40 Million Americans…

AAPD, ADAPT, NCIL, SABE Questionnaire – Senator John Edwards Response

June 12, 2007

1. POLITICAL LEADERSHIP
   1. Do you support the creation and appointment of a permanent Assistant to the President for Disability Policy at the White House?
      The federal government can and should do much more to help Americans with disabilities achieve independence, productivity, and inclusion. Too often, these issues are not even on the agenda in Washington. Policies affecting people with disabilities can only succeed if they are crafted with the help of people who understand firsthand the challenges Americans with disabilities and their families face. As president, I will ensure that a senior member of the White House staff is dedicated to ensuring that these issues are brought to my personal attention and given the top priority they deserve.
   2. How will you make sure qualified people with disabilities will be a part of your political team and, if elected, as part of your administration?To be effective, a presidential administration must include a diversity of perspectives. I am already working to ensure the perspectives of people with disabilities are included in my campaign by assembling a group of policy advisors, including people with disabilities, issue experts and advocates. If elected, I would appoint qualified people with disabilities to important jobs throughout my administration, not only jobs that are focused on disability policy. For me this is not just a matter of fairness: it is about having the best possible Administration, which means including a great diversity of perspectives and backgrounds.

      I would also make the federal government a model of diversity for the private workplace. Federal agencies should actively recruit qualified people with disabilities and remove the obstacles for working Americans with disabilities, such as supporting initiatives for telecommuting and flexible work schedules.

      The president must hear the needs and concerns of the 56 million people in America who have disabilities. The issues that people with disabilities are fighting for, like protecting civil rights, better education, good jobs and health care, will only make America stronger in the future. I am committed to maintaining open lines of communication with Americans with disabilities.

2. EMPLOYMENT
   1. What steps would you take to reduce employment barriers and improve employment outcomes for Americans with disabilities?Work is central to our lives, not only for economic independence but also to give our lives dignity and meaning. However, two out of three working-age Americans with disabilities are out of work today. Excluding anyone from mainstream American life is morally unacceptable. It also needlessly wastes great potential. Reducing barriers can create tremendous economic opportunity for our country.

      One of the goals I have set for America is lifting 12 million Americans out of poverty in a decade and eliminating poverty in America over the next 30 years. It is something we must do to restore our moral authority in the world. Restoring our moral authority means leading by example and making clear that hard challenges don’t frighten us, but call us to action.

      In America, every person should have the chance to live up to his or her potential at work and in our communities. We cannot achieve that goal without addressing the barriers that confront Americans with disabilities when they seek to work. Too often, people with disabilities are denied that opportunity because unfair obstacles get in their way. I believe we must break down these barriers, and I have a comprehensive agenda to give every American equal opportunity.

      First, we must concentrate on young people with disabilities who have higher dropout rates and lower college enrollment rates, making future employment more difficult. We must remove barriers to education. Those who do graduate have more difficulty finding a first job and getting their careers on track. Education must be accessible in elementary and secondary schools and in vocational schools, community colleges, universities, and graduate programs. I will ensure that the Department of Education strictly enforces the law and brings together experts to address means to eliminate these barriers.

      We lose far too many Americans with disabilities in the transition from school to either the workplace or higher education. My Breaking Down Barriers initiative will give young people meaningful job experiences and create a sense of the possibilities of their future. It will provide them valuable skills and contacts for finding a job after graduation, helping them on the path towards success and self-sufficiency. I support vocational rehabilitation programs and the expansion of employment-based settings for federally-funded job education.

      Second, we must extend the possibility of independent living. For people with disabilities, living within their own communities is essential to job opportunities. Work from home opportunities exist in greater quantity and quality when a person with a disability has family and home resources to utilize each day. Full oversight of state implementation of the Olmstead requirements will be a core objective in my administration. I will also create 1 million new Section 8 housing choice vouchers and support ongoing funding of existing vouchers, creating greater housing opportunities for people with disabilities. A portion of these vouchers will serve low-income people with disabilities. To ensure accessibility, I will instruct the Department of Housing and Urban Development to determine whether local housing authorities are complying with requirements to provide a list of accessible units; regular publication of these lists is the only meaningful way to demonstrate compliance.

      Third, the federal government has an important role in ensuring access to transportation. Accessible transportation is a critical component of increased work opportunities for people with disabilities. Funding and enforcement of transportation access requirements will be central to the mission of the Department of Transportation.

      Fourth, we owe a special debt to veterans with disabilities. I would restore vocational training programs for disabled and occupationally challenged veterans. The Bush administration terminated the well-regarded program at the Department of Labor that offered skill training and job placement for disabled veterans. I would renew the program to help meet the post-Iraq needs of large numbers of military personnel returning from active duty, as well as older generations of veterans.

      Fifth, to fight stereotypes and misconceptions, my Administration will work with national business leaders to create employment opportunities for people with disabilities. Employers who have a positive experience will be likely be more willing to hire someone with a disability in the future.

      Finally, we must vigorously enforce the law. I am committed to protecting the civil rights of people with disabilities. Full enforcement of the Americans with Disabilities Act and the Rehabilitation Act is critical to continued job opportunities for people with disabilities. We should be sure that federal agencies are ensuring compliance by federal contractors, going beyond the current minimalist approach described by a recent report of the National Council on Disabilities. The Civil Rights Division and Office for Civil Rights in the Department of Justice will become more involved in the enforcement of the ADA and especially the Olmstead decision. Open communication with the disabilities community will be essential to the mission of the Justice Department in enforcing these federal protections for the disabilities community in both the public and private workplaces. As president, I would nominate judges who are committed to protecting the rights of all Americans. While I served in the Senate, I was proud to vote against the judicial nomination of Jeffrey Sutton, who argued that federal protections of the ADA were not needed.

   2. How would you reform the federal income support programs (Supplemental Security Income and Social Security Disability Insurance) so that beneficiaries enjoy a greater standard of living and participate more fully in the labor market?Supplemental Security Income and Social Security Disability Income should not be an all-ornothing proposition for people with disabilities. SSDI asset requirements should permit beneficiaries to accumulate more assets without losing all benefits. I also believe we can provide incentives for SSDI recipients to earn reasonable income without losing Medicare and all supplemental income benefits. By doing so, we can promote economic opportunities for people with disabilities as well as strengthen the Social Security system.

      While we are eliminating disincentives for people with disabilities to accumulate assets, we also ought to help them actually build assets. For example, there is a lot we can do to expand home ownership within the disability community. People with disabilities should be able to buy a house and get loans to make universal design accommodations and other equity-building home improvements. I will also create a strong, national law banning predatory lending practices, which are targeted to vulnerable homeowners and result in equity-stripping and often foreclosure.

   3. According to the U.S. Equal Employment Opportunity Commission, between 1993 and 2004, federal workers with significant disabilities left the federal workforce at rate more than seven times the general reduction in the federal workforce during that period. What actions would you take to ensure that qualified workers with disabilities are given meaningful opportunities to participate in the federal workforce at all levels?The disappointing trend of people with disabilities leaving the federal workforce has not happened by accident. The percentage of federal employees with targeted disabilities – which are blindness, deafness, partial paralysis, complete paralysis, mental illness, mental retardation, convulsive disorders, and distortion of limbs or spine – did not increase at all from 1984 to 2005. I am committed to realizing the goal of Executive Order 13163: 100,000 qualified individuals with disabilities in the federal workforce.
      Americans with disabilities still face too many obstacles and discrimination in the workplace. I will make federal agencies a model for private workplaces by actively recruiting people with disabilities and removing obstacles, including creating initiatives for telecommuting and flexible work schedules.

      As president, I will fully enforce Section 504 of the Rehabilitation Act of 1973, the Architectural Barriers Act, and all other civil rights laws supporting access to employment for people with disabilities. The White House and the Department of Justice will work with the disabilities community to increase access to employment opportunities and identify and end workplace discrimination against people with disabilities in the federal government.

      I will reach out to appoint people with disabilities to high-ranking government positions. Visible integration of people with disabilities into the highest ranks of federal employees will send the right message of diversity and inclusiveness.

      I will also expand health care coverage for assistive technology and health care access for federal employees with disabilities.

3. HEALTH CARE FOR ALL
   1. What steps would you take to ensure that people with disabilities have access to affordable, quality health care that is responsive to their needs?I understand that health care is of special concern to people with disabilities. Not only do they have particularly important needs, but their independence often depends on good health care.

      We must act now to guarantee universal health care coverage for everyone in America. I am proud to be the first major presidential candidate to propose a specific plan to transform America’s health care system and guarantee quality affordable health care for every man, woman and child in America. Under my plan, businesses will either cover their employees or help pay their premiums. The government will make insurance affordable through new tax credits and by leading the way toward more cost-effective care. New “Health Care Markets” will give families and businesses purchasing power and a choice of quality plans, including one public plan based on Medicare. Finally, once these steps have been taken, all American residents will be required to take responsibility and get insurance. Insurance companies will not be allowed to discriminate against people with preexisting conditions or disabilities.

      Under my plan, families without insurance will get coverage at an affordable price. Families that have insurance today will pay less and get more security and choices. Businesses and other employers will find it cheaper and easier to insure their workers.

      Beyond guaranteeing coverage, there is much that we can do to ensure that people with disabilities receive quality care. Medical training and education should help primary care physicians, dentists and allied health practitioners to work with adults with disabilities. Currently, federal funding for training physicians to treat patients with disabilities is focused on pediatric practitioners, but most people with disabilities are adults. Under my plan, we will establish a non-profit or public organization – possibly within the Institute of Medicine – to research the best methods of providing care, drawing upon data from Medicare and the new Health Care Markets and from medical experts from across the nation. Understanding and disseminating best practices for treating patients with disabilities will be an essential part of this initiative.

   2. How or will you use managed care principles to deliver healthcare services?Managed care has shown some success in managing the health needs to people with chronic health conditions and it should be a choice for people with disabilities. However, people with disabilities need access to specialists and care that is not artificially limited by narrow definitions of medical necessity.

      There are also other ways to integrate care across multiple settings. I have called for investments in information technology and other initiatives to ensure that individuals with disabilities do not fall victim to the fragmentation of care. Something is wrong, for example, when the quirks of disparate payment systems – Medicaid reimbursing for institutional care, while Medicare pays for doctors – prevent health care providers from sharing information that could help patients.

   3. How would you improve the quality of health and rehabilitation services provided to veterans with disabilities?
      The VA has already seen over 200,000 veterans from Iraq and Afghanistan. We must do everything we can to properly care for these brave men and women and help them get timely access to care by fully funding veterans’ health care. I am committed to providing the funding the VA needs to care for those who have sacrificed for the rest of us.

      Traumatic brain injuries have been described by the Veterans of Foreign Wars as the “signature wound of this war.” Rather than addressing these problems, the Bush Administration is pretending they don’t exist. As president, I will increase the research and treatment of these injuries and the conditions that follow from them, including epilepsy, related seizures and other conditions that can cause disabilities. I will also increase funding for the VA’s prosthetics programs and polytrauma centers.

      As a nation, America did not give enough to veterans returning from the Vietnam War, leaving thousands without the care they desperately needed. We need to admit our mistakes and learn from them. As president, I will require that all service members returning to the U.S. or leaving the military be provided with a new “Homefront Redeployment Plan,” including post-traumatic stress disorder (PTSD) screenings, benefits information and seamless transfer of medical records.

      When the members of our armed services become veterans, we have to make sure the system doesn’t fail them. As president, I will create a new national chain of care to ensure that no veteran again falls through the cracks. Because many veterans receive treatment outside the VA system, this chain will coordinate treatment and benefits in outreach centers and clinics in every county where a veteran resides, both within and outside the VA network. I will also improve training for health personnel to recognize and treat PTSD, establish uniform standards for mental health care to address the wide range of quality of care, increase counseling resources within TRICARE and VA networks and permit access outside of the networks when necessary, and ensure that outreach is extended to family members who can help recognize symptoms. Caring for the newest generation of veterans must be accomplished without neglecting the continuing needs of veterans from previous generations.

   4. How would you improve the quality of health and rehabilitation services provided to Native Americans with disabilities? Do you support the reauthorization of the Indian Healthcare Act?
      Native Americans face unique health challenges: less access to health care, high rates of certain chronic conditions, and an infant mortality rate that is nearly 50 percent higher than the rate for white Americans. The U.S. government has an obligation to address these inequities and live up to its historic commitments to Native Americans.

      The first step is to adequately fund the Indian Health Service. While in the Senate, I voted for increased IHS funding. I also support the badly needed improvements in the Indian Health Care Improvement Act. To ensure that Indian health gets the attention it deserves, I support elevating the position of the Director of Indian Health Services to the Assistant Secretary for Indian Health. I have proposed increasing research on medical disparities and creating a new health unit within the U.S. Department of Justice to address discrimination in health care.

      As I said above, training to educate health care practitioners on best practices for treating people with disabilities is essential, and it is part of my plan to improve the quality of care for every American.

   5. How will you assure people with disabilities have fair access to Medicare Part D prescriptions?
      A recent report by the American Psychiatric Association (APA) documented that patients suffering from mental illnesses are unable to get the prescription drugs they need through Medicare Part D. That is unacceptable. The federal government should enforce rules preventing Medicare drug plans from switching patients to new drugs, which can upset months or years of work for patients and their health providers to find the right combination of specific medications.

      The federal government must ensure that Medicare Part D participants are able to access the prescriptions drug they need to maintain their health and independence.

      When I am president, I will rewrite the drug bill to put patients and people above drug companies and HMOs. I will clamp down on skyrocketing drug costs by empowering the government to negotiate better drug prices and allowing the safe reimportation of drugs from other countries. The Medicare prescription drug benefit is needlessly expensive due to giveaways to drug companies. Steps to reform the program should include addressing the “doughnut hole,” where many beneficiaries with high drugs costs find themselves without coverage.

   6. How will you address the inequities caused by the Medicare “homebound” rule?Medicare emphasis on institutional care, rather than home and community-based care, is out of date. Unreasonably narrow eligibility rules for in-home benefits fail to consider current medical technology, which have made it easier for people with disabilities or chronic health conditions to travel. Perverse Medicare rules may force people with serious disabilities to give up opportunities to leave home and have as normal a social experience as possible outside the house to maximize Medicare benefits.

      I will promote community-based care by fixing these unfair, outdated and bureaucratic rules that prevent Medicare beneficiaries from getting the things they need to live at home, such as wheelchairs. I support the Medicare Independent Living Act.

   7. Do you support ongoing Congressional efforts to ensure mental health parity in health insurance (S.558, H.R. 1367)?Yes, I believe mental illness and physical illness must get the same insurance coverage. I have long supported mental health parity legislation. I co-sponsored the Wellstone Mental Health Parity Act when I served in the Senate. Mental health parity must be a national priority. Under my plan to guarantee quality, affordable health care for all Americans, every plan in the regional Health Markets includes comprehensive benefits — including full mental health coverage.
4. LONG TERM SERVICES AND SUPPORTS
   1. How would you address America’s increasing need for home and community-based long-term services and supports (such as personal assistance services, respite care, and other supports)?Yes. I believe strongly in giving people with disabilities the choice of care in their communities. I cosponsored the predecessor to the Community Choice Act when I was in the Senate to offer personal attendant services though Medicaid. The Community Choice Act will help states comply with their Olmstead responsibilities.

      I have a longstanding commitment to the cause of supporting people with disabilities to live independently. I also supported the Long-Term Care Security Act of 2000 (HR 4040).

      1. Do you support the Community Choice Act of 2007 (S.799, H.R. 1621) and/or the Community Living Assistance Services and Supports Act of 2007 (CLASS Act of 2007)?

         I support providing choices for people with disabilities to live in the community and will support legislation that strengthens freedom of choice.

      2. What other steps would you take to help states implement the Olmstead v. L.C. Supreme Court decision and help address the institutional bias in the current Medicaid system?The Supreme Court’s Olmstead decision held that the ADA required states to offer services to individuals with disabilities in the most integrated, community-based setting possible. This was an important victory for disability rights. Unfortunately, states are still struggling to implement Olmstead. The federal government must help states by supporting the transition to communitybased services and offering technical assistance.

         I have proposed a “Living with Dignity” Initiative built on basic American principles: choice for families, the chance to get care in the home and community whenever possible, dignity and respect for both families and workers, and accountability for providers and the government.

         My Living with Dignity Initiative will fund state efforts to expand home care and reform the long-term care, including tax credits for long-term care, asset and income protection programs that prevent families from spending down their incomes, and experiments with long-term care insurance. I will also support the recruitment and retention of home care workers through better wages, training, and working conditions.

         In addition, my plan to guarantee quality, affordable health care for every American will also strengthen Medicaid’s support for long-term care and emphasize home- and community-based care to allow caregivers to keep their family members nearby.

   2. Will you propose integrating acute and long-term services by using integrated managed care principles?

      I believe that people with disabilities should be able to fully enjoy the benefits of living in a home of their choosing and in a community of their choosing. They should be able to have their primary and specialty health care needs met by a system that recognizes their desire for independence, inclusion and productivity. Arbitrary quirks in health care payment systems should not limit the settings and varieties of delivery systems for primary and acute care.

      Integrated managed care holds the promise of focusing on patient needs rather than reimbursement rules. When implemented correctly, the integration of acute and long term care can make it easier for people with disabilities to live independently.

      However, the risks are high because managed care providers have incentives to deny care. It would be wrong to rush to implement integrated managed care without waiting for thoughtful program design, which stresses effective safeguards, coordination of care, and evaluation. I believe this process requires the full participation of the disabilities community. I would support demonstration projects that are thoroughly evaluated, and include people with disabilities in both the design and the evaluation. Without adequate oversight, patients will end up worse off, and that is unacceptable.

   3. How will you address the shortage of community direct care attendants?Millions of people with disabilities rely on attendants to help them live and work in their communities. These workers assist people with disabilities with activities of daily living, medication administration, preparing and eating meals, getting to work, gaining life skills and handling other daily affairs.

      Demand for these workers is growing. Hundreds of thousands of people with disabilities are on waiting lists for services and the demand will grow 62 percent by 2010 as these Americans get older. Unfortunately, these positions have a high turnover rate each year because of poor wages and job demands, putting the quality of life for people with disabilities at risk. My Living with Dignity Initiative includes specific steps to attract, support and retain home health aides and attendants. These workers ought to be treated with the same dignity and respect that we ask them to give to their patients. As president, I will provide resources to improve wages, training, and working conditions for aides. I will also establish strong workplace safety regulations such as the ergonomics regulations discarded by President Bush.

   4. How will you address the lack of coordination between Medicare and Medicaid policies?Medicare and Medicaid were developed for different purposes, but neither focused on the needs of people with disabilities. Medicare offers the strength of allowing people the freedom to choose their providers. Medicaid offers an appealing list of benefits, although it is limited by inadequate reimbursement in some states. However, the interaction between the two programs creates inappropriate incentives.

      Medicaid provides long-term care but remains biased toward providing that care in institutional settings. Nursing home care remains a Medicaid entitlement, while people with disabilities who prefer home and community-based care are often put on a waiting list. As a result, low-income Americans with disabilities who are eligible for both Medicaid and Medicare tend to (1) have less choice in how they are treated and (2) receive their care in more restrictive – and more costly – settings than a more integrated system would permit. In addition, states don’t invest in treatment initiatives that would improve patient care for Medicare-eligible patients because the savings will disproportionately go to the federal Medicare program.

      Because Medicare and Medicaid operate on two different levels of government, it can be very difficult to synchronize reforms. But the task must start with strong federal leadership. As president, I will appoint an administrator of the Centers for Medicare and Medicaid Services who understands the needs of people with disabilities, and I will work to assure that both programs work to deliver the best possible care in the least restrictive setting.

5. HOUSING
   1. What would you do to increase the availability of affordable, accessible, integrated housing opportunities in the community for low and moderate income people with disabilities and their families?Integrating people with disabilities into every part of society is the only way to guarantee equal access to all of the opportunities of society. It is also the morally right choice for society to make. Housing policy is central to this effort because integrating people with disabilities must start with where they live.

      As I said above, a portion of the one million new Section 8 housing vouchers will serve people with disabilities – increasing greater integrated housing opportunities for people with disabilities, particularly those leaving institutional care. At least 5,000 of these vouchers over five years should be dedicated to people with disabilities making the transition from institutional care to independent living. I will direct HUD to ensure compliance with accessibility requirements that local housing authorities publish a list of accessible units. I will also expand outreach and education efforts to ensure that eligible Americans with disabilities know how to apply for vouchers.

      We must also reform Section 811 housing – the segregated housing program for people with disabilities – to move toward more affordable, more accessible, integrated housing. In addition to ensuring affordable housing, the federal government has to do more to ensure that housing that receives federal funding – including tax credit financing – is accessible. We need to work to remove the obstacles that people with disabilities face when they go to visit their friends and family.

      Finally, as I said above, I want to expand home ownership and home rental opportunities within the disability community.

   2. How will you assure the vigorous implementation of all Fair Housing Laws?Vigorous implementation of Fair Housing laws starts with appointing officials committed to protecting the civil rights of every American. The next step is providing sufficient resources for effective enforcement. It continues by nominating judges who are committed to protecting the civil rights of regular Americans. Judge Alito’s Fair Housing decisions, for example, show the damage that the judiciary can do.

      The last and most important step is leadership. As president, I will direct the Secretary of Housing and Urban Development (HUD) to make the enforcement of Section 504 a priority alongside the Fair Housing Act.

      There is so much more HUD can do: ensure that housing built with federal low-income housing tax credits complies with accessibility requirements, actually follow up on the findings of the groundbreaking “Discrimination against Persons with Disabilities: Barriers at Every Step” HUD study; and study the effect of increased federal grants to faith-based organizations. As a very first step, I would ask my HUD Secretary to explain how HUD has implemented the 2001recommendations of the National Council on Disabilities and justify its reasoning for anyrecommendations it has ignored.

   3. How will you assure that HUD implements programs that will assist states in complying with the Olmstead decision?
      Ensuring compliance with the Olmstead decision must be a central part of HUD’s ongoing civil rights work. Moving people with disabilities from institutional care to less restrictive settings is now the law of the land. Yet hundreds of thousands, if not millions, of Americans continue to live in congregate care settings because accessible and affordable home-based care and housing are not available. HUD needs to play a major role in ensuring that the legal standard is reflected in the real world.

      First, HUD’s civil rights and compliance staff should ensure that their state agency counterparts are communicating with health services agencies to make them aware of their Olmstead obligations.

      Second, as our country’s primary housing agency, HUD – working together with state and local agencies must ensure the availability of affordable and accessible so that the Olmstead holding is not an empty promise. Today, multi-year waiting lists are a barrier to achieving the vision of Olmstead.

      Third, to help ensure an adequate supply of appropriate housing, I will target a minimum of 5,000 housing vouchers over five years to help individuals move from institutional care to independent living and take the other steps described above to increase the supply of affordable and accessible housing.

      Fourth, I will help local housing authorities to work with disabilities groups, aging organizations and Medicaid programs to ensure that individuals in their communities have the opportunity to live in the most integrated setting possible.

6. TRANSPORTATION
   1. What would you do to expand access to affordable, accessible transportation for people with disabilities, especially in rural areas?Accessible transportation is a critical component of increased work opportunities for people with disabilities. For most jobs, you cannot work if you cannot get from your house to the job site. Only 69 percent of people with disabilities have a way to get to a job.

      Funding and enforcement of transportation access requirements will be central to the mission of the Department of Transportation. In addition, HUD funding for accessible local transportation and DOJ enforcement of the ADA are critical components to ensure local transportation that is fully accessible for people with disabilities. As a strong supporter of mass transit, I believe we must invest in providing more mass transit and ensuring that it is accessible to people with disabilities and meets their needs, such as “kneeling” buses that make it easier to board. I support increasing federal funding for nonprofit groups to meet the transportation needs of people with disabilities when public mass transit is not available.

      Things that sound little can be very important to ensuring accessibility. Clearing snow, removing standing water, providing shelter from wind and rain can make the difference between a bus or train stop that is accessible and one that is not. Train systems should have worker training to provide assistance across gaps between train cars and stations, with appropriate universal signage. The federal government has the power through Section 504 to ensure these efforts are made. It should use it.

      In addition to mass transit, the Justice Department can also enforce accessibility requirements for taxis and other common carriers. And common sense will ensure security needs are managed with dignity for people with disabilities — the Transportation Safety Administration should use uniform, reasonable screening for people with disabilities that do not cause unnecessary pain, discomfort or delay in air travel.

      Beyond mass transit, which is often not a viable solution in rural America, we can do more to support mobility for drivers with disabilities. Electronic toll collection passes (e.g., EZ-PASS) make toll-paying much safer for individuals who rely on hand controls to operate their vehicles. They are more a necessity than a convenience. I would require states to waive fees for the passes for low-income people with disabilities.

      Hurricane Katrina highlighted that the need for reliable, affordable, accessible transportation is not limited to accomplishing everyday life and work functions. It can be – and – was the difference between life and death for hundreds of people in New Orleans and the Gulf Coat. People with disabilities were disproportionately affected – such as those who died in the hurricane and its aftermath or who were stranded in the Superdome because their needs were often overlooked or completely disregarded. Our emergency preparedness planning absolutely must do a better job of reflecting the needs of people with disabilities.

7. EDUCATION
   1. How would you ensure that students with disabilities are included within and accommodated as part of the accountability measures of No Child Left Behind?One of the benefits of No Child Left Behind is that all students are included within a school’s accountability system. Special education is a part of general education. Holding schools accountable for their success at teaching children – including children with disabilities – will help us strengthen our schools. As president, I will make sure the Department of Education focuses on the need to treat children with disabilities inclusively within the No Child Left Behind accountability framework. However, much of the No Child Left Behind Act needs to be improved. The accountability provisions of No Child Left Behind need to be overhauled. They are often illogical and arbitrary, and they have damaging effects in the classroom. And we need higher quality assessments to more accurately measure all students’ learning.

      I support more research, technical assistance, and professional development about what constitutes valid and reliable assessments for the full range of students with disabilities.

   2. Do you support full federal funding for the Individuals with Disabilities Education Act (IDEA)?For more than a quarter-century, the federal government has rightly insisted that every child with special needs receive a free and appropriate public education. However, it has failed to provide even half of its share of the cost, placing excessive burdens on local school budgets and undermining efforts to provide an excellent education to all children. I have repeatedly voted to fully fund special education and to make the funding mandatory. As president, I will continue to support full funding for the education of children with disabilities.
   3. What ideas do you have for strengthening federal enforcement of IDEA?As president, I will strengthen enforcement by the Department of Education so children with disabilities receive the free, appropriate education they deserve and are legally entitled to. The first principles are the same as with Fair Housing – appointing strong enforcement officials, nominating fair judges, providing adequate resources and exercising leadership to make enforcement a priority.

      A strong partnership between the Departments of Education and Justice is key, and I will seek the most qualified people with disabilities to fill leadership positions at both agencies. Sharing data between the two departments will permit faster response to complaints and better evaluation of individual education plans. Full funding will assist IDEA enforcement in both the DOE and DOJ. My administration will draw upon the experience of educators, administrators and advocates who have successfully implemented IDEA programs as models for other states and communities to follow.

      At the same time, I oppose Republican efforts to roll back key provisions of the IDEA. Whether it is denying access to attorneys by putting artificial caps on fees or stripping children with disabilities of civil rights, we must stop rollbacks of IDEA.

   4. What ideas do you have for increasing the high school graduation rate of students served by IDEA?We must address the higher dropout rates and lower college enrollment rates for students with disabilities. The starting place must be fully funding IDEA.

      Providing Individualized Education Program when requested, with meaningful complaint opportunities for parents who cannot obtain one, or negotiate a meaningful one, will help keep children with disabilities in school and help them graduate.

      For students with disabilities, planning for the transition from school to adult life must start early. I will make sure that the Department of Education works with states to put effective and accountable transition planning into place.

      Many dropouts realize dropping out was a mistake. America is about second chances, so I don’t see why we shouldn’t have “second-chance schools” to lift up former dropouts, offering them one-on-one attention and a chance to earn a diploma at night or at a local community college. In addition, my Breaking Down Barriers initiative will help high school and college students with disabilities find internships, so they can experience the working world and be encouraged to stay in school. This initiative will also provide them valuable skills and contacts for finding a job after graduation, helping them on the path towards success and self-sufficiency.

   5. How would you improve services for students transitioning from school to employment? From high school to higher education?The challenges of helping young people with disabilities matriculate to college and get their first job are equaled only by the reward for society of integrating them into the workplace. There is so much we can do – so much we must do – to help students make these transitions successfully.

      Too many students lack the encouragement and guidance they need to apply to college. The challenges are even greater for students with disabilities. In some large cities, a single counselor must serve more than 700 students. I will help every low-income high school eligible for Title I hire a new college counselor, helping students choose college-track courses and navigate the admissions and financial aid process.

      As president, I will support vocational rehabilitation programs and the expansion of employment-based settings for federally-funded job education.

      I also believe the work-study experience that my Breaking Down Barriers initiative will offer to young people with disabilities will help many make the transition from school to work.

8. TECHNOLOGY AND TELECOMMUNICATIONS
   1. Do you support legislative measures to require that Internet technologies be made accessible to and usable by people with disabilities?I believe that as the internet becomes ubiquitous, it must become more inclusive. Just as we made sure that now old-fashioned copper-wire telephone service was accessible, we must do the same with new technologies that have the same importance. I would support legislation to achieve that goal. The 2006 National Council on Disability report is an excellent starting place.

      Because the technology is changing so quickly, as president, in my first year in office, I will convene a task force with significant representation from the disabilities community to rapidly update the 2006 report and make legislative recommendations for my administration to ensure that internet and IP-based services are accessible. Key areas will include accessibility for Voice Over Internet service, instant messaging, and captioning for internet television.

      Aside from legislation, my campaign is committed to making our web site and internet video transmissions accessible. We have already taken several steps to do so.

   2. What measures would you propose to ensure that consumer electronic and telecommunications devices are accessible to and usable by persons with disabilities?I support updating telecommunications policy to ensure that new applications like internet-based telephone service and video services are made accessible. We should update the original Communications Act to make sure that as the internet replaces older telephone systems, access for people with disabilities remains guaranteed.
   3. How would you ensure enforcement of Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act?
      Congress enacted Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act to make sure that the federal government uses both its procurement policy and its law enforcement power to make information technology and software as accessible as possible. But these laws can’t just sit on the books. We must enforce them.

      As with Fair Housing, effective law enforcement depends upon able staff appointments, a fair judiciary, adequate resources and strong leadership. I am committed to appointing enforcement officials and nominating judges who are committing to protecting the civil rights of all Americans.

      I will communicate clearly that enforcement of laws that ensure accessibility to essential life activities and means of commerce will be a priority in my administration. And I will provide the funding necessary for the Justice Department and the FCC to make sure that the federal government is using its purchasing power and enforcement ability to achieve the goals of more accessible technology for all Americans with disabilities. I will also ensure adequate training for DOJ and FCC employees to implement these laws and rely upon ongoing dialogue with the disabilities community to determine technology access needs and implement suggestions for greater universal access.

   4. Would you support restoration of full funding for the Technology-related Assistance for Individuals with Disabilities Act programs?

      Yes. Strong federal leadership is essential in order to close the growing digital divide between people with and without disabilities. Federal support for state programs leverages additional public and private support. Advancements and distribution of assistive technology opens doors of opportunity for people with disabilities and older Americans.

9. VOTING
   1. What steps would you take as President to ensure that voters with disabilities are able to vote privately and independently, consistent with the requirements of the Help America Vote Act (HAVA)?America must do much more to guarantee every citizen a meaningful right to vote. Denying Americans with disabilities the right to vote privately and independently is inconsistent with our nation’s most fundamental values.

      I will help every precinct provide enough trained poll workers and secure voting machines that are physically accessible to all. I do not believe that touch-screen machines without paper ballots can guarantee voting integrity. Touch-screen voting machines that also record votes on verifiable paper ballots may satisfy my concerns about both integrity and access. Voting systems must also protect ballot privacy for people with disabilities.

      Voting rights is an example of an area where the disability community provides the best information about which ballot systems work best. My administration would have an ongoing dialogue with the community to ensure meaningful disability voting rights protections, including real-time election day enforcement.

      I also support election day registration, which would increase voter turnout while ending the fiasco of provisional ballots, purge lists and bad-faith suppression of voter registration drives.

   2. Would you require the Census Bureau, in its surveys of people with disabilities, to ask questions regarding whether the respondents are registered to vote and whether they voted in the last election?It is not good enough for government to just mandate accessibility standards for voting machines. We must follow up and measure whether, in fact, the standards are working. Are people with disabilities able to participate fully in our democracy?

      As president, I will ask relevant government agencies, including the National Council on Disabilities and representatives of the disabilities community to determine the best ways to measure whether accessibility standards are working. These ways may include use of the census, as well as other means.

      In addition, I support using the ADA definition of disabilities in the decennial census. Because so many public and private programs rely on the ADA definition for assessing needs, it makes sense that we obtain national, state and local data based on the same definition.

10. CIVIL RIGHTS
    1. Of the existing members of the U.S. Supreme Court, which justices do you consider models for the kinds of federal judges you would appoint if elected president?I am committed to nominating judges at all levels who are committing to protecting the civil and constitutional rights of all Americans. Among current Justices on the Supreme Court, I particularly admire Ruth Bader Ginsburg and Stephen Breyer.
    2. Do you support an ADA Restoration Act, such as the bill introduced in the last Congress?Yes. I have long supported measures to restore protections for people with disabilities that the courts have eliminated through narrow legal interpretation. We must ensure that the ADA remains consistent with Congress’ original intent and restore civil rights protections to people with epilepsy, depression, diabetes, cancer and other conditions. As president I will support legislation to accomplish this goal.
    3. What steps will you take to protect the diminishment of the civil rights protections under the ADA?
       The Americans with Disabilities Act must live up to its broad goal of achieving equal opportunities and breaking down barriers for people with disabilities. Fair treatment of people with disabilities is civil rights issue, and it must be a priority. As president I will support measures to help people with disabilities achieve full integration in society.

       We need to ensure the ADA is applied and interpreted consistently with its original intent – not weaken it. That is why I have opposed attempts to weaken the ADA like the ADA Notification Act, which tried to put unnecessary procedural barriers in the way of individuals enforcing their civil rights.

11. INTERNATIONAL HUMAN RIGHTS
    1. Do you support U.S. ratification of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocal?

       Yes. The failure of the United States to ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol is inexcusable. Once the leader in civil rights for persons with disabilities, the U.S. failure has been a step backwards for the American Disability Rights movement.

       I support ratification of the Convention and its Optional Protocol. This is a first step in committing America to its implementation in areas of the world where our technical knowledge on how to create integrated living, educational and health care access will create opportunity for persons with disabilities. For example, the United States has been a leader in implementing assistive technology. We should be sharing our knowledge with the world. Embracing the Convention and showing leadership in its implementation can help restore America’s image in the world as a leader in the advancement of human rights.

Reposted with permission.