Public Policy Update Beth Stalvey, MPH, PHD NCCDD Public Policy Analyst

Today’s Discussion  Policy Activity at Federal Level  Current Legislative Proposals in North Carolina General Assembly  Discussion and Advocacy Strategies

Federal Policy

Elementary and Secondary Education Act (ESEA)  Limit the use of Alternate Assessments based on Alternate Achievement Standards to 1% of all students assessed  Ensure that parents are involved in the decision that their child will take an alternate assessment on an alternate achievement standard;  Students with disabilities, including students that take the alternate assessment have continued access to the general education curriculum and are not precluded from earning a regular high school diploma  Require states to set performance targets in reading and math and graduation goals and assure that when not met, interventions are triggered to increase learning  Prohibit the use of restraint and seclusion in non-emergencies that do not threaten physical safety  Education for ALL students – limit any special focus on sub-groups of populations with disabilities

Workforce Innovation and Opportunity Act (WIOA) Rule Changes  Proposed Rules for Public Comment: June 15, 2015  Update and improve federal workforce programs that serve workers, job seekers, and employers  Strengthen accountability and transparency  Increase access to work-based learning tools, such as apprenticeships, relationships with employers, planning within economic regions,  Improve access to education and workforce services for those with significant barriers to employment  Notice of 5 rule changes:

Federal Budget  “Concurrent budget resolution” which lays out a budget plan for the Committees to fund programs for Fiscal Year 2016  Directed to find at least $1 billion in savings. The resolution does not specify which programs must be cut to reach the $1 billion  Proposed repeal of Affordable Care Act  Allows fundamental changes to the structure of the Medicaid program in order to achieve these savings  Structural changes to Medicaid could include “block grants” to the states and possible reductions in eligibility and services

Minimum Wage Discussion  Raise the Wage Act  Senator Patty Murray, Washington State  increasing minimum wage from $7.25 an hour to $12 an hour  New Hampshire to become the first state in the nation to make it illegal for people with disabilities to be paid less than minimum wage  NH state bill- SB47  Bill goes into effect in 60 days

North Carolina General Assembly

ABLE Act (S367)  Federal law signed in December 2014  US Treasury has 6 months to issue formal rules and guidelines (June 2015)  Each state must pass legislation to allow the 529 plans to be created  Funds to be used for education, transportation, direct care, housing, technology, etc.  NC filed S367 to create 529 plans for ABLE expenses  Broad support for the bill  NC already has 529 plans for education  Working out details on how expenses are paid to service agencies; guardianship

Education Opportunities – (H921)  Addresses outcomes and goals transition to postsecondary educational and career opportunities.  Increase in funding of students with disabilities in public school system from the current 12% to a 12.5%.  Stakeholder input on transition planning and ways for more students with an IEP to access Future Ready Core Course of Study  Requires reporting by DPI to the Joint Education Oversight Committee to improve graduation rates  Provides $600,000 dollars to the Carolina Institute for Developmental Disabilities (CIDD) in collaboration with the North Carolina Postsecondary Education Alliance  3 regional partnerships for technical assistance to improve data collection and build model programs in postsecondary education for people with I/DD.

Special Education Scholarships (H133)  Increase the amount of the scholarship funds available to students with disabilities per semester and to modify the method of payment of tuition for those students  $4000 per semester for:  tuition  special education and related services  educational technology

Autism Insurance Coverage (S676)  Includes Autism diagnosis as defined in DSM-V  Minimum Insurance Benefits:  Psychiatric Care  Therapeutic Care  Screening and Diagnosis of Autism Spectrum Disorder  Medications  Adaptive Behavior Treatment – up to $40,000/year

Protection, Abuse, Neglect  “Burts Law” (S445) – enhance protections for individuals living in group facilities  detailed reporting requirements for those who witness abuse or neglect  Includes direction for volunteers and advocates  School Felony (S445) – Makes it a felony for any student over age 16 who hurts a teacher  no protections for individuals with disabilities

Personal Care Services  In January 2013, the service definition for PCS (which supports dressing, bathing, toileting feeding and other “activities of daily living”) changed  Group homes lost PCS funding for residents  Bridge funding was allocated twice by the General Assembly to temporarily fill that funding gaps  In November, bridge funds allocated to several LME/MCOs were depleted  A plan for immediate relief is not yet in place  People at risk of losing services and homes

Other NC Bills  Handicap Parking Revisions (H91)  Reduce misuse and fraud  Photo on parking tag  Link to Drivers License or Car Tag  Overnight Respite in Adult Day Programs (S291)  Study to determine need for service - numbers  Delayed institutionalization  Cost Benefit to Adult Day Programs to offer service

Questions and Advocacy Strategies