Lex Frieden, Chairperson
May 2004

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NCD Celebrating 20 Years as an Independent Federal Agency, 1984-2004

Supreme Court Rules in Favor of People with Disabilities

On May 17, the U.S. Supreme Court decided Tennessee v. Lane (02-1667), holding that Title II of the Americans with Disabilities Act of 1990 (ADA) properly gives private citizens the right to seek monetary damages in court if a state fails to make its judicial services accessible.

The Lane case attracted national attention last year when the Supreme Court agreed to review Congress' authority to prohibit disability-based discrimination by states. The State of Tennessee invoked its sovereign immunity under the Eleventh Amendment of the Constitution when it was sued by several individuals with disabilities, including a person in a wheelchair who had to crawl up two flights of stairs to participate in court proceedings and who was jailed when he refused to endure such humiliation at a subsequent hearing. In this pro-ADA decision, the Supreme Court broke its recent trend of limiting the power of Congress to regulate states, finding that "Congress enacted Title II against a backdrop of pervasive unequal treatment of persons with disabilities in the administration of state services and programs, including systematic deprivations of fundamental rights."

For more information, go to http://www.ncd.gov/newsroom/news/2004/r04-454.htm.

Assisted Suicide Upheld in Oregon

On May 26, a federal appeals court ruled that Oregon's assisted suicide law, the Death With Dignity Act, will stand, allowing doctors in Oregon to prescribe lethal doses of medication to terminally ill patients. The ruling enjoined the enforcement of an interpretative rule issued by Attorney General John Ashcroft, known as the "Ashcroft Directive," which declares that physician-assisted suicide violates the Controlled Substances Act of 1970.

A doctor, a pharmacist, severally terminally ill patients, and the State of Oregon brought an action in federal district court, seeking declaratory and injunctive relief against the Ashcroft Directive. The district court entered a permanent injunction against the enforcement of the directive.

In 1997, NCD published a paper on assisted suicide that described the risks experienced by people with disabilities at the hands of a society that has not progressed far enough in allowing for an objective and equitable basis in making a decision to terminate their lives.

Senate Passes Family Opportunity Act

On May 6, the U.S. Senate passed the Family Opportunity Act (S. 622), which provides reasonable solutions and access to health care and assistance for families in acquiring the appropriate health care coverage. NCD recognizes the Family Opportunity Act as a major legislative issue in this Congress for people with disabilities and their families. The bill would amend Title XIX of the Social Security Act to offer families of children with disabilities the opportunity to purchase coverage for their children under the Medicaid program. The bill was referred to the House Committee on Energy and Commerce, Subcommittee on Health.

NCD Says Stay the Course on Educational Outcomes

On May 17, NCD released Improving Educational Outcomes for Students with Disabilities, which was commissioned to assist policy leaders and stakeholders in identifying, disseminating, and aligning evidence-based outcome-producing practices with the Federal Government's commitment to leaving no child behind in the attainment of a free, appropriate public education.

Thanks to the Individuals with Disabilities Education Act (IDEA) and its push for increased access to education for students with disabilities, and the No Child Left Behind Act (NCLB), with its push for improved student outcomes, educators across the United States are reexamining their practices to find ways to close the achievement gaps between groups of students. Students with disabilities are a focus of this attention, as schools and states labor to improve their academic outcomes. Currently, the diploma graduation rate for students with disabilities is 57 percent under IDEA. Policymakers are studying both the reauthorization of IDEA and the ongoing implementation of NCLB to determine the most effective means for serving students with disabilities.

Fortunately, there are signs of positive change and evidence that holding students, including students with disabilities, to higher expectations results in improved outcomes. These facts lead to NCD's primary recommendation, which is "stay the course."

While some naysayers believe that NCLB sets too high a bar for students and schools, the vast majority of people believe that we must maintain high expectations for all students, particularly students with disabilities.

IDEA Passes U.S. Senate

On May 13, the U.S. Senate voted to reauthorize IDEA (S. 1248), which, among other things, would revise programs and reauthorize appropriations through 2009. The bill makes several improvements to IDEA that will result in students with disabilities meeting higher standards and achieving greater educational results. The House companion bill is H. 1350.

Even though it had some concerns, the Administration supported the passage of S. 1248, which aligns IDEA with the important principles in NCLB. These principles are: accountability for results; state flexibility; paperwork reduction; parent involvement; and research-based practices.

The bill now goes before a conference committee to work out differences in the House and Senate versions.

President Bush to Nominate Six NCD Members and New OSERS Assistant Secretary

On May 20, President Bush announced his intention to reappoint six members of NCD: Milton Aponte of Florida, Robert Davila, Ph.D., of New York, Young Woo Kang, Ph.D., of Indiana, Kathleen Martinez of California, and Linda Wetters of Ohio. Brief biographical material can be found at http://www.ncd.gov/newsroom/members/members.htm. The nominations were submitted for action to the Senate Committee on Health, Education, Labor, and Pensions.

On May 25, the President announced his intention to nominate John H. Hager of Virginia to be Assistant Secretary for Special Education and Rehabilitative Services at the Department of Education. Mr. Hager recently served as Assistant to the Governor for Homeland Security in Virginia. He previously served as Lieutenant Governor of the Commonwealth of Virginia. Mr. Hager earned his bachelor's degree from Purdue University and his master's degree from Harvard University.

Mr. Hager's wife, Maggie, is a former NCD member, who was appointed by President George H. W. Bush.

White House Announces New Disability Contact

Tracy R. Justesen recently joined the White House staff as Associate Director for the Domestic Policy Council. Tracy will handle the President's New Freedom Initiative and issues important to individuals with disabilities. He comes to the White House after serving as an attorney in the Civil Rights Division of the Department of Justice. He served as a technical advisor to the President's Commission on Excellence in Special Education and as the president and chief executive officer of one of the nation's premier centers for independent living.

He will return to his position as an attorney with the Department of Justice upon completion of this assignment to the White House. He may be reached by email at tjustesen@opd.eop.gov.

NCD/ADA Anniversaries

This year, NCD will celebrate the 14th anniversary of the ADA, along with NCD's 20th anniversary as an independent federal agency. On July 24, NCD will be hosting an invitation-only gala celebration event at the John F. Kennedy Center for the Performing Arts in Washington, D.C.

The gala will celebrate the ADA and how it has transformed the lives of people with disabilities by bringing the principle of disability civil rights into the mainstream of public policy. The law has fundamentally affected the way Americans perceive disability, making the ADA a symbol of the promise of human and civil rights. It has also created increased recognition and understanding of people with disabilities achieve equality and independence. It is a vehicle through which people with disabilities have made their influence felt, and it continues to be a mobilizing force for the disability rights movement.

Former Connecticut Governor and U.S. Senator Lowell P. Weicker, Jr., will present the keynote address.

Youth Advisory Committee to Conduct Dialogue

NCD's Youth Advisory Committee (YAC) has asked other youth and young adults with disabilities to participate in a public dialogue opportunity during the YAC's public meeting, 10:00 a.m.-12:00 p.m., July 23, 2004, at the Ritz-Carlton, Pentagon City, 1250 South Hayes Street, Arlington, VA. People with disabilities, up to age 30, who plan to be in the DC area are particularly encouraged to e-mail ghawkins@ncd.gov or call 202-272-2004 to be counted for planning purposes. Space is limited.

NCD Members Recognized

In April, NCD member and Ohio Rehabilitation Services Commission (RSC) Assistant Executive Director Linda Wetters was named recipient of the RSC's 2003 Commissioners' Award by Commission Chair Douglas Huntt, Ph.D. The award is RSC's highest honor and recognizes exemplary service to the agency's mission and goals, and outstanding community involvement.

On June 25, NCD Chairperson Lex Frieden will receive an honorary doctor of laws degree from the National University of Ireland, Galway. The degree will be conferred by the Chancellor of the University, Dr. Garret Fitzgerald.