Print Friendly VersionSeptember 2006, Issue 105
ADVOCACY ACTION NEWS
September 2006, Issue 105
FEDERAL/NATIONAL
WISCONSIN
LOCAL
ON THE WEB
Monthly News Bulletin Published by IndependenceFirst
VOTING
IndependenceFirst is encouraging people with disabilities to sign up as poll workers for election day! Below is the information for the City of Milwaukee. If you live in another municipality, check with them on their need!
BECOME A COMMUNITY LEADER- CLIMB ABOARD MILWAUKEE'S ELECTION CONNECTION
In order to ensure convenience and accessibility, Milwaukee's Election Commission operates over 200 neighborhood-based polling sites on Election Day. In order to keep these sights running smoothly and effectively, the Election Commission relies on the support of over 1,400 highly dedicated Election Day workers.
Responsibilities: Conducting assigned duties at a polling site on Election Day. Duties can include issuing ballots to registered voters, registering voters, or monitoring the voting machine.
Hours of Work: Poll workers can work a full day, from 6:30 a.m. until approximately 9:00 p.m., or a split shift from 6:30 a.m. until 2:00 p.m. or 1:30 p.m. until 9:00 p.m.
Training Requirements: Poll workers are required to attend a comprehensive two hour training course prior to each Primary election. This training provides all of the necessary information and knowledge to be a successful poll worker. Length of Commitment: Poll workers are asked to make a minimum two year commitment. However, committing to one election cycle (Primary/General) is appreciated. Assigned Site: Every effort is made to assign a poll worker to their neighborhood voting site. However, poll workers must be willing to be flexible and consider assignments at a nearby sites. Compensation: Poll workers are compensated at $84.15 for working a full day - or $42.08 for working a split shift and $15 for attending the required training session.
Specific Qualifications:
• Strong clerical skills;
• Ability to solve problems;
• Effective communicator;
• Citizen of the United States;
• Resident of the City of Milwaukee;
• Able to speak, read, and write fluently in the English language;
• Not be a candidate for any office at the elections.
For more information or to request an application, contact the Election Commission at 414-286-3491 (V/Relay).
[Source: From the City of Milwaukee’s website (http://www.ci.mil.wi.us)]
FEDERAL/NATIONAL
People With Disabilities are Entitled to Receive Separate Food Stamp Benefits
A mother and her adult daughter who live together are eligible to receive separate food stamp benefits, even though the daughter needs help to shop for and prepare her own food, pursuant to a stipulation signed by the federal Food and Nutrition Service (FNS).
Catherine Carter and her mother had lived together and collected a single set of Food Stamp benefits. Catherine, who has cerebral palsy, applied for her own Food Stamps account, which, if approved, would have produced roughly $50 in additional Food Stamps each month. The Alabama Department of Human Resources (DHR) and FNS denied her application on the ground that she was unable to shop for or prepare her own food. Represented by LSC grantee Legal Services Alabama, Carter appealed the decision in federal court, alleging that the denial violated the Food Stamp Act, the Americans with Disabilities Act, and the equal protection and due process clauses of the federal Constitution. FNS, which administers the Food Stamp Program under the U.S. Department of Agriculture, stipulated that Carter is, in fact, entitled to a separate Food Stamps account and retroactive benefits. In addition, on June 12, 2006, FNS issued a memo directing Food Stamp administrators not to deny separate Food Stamp benefits to people with disabilities on the basis of their inability to prepare food for themselves.
[Source: Email from Larry Gardella, Director of Advocacy, Legal Services Alabama, June 27, 2006; Carter v. Walley, Amended Complaint, No. 2:06-cv-272-WKW (M.D. Ala.); also based on original reporting by Brennan Center staff.]
$1.75 Billion in Funding for Community Based Services
Advocates had more than usual to celebrate on the anniversary of the passage of the Americans with Disabilities Act (ADA) this year, with the unveiling of the Money Follows the Person (MFP) Rebalancing Demonstration Grant" on July 26th. MFP was unveiled during a panel discussion on the Surgeon General's Call to Improve Health and Wellness of Persons with Disabilities as well as on a nationwide teleconference with disability advocates.
Centers for Medicaid and Medicare Services (CMS) Administrator Dr. Mark McClellan called Money Follows the Person "the most important program for people with disabilities in decades", and called on disability advocates to make the case to policymakers in their states that they need to apply for MFP in order to secure the resources and avail themselves of this opportunity to address the institutional bias in Medicaid long-term care funding.
"This is a great birthday present on this the 16th Birthday of the ADA," said NCIL Executive Director John Lancaster who participated in the teleconference. Enacted as a part of the Deficit Reduction Act (DRA) of 2005, MFP represents a comprehensive, coordinated strategy to assist States, in collaboration with stakeholders, to make widespread changes to their long-term care support systems. With the experience of the Real Choice Systems Change grants as a foundation, this initiative will assist States in their efforts to reduce their reliance on institutional care while developing community-based long-term care opportunities, enabling the senior citizens and people with disabilities to fully participate in their communities.
"NCIL has been advocating for decades for people with disabilities to be integrated in the community.it's been a long struggle," NCIL President Kelly Buckland said. "In 2004 alone, Centers for Independent Livings nationwide were able to successfully transition 2,500 people out of nursing homes and prevent more than 20,000 from entering an institutionalized setting. With the additional support of Money Follows the Person, these numbers are sure to increase dramatically in the coming years."
Recent statistical data backs up this assertion. Across the nation, 287,098 or 20.5% of all people in nursing homes have said they would prefer to reside in the community. The Congressional Budget Office (CBO) estimates that Money Follows the Person may assist as many as 100,000 persons with disabilities and seniors to return to the community.
A copy of the "2006 Money Follows the Person Rebalancing Initiative Demonstration Program," including the application forms, can be obtained at www.grants.gov or http://www.cms.hhs.gov/NewFreedomInitiative/downloads/MFP_2007_Announcement.pdf.
[Source: WhAM, the Advocacy Newsletter of the National Coalition of Independent Living Centers (NCIL)]
New Bill Improves Medical Access for People with Disabilities
Senator Tom Harkin (D-IA) introduced legislation to establish accessibility standards for medical diagnostic equipment and to create wellness grants to fund health programs that focus on individuals with disabilities. For too long, inaccessible equipment has led to individuals with disabilities having serious conditions that remain undiagnosed and untreated, leading in turn to worse health outcomes.
Harkin's "Promoting Wellness for Individuals with Disabilities Act of 2006" (S 3717), also creates a National Advisory Committee on Wellness for Individuals with Disabilities. This board would set priorities, review grant proposals, make recommendations for funding, and evaluate the progress of the program.
In addition, the legislation requires medical and dental schools, along with their residency programs, to increase training to improve competency and clinical skills in providing care to people with disabilities.
The wellness grant program established in the legislation would help fund programs for smoking cessation, weight control, nutrition and fitness centered around people with disabilities, such as; preventative health screening programs, and athletic or sports programs that provide individuals with disabilities an opportunity to increase their physical activity.
[Source: WhAM, the Advocacy Newsletter of the National Coalition of Independent Living Centers (NCIL)]
National Council on Disability Makes Recommendations to Improve Emergency Preparedness and Response Plans for People with Disabilities in 2006 Hurricane Season
The National Council on Disability (NCD) released The Impact of Hurricanes Katrina and Rita on People with Disabilities: A Look Back and Remaining Challenges, a guide for the President, Congress, and other emergency planners to develop inclusive emergency preparedness and response plans.
NCD offers findings and recommendations on the impact of Hurricanes Katrina and Rita on people with disabilities to guide the President, Congress, and other emergency planners to develop inclusive emergency preparedness and response plans.
Based in part on its eerily prophetic 2005 report Saving Lives: Including People with Disabilities in Emergency Planning (http://www.ncd.gov/newsroom/publications/2005/saving_lives.htm) that preceded the disaster, and on data emerging in the storms’ aftermath, NCD believes there is ample basis for believing that suffering was proportionally greater for people with disabilities than it need have been.
For more information or to obtain a copy of the paper, please contact Mark S. Quigley at 202-272-2004 (V/Relay).
[Source: NCD Press Release]
National Federation of the Blind Hails Passage of Bill to Help Fund Braille Literacy Campaign
On July 27, President George W. Bush signed into law the Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act, introduced by Representative Robert W. Ney (R-Ohio), Housing and Community Opportunity Subcommittee Chairman. H.R. 2872 commemorates the 200th anniversary of the birth of Louis Braille, who created the raised-dot system of reading and writing for the blind that bears his name. It calls for the Secretary of the Treasury to issue up to 400,000 silver-dollar coins commemorating this bicentennial anniversary. The bill is part of a larger campaign initiated by the National Federation of the Blind (NFB) to encourage Braille literacy among blind youth.
A definite correlation exists between Braille literacy and employment rates among the blind, proving that Braille literacy is a vital pathway to success. Over 80% of employed blind or visually impaired adults report using Braille every day, but the number of blind or visually impaired students learning Braille has been decreasing. Today, only 10% of blind or visually impaired students learn to read and write Braille.
Under the new legislation a $10 surcharge will be added to each coin. Money from coin sales goes to the NFB, which will then match the proceeds dollar for dollar through other fundraising activities.
The NFB fosters Braille literacy by offering mentoring programs in which experienced Braille readers teach and encourage beginners. NFB also offers education for children, research in effective methods for teaching and learning Braille, and formal instruction in its residential training centers. The Federation emphasizes Braille literacy throughout its programs and services.
Louis Braille, born in 1809 in France, was blinded as a young child during an accident in his fathers workshop. His thirst for knowledge and love of reading fostered his determination to create an efficient reading system that could be inexpensively reproduced in book form. The resulting Braille reading method used different formations of six distinct raised dots to denote different letters. Because of Louis Brailles contributions, Braille readers today can read up to 400 words per minute, or more, comparable to the reading rates of most sighted people.
The coins, which go on sale in 2009, will emphasize Braille literacy by featuring Louis Brailles image and raised dots that spell out Brl, the Braille contraction for the word Braille. This will be the first coin ever minted by the United States Treasury with a Braille symbol. To learn more about the Louis Braille commemorative coin, Braille literacy campaigns, or for general information, contact the NFB at (410) 659-9314, or visit http://www.nfb.org.
Study Finds Youths with Disabilities Overrepresented in Juvenile Justice System
A recent study released by the National Association of State Directors of Special Education (NASDE) finds that youths with disabilities are significantly overrepresented within the juvenile justice system. At least 37% of incarcerated youths are eligible for services under the Individuals with Disabilities Education Act (IDEA), compared with less than nine percent of the overall public school population. For a description of state infrastructures and initiatives for serving students with disabilities who are already in the juvenile justice system or, at risk for entering the system: see Juvenile Justice and Students with Disabilities: State Infrastructure and Initiatives, available online at:
http://projectforum.org/docs/JuvenileJusticeandSWD-StateInfrastructureandIni
tiatives1.pdf
QUOTE OF THE MONTH
“Fundamentally the problem in low income housing is neither cost nor capacity. It is lack of political will. The challenge to us is to generate support for programs that will provide decent affordable housing for all.”
~ Cushing N. Dolbeare
WISCONSIN
County Budget Advocacy
How the system works
All of Wisconsin’s 72 counties develop annual budgets on a calendar year basis, running from January 1 to December 31. The budget process is initiated and overseen by a county administrator. There are three different types of county administrators. Counties with populations over 500,000 are required by statute to have a County Executive. Smaller counties may have an office of County Executive, or they may name a County Administrator. In counties without a County Executive or a County Administrator, the county board must designate an elected or appointed official to serve as the Administrative Coordinator. The County Board chairperson is often appointed the Administrative Coordinator.
In Wisconsin, nine counties have County Executives, nine have County Administrators, and the remaining 54 have Administrative Coordinators. For purposes of simplicity I will refer to all of these as the County Administrator.
The process of developing the county budget begins in the summer before, and the way it gets developed offers several opportunities for public input and advocacy.
The first advocacy stage: the human service department level
In early summer, county human service departments submit budget requests to the County Administrator’s office. Departmental budget requests are often reviewed by a county board committee, such as a Health and Human Needs or Social Services Committee. You can check at your county courthouse for a listing of county board committees and who serves on them. You can also check with whoever runs disability programs in your county to find out more details on this stage of the process and ways you may be able to become involved.
The second advocacy stage: the Administrative level
The County Administrator will forge a proposed budget for the coming year. By law, the proposed budget must be submitted to the county board by the end of September of each year. You can find out if your County Administrator is interested in receiving input from advocates in the development of his or her proposed budget.
The proposed budget is immediately referred to a county board committee with budget oversight (referred to here as the Finance Committee) for deliberation.
The BIG month for advocacy: October
The month of October is usually the most important month for county budget advocacy. The Finance Committee will hold meetings during which they receive informational reports from the various department heads about provisions in their budgets. They will also consider amendments to the department’s budget and take votes, both on amendments and on the overall department budget. If you want to change a provision in the budget, you must identify a County Supervisor who will put forth an amendment on your behalf. Then you must line up support from a majority of the members on the Finance Committee. Meetings of the Finance Committee are open to the public, and citizens wishing to speak on matters before the committee can register to do so.
The Finance Committee proceeds throughout the month of October until they have finished taking votes on each department budget. They then combine these into their own version of the county budget, pass it and send it on to the full county board for deliberation and vote.
The final stages
The full county board passes a budget in early November. There is usually a public hearing before final passage. There are usually very few changes made to the budget that was passed by the Finance Committee. In counties with a County Executive, that person can make vetoes to the budget passed by the full county board.
Conclusion
County budgets provide many opportunities for disability advocacy. Aside from victories that may be won in funding for programs, advocates can use the process to educate policy makers about critical issues and become more involved on the local level.
[Source: Tom Hlavacek, Executive Director, Alzheimer’s Association of SE WI]
LOCAL
Group Homes Lawsuit Settled
The war has raged through the courts for decades. On one side, entrepreneurs and advocates fight to house people with disabilities in residential areas. On the other side, city officials and their constituents fear that too many group homes clustered together could be detrimental to neighborhoods.
In Milwaukee at least, the battle appears to be over.
The city has agreed to settle a federal civil rights suit brought by operators of group homes for $194,000. As part of the settlement, the city has repealed an ordinance that forbids homes for people with disabilities from locating within 2,500 feet of each other. Under the now-invalid ordinance, homes could open within that distance only if the city's Board of Zoning Appeals granted a special use permit - which required a public meeting and a fee. The city didn't always grant the permits, and they were subject to review every year.
Now, group living facilities for up to eight people may open in areas zoned as single-family residential. Facilities for up to 16 people can open in areas zoned as multifamily residential.
Group homes for people addicted to drugs or alcohol and for criminals remain subject to city regulation.
But attorneys for both sides say the war will continue at the state level.
Although the city agreed to a settlement, several state officials and the Department of Health and Family Services, named as co-defendants, have not. A state law says that no community living facility may be located within 2,500 feet of another, unless the city allows a lesser distance. Pledl and his co-counsel on the case, Mark A. Peterson, say the state law - like the one recently thrown out by the city - violates the federal Fair Housing Act and the Americans with Disabilities Act.
"To have the state statute thrown out is the ultimate goal," Peterson said.
In the meantime, advocates have been working to eliminate the distance rules one city at a time. Madison earlier threw out its 2,500-foot rule, according to court records. Other cities simply don't contest requests for shorter distances.
On the flip side, city officials may work with the League of Wisconsin Municipalities to amend the state law in order to prevent clustering of group homes within a small area, said Assistant City Attorney Jan A. Smokowicz.
"There comes a point, in our viewpoint, where if you don't enforce some kind of regulation, you risk a neighborhood changing character," Smokowicz said. "The point we could not agree on is where the balance is tipped."
[Source: From the Aug. 2, 2006 edition of the Milwaukee Journal Sentinel]
ON THE WEB
The Disability History Museum's Library is a digital archive that only exists online. It contains digital versions of images, texts, and other artifacts related to disability history that have been gathered from libraries and private collections across the country.
http://www.disabilitymuseum.org/lib
Google has launched Google Accessible Search, a stripped down version of the Google search results page. The design was created to make it easier and more effective for the blind and visually disabled.
To try this service go to: http://labs.google.com/accessible
Advocacy Action News is published by IndependenceFirst on or about the 1st of each month. Submissions of articles are due by the 15th of each month prior to publication. For consideration, send your articles or announcements to the Editor, Karen Avery, via e-mail to kavery@independencefirst.org.
Advocacy Action News is available by request in alternative formats such as Braille, large print, on disk or audiotape. It is also made available via our website.
You may also receive Advocacy Action News via email instead of print copy. Contact Karen at 414-291-7520 (V/TTY) or kavery@independencefirst.org.
If you do not have access to the internet, and would like assistance in obtaining any of the internet-based items described in this news bulletin, please contact Karen at 414-291-7520 (V/TTY).
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