Major Disability Related Issues for 2007

Assistive Technology/Information Technology Task Force Completes Its Work. Click to read the Final Report of the AT/IT Task Force, including recommendations that will drive future activities of the IATP. 

Major Disability Related Issues for 2005

Idaho Disability Act

A task force, spearheaded by the State Independent Living Council and the ADA Task Force, with members drawn from disability organizations, the state legislature, state government, the Governor’s office, and other interested parties, seek to restore the intent and vision of the Americans with Disabilities Act by prohibiting discrimination on the basis of disabilities in Idaho. The task force goal is to strengthen the Idaho Human Rights Act by including language that would more fully protect the civil rights of Idahoans with disabilities.

Medicaid Buy-In

A major barrier to Idahoans with disabilities wanting to work is the fear of losing their Medicaid benefits. The Medicaid Buy-in program was addressed during the 2004 legislative session in SB 1445. Section 8 of the bill states: “It is the intent of the Idaho Legislature that the Department of Health and Welfare begin the Medicaid Buy-in program in fiscal year 2005 with existing financial resources.” Twice the JFAC (Joint Finance Appropriations Committee) considered the legislation, but funding for the program was ultimately defeated by one vote. The State Independent Living Council will again lead efforts to convince lawmakers to appropriate funds ($400,000) for this important program.

Project Vote!

Increasing the Participation of Idahoans with Disabilities in the Electoral Process

The Help America Vote Act (HAVA) of 2002 was passed by Congress and signed by President Bush to help states and counties improve the election process throughout the country. The law requires the establishment of a statewide voter registration system, increased voter education programs and poll worker training, increased access for individuals with disabilities to the polls and encourages updating of election systems and equipment in the counties. Along with these mandates, the federal government has provided funds to states to help accomplish these changes.

In response to this new federal legislation, the State of Idaho developed a state plan in order to ensure its compliance with HAVA. In part, Idaho’s state plan states, “By 2006, voting systems in Federal Elections must provide voters the ability to review their ballot, be able to produce a permanent paper record with a manual audit capacity, provide accessibility for voters with disabilities, and must not exceed specified error rates.”

In 2004, a team from the Idaho Council on Development Disabilities was selected to receive training sponsored by the Administration on Developmental Disabilities and the Kennedy Foundation. This resulted in a new initiative called Project VOTE. The purpose of Project VOTE is to increase the abilities of individuals with disabilities to:

• Participate in voting.
• Learn about issues that affect their lives.
• Pick the issues and the candidates they believe in.
• Get the support and accommodations they need to register/cast a ballot.

In addition to the work being done by the Project Vote Team, the Idaho Task Force on the Americans with Disabilities Act (ADA), in conjunction with the Secretary of State, has conducted training for county clerks. This training included a check list to assist local officials in assessing polling places for accessibility. More recently, the ADA Task Force also has acquired two sets of posters, ½ dealing with sign language and ½ outlining 10 steps to polling place accessibility that can be used to augment that checklist information.

The Idaho Assistive Technology Project is and will continue to be involved with the acquisition and use of accessible voting technology. By January 1, 2006, every polling place in the nation must have accessible voting technology available to voters with disabilities. The IATP will be providing training and technical assistance to county clerks and polling place workers related to the use of accessible voting technologies as the equipment is purchased by the state.

Position Paper
Consortium for Idahoans with Disabilities
Alternative Financing Program for Assistive Technology
2004 Legislative Session

The Consortium for Idahoans with Disabilities (CID) is a coalition of over 30 Idaho agencies and organizations concerned with issues affecting people with disabilities. CID recognizes that assistive technology plays a critical role in assisting individuals with disabilities to be more independent and productive. Assistive technology includes such items as reachers, walkers, adaptive computer hardware and software, wheelchairs, electronic communication systems, wheelchair ramps, and thousands of other commercially available products. One of the greatest obstacles faced by persons with disabilities who need to purchase assistive technology (AT) is finding a way to pay for this equipment.

In response to the need for AT funding, the Idaho Assistive Technology Project (IATP) at the University of Idaho established in 1994 an alternative financing (loan) program for the purchase of assistive technology for the benefit of persons with disabilities in the State of Idaho. This program is collaboration between the IATP, Zions First National Bank, KeyBank of Idaho, and the Idaho Community Foundation. The Loan Program offers individuals with disabilities and their families low interest rates on loans for assistive technology and the option of securing a loan guarantee or a principle buy-down arrangement. Since 1994, the loan program has made loans totaling nearly $700,000 to 200 Idahoans with disabilities for the purchase of assistive technology.

This is an extremely important program because historically most persons with disabilities have not qualified for conventional bank loans to purchase needed technology, largely because these individuals may have high medical expenses and low to middle incomes. Additionally, providing low interest loans for assistive technology holds the promise of significantly lessening the burden of state agencies, in particular, in Medicaid, vocational rehabilitation, and special education programs; because it provides an attractive financing option that is quick, offers a wide variety of financing options, and does not require a lot of paperwork.

This is exactly why President Bush strongly supports these assistive technology loan programs. In his New Freedom Initiative, the President encourages states, “to establish or maintain alternative funding projects to increase access to assistive technology (AT) for individuals with disabilities.” Additionally, Governor Kempthorne and his Blue Ribbon Task Force strongly support any effort to establish a permanent assistive technology loan program in our state. The Task Force has already presented Governor Kempthorne with a formal recommendation that calls for Idaho to establish a permanent assistive technology loan program.

The IATP used a portion of its FY 94 and FY 95 federal funding to start the loan program. These same federal funds have been used to operate the loan program for the past nine years, however, because of significant decreases in its federal assistance, the IATP can no longer afford to maintain the loan program without assistance from the state.

CID recognizes the fiscal situation the Legislature will face in the coming year and beyond. However, if the state wants to slow the rapid increase in the cost of Medicaid and other entitlement programs, it must begin to provide alternatives.

If the Legislature funds this critical program, the IATP will continue to operate the assistive technology loan program. In this capacity, the IATP will continue to contribute a portion of its federal funding to the loan program. The IATP will also continue to administer the program. The Idaho Community Foundation and both banks will also contribute administrative and other material support to the loan program.

CID urges the Idaho Legislature to appropriate sufficient funds to maintain the ongoing operation of the IATP’s alternative financing (loan) program for assistive technology. CID recommends an annual appropriation of $75,000 from the state general fund to support this critical program.

Position Paper
Consortium for Idahoans with Disabilities
Accessible Information Technology Act of 2004

The Consortium for Idahoans with Disabilities or CID is a coalition of over 30 Idaho agencies and organizations concerned with issues affecting people with disabilities. The CID recognizes the important role assistive and information technologies can play in increasing the independence and productivity of Idahoan’s with disabilities, and therefore, strongly encourages the Idaho Legislature to approve the Accessible Information Technology Act of 2004. The purpose of this legislation is to create more opportunities for Idahoan’s with disabilities to fully participate in the information age.

For too long, persons with disabilities have been left on the wrong side of the digital divide. Passage of this important legislation will ensure that state employees with disabilities will have the same access to information technologies as state employees who are not disabled. For example, when the state purchases a computer, this legislation requires that the computer must meet accessible standards. This does not mean that every computer must be accessible to persons with disabilities, but rather, each piece of equipment purchased by the state must possess the capacity to be made accessible if needed. The second provision of the proposed bill will mandate that over time, information systems funded with state dollars, e.g., state government web sites, information kiosks, etc., will be made accessible to all Idahoans’ with disabilities. This will ensure that all Idahoans’ with disabilities seeking information from state agencies will have the same access as nondisabled citizens.

Background: The Digital Divide

The “digital divide" refers to the gap between those who can effectively use new information and communication technologies, such as the Internet and email, and those who cannot. While a consensus does not exist on the extent of the divide (and whether the divide is growing or narrowing), researchers are nearly unanimous in acknowledging that some sort of divide exists at this point in time (Source: Falling Through the Net, 2000).

For persons with disabilities, the digital divide is severe. According to the National Council on Disability, computers and the Internet are used by a significant number of people with disabilities in America. But because the Internet environment is inaccessible, it is difficult to count the number of people with disabilities who would like to participate but cannot because of the barriers to access. The transformation of the Internet from a text-based medium to a robust multimedia environment has created this digital divide. Previously, people with visual disabilities were able to access the Internet with their screen readers audibly reading aloud the text on a web page. Today, graphical web pages are a barrier if they do not incorporate accessible web design.

But the impact is not limited to people with visual and mobility disabilities. People with specific learning disabilities are also finding that they can no longer access web pages audibly with screen readers. Even people with cognitive disabilities are becoming lost due to the absence of navigation elements at web sites. Moreover, people with hearing disabilities cannot access the content of audio streaming and video clips posted on the Internet due to the absence of captioning. The digital divide in web page transactions and the Internet environment has bred a host of additional problems for people with disabilities.

President Bush has made eliminating the digital divide for Americans with disabilities a cornerstone of his New Freedom Initiative. According to the President, “Assistive and universally designed technologies can be a powerful tool for millions of Americans with disabilities, dramatically improving one’s quality of life and ability to engage in productive work.” The Administration’s commitment to increase access to assistive and universally designed technologies is based upon the principle that every American must have the opportunity to participate fully in society. In the global new economy, America must draw on the talents and creativity of all its citizens.

AT Policies in Idaho

Help America Vote Act, State of Idaho
HHS Recommendations
2003 Legislative Report

Policy Changes in Idaho Code

House Bill 557: Council on Developmental Disabilities Amendments. The IATP participated with the Idaho State Council on Developmental Disabilities to gain approval for House Bill 557 which amends and repeals existing law to revise the membership, powers, duties and authorities of the Developmental Disabilities Council. This bill is designed to bring Idaho into compliance with the federal developmental disability legislation and includes provisions related to assistive technology which exceed the federal legislation.

House Bill 577 and House Bill 579: Child Custody/Adoption for Parents with Disabilities. The IATP has been involved with the Committee for Father and Mothers Living Independently with their Youth (FAMILY) for three years. The Committee was established by the State Independent Living Council and is composed of legislators, state agency representatives, advocates, Grandparents as Parents, the IATP, and other interested parties. The mission of the Committee was to address the unique needs of families in which one or both parent has a disability. The result of this work was the development and introduction of two pieces of legislation in 2000 and 2001. These bills removed discriminatory language from Idaho Code related to parents with disabilities and included provisions related to the application of assistive technology devices and services for families in which one or both parents has a disability. Both bills passed in 2002 and another bill is pending.

House Bill 531: Telecommunication Equipment. Authorized the Telecommunication Relay Services Fund to be used for the procurement of specialized telecommunication equipment through the Idaho Department of Health and Welfare. Held in committee.

House Bill 629: Death Penalty for People with Mental Retardation. Adds to existing law to prohibit the imposition of the death penalty upon a persons with mental retardation. Held in committee.

Senate Bill 1320: Accessible Parking. Bill will increase the availability of designated accessible parking places for those who are qualify to use them. Bill was held in committee.

Policy Changes in Rules

Revisions to Education Technology Policies. The IATP finally gained approval from the Idaho Board of Education for changes to the state plan which governs the purchase and use of educational technology in Idaho schools. School districts must now include students with disabilities in their annual technology plans and state department must make internal procedural changes to comply.

State Information Technology Policies. The IATP provided technical assistance to the Information Technology Resource Management Council concerning Section 508 and the Americans with Disabilities Act. The Council is developing a set of state guidelines governing the planning for, purchasing of and use of information and telecommunication technology in state government.

Participation in OSER’s visit. Through its representation on the state’s Special Education Advisory Panel, the IATP was involved in the recent federal review of Idaho’s special education program. The IATP was involved with the state’s self-assessment, participated in one of the task forces convened to address areas of improvement, and participated in developing the plans to address these areas of concern.

Home and Community Based Wavier Application. The IATP provided technical assistance to Medicaid policy makers preparing Idaho’s application to the federal government to continue the operation of the Medicaid waiver program for persons with developmental disabilities. This waiver includes AT and related services.

Participate on a Regional Advisory Panel. The IATP was asked and accepted an invitation to sit on the North West Disability Business and Technical Assistance Center’s Regional Advisory Panel. This Panel will provide guidance to the NWDAC concerning strategies for increasing the accessibility of information technology in the northwest region of the U.S.

Participate with the Consortium for Idaho’s with Disabilities. The IATP continues to be involved with the Idaho Consortium for Idaho’s with Disabilities and is now helping to sponsor a monthly compressed video meeting which allows individuals in north Idaho to participate in the Consortium’s monthly meetings.