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Labor and Employment

Disabilities and Employment

2005 State Disability Legislative Summaries

Below are brief summaries of 2005 state legislation related to people with disabilities and employment.  
Click on the state or bill number to view the summaries. 
(Enacted Laws in BOLD)

Last Update: March 29, 2006

 


Assistive
Technology


Education


Employment


Medicaid
Buy-In

Olmstead/
Independent
Living


California


 


AB 1548;

SB 626;

SB933

 

 

 


AB 10;

SB 418


Connecticut


HB 6683

 


SB 96

 


SB 1154


Delaware


SB 3

       



Florida


HB 735;

HB 1099;

SB 1704;

SB 2550

 



SB 1910;

EO 05-88

 

   


Georgia

 


SB 317

     


Hawaii

 

 

SB 495;

SB 1659


SB 1196

   


Idaho

     


SB 1143


HB 343


Illinois


HB 1526;

SB 101


HB 1150

   


SB 437


Indiana

       


HB 1444


Michigan

 


HB 4120

     


Minnesota


HB 376


HB 430;

HB 431

     

Nebraska

 

       

 LB 666

LR 65


Missouri


HB 321;

SB 518

       


New
Hampshire

 


HB 301

     


New Jersey

 


SB 2361

     


New Mexico

   


HB 321;

HJM 72

 


HB 11


New York

 


AB 2867;

AB 8292;

SB 4136


AB 2800;

AB 4280;

AB 5743

   

North
Carolina

 


HB 1317

     

Pennsylvania 

 

 

 HB 1618

     

Rhode
Island

 


HB 5740

     


South
Carolina


HB 3148


HB 3148

 

 

 


Tennessee


HB 60;

SJR 62

 


HB 98;

SB 985

   


Texas

     


HB 1135;

SB 566

 


Vermont

       


HB 427


Virginia

 


HB 1768

   


EO 61


Washington

 


 


HB 2271

 


 

 Wisconsin

 

 Sb 383

     

 

California

AB 10
Status: pending in Assembly
Last Action: August 15, 2005
Summary: This bill requires all public and private health facilities to comply with the Olmstead decision.  It also directs the state Secretary of Health and Human Services adopt a statewide uniform patient assessment instrument and require facilities to adopt assessment procedures that comply with the instrument.

AB 1548
Status: pending in Assembly
Last Action: August 31, 2005
Summary: This bill amends previous law in order to require text book publishers that make basic instructional materials, provide these materials in an electronic format, at the request of the school district.

SB 626
Status: pending in Assembly
Last Action: August 25, 2005
Summary: This bill authorizes each special education local plan area to develop a paraprofessional staff development program that is designed in order to ensure that paraprofessionals meet the requirements of the Individuals with Disabilities Education Act.   

SB 418
Status: Enacted, Chapter 549, Statutes of 2005
Last Action:
October 5, 2005
Summary: This bill expands the eligibility for persons who may receive loans under the Rehabilitation Revolving Loan Guarantee Fund.

SB 933
Status:
pending in Assembly
Last Action: January 26, 2005
Summary: Requires certain school districts to provide teacher preparation programs for teachers of pupils with disabilities in special education classes.

 

Connecticut

HB 6683
Status: pending in Assembly
Last Action: February 14, 2005
Summary: This bill clarifies that local school districts may include assistive technology devices in their rules and regulations about the care and use of material an equipment provided free of charge to students.

SB96 (Public Act No. 05-287)
Status: Enacted Law
Last Action: July 13, 2005
Summary: This law encourages the Commissioner of Administrative Services to extend one-year janitorial, maintenance, security or food and beverages state agency contracts to people with disabilities and disadvantaged workers.  This law also creates a Disabled and Disadvantaged Employment Security Policy Group to make policy recommendations to the General Assembly concerning long-term employment opportunities and supportive work environments for disabled and disadvantaged workers.

SB 1154
Status: pending in House
Last Action: March 17, 2005
Summary: This bill proposes an appropriation to the Department of Social Services to provide additional financial support for five Centers of Independent Living so that persons with disabilities are able to live independently in their communities.

 

Delaware

SB 3
Status: pending in Senate
Last Action: January 27, 2005
Summary: This bill creates the Personal Mobility Vehicular Transportation Access Program within the Department of Health and Social Services based on the fact that currently federal matching funds are available to the state to assist individuals with the purchase of personal mobility devices or motor vehicle assistive technology.

 

Florida

HB 735 (SB 2550 Similar Bill)
Status: pending in House
Last Action: May 4, 2005
Summary: This bill requires interagency agreements to ensure that assistive technology devices remain with a young person with disabilities as he or she makes certain transitions.

HB 1099 (SB 1704 Similar Bill)
Status: Enacted Law, Chapter No. 2005-204
Last Action: June 10, 2005
Summary: This law amends previous statute by revising the composition, terms of service and duties of the 27-member Assistive Technology Advisory Council.  It also requires the Commissioner of Education to appoint members of the council, and deletes the provision requiring council to fund Florida's Alliance for Assistive Services and Technology.

SB 1704 (HB 1099 Similar Bill)
Status: pending in Senate
Last Action: May 4, 2005
Summary: This bill is similar to HB 1099, but it requires that the majority of the Assistive Technology Advisory Council members are people with disabilities.  It also deletes the provision requiring staggered terms of service and requires the council to appoint a public policy and advocacy committee.

SB 1910
Status: Enacted Law, Chapter No. 2005-149
Last Action: June 8, 2005
Summary: This law requires Workforce Florida, Inc. expand the Passport to Economic Progress demonstration program to a statewide program.  Workforce Florida, Inc. is also authorized in this law to designate regional workforce boards to participate in the program, offer self-sufficiency incentive bonuses, and submit evaluations and recommendations for the program as part of its annual report to the Legislature. 
This law also creates the Florida Youth Summer Jobs Pilot Program.  This program shall provide summer jobs in partnership with local communities and public employers to at-risk and disadvantaged youth, including youth with disabilities.  The program will be administered by a local workforce investment board in consultation with Workforce Florida, Inc.

SB 2550 (HB 735 Similar Bill)
Status: Enacted Law, Chapter No. 2005-108
Last Action: June 10, 2005
Summary:  This law requires agencies within the Departments of Education and Education to enter into interagency agreements to ensure that assistive technology devices issued to a young person with a disability remain with that youth as they make certain transitions.  Such transitions include the moves from secondary to post-secondary school and from post-secondary school to employment or independent living.

Executive Order 05-08
Status:
Signed by governor
Last Action: May 2, 2005
Summary:  Extends the period for the Florida Endowment Foundation for Vocational Rehabilitation to serve as the Florida Governor's alliance for the Employment of Citizens with Disabilities for the State of Florida until February 28, 2007.

 

Georgia

SB 317
Status: pending in Senate
Last Action: March 10, 2005
Summary: This law amends previous statute relating to postsecondary, vocational, technical and adult education to require that each publisher of a textbook shall provide an electronic format accessible to Braille translation, text to speech and screen reading software for students with disabilities.

 

Hawaii

SB 1196
Status: carried over to 2006 regular session
Last Action: December 12, 2005
Summary: This bill creates a tax credit for employers who hire individuals with disabilities.  The tax credit is is 20% of the qualified first-year wages for that year, but can not exceed $6,000.

SB 495
Status: carried over to 2006 regular session
Last Action: December 12, 2005
Summary:  Defines student with disabilities and establishes a scholarship program for student with disabilities in order to provide scholarships to private schools for students with an individual education plan. 

SB 1659
Status: carried over to 2006 regular session
Last Action: December 12, 2005
Summary: This bill enables the department of education charter schools to receive federal grant money under the Individuals with Disabilities Education Act.

 

Idaho

HB 343
Status: Enacted Law, Chapter 285
Last Action: April 5, 2005
Summary: This law appropriates $61,800 from the general fund to the State Independent Living Council for fiscal year 2006.

SB 1143
Status: pending in House
Last Action: March 3, 2005
Summary: This bill creates a Medicaid Buy-In program for workers with disabilities.

 

Illinois

HB 1150
Status: pending in House
Last Action: March 15, 2005
Summary: This bill amends the school code to require that a transition specialist certificate be issued to anyone who, through their education and training, have a comprehensive understanding of the requirements for transition planning and services for students with disabilities, and are aware of the array of options available to these students after they exit high school. 

HB 1526 (similar to SB 101)
Status: pending in House
Last Action: March 15, 2005
Summary: This bill creates the Assistive Technology Warranty Act and amends the Consumer Fraud and Deceptive Business Practices Act.  This bill requires that manufacturers or assistive technology device lessors that sell or lease an assistive technology device to a consumer, either directly or through a dealer, must furnish the consumer with an express warranty of the device affirming that the device is free of any nonconfirmity.

SB 101
Status: Enacted Law, Public Act 094-0378
Last Action: July 29, 2005
Summary: This law is similar to HB 1526, but does not amend the Consumer Fraud and Deceptive Business Practices Act and requires a physical evaluation of a consumer by a health care professional and a technology assessment by a qualified rehabilitation professional before an assistive device is sold or leased to the consumer.

SB 437
Status: pending in Senate
Last Action: May 10, 2005
Summary: This bill creates the MI Olmstead Initiative Act to establish a 5-year program to provide individuals with mental illness or a co-occuring disorder of mental illness and substance abuse with appropriate residential and community-based support services.  It also requires the Department of Human Services to identify 1000 total (200 per year for five years) potential participants, and sets forth the services and supports that constitute the program.

 

Indiana

HB 1444
Status: pending in House
Last Action: February 17, 2005
Summary:  This bill creates a statewide Independent Living Council to assist the Department of Disability, Aging and Rehabilitative Services to develop a statewide plan for independent living services and develop a network of independent living centers.  This bill also authorizes the council and the department to award grants to centers for independent living.  In addition, the department is required to review certain centers receiving federal funds.

 

Michigan

HB 4120
Status: pending in House
Last Action: February 2, 2005
Summary: This bill amends the Youth Rehabilitation Act and requires the Department of Human Services' Family Independence Agency to develop and implement an individualized education program for certain individuals with disabilities.

 

Minnesota

HB 376
Status: pending in House
Last Action: March 29, 2005
Summary:  This bill appropriates $300,000 for to the Commissioner of Administration for a grant to Assistive Technology of Minnesota, $250,000 to administer a microloan program to support the purchase of assisitve equipment and devices or people with disabilities and $50,000 to develop the Access to Telework program.

HB 430
Status: pending in House
Last Action: January 24, 2005
Summary: This bill establishes a state and school district preference for textbooks and instructional materials in alternative formats for students with disabilities.

HB 431
Status: pending in House
Last Action: January 24, 2005
Summary: This bill regulates the accessibility of instructional materials for students with a disability requiring a reading accommodation.

 

Missouri

HB 321
Status: pending in Senate
Last Action: April 14, 2005
Summary: This bill creates the Assistive Technology Trust Fund and expands the duties of the Advisory Assistive Technology Council.

SB 518
Status: Enacted Law
Last Action: July 14, 2005
Summary: This law creates the Assistive Technology Trust Fund, which will consist of gifts, donations, grants and bequests from individual and private organizations, foundations or other grant sources.  The Fund shall establish and maintain assistive technology programs and services for use by people with disabilities, but shall not be used to supplant any existing program or services.  An Advisory Assistive Technology Council shall administer the Fund and is also required to employ staff as necessary to implement assistive technology services and programs, and enter into grants or contracts with public or private entities.

 

Nebraska

LB 666
Status: Carried over to 2006 session
Last Action: January 4, 2006
Summary: This bill provides for duties for providers and employees under the Developmental Disabilities Services Act including training requirements and course curriculum requirements.  This bill also provides for fines and disciplinary actions, hearings and appeals.   

LR 65
Status:
 Signed by Speaker
Last Action: June 2, 2005
Summary: This resolution requests that Congress make it a priority to ensure a high-quality support workforce is available to persons with mental retardation or other developmental disabilities that advances a commitment to community integration. 

 

New Hampshire

HB 301
Status: pending in Senate
Last Action: March 30, 2005
Summary: This bill allows a school district to vote to establish a parent advisory council, which will advise the district on matters pertaining to students with educational disabilities. 

 

New Jersey

SB 2361
Status: pending in Senate
Last Action: June 9, 2005
Summary: This bill requires the Department of Education to provide parents of children with disabilities with information about state transition services in its "Parental Rights in Special Education" (PRISE) booklet.

 

New Mexico

HB 11
Status: pending in House
Last Action: January 26, 2005
Summary: This bill makes a $65,000 appropriation to provide organizational support to an organization that encourages independent living among Native American people with disabilities.

HB 321 (similar to SB 406)
Status: pending in House
Last Action: February 15, 2005
Summary: This bill appropriates $47,900 to the Vocational Rehabilitation Division of the Public Education Department to match federal money for the tele-work program that provides loans for equipment needed to start home businesses by people with disabilities or for an employee with a disability to work from a remote location.

HJM 72 (similar to SJM 81)
Status: passed Senate
Last Action: March 19, 2005
Summary: This joint memorial requests that the Executive Task Force on Disability Employment develop policies, procedures and guidelines to increase the employment of people with disabilities in state government.

 

New York

AB 2800
Status: pending in Assembly
Last Action: January 28, 2005
Summary: This bill expands the State Workers with Disabilities Employment Tax Credit program to include employers of veterans with disabilities receiving vocational rehabilitation services and employers of individuals with disabilities who are employed on a part-time basis.

AB 2867
Status: pending in Assembly
Last Action: January 4, 2006
Summary: This bill establishes an Office of Special Education Services within the State Education Department to administer programs for children with disabilities and headed by an assistant commissioner appointed by the Board of Regents.

AB 4280 (same as SB 657)
Status: pending in Assembly
Last Action: February 9, 2005
Summary: This bill creates the Quality Workforce Act of 2004 to provide salary increases, education, training opportunities and benefit stimulus for direct service personnel working within the state's not-for-profit developmental disabilities, mental health and substance abuse service system.

AB 5743
Status: pending in Assembly
Last Action: April 27, 2005
Summary: This bill authorizes the Office of Vocational and Education Services for Individuals with Disabilities to provide funds to a limited number of persons with disabilities for lease, lease-purchase, or rental and maintenance of a motor vehicle as part of the consumer's individualized plan for employment.  This bill also requires Commissioner of the office to report on the number of people receiving transportation services and the cost-effectiveness of such a program.

AB 8292
Status: pending in Assembly
Last Action: January 4, 2006
Summary: This bill establishes a funding program for the improvement of disability services at institutions of higher education.

SB 4136
Status: pending in Assembly
Last Action: January 4, 2006
Summary: This bill establishes a funding program for the improvement of disability services at institutions of higher education.

 

North Carolina

HB 1317
Status: pending in House
Last Action: April 27, 2005
Summary: This bill establishes the 21-member Commission on the Education of Students with Disabilities to study and recommend revisions to the General Statutes governing the education of students with disabilities. 

 

Pennsylvania 

HB 1618
Status: pending in House
Last Action: January 6, 2006
Summary: Requires that school districts have a policy that allows students with disabilities who satisfactorily completed a special education program developed by an Individualized Education Program (IEP) but whose program prescribes continuing education after the fourth year be allowed to participate in a ceremony with the student's graduating class and receive a certificate of attendance. 

 

Rhode Island

HB 5740
Status: passed Senate
Last Action: June 30, 2005
Summary: This joint resolution creates a 17-member special legislative commission to study the implementation of the newly adopted provisions for early intervention under the federal Individuals with Disabilities Education Act of 2004, P.L. 108-446.

 

South Carolina

HB 3148
Status: pending in House
Last Action: January 11, 2005
Summary: This bill requires a minimum of one credit hour in assistive technology training be included in the recertification requirements for special education teachers and administrators.

 

Tennessee

HB 60 (same as SB 71)
Status: pending in House
Last Action: February 9, 2005
Summary: This bill, known as the Assistive Technology Assistance Act of 2005, creates a loan fund to provide people with disabilities equipment that improves independence or quality of life.   This bill also creates an 11-member board to oversee the funds and report the funds status to the governor and legislature annually.

HB 98/SB194 
Status: Enacted Law, Public Chapter Number 317
Last Action: June 15, 2005
Summary: This law permits public building authorities to be included among the pool of solid waste management facility applicants able to receive preference for matching grants, if the facility employs adults with developmental disabilities.

SB 985
Status:
Enacted Law, Public Chapter Number 490 (PDF)
Last Action: June 27, 2005
Summary: This law specifies that the tax credit created by this bill would only be granted to taxpayers who participate in an existing employment incentive program pursuant to which persons with disabilities are being served by the departments of health, mental health and developmental disabilities, human services, finance and administration, or other similar state employment incentive programs. This law also requires the commissioner of finance and administration to identify any appropriate grant funds that may be used to offset the cost of the credit created by this bill.

SJR 62
Status: pending in Senate
Last Action: February 17, 2005
Summary: This resolution creates an eight-member special joint committee to study the need for assistive technology assistance.

 

Texas 

HB 1135 (similar to SB 566)
Status: substituted SB 566 in lieu of HB 1135
Last Action: April 25, 2005
Summary: This bill implements a Medicaid Buy-In program for employed people with disabilities.

SB 566
Status: signed by the Governor, effective on 9/1/05
Last Action: May 9, 2005
Summary:  This law requires the Executive Commissioner of the Health and Human Services Commission to develop and implement a Medicaid buy-in program, including adopting rules in accordance with federal law that provides for eligibility and cost-sharing requirements by December 1, 2005.

 

Vermont

HB 427
Status: pending in House
Last Action: March 8, 2005
Summary: This bill authorizes the Commissioner of Aging and Independent Living to award grants to people with disabilities, or their guardians, for the purpose of providing financial assistance for expenses related to making a motor vehicle wheelchair accessible.

 

Virginia

EO 61
Status: Executive Order No. 61
Last Action: January 6, 2005
Summary: This executive order establishes in the Office of the Governor, a Director of Community Integration for People with Disabilities to direct and coordinate all Olmstead implementation and oversight activities.

HB 1768
Status: pending in House
Last Action: January 19, 2005
Summary: This bill directs the Board of Education to establish procedures where students with disabilities may earn verified credit for a standard diploma based on the receipt of a score on the Standards of Learning assessment within 10 points of passing the assessment, and demonstration of the student's mastery of the required knowledge and skills through a portfolio of work or other assessment approved by the Board.

 

Washington

HB 2271
Status: enacted law, Chapter 204
Last Action: April 26, 2005
Summary: This bill amends previous statute that encourages state agencies to purchase products and/or services manufactured or provided by businesses owned by people with disabilities or companies that employ people with disabilities by extending these employment opportunities by two years to December 31, 2009.

 

Wisconsin

SB 383
Status: pending in senate
Last Action: 10/20/2005
Summary: This bills requires the school board to provide transportation for a disabled child under certain circumstances. 


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