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
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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