month

In recognition of Developmental Disabilities Awareness Month, Department of Human Services (DHS) Commissioner Jennifer Velez released a “Quick Guide” to educate the public and media on appropriate terminology to use when referring to individuals with intellectual or developmental disabilities. The guide reinforces the spirit of legislation signed in 2010 by Governor Chris Christie that removes disrespectful language referring to individuals with intellectual or developmental disabilities from New Jersey statutes and regulations.

“Words matter,” said Commissioner Velez. “The use of outdated, derogatory terms is insulting and hurtful to individuals with disabilities and the people who love them. We’re hopeful this guide provides phrase alternatives that become instilled in the vernacular so we can eliminate the stigma of archaic vocabulary.” The Commissioner noted that despite sophisticated, nationwide public relations campaigns by a host of service organizations promoting People First language or denouncing the ‘R’ word, the message has not resonated, as it should. “This is not about being ‘politically correct’,” said the Commissioner. “It’s about respect. Our characteristics do not and should not ever define us.”

http://www.state.nj.us/humanservices/news/publications/PeopleFirstFlyer.pdf

NSCLC Launches New Website about Dual Eligible Demonstrations

The National Senior Citizens Law Center has launched a new website to provide aging and disability advocates the information and tools they need to ensure that models for delivering health and long term services and supports to dual eligibles (people with both Medicare and Medicaid) include strong consumer protections.

The Centers for Medicare and Medicaid Services (CMS), as part of an initiative authorized by the Affordable Care Act, is currently working with states to design and implement new models for integrating the benefits and financing of both programs. As states build these new models, NSCLC believes that advocates for dual eligibles must be involved in this process.

The site will evolve over time with new postings and updates added weekly. Key features include:
• Advocate tools which provide specific recommendations on important topics like enrollment, appeals, financing and consumer protections.
• State profiles that describe the current status of demonstration proposals.
• A front page map that tells the user at a glance how many dual eligibles there are in each state and what type of care model is under consideration.
• A custom search engine that directs users to the most relevant information on the web.
• Federal guidance related to the dual eligible demonstrations.
• Recommended reading for advocates that are newer to the issue.
In addition, the site allows users to sign up to receive updates and related information from NSCLC about dual eligibles.

The site is part of NSCLC's project to ensure that new models for integrating care for dual eligibles or for converting Medicaid-funded long term services and supports into managed care include strong consumer protections.

The project and site are funded in part by the Commonwealth Fund, the Nathan Cummings Foundation and Atlantic Philanthropies. The site address: http://dualsdemoadvocacy.org.

DRNJ Submits Comments to DDD

On March 2, 2012, DRNJ submitted comments to the Division of Developmental Disabilities regarding proposed regulations for Family Support and the Community Care Waiver Waiting List.

Click link to access a copy of the Family Support Comments.

Click link to access a copy of the Community Care Waiver Waiting List Comment.

Implementing Section 508: Improving Access to Government Information and Data for Persons with Disabilities

http://www.whitehouse.gov/blog/2012/03/19/implementing-section-508-improving-access-government-information-and-data-persons-di

Data Reveal Disparities in Schools' Use of Restraints

New federal data that for the first time attempt to catalog how many times students were isolated or restrained—by a school employee or with a device—show that, in many cases, those techniques are applied disproportionately to students with disabilities, particularly black students with disabilities. To read the entire article, go to http://www.edweek.org/ew/articles/2012/03/13/24data.h31.html?tkn=YMCE5GXFBhFa1BYeMycLWVPvH%2FtOkD9h8yoB&cmp=clp-sb-cec

Department of ED Must Do More to Stop Restraint and Seclusion of School Children

In a new report released, the National Disability Rights Network (NDRN) called on the U.S. Department of Education (ED) to do more to reduce and prevent the use of restraint and seclusion on school children. This report is the third in a series of reports on restraint and seclusion by NDRN called School Is Not Supposed to Hurt. The first two reports were issued in 2009 and 2010. Many others, including the Government Accountability Office, have reported on deaths and injuries resulting from the use of restraint and seclusion in schools.

In this report, NDRN argues that ED is in the unique position to issue strong national guidance to state education agencies and local school districts about when the use of restraint and seclusion might violate anti-discrimination and education laws, similar to the guidance that the Office of Civil Rights has already issued on bullying and harassment. The guidance must at a minimum address that the use of physical restraint or seclusion is limited to circumstances when necessary to protect a child or others from imminent physical danger.

A copy of the report can be found at www.ndrn.org

Department Announces New Effort to Strengthen Accountability for Students with Disabilities

The Department of Education announced new steps to help close the achievement gap for students with disabilities by moving away from a one-size-fits-all, compliance-focused approach to a more balanced system that looks at how well students are being educated in addition to continued efforts to protect their rights.

For more information about the work of the Department’s Office of Special Education Programs, see http://www2.ed.gov/about/offices/list/osers/osep/index.html

DOT Fines Allegiant Air for Violating Airline Disability, Price Advertising Rules

The U.S. Department of Transportation (DOT) fined Allegiant Air $100,000 for violating rules protecting air travelers with disabilities, as well as the Department’s rule for full-fare advertising. Under DOT’s rule, carriers must sort disability-related complaints into categories based on the type of disability and nature of the complaint and submit an annual report to the Department on disability complaints received the previous year. These ads violated the Department’s rule requiring ads for airfares to identify the existence and amount of government-imposed taxes and fees at the first point a fare is displayed and to include in the initial fare quotes appearing on the website all carrier-imposed fees that passengers must pay to make on-line bookings. http://www.dot.gov/affairs/2012/dot2512.html

HUD Charges Bank of America with Discriminating Against Homebuyers

The U.S. Department of Housing and Urban Development (HUD) announced that it is charging Bank of America with discriminating against homebuyers with disabilities. HUD alleges that Bank of America imposed unnecessary and burdensome requirements on borrowers who relied on disability income to qualify for their home loans and required some disabled borrowers to provide physician statements to qualify for home mortgage loans. The Fair Housing Act makes it illegal to discriminate in the terms and conditions of a loan to an individual based on a disability, including imposing different application or qualification criteria, and makes it illegal to inquire about the nature or severity of a disability except in limited circumstances not applicable here. http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2012/HUDNo.12-036

Tips for Selecting a Summer Camp Flyer

Every child should have the opportunity to go to camp, but children with disabilities may have unique needs that present a challenge to attending summer camp. DRNJ prepared a flyer "Tips for Selecting a Summer Camp for Your Child with a Disability" to provide information to ensure that those challenges do not prevent the child from attending and enjoying the experience. To view the flyer, click here.

New Jersey Receives Waiver from No Child Left Behind

New Jersey is one of ten states to receive a federal waiver from the No Child Left Behind law. With this waiver, New Jersey is not required to meet the 2014 targets set in place for student achievement, but must still adopt a plan, implement college and career-ready standards for its students, and have a comprehensive system of professional development for teachers and principals.

New Jersey is required to set new targets for improving academic achievement and closing the achievement gaps that exist with some student populations. In addition, New Jersey must ensure that an accountability system is in place to reward high achieving schools and to provide interventions and support to low achieving schools.

The waiver will provide some flexibility to New Jersey and the other states in spending federal Title I money, but still requires accountability for academic achievement and achievement gaps.

White House Hosts The ARC as part of the Community Leader Briefing Series

On, February 10th, the White House Office of Public Engagement hosted 150 of The ARC’s leaders, members, advocates, and staff from across the country as part of the White House Community Leaders Briefing Series. The White House Community Leaders Briefing Series, a weekly program that began in the summer of 2011, is a unique opportunity for grassroots leaders to start a two-way dialogue with the White House about issues that are affecting their communities and to ensure that they are well-informed about government policies and programs and how they can use or maximize these resources.

Barbara Coppens, advocate assistant at DRNJ and member of the national board of directors of The Arc, had the opportunity to ask the White House Chief of Staff a question. To read the entire press release, please click link http://blog.thearc.org/2012/02/10/president-obama-tells-disability-community-ive-got-your-back/

New Jersey’s Anti-Harassment, Intimidation and Bullying Law

Governor Christie signed the “Anti-Bullying Bill of Rights Act”, P.L. 2010, Chapter 122, into law on January 5, 2011. It became effective on September 1, 2011. It amends and supplements the 2003 New Jersey Bullying Law, and aims to forge a statewide and systemic approach to harassment and bullying that involves students, parents, teachers, administrators, and the community at large. It applies to all public elementary, secondary and postsecondary schools. The goal of the new amendments is to increase prevention, reporting and responsiveness to incidents by requiring the adoption of policy prohibiting harassment, intimidation and bullying on school property, at a school sponsored function, on a school bus, or off school grounds. It requires that staff report any allegations of bullying, requires that schools provide training and that they comply with strict guidelines for investigations. On January 27, 2012, the Council on Local Mandates held a hearing on the Harassment, Intimidation, and Bullying statute to determine whether it constituted an unfunded mandate on school districts. Additional information can be found at: http://www.njspotlight.com/stories/12/0131/0200 or to access the DRNJ bulletin, go to publications page.