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/ )

Disability History and Awareness Poll

During the month of October, we will be posting questions about Disability History and Culture. The first of these poll questions is located right under our Arc logo. So, join the fun and test your knowledge on disability history and culture. The correct answer to this weeks question will be posted on Sunday.

News: The University of North Carolina Is Listening

The University of North Carolina Tomorrow Commission will be hosting a series of community listening forums to gather information on how the university system can address the state’s changing educational needs.

For students with disabilities, one major change the University of North Carolina system can make is to improve accessibility on all sixteen campuses. These listening forums coincide with Disability History and Awareness month, so let’s take advantage of this opportunity and express the difficulties we experience on college campuses.

Students attending our state’s universities have experienced difficulties receiving student support services, a lack of alternative formats for class materials and a shortage of knowledgeable interpreters. They must navigate the physical barriers that still remain on our campuses. These include missing curb cuts, lack of readily accessible parking, inaccessible classrooms, and non-existent accessible restrooms. The barriers to a quality education run the gamut for students with disabilities.

These barriers contribute to an increased drop out rate among students with disabilities. The drop out rate from college for the general population is 40%. The drop out rate from college for a student with hearing loss is 70%.

During this legislative session, the House Committee on Education gave a favorable report to House Bill 1641: Study Disabled Access to UNC Facilities. HB 1641 made it into the omnibus study bill, which was not passed by the Senate. The Arc of North Carolina is working to encourage legislators to study access for students with disabilities at the UNC system during this break legislative break.

We encourage you to attend these forums and inform the University that they need to fulfill their responsibility to students with disabilities

Here is the list of forums:

Wednesday, October 3, 2007

Charlotte
9:00am
Charlotte-Mecklenburg Government Center
Room 267

Hickory
4:00pm
Metro Convention Center

Thursday, October 4, 2007
Asheville
9:00am
Highsmith Union-Alumni Hall

Sylva
4:00pm
Southwestern Community College

Monday October 8, 2007
Greensboro
4:00pm
Gateway University Research Park Gymnasium
Millenium Campus

Wednesday, October 10,2007
Raleigh
4:00pm
North Carolina State University
McKimmon Center
Room 2C

Need addition information? Contact Tony Carvano 962-4231


Read the bill:
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1641v1.html

NEWS: ADA Restoration Act Update

The House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing on H.R. 3195, the ADA Restoration Act on Thursday, October 4. This is the first of several hearings anticipated on the ADA Restoration Act since there are four committees in the House that have jurisdiction over the ADA. The first witness scheduled to testify is House Majority Leader Steny Hoyer (D-MD). Congressman Hoyer took the lead in the House in enacting the ADA in 1990 and is reprising that role with the ADA Restoration Act.


The Arc of North Carolina Policy Blog will be following the progress of this important legislation as part of our Federal Updates and in conjunction with Disability History and Awareness Month.

(Special thanks to DPC for providing this information.)

October is Disability History and Awareness Month

On July 27, 2007 Governor Mike Easley signed Senate Bill 753: Disability History and Awareness Month into law. Starting today North Carolina recognizes October as Disability History and Awareness Month.

In honor of Disability History and Awareness we at The Arc of North Carolina offer some facts on Disability in America today.

*Senate Bill 753 was created during the North Carolina Youth Leadership Network Summit in August of 2006. Seventy-eight youth from around the state gathered to learn about disability history. These amazing young people met with elected officials during this past legislative session to encourage them to support this bill. Their voices and actions made this law a reality.



*North Carolina was the third state to pass this legislation. The first was West Virginia.

*In 1990, President George Bush signed the Americans with Disabilities Act into law. The Act was founded on four principles: inclusion, full participation, economic self‑sufficiency, and equality of opportunity for all people with disabilities.

*The Americans with Disabilities Act is a civil rights law.

*According to the 2000 United States Census there are 1,117,577 people with disabilities living in the State of North Carolina.

*According to the National Center for Education Statistics, during the 2003-2004 school year 193,956 students with disabilities were being served in North Carolina.

*Disability History and Awareness Month in North Carolina will increase public awareness and respect for people with disabilities who comprise a substantial percentage of North Carolina's population, teach future generations that people with disabilities have a rich history and have made valuable contributions throughout North Carolina and the United States, and ensure future generations understand that disability is a natural part of life and that people with disabilities have a right to be treated as individuals above all else.


Read the law:
http://www.ncleg.net/sessions/2007/bills/senate/html/s753v4.html

Want to learn more about Disability History? Check out this link.
Berkley Leads:
http://pages.towson.edu/bhalle/dishist.html

Julia's Musings: SCHIP and North Carolina

This weekend the buzz on the Hill was “where can the House find at least fifteen votes to over ride the expected Presidential veto of SCHIP?” On September 28th during the White House Briefing, Dana Perino stated that the President is still planning to veto the SCHIP expansion legislation passed this week by Congress. Ms. Perino went on to say “the President is saying, let's take care of the neediest children first, let's not put scarce federal dollars towards a program that was meant for the poorest children and let it creep up to middle income families with incomes up to $83,000 a year.”

Here are the facts regarding the federal poverty level. The compromise legislation passed this week states the following:

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. Many states will probably not set the level of coverage at 300%, but it should be up to the state to decide how best to provide insurance for its uninsured children.

Another concern expressed by the Bush Administration is that people with private insurance will move to state sponsored insurance if this legislation takes effect. I have seen no research that substantiates this claim. What I did find is that for children who loose their SCHIP insurance due to a family earning increase, have difficulty finding insurance.

Cover the Uninsured, a project by the Robert Wood Johnson Foundation has research that demonstrates the following;
Nearly 3 in 10 children are uninsured if their family head is employed by a firm with fewer than 10 workers. This compares with 9.3 percent uninsured among children whose family head is employed by a firm with 1,000 or more workers.
More employers are divesting themselves of insurance coverage for employees. This means it is increasingly becoming the responsibility of the individual to find private insurance for their families. If you have a child with a disability, the cost of insuring that child can be a serious financial burden for the family.

On the issue of raising taxes to cover health insurance for children, the Bush Administration continues to state that this expansion is a new tax on Americans. The reality is that the expansion is being funded by an increase of sixty one cent tax on tobacco products.

Why is this important to North Carolina? Well, while they fight it out in Washington, DC, we have our own expansion program waiting for their decision. NC Kid’s Care, our expansion program passed the state legislature during the long session. This program received a state appropriation in the 2007-2008 fiscal year of $368,000, funding earmarked for the Department of Health and Human Services to create a report that identifies a cost-efficient and cost-effective method to increase coverage for children whose families are between 200% to 300% of the FPL (Federal Poverty Level). An additional appropriation of seven million dollars in the 2008-2009 fiscal year was appropriated to implement the expanded health insurance program. If SCHIP does not survive the veto over ride then our state will not be able to expand coverage to more uninsured children.

How does the current SCHIP program affect children with disabilities in our state? Nationally, 10% of all children insured by SCHIP have a disability. NC Health Choice has two levels of health plans. The first is the core plan which covers durable medical equipment and medical supplies. There are no statistics regarding how many children with disabilities are covered by this plan. We do know that there are 1,397 children currently covered by the Special Needs Plan in our state. That is 1,397 children who require extensive services outside of the core plan. Children with disabilities are among our most vulnerable population and are the most difficult to insure due to their complex medical needs.

If the President is serious about improving the health of children around the world, as he stated during his recent United Nations address, he can start that process at home by signing the SCHIP bill that is headed to his desk this week.


More information:
http://www.cms.hhs.gov/MedicaidEligibility/downloads/POV07ALL.pdf

White House Press Briefing:
http://www.whitehouse.gov/news/releases/2007/09/20070928-3.html

Federal Poverty Level Information:

North Carolina 2007 Appropriations Act:
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1473v10.html

Interesting Comparison of FPL in California versus other states:
http://www.mrmib.ca.gov/mrmib/HFP/FPL_in_California-Final.pdf

ACTION ALERT: URGENT - Ask President Bush To Sign the State Children's Health Insurance Program Bill

Background

This week the House and Senate voted overwhelmingly to pass a bill to reauthorize the State Children's Health Insurance Program (SCHIP). The House of Representatives passed the bill, H.R. 976, on Tuesday by a margin of 265 to 159. The Senate followed suit on Thursday, with a bipartisan vote of 67 to 29.
The SCHIP reauthorization bill will provide an additional $35 billion over 5 years to provide health insurance to 4 million more children from low and moderate income families, including hundreds of thousands of eligible children with disabilities.
The Administration said today that President Bush is planning to veto the bill on Monday or Tuesday of next week. The President says he will veto the bill because its goes over the amount he proposed for SCHIP in his FY 2008 budget. The President's budget would result in a drastic cut because states will have insufficient federal funding to sustain their existing SCHIP programs. The House is unlikely to be able to override the President's veto.

A veto of the SCHIP bill would be a terrible loss for children with disabilities. 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.

Fortunately, support for the SCHIP bill is extremely strong and growing. Supporters include not only broad-based health and welfare organizations, but health insurance and medical industry groups (such as America's Health Insurance Plans and the American Medical Association) as well as a significant number of Republican lawmakers.

If we act now to persuade President Bush to sign the SCHIP bill, we can avoid a veto showdown.

Take Action:
Please send an email to President Bush this weekend. ** Please be sure to tailor the sample message provided. Select from among the choices provided to describe yourself or use your own words (recommended). The more you personalize your message, the more effective it is**

NEWS: Federal Hate Crime Legislation Update

Yesterday, Senator Ted Kennedy issued a press release announcing the passage of The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007.
This important legislation adds protection under the current law for people with disabilities. This bill was added as an amendment last evening to a military appropriations bill.

Vote for adoption of the amendment:
Yeas 60
Nays 39

Read the press release from Senator Ted Kennedy’s office:
http://kennedy.senate.gov/newsroom/press_release.cfm?id=485F1D55-34A6-40EA-8140-C00F78CB7902

Learn more about this legislation:
http://capwiz.com/thearc/issues/bills/?bill=10154466&size=full

SCHIP Passes the Senate!

On Thursday the Senate passed SCHIP. This important legislation will expand health coverage for all children. Nationally 10% of all children that are currently enrolled in SCHIP have a disabilitiy.

Here is the vote count:
YEAs 67

NAYs 29

Not Voting 4

How did Senator Elizabeth Dole and Senator Richard Burr vote? They both voted Nay.

Julia's Musings: Four Hour Meeting - 5 Minutes on Developmental Disabilities System Reform

Ok, maybe it was more like fifteen minutes, but believe me, it felt like five. Senator Nesbitt opened the meeting by saying, “The old system is gone, and we disbanded it before we had a new one in place. I think we have turned a corner and are headed out the other end.” Clearly it is not just the old system that is gone. Any discussion regarding post-reform difficulties faced by persons with developmental disabilities has also disappeared, both from the committee rooms of the legislature and from the media.

For the five families with members who have developmental disabilities drove to Raleigh to hear what will happen to improve services for their loved ones, there was little to hear. Dr. Lin told the committee that there is an urgent need to address policy initiatives aimed at persons with developmental disabilities and that maybe DD should be moved out of MH/SAS. If these families stuck around until 3:00 pm, they were told that LMEs need to focus on the needs of persons with developmental disabilities, but of course these families already know this. Then there was a brief discussion around addressing crisis services for people with developmental disabilities that lasted maybe six minutes. That was it.

So have we turned a corner? Not if you are one of the approximately 157,000 citizens with developmental disabilities. For the over 4,000 people still waiting for services, the corner is just a dream. They’re not even on the road yet. We have not turned a corner on supported employment. We have not turned a corner on in home support services or on accessible transportation. We have not turned a corner in improving the transitions for students with developmental disabilities from high schools to colleges and vocational programs. Right now “the corner” is nowhere in sight.

ACTION ALERT: SCHIP Call Your Senator Today and Friday!

URGENT – We need you to call Senator Elizabeth Dole and Senator Richard Burr today and Friday. Ask them to Support SCHIP Bill in the SENATE.

The U.S. Senate will vote on the State Children's Health Insurance Program (SCHIP) bill this Friday - September 28!

Background
This vote will be on a House-Senate agreement to reauthorize the State Children's Health Insurance Program -SCHIP. By providing $35 billion over 5 years, it will continue coverage for the approximately 6 million children in the program including eligible children with disabilities. The new bill will add an additional 4 million children.
The agreement also includes 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. A moratorium was a high priority of the disability community.
The House of Representatives voted on the agreement, H.R. 976, Wednesday evening. It passed by a bipartisan vote of 265-159. The thousands of calls made to Members' offices yesterday were truly effective in increasing the number of Members who voted for the bill.

(Scroll down this blog to see how your House Represenative voted.)

Now it is the Senate's turn to pass this critical bill that President Bush has threatened to veto. A strong bipartisan vote in the Senate will show that the President's veto can be overridden.
Take Action
Please call your Senators! The Senate vote on the SCHIP agreement is only 2 days away.
Call toll-free: 1-800-828-0498. You will be connected to the Capitol Switchboard - ask for your Senators' offices. (If you need help getting your Senators' names, enter your zip code at http://capwiz.com/thearc/utr/1/JZIOHQRHWC/OFYJHQRIGW/1439282971)

Call Message
"Please vote for the State Children's Health Insurance Program bill! I'm a constituent who thinks covering 4 million more uninsured children is a very important vote! "

NEWS: Continuing Resolution Keeps Federal Government Running

Today the House passed the first in what will probably be a series of Continuing Resolutions to keep the federal government running. Continuing Resolution/House Joint Resolution 52 passed with a vote of 404 to 14.
This legislation will keep funds flowing to all of the federal agencies at the 2007 funding levels until November 16th. Two things will happen then, either a new budget will have passed the Congress and been signed by the president, or another Continuing Resolution will be needed.
Currently there are negotiations happening on over 12 regular fiscal spending bills for the 2008 budget. These include appropriations for Labor, Health and Human Services, Education and most other disability programs.
The Senate will take up the continuing resolution in the next few days. The new fiscal year begins on Monday, so the clock is ticking.

(Special thanks to Kathleen H. McGinley, Ph. D. and the folks at National Disability Rights Network for their timely email updates)

Legislative Review: Joint Legislative Oversight Committee Meeting MH/DD/SA September 25, 2007

The Joint Legislative Oversight Committee met yesterday for its first meeting since the adjournment of the long session. 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’s survey of LMEs included The Durham Center Area Authority, OPC Area Program, South Eastern Center, Crossroads Behavioral Healthcare, Sandhills Center, Five-County Mental Health Authority,and Western Highlands Netwrok LME. She stated that everyone is struggling with similar issues. Dr. Lin pointed to the speed at which NC moved through system reform. She stressed that it takes time for reform to take hold. She gave the example of Ohio which launched its reform in 1988; 20 years later reform is stable and productive. 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 part of the committee meeting had a detailed review of the status of state psychiatric hospitals and their closure. This section of the meeting was presented by Jim Osberg the Chief of State Operated Services Division of MH/DD/SAS. Several Wake County Representatives expressed their concerns regarding the closure of Dix without adequate community or structural alternatives to care for the population.

The meeting concluded with staff reviewing legislative actions during the 2007 long session and updates from the Division. Trish Amend from NCHFA and Julia Bick from DHHS presented on the success of the Housing 400 Initiative which created 425 independent and supportive apartments for persons with disabilities. Bonnie Morrell from DMHDDSAS presented on Crisis Services Implementation and she addressed the need to review crisis services for persons with developmental disabilities. These services are different from what are needed for persons managing a mental health or substance abuse crisis. The last speaker addressed the increase in CAP Slots. We have seen a 50% increase in CAP slots since two years ago. There are still many people waiting for CAP slots and services. She also addressed the need for LMEs to focus on how we move people with developmental disabilities from our DD centers into our community. Improvement is needed in this area.

The next Joint Legislative Oversight Committee meeting is scheduled for October 31, 2007. The main focus of this meeting will be Substance Abuse Services.

News Update: SCHIP Passes the House

At 8:53pm this evening SCHIP passed the House of Represenatives. The House agreed to the Senate amendments as presented in the compromise legislation for HR 976.
The vote report is 265 yeas 159 nays.

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).

For complete voting record click here:
http://clerk.house.gov/evs/2007/roll906.xml

Julia's Musings: A Message of Health Care at the United Nations, A Message of Veto in Washington, DC

President Bush delivered an address today at the United Nations. In his speech he quoted
Article 25 of the Universal Declaration on Human Rights;
"Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food and clothing and housing and medical care."
Interesting choice of topics, given the House of Representatives today was taking up the issue of expanding health insurance to cover an additional 4 million children in our nation. The State Children’s Health Insurance Program, or SCHIP, is a low cost insurance program that currently covers 6 million children. The compromise legislation moving through Congress this evening would raise that coverage to 10 million children. This expansion would cost 35 billion dollars, and it would be paid for by raising the cigarette tax by sixty-one cents. The Bush Administration has threatened to veto this expansion. So while President Bush was offering US support to developing nations to help with health care and the prevention of AIDS and malaria, his administration in Washington DC was trying to whip votes against the expansion of SCHIP. Hopefully the leadership in both parties will realize the importance of providing health care to all children and do the right thing by passing SCHIP.


Need more information:
President Bush's Address to the United Nations:
http://www.whitehouse.gov/news/releases/2007/09/20070925-4.html

More Facts About SCHIP from Easter Seals:
http://www.easterseals.com/site/PageServer?pagename=OPA_SCHIP_facts

(Edit: Correct typo)

Action Alert: SCHIP Call Your Representative Today!

URGENT- Calls Needed Today to Support SCHIP bill!

Take Action!
The U.S. House of Representatives will vote on the State Children's Health Insurance Program bill this afternoon – Tuesday, September 25!

Background
This vote will be on a House-Senate agreement to reauthorize the State Children’s Health Insurance Program (SCHIP). By providing $35 billion over 5 years, it will continue coverage for the approximately 6 million children in the program (which include eligible children with disabilities) and add an additional 4 million children.
The agreement also includes 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. A moratorium was a high priority of the disability community.
President Bush has threatened to veto the SCHIP bill. A strong vote in the House will show that the President's veto can be overridden.
Take Action
Please call your Representative now! The vote on the SCHIP agreement is only hours away.
Call toll-free: 1-800-828-0498. You will be connected to the Capitol Switchboard - ask for your Representative's office (for help getting your Representative's name: enter your zip code at http://www.house.gov/ (you'll find the spot at the top left).
Tell your Representative:
"Please vote for the State Children's Health Insurance Program bill! I'm a constituent who thinks covering 4 million more uninsured children is a very important vote! "

News: SCHIP Update Moratorium on CMS Rules in Compromise Language

Today SCHIP goes to the House floor for a vote. It should then head straight to the Senate. A presidential veto is expected.
The compromise legislation will include a six month moratorium on proposed CMS regulations addressing Medicaid's rehabilitation option and school based services for Medicaid eligible children with disabilities.

*Special thanks to DPC for the information.

Julia's Musings: The Lin Report

The Joint Legislative Oversight Committee for MH/DD/SA Reform will hold its first meeting since session adjournment tomorrow. On the agenda is an update on the Divisions LME Implementation Study. One of the presenters of this update is Dr. Alice Lin. Dr. Lin just completed a study of the LME’s for the Legislative Oversight Committee. Lin was also staff at the General Assembly during the passage of HB 381.

As I started reading the eighty-six page report, I kept a sharp eye on how issues facing persons with developmental disability would be addressed or, more importantly, if they would be addressed. Developmental disability issues have been having a difficult time rising to the attention of the media, let alone the legislative agenda. Thankfully, this was not the case in Dr. Lin’s work. The first mention of problems faced by people with developmental disabilities was on page five of the report. Lin states that there is an urgent need to address developmental disability issues. She acknowledges in her report the difficulties of trying to cover MH/DD/SA System Reform in one a single sweeping legislation, and she recognizes the differences between DD policy and MH policy.

A significant problem for the DD population is that most policy is written with a “recovery/rehabilitation” focus specifically aimed at the needs of persons trying to manage mental health issues. Persons with developmental disabilities require person centered, best practices, which look at the overall life development of the individual. People who have developmental or cognitive disabilities are not going to recover from them. Policy initiatives must address both the needs of the person with the disability and their family members. Legislators need to look at investing in supported employment, respite services, accessible transportation and transitional services. There needs to be a strong focus on creating community based services that permit a person with a developmental disability to live an independent, full life. MH/DD/SA service reform took the difficult step of trying to reform three different groups at the same time. We not only set out to close our state mental hospitals but we also set out to close our developmental disability centers. The transition to community based services has caused many to fall through the gaps. We need to look at a more effective ways for LME’s to handle the diverse population that they manage through provider networks. All of these issues were discussed in the Lin report. What policy will be created from this report remains to be seen.

The Arc of North Carolina, in the coming weeks, will be releasing its recommendations for positive policy initiatives that address the real needs of people with cognitive and developmental disabilities in our state.

Want more information on Lin’s recommendations for DD policy continue reading:

Here are some of the recommendations put forth by this study to address developmental disabilities issues:

-Status of Targeted Case Management
“The DD system has to comply with behavior health system in terms of units of service, and short time span for authorization and reauthorization all contribute to provider cost and paper work burden, not to mention a lack of “goodness of fit” with the tenets of DD system”.

-Status of DD Waiver
“North Carolina is under a CAP/DD waiver that probably can benefit from a reexamination. There was serious consideration for an Independence Plus waiver a few years ago, but not enough attention has been dedicated to this”.

-Interaction between state DD Centers and Community Services
“The same fragmentation experienced n the MH and SA side is also being felt on the DD side. There has not been an equal attention given to this unresolved concern”.


Edited: Changed Ms. Lin to Dr. Lin to reflect her professional title.

News: SCHIP Update

The House and Senate Democratic leadership announced on September 21 that they had reached a final agreement on legislation reauthorizing the State Children’s Health Insurance Program (SCHIP). The compromise legislation would provide an additional $35 billion over five years to the program funded by a 61-cent increase in the federal tobacco excise tax. The bill is expected to be considered on the House floor tomorrow, Sept. 25, with Senate floor action shortly thereafter. President Bush has threatened to veto the bill. The SCHIP program will expire on September 30, unless reauthorized. While the details of the bill are not yet known, it is understood that the agreement does not contain any of the House-passed Medicare provisions. It is unclear whether the bill addresses the Administration’s proposed regulations to cut back on the use of Medicaid funds for habilitation services and for education-related administrative billing costs and transportation services for special education students.


*Information provided by the Capitol Insider.

Committee Meeting Notice: Joint Legislative Oversight Committee MH DD SA

There will be a Joint Legislative Oversight Meeting for Mental Health, Developmental Disabilities, Substance Abuse Service Reform this Tuesday, September 25, 2007. This meeting will begin at 10:0am and end at 4:00pm. The meeting will take place in room 643 of the Legislative Office Building. All meetings are open to the public. If you are unable to attend you can listen on line by going to http://www.ncleg.net/Audio/Audio.html and selecting "Appropriations Committee Room 643".



We will be posting a report following this meeting.



Meeting Agenda:

JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES
AGENDA
September 25, 2007, 10:00 a.m. - 3:30 p.m.
Room 643, LOB
Senator Martin Nesbitt, Co-Chair, Presiding


Greetings and Introductions / New Members 10:00 – 10:30
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair

Introduction of and Comments by Secretary of DHHS 10:30 – 11:00
Secretary Dempsey Benton, DHHS

Update on Division’s LME Implementation Study 11:00 – 12:00
Dempsey Benton, Secretary
Department of HHS

Alice Lin, PhD
Health and Human Services Consultant

Lunch Noon – 1:00

DHHS Report on the Plan for Closure of Dorothea Dix and John 1:00 – 2:00 Umstead Hospitals and Comments by Interested Legislators
Jim Osberg, Chief of State Operated Services
Division of MH/DD/SAS

Comments

Update on 2007 Legislative Actions 2:00 – 2:30
LOC Staff


Updates on On-Going Projects 2:30 – 3:30
Housing 400 Initiative (Trisch Amend, NCHFA & Julia Bick, DHHS)
Hospital Utilization Pilot (Jim Osberg, DMHDDSAS)
Data Collection (Phillip Hoffman, DMHDDSAS)
Crisis Services Implementation (Bonnie Morrell, DMHDDSAS)
Performance Indicators (Flo Stein, DMHDDSAS)

Adjourn

The Arc of North Carolina is on Facebook!

The Arc of North Carolina is excited to announce that we can now be found on Facebook. This week The Arc of North Carolina created a Facebook group. Sign up for Facebook and join our group! You will be able to receive action alerts, blog update announcements, and interact with other group members by posting on our wall. Policy initiatives and advocacy start with a dialogue! Get involved today.



Facebook: http://www.facebook.com/

Julia's Musings: School Overcrowding Affects Special Needs Class

Our state has been experiencing rapid growth, and no where is this more evident than in our state’s classrooms.
A recent story on ABC 11 news shows us school overcrowding at its worse. (http://abclocal.go.com/wtvd/story?section=triangle&id=5652457)

Davis Drive Elementary School in Cary is so overcrowded that they converted an accessible bathroom into a classroom for special needs children. Yes, the toilet was still in the classroom, hidden by a blue screen.

Children with special needs are often placed in segregated, self-contained classrooms, where they receive all of their instruction. Due to overcrowding in this school, that environment became an accessible bathroom. Children with special needs are among our most vulnerable population. To think that the best solution available for our schools is to use handicap accessible bathrooms as classrooms speaks to the seriousness of our current situation. The Arc of Wake County spoke with Davis Drive's principal, Pat Andrews, who stated that the special needs class has since been moved to a PE area for instruction. However, a PE area is still not a classroom. Principal Andrews also explained that her school's overcrowding has affected other classes: an art class has taken up residence in another accessible bathroom and a gifted class is being taught in a closet. Although, we are happy to hear that the special needs class is no longer in a bathroom, the reality is that no students should be using a bathroom or a closet as a classroom.

Davis Drive Elementary school was built to hold 630 pupils. Trailers, or “learning cottages”, recently added to the campus brought the maximum head count to 930 students. Currently there are 1037 children attending Davis Drive. That is 107 above maximum capacity. This is not an isolated situation. Throughout Wake county, schools are dealing with overcrowding.

Here are some statistics: (WCPSS http://www.wcpss.net/growth/ )

-WCPSS student population has doubled since 1985 and another 130,000 students are projected by the year 2025.
-WCPSS is the second largest school system in North Carolina and the 23rd largest district in the United States.
-Next year, the student population is expected to increase by 7,000 students.
-The school system is currently using more than 1,000 mobile/modular classrooms; this number will increase by at least 100 for the 2006 school year.
-One of every four elementary school students is in a temporary mobile/modular classroom.
-Relative to goals established by the school board, WCPSS is short 15,000 classroom seats today, and will need 58,000 seats by 2010 and 91,000 seats by 2015.
-Since 2000, more than 57,000 single-family housing permits have been issued in Wake County.
-At $0.604, Wake County has the lowest property tax rate of the largest school districts in the state.
-It takes property taxes from two new homeowners to cover the cost of one new student.
-It takes only six to nine months to build the average house in Wake County. However, it takes 14 months to build an elementary school, 19 months for a middle school and 26 months for a high school.

A quick check of this year’s state budget shows no appropriations for school construction. As always, this will be the responsibility of counties. Legislators did act this year to remove the county share of Medicaid so that money normally spent on county health care could be redirected to support school construction. Let’s hope that plan works. A child being taught in an accessible bathroom or a closet is simply inexcusable. We have to do better.


Additional Links:
The Arc of Wake County
http://www.arcwake.org/

News: Disability Rights Organization Asks DA to Release Man with Mental Retardation

Man Has IQ of 50

Raleigh, NC - Carolina Legal Assistance, a disability rights center (CLA), asked the Anson County District Attorney Michael Parker to dismiss the charges against Floyd Brown, the man with mental retardation who has been held at Dorothea Dix Hospital for 14 years without a trial. Brown has an IQ of 50. Within a month of his arrest he was found by state doctors to lack the mental capacity to participate in his trial.

Carolina Legal Assistance, a non –profit disability law project, is North Carolina’s Protection and Advocacy organization (P&A), Under federal law, every state has a P&A, a federally mandated system with the authority under federal law to protect and advocate for the human and legal rights of individuals with mental illness and developmental or other disabilities.[1] On September 7, 2007, Carolina Legal Assistance wrote to Anson County District Attorney Michael Parker, who has so far refused to dismiss the charge against Brown, requesting that he change his position concerning the prosecution of Brown. CLA is also submitting an amicus brief with the Durham County Superior Court in support of Brown’s application for a writ of habeas corpus.

Within a month of his arrest, Brown was found by state doctors to lack the mental capacity to participate in his trial. Brown has an IQ in the low 50’s. Brown’s mental retardation is significant and his special needs have been recognized all his life. While in school, he was placed in a special needs class. In 1981 he was in a Trainable Mentally Handicapped high school class. In this class students worked on self-help skills such as how to read simple words like “boy,” count money, write their name, and tell time. After school, Brown worked in a vocational rehabilitation setting for individuals with retardation. Today he cannot tell time or the day of the week. His cognitive ability is seriously limited and he has little appreciation of the complexities of the world in which he lives. Brown spends his time at Dix working on the grounds and looking forward to visits from his family. His behavior has been described in competency reports as “essentially exemplary,” doing well in his activities at Dix Campus, such as vocational work in the laundry, therapeutic recreation and occupational therapy.

There are serious questions about the strength of the evidence against Brown including:

Critical physical evidence is “missing” from the Anson County Sheriff’s Department;
Two of the investigators have since been convicted of federal racketeering charges related to their work in law enforcement;
State forensic experts have determined that Brown could not have given the “confession;” and
The physical evidence that has been tested shows no links to Brown.

In essence, Brown has been confined for 14 years because he is mentally retarded. Brown is not like people who have mental illness who may become competent with treatment. Until Parker dismisses the charges with prejudice, Brown will remain confined in a state psychiatric hospital. Brown’s attorneys report that a group home is ready to accept Brown if the charges are dismissed.

“Mr. Brown has fallen through the cracks. He is not going to become competent to stand trial. He is a person with mental retardation and that is not going to change,” said Greg McGrew, Board Chairman of Carolina Legal Assistance. In his letter, McGrew urged Parker to dismiss the charge and “send a message to the disability advocacy community that you have an understanding of mental retardation and compassion for our most vulnerable citizens.”

Carolina Legal Assistance has a staff of 31, with a central office in Raleigh and an office in Morganton that serves the western part of the state. For further information, contact Carolina Legal Assistance Legal Director John Rittelmeyer at 919 856-2195.

[1]. See Protection and Advocacy for Individuals with Mental Illness Act (“PAIMI Act”), 42 U.S.C. § 10801 et seq.; Developmental Disabilities Assistance Bill of Rights Act (“DD Act”), 42 U.S.C. § 15001, et seq.; and Protection and Advocacy of Individual Rights Program (“PAIR”), 29 U.S.C. § 794e, et seq.; and all of the accompanying regulations.


(Special Thanks to Carolina Legal Assistance for providing us with this Press Release)

Need more information:

Charlotte Observer
http://www.charlotte.com/598/story/218451.html

SCHIP: North Carolina Program Waits on Decision from the Hill

Congress and the President have very differing views right now on how to provide health insurance to our nations most vulnerable children, those living in poverty. So, with the threat of a veto hanging over the proceedings, negotiations are continuing on Capitol Hill as Senate and House leadership decide on the future of SCHIP. The clock is ticking as September 30th looms on the horizon. Come September 30th the current federal funding for SCHIP will stop and our state will be faced with cutting much needed services.

There have been several updates regarding SCHIP over the past few days. Starting locally, Governor Michael Easley has sent a letter to our Congressional delegation asking them to support reauthorization of SCHIP by September 30th. The Arc of North Carolina has signed on to a similar letter, and an alert will be issued tomorrow for you the reader to take action.

SCHIP currently covers 6 million children, and the Senate and House would like to see that number increased to 10 million. The Bush Administration is not being as generous as that. In fact, the administration would like to see the scope of SCHIP limited and the growth in states severely reduced. Here are the rules that the Bush Administration has proposed;

*States musts demonstrate that they have enrolled at least 95% of children in families with incomes below 200% of the federal poverty level (FPL) who are eligible for Medicaid or SCHIP before expanding eligibility to children in families with income greater than 250% of the federal poverty level
*States seeking to expand SCHIP eligibility must also establish a minimum of a one-year period of uninsurance for individuals in families with incomes greater than 250% of the federal poverty level. This rule is to stop individuals from switching from a private plan to a public program.
*Assure that the number of children insured through a private insurer has not decreased by more than 2% over the last five years. The problem here is that more employers are dropping health insurance.

As this debate continues, North Carolina’s expansion legislation hangs in the balance. During this past legislative session our General Assembly passed NC Kid’s Health Care which would cover children at 300% of the Federal Poverty Level. The proposed rules would mean that our state would not be able to increase coverage above the 250% FPL cap. Children living in poverty and children with disabilities would be unable to afford health insurance, and children currently insured by our state program would find themsevles with no affordable health insurance.Our most vulnerable would still be at risk.
Our state legislators acted in the best interest of our state’s children now our Congressional leaders must do the same.

Letter from Governor Easley to Congress:http://www.governor.state.nc.us/News_FullStory.asp

Need more information:
http://ccf.georgetown.edu./pdfs/cmsdirective.pdf
http://www.healthdecisions.org/Medicaid/News/default.aspx?doc_id=132996

(Thanks to Adam Searing for the link to Governor Easley's letter)

The Facts Regarding People with Developmental Disabilities in North Carolina

This past weekend The Arc of North Carolina held its statewide convention. The following facts were presented to the attendees during Steve Eidelman’s closing keynote address. These facts speak to the current situation being faced by people with developmental disabilities in our state.

• 1.5 million people or 17.5% of all North Carolinians had a disability – Census 2000.
• As the population ages and people live longer, this number will increase.
• ~20,000 people with developmental disabilities live with aging caregivers (2004 study), 2.8% of all such people in the US (NC is 2.9% of US population).
• North Carolina is 12th in terms of people in institutions.
• North Carolina financial increases in the community have been below the recent national averages.
• North Carolina, in 2005, spent 79% of its budget on “community”, including small ICFMR. National average is 88.8%
• NC Spends 37.4% of DD budget on CAP Waiver. The national average is 58.6%.

Julia's Musings: DD Goes "Missing" In the Talk About MH/DD/SA System Reform

I have to admit that I am new to the discussion about health system reform in our state, but for the longest time I could have sworn that the law was titled Mental Health Reform. To my surprise the actual title is Mental Health, Developmental Disabilities, Substance Abuse System Reform. It was an honest mistake given that the majority of discussions in the media and the General Assembly have focused on Mental Health Reform.
Clearly there are many problems with the care of persons with mental illness in our state, from hospitals closing to lack the community based services. However, many of these same problems are being faced by the DD/MR population as developmental disability centers close, and more “sheltered workshops” are mainstreaming their clients. These changes are a positive step for persons with disabilities but the implementation of the “plan” is broken. The gaps are real for persons with developmental and cognitive disabilities. Our state has not stepped up to deal with these gaps from a best practices model of community services to a commitment to invest in supported employment, accessible transportation, inclusive and affordable housing options, and respite care for families.

In this year’s budget, Developmental Disabilities received no “new” money. All the money in the budget was realigned. Realignment is a cut. There was a struggle to get 300 “new” CAP/ MR-DD slots and we have a waiting list of over 4,000 people. Not that we officially keep waiting list information any more. To add to the burdens facing families with children who have cognitive and developmental disabilities a new Special Provision will allow DHHS to study the effectiveness of a co-pay for new CAP/MR-DD recipients. A Special Provision that may turn out to be anything but special. If legislators agree with this study then many families will have the financial burden of paying a co-pay for the CAP/MR-DD services they currently receive. Of course if their child was in an institution there would be no co-pay for the same services. Then there is the financial impact on families, the life span cost for a single child with Autism is close to 3.2 million dollars (Harvard School of Public Health). A difficult calculation when you consider the median income in Raleigh is only $60,000.00 (2000 Census) a year for a family of four.

Maybe the complicated issues facing people with cognitive or developmental disabilities is not as “marketable” as those for people with mental illness but the difficulties are just as burdensome for the families and the individuals trying to receive the supports needed to remain independent and engaged in their community. It’s time to take a look at the complete reform package and look at the inadequacies that are facing the multiple populations being affected by the Mental Health, Developmental Disabilities, Substance Abuse Service Reform initiatives. It’s time for the discussion to be inclusive of all people affected by the current Health Reform initiatives.


Additional Links:
Harvard School of Public Health - http://www.hsph.harvard.edu/news/press-releases/2006-releases/press04252006.html

The Arc of North Carolina 2007 Annual Convention Comes to A Close

The Arc of North Carolina 2007 Annual Convention is over. The convention was a wonderful opportunity for our large community to spend some time together and get energized. There is a lot of work to do but as the last slide of Steve Eidleman's presentation stated "If not The Arc, Then Who?"
We are The Arc of North Carolina and here are our Core Values:
1.People First
2. Democracy
3. Visionary Leadership
4. Diversity
6. Integrity and Excellence

Chris Egan, the new board president for the Arc of North Carolina ended the conference with these inspiring words, "We are one Arc and we need to go forth and do all that we need to do".

Steve Eidelman- Robert Edelshohns Chair in Disabilities Studies at The University of Delaware Offers Some Closing Thoughts

Steve Eidelman the past president of The Arc of the United States gave the closing keynote address today.
Here are some facts that he shared with us that should make us all think:
*17.5% of all North Carolinians have a disability.
*20,000 people with developmental disabilities live with aging caregivers.

Steve challenged us to look at the DD system differently by providing these thoughts;
*We live in the age of Google but some still promote insitutions as a service model.
*We need to market the agenda of community inclusion.
*Community Inclusion is Not a Place!!!!
*A waiting list is not a support or a service.

Steve shared with the group an interesting analogy. The fashion industry has labled brown the "new black" well for the DD community sheltered workshops and segregated schools are the "new" institutions.

Now here is a true lightbulb moment; "People with DD are waiting to have a life!"

North Carolina Youth Leadership Network Presents a New Vision!

It's all about "culture". It is all about "pride". Disability Pride! It is all about "identity"!
These were the messages that three dynamic young leaders from the North Carolina Youth Leadership Network brought to The Arc convention today. These young people are the next generation of disability rights leaders.
Here is just one example of their leadership this year:
NCYLN worked hard this legislative session on thier first legislative agenda. NCYLN wrote and advocated for the passage of a Disability History and Awareness bill. This legislation designates October as Disability History and Awareness Month and incorporates our history, culture, and accomplishments into our K-12 classrooms. This bill was signed into law on July 27, 2007.
This amazing group of leaders shared their vision of a different disability movement, one that is inclusive of all people with disabilities, one that uses advocacy and activism, and one that changes the perception from a medical model to a "cultural model".
I can't wait until the first North Carolina Disability Pride Day!!

More Live Blogging to Come!!!

The convention is still going on! The information and coffee are still flowing! And...we are still blogging!

Senator Doug Berger Receives Award!

Senator Doug Berger received The Arc of North Carolina Senate Legislator of the Year Award last evening at our Annual Awards Banquet. Thanks to Senator Berger’s leadership during the budget negotiations, we were able to secure 300 new CAP/MR-DD waiver slots. Senator Berger was also the Senate sponsor of the Offer Sign Language in Schools and Colleges and voted to support the Disability History and Awareness bill. Senator Berger spoke passionately about the need for people with disabilities to gain full independence. He highlighted the need for full implementation of Ticket to Work in our state. We congratulate Senator Doug Berger on his award.

Representative Jean Farmer-Butterfield Presents a Legislative Advocacy Session

Representative Jean Farmer Butterfield presented today on Legislative Advocacy. This presentation went over the ins and outs of Advocacy 101. She highlighted the importance of telling your personal story as it relates to legislation. She detailed the "dance of legislation" or how a bill becomes a law! (How many of you are humming the School House Rock song right now?) Then there was an interactive mock Senate floor debate on a fictional Senate bill. Mock Senate debate was fast and furious and the bill passed.

Representative Hugh Holliman Receives Award!

The Arc of North Carolina is excited to announce that Represenative Hugh Holliman has received our House member Legislator of the Year Award. Ellen Holliman a strong supporter of The Arc of North Carolina. Representative Holliman is recovering at home and was unable to attend the event. We extend our best wishes to him and his family. In presenting the award Dave Richard, the Executive Director of The Arc of North Carolina, spoke to Representative Holliman's dedication and guidance in steering Mental Health Equitable Coverage through the General Assembly this session. Congratulations to Representative Holliman.

Keynote Address by Al Condeluci

Our keynote address was delivered by the energetic and dynamic Al Condeluci. (Find out more about Al by visiting this website http://www.ucp.org/ucp_generaldoc.cfm/1/9/10438/10438-10438/5875)

Al challenged the crowd to "pull themselves up from the developmental disability arena and to rise up 30,000 feet to see that the barriers we are facing are the same as other marginalized communities. This is not a developmental disabilities issue, this issue is bigger than that."

Here are some facts that Al shared with the group:

JOBS:
Unemployment rate is 4.3% for the general public. The rate of unemployment for people with disabilities is 76%.
76% of people with disabilities are unemployed or under employed.

Jobs are a primary way that we get two needs met in our lives
Jobs give us an identity and access to other people.


HOUSING:
Home ownership is the great American dream.
Home ownership establishes a sense of place.
71% of people in America own their own home.
6.2% of people with a significant disability own their own home.

A majority of people with disabilities end up in group homes or instiutional settings


TRANSPORTATION:
Transportation barriers are a major issue for people with disabilities.
Public transporation is under assault in the Unites States. The transportation budget is being cut in every city in America.
Poor people get hit the hardest.

FRIENDSHIP NETWORKS:
Think about your friendship network. A typical person in society has about 150 friends. This network is referred to in research as "social capital".
Incredible research in the last 30 years on "social capital". The typical person in society has about 150 friends.
Currently there is little to no research regarding people with disabilities and "social capital".

There was a lot to think about during this amazing opening session and it is time we change the focus of our conversation.

Live From the Exhibit Hall at The Arc of North Carolina 2007 Annual Convention!

The exhibit hall is bustling and the information is flowing! So is the coffee! Some of the exhibitors are Carolina Legal Assistance, North Carolina Guardianship and The Planning Group, Inc. just to name a few.

Live Blogging from The Arc of North Carolina 2007 Annual Convention

Welcome to our first live blog event!! Today kicks off The Arc of North Carolina's Annual Convention and we are going to bring you some highlights straight from the policy desk at the Durham Marriott and Conference Center!!!

The theme for this years annual convention is "Paving the Way".

At the 2007 conference, The Arc plans to Pave the Way towards inclusive community life, offering speakers and sessions that will propel us all forward in our thinking and in our advocacy.

This year’s conference is designed to help families, individuals with disabilities and staff with the challenges of the North Carolina service system and most importantly, how to affect meaningful change.

In the area of policy advocacy you are reading one of the ways we are "Paving the Way" to affective and meaningful change. This blog will be able to deliver to our disability community updated information on state and federal policy. It will give you an opportunity to express your opinions and to ask questions of The Arc of North Carolina policy desk.

We will also be unveiling our new Legislative Updates and Action Alerts today, but, you will have to come back later for the sneak preview.

Come back often today and keep in touch.

The Arc of North Carolina 2007 Legislative Review

As The Arc of North Carolina prepares for its annual convention, which starts tomorrow, we want to share this legislative review with the community.

The legislative session has ended. It was a long session and lots of policy moved through to the Governor’s desk. The Arc of North Carolina with our coalition partners was instrumental in lobbying for important policy issues that effect people with disabilities in our state.

Bills that Made it to the Governor’s Desk:

The following bills passed the state house this session and were signed by the governor. The Arc of North Carolina actively supported these bills.

HB 91: Same Day Voter Registration.
The Arc working with NC Fair Share, Democracy North Carolina, and Alliance of Disability Advocates this legislation will permit people to register to vote and cast their ballots at early voting sites across the state. Early voting sites in our state are HAVA accessible.

HB 915: Offer Sign Language in Schools and Colleges
The Arc supported this legislation with our coalition partners including Alliance of Disability Advocates, The Autism Society of North Carolina and the North Carolina Association of the Deaf. This bill made American Sign Language a modern foreign language and encourages our high schools, colleges and universities to offer American Sign Language classes.

SB 753: Disability History and Awareness Month
Alliance of Disability Advocates, North Carolina Youth Leadership Network, The Arc of North Carolina, the North Carolina Council on Developmental Disabilities and the MS Society of North Carolina supported this important legislation. October is now Disability History and Awareness Month. Disability history and culture will now be integrated into the standing curriculum of our public schools during the month of October. North Carolina is the third state to pass this ground breaking legislation.

HB 554: Assault Disabled Person/Institutional Setting
This legislation raised the criminal penalty for assaulting a person with a disability in an institution from a misdemeanor to a felony.

SB 1147: Dealer MV Inspections/Records/MV Registration
The Arc worked to insert an amendment in this bill that would make it easier for persons with severe profound disabilities, who do not drive but may purchase a vehicle, to register that vehicle by proxy.

Bills we need to continue to work on that are eligible for the Legislative Short Session:

HB 12: Students Inelligible for Special Education Protection.
This bill protects a narrow group of students with disabilities who are entitled to special education services and protection under the law. This bill prevents school systems from automatically suspending unidentified students with disabilities when school systems failed to identify and serve these children. This bill was approved by the House Select Committee on Education of Students with Disabilities and received a favorable report from the House Education Committee before passing the House this session. This legislation is now awaiting a Senate Education Committee hearing.

HB 1366: School Violence Prevention Act.
This bill made it through the House and a stripped down version made it through the Senate. It returned to the House to be re-referred to Judiciary I. This legislation is also known as the “Bullying Bill”. The bill would standardize the definition of bullying and harassing behavior and it lists the students most vulnerable in our school system. The list includes students with disabilities.

SB 388: Fair Housing Act Amendment.
This bill made it through the Senate committee on Commerce/Entrepreneurship/Small Business only to get derailed at the Senate Appropriations committee. This legislation would remove

Additional Policy:
The following policy issue was not a bill but was brought to our attention by a member of the disability community.

The Arc of NC also worked with the Insurance Commission on issues regarding the new insurance rates for modified vehicles. The Commissioner of Insurance is working to correct a rule change that made medically modified vehicles fall under the same risk assessment as modified street vehicles. We are keeping up with these changes and will notify when changes happen.

Study Bills:
We are currently advocating that this legislation be studied during the session break.
HB 1641: Study Disabled Access to UNC Facilities.
This bill passed the House Committee on Education and was included in both the House and Senate Study Bills. This legislation will study accessibility for students with disabilities on all sixteen UNC campuses. The study will also look at models of accessibility, such as the ones being used at the University of Illinois and how we can make these models a reality in North Carolina.

The Budget:
DHHS Budget
The Arc lobbied an amendment to increase the number of CAP slots in the Senate budget to 300 CAP slots. In the final budget we were able to hold those 300 CAP slots. The Arc also expressed our concerns regarding the Special Provisions on sliding fee scales and CAP/MR-DD Co-Pays. The outcome on the sliding fees scales was satisfactory with the rates beginning at 300% above poverty level. The CAP/MR-DD Co-Pay will be studied first by the Department of Health and Human Services. There will be public hearings on this issue and we will notify our membership of these meetings. The results of the study will then be presented to the General Assembly before any co-pay schedule is put in place. The Arc will be closely monitoring the progress of this policy.

Education Budget
The budget allocated $5,000,000 for the 07-08 and 08-09 fiscal years to LEAs to support special education and related services for students with identified disabilities. This increases the funding factor by $42.01 per student in funded headcount bringing factor to $3,199.57 per student.

Julia's Musings: Extra Special Session Not So Special

Yesterday the Extra Special Session came to an end but not before the passage of House Bill 4.
This legislation will give a major financial grant to two corporations in North Carolina, Bridgestone/Firestone and Goodyear. This bill will appropriate $60 million from the General Fund to the Job Maintenance and Capital Development Fund over the next ten years. The first shift of money will appear in the 2008-2009 Fiscal Budget with an appropriation of $5 million dollars. That is $5 million in “new” money for a new grant program.

Yesterday I posed a question: what does this legislation have to do with people with disabilities? Well, here is the answer. DD/MR was faced this session with having to realign money in order to serve our community. Here is what we could have done with $5 million in “new” money.

CAP MR/DD Slots:
$5 million dollars would have provided 330 slots and $10 million dollars in federal matching funds.
Our current budget provided for 300 additional slots using realigned money. We asked for 660 slots. Now here is some interesting math. If we held on to the 300 slots in our realigned budget and received 330 slots in “new” money we would have been able to get 630 CAP slots. This could have fulfilled our request to almost fully fund the 660 waiver slots available for this innovative community program. This would have brought close to $20 million in federal matching funds into our state.

Other Funding Requests:
Our policy agenda requested the following from our State leaders;
· $1.7 million for First in Families to expand statewide. First in Families is a family/consumer management team that creates a best practice support model for families with children who have developmental or intellectual disabilities.
Learn more about First in Families http://www.arcnc.org/services/first_in_families/ or www.fifnc.org
· $2 million in much needed Respite Services
· $1 million in Access to Dental Services (This years budget appropriated $200,000 in non recurring funds for Special Population Dentistry to provide funding for a mobile dental provider to deliver services to the frail elderly and person with disabilities in unserved areas).

$5 million would have covered all of these requests with $300,000.00 remaining to maybe fund the Center for Universal Design in the 2008-2009 fiscal year. This year the Center for Universal Design received $300,000 in non recurring funds for the 2007-2008 fiscal year. Want to know more about the Center for Universal Design? Visit their website at http://www.design.ncsu.edu/cud/

Or we could have directed the $5 million dollars toward Early Intervention Services. Our policy agenda requested $7 million but $5 million would have gone a long way to help support our community. Early Intervention for children with developmental and intellectual disabilities is critical to families. The earlier we can asses the needs of the child and begin providing developmental services the better the adult outcome.

Then we have housing. In this years budget The Housing Trust Fund requested $50 million dollars to help over 6,000 families. It would have leveraged $200 million more investment in affordable housing each year and would have generated over 3,000 jobs each year. House Bill 4 will hand out up to $60 million over ten years to major corporations and the recipients of these grants are not being asked to generate more jobs. So what would $5 million do for housing people with disabilities in our state? $5 million would equate to at least 50 supported fully inclusive new housing units. 50 more people with disabilities could move into their own homes and become more vested in their communities. (Visit www.nchousing.org for more information on The Campaign for Housing Carolina).

We need to ask our leaders a question this time. Which is the better investment -- creating a $60 million dollar grant program for multinational corporations or investing in people with disabilities that have been waiting a long time for just such a financial commitment?

To get more spin on this issue check out what Chris Fitzsimon of NC Policy Watch had to say about this legislation, http://www.ncpolicywatch.com/cms/?p=10096

Special Session and Extra Special Session Legislative Review

Special/Extra Special Session Legislative Review:
House Bill 4-Session Law 2007-552 Extra Session
Read the legislation: http://www.ncleg.net/Sessions/2007E1/Bills/House/HTML/H4v4.html

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.

Corporations applying for this grant must meet the following conditions in order to be eligible:

The corporation invested or intends to invest at least $2 million of private funds in improvements to its real property or projects to invest that sum over a six-year period.
1. The business needs to employ at least 2,000 full-time employees or equivalent full-time contact employees.
2. The project needs to be located in a tier one county. A tier one county is an low economic/economic distressed/poor county.
3. All newly hired employees must be citizens of the United States or have proper identification and documentation of their authorization to reside and work in the United States.
4. Wage Standard. The business must pay an average weekly wage that is at least equal to 140% of the average wage for all insured private employers in the county.
5. The business must offer health insurance to all full time and contract employees.

A business receiving this grant can have the grant amount reduced if:
1. The business reduces its employment below the number of employees that were stated as employed at the time of the grant. The business will loose the grant amount for a calendar year if they fall below 80% employment threshold.

A business receiving this grant can have the grant taken away based on the 80% employment rule or the termination of health coverage to its employees.

Julia's Musings: Special Session

Recently the Governor used his veto authority on House Bill 1761, better known as the "Goodyear Bill" (http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1761v4.html).

Our State House sprang back to life yesterday with a Special Session to consider a veto override. The House is required to make the first move during this Special Session, either voting to override the veto, voting to sustain the veto or voting on a compromise bill. The majority of the day went like this: Speaker Joe Hackney enters the chamber, bangs the gavel calling the session to order then announces a recess, bangs the gavel again and exits the chamber. Meanwhile, behind closed doors the key players were knocking out a compromise bill. All this culminated at 7:30pm when the Governor sent over a proclamation for an Extra Special Session. This gives our elected leaders the ability to take action on the soon to be disclosed compromise legislation. Yesterdays Special Session and Extra Special Session ended at 8:14pm with an announcement that they will start again Tuesday, September 11th at 10:00am.

A question you might be asking right now is "What does this have to do with people with developmental or cognitive disabilities?" Well the short answer is all policy has an affect on other policy and this legislation is no different. First question I want answered is, "Are there corporations in North Carolina that target the hiring of people with disabilities that may also benefit from these grants?" If so, then we need to get the information out to them and get them to apply in the future. Second question I want answered is, "How is the funding source for this legislation going to affect future budget discussions?" This year we saw no "new" money appropriated to DD/MR.

So, to make sure our community gets these answers I will be at the General Assembly this morning observing all the happenings.


Can't wait till the end of the day and want to know what is happening in "real time"?

You can follow the events on line by going to http://www.ncleg.net/ and clicking on the Live Audio Symbol at the top of the page. You can also read some live blogs detailing the action by heading over to Under the Dome or Issac Hunter's Tavern. Both links are on the side of this page.

Welcome! We Have Joined the Blogosphere!

Welcome to The Arc of North Carolina Policy Blog. This Blog marks a new direction in policy out reach for The Arc of North Carolina. Here you will be able to find more in-depth coverage of policy issues facing people with cognitive, developmental and other disabilities across the state and nation.
In addition to more in-depth policy coverage, at times there will be commentary on issues facing our state from our own Policy Coordinator, Julia Leggett. These sections are appropriately titled, “Julia’s Musings”.
As you explore this Blog please take note of the links to other policy sites that have their own spin on issues facing our disability community. You do have the option to sign up for automatic email alerts when this Blog is updated. We hope you will use this option.
Thank you for visiting The Arc of North Carolina Policy Blog and for being part of the advocacy efforts in North Carolina.