Federal Budget

The House of Representatives and Senate continue to work on appropriations for the 2023 fiscal year. Appropriations are annual funds set aside for specific federal programs. Some of the annual appropriations go towards supporting people with disabilities. This includes access to quality education, employment opportunities and other community supports and resources. Funding for most programs that impact people with disabilities is included in the Labor, Health, Human Services, Education and Related Agencies (LHHS) Bill. Advocates are working with Congress to increase funding in some of the programs, including Leadership Education in Neurodevelopmental and Related Disabilities (LENDs) and University Centers for Excellence in Developmental Disabilities (UCEDDs).

The federal fiscal year runs from October to September. A continuing resolution was passed on September 29, which extended funding for the federal government through December 16 and prevented a shut down. After the election, Congress will determine how to complete the process for the 2023 fiscal year.

Plain Language – US Senators and Representatives are working on a federal budget. They are deciding how to spend money and advocates are working with them to make sure people with disabilities receive the support they need.  

Federal Bills to Follow

Mental Health Matters Act: The House of Representatives passed the Mental Health Matters Act (H.R. 7780), which included a bill called the Respond, Innovate, Succeed, and Empower (RISE) Act. The RISE Act will require colleges to accept a student’s proof of disability from K-12 schools when they request accommodations in college. Currently, many college students have to pay for extra doctor’s appointments and additional testing to provide proof of disability. For this bill to pass, it will also need to go through the Senate. 

Plain Language: Congress is working on a bill that will help college students with disabilities. If this bill passes, students with disabilities will no longer have to provide additional documentation as proof of disability when a student requests accommodations from a college or university. This will save college students with disabilities and their families time and money.

Transformation to Competitive Integrated Employment Act: (S. 3238 / H.R. 2373) Senators Casey (D-PA) and Daines (R-MT) as well as Representatives Bobby Scott (D-VA-3rd) and McMorris-Rodgers (R-WA-5) introduced the Transformation to Competitive Integrated Employment Act. The bill will phase-out the use of 14(c) of the Fair Labor Standards Act, which currently allows businesses to obtain a certificate from the Wage and Hour Division to pay people with disabilities subminimum wages. The bill will also assist employers in transforming their business models to support individuals with disabilities through competitive integrated employment. The Act has been introduced but has not yet passed. 

Plain Language: There is a bill in Congress that would end paying people with disabilities subminimum wage and help businesses support employees with disabilities through competitive integrated employment. Advocates are working with representatives to get this bill passed. 

State

Legislature – The Long Session begins in January. One of the primary goals of the session is to pass a two-year budget to support programs and initiatives from July 2023 to 2025.  The previous two-year budget was successful in funding additional waiver slots, increasing wages for direct support professionals, and supporting adjustments to special education. While this was a positive start, there is hope that this coming budget will provide additional allocations to further meet the I/DD community’s needs. 

Plain Language: The NC legislature will meet for the Long Session in January to work on a two-year budget. Advocates will be working to make sure the budget includes money for services for people with disabilities. 

Samantha R., et al. v North Carolina and the NC Department of Health and Human Services: After Samantha R. was admitted to a state-run institution for people with I/DD as a result of inadequate access to community care in 2015, Disability Rights North Carolina filed a suit on behalf of her family and others in similar situations against the State of North Carolina. In 2020, Judge Allen Baddour ruled that the State was in violation of the Olmstead Act. However, the State has not taken adequate measures to rectify the problem since the ruling. This month, the judge issued an order to the State with measurable timelines and goals that would give the I/DD community more options and opportunities for community care. 

Plain Language: A 2020 ruling found the State of North Carolina was violating the Olmstead Act and is now being pushed to create measurable goals and timelines that will provide people with I/DD more resources and opportunities for community care.