Below are summaries to some of the 2002 bills related to youth or adults with disabilities.
California
AB 925
Based on Chaptered Version, No. 1088
click here for summary
AB 1950
Based on Chaptered Version (8/26/02)
Existing law provides that the State Personnel Board shall establish for each class of position in civil service the length of the probationary period. Existing law provides that the probationary period that shall be served by a state employee upon appointment shall be 6 months unless the board establishes a longer period of not more than one year. The board is authorized to provide by rule for increasing the length of an individual probationary period in the case of an employee's absence, as specified.
Existing law also provides that it is the policy of the state that qualified individuals with a disability shall be employed in the state service and that a department, agency, or commission shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, as specified.
This bill would provide that, upon written agreement between an appointing power and an employee who alleges that he or she has a disability, as defined, and subject to approval of the agreement by the State Personnel Board, the employee's probationary period may be extended, for a period not to exceed 6 months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation.
Washington
SJM 8014
Based on Engrossed Version (2/5/02)
Directs the following agencies to work together in order to identify barriers, training opportunities, and performance measures to assist people with disabilities in finding employment: Employment Security, Department of Services for the Blind, Developmental Disabilities Council, Division of Vocational Rehabilitation, Governor's Committee on Disability Issues and Employment, Public Instruction, and Workforce Training and Education Coordinating Board.
Instructs these agencies to assist the local workforce investment boards in training and technical assistance in order to improve outreach as well as, recommend statutory changes to assist in the delivery of services.
The agencies must submit an annual written report to the Legislature and the governor of their collective findings/efforts.
Wyoming
H 101
Based on Enacted Law- Line Item Veto (3/22/02)
Creates the Workforce Services Department where all programs related to workforce development, including the Disability Determination Service are now merged into this one department. The governor vetoed the inclusion of the TANF programs in this agency.
Alabama
H 145
Based on Enacted Law, No. 385 (4/17/02)
This bill appropriates $723,952 from the Education Trust Fund to the State Board of Education for special programs, schools, and services for special education, for the fiscal year ending September 30, 2003.
H 154
Based on Enacted Law (4/17/02)
Appropriates $28,017,708 from the education Trust Fund, as well as additional appropriations from federal and local funds to the Department of Rehabilitation Services for the fiscal year ending September 30, 2003.
The funds are for the educational purposes of providing the following:
- Medical, paramedical counseling and educational services (instruction in the training of disabled persons) to children with disabilities and their families
- Vocational Rehabilitation through a state-federal initiative for the purpose of teaching independent living skills in order to return clients to the workforce
Educational Services to severely disabled clients, which includes academic tutoring, and teaching of independent living skills, to allow school-age children to attend school.
Idaho
S 1311
Based on Enacted Law, (2/8/02)
Appropriates $7,000,000 received from Reed Act distribution to the state Department of Labor for payment and expenses of the Unemployment Insurance and the Employment Services programs. The funds are not for the use of purchasing or constructing office buildings and must be obligated by June 30, 2004.
Minnesota
H 351
Based on Enacted Law with veto override (2/28/02)
Appropriations for transition programs for students with disabilities. The money is to be spent based on criteria set in statute. (Transition programs are defined in sec. 124D.46.) The statute also includes a formula for calculating future appropriations for transition programs for students with disabilities.
Previous years' appropriation: $8,982,000 for 2000; $8,966,000 for 2001
Final figure in this appropriation bill: $8,960,000 for 2002; $8,952,000 for 2003
The bill also amends statutes pertaining to Minnesota's Commission on National and Community Service by deleting references to the Office of Citizenship and Volunteer Services. Existing statute pertaining to membership on the commission stipulates that a person with a disability will be one of the 15 members and will serve as a representative of persons with disabilities.
The legislation also tweaks the process for how local counties request rate adjustments for long-term care mental health facilities that may want to downsize, relocate or close and more closely links funding limitations set by the legislative appropriation to any rate changes.
Mississippi
S 3140
Based on Enacted Law (4/9/02)
This appropriation bill provides $4,500,000 for establishing and operating one-stop career centers at each public community and junior college. These funds are available from July 1, 2002 to June 30, 2003.
This bill also appropriates $179, 050.00 to the State Board for Community and Junior Colleges for the purpose of meeting the costs of Sign Language Interpreter Training at the public community junior colleges for the fiscal year beginning July1, 2002, and ending June 30, 2003.
Pennsylvania
S 5
Based on Enacted law (6/29/02).
A budget bill that includes state appropriation of the following:
- $890,000 for an assistive technology program to benefit persons with disabilities and older Pennsylvanians,
- $1,155,000 for supported employment,
- $1,061,000 for entrepreneurial assistance including the Independence Capital Access Network (ICAN) Program to provide grants and outreach to businesses to purchase specialized or adaptive equipment, and
- $4,000,000 for a separate State-funded vocational rehabilitation program to provide vocational rehabilitation services leading to competitive employment for OVR eligible persons with disabilities unable to receive services through the Federal Vocational Rehabilitation Program.
Idaho
HCR 56
Based on Adopted Version (3/12/02)
This bill, in order to be congruent with Section 508 of the Rehabilitation Act as it relates to accessible technology, urges that all state agencies develop standards to ensure that blind and visually impaired persons have access to information equivalent to that of persons with sight. Specifically, providing all information in formats that can be used by both the visually impaired and non visually impaired, and purchasing technology for the creation, storage, retrieval, or dissemination of information that is accessible to blind and visually impaired persons.
Iowa
S 2425
Enacted in 2001
Provides small businesses a tax credit equal to 50% of the first $5,000 paid for modifications, renovations or purchase of assistive devices for people with disabilities to improve their functional capabilities on the job. Small businesses are defined as having no more than 14 employees or grossing $3 million a year or less.
The tax credit can not be claimed if the cost of the devices or modifications is deductible for federal income tax purposes.
Maryland
S 226
Based on Enacted Law, No. 457 (5/16/02)
This bill requires the State Superintendent of Education and the Department of Business and Economic Development to jointly ensure that specifications used in all grants and procurement contracts for technology-based instructional products require equivalent access for students with disabilities.
This bill also requires the State and each local school system to ensure that any invitations for bids, requests for proposals, procurement contracts, grants or modifications to contracts or grants shall include notice of the equivalent access requirement whenever funds awarded may be used to develop or obtain technology-based instructional products.
After an evaluation of technology-based instructional products, the state or local school system shall select an available product that has the greatest functionality for equivalent access for students with disabilities. If such product is unavailable, the local school system may obtain a product that does not meet the equivalent access standards but provides the best equivalent access functionality.
The Department of Education shall monitor compliance with the requirements of accessibility of technology-based instructional products and report its findings to the General Assembly on or before December 31 of each year.
Virginia
HJR 218
Based on Adopted Version (3/5/02)
Directs the Secretary of Technology and Secretary of Health and Human Resources to create an action plan to strengthen research and new assistive technology for people with disabilities by linking technology firms and rehabilitation agencies.
The Secretaries of Technology, and Health and Human Resources must complete their findings by November 2002. The Disability Commission, governor, and 2003 General Assembly is to receive a written report.
HB 832
Based on Enacted Law (2/18/02)
Established the Assistive Technology Loan Fund Authority to make loans available to people with disabilities for entrepreneurial purposes.
Coordination
California
SB 105
Based on Enacted Law, Chapter No. 1102 (9/29/02)
The Legislature finds that approximately 70% of employable blind and visually impaired individuals are unemployed and most of these individuals receive public assistance payments, due to the lack of employment.
This bill establishes the Division of Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing to improve the lives of blind and visually impaired and deaf and hard of hearing persons. The purpose of the Division is to:
- assist persons who are blind and visually impaired and deaf and hard of hearing in gaining competitive employment.
- enlarge economic opportunities for persons who are blind or visually impaired and deaf and hard of hearing.
- enhance the independence and self-sufficiency of blind and visually impaired and deaf and hard of hearing persons.
This bill also requires the director of the Division of Services for the Blind and Visually Impaired and the Deaf and Hard Hearing to report to the Legislature and the Governor on programs administered by the division, as well as require the director to appoint a Blind Advisory Committee and a Deaf Advisory Committee to advise the director on certain issues, and would make related and conforming changes.
AB 444
Based on Chaptered Version, No. 1022
It is the intent of the Legislature that disability access at one-stop centers be given priority in the expenditure of federal Workforce Investment Act funding.
This bill, among other things, would require the California Workforce Investment Board to convene a one-stop data stakeholders group by January 1, 2003, to discuss and make findings as to specified matters relating to one-stop centers and to report those findings to the Joint Legislative Budget Committee. The stakeholders group will consist of the Department of Social Services, the Department of Rehabilitation, the Employment Development Department, the California Community Colleges, the California Department of Education, the office of the Legislative Analyst, the staff of the Joint Legislative Budget Committee and respective legislative policy committees, the Senate Office of Research, local representatives and other interested parties.
This bill would also, modify reimbursement rate, service delivery and other Habilitation Services Program provisions.
Illinois
H 3392
Based on Enacted Law (8/9/01)
This bill creates the sixteen-member Workforce Task Force for Persons with Disabilities. Directs the task force to review, assess, and develop recommendations as well as an implementation plan to identify state-specific employment barriers for persons with disabilities. Other duties of the task force include identifying the following: strategies that create parity in the unemployment rate between persons with disabilities and persons without those disabilities, issues that impede the hiring, training, hiring and retention of personal care assistants, and models or strategies that foster shared arrangements between persons with disabilities in terms of personal care assistance and shared housing.
In addition to developing recommendations and an implementation plan, the task force is also assigned with conducting a longitudinal study of post-secondary outcomes of students with disabilities.
Upon identifying the issues stated above, the task force shall review other states' methods and practices in order to develop financial and non-financial incentives to reduce Illinois' high employment turnover rate of personal assistants. Some incentives could include forgiveness of student loans, implementation of a benefits program and related community-college-level courses.
Massachusetts
S 2218
Based on Enacted Law, Chapter No. 171 (7/26/02)
Directs several state departments (the Commission for the Blind, the Commission for the Deaf and Hard of Hearing, the Department of Mental Health, The department of Mental Retardation, The Department of Public Health, the Division of Medical Assistance, and the Rehabilitation Commission) to prepare annual support plan for individuals with disabilities and their families. These support plans should explain how the departments will collaborate and provide the individuals and families with flexible supports, which includes specifying long and short-term objectives and strategies, identifying family support resources, expanding the capacity of community services to include persons with disabilities, and empowering individuals with disabilities to take active leadership and advocacy through opportunities for education, leadership development and training.
The departments are to submit an assessment of current service delivery programs within ninety days after the effective date of this act to the Governor, Secretary of Health and Human Services, the Joint Committee on Human Services and Elderly Affairs and the House and Senate Committees on Ways and Means. Prior to submitting the assessment, the departments are to meet with families who use support services in order to determine the adequacy of the services.
The departments' first individual an family support plans are to be submitted by July 2003. The subsequent annual plans shall be submitted by August 1.
New York
A 7536
Based on Amended Version (2/5/02)
Amends the education law by creating the state Interagency Coordinating Council for Services to Persons who are Deaf, Deaf-blind and Hard of hearing to help families and communities promote and assist individuals to lead independent and productive lives.
The 17-member council would meet at least three times a year. Its duties would include establishing activities, maintaining data, creating a directory of services, receiving and referring complaints, conducting need assessments, and advising the Board of Regents on policy and legislative initiatives in relation to people who are deaf, deaf-blind or hard of hearing.
Idaho
H 557
Based on Chaptered Version, No. 113
The legislature finds that individuals with developmental disabilities have the right to live independently, to exercise control and choice over their own lives and to fully participate in and contribute to their communities through full integration and inclusion in all aspects of their lives. The legislature also finds that individuals with developmental disabilities and their families do not often have access to appropriate services, support and other assistance to live independent lives in their homes and communities.
This bill amends the Idaho State Council on Developmental Disabilities' purpose by adding that the council is to engage in advocacy, capacity building and systemic change activities that:
- contribute to a coordinated, consumer and family-centered and directed that includes community services, individualized supports and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families; and
- are consistent with the requirements of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PL. 106-402) and subsequent acts.
This bill also adds two members to the council including one additional individual with a developmental disability, as well as update language regarding developmental disabilities in order to be consistent with current practice and terminology.
Kentucky
S 131
Based on Enacted Law (3/15/02)
Amends previous statute by renaming the Developmental Disabilities Council to the Kentucky Council on Developmental Disabilities, with a new goal of developing a coordinated consumer and family centered focus and direction.
The law also removes the council representative from the Council on Postsecondary Education and includes a representative from local and nongovernmental agencies or private nonprofit groups concerned with services for persons with developmental disabilities.
Maryland
S 174
Based on the Enacted Law (5/6/02)
Amends previous statute regarding developmental disabilities and post-secondary education tuition assistance by altering the name of the program to the "Developmental Disabilities, Mental Health, Child Welfare, and Juvenile Justice Workforce Tuition Assistance Program."
Includes summer sessions in the academic year and increases the minimum credits per hour that students must earn from nine to twelve. Defines community-based program and direct service employee.
Wisconsin
AB 655
Based on Enacted Law, Act No. 59 (4/10/02)
This act changes the requirements for membership on the Council on Developmental Disabilities in order to comply with federal requirements for council membership. The council shall include representatives of each of the relevant agencies that administer federal funds as it relates to individuals with disabilities.
Specifically, the council shall be comprised of the geographical representation of the state and reflect the state's diversity with respect to race and ethnicity. At least sixty percent of the membership must consist of individuals with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. These persons may not be managing employees of an entity that receives the federal funds for the developmentally disabled or uses the funds to provide services to persons with developmental disabilities. At least one of these individuals shall be an individual with a developmental disability who resides in or previously resided in an institution or the immediate relative or guardian of such an individual.
North Carolina
S 866
Based on the Enacted Law, Chapter No. 2002-163 (9/17/02)
This bill amends the Persons with Disabilities Protection Act by including the concept of independent living, self-determination and economic self-sufficiency in its purpose.
This bill also updates the definition of reasonable accommodations to include the term "undue hardship" as a significant difficulty or expense. Factors that will be considered in determining whether an accommodation would impose an undue hardship includes, but are not limited to:
- the overall financial resources of the particular facility or facilities involved in the provision of the accommodation.
- the number of persons employed at the facility.
- the effect on expenses and resources at the facility.
- any other impact on the operation of the facility.
The North Carolina Office on the Americans with Disabilities Act shall adopt rules to provide a consistent and comprehensive mechanism for accommodating requests regarding accessibility to public services and shall adopt dispute resolution procedures to govern responsiveness to those requests.
This act becomes effective January 1, 2003.
Louisiana
SCR 47
Based on Adopted Version (6/7/02)
Request the Department of Health and Hospitals to reapply for a Medicaid Infrastructure grant in order to design and implement an optional Medicaid Buy-In program for working individuals with disabilities, effective July 1, 2003.
The Department of Health and Hospitals' Advisory Council is to continue to meet regularly in order to provide advice, make recommendations, assist with program outreach and education efforts, and participate in program review and evaluation.
Michigan
SR 159
Based on Adopted Version (3/20/02)
Creates a thirteen-member task force to study the cost and benefits of the Medicaid buy-in program. The members will consist of one of the following:
- Michigan Commission on Disability Concerns
- Department of Community Health
- Department of Career Development
- Department of Management and Budget
- Michigan Job Coalition
- Benefits Planning, Assistance and Outreach Program
Other members will include:
- Two representatives of employers in Michigan
- Two workers with disabilities
- Three state Senators
The study will include potential contributions of additional working citizens, alternate programs and their costs, and related programs from other states. The task force will submit their results and recommendations to the Legislature by September 3, 2002.
Funding for the task force will come from the operational expenses of the Senate Appropriations' Career Development Strategic Fund Agency Subcommittee.
Virginia
HJR 219 & SJR 128
Based on Adopted Version (3/5/02)
Directs the Department of Medical Assistance Services to collaborate with the Department of Rehabilitative Services and Department for the Rights of Virginians with Disabilities to develop a Medicaid Buy-In program using money from the Medicaid Infrastructure grant.
The Department of Medical Assistance Services is to survey the potential population, outline financing, assess the cost-effectiveness and benefits, and create an advisory committee of consumers, advocates and stakeholders for the program.
The governor and the 2003 General Assembly must have the findings and recommendations from the survey by November 30, 2002.
West Virginia
HCR 27
Based on Adopted Version (3/9/02)
Directs the Joint Committee on Government and Finance to conduct a study in order to review and examine the feasibility of implementing a Medicaid Buy-In program for people with disabilities.
The committee must submit a report to the 2003 Legislature of its findings, conclusions and recommendations. Necessary expenses for the study will be provided from appropriations to the Joint Committee on Government and Finance.
Delaware
HCR 51
Based on the Adopted Version (6/5/02)
In response to the Olmstead decision, this resolution creates the Commission on Community-Based Alternatives for Persons with Disabilities, whose membership will consist of the entire membership of the State Council for Persons with Developmental Disabilities and ten additional members. The additional members will be comprised of:
- a member of the House of Representatives,
- a member of the Senate,
- Controller General, or his/her designee,
- the Director of the Delaware State Housing Authority, or his/her designee,
- the Director of the University of Delaware's Center for Disabilities Studies, or his/her designee,
- the Director of the University of Delaware's Assistive Technology Initiative, or his/her designee,
- the Director of the Division of Social Services, or his/her designee,
- the Director of the Division of Services for the Aging and Adults with Physical Disabilities, or his/her designee,
- the Director of the Division of Developmental Disabilities Services, or his/her designee,
- the Director of the Division of Substance Abuse and Mental Health, or his/her designee.
The commission will be responsible for developing a multi-year plan by collecting and compiling state reports, availability of non-state funds and information relevant to reducing "unnecessary institutional placements." The commission's preliminary report shall be submitted to the Joint Finance Committee by February 15, 2003. The final report (consisting of regulatory action needed to support plan implementation, recommendations, and obtainable federal or private funds) shall be submitted to the General Assembly by April 1, 2003.
New Mexico
SJM 54
Based on Adopted Version (2/13/02)
In response to the Olmstead decision, the legislature request that the Governor's Committee on Concerns of the Handicapped develop a comprehensive and coordinated state plan, which includes timelines for implementation and the fiscal impact.
The Human Services Department and the Department of Health are to report to the legislative health and human services committee and the legislative finance committee during their October 2002 meetings regarding the assessments of people currently in institutional settings and their ability to live in community-based settings.
The legislature request that these reports provide the number of people assessed to be inappropriately placed and the number of people who choose community living.
New York
A 9913
Based on Enacted Law, Chapter No. 551 (9/17/02)
The Legislature finds that while the state provides community supports for people of all ages with disabilities and the state operates a home and community-based waiver Medicaid program, New York has no centralized mechanism in place to determine whether or not people with disabilities are residing in the most integrated setting possible.
This bill creates the Most Integrated and Coordination Council. The Council shall develop and oversee the implementation of a comprehensive statewide plan for providing services to individuals of all ages with disabilities in the most integrated setting within one year of the effective date of this bill passing. This plan shall include, but not be limited to:
- the number of individuals of all ages with disabilities who are currently institutionalized and are eligible for services in community-based settings,
- the number of individuals with disabilities residing in the community who are dependent on the assistance of community-based services to avoid institutionalization,
- identifying current community-based services available to individuals with disability and an assessment of the extent to which these programs are able to serve people in the most integrated settings,
- an examination of what information, education, outreach and referral systems might be useful to ensure that individuals with disabilities receive the information necessary to make informed choices regarding how their needs can best be met.
The Most Integrated and Coordination Council shall also, contract with an independent organization with expertise in the provision of community-based services for individuals with disabilities, as well as an expertise in program evaluation research in order to conduct an evaluation of the Council's plan. This evaluation shall be completed three years after the effective date of this bill.
The Council shall provide a report to the Governor, the temporary President of the Senate and the Speaker of the Assembly one year after the effective date and annually thereafter. Such report shall detail the plan developed, any changes made to such plan, all steps taken to implement the plan and their outcome, and any future actions planned.
Oklahoma
S 1512
Based on Enacted Law (5/30/02)
This laws makes it clear that Oklahoma's public policy recognizes the importance of self-determination for people with disabilities and the need for the system to ensure that the individuals, their families or guardians are well-informed about the services and resources available to them.
The law creates a committee on the Olmstead Decision to develop a comprehensive, strategic plan to implementing the state's response to the ruling, including looking at statutes, policies, service delivery, funding and program gaps and barriers. The committee will have appointed members including a state senator from the Human Resources Committee, a state senator from the Appropriations Subcommittee on Health and Human Services and a state representative from both the Human Services Committee and the Mental Health Committee. Many disability-related organizations and advocates will also serve on the committee. Notable ex-officio, voting members include directors or their designees from rehabilitation services, employment security, housing, education, transportation, children and youth and health, as well as the coordinator for the "Ticket to Work and Work Incentive Act." (For a complete listing of committee members, see the bill.) The Department of Human Services and the Attorney General's office will provide staff for the committee and be the lead agencies. All state government entities are to cooperate with the committee.
The committee is required to report its findings and recommendations to the Legislature and governor by July 15, 2003 and provide annual reports until the comprehensive strategic plan is completed.
Virginia
H 30
Based on Enacted Law with Line Item Veto (5/17/02)
This appropriation bills charges the Department of Mental Health, Mental Retardation and Substance Abuse Services with convening a task force to develop a plan for serving persons with disabilities that implements the recommendations of the Olmstead decision. The members of the task force shall represent the interests of consumers who may be impacted by the plan as well as a broad array of service providers at the state and local level. The task force will report regularly to the Joint Commission on Health Care and accept input from the Commission as the plan is developed. All agencies of the Commonwealth shall provide assistance to the task force in its development of the plan, upon request. The task force must submit its final recommendations to the governor, the Chairmen of the House Appropriations and Senate Finance Committees, and the Chairman of the Joint Commission on Health Care by August 31, 2003.
Florida
H 295
Based on Enacted Law (5/30/02)
Directs the Florida Association of Centers for Independent Living to develop a personal care attendant pilot program to serve persons with spinal cord injuries. Provides for selection and training of participants and personal care attendants.
Maine
H 1544
Based on Introduced Version 1/02/02
This bill provides that the Department of Labor's Bureau of Rehabilitation Services is the lead agency for providing consumer-directed personal assistance services to people with disabilities. The bureau shall administer state-funded and Medicaid-funded, consumer-directed personal assistance services programs for people with disabilities and shall ensure that these services are delivered in the most comprehensive manner possible.
Virginia
H 30
Based on Enacted Law with Line Item Veto (5/17/02)
The Department of Rehabilitative Services will fulfill the administrative responsibilities of the Personal Attendant Services program, without interruption or discontinuation of personal attendant services currently provided.
Georgia
H 1342
Based on Enacted Law (5/14/02)
Directs the Board of Regents and the Department of Technical and Adult Education to study the practical problems involved in obtaining and producing textbooks and other instructional materials in alternative formats for students with disabilities.
The board and department must report annually to the Governor and the General Assembly regarding their progress.
Kentucky
H 115
Based on Enacted Law (3/12/02)
Adds a new section to statute allowing children of veterans, who have acquired a disability as a direct result of their parent's military service, are eligible for free tuition to any state-supported postsecondary institution. The veteran must have been on active duty, honorably discharged and a resident of Kentucky.
Iowa
H 2229
Based on Enacted Law (3/29/02)
Amends statute relating to money used in the strategic investment fund by charging the fund with certain purposes, including assistance to people with disabilities in their effort to becoming self-sufficient by creating or expanding business ventures. Previously, specific programs were mandated to provide these services.
Directs the economic development board to develop annual goals for the fund with a strategic focus.
Louisiana
HCR 27a
Based on Adopted Version (4/17/02)
Each city, parish, and other local school board is encouraged to adopt a policy to require an attendant for each school bus transporting students with disabilities in grades kindergarten through eight, in order to ensure maximum safety.
Each local superintendent will receive a copy of this resolution from the state superintendent of education and the president of the State Board of Elementary and Secondary Education.
Rhode Island
S 2736
Based on Enacted-Final Version (6/28/02)
This bill allows for a tax credit for special adaptations to personal, noncommercial, vehicles used for transporting a family member with a disability. Special adaptations includes, but is not limited to:
- wheelchair lifts, carriers, ramps securements;
- hand controls;
- steering devices;
- raised tops or dropped floors;
- alternative signaling devices to auditory signals.
South Carolina
H 3048
Based on Enrolled Version (5/8/02)
This law allows local school boards to set policy regarding students being excused from school to attend private, religious instruction. Parents, guardians or the private entity are responsible for transporting students, including students with disabilities, to and from the private instruction. Other conditions, including that no public funds or personnel be used for the instruction, are listed in the bill.
Virginia
H 30
Based on Enacted Law with Line Item Veto (5/17/02)
The bill appropriates $800,000 the first year and $800,000 the second year for "paratransit" capital projects for the elderly and disabled. The Department of Rail and Public Transportation must coordinate with the Specialized Transportation Council in jointly determining the programs and properties to receive the funding each year.
Florida
H 1825
Based on Chaptered Version (4/11/02)
This law amends statutes pertaining to the administration of the Division of Vocational Rehabilitation (DVR). In 1999, the Legislature transferred VRS from the Department of Labor and Employment Security to the Department of Education. In that same legislation, the Occupational Access and Opportunity Commission (OAOC) was created within the Department of Education to be the designated state agency for receiving Title I Vocational Rehabilitation Service funds and to be responsible for planning, policy and program administration, as well as oversight of VR services. (For a background paper on the bill prepared by legislative staff, click here.)
The 2002 law conforms the organizational provisions of the transfer of DVR and the Division of Blind Services (DBS) to the Department of Education. It also deletes the statute creating the OAOC and designates oversight of DVR and the DBS to the Department of Education.
DVR is required to develop a 5-year plan that prioritizes any additional initiatives for the provision of vocational rehabilitation services, including privatization, according to identified needs. The plan must detail the steps needed to effectively implement those initiatives, consistent with federal requirements. Except for federally required services, DVR will enter into local agreements or contracts with community-based rehabilitation providers to be service providers if it is cost-efficient and cost-effective and increases employment outcomes for persons who have disabilities. The plan must also include recommendations regarding specific performance standards and measurable outcomes and will outline procedures for monitoring its implementation. DVR must submit the plan as well as annual reports to the governor, the president of the Senate, and the speaker of the House of Representatives on the progress that has been made toward achieving the plan's objectives. The plan must ensure the full involvement of persons who have disabilities in the comprehensive workforce development system.
The law also changes the name of the Rehabilitation Advisory Council to the Florida Rehabilitation Council. Membership is amended to include:
- At least one representative of the state educational agency responsible for the education of students with disabilities who are eligible to receive vocational rehabilitation services and services under the Individuals with Disabilities Education Act,
- At least one representative of the board of directors of Workforce Florida, Inc. (the state workforce investment board) and
- Other persons who have disabilities, representatives of state and local government, employers, community organizations, and members of the former Occupational Access and Opportunity Commission may be considered for council membership.
Additional amendments to the Rehabilitation Council specify that the council must consult with Workforce Florida, Inc and partner with DVR on making state goals and priorities for the system, evaluating effectiveness and analyzing consumer satisfaction. Existing statute already charges the council with coordinating with various disability-related boards. An amendment adds the requirement that the council coordinate with Workforce Florida, Inc. The council is to make annual reports not only to the governor but also the President of the Senate, Speaker of the House and U.S. Secretary of Education.
The Office of Program Analysis and Government Accountability, the legislative auditing bureau, is required to conduct a review of DVR's progress before the 2005 legislative session.
Changes to Definitions
Terms like "informed choice" were inserted and "plan for employment" replaced "written rehabilitation program of the individual" in a few areas. "Community rehabilitation program" was a new definition meaning a program that provides or facilitates services to persons who have disabilities to enable them to maximize their opportunities for employment, including career advancement. "Employment outcome" was amended to read entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market "to the greatest extent practicable, supported employment, or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice." This quotation replaced "satisfying any other vocational outcome the secretary may determine to be consistent with the act."
Mississippi
H 1378
Based on Enacted Law (3/20/02)
This bill amends current code to make it conform with the federal Rehabilitation Act by updating language and defining the following terms: employment outcome, individual with a disability, personal assistance, physical restoration services and substantial impediment to employment.
This bill also amends "sheltered workshop" statute by adding that, in addition to the state rehabilitation agency, community rehabilitation programs may offer individuals with disabilities training and job coaching in order to "obtain the maximum degree of independent living."
Virginia
H 30
Based on Enacted Law with Line Item Veto (5/17/02)
This appropriation bill asks the Department of Planning and Budget to reduce the general fund appropriation for operating expenses of each agency in the Executive Department in order to accomplish savings estimated at $22,714,972 the first year and $24,235,220 the second year. However, the bill also exempts certain programs from this reduction including Long-Term Employment Supports, Personal Assistance Services, Brain-Injury Services, Centers for Independent Living, or any other services provided directly to disabled persons through the Department of Rehabilitative Services.
Alaska
S 345
Based on Enacted Law, No. 130 (7/5/02)
This bill amends previous statute by including certain youth with disabilities to receive medical assistance for rehabilitative services.
This bill also provides that, under certain conditions, the state Department of Health and Social Services agree to reimburse school districts for certain medical assistance for covered services for children with disabilities.
For the full text of this bill, click here.
California
SB 1476
Based on Chaptered Version, No. 808 (9/23/02)
This bill would require a school principal, at the request of a parent or guardian, to submit a request for a waiver of the requirement to successfully pass the high school exit examination to the governing board of the school district for a student with a disability who has taken the high school exit examination with modifications.
The bill would also authorize the governing board of the school district to waive the requirement to successfully pass one or both subject matter parts of the high school exit examination for a pupil with a disability if specified conditions are met. By imposing new duties on schools regarding that waiver process, the bill would impose a state-mandated local program.
SB 2012
Based on Chaptered Version, No.585 (9/16/02)
In accordance with the Individuals with Disabilities Education Act (IDEA), this bill requires the Governor, or the Governor's appointee, to ensure that the Department of Health Services, the Sate Department of Mental Health, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of the Youth Authority and the Employment Development Department, enter into an interagency collaboration with the Superintendent of Public Instruction. This collaboration is to develop written agreements or joint regulations that meets the requirements of IDEA.
This bill would also require that any public agency other than an educational agency that places a disabled child or a child suspected of being disabled in an out of state residential facility without the involvement of the school district, special education local plan area or county office of education in which the parent or guardian resides, assumes all financial responsibility for the child's residential placement, special education program and related services in the other state, unless the other state or its local agencies assume responsibility.
Florida
S 20e
Based on Chaptered Version, No. 2002-387(5/16/02)
This act codifies the recommendations the Board of Education made after the 2000 legislative mandate to consolidate all education into a seamless K-20 system. This bill also clarifies Florida's McKay Scholarship program for students with disabilities to include:
- requiring school districts to notify the parent of a student with a disability within ten school days of the parent's application for the scholarship
- requiring school districts to give the parent a date for completion of the matrix of services available to the student and notify the parent within ten school days upon completion of the matrix of services.
- the student's scholarship award will be calculated based upon the lowest weighted level until a district completes a matrix of services for the student.
- eliminating the specific date for a private school to notify the Department of Education of its intent to participate in the program.
- revising the notification requirements for parents who wish to send their child to a private school.
Maryland
H 1221
Based on Enacted Law (5/16/02)
Provides "Wraparound Services" for children with disabilities who are unable to attend public school, due to medical necessity or home circumstances, and are in need of special services that are not provided in a public educational program.
Wraparound Services may include the following:
· Behavioral Aide in Home
· Education Tutoring
· Family Therapy
· Medication Management
· Respite Care
· Vocational Mentoring
· Environmental Accessibility Adaptations.
Existing state money (as funds are available) should provide these services only if parents are unable to pay and if the student is not eligible for the State's Return/Diversion program (a program whose goal is to return children with disabilities to their home counties, or closer to their parents, from out-of-state placement) or any other federal, state, or local program.
Missouri
H 2023
Based on Enacted Law (5/28/02)
This bill amends current statute regarding disciplinary change of placement of special education students by revising language in order to comply with the Individuals with Disabilities Education Act (IDEA), as well as amending the process of appealing a hearing panel's decision.
New York
S 7516
Based on Enacted Law (7/30/02)
Amends executive law by creating a "coordinated children's services initiative" for children with emotional and/or behavioral disorders within the council on children and families in order to provide effective collaboration among relevant state and local agencies "for the benefit of such children and their families, as well as limit institutional placements of the children."
This bill also, creates a three tiered interagency structure. "State Tier III Team" will consist of commissioners of relevant agencies and are assigned with coordinating statewide implementation through partnership efforts between state agencies, addressing barriers of deliverables, coordinating the provision of technical assistance and training, developing a reporting mechanism to track outcomes, and reporting results and recommendations for change to the Governor, Legislature and State Board of Regents.
"County Tier II Team" will consist of a county or a consortium of counties and shall coordinate with children's services initiative at the local level. This tier is charged with coordinating cross-systems training, address local/regional barriers, report on state level barriers and recommend changes to State Tier III Team, report on outcomes using State Tier III Team's reporting mechanism, and implement goals and principles.
"Family-Based Tier I Team" will consist of Tier II Teams in cooperation with a child with an emotional and/or behavioral disorder and his or her family, as well as a family support representative (depending on the child's need), and other representatives from relevant county child and family services systems. This tier is responsible for working with a child and family to develop an individualized family support plan and coordinate interagency services in order to implement the plan.
This bill will become effective September 1, 2002 and will remain in effect until September 1, 2007.
Oklahoma
SB 1028
Based on Enacted Law (5/08/02)
This bill appropriates $2,946,549.00 to the J.D. McCarty Center for Children with Developmental Disabilities from General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2003.
SB 1328
Based on Enacted Law (5/08/02)
Entitled the Oklahoma Educational Interpreter for the Deaf Act, this law sets the standard for educational interpreters for the deaf and hard-of-hearing in schools by requiring that they have either completed an interpreter training program, attained a bachelor's degree or worked three or more years in a field related to deaf education. In addition, the interpreters must reach a certain level of proficiency.
The state Department of Education in collaboration with the state Department of Rehabilitation Services must maintain a registry of individuals meeting these qualifications and establish a system of continuing education for educational interpreters.
Utah
H 185
Based on Chaptered Version, No. 145 (4/8/02)
This act modifies the Individual Income Tax Act to reauthorize tutoring tax credits for disabled dependents for an additional seven years.
S 81
Based on Enacted Law (3/15/02)
This bill amends previous public education statute by entitling students with disabilities who have not graduated with a regular diploma an extension if their twenty-second birthday falls between the first and last day of school.
This act becomes effective July 1, 2002.
Virginia
S 334
Based on Enacted Law (4/17/02)
Amends statutes relating to local school boards' plans for career and technical education as it relates to the Standards of Learning initiative. The statute states that competence-based career and technical education programs, which integrate academic outcomes, career guidance, and job-seeking skills are for all secondary students, including students with disabilities. These programs are to reflect and include employment opportunities, labor market needs, applied basic skills, job-seeking skills, and career guidance designed to furnish information on available employment opportunities to all students, including those identified as having a disability, as well as provide placement services for students exiting school. Amendments to the statute include changing the language from handicapped to disabled, and adding that each school board develop and implement a plan with the input of area business and industry representatives and local community colleges to submit to the Superintendent of Public Instruction.
Wisconsin
Act 57 (S 176 and AB 383)
Based on Enacted Law (4/9/02)
This law creates the "Deaf and Hard-of-Hearing Education Council" in the department of public instruction. The state superintendent will appoint all the members and at least three of them will be hearing impaired. Members must include parents, teachers with hearing impaired students, speech-language pathologist, special education director from a district, audiologist, a higher education professor, a trainer from a college interpreting program and an educational interpreter. The council will advise the state superintendent on issues relating to the education of children who are deaf or hearing impaired
The law renames the Wisconsin School for the Deaf to the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. It also authorizes the program to serve as the state's educational resource for all Wisconsin children who are hearing impaired not only through their traditional residential services but through satellite offices as well. The law states that the program may expand services that could include:
- Evaluation services and technical assistance to local education agencies, cooperative educational service agencies, county children with disabilities education boards, private schools and others,
- Development and dissemination of curriculum
- Provide training or technical assistance to teachers and professionals who work with students with hearing impairments as well as parents, and
- Rent or lease technological materials and assistive technology devices, as well as other services listed in the legislation.
- The legislative audit bureau is required to conduct a performance evaluation audit of the program during the 2004-05 fiscal year.
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