Capitol Insider
for the week of Sept. 14th


Action Alerts


Major Events Last Week

Education/Rights – Justice Department Issues Guidance on Testing

The Department of Justice (DOJ) issued technical assistance on the obligation
under the Americans with Disabilities Act (ADA) of testing entities to ensure that
test scores of individuals with disabilities accurately reflect aptitude, achievement,
or skill.  The document discusses who is entitled to testing accommodations, what
types of testing accommodations must be provided, and what documentation may
be required.  The document also discusses prohibited flagging policies and proper
reporting of test scores.  See the Guidance Document or to find out more about
the ADA, visit or call the DOJ’s toll-free ADA Information Line at
1-800-514-0301 or 1-800-514-0383 (TDD).

Social Security – Institute of Medicine Issues Report on “Mental Disorders
and Disabilities Among Low-Income Children”

The Institute of Medicine of the National Academies of Sciences, Engineering, and
Medicine has issued a new report, “Mental Disorders and Disabilities Among Low-
Income Children.”

The Social Security Administration commissioned this report to identify trends in
the prevalence of mental disorders among U.S. children and to compare those
trends to changes observed in the Supplemental Security Income (SSI) childhood
disability population.  The report “provides evidence-based findings and conclusions
concerning trends in the prevalence of mental disorders in children and also the
diagnosis and treatment of these children,” including previously unreleased data on
the rates of mental disorders and disabilities among low-income children from the
SSI and Medicaid programs.

Employment – Settlement Reached in Oregon over ADA Violations in
Employment Services

On September 8, 2015, the Department of Justice (DOJ) announced that it has
entered into a proposed settlement agreement with the State of Oregon.  The
proposed agreement will resolve violations of the Americans with Disabilities Act
(ADA), as interpreted by the Supreme Court in Olmstead v. L.C.  The agreement
will impact more than 7,000 Oregon citizens with intellectual and developmental
disabilities (I/DD) who can and want to work in community employment. The
statewide agreement addresses the rights of people with disabilities to receive
state-funded employment services in integrated settings, such as supported
employment services provided in typical employment settings, rather than in
segregated sheltered workshops.  The agreement also provides relief to
transition-age youth at risk of segregation.

Employment/Rights – CMS Announces Performance-Based Payment
Options for Employment Services

In late August 2015, the Centers for Medicare and Medicaid Services (CMS),
announced new performance and outcome-based options for funding
employment supports and services through a Section 1915(c) waiver. CMS
announced that they will begin accepting payment structures that include
outcome payments for: Discovery or Supported Employment Assessment
Service and Report; or Job Development, Placement, Customized Employment
Position, as a single unit of service.  These outcome payments will be made as
long as the service is time-limited, and has a defined tangible outcome.  Under
this new payment structure, states can also make milestone payments in addition
to fee-for-service payments to reimburse providers when certain employment
outcomes are achieved.  This would allow states and service providers to capture
funds for all phases of job placement based on outcomes.


Marchand Internship – Application for Spring 2016 Session Due Oct 1

The Paul Marchand Internship Fund will provide $3,000 per semester or
summer session to assist interns interested in pursuing careers in public policy
advocacy for people with intellectual and developmental disabilities (I/DD).  See
Application information and Internship FAQs for more information.  For 38
years, Paul Marchand was a dedicated disability policy advocate and recognized
leader working on behalf of people with I/DD and the larger disability community.
Upon his retirement in 2011, The Arc, with substantial contributions from United
Cerebral Palsy, other organizations, and individuals with whom Paul worked
during his decades in Washington, established an internship to honor Paul and
to continue to cultivate disability policy advocates.

Tony Paulauski
Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423
815-464-1832 (OFFICE)
815-464-1832 (CELL)