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NCD Bulletin
A Monthly Newsletter from the National Council on Disability (NCD)                    

John R. Vaughn, Chairperson
September 2008

NCD30 Years of Disability Policy Leadership—1978–2008

The Bulletin, which is also available at NCD’s Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe to the NCD listserv, go to http://listserv.access.gpo.gov, click on Online mailing list archives, select NCD-NEWS-L, click on Join or leave the list, then complete the short subscription form. Editorial comments can be sent to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).


Historic ADA Amendments Act Enacted: NCD and AAPD Sponsor Celebration

On September 25, President George W. Bush signed into law the historic Americans with Disabilities Act Amendments Act (ADAAA) of 2008 (S. 3406). It will take effect on January 1, 2009. This Act overturns certain U.S. Supreme Court decisions that narrowed the ADA's coverage, which excluded from protection many individuals with disabilities whom Congress intended to cover. NCD laid much of the groundwork for this legislation in our 2004 report, Righting the ADA, http://www.ncd.gov/newsroom/publications/2004/righting_ada.htm. The ADAAA requires, among other things, that a disability be determined in its unmitigated state, and that episodic conditions be evaluated at their worse, not when symptoms are absent. The ADAAA also expressly states that the ADA is to be interpreted broadly to protect anyone who is discriminated against on the basis of a disability.

Following the intense advocacy efforts of an unprecedented alliance of disability and business representatives, the ADAAA passed with overwhelming bipartisan support in the House and by unanimous consent in the Senate. NCD believes that, as a result of this alliance, many more people now have a better understanding of the purpose and scope of the ADA. The ADAAA will reduce the number of incidents of discrimination against people with disabilities, and lead to a more just resolution of disability-discrimination cases.

Following the signing ceremony, NCD and the American Association of People with Disabilities (AAPD) co-sponsored a celebration luncheon that was attended by more than 100 representatives of the disability community and included NCD members Robert Davila, Ph.D., Graham Hill, Young Woo Kang, Ph.D., and Anne Rader. Mike. Collins and Joan Durocher represented the NCD staff. Several members of the community spoke at the event, including Dr. Davila, who thanked past and present leaders and those in attendance for coming together as a political force to win passage and enactment of this historic law.

NCD to Release Report

NCD will release its next report, The Rehabilitation Act: Outcomes for Transition-Age Youth, on the NCD Web site on October 28, 2008 as part of National Disability Employment Awareness Month. The report is a comprehensive assessment of the impact of programs established by the Rehabilitation Act on the employment and postsecondary education outcomes of eligible transition-age youth.

NCD Contracts Awarded

2010 National Summit on Disability Policy

NCD has contracted with New Editions, Inc. to assist NCD with convening a two-day National Summit on Disability Policy in 2010. The purpose of the Summit is to help set a national policy agenda for 2010–2020 designed to improve the quality of life for people with disabilities. Policy papers on issues of critical importance to people with disabilities are being prepared in advance with the cooperation of NCD and its many stakeholder partners, and these papers will be used to establish the tracks for discussion and policy development during the summit. About 400 people are expected to attend and participate in this event. A Council meeting will be held in conjunction with the National Summit.

Workforce Infrastructure

NCD has awarded a one-year contract to Manpower, Inc. to develop a research paper on the status of the United States’ human resources infrastructure supporting people with disabilities. This research paper is envisioned as an intergovernmental review of: (a) existing public and private funding and resources targeted to building and/or strengthening communities’ human services infrastructure; (b) barriers and gaps in services, supports and accommodations needed by Americans with disabilities; and (c) demonstrated approaches to effectively address identified barriers and gaps. A critical part of this study will be recommendations to create a more efficient, effective, and equitable infrastructure of connecting people to the services, supports, and accommodations they need — in an era of shrinking government funding. The recommendations are expected to reflect a broad spectrum of views, including consumers with disabilities. NCD believes this research effort represents a real opportunity to inject systemic, coordinated and progressive infrastructure planning into federal (and state and local) systems, in a community-referenced manner.

Developmental Disabilities Act

NCD recently awarded a contract to Daniels & Associates, LLC. to conduct a one-year study on the implementation, effectiveness, and impact of the programs and services established by the Developmental Disabilities Assistance and Bill of Rights Act and to develop recommendations for improvements that will enhance the quality of life and opportunities for people with developmental disabilities. The full title for the project is: Developmental Disabilities Assistance and Bill of Rights Act: Implementation Evaluation and Recommendations for Reauthorization.

Federal Employment of People with Disabilities

NCD has contracted with New Editions, Inc. to complete a research paper examining the employment of people with disabilities in the Federal Government and develop recommendations for improving their employment rate in the federal work force. The paper will be released in January 2009.

International Update

NCD staff met with a delegation from Disability Action of Northern Ireland on September 16 and attended a reception sponsored by the Embassy of Ireland. Senator Tom Harkin was the keynote speaker at the reception. Disability Action works to ensure that people with disabilities attain their full rights as citizens, by supporting inclusion, influencing government policy and changing attitudes in partnership with people with disabilities. Disability Action is unique in its work, as it is the only Northern Ireland-wide cross-disability organization working with all people with disabilities. NCD staff discussed U.S. disability policy, and provided information regarding the United Nations Convention on the Rights of People with Disabilities.

On September 3, a delegation of students from South Korean visited the United States as part of a cultural program sponsored by the Korean Society for Rehabilitation of Persons with Disabilities. The delegation met with NCD staff members Joan Durocher, Julie Carroll and Mike Collins for a disability rights briefing.

Late in September, NCD senior attorney Joan Durocher and executive director Mike Collins attended the Easter Seals Project Action international disability roundtable sponsored by the Department of Transportation in Crystal City. At that meeting they had an opportunity to interact with disability leaders from several countries and to share their common concerns regarding accessible transportation, especially as it impacts developing countries.

NCD Quarterly Meetings

NCD’s fall quarterly meeting will be held October 6–8, 2008, at the Hyatt Regency Crown Center, 2345 McGee Street, Kansas City, Missouri. This meeting is open to the public. Times are designated for public comment, supported by a toll-free call-in line, and public input is encouraged and greatly appreciated. Written comments can also be provided by e-mail (ncd@ncd.gov), fax (202-272-2022), or mail (NCD, 1331 F Street, NW, Suite 850, Washington, DC 20004). The agenda can be found at www.ncd.gov.

Public comment sessions will be held Monday, October 6 from 9:00 a.m. until 9:30 a.m. Central Time and on Tuesday, October 7 from 4:30 p.m. until 5:00 p.m. Central Time. The toll-free call-in number is 1-800-475-4948, and the pass code is “NCD Meeting.” A reception will be held at the hotel for meeting participants, audience members, and stakeholders from the disability community on Tuesday, October 7 from 5:00 p.m. to 6:30 p.m., immediately following our session for the day.

In carrying out our mission, NCD believes it is vital to hear from communities around the country on what works and what does not for people with disabilities. The agenda includes sessions on emergency preparedness, healthcare, employment, and several other subjects of interest to the disability community.

NCD’s winter meeting will be January 12–14, 2009, at the Chaparral Suites Resort in Scottsdale, Arizona.

BREAKING NEWS!

As this issue of the Bulletin was going to press, we learned that the Senate has confirmed eight members of NCD and it is expected that the President will sign their commissions within the next few days. Five current members are being reappointed, and three new members will join the Council. For complete information about this, please check out the breaking news section on the NCD website at www.NCD.gov.

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