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National Council on Disability (NCD)
Quarterly Meeting
Hyatt Regency Boston
One Avenue de LaFayette
Boston, Massachusetts
November 29 – December 1, 2007
Thursday, November 29, 2007
Members Present:
John Vaughn, Chair
Chad Colley, Co-vice chair
Pat Pound, Co-vice chair
Victoria Carlson
Lisa Mattheiss
Linda Wetters
Marylyn Howe
Robert Davila
Anne Rader
Cynthia Wainscott
Kathleen Martinez
Dr Young Woo Kang
Lonnie Moore
Staff Present:
Michael Collins
Lisa Grubb
Julie Carroll
Joan Durocher
Stacey Brown
Mark Quigley
Call to Order
Chairman Vaughn called the quarterly meeting of the National Council on Disability to order, recognizing 13 of 15 members in attendance.
Chairperson’s Welcome - John Vaughn
Chairman Vaughn welcomed members, staff and guests, provided a summary of the agenda for the quarterly meeting, and shared with all attendees the charge of NCD.
Acceptance of Agenda
Pat Pound moved to accept the agenda as presented. Anne Rader seconded the motion. There being no further discussion, the motion passed unanimously.
Introduction of Council Members, NCD staff and guests
Chairman Vaughn opened up the floor for introduction of members, staff, and guests.
Welcome from Mayor Thomas Menino, City of Boston by Stephen Spinetto, Commissioner, City of Boston Commission for Persons with Disabilities
Mr Spinetto greeted the Council on behalf of the mayor, acknowledging the council’s geographic diversity. Mr. Spinetto further shared his personal and professional experiences with a disability. Mr Spinetto encouraged everyone to visit the city and ride the subway.
Approval of July 11, July 24 - 26, September 5 Minutes
Chairman Vaughn opened the floor to review and discuss draft minutes. The minutes were approved as noted.
Cynthia Wainscott moved to approve minutes from the following meetings: July 11, July 24 - 26, and September 5. Anne Rader seconded the motion. There being no further discussion, the motion passed unanimously.
Council Member Reports
Members of the Council provided updates on their activities since the last meeting. The following updates were provided
Chad Colley: Mr. Colley reported the following activity:
- Finance committee meetings
- Presented at Emergency Preparedness Summit in Omaha, Nebraska
Patricia Pound: Ms. Pound reported the following activity:
- Emergency management work
- NCD committees
- Governor's Committee on People with Disabilities
- Texas Homeland Security conference
- NCD’s employment committee
Victoria Carlson: Ms. Carlson reported the following activity:
- Status of report on youth with disabilities in the foster care system
Lisa Mattheiss: Ms. Mattheiss reported the following activity:
- Job mentoring program in Tennessee
Linda Wetters: Ms. Wetters reported the following activity:
- Community college program for people with developmental disabilities
Marylyn Howe: Ms. Howe reported the following activity:
- Planning for the Council’s quarterly meeting
- Liaison to the National Institute of Disability Rehabilitation and Research (NIDRR)
Robert Davila: Mr. Davila reported the following activity:
- Appointed President of Gallaudet University
Anne Radar: Ms. Rader reported the following activity:
- Health committee
- Organizational strategies for global health
- Serves on the board of trustees for United Cerebral Palsy in Washington.
Cynthia Wainscott: Ms. Wainscott reported the following activity:
- Meeting with His Excellency Luis Gallegos, Ambassador of Ecuador to the United States, Chairman, G3ict.
- Executive Committee conference call meeting with the Government Accountability Office (GAO)
- Liaison to the Substance Abuse Mental Health Services Administration (SAMHSA)
Kathleen Martinez: Ms. Martinez reported the following activity:
- Executive Director to the World Institute on Disability based in Oakland, California
- International work
- Healthcare committee
- Homeland security committee
Dr. Young Woo Kang: Dr. Kang reported the following activity:
- Speaker at the Korean Air Force Academy's Annual Character Education Symposium
- Keynote speaker for the Seventh Asian Christian Lay Leadership conference
- Published his 10th book in Korean language
- Chosen as the final candidate for the Global Human Service award
- Project to empower Wounded Warriors through U.S. Army Office of Chaplains
- Introduced Jim Brookshire from the Justice Department to NCD’s Executive Director
Lonnie Moore: Mr. Moore reported the following activity:
- Attended a vocational rehabilitation conference in Tucson
- Spoke at the National Geospatial Agency on disability employment awareness month
- Western chair to the secretary of veterans affairs Iraq and Afghanistan Advisory Council
- Wounded Warrior project
- Southwest Regional Maintenance Center for the Navy, San Diego area is creating 850 jobs California’s Mesa Community College Traumatic Brain Injury Program for the military
- Meeting with the research leaders in veteran’s affairs to improve prosthetic care
Chairman’s Report - John R. Vaughn
Chairman Vaughn provided the follow updates:
- The executive committee met on August 30 and October 22 to review the budget prepared by NCD staff and Mr. Collins.
- Pat Pound moved to accept the executive committee minutes for August 30 and October 22 and to ratify any motions therein. Chad Colley seconded the motion. There being no further discussion, the motion passed unanimously.
- Pat Pound moved to ratify the proxy vote which approved funds for the remodeling. Linda Wetters seconded the motion. There being no further discussion, the motion passed unanimously.
- Discussion ensued about the Council’s charge to complete an annual progress report
- Participated on behalf of Milton Aponte on the President's Committee on People with Intellectual Disabilities
- Presented to the American Rehab Counseling Association annual meeting in Tampa, FL.
- Serves as a committee member and presented nationally to the American Council of the Blind
- A request was made by the Inclusion Research Institute for NCD to appoint a representative to an advisory committee to a grant reviewing emergency preparedness practices in times of disaster around the country. Upon advisement from the legal ethics officer, Chairman Vaughn reported that he will serve on the advisory board
- Site visit and ongoing dialogue with the NCD office
- Meetings with the Department of Health and Human Services (DHHS), Government Accountability Office (GAO) and FEMA to discuss and outline the law and the mandated relationship between FEMA and NCD
- Meeting and ongoing homeland security dialogue with the Consortium of Citizens with Disabilities
- Upcoming plans for the spring quarterly meeting considering upcoming appointments
- Upcoming plans for new research projects
- Upcoming plans to set strategic goals for the 2010 budget
Chairman Vaughn concluded his report by opening the floor for questions. There being no further discussion, the Chairman’s report was accepted by the full Council.
Executive Director’s Report - Michael Collins
Mr. Collins provided the following updates:
- Changes in staff include the addition of Lisa Grubb as Special Assistant to the Executive Director and the resignation of Mark Seifarth and retirement of Pamela O’Leary
- Office remodeling highlighting internal changes, future plans and approximate savings to the NCD budget
- Ethics training for Members
- Additional public outreach for quarterly meetings
- NCD’s 30th Anniversary in 2008
Mr. Collins provided the following updates on reports ready for release:
- Consideration of a conference to promote the Foster Care Report, in the Washington area in February.
- The Mental Health paper has a lot of interesting information that needs to be shared.
- The Educational Outcomes Report will be released at the Press Club (subsequently changed to the New Orleans meeting).
- The Disability Indicators Report provides statistical data.
- One of the largest reports will be the Financial Incentives Report.
- The next progress report will be released to the President and Congress in December.
On behalf of Mr. Gould, Mr. Collins shared plans for a public relations media awareness campaign and highlighted the following as reports that are already underway or that are listed in the 2008 budget. Members are encouraged to respond indicating which report they are interested in.
- Study of the Developmental Disabilities Act
- Housing report
- Infrastructure report
- Series of policy briefs or white papers on critical subjects for people with disabilities that can be used to provide the tracks for a national disability conference for the following year.
Mr. Collins deferred to the Council for additional questions. The following topics were discussed:
- Distribution of reports on the internet and in print and the cost of publication and distribution. The new procedure of posting on the internet and providing Executive summaries has been a large savings to the taxpayers. Staff continues to work with technical support to improve site accessibility.
Finance Committee Report - Chad Colley, Committee Chair
Chad Colley distributed and presented the finance report. Mr. Colley opened the floor for questions or discussion. Discussion ensued over current and future lease options.
Anne Rader moved to accept the financial report as presented. Victoria Carlson seconded the motion. There being no further discussion, the motion passed unanimously.
International Watch Advisory Committee Report - Kathy Martinez, Council Liaison and Joan Durocher, staff
Ms. Martinez provided updates and facilitated discussion on the following subjects:
- Background on the United Nations and the adoption of the International Convention on the Rights of People with disabilities and the Council’s role in providing advisement.
- Progress update on the comparative analysis
- Future plans for a public awareness campaign, creation of an education tool for the public on the International Convention, and a report on the implications to the U.S.
- International watch meetings and the Council's future work with regard to the Convention.
- The World Institute on Disability has been visited by a number of folks in different parts of the world, asking for very specific, practical advice. The papers that the Council has written addressing articles of the Convention have been requested.
Ms. Martinez opened the floor for questions and discussion. Discussion ensued on the reluctance of the United States to sign and ratify the convention. Mr. Collins provided a brief history. There was consensus among membership for the Council to encourage action to ensure that the U.S. is at the table.
Cultural Diversity Advisory Committee – Michael Collins and Stacey Brown, staff
Mr. Collins and Mr. Brown provided updates and facilitated discussion on the following subjects:
- Cultural diversity, civil rights and disability rights
- Invitation was extended to the members of the advisory committees to participate as non-voting members on the committees
- Explanation of the Federal Advisory Committee Act (FACA)
- Mr. Collins deferred to Mr. Brown to share questions posted on the Council’s website, which will form the framework for the committee.
- What are diversity and cultural and linguistic competency and what do they have to do with disability?
- What is NCD doing with regards to or in support of the delivery of cultural and linguistically appropriate services?
Mr. Collins opened the floor for questions and discussion. Discussion ensued about the need for a separate committee to address cultural diversity. The consensus was that it is the Council’s responsibility to make sure that all rights for all people with disabilities are protected.
Comments from Dan Shannon, Executive Director, Massachusetts Developmental Disabilities Council and Myra Berloff, Director, Massachusetts Office on Disability
In the absence of Dan Shannon due to illness, Myra Berloff welcomed the Council to Boston and brought regrets from Mr. Shannon and greetings from the Governor. Ms. Berloff stated that a lot of work has been done in regards to allowing full inclusion of people with disabilities in every aspect of what is done in the state, and hope that the Council will find it welcoming and accessible. Ms. Berloff further shared that the Office on Disability in the state of Massachusetts is the designated ADA coordinator for the executive branch of state government.
Homeland Security Committee Report - Pat Pound, Chairperson and Michael Collins, staff
Pat Pound provided updates and facilitated discussion on the following subjects:
- The Post‑Katrina Act and NCD responsibilities
- TOPOFF 4 exercises and comments submitted to FEMA
- Commented on and analyzed the draft of the National Incident Management System five‑year training plan
- Commented on a FEMA draft on the support functions and the annexes
- Commented on the FEMA draft related to the National Disaster Housing Strategy
- Participated in a meeting the Coalition of Citizens with Disabilities (CCD) and Emergency Preparation Task Force
- Participated in several meetings with FEMA representatives, including the civil rights, civil liberties staff and FEMA’s disability coordinator
- Participated in panel briefings at NCD quarterly meetings
- Presented at various conferences
- Participated in a meeting with David Paulison, the Administrator of FEMA, to clarify the Council’s role in relation to FEMA
- Gathered information from the California fire
Emergency Preparedness Panel (Moderator: Pat Pound)
Myra Berloff, Director, Massachusetts Office on Disability
Ms. Berloff elaborated on the following abstract on how a partnership has developed between the interested parties, some of the barriers and recommendations that have been proposed, as well as to discuss some of the next steps that have been identified.
Recent history has proven that more emergency preparedness planning must be undertaken to ensure people with disabilities are included during the planning stage and that the needs of people with disabilities are adequately addressed during times of emergency. Federal, state, local and tribal government officials have the responsibility to create and implement emergency management plans and public policies that ensure the health and safety of all persons during times of emergency.
Shortly after the experience with Hurricane Katrina, the Massachusetts Governor’s Advisory Commission on Disability Policy approached the Massachusetts Office on Disability (MOD) expressing concerns that the needs of people with disabilities in an emergency situation were not being adequately addressed by state and local emergency planners. As individual members of their communities, they had begun to dialogue locally but they were concerned that people with disabilities were not at the emergency planning table and that not enough was being done on a state wide level.
As the ADA Coordinator for the Executive Branch of state government, MOD was able to contact the appropriate state players and begin the process of bringing everyone together. The first large group conversation took place at the Massachusetts Statewide Independent Living Conference in September 2006. To be honest, the conversation was heated. Members of the disability community publicly asked questions that members of the emergency planning community were not prepared to answer. Members of the disability community were angry; members of the planning community were defensive. As uncomfortable as that first meeting was, it began a dialogue and underscored the need that public policies regarding emergency preparedness and response before, during and after significant incidents are more effective if they are developed collaboratively by community leaders and populations most affected by emergencies.
As a result of the early meetings with the disability community in the Commonwealth and a national Department of Homeland Security and U.S. Department of Health and Human Services conference in June 2006, in which a delegation of officials from Massachusetts participated, the Task Force on Emergency Preparedness and People Requiring Additional Assistance was formed. The Task Force was charged with taking a critical look at the state of emergency preparedness in the Commonwealth and to send forth to the Governor recommendations to address identified gaps in our state of preparedness.
The first meeting of the Task Force occurred February 22, 2007, with nearly 60 stakeholder organizations and over a dozen state agencies represented. On that day, the Task Force established five workgroups to further explore the issues pertaining to emergency preparedness and all individuals requiring additional assistance during times of emergency. These workgroups were: Communications, Evacuation, Personal Preparedness, Registries and Sheltering.
The workgroups met for 8 months and the Task Force reconvened on
October 18, 2007. There were many common issues identified through the five workgroups. Each group identified barriers and proposed a series of recommendations to enhance emergency preparedness efforts and plans in the Commonwealth.
Sharon Gamache and Lisa Braxton, The Center for High-Risk Outreach, National Fire Protection Association (NFPA)
Ms. Gamache and Ms. Braxton elaborated on the following abstract by sharing that since 1999 the fire service has become increasingly interested in the development of fire safety education programs that could be used to serve people with disabilities. In response, the NFPA Center for High-Risk Outreach, which was created in 1995 with a mission to reduce deaths and injuries from fires and burns among high-risk populations – the very young, older adults, people who have a low income, and people with disabilities – organized in collaboration with the North American Coalition for Fire and Life Safety two symposiums, Solutions 2000 and Beyond Solutions 2000. Held in 1999 and 2001, these symposiums addressed the education, engineering and enforcement needs of people who may not be able to take lifesaving action in a timely manner in the event of a fire, including people with disabilities.
To develop an action plan from the symposiums, the Center for High-Risk Outreach and Oklahoma State University created the Fire Safety for People with Disabilities Task Force. The task force, which is composed of a diverse group of technical experts in the fields of public education and disabilities, has reviewed existing NFPA materials with recommendations for inclusion and appropriateness for people with disabilities, produced new materials to meet the needs of people with disabilities and conducted speaker sessions at the NFPA World Safety Conference.
Today’s presentation will include an overview of the NFPA Center for High-Risk Outreach, and the Fire Safety for people with Disabilities Task Force and will discuss the challenges of effectively producing fire safety educational materials that are formatted for content and sensitivity to all areas of diversity, including socioeconomic status, ability, culture, and living situation. These materials include the “Workplace Safety for People with Disabilities” brochure, the “Teaching Tips for Fire Safety Educators of Children with Disabilities,” and the “Personal Emergency Evacuation Tool for School Children with Disabilities.”
Marcia Brooks, WGBH Public Television
Ms. Brooks elaborated on the following abstract highlighting the Carl and Ruth Shapiro Family National Center for Accessible Media at WGBH is leading the Access to Emergency Alerts for People with Disabilities grant, funded by the U.S. Department of Commerce’s Technology Opportunities Program.
The project unites emergency management professionals, providers of alert notification services and equipment, national disabilities consumer advocacy organizations, consumers, researchers and others in a collaborative effort to research and disseminate replicable approaches to make emergency warnings accessible. Alert systems, services and products are developing a range of text and audio alert capabilities that have the potential to serve people with disabilities but most are inconsistent in terms of fully supporting appropriate modalities and accessible interfaces.
People who are deaf or hard of hearing and who rely on captioned television news alerts are often left out when emergency broadcasts are not, in fact, captioned. And people who are blind or have low vision watch television to stay informed, but are at a loss when on-screen graphics or text crawls are used to convey information. The use of Web sites, cell phones and other personal devices promise greater freedom, independence and even safety, but often hit the market with access barriers that present new challenges as well.
This project is identifying the gaps that exist between alert systems that deliver information, the unrealized potential of these systems to serve the entire population, and the necessary system protocols, technologies and services that can bridge this gap.
Access Alert project milestones to date include the development of draft information requirements for accessible messaging and an online information resource repository, as well as various consumer and social science research efforts. Outcomes from the project’s remaining year will include the national dissemination of effective practices. A summary of relevant FCC requirements and activities will be addressed, including the recent work of the FCC Commercial Mobile Service Alert Advisory Committee.
Council Member Questions and Dialogue
Committee Co-Chair Chad Colley thanked the presenters and opened the floor for comments and questions. Mr. Collins reported that the NFPA has decided to disband the Center for High Risk Outreach. Discussion ensued on automated emergency information phone systems that are not accessible to individuals with speech or hearing difficulty, emergency preparedness, and emergency notifications for cellular telephones.
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Accessibility & Universal Design Panel (Moderator: Marylyn Howe)
Larry Goldberg, Director, WGBH Public Television
Mr. Goldberg elaborated on the following items.
- Background on WGBH media access efforts
- The Caption Center
- Descriptive Video Service (DVS)
- Carl and Ruth Shapiro Family National Center for Accessible Media
- Universal Design meets Media Access
- AT and "AMT" (Accessible Mainstream Technology)
- Closed caption decoders in TV sets
- SAP channel and DVS
- Accessible motion pictures and digital cinema (AMC/Loews Boston Common)
- New and emerging technologies
- Accessible online media
- Mobile devices and emergency alerts
- In-flight entertainment and communication
- HD Radio
- Home media centers and accessible user interfaces
- Access to on-screen text
- Motion picture access and digital cinema
Ms. Howe opened the floor for comments and questions. The following topics were discussed:
- Visual description of HD radio
- Commendations to WGBH
- On‑screen information
- Channel guides
- Coalition of Organizations for Accessible Technology
- National Federation of the Blind
- Windows Media Center PC
In closing Mr. Goldberg invited the Council to tour the new WGBH facility after the meeting proceedings conclude on Friday, November 30.
Judy Brewer, Web Accessibility Initiative, World Wide Web Consortium
Ms. Brewer elaborated on the following items.
- Role of the Web
- Gateway to information, education, employment, opportunity
- Early Web, Web 2.0, beyond
- World Wide Web Consortium
- International standards organization, develops core Web technologies
- Web Accessibility Initiative
- Development of consensus standards through multi-stakeholder participation
- Multi-layered approach: technology, guidelines, tools, education, R&D
- Accessibility of the Web
- Cross-disability barriers; three complementary Web accessibility guidelines
- Technical solutions for dynamic Web content accessibility
- Web accessibility and Open Document Format
- Building awareness with public, setting expectations with vendors
- Training people with disabilities, developers, procurement officials
- Implementation planning, conformance evaluation, ongoing monitoring
- Policy frameworks and standards harmonization
- Leveraging effect of a unified Web accessibility market
- National and state-level fragmentation; opportunities for convergence
- International uptake; coordination with international & national standards bodies
- Web accessibility and updating of US Sec 508 and 255; ADA Restoration
- UNCRPD, WSIS, European Commission mandate, other countries
- Strategies for accelerating Web accessibility
- Capacity building in the disability community and developer community
- Leveraging effect of authoring tool support for accessibility
- Focus by sector: eGov, eLearning, telehealth, emergency management, etc
- Keeping ahead of accessibility issues in new R&D
- Practical applications & implementation resources
- Daily & emergency tasks: changing the tools changes the outcome
- Accessible/accessibility resources for the advocacy community
- Role of public support in accessible technology and standards development
- Overview of online resources to promote & implement Web accessibility
Deborah Buck, Association of Assistive Technology Act Programs (ATAP)
Ms. Buck elaborated on the following subjects:
- AT Programs & Services: Increasing Access to and Acquisition of Assistive Technology
- Federal and state laws and policies
- States and Electronic & Information Technology Accessibility
- 508 Requirements & States
- State of the States re: E&IT Accessibility
- Scope of applicability- State Agencies, State Legislatures, K-12, Post-Secondary Public Education Entities, Recipients of State Dollars
- Revisions to 508- implications for States
- Convergence of E&IT and Universal Design
- 508 and Universal Design for State Employees and Members of the Public
- Infrastructure IT and AT options
- NIMAS
- No Child Left Behind and Universal Design for Learning- Technology or strategies
Valerie Fletcher, Adaptive Environnements
Ms. Fletcher elaborated on the following items:
- Organizational context – who we are & our perspective
- Review of the international demographic rationale – disability & aging in the 21st century - that makes the case for inclusive design
- Connecting inclusive design to policy and science
- World Health Organization & contextual definition of disability
- UN Treaty on the Human Rights of People with Disabilities
- Neuroscience
- Environmental sustainability
- Snapshots of varying international catalysts
- Examples from the built environment & product design
Chairman Vaughn deferred comments and questions to the public comment period and rescheduled the remainder of the Committee report to 3:00 pm the following day.
Public Comment Session – moderated by Vice Chairs Pat Pound and Chad Colley
The following individuals provided public comment on the indicated subject.
Chattanooga, Tennessee
Subject: compliance
Disability Policy Consortium
Boston, Massachusetts
Subject: employment, lack of ASL interpreters, transportation, adult onset disability, emergency preparedness
President, Boston IA
Arlington, Massachusetts
Subject: web accessibility
President, Bay State Council for the Blind
Watertown, Massachusetts
Subject: web accessibility, services for those who are visually impaired, collaboration with disability groups
- Ann, Parent with a disability
Subject: Hurricane Katrina, parental rights for parents with disabilities
McIntosh Center
Garden Grove, California
Subject: Wild fires in Orange County, emergency disaster drill
- Carl Richardson, ADA coordinator
Massachusetts State House
Boston, Massachusetts
Subject: Position announcement, access to the programs and services at the state house
Brain Injury Association of Massachusetts
Westborough, Massachusetts
Subject: Informational: Brain Injury
- Don Summerfield, Brain injury survivor
Member of the Cambridge Commission for Persons with Disabilities
Cambridge, Massachusetts
Subject: Massachusetts Rehabilitation Commission Statewide Head Injury Program
Granite State Independent Living
Concord, New Hampshire
Subject: Transportation, employment, youth transition
(In connection with) National Federation of the Blind
SiliconPlus
Brookline, Massachusetts
Subject: Portable reading machine demonstration for the visually impaired
- Jill Williams, Systems change advocate
Subject: Accessibility at the Orange Fair Grounds
- Ryan Lebia, Student at Mass Community College
Brockton
Subject: Invitational: Disability Awareness Day at Massachusetts Community College
- Rick Mally, Disability advocate
Office on Disability
Subject: Access to institutional bias and healthcare programs run in the U.S
Adaptive Environments
Boston, Massachusetts
Subject: Emergency evacuation, Informational: (Project) Access to Safety
- Kathy Podgers, Person with a disability
Founding member Citizens for Feasible Compliance
Subject: Title II compliance
- Elmer C. Bartels (Letter), Disability Advocate
Immediate Past Chair of the Massachusetts Rehabilitation Commission
Boston, Massachusetts
Subject: People with Disabilities Must be Included in Planning for Economic Growth
* Detailed public comments available upon request.
Reception for Boston Disability Stakeholders at Hyatt Regency Hotel: public invited to attend (not part of the NCD meeting)
There being no additional discussion, Chairman Vaughn recessed the meeting until the following day as indicated by the agenda. In closing Chairman Vaughn invited everyone to attend the reception immediately following.
Meeting Recessed at 5:00 pm.
Friday, November 30, 2007
Members Present: No Changes from prior day
Staff Present: No Changes from prior day
Call to Order
Chairman Vaughn reconvened the quarterly meeting of the National Council on Disability, recognizing 13 of 15 members in attendance.
Chairperson’s Welcome - John Vaughn
Chairman Vaughn welcomed members, staff and guests, and provided a summary of the agenda for the quarterly meeting.
Introduction of Council Members, NCD staff and guests
Chairman Vaughn opened up the floor for introduction of members, staff, and guests.
Employment Committee Report - Linda Wetters Committee Chair and Joan Durocher, staff
Ms. Wetters provided updates and facilitated discussion on the following subjects:
- Release of the employment report
- Conducting public forums on the state of the New Freedom Initiative
- Maintaining a National Business Advisory Council
- Transition project report
- Reauthorization of the Workforce Investment Act
- Transition tied to the VR system
- Committee structure
- The Social Security Disability Income system
- Improvements on access and availability of long term services and supports
- Opportunities for self‑employment
- Consortium for Citizens with Disabilities (CCD)
- Ongoing dialogue with OSERS
Ms. Wetters opened the floor for questions and discussion. Discussion ensued about the employment report, history of the Workforce Investment Act, General Accounting Office (GAO), NCD’s position related to reauthorization of the Rehab Act, One stops, public transportation and IDEA. Ms. Pound requested that the Council include small business information in future reports.
Youth Transition
Linda Wetters requested Council Members and guests to report best practices for transition programs to Joan Durocher, NCD staff.
Julia Landau, Sr. Attorney, Massachusetts Advocates for Children
Julia Landau elaborated on the following abstract addressing the transition requirements of the Individuals with Disabilities Education Act (as recently amended in 2004, with regulations promulgated in 2006); emphasizing specific statutory and regulatory provisions which hold great promise to help ensure that students with disabilities can achieve greater economic self-sufficiency, independent living, and community integration. However, this promise has not been fully realized due to the failure to monitor and enforce key transition requirements of special education law. Information provided will include: the definition of transition services required to facilitate a student’s movement from school to post-school activities including integrated employment (including supported employment), postsecondary education, independent living, community participation, vocational education, adult services, or continuing and adult education; the requirement to develop measurable postsecondary IEP transition goals related to training, education, employment, and where appropriate, independent living; and other state agency participation in IEP Team meetings. When schools fail to provide required transition planning and services, students with disabilities are deprived of equal educational opportunities necessary to realize their potential. Increased compliance is essential to make the promise of the law a reality. In addition, grant programs, such as Massachusetts’ new Inclusive Concurrent Enrollment pilot program can encourage best practice. This state discretionary grant program is developing partnerships between high schools and public institutions of higher education to offer public school students with severe disabilities ages 18-22 the opportunity to participate in inclusive college courses in Massachusetts.
Ms. Wetters opened the floor for questions and discussion. Discussion ensued about requirements and services for youth transition.
Dr. William Kiernan, Director, and Debra Hart, staff, Institute for Community Inclusion, University of Massachusetts at Boston
Dr. Kiernan elaborated on the following abstract discussing transition and vocational rehabilitation, further stating that the title of his is too limiting in that transition is broader than this and while including the resources and expertise of the Vocational Rehabilitation system must also have access to other resources in Higher Education, One Stop Career Centers, internship and apprenticeship programs of DOL and the Corporation for National and Community Service. Effective transition planning, while student driven, must be broadly conceived and implemented.
Historically the transition process was viewed as a hand off from school into adult life with a minimal amount of interrelationship of the skills and competencies acquired and or required by either setting. School embraces the process while considering the next step to be done by someone else while 'the someone' else views the lack of preparation of the student as a major limitation to successful transition. The critical question is when does transition planning and implementation begin and who must and also could be involved.
The final years of entitlement are often a reflection of a continuation of a curriculum and a learning where the students gains little and may even regress. With other students leaving, the continuation of teaching a curriculum that is at times irrelevant and others ineffective, the final years of entitlement are a guarantee of little other than a place to go and wait for the student. Our challenge is to use these years (and the years leading up to the last four to six years of entitlement) and make them work for the student, family, school, community and the workforce.
Who should be involved and what some of the potential outcomes are must be revised. The role of the public Vocational Rehabilitation system will be central but not all encompassing. Concurrent enrollment, post secondary opportunities, work exposure and job experiences while in school and the movement of the students from a passive learning to active real world experience will define an effective transition outcome of each student. The system must be supportive yet able to respond to the individual interests and preference of the student in the early periods of transition planning. The curriculum must reflect what community life expects of all graduates. The ability to support the student with disabilities through and beyond the transition period will make for an effective transition process and an outcome that includes employment, community living and friendships.
Our economy is looking for workers in industry not in perpetual non-work or preparation settings. Learning will continue for the student after graduation and concurrently with employment. We need to develop ways for blending and braiding of resources and funds that will assure the success of the educational system for the student and the community and the accessing of and advancement in employment and interdependent community living.
Ms. Wetters opened the floor for questions. Discussion ensued about the change in the labor force, transportation, loss of benefits, technology, older workforce, micro enterprise business, transition planning, Workforce Investment Act, VR system, incentives to employers for hiring people with disabilities, civil rights piece or a quota system, and NCD’s Youth Advisory Council.
In closing, Linda Wetters again requested Council Members and guests to report best practices for transition programs to Joan Durocher, NCD staff.
Health Care Committee Report - Anne Rader, Chair and Julie Carroll, staff
Ms. Rader provided updates and facilitated discussion on the following subjects:
- Healthcare study
- Healthcare of women with disabilities
- People with communication disabilities
- Veterans
- Healthcare system
- Medicare and Medicaid and the overall health insurance issue
Wounded Warriors Presentation
Shelley Carson, Ph.D., Veterans Administration – Department of Defense Post-deployment program
Ms. Carson elaborated on the following abstract stating that in a recent JAMA study, Hoge et al. (2006) reported that approximately 19% of Service Members returning from deployment in Iraq attested to mental health difficulties, with 9.3% of them suffering from Post-traumatic Stress Disorder. As part of the Congressional mandate to provide mental health care for returning Service Members, the National Defense Authorization Act (NDAA) for Fiscal Year 2006 authorized a pilot project aimed at identifying and treating PTSD and other mental health conditions using internet-based tools. The project, Afterdeployment.org, is a joint effort by mental health experts from Madigan Army Medical Center, VA sites in Boston, California, and Hawaii, and Brooks Army Medical Center in San Antonio. The project is funded by the Department of Defense and addresses mental health issues critical to Service Members returning from deployment to Iraq and Afghanistan and their families. Although Afterdeployment.org is considered a self-help intervention, it engages users in an interactive multi-media format that in many ways resembles one-on-one therapy.
The goals of Afterdeployment.org are 1) to reduce symptoms of distress associated with combat deployment and return from deployment and 2) to increase user confidence in mental health treatment so that those who have combat stress symptoms will be more likely to seek out professional care. The project also hopes to provide a solution to existing barriers to care, including: 1) limited mental health resources in the Department of Defense and VA systems, 2) lack of access to evidence-based mental health care for returnees in many parts of the nation, and 3) the existing climate of stigma surrounding mental health difficulties in the military culture,
Afterdeployment.org combines features that have never before been available together in an online format. The centerpieces of the program are the self-help educational materials and workshops on topics such as post-traumatic stress, depression, anger management, relationship problems, alcohol abuse, sleep difficulties, spiritual health, living with physical injuries, problems at work, dealing with children, and living a balanced life.
Educational materials employ video, animation, downloadable audio files, computer games, and interactive text. The workshops include therapeutic tools that are effective in one-on-one and group therapy and feature interactive exercises with a videotaped therapist-coach. Other features available in the program include: interactive assessments of mental health symptoms, a My Data tool where users can store their work and assessment results, inspirational interviews with Service Members who have suffered from combat stress, and links to additional resources, including blogs, websites, and helpful books.
One of the keys of the project is the anonymity of users. Service members may log on, work through multi-session workshops that resemble one-on-one therapy, complete exercises, and turn in homework projects with assurances of complete privacy. The anonymity feature is designed to allow individuals who would not ordinarily seek therapy because of stigma issues to receive a modicum of care. The internet format also allows Service Members who live at a distance from care facilities to receive care in their homes. Afterdeployment.org is not intended as a replacement for therapy but rather as a therapeutic tool to be available to Service Members who would not otherwise seek, or would not have access to, standard DoD/VA mental health care. The program can also be used as an auxiliary tool for mental health practitioners working with returning Service members and their families.
Ms. Howe opened the floor for questions and discussion. Discussion ensued about posttraumatic stress disorder, assessment feedback, peer support, website accessibility, captioning of the video, stigma of receiving help for mental health, posttraumatic stress disorder, relationships,
Public Comment Session - Pat Pound and Chad Colley
The following individuals provided public comment on the indicated subject.
Subject: Rehab Act, transition
Hamilton County, Tennessee
Mayor’s Council on Disability
Project LINK - Leaders in Education Networking Kids
Subject: Transition
Chattanooga, Tennessee
Assistive Technology Coordinator (for the school district)
Subject: Assistive Technology
Computer training services department for the blind
Newton
Subject: Distance learning
Massachusetts Association for the Chemically Injured, Inc.
Andover, MA
Subject: Housing and healthcare for people with multiple chemical sensitivity, NCD’s report ‘Achieving Independence: The Challenge for the 21st Century’
Disability Advocate
Subject: Transition
Chattanooga, Tennessee
Subject: Compliance
- Richard P. Faucher, SR (Letter)
Disability Advocate and Member of the local citizens' Advisory Board for the Mass. DMR
Subject: Certification program for persons who want to work in the field of DD or any other handicap type service, caregiver wages, English is a second language training
* Detailed public comments available upon request.
Legislative Committee Report - Cynthia Wainscott, Co-Chair and Michael Collins, staff
Ms. Wainscott provided updates and facilitated discussion on the following subjects:
- Discussion of the name and the role of the Legislative Committee
- Staff assignment to the legislative committee
- Procedure for moving forward Decision Briefs in a timely manner
- Decision Memo on Crime Victims with Disabilities Act of 2007
Cynthia Wainscott moved that the Council issue a statement to the Senate Judiciary Committee outlining NCD’s partnership and our commitment to the same goals as Title IX, Subtitle A of Senate Bill 2237 Crime Victims with Disabilities Act of 2007. Linda Wetters seconded the motion. There being no further discussion, the motion passed unanimously.
Discussion ensued on the following legislation:
- ADA Restoration Act of 2007 (H.R.3195)
- Americans with Disabilities Act Restoration Act of 2007 (S.1881)
- Similar pieces of legislation to restore the intent and protections of the Americans with Disabilities Act of 1990.
- H.R.3195 sponsored by Rep. Hoyer, Steny H. [MD-5] (introduced 7/26/2007) with currently 245 Cosponsors; Recent Action: 10/04/07 Hearing in House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
- NCD Executive Director provided testimony at the initial hearing.
- S.1881 sponsored by Sen. Harkin, Tom [IA] (introduced 7/26/2007) with currently 2 Cosponsors; Recent Action: 11/15/2007 Hearing in Senate Health, Education, Labor, and Pensions Committee.
- NCD provided written testimony for the Committee Record.
- Paul Wellstone Mental Health and Addiction Equity Act of 2007 (H.R. 1424)
- Amends Employee Retirement Income Security Act of 1974, Public Health Service Act, Internal Revenue Code of 1986 to require equity in the provision of mental health and substance-related disorder benefits under group health plans.
- Sponsored by Rep. Kennedy, Patrick J. [RI-1] (introduced 3/9/2007) with currently 273 Cosponsors; Recent Action: 10/15/2007 Reported (Amended) by the House Education and Labor and Ways and Means Committees.
- Workforce Investment Act/Rehabilitation Act Reauthorization
- Discussions are scheduled to continue with Senate HELP Committee Staff and representatives of the disability community after the Thanksgiving break. Issues have included: transition services for young people with disabilities from school to work and school to higher education – where this group will receive services relative to order of selection; services for people with the most significant disabilities receiving SSI/SSDI; Status of the RSA Commissioner – currently a presidential appointee.
- No Child Left Behind (Elementary and Secondary Education Act)
- November 12, 2007 Capitol Insider (from the Disability Policy Collaboration) reports: Leaders of the House Education and Labor Committee and the Senate Health, Education, Labor and Pensions Committee have served notice that the NCLB reauthorization will be delayed until next year. Too many policy questions remain unresolved and there is now too little time left on the Congressional calendar to proceed this year.
- Higher Education Act (College Opportunity and Affordability Act of 2007 – H.R. 4137) amends and extends the Higher Education Act of 1965; Sponsored by Rep Miller, George [CA-7] (introduced 11/9/2007) currently with 1 Cosponsor; Recent Action: 11/15/07 Reported by House Education and Labor Committee; remain in House Judiciary, House Science and Technology, and Financial Services Committees. Correction from Earlier Information – H.R. 4137 includes NCD on a newly established Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities.
- 2008 Appropriations and Continuing Resolution
- Recently passed and signed by the President, Defense/Pentagon appropriations bill included a Continuing Resolution (CR) through 12/14/07 for the remaining 11 appropriations bills. Congress is schedule to resume session the week of December 03, 2007. Future CRs are possible for a number of the appropriation bills as many spending issues and differences remain to be resolved.
- Senate HELP Committee Hearing on "Protecting the Employment Rights of Those who Protect the United States," focusing on veterans' problems in reentering the workforce and in having their reemployment rights enforced by government agencies.
- NCD provided written testimony for the record
- Mental Health Parity Act of 2007 (S.558)
- Provide parity between health insurance coverage of mental health benefits and benefits for medical and surgical services.
- Sponsored by Sen. Domenici, Pete V. [NM] (introduced 2/12/2007) with currently 57 Cosponsors; Recent Action: 09/18/07 Passed Senate; 09/19/07 referred to House Energy and Commerce, Education and Labor Committees, 10/17/07 referred to House Education and Labor Subcommittee on Health, Employment, Labor, and Pensions.
Civil Rights Committee Report - Bob Davila, PhD and Marylyn Howe, Co-chairs and Julie Carroll, staff
Mr. Davila provided updates and facilitated discussion on the following subjects:
- Next steps following release of ADA Implementation and Impact reports
- NCD provided oral and written testimony on the need for an ADA Restoration Act before the House Judiciary Subcommittee
- NCD testimony highlighting the importance of an ADA Restoration Act to veterans with disabilities was drafted and is pending approval for submission for the record for this hearing
- Senate Health Committee held a hearing on “Protecting the Employment Rights of Those Who Protect the United States.”
- Research recommendations for the 2010 fiscal year
- American currency accessible for people with disabilities
Robert Davila moved that NCD take a position to support requiring equal access to American currency, and that a letter be sent to the White House asking that the Administration withdraw its appeal and move forward to make American currency accessible. Kathy Martinez seconded the motion. Discussion ensued. Chairman Vaughn called the vote by a show of hands. The motion passed by majority vote.
Vote Count:
Yea: Chad Colley, Pat Pound, Victoria Carlson, Lisa Mattheiss, Brenda Wetters, Marylyn Howe, Robert Davila, Anne Rader, Cynthia Wainscott, Kathleen Martinez, Dr Young woo Kang, Lonnie Moore
Recused from discussion and not voting: John Vaughn
Depart for tour of WGBH Television (not part of NCD meeting)
There being no additional discussion, Chairman Vaughn recessed the meeting until the following day as indicated by the agenda.
Meeting recessed at 3:45 pm.
Saturday, December 1, 2007
Members Present: No changes from prior days
Staff Present: Geraldine Drake Hawkins joined the audience. All other NCD staff members previously attending were also present.
Call to Order
Chairman Vaughn reconvened the quarterly meeting of the National Council on Disability, recognizing 13 of 15 members in attendance.
Chairperson’s Welcome - John Vaughn
Chairman Vaughn welcomed membership, staff and guests. Chairman Vaughn provided a summary of the agenda for the quarterly meeting.
Introduction of Council Members, NCD staff and guests
Chairman Vaughn opened up the floor for introduction of members, staff, and guests.
Homeland Security Committee Report - Pat Pound, Chairperson and Michael Collins, staff
Ms. Pound provided updates and facilitated discussion on the following subjects:
- Current plans for Post-Katrina Act funding, Homeland Security Appropriations bill (H.R. 5441). Some of the more notable changes require the FEMA Administrator to coordinate its work with NCD and involve:
- Appointing a Disability Coordinator who will assess the coordination of emergency management policies and practices;
- Interacting with stakeholders regarding emergency planning requirements and relief efforts in case of disaster;
- Revising and updating guidelines for government disaster emergency preparedness;
- Carrying out and testing or evaluating, a national training program to implement the national preparedness goal, National Incident Management System, and National Response Plan, and other related plans and strategies;
- Assessing the Nation's prevention capabilities and overall preparedness, including operational readiness;
- Identifying and sharing best practices, after action reports to participants, and conducting long-term trend analysis;
- Coordinating and maintaining a National Disaster Housing Strategy;
- Developing accessibility guidelines for communications and programs in, shelters, and recovery centers;
- Setting up evacuations standards and requirements, and helping all levels of government in the planning of evacuation facilities that house people with disabilities.
- Contract to complete report on emergency preparedness and people with disabilities
- Pat Pound moved that NCD move forward with a sole source contract with Elizabeth Davis Associates for $100,000. The motion was seconded by Kathy Martinez. Discussion ensued, and the motion passed by unanimous vote.
- Homeland security research
As a result of legislated PKA requirements for FEMA (and DHS), NCD has conducted a number of activities over the past quarter, including:
- Gathering best-practices examples through a public consultation process;
- Participating in TOPOFF4 homeland security exercises;
- Providing comments and analysis to FEMA on the draft National Response Framework;
- Providing comments and analysis to FEMA on the draft National Incident Management System 5-Year Training Plan;
- Providing comments and analysis to FEMA on the draft Emergency Support Functions and Support Annexes;
- Providing comments and analysis to FEMA on the draft National Disaster Housing Strategy;
- Meeting periodically with the Consortium for Citizens with Disabilities Emergency Preparedness Task Force;
- Meeting periodically with various staff from FEMA and DHS/CRCL;
- Conducting NCD Homeland Security Committee meetings to provide guidance and leadership to its PKA-centered work;
- Holding homeland security panel briefings at NCD quarterly Board meetings;
- Participating in external conferences and workshops, as presenters, on the topic of homeland security and people with disabilities (i.e., Chad Colley in Nebraska and John Vaughn in Florida); and
- Participating in scheduled meetings of the federal Interagency Coordinating Committee on Emergency Preparedness for People with Disabilities.
Emerging Trends Committee - John Vaughn, Committee Chair and Michael Collins, Staff
Chairman Vaughn provided updates and facilitated discussion on the following subjects:
- Discussion of process for developing the annual progress report.
- The report shall assess the status to the nation in achieving the policies set forth in Section 482 with particular focus on the new and emerging issues impacting the lives of individuals with disabilities.
- The report shall present as appropriate available data on health, housing, employment, insurance, transportation, recreation, training, prevention, early intervention, and education. The report shall include recommendations for policy change.
- Discussion of research priorities and projects for FY 2008
- Emergency preparedness report
- Developmental Disabilities Assistance and disabilities assistanceBill of Rights Act implementation
- Housing evaluation initiative
- National infrastructure initiative
- Preparation for National disability conference
- Process for identifying emerging trends.
Youth Advisory Committee Report - Victoria Ray Carlson, Council Liaison and YAC members Amy Doherty and Matt Cavedon
Ms. Doherty and Mr. Cavedon elaborated on the following abstract:
- Background of the committee, its purpose and a perspective on group functioning;
- How the committee perceives its role with respect to NCD priorities, and the planned YAC work efforts linked to agency priorities;
- Disability history awareness as an emerging issue
- Emerging issues that affect youth and young adults with disabilities
Ms. Carlson opened the floor for questions and discussion. Discussion ensued about disability history awareness, a character building curriculum, mental illness and the youth report.
Housekeeping” items including Committee Structure and member involvement - John Vaughn, Chairperson
Chairman Vaughn opened the floor for questions and discussion on housekeeping topics. Discussion ensued on the following subjects:
- NCD Web Page
- Pat Pound requested membership to send recommendations and thoughts on the Council’s web site.
Unfinished Business
Discussion ensued around the planning of the quarterly council meeting in New Orleans.
New Business
Discussion ensued about the elimination of the Center for High Risk Outreach from the programs of the National Fire Protection Association. Chairman Vaughn referred the issue of taking a position or writing a letter concerning the elimination of the Center for High Risk Outreach from the programs of the National Fire Protection Association to the NCD Homeland Security Committee.
Adjourn Public Meeting
Victoria Carlson moved to adjourn the quarterly meeting at 11:09 a.m. The motion was seconded by Chad Colley. The motion passed unanimously.
Respectfully Submitted,
Lisa Grubb
Special Assistant
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