Report on Disability Law articles from May 2005

Report on Disability Law archives from May 2005

Medicaid budget cuts.(SLANTS & TRENDS)(Brief Article)
May 1, 2005... MEDICAID BUDGET CUTS are "the administration's back-door way to force the states to accept either block grants or caps," Bob Kafka, national organizer for ADAPT, told RDL. The administration's proposal to take $10 billion from...

Social security reforms.(SLANTS & TRENDS)(Brief Article)
May 1, 2005... SOCIAL SECURITY REFORMS must ensure that people with disabilities continue to receive their full benefits, Sen. Tom Harkin (D-Iowa) asserts. Harkin cites a new Center on Budget and Policy Priorities report that found the Bush administration's...

NCD study cites need to improve emergency preparedness plans.(National Council on Disability)
May 1, 2005... The events of Sept. 11, 2001, should have created widespread change in emergency evacuation procedures and disaster preparedness for persons with disabilities, but this has not been the case, the National Council on Disability concludes after...

ED quick to protest NEA suit on NCLB unfunded mandates.(National Education Association)
May 1, 2005... Several school districts, state education associations and the National Education Association filed the first-ever national lawsuit to force the Bush administration to pay the costs of implementing No Child Left Behind rules. NEA President Reg...

NCLB Reform Legislation introduced.(No Child Left Behind Reform Act)
May 1, 2005... Sen. Tim Johnson (D-S.D.) is backing legislation by Sen. Chris Dodd (D-Conn.), S. 724, the No Child Left Behind Reform Act. Johnson's office said "the bill provides much needed flexibility." It said the president's FY 2006 budget would...

ED issues guidance for states on new flexibility under NCLB.(Education Department)(No Child Left Behind)
May 1, 2005... The Education Department has fleshed out its revised No Child Left Behind policy and sent guidance to chief state school officers on the changes, designed to give states more alternatives and flexibility (RDL, April, p. 33). Eligible...

AAPD, others file amicus curiae briefs in Maryland idea disabilities case.(American Association of People with Disabilities)(Schaffer v. Weast, Montgomery County Public Schools, No. 04-698; RDL, March, p. 22)(Brief Article)
May 1, 2005... The American Association of People with Disabilities and other organizations have filed an amicus curiae brief in a suit involving a Maryland child under the Individuals with Disabilities Education Act (Schaffer v. Weast, Montgomery County...

Tennessee school board considering IDEA case appeal to Supreme Court.(Deal v. Hamilton County Board of Education, No. 03-5396)(Brief Article)
May 1, 2005... A Hamilton County, Tenn., school board has decided to appeal a case under the Individuals with Disabilities Education Act to the Supreme Court, while continuing to work on a settlement of the case with the family of an autistic child. In...

School districting is no excuse for avoiding IDEA obligations.(Case Law)(Casey K. v. St. Anne Community High School, March 8, 2005 7th U.S. Circuit Court of Appeals, No. 04-3195)
May 1, 2005... Casey K. v. St. Anne Community High School, March 8, 2005 7th U.S. Circuit Court of Appeals, No. 04-3195 In a suit brought under the "stay put" provisions of the Individuals with Disabilities Education Act, the 7th Circuit held that the...

5th Circuit finds IDEA, rehab funds bar states from lawsuit immunity.(Pace v. Bogalusa City School Board, March 8, 2005 5th U.S. Circuit Court of Appeals No. 01-31026)(Brief Article)
May 1, 2005... Pace v. Bogalusa City School Board, March 8, 2005 5th U.S. Circuit Court of Appeals No. 01-31026 The state of Louisiana waived its 11th Amendment immunity from suit under the Individuals with Disabilities Education Act and the...

Social Security Administration cannot retroactively drop disabling impairment.(Combs v. Commissioner of Social Security, March 9 6th U.S. Circuit Court of Appeals No. 04-5275)(Brief Article)
May 1, 2005... Combs v. Commissioner of Social Security, March 9 6th U.S. Circuit Court of Appeals No. 04-5275 The Social Security Administration cannot retroactively drop obesity as a disabling impairment, the 6th Circuit has ruled. SSA does not have...

IDEA covers expert testimony payment in addition to paying attorneys' fees.(Murphy v. Arlington Central School District 2nd U.S. Circuit Court of Appeals, March 29, 2005 No. 03-7850)(Brief Article)
May 1, 2005... Murphy v. Arlington Central School District 2nd U.S. Circuit Court of Appeals, March 29, 2005 No. 03-7850 Parents may collect fees to recover costs for amounts paid to experts who testified in an Individuals with Disabilities Education Act...

Supreme Court watch.(WMATA v. Barbour, No. 04-748 Appeal from the D.C. Circuit)(Washington Metropolitan Area Transit Authority )
May 1, 2005... The U.S. Supreme Court has declined review of the following appeals: WMATA v. Barbour, No. 04-748 Appeal from the D.C. Circuit Issue: Did the Washington Metropolitan Area Transit Authority waive immunity under the Rehabilitation Act by...

Money follows the person.(Legislative Update)(Brief Article)
May 1, 2005... MONEY FOLLOWS THE PERSON. Sen. Tom Harkin (D-Iowa) and several co-sponsors have introduced legislation (S. 528) for a one-year Money Follows the Person demonstration. The Department of Health and Human Services would provide grants to states to...

Budget.(Legislative Update)(Brief Article)
May 1, 2005... BUDGET. Congress has approved a FY 2006 budget resolution--a blueprint for the authorizing committees to determine spending--on close votes in the Senate (52-47) and the House (214-211). H.Con.Res. 95 calls for reducing future growth in...

Mediation.(Briefly Noted)(Brief Article)
May 1, 2005... MEDIATION. The U.S. Equal Employment Opportunity Commission, National Council on Disability and the U.S. Department of Justice have two new publications on how people with disabilities can access mediation for equal employment opportunity...

Special education.(Briefly Noted)(Brief Article)
May 1, 2005... SPECIAL EDUCATION. The Fischler School of Education and Human Services at Nova Southeastern University offers a new online master's degree specialization in cognitive and behavioral disabilities. It is designed to increase the number of...

Medicare/Medicaid.(Briefly Noted)(Brief Article)
May 1, 2005... MEDICARE/MEDICAID. The Kaiser Family Foundation has new guides for people with disabilities about Medicare and Medicaid. Go to: www.kff.org/medicare/med020705pkg.cfm.

No Child Left Behind.(Briefly Noted)
May 1, 2005... NO CHILD LEFT BEHIND. The U.S. Bureau of Indian Affairs has issued its final rules for implementing the No Child Left Behind Act of 2001. The rules define adequate yearly progress, establish geographic attendance areas for BIA-funded schools,...

Research dissemination.(Briefly Noted)
May 1, 2005... RESEARCH DISSEMINATION. Disability advocates have until June 6 to make their comments on a National Institute on Disability and Rehabilitation Research proposal to fund a National Center for the Dissemination of Disability Research "to serve as...

Rehabilitation.(Briefly Noted)
May 1, 2005... REHABILITATION. The Education Department is seeking comments on its proposal to set a funding priority under the Rehabilitation Research and Training Centers program that would focus on children with disabilities and special health care needs....

Rehab centers.(Briefly Noted)
May 1, 2005... REHAB CENTERS. The Education Department's National Institute on Disability and Rehabilitation Research has approved the following three priorities for its Rehabilitation Engineering Research Centers: Technologies for Children with Orthopedic...

Financial planning.(Briefly Noted)
May 1, 2005... FINANCIAL PLANNING. Parents often fail to plan for the future financial security of their children with special needs, concludes a survey conducted for Metlife's Division of Estate Planning for Special Kids. Children with disabilities often...

Supportive housing.(Funding Opportunities)
May 1, 2005... The Department of Housing and Urban Development extends the due date for Section 811 supportive housing for the disabled applications (RDL, April, p. 40). The deadline is June 10, not May 24. Contact: Frank Tolliver, (202) 708-3000; or see the...

Technology and Media Services.(Funding Opportunities)
May 1, 2005... The Education Department's Office of Special Education and Rehabilitative Services is seeking FY 2005 applications for its Technology and Media Services for Individuals with Disabilities program to improve results for children with...

Help America Vote Act.(Funding Opportunities)
May 1, 2005... The Administration on Developmental Disabilities at the Department of Health and Human Services offers training and technical assistance under the Help America Vote Act to help protection and advocacy systems establish or improve voting access...

Developmental Disabilities Education.(Funding Opportunities)
May 1, 2005... The Administration on Developmental Disabilities offers grants to expand the National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service. Preapplications are due June 8; final...

Television Access.(Funding Opportunities)
May 1, 2005... The Education Department invites applications for FY 2005 awards for Technology and Media Services for Individuals with Disabilities-Television Access. The goal is to improve education results for children with disabilities by promoting the...

Rehabilitation Act.(Funding Opportunities)
May 1, 2005... The Education Department's National Institute on Disability and Rehabilitation Research invites applications for FY 2005 Rehabilitation Engineering Research Centers to improve the effectiveness of services authorized under the Rehabilitation...

Children with Disabilities.(Funding Opportunities)
May 1, 2005... The Education Department offers FY 2005 funds for Training and Information for Parents of Children with Disabilities. It has $1 million for 10 awards averaging $100,000 for Community Parent Resource Centers. Applications are due May 20, 2005....

Disability Rehabilitation Research Projects.(Funding Opportunities)
May 1, 2005... The National Institute on Disability and Rehabilitation Research seeks applications for Disability Rehabilitation Research Projects for activities to maximize the full inclusion and integration of individuals with disabilities into society and...

Fetal Alcohol Syndrome.(Funding Opportunities)
May 1, 2005... The Centers for Disease Control and Prevention seeks applications for Interventions for Individuals with Fetal Alcohol Syndrome Transitioning Science to Community Projects. Goals include 1) improving developmental outcomes, 2) preventing...

Assist persons with disabilities.(Funding Opportunities)
May 1, 2005... The Education Department's Office of Special Education and Rehabilitative Services seeks applications for Rehabilitation Short-Term Training Client Assistance Program. Projects must support advocacy training on skills and knowledge to assist...

Bus Accessibility.(Funding Opportunities)
May 1, 2005... The Federal Transit Administration offers FY 2005 funding for Over-the-Road Bus Accessibility Program Grants. Applications are due June 6, 2005. Contact: Blenda Younger, (202) 366-2053, TDD: (800) 877-8339, blenda.younger@fta.dot.gov; or see...

National Organization on Disability.(People in the News)(appoints Michael Deland)(Brief Article)
May 1, 2005... Michael Deland, chairman of the board of the National Organization on Disability, has been named president, following the retirement of Alan Reich.

Jan Tuck, head of the accessibility compliance program at Princess Cruises, has been elected chair of the Access Board.(People in the News)(Brief Article)
May 1, 2005... Jan Tuck, head of the accessibility compliance program at Princess Cruises, has been elected chair of the Access Board. President Bush has appointed four new members to the Access Board: Tricia Mason, a community programs specialist for the...