Achieving Testing Fairness for Students with Disabilities

Right now the Senate Committee on Health, Education, Labor, and Pensions, the HELP Committee, is working on a new education bill Every Child Ready for College or Career Act of 2015 (ECRCCA), amending the Elementary and Secondary Education Act (ESEA).
It deals with all the education programs that the federal government supports for students in kindergarten through twelfth grade. In the media standardized tests and their consequences have received much attention. I think one thing that would help is making effective accommodations available to students with disabilities when they take these tests. Of course, educators need to know about them.  Why not a web-based repository where educators could find out about effective accommodations? Here's text I drafted. I shared it with the HELP Committee and disability advocates.

Section (    )  Web-Based Repository for Accommodations in Testing Situations for Students with Disabilities

a. Purpose. Through a grant, contract, or other means the Secretary of Education is authorized to award funds on a competitive basis to an entity for the design, development, implementation and maintenance of a website that contains policies and procedures that prevent a student’s disability from being a barrier to his or her demonstration of knowledge or its application through a test.

b. Scope. The website will provide information about how to provide accommodation to students with disabilities in K-12 in testing situations.

c. Nature of data maintained on the website. Information on the website will be gathered from LEAs and SEAs that have promoted and implemented robust testing accommodation programs for students with disabilities. At a minimum these data will provide information about the following–

1. Policies and procedures about how testing accommodation for the individual student with a disability were –

i. allowed (e.g., any test, standardized tests only)

ii. determined,

iii. approved,

iiii. provided, 

v. evaluated, and

vi. reported;

2. Examples of the procedures used in testing accommodation situations for students with the full range of accommodation needs – 

i. Environmental adjustments, such as – 

I. change in location of testing,

II. change in lighting,

III. change in testing table,

IIII. use of low tech aides (e.g., taping of test to desk),

V. allow another individual to turn pages;

ii. Format modifications, such as – 

I. change print,

II. allow reader,

III. allow recorder,

IIII. allow cueing;

iii. Performance adjustments, such as – 

I. allow student to show how rather than write how he or she would do something,

II. allow the student to use a writer or dictation to record the student’s answer;

iiii. Pacing  flexibility, such as – 

I. change in length of time to take a test,

II. allow multi-day completion

III. allow break(s) when taking test,

IIII. provide prompts related to test segments.  

3. Notification. How are teachers, parents, and students made aware of the availability of accommodation during testing?

4. Stakeholder involvement. How were educators, other relevant professionals, parents, and students involved in the design, development,  implementation, and evaluation of the accommodation in testing program?

d.    Authorization of appropriations.  Such sums as necessary shall be authorized to.be appropriated for fiscal years 2016, ....

Feel free to share my suggestion with your friends and Senators.

Thank you.

Common Grounder

U.S. Standing on Disability Rights on the International Stage -- How about an Amendment to Section 504?

Sometimes when an idea pops in my head that is so clear and simple, I rush to share it. The Americans with Disability Act does not apply to the federal government, but section 504 of the Rehabilitation does. So if we amended section 504 by deleting the phrase “in the United States” from section 504 (a), all federal financial assistance spent overseas could not discriminate against individuals with disabilities on the basis of disability. Take a look.

[Section 504 of the Rehabilitation Act (Title 29 › Chapter 16 › Subchapter V › § 794)]

(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service….

This change in section 504 would mean qualified individuals with disabilities overseas would have the opportunity to participate in or benefit from U.S funded programs, services, or other benefits, conducted directly by the U.S. or through others, in a wide range of areas such as education, health, housing, transportation, and disaster preparedness or recovery. For example, if this amendment were enacted, when the U.S. government gave money to a foreign government or nongovernmental agency to build a school, the school would need to be accessible to individuals with disabilities.

As we know most Republican Senators opposed the ratification of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) in the 112^th and 113^th Congresses. However, we also know, most expressed support for people with disabilities, described the Americans with Disabilities as the gold standard, and endorsed bi-lateral international agreements on disability-related initiatives. If they would consider the extension of section 504 to international platforms, this would be consistent with previous Republican statements. Democrats would support the intent. A bi-partisan window of collaboration would be opened. An exciting idea I think.

In March I am heading to Istanbul to provide a little history on U.S. disability laws. Many countries are challenged and struggling with responding to the CRPD. Countries recognize and welcome U.S. technical assistance. If this amendment to section 504 were enacted, U.S. companies, especially those that manufacture assistive technology, more quickly would see expanded market opportunities. The U.S. standing on disability rights would have a new shot of credibility.  The Obama administration would have the obligation and incentive to be proactive and concrete in ensuring that federal agencies, especially the Department of State and U.S. AID, focus on, promote, and monitor this change in law.

Let the Senate Committee on Health, Education, Labor and Pensions know what you think. It’s time to get engaged with the new Congress and reaffirm our sustained interest in the international arena.

Thank you.

Common Grounder

Senate 101: The Congressional Calendar and Committees' Responsibilities

Yesterday I wrote about how to prepare an effective message for your Senator. I said that if it were an effective message it would not be discarded or ignored. What I did not address is the question of whether it would be used when you send it. Time is a most precious commodity to senators and their staff. They spend time on an issue when action on that issue is eminent. So if you send a message to a senator when action on that issue is eminent, somebody will deal with your communication at that point in time and use it. Your value to the senator and senator's staff will go up.

If you send a message to a senator when action on that issue is not going to happen for sometime, your message will be saved but shelved. You can only hope that when it is relevant it will be retrieved. Or put another way, somebody will remember that it was shelved and know how to find it.

This means you should keep track of what's going on in committees that are important to you, pay attention to communications you receive from associations to which you belong, visit committee websites, and follow activities of your senator in the newspaper, on TV, and through social media. All of these things will help you determine if action on an issue, that is near and dear to your heart, is eminent.

Developing a basic understandings of the Congressional calendar and the differing roles of Senate committees will also help.

In any year the first committees to take action are the Senate and House Budget Committees. The Senate and the House must complete their work and agree on a budget resolution by April 15. Budget committees with the help of the Congressional Budget Office review the president's budget proposal (released at the end of January or early February) for the next fiscal year (which begins on October 1), hold hearings, draft budget resolutions, vote on them, hold a conference to reach agreement on differences between the two versions, and then both vote on a final budget resolution. 

This resolution does not go to the president. It is for use by the Congress, especially the appropriations committees. The final budget resolution sets targets on how much money should be appropriated for federal agencies, not specific programs within agencies. The budget resolution may also include recommendations related to changes in tax policy and changes in entitlement spending (such as programs covered under the Social Security Act -- Medicare, Medicaid, SSI, SSDI, and OASI). 

There is no requirement that Congress must agree to a budget resolution. In fact, we did have resolutions in 2011 through 2013. 

Individuals tend not to focus on budget resolutions. The leadership on the appropriations committees do. They want to know what the limits are on what they get to work with.

The next committee to swing into gear is the Appropriations Committee. There is one in the House and one in the Senate. Each has 12 subcommittees responsible for specific federal agencies. As a result, we have six real chances to influence what is ultimately appropriated for programs we care about -- one chance each at the subcommittee level in the Senate and the House, one chance each at the full committee level in the Senate and the House, and one chance each when an appropriations bill goes to the floor of the Senate and the House. The last chance is when House and Senate conferees are negotiating, trying to come up with the final version, they both would pass. 

Appropriations subcommittees are powerful because they decide exactly how much money each federal program will receive come October 1. Ideally, the appropriations committees are to finish their work by May or June. However, appropriations work is seldom finished for all federal agencies by October 1. When all work is not finished the Senate and House put together omnibus appropriations bills that throw in all the unfinished appropriations work. All kinds of crazy things can happen then. Appropriations chairmen have tremendous power. The public seldom knows what the result is until it's a done deal. 

The implication for you and me is that we should send our messages to key Senators early and often, so what we want in funding for programs makes it into bills, amendments to bills, and final versions of appropriations legislation whenever that happens. Provisions that get in early tend to stay in.

A third type of committee is an authorizing committee. By my count there are 13, although there are five additional committees in the Senate designated as special, select, or other (https://www.senate.gov/pagelayout/reference/e_one_section_no_teasers/org_chart.htm).

 Authorizing committees are under no obligation to take action within a certain time frame. Their job is to create new programs that meet a need, continue established programs, most often with amendments, when they expire, and oversee how programs are doing. Many well known programs like the EPA (1978), No Child Left Behind Act (2007), and the Developmental Disabilities Assistance and Bill of Rights Act (2000) have expired and should be reauthorized. These programs are well known and in some quarters well-liked, so it is highly unlikely that a member of Congress would object to them receiving funding even though their authorizations have expired. Although, such a move could happen, if a Senator did not like a program. All the Senator would need to do is raise a point of order when the appropriation for the program, which has expired, comes up.

From a timing perspective, authorizing committees want to finish their legislative work before appropriations decisions about relevant programs have been made. So, although hearings and drafting of legislation related to authorizing committees' work could occur at any time, we tend to see these activities in the spring and early summer. Like most other committees, authorizing committees have subcommittees. We have multiple opportunities in both houses to influence legislation being considered at the subcommittee level, full committee level, on the floor, and during conference between the houses.

Now you have a snapshot about when to send your message and to whom. All things being equal, here's a a summary.

Send your message to the budget committees now saying how great the programs you care about are -- kind of a shout out.

Send your message to the appropriate appropriation subcommittees in March.

Send your message to authorizing committees as soon as you get a whiff of a hearing. Or, if you want to see some action that is not likely, write now and raise it.

Good luck.

Common Grounder

Senate 101: How to Make Your Message Pay Off

I’ve come up with the “Message Index” or MI. It’s based on 100 points. It’s the way I measure messages I write to elected officials. You may want to use it to assess your own messages when you’re writing to Senators about issues.

• Ideally, before you write a letter, you have established a relationship with somebody in the Senator’s office. If so, you may refer to that person right up front in your letter to the Senator or you may write write directly to that individual. In addition, in the first paragraph, say (1) where you’re from, (2) what you do and/or whom you know, and (3) what you want. Why? If you are a constituent from the state someone will answer your letter. If you provide information that suggests you are connected to important state players and/or a network of people, that will translate to – this person is important, let’s keep his/her contact information so we can get to it quickly when we want to disseminate something to the state. And, if the initial reader of your letter knows what you are concerned about, your letter will more quickly get to the person who can act on it. (15 points)

Then your letter should –

• Provide background on the issue. Describe what’s working and not working. Provide statistics. Tell a story about a person from the state who has been adversely impacted by the status quo or would be adversely affected if the status quo were altered. (15 points)
• Describe how to address the problem. Say something about who should be involved, how to resolve the issue, and when to take action. (30 points)
• Describe the beneficial impact if the problem is fixed. Here too you could provide statistics – how many people, the projected cost benefit, and the impact on other things such as systems, communities, families, or the local economy. (10 points)
•  Describe what you are prepared to do to help the Senator and his/her staff learn more/do more, such as - research, talking points, draft memos, contacting others, or a floor statement. (15 points)
• End in one page. (5 points)
• Use links to resources to save space. (5 points)
•  Include all your contact information. (5 points)

You may ask a friend to rate your draft based on the Message Index. If you get a response from your Senator's office – a letter requesting more information, a call, and an opportunity to meet – you have hit a home run! You will be well on your way to becoming someone to whom the Senator will turn  and on whom the Senator will increasingly rely going forward on this issue. And, I guarantee, your letter will not be thrown away or ignored.

Good luck.

Common Grounder

Senate 101: Step One, Introduce Yourself to Your Senators

After an election, at least for a year, a Senator will focus primarily on two things -- constituents and his or her status related to a few issues. Fundraising is an activity a Senator always must devote time to, but after an election there's a window of opportunity for constituents to take up more political space. 

In terms of standing (status) on issues there are three types of Senators -- (1) A new Senator discovering "who's in charge of particular issues" and deciding how to enter the issues arena. (2) A seasoned Senator, who has secured recognized expertise on issues that are important to him or her. This has probably come about because of the Senator's position on a committee. Even so, the Senator must protect his or her territory or status relative to an issue. (3) A Senator, who is planning to retire at the end of 2016, exploring legacy issues -- his or her standing on issues from the perspective of historians.

The first question you should ask yourself is - in what category do my senators likely fit? If one of your Senators falls into the first category your chances of getting to know him or her and making your issue a priority for the Senator is higher. Moreover, new Senators have fewer gatekeepers. So your chances of direct access are higher as well.

For those of you who have a senator who is a seasoned member of the Senate, perhaps a chairman or ranking member or someone with senior status within a committee, your ability to influence the Senator's issue preferences or to have direct access to the Senator are more constrained.

If your Senator is in his or her late 70s or 80s, viewing retirement, you have a good chance of helping him or her embrace one of your issues.

Regardless of the category in which one of your Senators falls, now is the time to proceed to introduce yourself to them, not six months from now. How do you do that? You have many options. Your chances of standing out and getting access or attention will be higher if you offer to do something for the Senator first, rather than asking the Senator for something. Here are three.

(1) Consider inviting the Senator to see your program, interviewing the Senator for a newsletter, and/or offering to arrange a photo op. These simple steps will give you the opportunity to begin a dialogue with the Senator and really reflect what you care about.

(2) Perhaps you want to try something less direct, like sending a letter. Here too it's smart to offer what you would be willing to do for the Senator -- do research, collect good news stories about constituents around a theme, set up a feedback loop among your colleagues and friends on key issues, or prepare fact sheets. A letter would obviously include information on your background, which would reflect your expertise.

(3) You could attend a town hall meeting, raise questions, and introduce yourself to the Senator and staff. As in the other examples I've given, you would want to offer what you can do for the Senator rather than ask the Senator to do something for you.

The underlying premise and objective overtime is you want the Senator and his or her staff to connect you to an issue and see you as a resource to which they can turn to over and over with confidence. Introduction is but the First Step in building a long term relationship.

We all have the same 24 hour period in which to function. Senators and their staff face many demands that consume their time. If they can find people from their home state on which they can rely, they are likely to include the issues of those people among the Senator's priorities and use the facts and perspectives provided by those constituents when speaking and writing legislation on those issues of mutual interest.

So please get started. There is no time to waste.

Thank you.

Common Grounder

A Little Advice on Governing

If there ever was a reason to get our act together and get to know the Republican Congress this is -- The Coming Congressional War over Social Security Disability" by Howard Gleckman in a post for Forbes. Here's the link: 

http://www.forbes.com/sites/howardgleckman/2015/01/07/the-coming-congressional-war-over-social-security-disability/.

Gleckman is not the only one writing about this. The Social Security Task Force of the Coalition for Citizens with Disabilities has compiled links to background and other opinion pieces.

Text of H. Res. 5 (Social Security provision is Sec. 3(q) on pages 30-31 of the PDF file):

HTML -- https://www.congress.gov/114/bills/hres5/BILLS-114hres5eh.xml

PDF -- https://www.congress.gov/114/bills/hres5/BILLS-114hres5eh.pdf

Vote results:

http://clerk.house.gov/evs/2015/roll006.xml

Explainer from the Center on Budget & Policy Priorities:

http://www.offthechartsblog.org/house-rule-could-hurt-vulnerable-disability-beneficiaries/

The unprecedented inclusion of this harmful Social Security provision in the House rules has garnered extensive media coverage; highlights include:

Washington Post, Wonkblog:

http://www.washingtonpost.com/blogs/wonkblog/wp/2015/01/07/social-security-disability-payments-would-be-cut-by-a-fifth-without-new-action/

Reuters, Mark Miller:

http://reut.rs/1DCuZ7P

Michael Hiltzik, LA Times:

http://www.latimes.com/business/hiltzik/la-fi-mh-on-day-onel-new-congress-launches-attack-on-social-security-20150106-column.html 

http://www.latimes.com/business/hiltzik/la-fi-mh-do-republicans-misunderstand-social-security-20150107-column.html

AP, Stephen Ohlemacher:

http://abcnews.go.com/Health/wireStory/house-rule-sets-election-year-battle-social-security-28048810 

NYT, Teresa Trichou:

http://takingnote.blogs.nytimes.com/2015/01/07/uh-oh-republicans-are-trying-to-protect-social-security-again/?_r=0

The House leadership has elected to hold everyone's feet to the fire by adding a rule to House rules that would prevent the House from voting on any legislation that would allow transfer of funding from one Social Security program (older persons and survivors program) to the SSDI program (people with disabilities who have worked). SSDI takes a financial nose dive in 2016 unless it gets more money. If nothing is done, then everyone who gets SSDI will see a 20% drop in their monthly payments from SSDI.

Who knows what the Senate has planned on this.

I am opposed to governing by threat, inaction, deception, and default. If the Social Security Programs need a scrubbing, then Democrats and Republicans should sit down and discuss how it should be done like grown ups, come up with some options, and share them with us. The next election is less than two years away and includes the election of a new president. Many people are affected by/benefit from Social Security payments. They want Republicans and Democrats to act responsibly. Procedural surprises are not the way to go. Hearings, bipartisan drafting of amendments, transparency, and consideration of the impact on people, as well as fiscal concerns should shape what comes about. Some have said that there is room for Republicans and Democrats to talk and come together on tax reform and trade policy. Well, why not Social Security reform as well, where the emphasis is placed on helping people be as independent as possible without fear of losing their health insurance? Remember the ABLE Act?

Thank you.

Common Grounder

Foundation for Building Meaningful Relationships with Senators

First, happy new year. 

In real estate the top three factors are location, location, and location. 

In political transactions the top three factors are relationships, relationships, and relationships. If we want to get the attention of Senators and have them address issues that are important to us in 2015 and beyond, we must develop meaningful relationships with them. Developing meaningful relationships with anyone takes time, but developing relationships with senators is even more of a challenge. Senators have many gatekeepers. In effect, unless you are a big donor, a big company from the state, a powerful constituent from the state, head of a political action committee, a relative, or a longtime family friend, your chances of meeting directly with a senator one-on-one is probably one in 10,000. You need to earn such an opportunity.

Let's consider some of the initial steps we could take.

1.  Focus on the chairman and ranking Democrat on committees dealing with health, education, employment, housing, transportation, human rights, and benefits. If you are from one of these states from which these senators come you have a leg up. Constituents are not ignored. But even so, you need to develop a reason for such Senators to interact with you on a ongoing basis.

2.  Visit the Senator's website, read newspaper articles, checkout what the Senator is sharing on Facebook and Twitter. What are you looking for? 

The Senator's priorities

The Senator's concerns

The Senator's past record on issues

Legislation that the Senator has sponsored

Legislation that the Senator has cosponsored

What do you do with this information? Look for connections to issues that are important to you or consider how you can CREATE a connection to issues that are important to you. Here is one example. Most Senators support initiatives that benefit disabled veterans. How can you use that fact to broaden a Senator's interest/support for initiatives that benefit more people with disabilities?

Here's one piece of data to get you started:  http://thehill.com/homenews/senate/227175-senate-gop-announces-new-committee-assignments

I am very excited about 2015. Let's work together to make sure in political terms it pays off for people with disabilities.

Thank you.

Common Grounder