NCD Bulletin
A Monthly Publication of the National Council on Disability (NCD)

Marca Bristo, Chairperson
September 1999

The Bulletin, which is free of charge, and at NCD’s award-winning Web site (http://www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe or unsubscribe to the NCD listserv, send a blank e-mail to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

Civil Rights Update

On September 29, the Federal Communications Commission (FCC) released rules and policies that will require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by people with disabilities, if readily achievable. These rules, which were adopted by FCC on July 15, 1999, implement Section 255 of the Telecommunications Act of 1996 and Section 251 (a)(2) of the Communications Act of 1934. The rules will give people with disabilities access to a broad range of products and services--such as telephones, cell phones, pagers, call-waiting, and operator services--that they cannot use today. The rules are available on the Web (http://www.fcc.gov/dtf) and become effective 70 days after publication in the Federal Register.

On September 22, NCD conducted a town meeting in Arlington, Virginia, on the enforcement and implementation of the Individuals with Disabilities Education Act (IDEA). More than 100 disability advocates, parents, and children from as far away as California participated in this important town meeting. The meeting was held in preparation for a fall release of NCD's report, Back to School on Civil Rights, which will be the second in NCD's "Unequal Protection Under Law" series of independent analyses of federal civil rights enforcement for Americans with disabilities. Back to School on Civil Rights will assess nearly two and a half decades of federal enforcement of IDEA and offer recommendations to the President and Congress for how IDEA can be better enforced. Remarks from the town meeting by NCD chairperson Marca Bristo and board member Lilliam Rangel-Diaz can be found at NCD's award-winning Web site.

Legislative Update

With 240 cosponsors, the Work Incentives Improvement Act of 1999 (H.R. 1180) now awaits a floor vote. The bill in its current form would, among other things, allow states to opt to permit people with disabilities to return to work without losing their Medicare or Medicaid health insurance benefits. The House and Senate have targeted October 29 for adjournment.

Technology Update

The Assistive Technology Act (ATA) of 1998 affirms that technology is a valuable tool that can be used to improve the lives of Americans with disabilities. ATA builds on the success of its predecessor, the Technology-Related Assistance for Individuals with Disabilities Act of 1988, which sunset on September 30, 1998. ATA mandates, among other things, that NCD submit a report to the President and Congress describing the barriers in federal assistive technology policy to increasing the availability of assistive technology devices and services for individuals with disabilities. To fulfill this requirement, NCD awarded a contract to the Association of Tech Act Projects to assist with the preparation of that report, which is a cross cutting analysis of federal policy rather than a detailed examination of particular issues.

NCD Fellowship Program Update

NCD received 52 applications for its National Disability Fellowship Program in Washington, DC, which will identify and develop new leaders with disabilities to enhance NCD's policy capacity. The annual program will provide experience, training, and contacts to qualified individuals with disabilities. NCD will announce the name of the successful candidate in January 2000.

NCD Releases Report on National Voter Registration

On October 1, NCD released a new report titled Implementation of the National Voter Registration Act by State Vocational Rehabilitation Agencies. Voting is one of the most fundamental rights in a democratic society. To date, no study has been undertaken regarding the implementation of NVRA by state vocational rehabilitation agencies. The purpose of this report was to assess the experience of these agencies in implementing this critical legislation. NCD found that state agency implementation is inconsistent and not well coordinated. The report, which is available on the Web, offers recommendations for improving implementation of this critical law by state vocational rehabilitation agencies.

Correction

The August NCD Bulletin misreported the U.S. 8th Circuit Court of Appeals decision in Thomas Bradley v. Arkansas Department of Education. The Court upheld the constitutionality of IDEA.