www.accesspress.org History Note
Inside
“I choose not to place ‘DIS’ in my ability.”
■ Barriers to voting—p. 3 ■ When a dog guide dies—p. 5 ■ Proud owner of a new Habitat—p. 8
— Robert M. Hensel Page 2 Nonprofit Org. U.S. Postage PAID Mpls. MN Permit No. 4766
Volume 19, Number 6
Minnesota’s Disability
Community Newspaper
June 10, 2008
2008 legislative action ends with a smile Disability community sees gains and losses by Anne L. Henry
E
xtended negotiations among legislative leaders from both parties and the governor brought the 2008 session of the Minnesota Legislature to a close on May 18. The $935 million state budget deficit was closed by spending cuts, across-theboard state agency administrative reductions and use of substantial funds from the state’s budget reserve. In addition, health care reform legislation and a number of other significant policy bills affecting persons with disabilities were adopted.
budget deficit of $935 million, because health and human services spending areas were targeted for substantial cuts to help balance the overall state budget. Governor Tim Pawlenty proposed, and the House and Senate agreed, to limit home and communitybased waiver services for persons with traumatic brain injury (TBI) to 200 persons per year. Services for those eligible for nursing facility care through the Community Alternatives for Disabled Individuals (CADI) waiver will be limited to 1,500 persons per year, beginning July 1, 2008 for three years. Included in Budget cuts will limit With a jubilant grin, House Speaker Margaret Anderson these caseload caps are limits waiver services Kelliher brings down the last gavel of the session at 11:45 The biggest challenge for per- for persons participating in the p.m. May 18. sons with disabilities during integrated managed care proCredit: Andrew VonBank, MN House of Representatives the session was the significant gram known as Minnesota
Tough year for education Tougher times expected in 2009 session by Kim Kang
I
t was a rocky road for both the education policy and budget bills during the 2008 session of the Minnesota Legislature on May 13. Governor Tim Pawlenty vetoed the E-12 Education Policy Bill. That action was followed three days later by the veto of the E-12 Omnibus Education Budget Bill. However, legislators were able to pass a handful of helpful items through the Omnibus Budget Bill. Included in the items approved was an increase of $51 of state aid per student. This will provide a measure of financial relief for schools. In addition, the special education task force, which was created during the 2007 legislative session, had its work continued another year in order to complete its assigned duties. The purpose of this task force is to compare the federal Individuals with Disabilities Education Act (IDEA) requirements with Minnesota laws and rules, determine which Min-
nesota laws exceed federal son of Minnesota rules that laws, and provide recommen- exceed federal laws. dations on which state laws to eliminate. The Legislature extended the task force’s existence for anThe special education task other year and requires memforce is currently composed of bers to submit a final report 10 members: four parent and to the Legislature by Feb.15, parent advocacy organization 2009. Thanks to the work of representatives, five school parents, parent advocates, representatives, and the Min- student advocates and key nesota Department of Educa- legislators such as Represention—a non-voting member. tatives Debra Hilstrom and As part of its analysis during Mindy Greiling, some imthe 2007 year, the task force provements were made to the determined that some Minne- task force such as adding ansota laws exceeding federal other representative from a laws include: transition ser- parent advocacy organization vices beginning at age 14; so equal representation is endispute resolution processes sured, and allowing the task such as conciliation and fa- force to make recommendacilitated Individual Educa- tions on how to change laws tion Programs (IEPs); and the and rules. The latter is parstate law which places the ticularly important because burden of proof on school the task force was previously districts to show that they restricted to recommending complied with special edu- that a law or rule be kept or cation laws. While the task eliminated. As task force force was able to complete a members did their work, they review of state statutes and determined that some laws rules, its members were not and rules could be retained able to complete a compari- with changes.
With a $1 billion total state budget deficit, it was a tough year for education. Projections for 2009 appear to be even worse and this will be even more critical because the 2009 session will determine funding for the 2010-2011 school years. Therefore, it’s important for parents of children with disabilities to continue to be active and informed advocates. With 2008 being an election year, parents should not be afraid to ask for elected officials and candidates that will stand strong when it comes to maintaining services for children with disabilities and ensuring special education has an adequate, consistent funding stream. The complete E-12 education bill can be found at www.leg. mn.us/ Use the bill tracker page. Kim Kang is the Public Policy and Early Childhood Director at PACER Center. For more info visit www.pacer.org. ■
Disability Health Option authority of the county is lim(MnDHO). ited (“levy limit”) through 2010. This problematic proviThe total funding cut for these sion was part of a late-night, important services for the com- end of the session property tax ing three years is nearly $68 negotiation between state lawmillion which includes the makers and the governor. dollar-for-dollar federal match Among programs which reavailable under Medicaid. quire county funding are case Waiver service funding is used management services for chilto pay staff, buy equipment or dren and adult mental health, items and support people to vulnerable adult and developlive as independently as pos- mental disabilities, children’s sible in the community and mental health residential treatavoid institutional placement. ment, chemical dependency services and numerous other Previously, the CADI and corrections and public health Traumatic Brain Injury (TBI) programs. Key legislators have waiver programs had caseload agreed with the governor to limits imposed, beginning in repeal this language at the be2003 for four years. During ginning of the 2009 session that time, a waiting list devel- retroactive its effective date in oped for both programs. While order to avoid any lapse in persons eligible for CADI and county funding and to correct TBI are likely eligible for what is now regarded as a misMedical Assistance Home take. Care, such as personal care assistant (PCA) services, they A 1.8 percent cut for all statewill not be able to access the funded grant programs operwider array of more flexible ated by the Department of services which are crucial to Human Services and the Demaintaining independence and partment of Health, except improving functioning in the children and adult mental community, such as home health services, was imposed modifications, equipment, and for the next three years. supported employment ser- Among the programs which vices. Department of Human will be cut are Semi-IndepenServices (DHS) projections dent Living Services (SILS), indicate that more than 2,400 Disability Link Line, family eligible persons will not be support grant services, Region able to access home and com- 10 Quality Assurance and varimunity services due to these ous aging and chemical decaseload limits over the next pendency services. These serthree years. vices are among those slated for a 2 percent cost of living For those with Medical Assis- increase on October 1, 2008. tance or General Assistance After the 1.8 percent cut, the Medical Care, hospital pay- Cost of Living Allowance ments will be cut approxi- (COLA) will be effectively mately $109 million dollars, reduced to .2 percent, leaving most of which would have been staff and programs without matched with federal Medic- enough funding to cover inaid funds over a three-year creased costs. period. Mental health services are exempt from this hospital Changes to targeted case manpayment reduction. agement, including relocation services, children and adult Additional cuts and changes mental health and child welThe Omnibus Tax Bill pro- fare case management became vides that counties will be re- effective in March 2008 due leased from maintenance of to federal changes. Federal effort and matching fund re- legislation to stop the federal quirements while the taxing 2008 Session - cont. on p. 12