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Labor and Employment

Disabilities and Employment

2003 Enacted State Legislation

Below are summaries of enacted state legislation related to people with disabilities and employment. Click on the state or bill number to view the summaries. To view an overall summary of 2003, click here.

SB 842
Status: Enacted Law, Chapter 800
Last Action: October 11, 2003
Summary: This law requires textbook publishers to make basic instructional materials adopted on or after January 1, 2005 more accessible to students with disabilities. Specifically, print materials should have sharp, clear, high contrast and highly legible fonts sized according to grade level, video products should be closed-captioned and internet resources and digital multimedia programs should be accessible, according to Section 508 of the federal Rehabilitation Act.

SB 964
Status: Enacted Law, Chapter 803
Last Action: October 11, 2003
Summary: This law requires the Superintendent of Public Instruction to develop a request for proposal for an independent consultant to "assess the options and provide recommendations for alternatives to the high school exit examination for students with disabilities to be eligible for a high school diploma" by January 31, 2004. The State Board of Education shall approve the request also, by that date. A six-member advisory panel will select the independent consultant by April 30, 2004.

The independent consultant must prepare a preliminary report and to prepare and disseminate a final report by May 1, 2005. The report shall:

• Recommend options for graduation requirements and assessments for students with disabilities;
• Identify relevant state and federal laws and regulations relevant to graduation requirements and assessments for students with disabilities; and
• Recommend steps to bring California into full compliance with identified state and federal regulations

This law also requires the Superintendent of Public Instruction, by April 30, 2004, to establish a 15-member High School Exit Examination for Pupils with Disabilities Advisory Panel to advise the independent consultant.

This bill would provide $1,000,000 appropriated in Schedule 12 of Item 6110-113-0890 of Section 2.00 of the Budget Act of 2003 will be available for the independent consultant and his or her report and to support the approved options pursuant to this bill.

HB 1739 & SB 2576
Status: Enacted Law, Chapter No. 2003-8
Last Action: April 24, 2003
Summary: Known as the "Enhanced Opportunity for Better Life and Education for Students with Disabilities Act," this law creates provisions related to access to postsecondary education and meaningful careers for students with disabilities.

Specifically, this bill amends provisions relating to high school graduation requirements by allowing students with disabilities the opportunity to waive the requirement for passing the Florida Comprehensive Assessment Test (FCAT). The student must have taken and failed the FCAT in the 10^th and 11^th grade and his/her individual education plan (IEP) committee must determine that the FCAT cannot accurately measure the student's abilities, taking into consideration all allowable accommodations.

This bill also deletes the requirement that a life management skills course be taken at specific grade levels and requires the State Board of Education to adopt rules providing accommodations and modification of procedures for students with disabilities.

Additionally, this bill "expands opportunities for admission to postsecondary and career education" opportunities for students with disabilities who have been awarded a special diploma or certificate of completion. "Students seeding admission to college credit postsecondary career programs must meet associate-degree program standards and students with documented disabilities are eligible for reasonable substitutions to obtain such admission."

The bill requires the State Board of Education to compile a report by December 31, 2003 on the current use of acceleration mechanisms. Articulated acceleration mechanisms "is intended to shorten the time necessary for a student to complete the requirements associated with the conference of a high school diploma or a postsecondary degree. As well as to broaden the scope of curricular options available to students, and increase the depth of study available for a particular subject" (s.1007.27 (1), F.S.).

SB 85
Status: Enacted Law, Chapter 49
Last Action: March 12, 2003
Summary: Known as the Kentucky Postsecondary Textbook Accessibility Act, this law requires publishers to provide postsecondary instructional materials in accessible formats at no cost to postsecondary institutions for use by students with disabilities. Specific procedures are established in this bill for requesting and obtaining electronic or alternative format instructional materials.

This bill also permits the Council on Postsecondary Education to establish the State Repository for Alternative Format Instructional Materials or the "repository." The repository will "serve as a state repository for electronic files or alternative format instructional materials for the purpose of facilitating the timely access of appropriate alternative instructional materials by postsecondary students with disabilities."

The Council on Postsecondary Education is required to develop policies and procedures to ensure student access to accessible instructional materials, as well as proclaim administrative regulations.

Students and institutions that receive alternative instructional materials are required to provide certification that such material will be used in a manner in accordance to copyright law.

SB 305
Status: Enacted Law
Last Action: June 5, 2003
Summary: This law, subject to funding and performance standards included in appropriations bill, directs the Department of Health and Hospitals to implement a Medicaid Buy-In Program no later than January 2004.

SB 386
Status: Enacted Law
Last Action: May 13, 2003
Summary: This law directs the Department of Health and Mental Hygiene to implement the Employed Persons with Disabilities Program by July 1, 2005.

SB 22
Status: Enacted Law, Public Act No. 32
Last Action: July 2, 2003
Summary: This law, known as the "Michigan Freedom to Work for Individuals with Disabilities Law," requires the Department of Community Health to establish a program to provide Medicaid assistance to eligible working persons with disabilities.

New Mexico

HB 708
Status: Enacted Law, Chapter 162
Last Action: April 5, 2003
Summary: This law requires public schools and institutions of higher education that offer distance learning and computer-based instructional materials provide the course work with accessible electronic formats that are usable by students with disabilities.

SB 839
Status: Enacted Law, Chapter 210
Last Action: April 6, 2003
Summary: This law, known as the "Consumer Direction Act," provides for consumer direction of personal assistance services (PAS) through hiring, supervision and training of an attendant or attendants paid through state departments offering personal assistance programs.

The state departments offering personal assistance services are to develop criteria and procedures for developing a PAS plan with a consumer, selecting a fiscal intermediary and rates for reimbursement.

Each department must submit an annual report to the legislative finance committee and legislative health and human services committee on services provided pursuant to the Act as well as a comparison of these services with other services provided by the department through other means. The report must also include an evaluation of effectiveness and consumer satisfaction.

HB 223
Status: Enacted Law, Chapter SL 2003-385
Last Action: August 7, 2003
Summary: This bill allows the State Board of Community Colleges to appropriate no more than ten percent of funds appropriated for community college students to provide financial assistance to students with disabilities who have been referred by the Division of Vocational Rehabilitation.

SB 2194
Status: Enacted Law
Last Action: April 14, 2003
Summary: This bill establishes a Medicaid Buy-In Program and directs the Department to provide personal care services for Medicaid recipients in their own homes.

HB 3484
Status: Enacted Law
Last Action: June 20, 2003
Summary: This law established a work group on health care options for certain persons with disabilities. The work group is to assist the Health and Human Services Commission in identifying, recommending and developing policy options to improve access to health care coverage and services necessary to support increased employment of persons with disabilities.

The workgroup is required develop a Medicaid Buy-In proposal based on several determinations like "the extent to which employers offer benefits to disabled employees and the adequacy of those benefits to the use of existing employment incentive programs under the Supplemental Security Income programs and Social Security Disability Insurance programs." The workgroup must submit its findings to the Commission, who must compile the information and prepare a report regarding policy options to improve access to health care coverage and services necessary to support increased employment of people with disabilities to the Legislature by November 1, 2004.

HB 1822
Status: Enacted Law
Last Action: March 16, 2003
Summary: This law requires the Department of Medical Assistance Services to seek a Section 1115 waiver to establish a Medicaid Buy-In Program and calls for wavier to be developed by October 1, 2003.

HB 1813
Status: Enacted Law, Chapter No. 136
Last Action: May 7, 2003
Summary: This bill amends previous statute related to government bids and purchases of goods and services. Specifically, this law encourages state agencies to first solicit and consider proposals from businesses owned and operated by persons with disabilities and/or from community rehabilitation programs with operating facilities servicing disadvantaged persons and persons with disabilities. These businesses must have "achieved or consistently made progress towards the goal of enhancing opportunities for disadvantaged persons and persons with disabilities to maximize their opportunities for employment and career advancement and to increase wages and the number employed."

This law requires the Department of General Administration to identify in the department's vendor registry all vendors in good standing and prepare a report with the Governor's Committee on Disability Issues and Employment describing the activities in this act and their effect on enhancing employment opportunities of disadvantaged persons and people with disabilities. This report is due to the governor and legislature by December 31, 2006

HB 2278
Status: Enacted Law, Chapter 213, Acts, 2003
Last Action: April 8, 2003
Summary: This bill extends the personal assistance services program until July 2006.

SB 338
Status: Enacted Law
Last Action: April 1, 2003
Summary: This law creates a Medicaid Buy-In Program, authorizes medically improved component of program and sets effective date of 7/01/03.

Wyoming

HB 254
Status: Enacted Law, Chapter 0175
Last Action: March 6, 2003
Summary: This law grants sales and use tax exemption for assistive devices for people with disabilities.

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