National Council on Disability
Quarterly Meeting
July 25, 2006
Embassy Suites Crystal City
Arlington, VA

MEMBERS                                                  
Lex Frieden, Chairperson                                
Pat Pound, First Vice Chairperson                  
Glenn Anderson, Ph.D., Second Vice Chairperson
Milton Aponte, J.D.
Robert Davila, Ph.D.
Barbara Gillcrist
Graham Hill
Young Woo Kang, Ph.D.
Kathleen Martinez
Carol Novak
David Wenzel
Linda Wetters

MEMBERS (ABSENT)
Joel I. Kahn, Ph.D.
Marco Rodriguez

STAFF                                                                                  
Martin S. Gould, Ed.D., Acting Executive Director                   
Jeff T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Gerrie Hawkins, Ph.D., Senior Program Analyst
Julie Carroll, Senior Attorney Advisor
Joan Durocher, Senior Attorney Advisor
Allan Holland, Chief Financial Officer
Mark Seifarth, Congressional Liaison
Brenda Bratton, Executive Assistant
Carl Nelson, Secretary

STAFF (ABSENT)         
Stacey S. Brown, Staff Assistant

GUEST
Kathy Brill, parent of a child with a disability

CALL TO ORDER
Chairperson Lex Frieden called the meeting to order at 9:00 a.m.

ACCEPTANCE OF THE AGENDA
Motion 1
Ms. Pound moved that the Council accept the agenda as presented. Passed.

APPROVAL OF MINUTES
Motion 2
Ms. Pound moved that the Council accept the minutes from the March quarterly meeting with the changes suggested by Ms. Novak. Passed.

CHAIRPERSON’S REPORT
Action Items
FY 2008 Budget Request Approval
Mr. Wenzel said that the Council will submit its FY 20008 budget request to the Office of Management and Budget (OMB). The Executive Committee has approved the request.

Motion 3
Mr. Wenzel moved that the full Council approve the FY 2008 budget request. Passed.

Progress Report
Dr. Anderson said that the progress report has been completed and distributed to the staff and the full Council. No feedback was received.

Motion 4
Dr. Anderson moved that the Council approve the progress report. Passed.

International Watch Vote for Renewal
Ms. Martinez said that the charter for the International Watch Advisory Committee expires in September 2006.

Motion 5
Ms. Martinez moved that the Council extend the International Watch Advisory Committee’s charter for two years. Passed.

New Member and Staff Transition Discussion
Mr. Frieden reported a slowdown in the process of replacing members of the Council.

Four members are due to be replaced: Mr. Frieden, Carol Novak, Joel Kahn, and David Wenzel. It is not certain when the four new members will be confirmed.

To ensure a smooth transition for the new Council members and the new executive director, Mr. Frieden has worked with the various committees on transition issues, especially those related to personnel and finance. He said these committees should be able to function almost independently until a new chairperson is appointed and while the new executive director becomes familiar with the process.

Mr. Frieden said it is important that Mr. Aponte remain the chair of the Personnel Committee, especially during the transition period, and asked the Council to choose a new member to replace Dr. Kahn, who has been a very valuable member. He said staff have been very helpful during the transition–they understand the process, as they have been through it before.

Mr. Aponte said that the Personnel Committee has worked with advisors and with the personnel office at GSA to put together a position description for the executive director. The vacancy announcement will be completed within the next 20 days and circulated nationwide. At that time, Mr. Frieden said, the Search Committee will be announced. It will include Dr. Anderson and Mr. Aponte, as well as several outside advisors.

For now, Mr. Frieden said, Dr. Gould has assumed the role of acting executive director for six weeks. When his tenure is completed, Mr. Quigley will assume the role for six weeks.

Mr. Frieden said that he has greatly appreciated the teamwork of Mr. Rosen, Mr. Quigley, and Dr. Gould as they have worked together through some difficult issues and provided advice and guidance to one another and to the chair in this transitional period. At the same time, he noted, Mr. Quigley has also been finalizing the logistics for the ADA Seminar scheduled for July 26.

Mr. Frieden said he asked Council members to make recommendations for a Chairperson’s Award for “outstanding contributions to improvement of disability policy in the United States.” So far, the following people have received the award: Kathy Rhodes, Lisa Mancini, Lori Sweeney, Shea Mueller, Mia Oberlink, Christine Pagano, Kari Dominguez, Michael Winter, Larry Roffee, and Kathy Brill. Steve Mendolsohn and Dr. Robert Burgdorf will also receive this award at the ADA Seminar.

Mr. Frieden gave each Council member and staff member a reproduction of the ADA eagle that appears on the cover of Toward Independence, the Council’s first report, which was released in January 1986.

EXECUTIVE COMMITTEE REPORT
Ms. Pound said that the committee has approved contracts related to disability data and educational outcomes, as well as the kiosk paper and other items regarding report releases. She said the committee has been concentrating on transition issues.

EXECUTIVE DIRECTOR’S REPORT
Dr. Gould thanked the staff for their hard work during the transition period.

Work Plan Update
Dr. Gould said that weekly staff meetings have been conducted to allow for discussion among the various working units; these meetings allow the team to share information and deal with issues. Council members are welcome to attend the meetings.

He said that support staff have requested periodic meetings to address items of importance to them. The support staff provide a vital function and in many instances are the unsung heroes of the office. This area can also be a bottleneck for some of the Council’s work, if everyone is not mindful of the flow of work to the support staff.

Communications Update
Mr. Quigley said that working with federal staff and partners to organize the July 26 ADA Seminar was a very positive experience. He said that the program has been posted on the FTP site and is included in Council members’ notebooks.

Registration for the seminar will begin at 8:00 a.m. on July 26. The Continental Color Guard will appear, and Gordon Mansfield, deputy secretary of Veterans Affairs, will be the keynote speaker. Three sets of panels will include top-level officials who work on disability programs in the Bush administration, as well as representatives from the disability community.

The surgeon general will submit an updated call for action for disability, and the Centers for Medicare and Medicaid Services will also make an announcement.

Mr. Quigley said he is waiting to hear from C-span and several other media outlets regarding coverage. Other agencies were asked to get media coverage. He said the room has a seating capacity of 400 on the accessible first level and an additional 100 on the second level, which is not handicap accessible.

Legislative Update
Mr. Seifarth reported that the Senate Appropriations Committee passed several subcommittee bills last week. The amount designated for the Council mirrored the amount set by the House of Representatives: $3,180,000. This is $408,000 more than OMB proposed.

Mr. Seifarth noted that the appropriations bill has not yet passed the full committee. He said there will probably be a 1 percent cut across the board. Also, he expressed concern about the Council’s ability to work with the administration to keep these budget figures in FY 2008.

Mr. Rosen said that in the past the Council has gotten a very low passback from the administration. The Council received approximately $2.7 for FY 2007. In the last two budget cycles, the agency was able to get an increase of funding from the Senate, but the current environment of limited earmarks makes that impossible this year.

Mr. Rosen said that Ms. Rader, Mr. Hill, and some staff members visited House offices to solicit their help in increasing the agency’s budget. The representatives said it would be rather hard to increase funding over what we received from the administration.

FINANCE COMMITTEE REPORT
Mr. Wenzel reported that the agency is on track for FY 2006. He said the Finance Committee met two weeks ago. He added that he and Mr. Frieden are looking forward to contacting and possibly arranging a meeting with White House advisor Lucas D. Boyce regarding the Council’s future budgets.

TEAM REPORTS

Employment
Ms. Wetters reported that, as part of the employment project, the committee is moving ahead with issue papers, environmental scans, focus groups, and forums. The committee reviews progress in each of these areas in its monthly teleconference.

Ms. Wetters said that the Business Advisory Committee has met once and will conduct its second meeting by teleconference on Friday. She said that the deadlines have been moved back for release of some of the reports and for the focus groups. It is anticipated that the project will be completed by the end of the calendar year. She said that Council members should be able to review the last two issue briefs shortly. To remain on target to meet deadlines, the committee is reviewing project deliverables via teleconference.

ADA
Dr. Davila said that the committee has been reviewing ADA impact and implementation studies. The impact study by Dr. Peter Blanck and his staff at the University of Iowa is in its final phase and is scheduled to be completed by the end of August. The committee has reviewed a first draft of the implementation study being done by the Disability Rights Education and Defense Fund (DREDF).

Dr. Davila said that the ADA team has discussed dissemination and timing. He had hoped that  the implementation study would be released to Congress before the election; however, it may not be ready until October. This will allow only limited time for Congress to review it and for people with disabilities to make suggestions and pursue them with their candidates for office.

Dr. Davila said that the community has decided to support an ADA Restoration Act. The Consortium of Citizens with Disabilities (CCD) has agreed that now is the time to move forward, and that NCD should write the proposal.

Health Care
Ms. Novak said that the report on livable communities has been approved for publication. The release is scheduled for late September or early October at the National Press Club.

She mentioned recommendation number 4 of the report (using grant funds)–this is the approach she has been recommending for years. She said the goal should be for CMS, the Social Security Administration, and the Departments of Labor, Commerce, Health and Human Services, Housing and Urban Development, and Transportation to offer a consolidated livable communities initiative. She wants to gather people from a fragmented system into a coordinated, person-centered system. She said that we need to make it possible for people with disabilities to have life work, regardless of their geographic location, ethnicity, background, or economic capability, and that we need to get these supports lined up so people can learn enough to live a decent life with dignity.

Progress Report Team
Dr. Anderson said that the team is preparing for the next progress report, which will be released in August 2007.

Mr. Rosen said some funds remained at the end of the fiscal year; these were allocated to the Council’s essential needs.

Financial Incentives Team
Ms. Novak said that the team is addressing the financial disincentives to work that are embedded in public policy. The contractors for the report have developed possible strategies that would modify entitlement policy to encourage people with disabilities to work, preserve income, and build assets.

Ms. Novak said the team has discussed the modification of tax policy from the angle of incentives to business to hire and promote qualified people with disabilities. Tax policy could also be modified to better support people with disabilities, for whom working may involve extraordinary expenses. Another strategy is to enhance community-based incentives.

The team’s recent teleconference focused on coordination of job-related accommodations. The Department of Defense Computer/Electronic Accommodations Program (CAP) could be a model for coordinating accommodations to enable people with disabilities to be employed. Ms. Novak said that the contractors will work with Dr. Carl Harvey, an economist who has extensive experience in cost-benefit analyses in the human services sector, including research and publications on the economic impact of spinal cord injury and other disabilities.

Ms. Novak said that NCD’s model should show that people across the disability severity spectrum offer a range of potential for participation in the economy. The model will show that people with disabilities are employed and employable with appropriate supports and that, given the opportunity, they are as productive as others in the economic system.

Ms. Novak said that the model will have to avoid language that suggests the elimination of government support and will have to address the limits on full self-sufficiency for people with severe disabilities.

Mr. Rosen said that the team has discussed the definition of financial incentives with the contractors. This definition will be included in the report. The team has also determined the major topics on which the report will focus.

Disability Data and Statistics
Dr. Gould, presenting for Dr. Kahn, reported that the Council received five submissions for a research opportunity entitled “National Disability Performance Indicators and Data.” Three external reviewers evaluated the proposals and submitted their comments in May. The team identified the top two proposals and posed five additional questions to each to clarify key issues. On the basis of the responses, the Council chose Cornell University.

A pre-award meeting was held on June 28. On June 29, NCD transmitted a draft cooperative agreement to Cornell University for its review and consideration.

Educational Outcomes
Ms. Pound reported that the Council received only one proposal for a new report on evidence-based educational outcomes for students with disabilities. The proposal was from the same contractor that completed the Council’s first report on the topic Improving Educational Outcomes for Students with Disabilities (2004), and the expert reviewers said it was a good proposal. The Executive Committee posed a few additional questions before approving the contractor.

ADVISORY COMMITTEE REPORTS

Cultural Diversity Advisory Committee (CDAC)
Mr. Aponte noted that the committee has some new members and has been busy providing input on the recent legislation regarding the voting rights bill, which is awaiting the president’s signature.

Mr. Rosen said that the Council was timely with its input to Congress. He added that the new committee members are familiar with NCD’s work and are enthusiastic about making a contribution. He noted that CDAC members can be involved as reviewers of proposals and drafts, and on project advisory committees. He recommended ongoing communication with CDAC members to enable them to contribute to the work of the Council.

International Watch
Ms. Martinez thanked the Council for extending the committee’s charter for two more years. She said the committee has been busy developing a side event for the August 22 Eighth Annual Meeting of the Ad Hoc Committee, United Nations. The event is being co-sponsored by Mental Disability Rights International and is entitled“Practical Discussions on Implementation in the United States and Other Countries.” It is a presentation of how laws are implemented and monitored. The presentation will focus on a variety of perspectives, including those of developing countries and the human rights perspective.

Ms. Martinez said the committee had met twice since the last full Council meeting and continues to work with the State Department and USAID.

UNFINISHED BUSINESS
None at this time.

NEW BUSINESS
Mr. Wenzel quoted a statement made by George H. W. Bush at the ADA anniversary celebration in July 2005: “I can’t say it as well as my long-term friend Lex Frieden, but millions of Americans who were denied access to the American dream are now full partners in our society.”  An award was signed by NCD members and staff, and presented to Mr. Frieden.

ANNOUNCEMENTS
Mr. Frieden said that the Youth Advisory Committee would meet with the Council members at 1:30 p.m. He emphasized the importance of providing these committee members with moral support and offering them every opportunity to share what they are doing.

ADJOURNMENT
The meeting adjourned at noon.