Announcement: Disability Rights North Carolina (formerly Carolina Legal Assistance) Requests Your Input.

Disability Rights North Carolina (formerly Carolina Legal Assistance) is now the Protection and Advocacy (P&A) organization for North Carolina. It is part of a nationwide network of similar organizations charged with the responsibility of protecting the rights of people who have disabilities.

Federal regulations require that Disability Rights North Carolina develop a set of annual "priorities." This year’s priority-setting process will take place over the next few weeks, ending with final approval of priorities by our board of directors at its December 14 meeting. These priorities, which will guide us in our protection and advocacy work, will be reported to our federal granting agencies.

Your input is critical to the development of meaningful priorities, which will guide the activities of Disability Rights North Carolina during the coming year.

Deadline for comments is November 15, 2007

1. What are the four most important issues you would like DRNC to work on?

2. If Disability Rights NC could accomplish only one thing during the next year, what would you want it to be?

3. I am a person with a disability. ___ Yes ___ No

I am a family member of a person with a disability ___ Yes ___ No

If a family member please state your relationship: _____________________________

The disability is:

___ developmental disability ___ mental illness ___ physical disability

___ sensory impairments ___ substance abuse ___ traumatic brain injury

4. What are your unmet needs related to your disability?

5. In what county do you live?_________________ Town? _______________________

Email, FAX or mail your response to the above questions to Allison Breedlove at:

abreedlove@disabilityrightsnc.org

FAX: (919) 856-2244

Julia's Musings: Special Thanks to Tar Heel Emerging Leaders and the Disability Law Organization UNC School of Law

Yesterday evening I was the guest speaker at an event hosted by Emerging Tar Heel Leaders and the Disability Law Organization/UNC School of Law. I would like to extend my thanks to both of these organizations for holding the Disability Access and Why It Matters discussion. As we look at disability policy in the state of North Carolina and nationally it will be crucial for the discussion to be broad and inclussive. This was a wonderful opporutnity for me to listen to concerns in the community and to field questions on this progressive policy agenda.

SCHIP Update: Senate Takes Up H.R. 3963

The Senate will be voting on H.R. 3963, the new compromise SCHIP legislation that passed the House last week. C-SPAN will be covering the vote and we will update this blog with information during the day. President Bush has stated he will veto this legisation.

Joint Legislative Oversight Committee DD/MH/SAS Meets Today

The Joint Legislative Oversight Committee on Developmental Disabilties, Mental Health and Substance Abuse Services meets today. The primary focus of this meeting with be the current status of substance abuse services in our state.

JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES
AGENDA
October 31, 2007, 10:00 a.m. - 3:30 p.m.
Room 643, LOB
Representative Verla Insko, Co-Chair, Presiding


Greetings and Introductions 10:00 – 10:15
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair

Re-Considering Addiction Treatment: State Role in Improving 10:15 – 12:00
Effectiveness and Accountability
A. Thomas McLellan, Ph.D., CEO, Treatment Research Institute

Lunch 12:00 – 1:00

Contracting for Substance Abuse Treatment: Tools for Funding 1:00 – 1:30
Treatment Networks
Mady Chalk, Ph.D., Director, Center for Performance Based Policy,
Treatment Research Institute

Performance Based Contracting: Some Things to Consider 1:30 – 3:00
Kim Johnson, M.S. Ed., M.B.A., The Network for the Improvement
of Addiction Treatment

Comments 3:00 – 3:30

Adjourn

Event Reminder: Today! Join Us As We Discuss Disability Access and Why It Matters.

What: Disability Access and Why It Matters

Hosted By: Tar Heel Emerging Leaders and Disability Law Organization UNC School of Law

When: Today! Tuesday, October 30, 20076:30 – 8:00 p.m.

Where: UNC School of Law – Room 3049 UNC-Chapel Hill

Featuring Julia Leggett, Policy Coordinator, The Arc of North Carolina

Q&A and Light Refreshments to Follow

Did you know that more than 1.8 million North Carolinians live with some form of a disability? Join us as we discuss the nuances of disability access in the 21st century and how important it is now more than ever. Rather than an issue to be considered in isolation, accessibility is multi-faceted and implicated in every policy decision. From renovating downtowns to building colleges to planning a move of a corporation, disability access is an important consideration at each step of the way.In celebration of the General Assembly recently designating October as Disability History and Awareness Month in North Carolina, together the Emerging Tar Heel Leaders (ETHL) and the UNC School of Law Disability Law Organization are hosting a forum dedicated to this topic. Julia Leggett, Policy Coordinator for The Arc of North Carolina, will use examples from our state legislature to explain the past, present, and future of disability policy in NC.

Directions: Parking Information:After 5pm, parking at the law school will be free and first-come, first-served. The law school – located at 100 Ridge Road – has one main parking lot at its main entrance (with the fountain) and then another lot a little further down Ridge Road at the back of the law school. If both of those lots are full, there is some parking (via meter) on the street along Ridge Road as you approach the law school. If you enter the law school from the main entrance (at the fountain), you'll be on the fifth floor. To get to Room 3049, go the fourth floor and enter the law library; Room 3049 is located inside the library. We will have people there to guide you to the right place!

Monday Quick Hits: This Weeks Policy News of Importance

North Carolina Policy:

Transportation Update:
The News and Observer reported today that Governor Mike Easley is going to be announcing a special commission to discuss transportation issues in North Carolina. Transportation is very important to the disability community in North Carolina.

DD/MH/SAS Legislative Oversight Committee:
On Wednesday, October 31, the second meeting of the MH/DD/SAS Legislative Oversight Committee will be taking up the issue of Substance Abuse Services in North Carolina.

Federal Policy:

FY 2008 Appropriations:
House and Senate conferees are expected to resolve the differences ($1.9 billion) in spending for the FY 2008 Departments of Labor, Health and Human Services and Education appropriations bill. This bill could be the first (out of twelve) FY 2008 appropriations bill sent to the White House for action by the President. The President has continued to send out strong veto threats on this bill since it spends more than the Administration budget request for these three departments. The bill might be sent as a single bill or combined with another appropriations bill (e.g. Veterans Administration and Military Construction) that the President wants to sign into law.

Health Care-SCHIP:

A vote is expected on SCHIP on Wednesday, October 31. The Senate will take up the revised version of the bill that passed the House on Thursday of last week. H.R. 3963 does include the CMS moratorium language. The Office of Management and Budget states that President Bush will veto this legislation.

Transportation:

On Wednesday, the House Transportation and Infrastructure Committee is planning to markup a bill to clarify that the Federal Motor Carrier Safety Administration can consider Americans with Disabilities Act compliance in determining whether a bus company is fit to operate in interstate commerce.

(Special thanks to DPC for the Federal Update)

Poll Answer: In what year did a group of people with disabilties take over the San Francisco offices of the Health, Education, and Welfare Department?

The correct answer to this weeks poll question was the year 1977. On April 5, 1977 a group of people with dsiabilities took over the San Fancisco offices of the Health, Education, and Welfare Department. The sit in was a protest of Secretary Joseph Califano's refusal to sign important regulations for Section 504. The sit in lasted almost a month. This action is the longest sit-in of a federal building to date. The demonstration was successful and the 504 regulations were signed. This was one of many important moments in the disability rights movement.

ELECTION 2008: Presidential Candidates' Forum

Presidential Candidates’ Forum
A National Forum on Equality, Opportunity and Access
Hosted by Granite State Independent Living

WEBCAST
Friday November 2, 2007
8:30 am to 4:00 pm EST
Made possible by generous support from:
Hands On Video Relay Services, Inc. &
Manchester Community Television

This day-long live event will take place in Manchester, New Hampshire and will feature presidential candidates speaking on disability issues, panel discussions with national disability leaders, and more!

The entire event will be Webcast at www.hovrs.com beginning at 8:30 a.m. EST.

Please invite your consumers and local constituents to view this important, pre-primary event at your local office or another common gathering area with Internet access.

If your organization will host a Webcast viewing, please contact Terri Voth at Granite State Independent Living, (603) 228-9680 or e-mail terri.voth@gsil.org.

The Presidential Candidates’ Forum is co-hosted by:
NH Developmental Disabilities Council (NH DDC)
NH Disabilities Rights Center (NH DRC)
NH Institute on Disability (NH IOD)
NH Chapter, National Spinal Cord Injury Association
Greater Boston Chapter, National Spinal Cord Injury Association
People First of New Hamphshire
TASH

Sponsored by:
AARP National Council on Independent Living (NCIL)
ADA Watch National Spinal Cord Injury Association
ADAPT New England Chapter Paralyzed Veterans of
American Association of People with Disabilities America (NEPVA)
(AAPD) Paralyzed Veterans of America (PVA)
American Foundation for the Blind (AFB) Self Advocates Becoming Empowered (SABE)
Association of University Centers on Disabilities Telecommunications for the Deaf and Hard of
(AUCD) Hearing, Inc. (TDI)
Disability Rights Education and Defense Fund The Arc of the United States
(DREDF) United Cerebral Palsy (UCP)
Easter Seals United Spinal Association
Epilepsy Foundation VSA arts
National Association of the Deaf (NAD)
National Coalition of Mental Health, Consumer/ Survivor Organizations

This webcast will include CART translation and an on-camera interpreter.
Visit www.gsil.org or www.hovrs.com for more information.
*SPECIFIC INSTRUCTIONS TO FOLLOW AS THEY ARE AVAILABLE*

NEWS: SCHIP Vote Update

After a day long House session, which include multiple motions to adjourn, a vote finally occurred on the new compromise SCHIP legislation. Here are the number 265 votes in support and 142 against. How did North Carolina's Representatives vote? All of our Democratic Representatives voted in support of the legislation. All of our Republican Representatives votes against the legislation. This reflected the overall vote in the House with the majority of Democrats voting for the legislation and a majority of Republicans voting against the legislation. The vote did not garner the necessary two thirds votes required to override a veto. President Bush did announce earlier in the day that he would veto this new compromise legislation. This bill will now move to the Senate.

Representative G.K. Butterfield Urges Peers to Vote Yes for SCHIP

North Carolina Representative G.K. Butterfield urged his peers today to vote yes for SCHIP. Representative Butterfield stated that 30% of the people living in his district live below the poverty line. "This is serious business for the people in my district in North Carolina. Listen to the debate, listen to the pleas of the children of America and the children of my district".

Read Representative Butterfield's homepage:
http://www.house.gov/butterfield/

URGENT ACTION ALERT: SCHIP Vote is Today! Call Your Representative Now!

ACTION ALERT: Act Now! SCHIP Vote is Today in the House

We need you to call your Representative today. Debate is happening right now on the House floor regarding this important legislation.
Background:
There will be a vote on a new Child Health Insurance bill TODAY (THURSDAY, OCTOBER 25).
Because thousands of you called, Members of Congress are under pressure to enact a bill that insures 10 million children.
But we need a few more votes than last time, to be able to override a Presidential veto. Please call TODAY.

Under the new SCHIP bill that will be voted on today:
* States will not be able to use SCHIP money to cover children in families with incomes above 300 percent of the federal poverty level. (New Jersey, the only state covering children up to 350 percent of the poverty line, will be temporarily allowed to continue.)
* Coverage of childless adults will be phased out in one year (the original bill allowed two years).
*All states must develop plans to minimize the shift from private insurance coverage (for example, providing bonuses to states that help parents pay for child coverage they receive through their employer).
*Bonuses to states will be targeted at enrolling the poorest children in Medicaid.
*States must verify citizenship status; no federal funds may be used to cover undocumented immigrants.
*CMS Moratorium language is included in this compromise legislation. This is important to children with developmental and cognitive disabilities.


Take Action:
Call Your Representative Today. Call TOLL-FREE: 1-800-965-4701 and ask for his/her office.

Tell Them:
-Please vote for the State Children’s Health Insurance Program. I’m a constituent who thinks covering 4 million more uninsured children is a very important vote.


If you do not know who your Representative is, his/her name will be provided when you enter your zip code in the text box when you click on this link: http://capwiz.com/thearc/callalert/index.tt?alertid=10477631&queueid=1509714981

SCHIP: Associated Press Reports President Bush Threatens Veto Revised Bill

The Associated Press is reporting that President Bush will veto the revised SCHIP bill being debated and voted on today on the House floor. Currently on the House floor there have been a two votes to adjourn the House and two procedural votes. There has been no debate on the legislation. The House will have three hours of debate on the new SCHIP bill with no amendments to be presented.

SCHIP Update: C-SPAN Coverage Starts Now

C-SPAN will be covering the SCHIP debate on the House floor starting now. Please check your local listings for C-SPAN coverage.

BREAKING NEWS: SCHIP Update - CMS Language Is Included

A compromise SCHIP bill will head back to the House floor today. According to reports this legislation will include the following:
-Language to cap the program at 300% of the federal poverty level
-provide more incentives to states for covering low-income children
-require states to phase out childless adults within a year
-require states to develop plans and then implement best practices to minimize movement from private coverage to SCHIP
-tighten requirements for documentation to verify U.S. citizenship.

CMS moratorium langauge is included in this compromise legislation.

We will update this blog when we have more information. We will also be closely following the vote today.

Read the bill: H.R. 3963
http://thomas.loc.gov/cgi-bin/thomas





(Special thanks to Faithful Reform in Health Care for their action alert)

Julia's Musings: Thank You to The Arc of Harnett County

On Tuesday evening, I visited a wonderful group of advocates in Harnett County. It was a great meeting with lots of excellent questions and concerns. Special thanks to The Arc of Harnett County for inviting me to speak about policy in North Carolina.

Disability Access and Why It Matters

Tar Heel Emerging Leaders and Disability Law Organization UNC School of Law

Disability Access and Why It Matters
Tuesday, October 30, 2007
6:30 – 8:00 p.m.
UNC School of Law – Room 3049
UNC-Chapel Hill

Featuring Julia Leggett, Policy Coordinator, The Arc of North Carolina
Q&A and Light Refreshments to Follow

Did you know that more than 1.8 million North Carolinians live with some form of a disability? Join us as we discuss the nuances of disability access in the 21st century and how important it is now more than ever. Rather than an issue to be considered in isolation, accessibility is multi-faceted and implicated in every policy decision. From renovating downtowns to building colleges to planning a move of a corporation, disability access is an important consideration at each step of the way.

In celebration of the General Assembly recently designating October as Disability History and Awareness Month in North Carolina, together the Emerging Tar Heel Leaders (ETHL) and the UNC School of Law Disability Law Organization are hosting a forum dedicated to this topic. Julia Leggett, Policy Coordinator for The Arc of North Carolina, will use examples from our state legislature to explain the past, present, and future of disability policy in NC.

To request reasonable accommodations for Disability Access and Why It Matters, contact willifordrebecca@yahoo.com by October 23, 2007.



Parking Information:

After 5pm, parking at the law school will be free and first-come, first-served. The law school – located at 100 Ridge Road – has one main parking lot at its main entrance (with the fountain) and then another lot a little further down Ridge Road at the back of the law school. If both of those lots are full, there is some parking (via meter) on the street along Ridge Road as you approach the law school. If you enter the law school from the main entrance (at the fountain), you'll be on the fifth floor. To get to Room 3049, go the fourth floor and enter the law library; Room 3049 is located inside the library. We will have people there to guide you to the right place!

Federal Policy News: Social Security Cost of Living Adjustment

The Social Security Administration announced a 2.3 percent cost-of-living adjustment (COLA) for Social Security and Supplemental Security Income (SSI) beneficiaries for 2008. The 2008 COLA is the lowest in several years. For people with disabilities, the substantial gainful activity (SGA) level will rise to $940 per month for people with disabilities who are not blind and to $1,570/month for people who are blind. These levels in 2007 were $900 and $1,500, respectively. In the SSI program, the maximum federal payment for an individual will rise to $637 per month, up from $623 in 2007. For couples, the maximum federal payment will be $956/month, up from the 2007 amount of $934. SSI resource limits will remain at $2,000 for individuals and $3,000 for couples. For more details, see SSA’s website: http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2008.htm.


(Special thanks to DPC for providing this information)

Tuesday's Quick Hits: This Weeks Policy Overview

North Carolina:

Transportation:
Today at the General Assembly the first meeting of the Transportation Oversight Committee took place. Today’s meeting included a presentation on the transformation of the North Carolina Department of Transportation. The 21st century NCDOT vision, as presented, will include the following:
-focus on network connectivity and function, not just projects
-enhance systems operations, to leverage existing infrastructure
-establish network performance standards
-greater internal efficiency, ownership and accountability
-prioritized, outcome-based budgets
-link infrastructure delivery and statewide commerce goals
-culture shift, become true service providers

Affordable, accessible, and reliable transportation is a major policy topic for the disability community. Accessible transportation allows us to remain in our communities and provides us a way to access employment opportunities.

Economic Development:
Wednesday the Joint Select Committee on Economic Development Incentives will meet. We will be monitoring this meeting. It is important that as we look at investing in incentive packages for companies to move to North Carolina, that we look at their record of hiring and retaining people with disabilities as employees. Diversity Inc. posts a list annually of the top companies to work for if you are a person with a disability.

Read the current list:
Diversity Inc List of Top 10 Companies:
http://www.diversityinc.com/public/1787.cfm


Federal:

Employment:

On Wednesday, U. S. Secretary of Labor Elaine Chao will recognize employers and individuals for their contributions in employing people with disabilities at an awards ceremony. DPC staff will attend this event.

On Thursday, the House Workforce Protections Subcommittee of the Education and Labor Committee will hold a hearing on H.R. 3582, the Fair Home Health Care Act. The bill creates more limited circumstances in which home health care workers can be exempted from overtime and other provisions of the Fair Labor Standards Act.


(Special thanks to DPC for providing the Federal Updates)

Poll Answer: Which state in 1869 was the first to provide a school for the education of African American deaf students?

The correct answer to this week’s Disability History Question is North Carolina. North Carolina was the first state to provide a school for African American Deaf students. The school was named the Governor Morehead School.

Read More:

Historical Information: An Article from 1927 regarding a deaf lawyer who graduated from the Governor Morehead School for African American Deaf students.

http://deafness.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=deafness&cdn=health&tm=34&gps=282_1158_1276_566&f=21&su=p247.3.140.ip_p726.2.152.ip_p284.8.150.ip_&tt=2&bt=0&bts=0&zu=http%3A//dspace.wrlc.org/view/ImgViewer%3Furl%3Dhttp%3A//dspace.wrlc.org/doc/manifest/2041/40075

About Deafness:
http://deafness.about.com/cs/featurearticles/a/segregated.htm

Gallaudet University Deaf History Timeline:
http://archives.gallaudet.edu/Timeline.htm

Announcement: Presidential Candidates' Forum Webcast

Dear Advocates,
As the date for our presidential candidate forum rapidly approaches, we invite each of you to join the event via our national webcast.
We encourage you to get together in groups to view the event. Have fun forming house parties or office parties to view the event with other advocates. As the following invitation details, if you plan to "tune in" to the webcast, be sure to contact Terri Voth at Granite State Independent Living Center, who will keep tabs on who plans to participate.
We especially encourage advocates in Iowa, South Carolina, and Nevada to organize group gatherings, as these primary states will be of particular interest to the campaigns, and we would all benefit from telling the campaigns who have not yet responded to our invitation to attend the event that their message will have broad reach into these primary states.

Presidential Candidates' Forum
A National Forum on Equality, Opportunity and Access Hosted by Granite State Independent Living

WEBCAST
Friday November 2, 2007
8:30 am to 4:00 pm EST
Made possible by generous support from:
Hands On Video Relay Services, Inc. & and Manchester Community Television
This day-long live event will take place in Manchester, New Hampshire and will feature presidential candidates speaking on disability issues, panel discussions with national disability leaders, and more!
THE ENTIRE EVENT WILL BE WEBCAST AT http://organize.aapdvote.org/t/136421/3672642/6138/0/?u=aHR0cDovL3d3dy5ob3Zycy5jb20v&x=4cc21b33 BEGINNING AT 8:30 A.M. EST.

Please invite your consumers and local constituents to view this important, pre-primary event at your local office or another common gathering area with Internet access.
If your organization will host a Webcast viewing, please contact Terri Voth at Granite State Independent Living, (603) 228-9680 or e-mail terri.voth@gsil.org

The Presidential Candidates' Forum is co-hosted by:
NH Developmental Disabilities Council (NH DDC) NH Disabilities Rights Center (NH DRC) NH Institute on Disability (NH IOD) NH Spinal Cord Injury Association People First of New Hampshire TASH

Sponsored by:
AARP, ADA Watch, ADAPT, American Association of People with Disabilities (AAPD) American Foundation for the Blind (AFB) Association of University Centers on Disabilities (AUCD) Disability Rights Education and Defense Fund (DREDF) Easter Seals Epilepsy Foundation National Association of the Deaf (NAD) National Coalition of Mental Health, Consumer/ Survivor Organizations National Council on Independent Living (NCIL) National Spinal Cord Injury Association New England Chapter Paralyzed Veterans America (NEPVA) Paralyzed Veterans of America (PVA) Self Advocates Becoming Empowered (SABE) Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) The Arc of the United States United Cerebral Palsy (UCP) United Spinal Association and VSA Arts.

This webcast will include CART translation and an on-camera interpreter.
Visit http://organize.aapdvote.org/t/136421/3672642/6139/0/?u=aHR0cDovL3d3dy5nc2lsLm9yZy8%3d&x=6d523040 for more information.

(Information provided by Jim Dickson, AAPD and Justice for All)

SCHIP Veto Override Fails

The U.S. House of Representatives fell 13 votes short in their attempt to override President Bush's veto of SCHIP. North Carolina Representatives voted along party lines with all the Democrats voting for the override and all the Republicans voting against it. The Arc of North Carolina will continue to monitor this legislation and we will also monitor the CMS rule changes that would have been delayed by six months if the override had been successful.

Watch the SCHIP Debate Live!

C-SPAN will cover the SCHIP debate and vote live today starting at 10:00am. Check your local listings for channel information.

SCHIP Vote Override Veto is Scheduled for Today.

Later this morning the U.S. House of Representatives will be voting to override President Bush's veto of SCHIP. Almost every channel this morning is discussing SCHIP and the need for the reauthorization and expansion of SCHIP. C-SPAN will be covering the veto override starting at 10:00am.

This morning we encourage you to take a sip of coffee, then call the office of Representative Robin Hayes.
CALL 1-800-828-0498
ASK to be connected to the office of Representative Robin Hayes.

TELL HIM:
*To change his vote against kids into a vote for kids.
*Please vote for uninsured children in our district and vote to override Bush’s veto of the expansion of the children’s health insurance program.
*Children with special needs are currently served by SCHIP and we need to serve more children with special needs. This expansion legislation will help make that happen.
*This legislation includes a 6 month moratorium on CMS rules that would limit habilitation services under Medicaid’s rehabilitative services option. This moratorium is important to people with disabilities and their families.
*North Carolina did not have enough money to cover families of 4 making under $41,300 because so many lower-income kids in NC need coverage. The program was saved in NC by shifting younger children into Medicaid. We need this new money just to cover the lowest income children in the state.
*A 61 cent increase in the federal cigarette tax to fund the program means 3-4 times more money for NC in increased funding for children’s health insurance than we will ever lose from the increase in the cost of cigarettes.

Julia's Musings: SCHIP Keeps Kids Healthy, So Says My Sign.

Yesterday, I joined fifteen people in a candlelight vigil for SCHIP. While standing in front of the NCGOP Headquarters with my homemade sign, “SCHIP Keeps Kids Healthy”, I had time to ponder the reality of this political debate and veto override showdown. Here is what I decided: voting against children’s health insurance simply makes no sense. It is in the best interest of our state and our nation to insure children’s health. Medical research has shown that preventive care is more cost effective then treating advanced illnesses. You would be hard pressed to find people who feel that taking care of a child’s health needs is not a top priority for any state.

A growing and vocal majority of Americans support the expansion of SCHIP. CBS news just released a poll showing 81% of Americans support this legislation. NC Policy Watch Carolina Issues Poll shows that 60% of North Carolinians support the expansion of SCHIP. Then there is the informal poll, standing on the side of the road and watching drivers give us the thumbs up or an approving honk. Two Democratic Representatives have finally heard the growing choir saying support children’s health care and have decided to vote for kids. On Tuesday Representative McIntyre stated he would vote to override the veto and late today Representative Etheridge decided to join him, both reversing their previous votes.

President Bush had proposed a $5 billion appropriation over 5 years. At that rate, children currently enrolled in SCHIP would be dropped from the program. In the state of North Carolina we had to move children from SCHIP to Medicaid because we ran out of funding dollars. The current legislation is asking for $35 billion and would cover an additional 4 million children.

The Bush administration has also been spinning almost nonstop the issue of the federal poverty level. The current legislation places a limitation on the matching rate for states that propose to cover children with effective family income exceeding 300% of the federal poverty line. The current federal poverty level for a family of four is set at approximately $20,000. That would mean 300% of the federal poverty level is approximately $60,000, not $80,000 as the Bush Administration has stated repeatedly. In North Carolina we have never covered children above 200% of FPL. Over 1,300 children with special needs in North Carolina are receiving their health insurance through SCHIP.

As the clock ticks down on the veto override vote it is imperative that each Representative take a hard look at the importance of providing health care to our most vulnerable citizens, the children. I didn’t have to look far last night to see the importance of taking care of our future. Three of the people holding signs with me were children. They were asking our leadership to protect other children and to do the right thing by voting for the override.


NC Policy Watch Carolina Issues Poll:
http://ncpolicywatch.com/docs/pdfs/NCPW_Survey_100807.pdf


CBS News:
http://www.cbsnews.com/stories/2007/10/17/opinion/polls/main3378278.shtml

Breaking News: Etheridge Will Vote to Override President Bush's SCHIP Veto

The News and Observer's blog, Under the Dome, is reporting that Representative Bob Etheridge has decided to change his vote on SCHIP. Represenative Etheridge voted against SCHIP (State Children's Health Insurance Plan) and up until today had stated he would not vote to override President Bush's veto. Today Representative Etheridge announced that tomorrow on the House floor he will vote for children. Your calls to Representative Ehteridge made this happen.

Read all about it at Under the Dome:

http://projects.newsobserver.com/dome

Help Override President Bush's Veto of SCHIP

Today is national call in day to help override President Bush's veto of SCHIP, State Children's Health Insurance Plan. Here in North Carolina we are asking you to call Representative Bob Etheridge and Representative Robin Hayes. You will find the action alert information bellow this post. Please take a moment today and make this important phone call. Protecting the health of chilren is important take action today!

SCHIP ACTION ALERT: Take Action Wednesday! Help Protect the Health of Children by Supporting the State Children's Health Insurance Program.

On Wednesday, October 17, 2007, we need you to call the offices of Representative Bob Etheridge (D, 2nd District) and Representative Robin Hayes (R, 8th District).

Background:
Thursday, October 18th the U.S. House of Representatives is schedule to vote on overriding President Bush’s veto of legislation to reauthorize and expand SCHIP.
This important legislation does provide health insurance for over 1,300 children in North Carolina with special needs. This legislation also includes a six-month moratorium on proposed regulations to limit habilitation services under Medicaid’s rehabilitative services option.
Here is what is at stake:
1) Health insurance for children in families with incomes up 250% of the federal poverty level.

2) No exclusion from coverage due to pre-existing conditions.

3) Coverage of dental care.

4) Parity for mental health services.

5) A provision for a 6-month moratorium on proposed Centers for Medicare and Medicaid Services regulations on Medicaid's rehabilitation option and school based services for Medicaid-eligible children with disabilities. These regulations would result in billions of dollars in cuts for services for children with disabilities.

We need your voices to help the House of Representatives override the Presidential veto of SCHIP. If you live in the following House members districts we need you to call them.Representative Bob Etherdridge (D, 2nd District)Representative Robin Hayes (R, 8th District)

CALL 1-800-828-0498 ASK to be connected to the office of Etheridge or Hayes.

TELL THEM:

*To change their vote against kids into a vote for kids.

*Please vote for uninsured children in our district and vote to override Bush’s veto of the expansion of the children’s health insurance program.

*Children with special needs are currently served by SCHIP and we need to serve more children with special needs. This expansion legislation will help make that happen.

*This legislation includes a 6 month moratorium on CMS rules that would limit habilitation services under Medicaid’s rehabilitative services option. This moratorium is important to people with disabilities and their families.

*North Carolina did not have enough money to cover families of 4 making under $41,300 because so many lower-income kids in NC need coverage. The program was saved in NC by shifting younger children into Medicaid. We need this new money just to cover the lowest income children in the state.

*A 61 cent increase in the federal cigarette tax to fund the program means 3-4 times more money for NC in increased funding for children’s health insurance than we will ever lose from the increase in the cost of cigarettes.

SCHIP Update: McIntyre Will Support the State Children's Health Insurance Program

U.S. Representative Mike McIntyre announced yesterday that he will be voting to support SCHIP. Representative McIntyre was one of two Democrats from North Carolina who voted against SCHIP in the previous vote. Your responses to the many Action Alerts on SCHIP helped make this vote change happen.

The following information comes directly from Representative McIntyre’s website.
Washington, D.C. – U.S. Representative Mike McIntyre announced today that he will vote to support the State Children’s Health Insurance Program (SCHIP) and not support the presidential veto of this bill.
Congressman McIntyre stated, “As a long-time advocate for children for over 25 years, and as one who has consistently supported family health issues, I will not support President Bush’s veto of the SCHIP bill, and I will vote to override his veto. My objection to the method of funding for this bill and my support of North Carolina’s farmers and the economic well-being of our communities are well-known, but I have always supported the SCHIP program and will do what is necessary to preserve it for the sake of children and families in need. As Chairman of the Agriculture Subcommittee that oversees tobacco, I will also continue to do all that I can to support our farmers and our region’s economy. That commitment has not changed with this vote for our children.”

Read the press release:
http://www.house.gov/mcintyre/assets/news_releases/Oct_07/10_15_07.htm

Federal Policy: Monday Quick Takes

This week is shaping up to be a busy week on the Hill.

SCHIP-State Children’s Health Insurance Program
October 18, Thursday, the House of Representatives is scheduled to vote on overriding President Bush’s veto of legislation to reauthorize and expand SCHIP. This important legislation does provide health insurance for over 1,300 children in North Carolina with special needs. This legislation also includes a six-month moratorium on proposed regulations to limit habilitation services under Medicaid’s rehabilitative services option. We will be issuing a action alert for people to call targeted Representatives on Wednesday.

ADA Restoration Act
The ADA Restoration Act (H.R. 3195) is continuing to build bipartisan support in the House. At last count there were 226 co-sponsors. There is a push underway to try and find Republican co-sponsors for the Senate version of this bill. We will be issuing an action alert soon.

U.S. Congress
When will Congress end session? It looks like session will be heading well into December.


(Special thanks to DPC)

Announcement: Representative Paul Luebke wins Award.

Representative Luebke has received the International Human Rights Award from the Human Rights Coalition of North Carolina. Representative Luebke was the senior sponsor of House Bill 291, the Sudan Divestment Act. Representative Luebke was one of the primary sponsors for House Bill 1641, Study Disabled Access to UNC Facilities and House Bill 935, Radio Reading Services Funds.
The Arc of North Carolina congratulates Representative Luebke on his award.

Poll Answer: Can you identify the architect and visionary behind "universal design"?

The answer to this weeks poll question is Ron Mace. Mr. Mace, a North Carolinian, was a national and internationally recognized architect, designer and educator. He was also a personal friend of mine and my mentor. I am a disability rights advocate because Ron Mace mentored me and supported my work. Mr. Mace coined the term “universal design”. An environment designed to be “universal” means that space is useable and accessible to everyone regardless of their age or ability. Ron Mace graduated from the School of Design at North Carolina State University. Ron worked to produce the first building code for accessibility in the nation. Ron Mace’s work in accessible design was integral to the passage of the Americans with Disabilities Act. Mr. Mace is the founder of The Center for Universal Design.

Read more about Ron Mace:
http://www.design.ncsu.edu/cud/about_us/usronmace.htm

NEWS: October is Disability Employment Month

The National Council on Disabilities recently released its report on disability employment, “Empowerment for Americans with Disabilities: Breaking Barriers to Careers and Full Employment”. The report details the barriers that people with disabilities face when trying to enter the workforce.
Currently the employment rate for working-age people with disabilities is half that of people without disabilities. The report states that two-thirds of people with disabilities who are unemployed want to find work. The report examines barriers to employment faced by people with disabilities by looking at the perspectives of both employer and prospective hire.

“The key challenges and barriers to greater employment of people with disabilities reflect both the supply side and demand side of the labor market. On the supply side, some people with disabilities have extra costs associated with working: education or training gaps, the need for flexible work arrangements, and disincentives from disability income and health care. On the demand side, the barriers include employer discrimination and reluctance to hire, corporate cultures that are not disability-friendly, and the need for accommodations.”

The report does highlight some good news for those people with disabilities who are moving into the job market. Continued growth in the information technology sector allows for more employment options for people with disabilities. Many companies are giving their employees opportunities for telecommuting and flexible work arrangements. For people with disabilities, these options afford many more possibilities for career development. There is also the increased attention to diversity in the workplace to consider. People with disabilities make up the largest minority group in the United States, and corporations view them as a sub-culture when forming their diversity plans.

The report concludes by offering policy suggestions on how to encourage corporations to increase the percentage of people with disabilities that they hire.

Read the report:
http://www.ncd.gov/newsroom/publications/2007/NCDEmployment_20071001.htm

Presidential Proclamation:
National Disability Employment Awareness Month is an opportunity to recognize the contributions and accomplishments of Americans with disabilities and to underscore our Nation's commitment to advancing employment opportunities for all our citizens.
Americans with disabilities strengthen our country's workforce, and their achievements help keep our Nation the world's economic leader. Landmark reforms such as the Americans with Disabilities Act of 1990 have helped to ensure that individuals with disabilities are better able to engage in productive work and participate fully in the life of our Nation. It is important that we continue to expand on these opportunities for Americans with disabilities by eliminating the barriers and false perceptions that hinder them from joining the workforce. By enhancing the workplace environment for people with disabilities, employers can help provide access to jobs that allow these individuals to demonstrate their potential and realize their dreams.
Since 2001, my New Freedom Initiative has helped promote the full participation of people with disabilities in all areas of society, including education, training, and employment. Programs such as "Ticket to Work" and services at One-Stop Career Centers have helped improve access to employment training and placement services for individuals who want to work. Throughout the Federal Government, we have worked to improve access to jobs for individuals with disabilities and to promote greater inclusiveness in the workforce. Individuals and employers can learn more about the Federal Government's disability-related programs by visiting DisabilityInfo.gov. We will continue to build on the progress that has been made for individuals with disabilities and will work to ensure that our Nation remains a place of opportunity for all Americans.
To recognize the contributions of Americans with disabilities and to encourage all citizens to ensure equal opportunity in the workforce, the Congress (36 U.S.C. 121) has designated October of each year as "National Disability Employment Awareness Month."
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 2007 as National Disability Employment Awareness Month. I call upon Government officials, labor leaders, employers, and the people of the United States to observe this month with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of September, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second.
GEORGE W. BUSH

LEGISLATIVE UPDATE: H.R. 2895 National Affordable Housing Trust Fund Passes the U.S. House

On Monday October 8, 2007 we asked you to call your Representatives and ask them to support the National Affordable Housing Trust Fund Act. Your hard work paid off!
Congratulations to each of you for the victory that together we achieved yesterday!
The U.S. House of Representatives passed H.R. 2895, the National Affordable Housing Trust Fund Act of 2007, by a vote of 264-148, on October 10.
The intent of this legislation is to construct, rehabilitate, and preserve over one million units of affordable housing during the next ten years. Many of these housing initiatives will be targeted to help people with extremely low incomes. People with disabilities receiving SSI will be assisted by this legislation. The disability community, including The Arc, has strongly supported the creation of a national housing trust fund. Affordable and accessible housing is a crucial part of building inclusive communities. This legislation will assist in increasing the production of accessible affordable housing in our nation.
H.R. 2895, the National Affordable Housing Trust Fund Act of 2007 received strong bi partisan support. Similar legislation will be introduced in the Senate in the coming weeks.
We will again be calling on you to take action by calling Senator Elizabeth Dole and Senator Richard Burr and asking for their support.
How did your North Carolina Representatives Vote?
Yes:
Representatives Butterfield (D 1st), Etheridge (D 2nd), Hayes (R 8th), McIntyre (D 7th), Miller (D 13th), Price (D 4th), Schuler (D 11th), and Watt (D 12th).

No:
Coble (R 6th), Foxx (R 5th), Jones (R 3rd), Myrick (R 9th), and McHenry (R 10th)


(Special thanks to DPC and NHILC for their contributions to this post)

The Arc of North Carolina Signs on to Taser Letter

The Arc of North Carolina signed onto the American Civil Liberties Union letter to the state Sheriffs Association, addressing the need for a comprehensive statewide policy on the use of Tasers. The Arc of North Carolina supports this letter due to a growing concern regarding the use of Tasers on people with cognitive and developmental disabilities.
It is imperative that law enforcement personnel are trained to communicate and interact effectively with people with disabilities.

Julia's Musings: Part of the "Crucial Conversation" Almost Silent

Today I attended NC Policy Watch’s Crucial Conversation on transportation. In the world of disability policy, transportation is one of the most complex topics on the agenda.
It was gratifying to know that this is true of transportation policy in general. With thousands of new people every year immigrating to our state, a major problem is the lack of a short or a long range plan to handle the added congestion. The panelists discussed how to plan community growth and transportation at the same time, including how to maintain our current roadways while looking for alternative transportation solutions. Mentioned often during this event was the reality that the Federal Highway Trust Fund is facing bankruptcy and the ongoing debate regarding the use of the General Fund to support North Carolina’s Highway Trust Fund. Then there was the discussion of the light rail in Charlotte, which is opening in a few weeks, and the economic development that is occurring around the rail area.

Noticeably missing from this important conversation was a discussion on accessible transportation needs. Our state is home to 1.8 million people with disabilities. North Carolina is also home to some of the largest military bases in our nation, and that means there is a growing population of disabled veterans. Our state also passed broad legislation, Developmental Disability/Mental Health/Substance Abuse Service Reform, which began the movement of people with disabilities out of institutions and into communities. With all of these factors to consider, only once was there a mention of accessible transportation by any of the four panelists.

Affordable, reliable and accessible transportation options are a major component in community inclusion for people with disabilities. They are integral to securing equitable employment opportunities. Accessible transportation and affordable housing options are the building blocks for a successful transition to independence for a person with a developmental disability. It is time that leaders in our state look at the broader picture. If DD/MH/SAS System Reform is to be a success, if we are truly going to create sustainable and inclusive options for people with disabilities, and if we are going to really invest in supported employment options, people with disabilities must be included in the discussion on transportation infrastructure.

ACTION ALERT: SCHIP Support the Veto Override!

SCHIP ACTION ALERT:

SCHIP expansion legislation, which was vetoed by President Bush, will be returning to the U.S. House the week of October 15th. Leadership in the House has been working to secure enough votes to override the veto. In North Carolina only five members of Congress voted to support the expansion of SCHIP. That means ten members of Congress voted against expanding health insurance to children in our state.

We need your voices to help the House of Representatives override the Presidential veto of SCHIP.

If you live in the following House members districts we need you to call them.
Representative Bob Etherdridge (D, 2nd District)

Representative McIntyre (D, 7th District)

Representative Hayes (R, 8th District)

CALL 1-800-828-0498

ASK to be connected to the office of McIntyre, Etheridge or Hayes.

TELL THEM:

*To change their vote against kids into a vote for kids.

*Please vote for uninsured children in our district and vote to override Bush’s veto of the expansion of the children’s health insurance program.

*Children with special needs are currently served by SCHIP and we need to serve more children with special needs. This expansion legislation will help make that happen.

*A 61 cent increase in the federal cigarette tax to fund the program means 3-4 times more money for NC in increased funding for children’s health insurance than we will ever lose from the increase in the cost of cigarettes.

*NC farmers and quota holders are in the process of getting over $11 billion in direct payments from the tobacco buyout and the national tobacco settlement. Isn’t it about time we helped children – especially of workers in other industries who are losing health care?

NEWS: Special Olympic World Games in China

CNN ran a story today regarding China and Special Olympics World Games. The article discusses the changing perception of disability in China. This changing attitude is a positive development for China. In 333 days they will play host to another talented group of athletes with disabilities with the start of the Paralympics.

Read the story:
http://www.cnn.com/2007/WORLD/asiapcf/10/08/special.olympics/index.html?iref=newssearch

Special Olympics:
http://www.specialolympics.org/Special+Olympics+Public+Website/default.htm

Paralympics:
http://www.paralympic.org/release/Main_Sections_Menu/index.html

The Arc of North Carolina September Legislative Update

This month’s legislative update will cover a review of the North Carolina General Assembly’s Special Session, the first Joint Legislative Oversight Committee Meeting on Mental Health/Developmental Disabilities/Substance Abuse Services Reform and an update on SCHIP, ADA Restoration Act and CMS proposed rules changes.

General Assembly Special Session
On Tuesday September 11, 2007 the House and Senate adjourned closing both the Special and Extra Special Session. The following legislation passed the House and Senate and was signed into law by Governor Mike Easley.
House Bill 4-Session Law 2007-552 Extra Session is titled: Job Maintenance and Capital Development Fund. This legislation will allocate $60 million from the General Fund to the Job Maintenance and Capital Development Fund. The Job Maintenance and Capital Development Fund will have an allocation of $5 million for the 2008-2009 Fiscal Budget.
This legislation passed the House with a vote of Ayes 61 No 44 and passed the Senate with a vote of Ayes 25 and No 16.

Joint Legislative Oversight Committee MH/DD/SA
The Joint Legislative Oversight Committee for MH/DD/SAS Reform met on Tuesday, September 25, 2007. The agenda included a formal introduction of Secretary Dempsey Benton who is replacing Secretary Carmen Hooker Odom and Secretary of DHHS Secretary Benton stated that he is looking forward to working with the Legislative Oversight Committee on improving MH DD SA. He stated that Governor Easley had an overriding goal for the department to do as much as possible to fix the MH DD SA system, enhance accountability and identify long term structural improvements.
Dr. Alice Lin gave an overview of her report on the state of LMEs and the overall progress of MH/DD/SA system reform. Dr. Lin pointed to the speed at which NC moved through system reform. She stressed that it takes time for reform to take hold. Lin spoke to the need to develop provider capacity in implementing the remaining crisis services and in brining SA into the system. During Dr. Lin’s presentation she did briefly address the urgent need to look at developmental disability services and to maybe look at moving them out of MH/SA. The second section of the meeting agenda was dedicated to the closure of the state psychiatric hospitals. The final topic on the agenda was a report from different state departments. These included a review of the Housing 400 initiative, a report on the increase in CAP slots and the need for LMEs to focus on ways to move people with developmental disabilities centers into the community.
The next Joint Legislative Oversight Committee meeting is scheduled for October 31, 2007. The main focus of this meeting will be Substance Abuse Services.

Federal Policy Updates
SCHIP – State Children’s Health Insurance Program
SCHIP compromise legislation (H.R. 976) was passed by both the House and the Senate this month. The legislation would authorize an additional $35 billion over the next five years to increase the number of children enrolled in SCHIP from 6 million to 10 million. Funding for this legislation will come from a 61-cent increase in the federal tobacco tax. This compromise legislation included a 6-month moratorium on implementation of Centers for Medicare and Medicaid (CMS) proposed rule changes. These rule changes would affect Medicaid’s rehab option and school based services.
North Carolina Senators voted as follows:
No Vote: Senator Elizabeth Dole and Senator Richard Burr
North Carolina Representatives voted as follows:Voting Yes: Representatives Butterfield (D 1st), Price (D 4th), Miller (D 13th), Shuler (D 11th) and Watt (D 12th).Voting No: Representatives Coble (R 6th), Etheridge (D 2nd), Foxx (R 5th), Hayes (R 8th), Jones (R 3rd), McHenry (R 10th), McIntyre (D 7th), and Myrick (R 9th).

ADA Restoration Act
H.R. 3195, the ADA Restoration Act
During the month of September, The Arc of the United States and other leading disability rights organizations have been working on securing sponsors for this legislation. This bill must get through four different committees in the House that have jurisdiction over the ADA. The first of these hearings will occur on Thursday, October 4. The ADA Restoration Act will restore the intent of this legislation that has been eroded by recent Supreme Court rulings.
The following North Carolina Representatives have signed on to support this legislation: Representative G.K. Butterfield (D 1st), Bob Etheridge (D 2nd), David Price (D 4th), Howard Coble (R 6th), and Brad Miller (D 13th).

Medicaid/CMS Proposed Rules Update
The Arc and UCP signed on to a letter along with other school and disability groups to have Congress agree to a 1-year moratorium on CMS rules on administrative and transportation claiming under Medicaid for special education students.
Continuing Resolution Update
The Congress passed and the President signed a Continuing Resolution that kept the government functioning under the budget for the previous fiscal year. The agreement that will continue until November 16, 2007 secures funding for all current government programs including SCHIP.

In depth articles on these topics are located in the blog archive. You can access this archive by scrolling down the left side of this page.

BREAKING NEWS:

WRAL News is reporting that a Durham judge has dismissed murder charges against Floyd Brown, a man with a cognitive disability. Mr. Brown has spent the past 14 years at Dorothea Dix awaiting trial on a murder charge.
Read the story:
http://www.wral.com/

Action Alert: Ask Your Representative to Vote for the National Affordable Housing Trust Fund Act

The ability for people with disabilities to access afordable housing is crucial to the development of strong inclusive communities. We urge you to take action today!


Ask your Representative to Vote for the National Affordable Housing Trust Fund Act (H.R. 2895)

Take Action!

Background
On Wednesday, October 10, the House of Representatives will take up H.R. 2895, the National Affordable Housing Trust Fund Act. The purpose of this bill is to construct, rehabilitate, and preserve over one million units of affordable housing during the next 10 years. Much of this housing will be targeted to individuals with extremely low incomes, including those receiving Supplemental Security Income (SSI) benefits.
The disability community, including The Arc and UCP, has strongly supported the creation of a national housing trust fund because increased production will alleviate the housing affordability crisis facing people with disabilities as well as increase the amount of wheelchair accessible housing across America.
Take Action
Call toll free: 877-210-5351. Ask to speak to the person who handles housing issues for your Representative.
Call Message
I urge Representative ___ to support passage of H.R. 2895, the National Affordable Housing Trust Fund Act of 2007.

Amicus Brief: In Support of Floyd Brown

The Arc of North Carolina filed an Amicus Brief in support of Floyd Brown. Today a hearing was held in this case. We will continue to update you as information becomes available.

Read the Amicus Brief:


BRIEF OF AMICI CURIAE
CAROLINA LEGAL ASSISTANCE
AND THE ARC OF NORTH CAROLINA IN SUPPORT OF
FLOYD LEE BROWN

APPLICATION FOR WRIT
OF HABEAS CORPUS

Interest of Amici Curiae

1. Carolina Legal Assistance (“CLA”) is North Carolina’s designated Protection and Advocacy System (“P&A”) authorized under federal law to protect and advocate for the rights of individuals with disabilities. See 42 U.S.C. §10801 et seq.; 42 U.S.C. § 15041 et seq. CLA is mandated to “protect the legal and human rights of individuals with developmental disabilities” and to “pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services, or habilitation.” 42 U.S.C. §15041, 15043.
2. The case of Floyd Brown (“Mr. Brown”), who has mental retardation[1], is of particular interest to CLA because of CLA’s long commitment to the equitable treatment of persons with mental retardation when they encounter the criminal justice system, whether as a victim, witness, or defendant. Mr. Brown’s fourteen-year confinement to Dorothea Dix Hospital – without a trial on the charge that confines him – highlights a troubling system capable of abuse by law enforcement and State officials. Mr. Brown has suffered unequal treatment and violation of his rights because his mental retardation renders him incapable to stand trial. For fourteen years Mr. Brown has been committed to a psychiatric institution for treatment to “gain” capacity when he has mental retardation, a condition from which he cannot “recover.” Without relief by this Court, Mr. Brown will remain confined at a psychiatric hospital as long as the criminal charge against him is not dismissed with prejudice – a fate that violates basic notions of fair play and Mr. Brown’s right to due process under the law. See U.S. Const, Amendment 14; N.C. Const, art. I, § 19; Jackson v. Indiana, 406 U.S. 715 (1972).
3. The Arc of North Carolina (“The Arc”) is a statewide membership organization which is incorporated as a non-profit corporation under Chapter 56B of the General Statutes of North Carolina. The mission of The Arc is to secure “for all people with mental retardation and other developmental disabilities the opportunity to choose and realize their goals of where and how they learn, live, work and play.” The Arc has 45 local chapters throughout North Carolina and approximately 4500 members, the great majority of whom are people with mental retardation or other developmental disabilities and their family members.
4. The goal of equitable treatment of people with mental retardation in the criminal justice system has been a priority of The Arc for many years. For example, Arc members and staff were actively involved in the legislative effort leading the passage of Senate Bill 173 in 2001 which created N.C. Gen. Stat. §15A-2005, prohibiting application of the death penalty to a defendant with mental retardation.

Source of Authority to File
5. Amici have filed with the Court a Motion for leave to file this Brief in support of Mr. Brown’s Application for the Writ of Habeas Corpus.

Argument
6. It is well settled that it is fundamentally unfair for the State to proceed against a defendant who is not competent to stand trial. Drope v. Missouri, 420 U.S. 162, 172 (1975). North Carolina’s Criminal Procedures Act (“Chapter 15A”) expressly prohibits trying, convicting, sentencing or punishing a criminal defendant “for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings or to assist in his defense in a rational or reasonable manner.” N.C. Gen. Stat. § 15A-1001(a). “The objective of the statute is to ensure that a defendant will not be tried or punished while mentally incapacitated.” State v. Aytche, 98 N.C. App. 358, 361, 39 S.E.2d 43, 45 (1990). The bar against trying an incompetent defendant is deemed “fundamental to an adversary system of justice.” Drope at 172. The principle promotes the individual’s interest in avoiding an unjust conviction as well as the societal interest in the reliability of the criminal process. See State v. McRae, 139 N.C. App. 387, 389, 533 S.E.2d 557, 559 (2000).
7. In 1993, Mr. Brown was found incapable of proceeding to trial based upon a report of Robert Rollins, M.D. (“Dr. Rollins”), then Director of the Forensic Psychiatry Division of Dorothea Dix Hospital (“Dorothea Dix”). In his report, Dr. Rollins opined that Mr. Brown’s “mental retardation impairs his ability to understand his position with regard to the law, understand the nature and object of the proceedings against him, conduct his defense in a rational manner, and cooperate with his attorney.” Def’s Ex. 2 (Competency Evaluation dated 8/11/93) (emphasis added)[2]. Dr. Rollins further concluded in 1993 that “[e]verything considered,” he did not “foresee there is going to be any significant improvement in Mr. Brown’s situation.” Id.
8. Based upon Dr. Rollins’s report, the trial court found Mr. Brown incapable of proceeding to trial. Def’s Ex. 4 (Order dated 8/17/93). Under Chapter 15A, if a trial court determines a defendant is incapable of proceeding, the trial court then “shall determine whether there are reasonable grounds to believe the defendant meets the criteria for [civil] involuntary commitment under Part 7 of Article 5 of Chapter 122C of the General Statutes.” N.C. Gen. Stat. § 15A-1003(a).
If the [trial court] finds reasonable grounds to believe that the defendant meets the criteria, [the trial court] shall make findings of fact and issue a custody order in the same manner, upon the same grounds and with the same effect as an order issued by a clerk or magistrate pursuant to G.S. 122C-261. Proceedings thereafter are in accordance with Part 7 of Article 5 of Chapter 122C . . . .

Id.

9. The trial court failed to make findings as to whether Mr. Brown met the criteria for involuntary commitment under Chapter 122C. Rather, the trial court merely concluded Mr. Brown was a “House Bill 95 patient” and committed Mr. Brown to Dorothea Dix for “such treatment as will enable him to become competent to proceed.” Def’s Ex. 4 (Order dated 8/17/93). The trial court further ordered that Mr. Brown could not be released “except under a Court Order finding him capable of proceeding.” Id.
10. The trial court also failed to order Dorothea Dix staff to report on the likelihood of Mr. Brown’s gaining capacity to proceed as required by Chapter 15A. See N.C. Gen. Stat. § 15A-1004(a). However, a review of Mr. Brown’s psychiatric evaluations and Chapter 122C evaluations from 1993 to 2000 reveal multiple determinations by physicians that Mr. Brown will never gain the capacity to proceed to trial. In Dr. Rollins’s initial forensic psychiatric evaluation in August 1993, Dr. Rollins stated he could not “foresee there is going to be any significant improvement in Mr. Brown’s situation.” Def’s Ex. 2 (Competency Evaluation dated 8/11/93). In his September 1993 psychiatric evaluation, Dr. Rollins stated he “[did] not believe he will regain competency for trial.” Def’s Ex. 6 (Competency Evaluation dated 09/28/92). In March 1995 and again in July 1996, Freerk Wouters, M.D. (“Dr. Wouters”), the attending psychiatrist at Dorothea Dix, opined Mr. Brown “[w]ill never regain competence to proceed due to M[ental] R[etardation].” Amici Ex. 1 (Examination and Recommendation dated 3/30/95); see Amici Ex. 2 (Examination and Recommendation dated 7/1/96) (emphasis added). In March 2000, Dr. Rollins again opined it was “unlikely that Mr. Brown ever will regain competency for trial.” Amici Ex. 3 (Forensic Outpatient Summary dated 3/16/00).
11. Mr. Brown is diagnosed with mild mental retardation. Contrary to its name, mild mental retardation is a substantial disability. Every individual with mental retardation has, as acknowledged by the Supreme Court, “major cognitive and behavioral deficits, i.e., ‘subaverage intellectual functioning’ and ‘significant limitations in adaptive skills such as communication, self-care, and self-direction.’” Atkins v. Virginia, 536 U.S. 304, 318 (2002). These cognitive and adaptive limitations leave the person who has mental retardation with “a reduced ability to cope with and function in the everyday world.” Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 442 (1985). Moreover, the Supreme Court in Atkins recognized the vulnerability of this population in the criminal justice system, when the Court ruled it was cruel and unusual punishment to apply the death penalty to persons with mental retardation. Atkins at 317 (noting “some characteristics of mental retardation undermine the strength of the procedural protections that our capital jurisprudence steadfastly guards”).
12. Since he was a small child, Mr. Brown’s IQ has consistently been determined to be in the low 50s, placing him at the lowest level of mild mental retardation and on the border of moderate mental retardation.[3] When he reached age 16, Mr. Brown continued to function at the level of a kindergartener, academically and socially. Def’s Ex. 28 (Mr. Brown’s School Records, p 38). At age 16, Mr. Brown was unable to tell time, handle money, write his own name and address, and read and understand basic words such as “exit” and “stop.” Def’s Ex. 32 (Mary Helen Gaddy Affidavit ¶¶ 5-13); Def’s Ex. 33 (Shirley Lindsey Affidavit ¶ 6-15); Def’s Ex. 28 (Mr. Brown Brown’s School Records, p 53); Def’s Ex. 31 (Order Declaring Defendant to be Mentally Retarded ¶ 19). At age 26, four months before his arrest on the pending charge, Mr. Brown was evaluated by the McLaurin Vocational Training Center, a sheltered workshop for people with developmental disabilities that Mr. Brown attended from 1988 until his arrest in 1993. That evaluation placed Mr. Brown’s IQ at 54 and reported that Mr. Brown continued to have substantial functional limitations in self-direction, language, and mobility, and he continued to be unable to tell or understand time. Def’s Ex. 35 (McLaurin Center Records, pp 14-15, 22-23). The McLaurin Center evaluation is consistent with Dr. Rollin’s initial evaluation of Mr. Brown, in which Dr. Rollins noted that, after his arrest, Mr. Brown did not know dates and had poor vocabulary. Def’s Ex. 7 (Competency Evaluation dated 12/1/94).
13. The mental health staff at Dorothea Dix agree that, due to Mr. Brown’s mental retardation, he was not capable of making the confession the District Attorney alleges Mr. Brown made. Dr. Rollins described the confession as “too educated, too sophisticated, too relevant, too cohesive for Mr. Brown.” Def’s Ex. 37 (Hearing on Motion to Suppress, Vol 1 pp 164, 167). Mark Hazelrigg, Ph.D., a psychologist who has worked with Mr. Brown since 2001, averred that “[t]he alleged confession is not representative of the way Mr. Brown speaks. . . . As a whole, the alleged confession is too detailed and organized for even a normally intelligent person.” Def’s Ex. 38 (Mark Hazelrigg Affidavit ¶ 5, 11). Research on adaptive skills and personality characteristics of persons with mental retardation indicates those persons are highly suggestible to leading questions and false information supplied by interrogators and are more likely to respond to coercion and pressure than the average typically-functioning individual. Solomon M. Fulero & Caroline Everington, Assessing the Capacity of Persons with Mental Retardation to Waive Miranda Rights: A Jurisprudent Therapy Perspective, 28 Law & Psychol. Rev. 53, 55 (2004). Moreover, the Supreme Court has noted the heightened vulnerability of defendants with mental retardation to making false confessions. Atkins at 320.
14. Mr. Brown is indeed in a “cruel legal limbo.” Def’s Application for Writ of Habeas Corpus, ¶ 1; see also Scott Michaels, Man Held Without Trial for 14 Years (Oct. 2, 2007), available at http://abcnews.go.com/TheLaw/story?id=3673696&page=1 (attached as Amici Ex. 4). Based solely on the alleged confession, the Anson County District Attorney has refused to dismiss the charge with prejudice, instead dismissing the charge with leave to reinstate should Brown gain capacity to proceed to trial. Despite medical opinion and legal findings that Mr. Brown does not have capacity to proceed to trial, the trial court also has refused to dismiss the charge, as would be permitted by N.C. Gen. Stat. § 15A-1008. For the fourteen years the charge has remained viable, Mr. Brown has remained a “House Bill 95” patient at Dorothea Dix, a status prohibiting the mental health staff from releasing Mr. Brown to an appropriate, supervised placement.
15. Mr. Brown’s continued confinement at Dorothea Dix violates his rights to due process and equal protection under Article I, Section 19 of the North Carolina Constitution, the Fourteenth Amendment, and Jackson v. Indiana, 406 U.S. 715 (1972). In Jackson, the Supreme Court considered the very question presented by Mr. Brown’s case: the due process and equal protection rights of individuals who are committed to institutions because they are not capable of proceeding to trial. The Court found that the United States Constitution requires that, at a minimum, “the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.” Id. at 738. The Court therefore held that due process prohibits a state from continuing to confine a person charged with a criminal offense for more than a reasonable period to determine whether there is a substantial likelihood that he may be restored to capacity to stand trial in the foreseeable future and, further, that the state must demonstrate that the person is making progress toward that goal. Id. The Court also held that the state deprived Jackson, who would never be restored to competency to stand trial, of equal protection by subjecting him to a more lenient commitment standard and to a more stringent standard of release than those available under civil commitment. Id. at 724.
16. Amici contend that the designation of Mr. Brown as a “House Bill 95” patient, and his subsequent indefinite confinement without any reasonable likelihood of becoming competent, violate the principles of Jackson. Amici acknowledge the procedural difference between Jackson and the present case – namely, that after being committed under a criminal statute, Mr. Brown was then committed pursuant to our civil commitment statutes. Amici contend, however, that the “House Bill 95” designation renders that procedural difference meaningless.
17. Under N.C. Gen. Stat. § 122C-277, the attending physician of a mental health facility must unconditionally discharge a civilly committed patient once the physician determines the patient is no longer in need of inpatient commitment. However, if the patient was initially committed “as the result of conduct resulting in his being charged with a violent crime for which he was found . . . incapable of standing trial” the physician cannot discharge the patient but instead must notify the Clerk of Superior Court that the physician recommends release, and a hearing must be held to determine the appropriateness of release under Chapter 122C. N.C. Gen. Stat. § 122C-277.
18. Upon information and belief, a “House Bill 95” patient cannot be recommended for release from Dorothea Dix as long as a charge of a violent crime is pending against that patient, and regardless of whether the patient (i) no longer poses a risk of danger to self or others or (ii) is incapable of standing trial. This policy is evidenced by the 122C forms in Mr. Brown’s file entitled “Examination and Recommendation to Determine Necessity for Involuntary Commitment.” As far back as June 18, 1995, Dr. Wouters opined on the form that Brown was “ready for discharge” but the legal process and Thomas S. process were “both slow.” Amici Ex. 5 (Examination and Recommendation dated 6/18/95). Despite being “ready for discharge,” Dr. Wouters still checked the box indicating Brown was dangerous to others “because of an accompanying [to his mental retardation] behavior disorder,” thus keeping Brown involuntarily committed. Id. On August 22, 1996, Dr. Wouters noted that Brown had “exemplary behavior” but the same “dangerous” box was checked. Amici Ex. 6 (Examination and Recommendation dated 8/22/96). On February 14, 2001, B.D. Worf, M.D. noted Brown had been behaviorally stable “for some time” and yet, again, the “dangerous” box was checked. Amici Ex. 7 (Examination and Recommendation dated 2/14/01). From February to May 2001, two different physicians noted on the reports that Brown’s treatment team recommended placement in a “safe, structured, supervised group home if approved by the legal system.” Amici Ex. 8 (Examination and Recommendation dated 4/10/01) (emphasis added); see Amici Ex. 7 (Examination and Recommendation dated 2/14/01); Amici Ex. 9 (Examination and Recommendation dated 5/23/01) (noting Mr. Brown “has improved but remains HB-95 status. He may be able to proceed with placement at a closely supervised group home setting if allowed by court”) (emphasis added).
19. In 1984 our appellate court upheld the constitutionality of § 122C-277 (formerly § 122-58.13) based on the understanding that people were not “committed indefinitely” as proscribed by Jackson. See In re Rogers, 63 N.C. App. 705, 306 S.E.2d 510 (1983), disc. rev. denied, appeal dismissed, 309 N.C. 633, 308 S.E.2d 716 (1983), appeal dismissed, 465 U.S. 1095, 80 L.Ed.2d 117 (1984) (upholding constitutionality of former G.S. 122-58.13). In the present case, given our mental health facilities’ policy and practice of not recommending release for House Bill 95 patients under Chapter 122C and instead continuing to recommend involuntary commitment, amici posit that Mr. Brown is in fact committed indefinitely, absent judicial inquiry and intervention.
20. Dorothea Dix psychologist Elizabeth Donegan issued a report in February 2003 that, after taking “competency classes” for ten years, Mr. Brown was capable of proceeding to trial. Def’s Ex. 14 (Evaluation dated 2/10/03). Unfortunately, her report did not end Mr. Brown’s stalemate in the process. Once in court, it was apparent to the trial court that Mr. Brown was in fact unable to participate. The trial court found Mr. Brown incapable of proceeding to trial once again and he was returned to Dorothea Dix, where he remains today.
21. Despite Floyd Brown’s clear incapacity to stand trial and his fourteen years of confinement, the District Attorney will not dismiss the charge. In Mr. Brown’s case, as in Jackson, there is a “denial of due process inherent in holding pending criminal charges indefinitely over the head of one who will never have a chance to prove his innocence.” Jackson at 740.

Conclusion
22. In a case such as this, where a defendant with mental retardation has remained confined for fourteen years on a questionable charge with no opportunity to stand trial, our system must address whether Mr. Brown is entitled to some chance for freedom. Amici contend this case is appropriate for habeas relief to determine the lawfulness of Mr. Brown’s continued confinement under Chapters 15A and 122C of our General Statutes.

[1] Many professionals now use the term “intellectual disabilities” instead of “mental retardation.”
[2] Throughout this Brief, Amici will refer to and incorporate by reference Defendant Floyd Brown’s Exhibits to his Application for the Writ of Habeas Corpus.
[3] People with mental retardation are classified in a system of four categories: mild, moderate, severe, and profound. “Mild" mental retardation is typically used to describe people with an IQ level of 50-55 to approximately 70. “Moderate” mental retardation is typically used to describe people with an IQ level of 35-40 to 40-55. American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 42 (4th ed., 2000).

Poll Answer: Who is the recognized "father" of the ADA?

The correct answer was Justin Dart, Jr. Justin Dart was one of the most influential leaders of the disability rights movement. Mr. Dart was awarded the Presidential Medal of Freedom.

Read more about Justin Dart, Jr.
http://www.medaloffreedom.com/JustinDartJr.htm

NEWS: The Arc of North Carolina Signs On To Amicus Brief

The Arc of North Carolina signed on to an Amicus Brief filed by Carolina Legal Assistance (North Carolina’s Protection and Advocacy system) in the case of Floyd Brown, a man with cognitive disabilities. The Arc of North Carolina has long advocated for the equitable treatment of people with cognitive disabilities in the criminal justice system. Floyd Brown, a man with an IQ of 50, was accused of murder fourteen years ago. In 1993 he was admitted into Dorothea Dix Hospital for evaluation. Since then he has been confined without due process at Dix, a state psychiatric hospital. He has never had a trial. He has never had an opportunity to hear the evidence the state has against him. Throughout his confinement at Dorothea Dix state doctors have stated that Mr. Brown lacks the mental capacity to participate in his trial. Mental health professionals have stated that Mr. Brown’s behavior is no longer dangerous, yet he remains at Dix, a prisoner of a flawed system. The Arc of North Carolina has long fought for the equitable treatment of all people with cognitive and developmental disabilities. This standard of equitable treatment must be upheld by our state’s Judicial System. Is Floyd Brown less deserving of his Constitutional rights simply because of his cognitive disabilities?

Read the press release from CLA:
http://thearcnc.blogspot.com/2007/09/news-disability-rights-organization.html

Julia's Musings: I Can Not Be Cured

Really, it’s true. I can not be cured. I was born with my disability and I am going to die with my disability. My disability does not define me, but is simply part of who I am. I will never recover from it. Throughout my life I am going to require different supportive services. When I was born, my disability did not cause any issues in my life. By the time I was a teen I needed to use crutches on occasion. In my twenties I need to brace specific joints to keep them in place. At the age of thirty I purchased my first wheelchair. In 2001 I found out that I was loosing my hearing. I started to learn sign language so that I could return to college and successfully complete my bachelor’s degree. What the future holds is a mystery to me. Will I need more adaptive equipment, a power chair or a personal care attendant? I have no clue. I can tell you with certainty that this situation is not unique to me. These are the stories shared by the thousands of people who have developmental disabilities. It is a story that does not fit into the current “recovery model” of Mental Health Reform. It does not fit neatly in a box.
People with developmental disabilities have been forced, since Developmental Disabilities/Mental Health/Substance Abuse Services Reform, to try and fit into a "recovery model" that ignores their individual needs. Children with developmental disabilities require early intervention services that will maximize their individual strengths and provide a strong base for a child to acquire independent living skills. Early intervention increases the potential for a future high quality of life. During the most formative school years, children with developmental disabilities deserve an equitable education. Adults with developmental disabilities need to have access to services that both increase independence and provide support where it is needed.
We do not need to "recover" from our disability. We do not need to be cured. It is a part of who we are.

Want more information:
Ehlers-Danlos National Foundation, http://www.ednf.org/

NEWS: President Bush Vetoes SCHIP Expansion Legislation

As predicted, President Bush vetoed the SCHIP expansion legislation today. The legislation passed by both the House and Senate last week included an appropriation of $35 billion. This expansion would enable States to insure children up to 300% of the Federal Poverty Level. The expansion would increase the number of children served from 6 million currently to 10 million. The Senate has enough votes to over ride the veto. The House’s ability to override a veto was still in question. During today’s White House Briefing, Mr. Ed Gillespie Counselor to the President, again stressed President Bush’s concern that the current legislation would cover a family of four earning $83,000 a year. 300% of the federal poverty level is $61,000. The $83,000 figure comes from a waiver request from the state of New York. The legislation will now move to the floor of the House and Senate. The Congress will move to either override or sustain the veto. The House has scheduled consideration of the veto for October 18th. The Arc of North Carolina will continue to follow the progress of this legislation.

Want to know more:
MSNBC has a great article detailing the battle between the states over SCHIP:
http://www.msnbc.msn.com/id/21066498/page/2/

White House Briefing: Press Gaggle with Ed Gillespie
http://www.whitehouse.gov/news/releases/2007/10/20071003-4.html

The Power of the Disability Vote!

The community of persons with disabilities in North Carolina now numbers 1.8 million. This past session the General Assembly passed and the Governor signed House Bill 91: In Person Registration & Same Day Voter Registration into law. This important legislation will go a long way in helping us exercise our voting power. There have historically been many barriers to voting for persons with disabilities. These barriers include transportation, inaccessible polling sites, and the lack of ballots in alternative formats. The Help America Vote Act of 2002 was created with the intent to address many of the barriers that exist for our community. Specifically, the Help America Vote Act focused on the physical barriers to polling sites and the introduction of accessible voting machines to permit private and independent voting options for persons with disabilities.
But other barriers still exist. For example, the National Voter Registration Act, also known as the Motor Voter Law, states that providers such as state agencies serving our community must offer voter registration to their consumers. However, according to a National Organization on Disability (NOD)/ Louis Harris poll only 58 percent of people with disabilities are being offered an opportunity to register to vote. House Bill 91 will give our community the ability to register to vote and cast a ballot at early voting sites across our state.
This bill will lessen the impact of the logistical and transportation barriers we face when trying to mobilize our community’s voter turnout on a single election day. Early voting sites allow us multiple days to cast a ballot and mobilize the vote while reducing the transportation crunch on Election Day.
House Bill 91: In-Person Registration & Voting at One-Stop Sites, will allow our community to register to vote and cast our ballot at all early voting sites. Early Voting sites are required to meet the accessibility guidelines as presented in the Help America Vote Act, thereby addressing our community’s concerns over barrier free polling sites.
In an article written by Jim Dickson, AAPD, he points to two important reports regarding access to voting for our community. The first was a poll by Rutgers University that reported “27 percent of nonvoting people with disabilities expect to have access problems at the polls.” The second report was from the General Accounting Office stating that “84 percent of all polling places have some sort of barrier to voters with mobility disabilities.” These barriers, if faced on only one voting day, can deter our community from exercising its electoral power.
If you are asking yourself “how powerful can the vote of the disability community be?”, Brewster Thackeray, the Vice President and Director of Communications with the National Organization on Disability gives us this example: “The week before the 2000 election, a Harris poll conducted for NOD found Vice President Al Gore trailing Texas Governor George W. Bush, 43 to 48 percent. But that same poll found that people with disabilities overwhelmingly supported Gore, 54 to 30 percent. Assuming those latter percentages were indicative of how people vote and knowing that 41 percent of those with disabilities did vote Bush received almost five million votes from this community. Gore got nearly nine million. That difference made a huge impact in this election. With them, Gore won the popular vote. Without them, he would not have.” Thackeray goes on to state that “If people with disabilities voted at the rate of other Americans, Gore would have had a more decisive victory in the popular vote and won the Electoral College. In contrast, if people with disabilities had voted at the lower rate they did in 1996 (31%), Bush would have won the popular vote and secured the Electoral College too.”
The 1.8 million North Carolinians with disabilities are a major voting block, and if mobilized we can have a powerful effect on our state and national policy.
House Bill 91: In-Person Registration & Voting at One-Stop Sites is a step in the direction of offering us more options to mobilize our community.
One Stop Voting sites open October 9, 2007 in North Carolina.
All dates and times are current as of Oct. 1.

WAKE COUNTYOne-stop voting for Oct. 9 general election:

Wake County Board of Elections Office337 S. Salisbury St. RaleighMonday, Oct. 1 to Friday, Oct. 5 - 8:30 a.m. to 5 p.m.Saturday, Oct. 6 - 10 a.m. to 1 p.m.Herbert C. Young Community Center101 Wilkinson Ave., CaryWednesday, Oct. 3 to Friday Oct. 5 - 11a.m. to 7 p.m.Saturday, Oct. 6 - 10 a.m. to 1 p.m.

ORANGE COUNTYOne-stop voting for Nov. 6 general election:Orange County Public Library Conference Room300 W. Tryon St., HillsboroughThursday, Oct. 18 to Friday, Oct. 19 - 9 a.m. to 4:30 p.m.Monday, Oct. 22 to Friday, Oct. 26 - 9 a.m. to 4:30 p.m.Saturday, Oct. 27 - 9 a.m. to 1 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 9 a.m. to 4:30 p.m.Saturday, Nov. 3 - 9 a.m. to 1 p.m.Carrboro Town Hall301 W. Main St, CarrboroMonday, Oct. 22 to Friday, Oct. 26 - 9 a.m. to 4:30 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 9 a.m. to 4:30 p.m.Saturday, Nov. 3 - 9 a.m. to 1 p.m.Chapel Hill Post Office179 East Franklin St., Chapel HillMonday, Oct. 22 to Friday, Oct. 26 - 9 a.m. to 4:30 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 9 a.m. to 4:30 p.m.Saturday, Nov. 3 - 9 a.m. to 1 p.m.

DURHAM COUNTYOne-stop voting for the Oct. 9 primary election:Durham County Board of Elections706 W. Corporation St., DurhamMonday, Oct. 1 to Friday, Oct. 5 - 9 a.m. to 5:30 p.m.Sat., Oct. 6 - 9 a.m. to 1 p.m.

CUMBERLAND COUNTYOne-stop voting for the Oct. 9 primary election:Cumberland County Board of Elections301 E Russell St., FayettevilleMonday, Oct. 1 to Friday, Oct. 5 - 8 a.m. to 5p.m.Saturday, Oct.. 6 - 8 a.m. to 1 p.m.One-stop voting for the Nov. 6 general election:Cumberland County Board of Elections301 E Russell St., FayettevilleThursday, Oct. 18 to Friday, Oct. 19 - 8 a.m. to 5p.m.Monday, Oct. 22 to Friday, Oct. 26 - 8 a.m. to 5 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 8 a.m. to 5 p.m.Saturday, Nov. 3 - 8 a.m. to 1 p.m.

CHATHAM COUNTYOne-stop voting for the Nov. 6 general election:Chatham County Board of Elections984 Thompson St., Suite E1, PittsboroThursday, Oct. 18 to Friday, Oct. 19 - 8 a.m. to 5p.m.Saturday, Oct. 20 - 9 a.m. to 1p.m.Monday, Oct. 22 to Friday, Oct. 26 - 8 a.m. to 5 p.m. (open until 7 p.m. Wednesday, Oct. 24)Saturday, Oct. 27 - 9 a.m. to 1 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 8 a.m. to 5 p.m. (open until 7 p.m. Wednesday, Oct. 21)Saturday, Nov. 3 - 9 a.m. to 5 p.m.

FRANKLIN COUNTYOne-stop voting for the Nov. 6 general election:Franklin County Board of ElectionsHamilton H. Hobgood Courthouse Annex113 S. Main Street, Suite 102, Louisburg,Thursday, Oct. 18 to Friday, Oct. 19 - 8 a.m. to 5p.m.Monday, Oct. 22 to Friday, Oct. 26 - 8 a.m. to 5 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 8 a.m. to 5 p.m.Saturday, Nov. 3 - 8 a.m. to 1 p.m.

JOHNSTON COUNTYOne-stop voting for the Nov. 6 general election:Johnston County Elections Building205 S. Second St., SmithfieldThursday, Oct. 18 to Friday, Oct. 19 - 8 a.m. to 5p.m.Monday, Oct. 22 to Friday, Oct. 26 - 8 a.m. to 5 p.m.Monday, Oct. 29 to Friday, Nov. 2 - 8 a.m. to 5 p.m.Saturday, Nov. 3 - 9 a.m. to 1 p.m.

PERSON COUNTYOne-stop voting for the Oct. 9 general election:Person County Board of Elections331 S. Morgan St., RoxboroMonday, Oct. 1 to Saturday, Oct. 6 - 8:30 a.m. to 5 p.m.


HOW TO REGISTER AND VOTE AT A ONE-STOP ABSENTEE SITE

A North Carolina resident who is qualified to vote but who misses the 25-day deadline for voter registration may register and vote at a One-Stop Site during the One-Stop Absentee Voting period.

To use this process, a citizen must (1) go to a One-Stop Voting Site in the county of residence during the One Stop Absentee Voting period, (2) fill out a voter registration application, and (3) provide proof of residency by showing the elections official an appropriate form of identification with the citizen’s current name and current address. The new registrant may vote ONLY at a One-Stop Absentee Voting Site in the county of registration during One-Stop Absentee Voting period and not on Election Day.
Acceptable forms of identification include:
· A North Carolina driver’s license with current address
· A utility bill with name and current address
Ø A telephone or mobile phone bill
Ø An electric or gas bill
Ø A cable television bill
Ø A water or sewage bill
· A document with name and current address from a local, state, or U.S. government agency, such as:
Ø A passport
Ø A government-issued photo ID
Ø U.S. military ID
Ø A license to hunt, fish, own a gun, etc.
Ø A property or other tax bill
Ø Automotive or vehicle registration
Ø Certified documentation of naturalization
Ø A public housing or Social Service Agency document
Ø A check, invoice, or letter from a government agency
Ø A birth certificate
· A student photo ID along with a document from the school showing the student’s name and current address
· A paycheck or paycheck stub from an employer or a W-2 statement
· A bank statement or bank-issued credit card statement
If you cannot supply an acceptable form of identification for Proof-of-Residence, your registration application cannot be fully processed until the required information is provided.







(Information gathered from WRAL at http://www.wral.com/ and from the North Carolina State Board of Elections website at http://www.sboe.state.nc.us/ )