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Policy and Advocacy News
September, 2019
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A Note from the CEO…
As we head into a major campaign season it’s easy to lose sight of the important work being done in Sacramento and our Nation’s Capitol.
In Sacramento, the legislature and Department of Developmental Services will work to establish long- term disability rate reform using the
recommendations of Burns and Associates. We will be following their efforts closely and will be advocating for sustainable rates that allow all California citizens with disabilities to access the service they need to lead lives without limits.
And, as we conclude the 2019 Direct Support Professional Recognition Week, we must work to create a rate system that acknowledges and fairly compensates for the talents, expertise, and dedication of our outstanding DSPs.
Lori Anderson, President and CEO
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Advocacy Resources
Governor Gavin Newsom
Phone: (916) 445-2841
Fax: (916) 558-3160
Twitter Account:
Find Your Representatives
Use the links below to identify your member and let your opinion be heard.
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U.S. Department of Housing and Urban Development Announces Settlement in Los Angeles Disability Housing Suit
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The U.S. Department of Housing and Urban Development (HUD) announced a landmark agreement with the City of Los Angeles to provide accessibility improvements for individuals with disabilities throughout the City’s affordable housing program. The agreement announced today resolves longstanding HUD findings of noncompliance with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.
To read the agreement click here
.
The ground-breaking settlement anticipates the development of 10,000 units of new affordable housing over the next ten years, including 1,500 accessible units for individuals with disabilities, a share that exceeds current state and federal requirements. The City further commits to providing 3,100 accessible housing units for individuals with disabilities by retrofitting hundreds of existing affordable housing developments across the City that were not constructed or rehabilitated to meet federal accessibility standards. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability in all programs, services, and activities of local governments.
While the lack of affordable housing is a national crisis it is particularly acute in California where housing has long been more expensive than most of the rest of the country. Beginning in about 1970, however, the gap between California’s home prices and those in the rest country started to widen. Between 1970 and 1980, California home prices went from 30 percent above
U.S. levels to more than 80 percent higher. This trend has continued. Today, an average California home costs $440,000, about two–and–a–half times the average national home price ($180,000). Also, California’s average monthly rent is about $1,240, 50 percent higher than the rest of the country ($840 per month). These costs are simply out of reach for most people with intellectual and developmental disabilities (ID/DD) without the help of programs like Section 504 of the Rehabilitation Act of 1973.
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Newsom Signs Bill Aimed At Increasing Prosecutions of Assaults Against People with Disabilities
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On August 30th, Governor Gavin Newsom signed AB640 into law that requires training courses conducted by the Governor’s Office of Emergency Services (OES) for district attorneys on sexual assault to include cases involving victims with ID/DD. The bill, introduced by Assemblyman Jim Frazier (D-Discovery Bay), had broad support in both the law enforcement and disability advocacy community and enjoyed unanimous support in both state legislative chambers.
This bill was very important for people with developmental disabilities because, as detailed in the NPR “Abused and Betrayed,” people with ID/DD are victims of sexual assault seven times more often than people without disabilities. AB640 addresses shortcomings in the California OES training to expand this training to include people with ID/DD. To listen to “Abused and Betrayed: The Sexual Assault Epidemic No One Talks About”
click here.
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Federal Commission on Civil Rights to Investigate Subminimum Wage for People with Disabilities
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On August 19, the U.S. Commission on Civil Rights has announced its intent to examine the payment of subminimum wages to people with disabilities, taking a look at both the civil rights implications of the practice of paying people less than minimum wage based on their disability status as well as oversight of the program by the Department of Labor.
Reports have indicated at least some employees with disabilities earn extremely low wages, do not gain marketable skills, and are not assisted to transition to competitive employment. Some states have outlawed payment of wages below minimum wage and fully transitioned away from this model of employment services. The Department of Justice has found state systems supporting these programs may violate the Americans with Disabilities Act when they do not serve people with disabilities in the most integrated setting appropriate. The Commission unanimously selected this project.
The U.S. Commission on Civil Rights is a bipartisan, independent commission of the United States federal government, created in 1957, that is charged with the responsibility for investigating, reporting on, and making recommendations concerning civil rights issues in the United States.
For more information on the commission click here.
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US Dental Schools Now Required to Train Students on Managing Dental Services for People with Intellectual and Developmental Disabilities
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The Council on Dental Accreditation (CODA) recently announced that all dental schools will be required to train their students in managing treatment of patients with Intellectual and Developmental Disabilities (ID/DD). Lack of access to dental services is a very significant issue for people with ID/DD.
This new requirement is based on recommendations from the National Council on Disabilities (NCD) and applies to Dentists, Orthodontists, Dental Assistants and Dental Hygienists. NCD first made recommendations to CODA following its 2017 issue brief "Neglected for Too Long: Dental Care for Patients with Intellectual and Developmental Disabilities," in which NCD's findings included:
- Adults with developmental disabilities are at risk for multiple health problems including poor oral health;
- People with ID/DD regularly face an uphill battle in finding clinicians properly trained to treat them because most dentists lack the proper training and exposure with respect to the health and psychosocial needs of this population;
- According to one study, more than 50 percent of dental and medical school deans have stated that their graduates are not competent to treat patients with ID/DD; as a result, people with ID/DD are more likely to have poor oral hygiene, periodontal disease, and untreated dental caries than are members of the general population;
- People with ID/DD have been more likely to not have had their teeth cleaned in the past five years, or never to have had their teeth cleaned, then those who are not disabled.
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Webinar: Access to Voting:
On Wednesday, September 25, from 9:00 AM to 10:00 AM. PST, the Institute on Employment and Disability at Cornell University will review how the Americans with Disabilities Act and other laws are intended to insure that people with disabilities can have their voices heard. It will also highlight recent Department of Justice enforcement activity regarding physical, electronic, and communication voting access.
To register click here.
Audio Conference: The Fair Housing Act and Persons with Disabilities:
On Tuesday, September 17 from 11:00AM to 12:30 PM PST Amanda Motyka from the U.S. Department of Housing and Urban Development (HUD) will present an audio conference on how the Fair Housing Act (FHA) impacts people with disabilities. FHA prohibits discrimination in the sale, rental, and financing of housing based on disability. FHA applies to a wide range of people and entities, including public housing agencies, property owners, landlords, housing managers, real estate agents, brokerage service agencies, and banks. The session will also cover reasonable accommodations and modifications under the law.
For more information and to register click here.
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