NDSC Governmental Affairs Newsline
February 20, 2009

The American Recovery and Reinvestment Act (ARRA)

On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act containing $787 billion in tax cuts and program funding.  Thank you to all of the readers who responded to the NDSC/NDSS Action Alert asking members to support the disability provisions in the bill.

Below are some of the provisions of interest to members:

Education

The bill will provide a major increase in special education funding, including $12.2 billion for the Individuals with Disabilities Education Act (IDEA).  This includes $11.2 billion for Part B (the state grant program), $400 million for IDEA preschool funding, and $500 million for Part C (Infant and Toddler funding). These funds are in addition to the regular allocations.

The Senate bill would have allowed the Secretary of Education to waive the provision of IDEA which states to supplant IDEA funding, a provision that has been in the law since its passage 30 years ago. If the clause would have been waived, states and school districts could have reduced their own special education spending by the amount of federal IDEA money they receive.

However, thanks to efforts led by the Council for Parent Attorneys and Advocates and other advocacy organizations, including NDSC, the staff of the Senate Health Education Labor Pensions committee, the House Committee on Education and Labor and others, the supplanting provision was removed in the final bill. This means that the IDEA funding in the ARRA will benefit children with disabilities - not simply be spent for other purposes.

If you wish to see the letter sent to the Senate, please contact susan@ndsccenter.org.

Medicaid

The bill includes an $87 billion increase in the Federal government's share of Medicaid spending (FMAP) which runs from October 1, 2008 to December 31, 2010. The Center for Budget and Policy Priorities, states in part as follows:

“The legislation contains three provisions relating to increased Medicaid funding for states.

It would suspend through fiscal year 2011 the reductions that some states would otherwise experience in the percentage of their Medicaid costs paid by the federal government. 

All states would receive a “base” 6.2 percentage point increase in their FMAP rate.  Thus in New York, where the federal government usually pays 50 percent of Medicaid costs, the base federal share for the period of assistance would be 56.2 percent.  In Mississippi, where the federal government usually pays about 76 percent of Medicaid costs, the base federal share would be 82.2 percent.

States experiencing poor economic conditions as indicated by a significant rise in unemployment — as most states are — would receive additional assistance.  Depending on the extent of the state’s rise in unemployment, a state could receive a 5.5 percent, 8.5 percent, or 11.5 percent reduction in the share of Medicaid costs the state pays.

To read these provisions in their entirety, go to: http://www.cbpp.org/2-13-09sfp.htm.

There is a "maintenance of effort" requirement which prohibits states from changing eligibility requirements, making it more difficult for individuals to qualify. However there is no maintenance of effort provision for benefits or services.  This means that strong advocacy efforts are needed at the state level to ensure these funds are spent to benefit individuals with disabilities.

Action Needed

In each state legislature it is likely that an appropriations committee, subcommittee on health makes decisions about funding related to Medicaid. Strong advocacy efforts are needed in the legislature and Governor’s office to attempt to direct money specifically to disability services.

You can get information about when and where the money is being spent at http://www.recovery.gov, the official White House website designed for the public transparency and accountability.

To see the final bill go to: http://thomas.loc.gov/cgi-bin/bdquery/z?d111:H.R.1

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Restraint and Seclusion of Children with Disabilities

In our January 29th Newsline, we published an article which addressed the issue of use on abusive practices in schools and our involvement as one of the founding members of a group called The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS). In addition we printed an e-mail message we received from a mother in Missouri whose kindergarten-age son with Down syndrome who was subjected to these practices.

To read the report referred to in the last Newsline which issued by the National Disability Rights Network (NDRN), one of the founding members of APRAIS, go to The National Disability Rights Network (NDRN), go to: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools. http://www.ndrn.org/sr/SR-Report.pdf.

To read about the advocacy efforts of some Missouri parents and the Protection and Advocacy agency, go to http://www.ksdk.com/news/local/story.aspx?storyid=167787&catid=3

To find out about APRAIS, go to http://aprais.tash.org.

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Special Request from the White House Disability Policy Advisor

Kareem Dale , President Obama’s Special Assistant for Disability Policy is looking for any person with a disability who has gone back to work or been rehired as a result of the economic recovery plan. For example, some company starts hiring again as a result of money they are going to receive. He has asked that we disseminate his request to our various communities.

Mr. Dale expresses the importance and time sensitivity in this request. This is a good opportunity to highlight disability as an important employment issue.

If you have examples, please send them to susan@ndsccenter.org and we will immediately forward this information.

If you have questions, comments or other information, please e-mail Susan@ndsccenter.org.

If you have questions or comments about this Newsline, please contact Susan Goodman at susan@ndsccenter.org.