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NCD conducted a comprehensive analysis of the AbilityOne Program to determine whether it promotes Congress' goal of improving employment opportunities for people who are blind or have significant disabilities. Today, the program is made of a government-appointed Commission and staff, three central nonprofit agencies (CNAs) that facilitate the program, and over 500 participating nonprofit agencies that hire people who are blind or have significant disabilities to sell goods and services to federal agencies. NCD's report raises the following concerns about the AbilityOne Program: (1) Despite increased program revenue earned through sales to the Federal Government, employment for people who are blind or have significant disabilities has steadily declined since 2011 -- While overall program sales have increased, the number of employees and total direct labor hours from the employment of people who are blind or have significant disabilities have declined since FY 2011. The percentage of overall program revenue paying wages to people are blind or have with significant disabilities has also declined each year since FY 2011; (2) The program undermines current national disability policy goals to create competitive integrated employment opportunities for people with disabilities -- The program is a federally sanctioned segregated jobs system from 1938 that reinforces distinct employment paths for people who are blind or have significant disabilities that may result in subminimum wages. The program relies on an outdated societal landscape that existed prior to a public right to education and other core civil rights for people with disabilities. For this reason, only approximately four percent of employees hired under the program exit the program to enter competitive, integrated employment each year; and (3) Repeated concerns about transparency and conflicts of interest remain unaddressed and undermine confidence in the program -- While the CNAs continue to seek opportunities to increase program revenue, past scrutiny and criticism from Congress, the Government Accountability Office, its own Inspector General, and the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities remain unresolved. The CNA program fee remains exempt from federal restrictions on its use allowing it to fund executive salaries and lobbying expenses. In addition, NPAs have the discretion to decide which employees have significant disabilities, however NCD's interviews and site visits with NPAs raised concern that they lack the capacity, skill, and knowledge to objectively evaluate the skills of their workers with disabilities. NCD concludes the report by advising Congress to transition the outdated AbilityOne Program into a new requirement under Section 503 of the Rehabilitation Act that will incentivize federal contractors to hire a percentage of people who are blind or have significant disabilities at competitive wages and provides recommendations to successfully transition the current 45,000 AbilityOne employees into competitive, integrated employment.

The National Council on Disability (NCD) undertook this report to increase the understanding of guardianship and its impact on the lives of people with intellectual and developmental disabilities (ID/DD) and their families. Guardianship is the process through which an adult can be found legally incapable of making decisions for him or herself and another adult is appointed to make decisions on behalf of that individual. In this report, NCD examines why people with ID/DD are at increased risk for becoming subject to guardianship as adults, and how that impacts their ability to benefit from civil rights laws aimed at advancing the self-determination and opportunities available to people with ID/DD, including the Americans with Disabilities Act, the Developmental Disabilities Act, the Individuals with Disabilities Education Act, and the Workforce Innovation and Opportunity Act. The report examines how people with ID/DD are treated differently than other adults who are the subjects of guardianship proceedings, including in several states that have separate guardianship laws for people with ID/DD. The findings and recommendations are based on the available data on guardianship for people with ID/DD, an in-depth examination of the experiences of individuals with ID/DD in Washington, DC, and information collected directly from stakeholders across the nation.

This report seeks to explain, evaluate, and contextualize a system that impacts a large number of people with disabilities, particularly intellectual, cognitive, and age-related disabilities. Although it has been an important part of Western law since the ancient Greeks, guardianship has not garnered the attention of policymakers and disability rights advocates the way other issues have. Guardianship is a creature of state law, with a federal footprint that has historically been fairly small. However, guardianship has a profound impact on the people subject to it, as well as on their families and communities. The existence of a process through which an adult can essentially be found legally incapable of making decisions for themselves and another adult appointed to make decisions on behalf of that individual raises fundamental civil rights issues that are deserving of thorough examination. Additionally, the increase in the number of older Americans as the baby-boom generation enters retirement and growing concern over elder abuse has increased the level of interest in this topic among federal policymakers.

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the history and current process of federal monitoring and enforcement of IDEA, the role of the U.S. Department of Education's Office for Civil Rights (OCR), the U.S. Department of Justice (DOJ), and IDEA's options for resolving disputes and addressing systemic violations. the National Council on Disability commissioned this report to better understand the current system of IDEA monitoring and enforcement. Nine chapters focus on: (1) Examining the Federal Role in Education; (2) Evolution of Monitoring and Enforcement under IDEA; (3) Department of Education's Current Process; (4) State Monitoring of Local Education Agencies (LEAs); (5) IDEA Dispute Resolution Options; (6) Role of the Office for Civil Rights; (7) Role of the Department of Justice; (8) Perspectives of Key Stakeholders; and (9) Findings and Recommendations. Results of the study found the current system of monitoring and enforcement, while moving toward a more balanced approach of compliance and results, often fails to address noncompliance in a timely and effective manner and utilize all of the options available to address issues.

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the Every Student Succeeds Act's (ESSA's) amendments to IDEA, explains their likely impact on students with disabilities as ESSA implementation progresses, and provides recommendations. The National Council on Disability conducted research to gather relevant policy and qualitative and quantitative information. Researchers convened forums to examine parent and student perspectives and interviewed several local and state administrators and researchers. Four chapters focus on: (1) ESSA Provisions Specific to Students with Disabilities; (2) Other Policy Considerations; (3) Findings; and (4) Recommendations. The report finds that ESSA maintains key provisions to ensure the inclusion of students with disabilities in accountability systems. However, ESSA also affords states greater flexibility in how accountability systems are established. ESSA includes additional assessment provisions to utilize effectively accommodations for students with disabilities and additional provisions to better support students with the most significant cognitive disabilities. Finally, to improve opportunities for student learning, ESSA requires states to engage stakeholders in the state planning process and address school conditions for student learning and the overuse of harsh disciplinary tactics, including seclusion and restraint.

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that identifies the challenges facing English learners with disabilities and their families, as well as the unique needs facing students with disabilities from low-income families, and it examines how they fare in the public education system. The National Council on Disability undertook a study to examine barriers these students face and how schools, districts, and states can better meet their needs. Six chapters focus on: (1) Rates of Identification and Placement; (2) Current Supports from the Department of Education; (3) Supports from Other Agencies; (4) Challenges in Addressing Needs of English Learners and Students from Low-Income Families; (5) Findings; and (6) Recommendations to Congress, the Department of Education, and State Policymakers. Results found that too often, educators have lower expectations for students with disabilities who are also English learners and students with disabilities from low-income families. Schools, districts, and states face challenges in effectively coordinating services and supports for these students as well as challenges in developing effective policies for determining entry and exit for language-based services for English learners with disabilities.

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the past-to-current funding levels for all parts of IDEA, analyzes the impact that the lack of full-funding has had on states in meeting their obligations to provide a free and appropriate public education to students with disabilities, and provides recommendations regarding future funding. To better understand how the persistent underfunding of IDEA impacts students with disabilities, the National Council on Disability (NCD) undertook research for this report. Using a mixed methods study, key questions were used to examine the history of the IDEA funding, identifiable impacts in districts and schools resulting from a lack of full funding, and the effect a lack of funding has had on services to students. NCD found that the lack of federal support places considerable pressure on state and local budgets, resulting in a range of actions including one state placing an illegal cap on IDEA identification, districts and schools limiting hiring of personnel and providers, districts and schools restricting service hours, and districts and schools reducing or eliminating other general programs. There is unanimous support to increase annual federal IDEA funds and agreement that increases would allow districts to improve outcomes and use freed-up local funds to support all students. Finally, no large-scale national study has been conducted since the early 2000s, which limits researchers and policymakers' ability to understand the true costs of special education, and maintenance of effort (MOE) requirements can serve as a disincentive to districts piloting innovative or expanded services. To address these findings, NCD recommends the following to Congress, the Department of Education, and state policymakers: (1) Increase funding to the maximum authorized amount; (2) Provide flexibility in IDEA's MOE requirements that also protect student civil rights; and (3) Establish a funding threshold beyond which increases will be tied to improved results for students with disabilities.

This report describes the legal and scientific basis for an inclusive versus segregated education, summarizes national patterns for educating students with disabilities in general education classes, examines federal and state guidance, and state compliance with federal mandates, and describes effective educational practices for reducing segregation. Input from stakeholders was collected to provide an accurate and current picture of what is experienced by educators, families, and children with disabilities. As part of the research, the following global research questions were explored: (1) To what extent are students with disabilities participating in, and being removed from, general education opportunities with peers without disabilities? (2) What is the Federal Government response to states that are segregating students with disabilities? and (3) What are the evidence-based practices that schools, districts, and states should implement to include students with disabilities in general education and minimize unnecessary removal? To address these questions, the National Council on Disability (NCD) research team conducted a mixed-methods study gathering stakeholder perspectives, as well as policy and quantitative information. With this information, the authors describe experiences for these populations of students, identify any potential gaps in services, policy, and research, and make recommendations particularly as they relate to the placement and participation of students with disabilities in general education.

National Council on Disability's (NCD) study found that students with disabilities are not "on the radar" of colleges in their sexual assault prevention efforts, policies, or procedures for response and support after an assault. This includes the absence of procedures to communicate with victims who are Deaf or hard of hearing and inaccessible support services for students with mobility disabilities. Similarly, NCD's study found that students with disabilities are invisible in federal research and grant programs on campus sexual assault. These findings are against the backdrop of a recent study by the Association of American Universities that revealed that 31.6 percent of undergraduate females with disabilities reported nonconsensual sexual contact involving physical force or incapacitation, compared to 18.4 percent of undergraduate females without a disability. The report seeks to better understand how colleges respond to, prevent, and support survivors of sexual assault who have disabilities. The findings and recommendations are the product of interviews with experts on sexual assault on college campuses, experts on sexual abuse against people with disabilities, college professionals and staff, Title IX coordinators, and sexual assault services administrators; as well as two national questionnaires that included college students with disabilities. Colleges that participated came from 14 states and the District of Columbia, 7 of 10 federal regions, 2-year and 4-year colleges, and both private and public.

Strong mental and behavioral health supports on campus can improve the academic performance of students and increase their resilience and ability to handle stress, with reduced suicide rates, substance abuse, and eating disorders, but this study reveals that students with mental health disabilities continue to face barriers to accessing counseling services on campus and in receiving disability-related accommodations that are necessary to help them participate in their education on an equal footing with students without disabilities. This study identified two main areas that pose barriers to the academic achievement of students with mental health disabilities: (1) institutional policies and practices; and (2) federal laws and policies. All need attention and reform in order to remove barriers that impede the academic success of students with mental health disabilities on campuses across the nation. This National Council on Disability (NCD) study examines and assesses the status of college mental health services and policies in the United States, and provides recommendations for Congress, federal agencies, and colleges to improve college mental health services and post-educational outcomes for students with mental health disabilities.

The National Council on Disability (NCD) recognizes that technology is essential to the full realization of citizenship for people with disabilities. Yet society has not evolved to the point where this population uses technology to the extent needed to enjoy the rights of full citizenship, as recognized by the Constitution. As technology continues to evolve at a rapid pace, it is important to consider factors that can facilitate or impede technology adoption and use by people with disabilities. Thus, NCD has committed the 2016 "Progress Report" to technology. The report focuses on information and communication technology (ICT) but also addresses other forms of assistive technology. To encourage the use and access of technology among all members of society, NCD proposes a Technology Bill of Rights for People with Disabilities. The 2016 "Progress Report" begins by offering insight on how technology can contribute to the lives of people with disabilities in the areas of education, employment, health and well-being, and independent living. Although the report is limited to these four broad topics, many of the principles described in this report can be applied across different settings. Next, the report identifies and describes common barriers that interfere with the ability of people with disabilities to use ICT and ICT-related assistive technology. The report then looks to the future of technology. It identifies how people with disabilities, the technology industry, and others can capitalize on the opportunities that accompany emerging and innovative technologies to maximize daily functioning. Federal legislation and international policies that can impact how people with disabilities can benefit from technology are addressed next. Finally, the report offers recommendations to the President, Congress, and federal agencies; the technology industry; and other private and public sector entities on policies and practices that promote opportunities for people with disabilities to experience the full realization of citizenship with the use of technology. Recommendations to promote the full rights of citizenship through accessible technology is included: (1) Recommendations for the President, Congress, and federal agencies; (2) Recommendations for the technology industry; and (3) Recommendations for the private sector and local and state public sectors. The following in are appended: (1) Twitter Chat Summary; and (2) Glossary of Terms. [For the executive summary, "National Disability Policy: A Progress Report, 2016. Executive Summary," see ED571832.]

In conjunction with its fall quarterly meeting, NCD convened a stakeholder forum in Atlanta in October 2014 to receive testimony on the role of special education in the School-to-Prison Pipeline. The findings and recommendations in this report are based upon the culmination of that testimony, interviews with experts, and review of available research. Studies show that up to 85 percent of youth in juvenile detention facilities have disabilities that make them eligible for special education services, yet only 37 percent receive these services while in school. A disproportionate percentage of these detained youth are youth of color. These statistics should lead to the conclusion that many disabled youth in the juvenile justice and criminal justice systems are deprived of an appropriate education that could have changed their School-to-Prison Pipeline trajectory. NCD has concluded that IDEA can and should be an important part of the solution to the School-to-Prison Pipeline crisis. Thus, the recommendations in this report focus on ways to improve existing special education delivery and enforcement systems to better meet the needs of students with disabilities who risk entering the Pipeline. The report includes a participants list of attendees at the NCD Stakeholder Forum to Receive Testimony about the "School-to-Prison Pipeline", Monday, October 6, 2014, Atlanta, GA 30309; List of Acronyms; and Endnotes.

Despite a dark history marked by the eugenics movement, increasing numbers of people with disabilities are choosing to become parents. Recent research reveals that more than 4 million parents--6 percent of American mothers and fathers--are disabled. This number will unquestionably increase as more people with disabilities exercise a broader range of lifestyle options as a result of social integration, civil rights, and new adaptive technologies. Likewise, there has been a dramatic increase in the number of veterans who are returning from war with service-connected disabilities, some of whom may already be parents and others who will enter parenthood after acquiring their disability. The National Council on Disability (NCD) undertook this groundbreaking study to advance understanding and promote the rights of parents with disabilities and their children. This report provides a comprehensive review of the barriers and facilitators people with diverse disabilities--including intellectual and developmental disabilities, psychiatric disabilities, sensory disabilities, and physical disabilities--experience when they are exercising their fundamental right to create and maintain families. This report also describes the persistent, systemic, and pervasive discrimination against parents with disabilities. It analyzes how U.S. disability law and policy apply to parents with disabilities within the child welfare and family law systems, and the disparate treatment of parents with disabilities and their children. Examination of the impediments prospective parents with disabilities encounter when adopting or accessing assisted reproductive technologies provides further examples of the need for comprehensive protection of these rights. This report sets forth suggested action to ensure the rights of parents with disabilities and their children. Whether such action is taken at the state or federal level--as an amendment or a new law--the need for action could not be more timely or clear. Appended are: (1) Interviews; (2) State-by-State Analysis of Dependency Statutes and Their Inclusion of Disability; (3) Model Legislation (State or Federal); and (4) Proposed ADA Amendment. (Contains 1329 endnotes.)

Like bullying in general, bullying of students with disabilities represents both a civil rights and public health challenge. Amongst the possible effects of bullying the U.S. Department of Education (DOE, 2010) includes lowered academic achievement and aspirations, increased anxiety, loss of self-esteem and confidence, depression and post-traumatic stress, deterioration in physical health, self-harm and suicidal thinking, suicide, feelings of alienation, absenteeism and other negative impacts, both educational and health related. While both students with and without disabilities face significant negative emotional, educational and physical results from bullying, students with disabilities are both uniquely vulnerable and disproportionately impacted by the bullying phenomena. Despite this, there exists a dearth of both research and policy focusing on eliminating the bullying of students with disabilities. Furthermore, evidence suggests that existing legal and policy tools available to address bullying against students with disabilities remain significantly under-utilized. Additional focus is needed on the bullying of students with disabilities, both as part of a general strategy of bullying prevention efforts and as a specific area of focus in policy and practice. Effectively addressing bullying of students with disabilities will require undertaking action as part of both general and special education policy. This paper recommends several policy actions for addressing bullying of students with disabilities. (Contains 1 footnote.)

In this paper the author offers a reprint of "Equality of Opportunity: The Making of the Americans with Disabilities Act" (July 26, 1997). This personal story is part and parcel of the ADA's (Americans with Disabilities Act) significance in the society. The ADA is a nondiscrimination law. It is a clarion call for transforming attitudes about disability. The ADA proclaims that all people, including people with disabilities, should participate fully in all aspects of communities and have opportunities to take risks, to succeed, and--yes--to fail. Equality of opportunity means having a chance to live independently and become financially secure, but it is not a guarantee. Understanding the history of the ADA is every bit as important as when "Equality of Opportunity" was first published in 1997. Arguably, the urgency is even greater now. Achieving equality of opportunity for people with disabilities depends in large measure on individual transformative experiences like the one the author had through writing the history of the ADA. Thus, the author hopes that this reprint of "Equality of Opportunity" enables more people to understand the ADA and the outmoded structural and attitudinal barriers it was meant to tear down. A glossary of included. List of Interviews is appended. (Contain 443 notes.)

The National Council on Disabilities (NCD) undertook this study in 2007 to focus the nation's attention on the health care disparities experienced by people with disabilities, and to provide information and recommendations that can help to eliminate health care inequities for people with disabilities. Among the key findings were that: (1) People with disabilities experience significant health disparities and barriers to health care, as compared with people who do not have disabilities; (2) People with disabilities frequently lack either health insurance or coverage for necessary services, such as specialty care, long-term services, prescription medications, durable medical equipment, and assistive technologies; (3) Most federally funded health disparities research does not recognize and include people with disabilities as a disparity population; (4) The absence of professional training on disability competency issues for health care practitioners is one of the most significant barriers preventing people with disabilities from receiving appropriate and effective health care; and (5) The Americans with Disabilities Act (ADA) has had limited impact on how health care is delivered for people with disabilities. Significant architectural and programmatic accessibility barriers still remain, and health care providers continue to lack awareness about steps they are required to take to ensure that patients with disabilities have access to appropriate, culturally competent care. The report offers a broad range of recommendations for reforms that will address some of the most significant obstacles to health, health care, disease prevention, and health promotion for people with disabilities. It provides a road map for eliminating the pervasive barriers to health care for people with disabilities, which will improve the quality of life, productivity, and well-being of greater numbers of Americans as the population ages. The report is also in keeping with the Administration's goals for inclusive health care reform. Appended are: (1) Key Informant Interviewees and Informational Interviewees; (2) NCD Health Care Summit Participant List, April 2008; (3) List of Methods Related to Data Collection Assessment and Matrix of Selected Studies and Datasets; (4) Key Federal Agency Definitions of Health Disparity; (5) NCD Health Care Summit Additional Recommendations for Reform and Stakeholder Actions; (6) Additional NCD Health Care Summit Information: Summit Agenda, Summary of Oral Content Presentations, and Summit Planning Committee List; and (7) Mission of the National Council on Disability. (Contains 11 exhibits and 600 endnotes.) [The following people also helped in drafting this report: Tyler Zoanni, Charlotte Lanvers, Catherine Engstrom, Acer Tolentino, Rachel Hamburg, Christopher Kypreos, Nancy Mudrick, Kristi Kirschner, Judy Panko Reis, Carmen Cicchetti, and Mary Margaret Sharp-Pucci.

In recent years, the National Council on Disability (NCD) Progress Report has been a retrospective review and analysis of Federal programs for people with disabilities. For this Progress Report, NCD members have chosen to depart from a retrospective approach, and, instead, will focus on the current status of the quality of life of people with disabilities, and the emerging trends that warrant changes in the Federal Government's disability policies and programs. The report suggests ways to address identified issues that are consistent with a fiscal policy aimed at unlocking the potential of America and thereby improving the quality of life and opportunities for the American people. It emphasizes opportunities to improve the quality of life of the growing number of citizens with disabilities, the emerging trends warranting changes in the government's response, and recommendations for reviewing and modernizing the way the Federal Government approaches disability policy. Six appendixes are included: (1) Mission of the National Council on Disability; (2) Statistical Social Indicators; (3) Livable Community Discussion and Examples; (4) The Role of Government in the Pervasive Poverty of People with Disabilities; (5) Private Initiatives; and (6) Intergovernmental Review and Examples. (Contains 103 endnotes and 2 tables.) [For the 2008 Progress Report, see ED499799.]

The purpose of this paper is to examine the status of employment of people with disabilities in the Federal Government and to make recommendations for improving federal hiring and advancement of employees with disabilities. The paper summarizes the legal authorities and policy guidance, the responsibilities of various federal agencies charged with ensuring equal opportunity in federal employment, barriers to hiring and advancement, provisions for reasonable accommodations, and agency initiatives. The National Council on Disability has determined that despite laws, regulations, policy guidance, and excepted service hiring authorities designed to promote federal employment opportunities for people with disabilities, barriers to federal employment remain, and the number of employees with disabilities in the federal workforce is low. Recommendations for the Office of Personnel Management include: (1) Reduce the two-year probationary period for employees with disabilities under Schedule A to one year; (2) Require the Federal Equal Opportunity Recruitment Program to include data on employees with disabilities; (3) Establish mandatory training on targeted disabilities for all supervisors within Federal Government agencies; (4) Conduct a marketing campaign to encourage applicants with disabilities; and (5) Conduct a study of best practices in the Federal Government and develop a model program for hiring, retaining, and advancing people with disabilities. Recommendations for Congress include: (6) Request that the Government Accountability Office examine Schedule A employment for people with disabilities; (7) Request that the Government Accountability Office conduct a survey of federal supervisors; (8) Request that the Government Accountability Office study the effectiveness of the preference system for veterans with disabilities; and (9) Grant the Department of Defense Computer/Electronic Accommodations Program (CAP) the authority to include accommodations such as job structuring, telecommuting, and job-sharing. Recommendations for Job Seekers include: (10) Investigate employment opportunities in agencies with critical hiring needs and agencies that have shown a commitment to hiring people with disabilities. (Contains 96 endnotes.)

This report compares actual performance with the projected levels of performance set out in the National Council on Disability's annual performance plan. The findings of this report show a positive link between the allocated resources and NCD's performance. NCD's assessment review showed that it was successful in meeting its goals and achieving its intended results. NCD has applied taxpayer resources efficiently in a manner that maximizes the effectiveness of Government programs in serving the American people. NCD's FY 2008 activities promoted the full participation of people with disabilities in all areas of society by addressing many areas including educational opportunities needed to succeed, discrimination and promotion of equal opportunity, the employment rate of people with disabilities, and independent, community-based living. The findings of this report clearly indicate that NCD has either met or exceeded the projected levels in its performance plan.

More than 1.6 million American service members have deployed to Iraq and Afghanistan in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). As of December 2008, more than 4,000 troops have been killed and over 30,000 have returned from a combat zone with visible wounds and a range of permanent disabilities. In addition, an estimated 25-40 percent have less visible wounds--psychological and neurological injuries associated with post traumatic stress disorder (PTSD) or traumatic brain injury (TBI), which have been dubbed "signature injuries" of the Iraq War. National Council on Disability (NCD) concurs with the recommendations of previous Commissions, Task Forces and national organizations that: (1) A comprehensive continuum of care for mental disorders, including PTSD, and for TBI should be readily accessible by all service members and veterans. This requires adequate staffing and adequate funding of Veterans Administration (VA) and Department of Defense (DoD) health systems; (2) Mechanisms for screening service members for PTSD and TBI should be continuously improved to include baseline testing for all Service Members pre-deployment and follow up testing for individuals that are placed in situations where head trauma may occur; and (3) The current array of mental health and substance abuse services covered by TRICARE should be expanded and brought in line with other similar health plans. As this report indicates, the medical and scientific knowledge needed to comprehensively address PTSD and TBI is incomplete. However, many evidence-based practices do exist. Unfortunately, service members and veterans face a number of barriers in accessing these practices including stigma; inadequate information; insufficient services to support families; limited access to available services, and a shortage of services in some areas. Many studies and commissions have presented detailed recommendations to address these needs. There is an urgent need to implement these recommendations. (Contains 4 exhibits.)

The Rehabilitation Act of 1973, together with the Education for All Handicapped Children Act of 1975, set in motion policy changes that have allowed many thousands of children and youth with disabilities in the United States the opportunity to gain the educational and vocational skills needed to transition to living, working, and participating as adults in community life. The debate continues as to whether these laws have gone far enough in making the changes needed to enable youth with disabilities to leave high school, attain postsecondary education and training, and achieve employment rates and levels of wages comparable to their peers without disabilities. In providing services to transition-age youth with disabilities who are still in secondary education, vocational rehabilitation (VR) agencies collaborate with state education agencies (SEAs), local education agencies (LEAs), and institutions of higher education (IHEs). The collaboration that occurs is based on meeting statutory requirements governing the vocational rehabilitation (VR) services program, the methods of ensuring services and transition services requirements in the Individuals with Disabilities Education Act, and the implementation of specific agency operations or initiatives. This report is a comprehensive assessment of the impact of the Rehabilitation Act on the employment and postsecondary education outcomes of eligible transition-age youth. The purpose of this study is to synthesize both quantitative and qualitative data on the impact that the Rehabilitation Act has had on the employment and postsecondary education outcomes of eligible transition-age youth. The study examines the extent to which VR's existing federal/state structure promotes the delivery of effective transition services to adolescents and young adults with disabilities, the long-term results of VR's investment in postsecondary education for individuals with disabilities, and the effectiveness of collaborative efforts among vocational rehabilitation, secondary and postsecondary education, and other service systems in the planning and delivery of transition services. The 11 recommendations that emanate from the study are directed to the U.S. Congress and to the Rehabilitation Services Administration, the Office of Special Education Programs (OSEP), and the National Institute on Disability and Rehabilitation Research (NIDRR) within the U.S. Department of Education. Seven recommendations address changes to current service delivery practices that are designed to improve transition outcomes for youth with disabilities. These recommendations are derived directly from data collected through the series of structured interviews and review of promising practices and are consistent with the quantitative data reported above. In addition, four recommendations are offered to guide future research in a way that will lead to sound data that can be used to assess the success of further services, validate evidence-based practices, and create new service delivery approaches. Appended are: (1) Comparison of the Organization of Rehabilitation Act of 1973 and Title IV of the Workforce Investment Act of 1998; (2) Titles and Sections of the Workforce Investment Act of 1998 that Address Programs and Services Applicable to Transition-Age Youth; (3) Panel of Experts; and (4) Mission of the National Council on Disability. (Contains 18 tables and 3 endnotes.)

This National Council on Disability (NCD) report defines or describes financial incentives affecting people with disabilities and presents research findings in key areas of people's lives, such as education and health care. It also describes selected state-level innovations affecting asset development and wealth accumulation. In addition, the report suggests several strategies for securing meaningful employment, career advancement, and benefits needed for daily living and accommodations. "The State of 21st Century Financial Incentives for Americans with Disabilities" recognizes that the potential for Americans with disabilities to become full citizens cannot and will not be realized without a redesign of public policy. To that end, this report offers recommendations that can increase opportunities for people with disabilities to become fully involved in the economic mainstream of American society. The Mission of the National Council on Disability is appended. (Contains 8 tables and 380 endnotes.)

The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the issue in the way a treaty monitoring body would--to see if any area within federal law contravenes the Convention and/or whether there are gaps where legislation or practice might be introduced or reformed to ensure compliance. The paper finds that, as a general matter, the aims of the CRPD are consistent with U.S. disability law. For the majority of articles, U.S. law can be viewed as either being of a level with the mandates of the Convention or capable of reaching those levels either through more rigorous implementation and/or additional actions by Congress. However, this paper also identifies several CRPD Articles that illustrate significant gaps between United States disability laws and the Convention. The body of the paper offers an analysis, by article, of the relationship between the CRPD and relevant sources of United States law. Although these analyses will generally proceed individually by CRPD article and in chronological order, at two points it deviates from this structure. First, the Preamble, Article 1 (Purpose), Article 3 (General Purpose), and Article 4 (General Obligations) are grouped together and compared with the legal framework in the United States affecting person with disabilities. Secondly, the paper groups Articles 33-40, which address monitoring and implementation, together in one discussion. It also contains a detailed appendix which includes the text of each article of the CRPD followed by a description of corresponding sources of central United States law. The appendix provides additional context to the discussion of the individual articles contained in the main body of the paper. (Contains 328 endnotes.)

This report is the result of a year-long effort by the National Council on Disability (NCD) to identify valid federal data and to describe the status of the U.S. population of Americans with disabilities. During the past 30 years, advocates, policymakers, and a variety of public and private organizations have undertaken significant efforts to improve the lives of people with disabilities, culminating in the passage or improvement of legislation such as the Americans with Disabilities Act (ADA), various sections of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Ticket to Work and Work Incentives Improvement Act, and others. Notwithstanding these various policies, little effort and progress has been made to measure and reflect upon the overall effectiveness and performance of these laws and policies, and their impacts on the quality of life for people with disabilities. In 2005, the Government Accountability Office (GAO) conducted a review of 200 federal programs located in 20 agencies that served individuals with disabilities. It identified the need to transform many of the programs it reviewed to keep pace with the changing expectations and challenges of the 21st century. In addition, most participants at a 2007 GAO forum on modernizing disability programs agreed that multiple indicators were needed to measure the success of disability programs and that these measures should include not only economic measures such as income and employment, but quality of life measures as well. "Keeping Track: National Disability Status and Program Performance Indicators" includes a set of statistical social indicators that NCD believes are currently able to measure the progress of people with disabilities in important areas of their life, over time. The report includes 18 indicators determined by stakeholders to measure "quality of life" using both objective and subjective measures. The indicators span a variety of life domains, including employment, education, health status and health cal status and security, leisure and recreation, personal relationships, and crime and safety. Collectively they will create a holistic representation of the lives of people with disabilities. The Mission of the National Council on Disability is appended. Additional appendixes are available at the NCD web site. (Contains 1 table and 18 exhibits.)

This report compares actual performance with the projected levels of performance set out in the National Council on Disability's (NCD's) annual performance plan. The findings of this report show a positive link between the allocated resources and NCD's performance. NCD's assessment review showed that it was successful in meeting its goals and achieving its intended results. NCD has applied taxpayer resources efficiently in a manner that maximizes the effectiveness of Government programs in serving the American people. NCD's FY 2007 activities promoted the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting increased access into daily community life-the core of your New Freedom Initiative. These efforts were based on NCD's strategic goals: (1) Make evidence-based public policy recommendations that can enhance the lives of people with disabilities of all ages and backgrounds; (2) Educate the public and elected officials on disability issues; (3) Promote effective delivery of federal services and programs to all people with disabilities, particularly unserved and underserved populations, such as people from diverse cultures, rural residents, and youth; and (4) Maintain NCD's status as a high performance organization. In conclusion, NCD continues to be a leader in the development and analysis of disability policy. The use of the "Annual Performance Report to the President and Congress--Fiscal Year 2007," as required by the Government Performance and Results Act, has greatly assisted NCD in carrying out its mission. The findings of this report clearly indicate that NCD has either met or exceeded the projected levels in its performance plan. [For the Fiscal Year 2006 Report, see ED503704.]

Two reports of the National Council on Disability (NCD), Livable Communities for Adults with Disabilities and Creating Livable Communities, set forth a livable community framework. These reports propose necessary changes in public policies regarding housing; transportation that is reliable and accessible; environments that are physically accessible, including work, education, and health care; and opportunities for participation in social and recreational activities. The intention of such change is to ensure that people with disabilities have all the opportunities and choices available to people without disabilities. All of these elements of change, with the exception of the accessibility of the physical environment, clearly apply to the estimated 24.6 million people with psychiatric disabilities. There is an additional accessibility need for people with psychiatric disabilities: attitudinal barriers continue to prevent people with psychiatric disabilities from full participation, barriers that provide segregated settings and prevent true community integration. To ensure full participation in the community by people with psychiatric disabilities, this report expands NCD's livable community framework to be fully inclusive. The Mission of the National Council on Disability is appended. (Contains 102 endnotes.)

The purpose of this report is to provide policymakers, primarily at the federal and state levels, with information about youth with disabilities in foster care, so that policymakers can begin to understand the characteristics of this population; the challenges they face; how they fare with regard to safety, permanency, self-determination and self-sufficiency, enhanced quality of life, and community integration; and how the complex array of existing programs and services could be better designed to improve these outcomes. While the federal investment in the multiple systems with which these youth come in contact is significant, the disconnectedness and lack of coordination across programs and agencies call into question the effectiveness of government efforts. Policy recommendations for improving coordination, holding systems accountable, developing leadership and the capacity of the system to work more effectively with these youth include: (1) Provide increased flexibility to states and communities so programs and services can be most effectively structured to meet the needs of youth with disabilities in foster care; (2) Increase federal support in the departments of Health and Human Services, Education, Justice, and Labor for research and demonstrations to identify effective policies and practices that lead to positive outcomes for youth with disabilities in foster care; (3) Improve training for foster care parents and increase recruitment of individuals willing to foster youth with disabilities; (4) Strengthen secondary and postsecondary educational supports for these youth to improve access and success; (5) Improve access to individualized, comprehensive transition services for youth with disabilities aging out of foster care; (6) Fund the Federal Youth Development Council, authorized by the Federal Youth Coordination Act, as well as similar federal coordinating efforts; (7) Strategically increase collaboration among the education, juvenile justice, child welfare, labor, dependency court, and health and mental health systems; (8) Require states to develop a common youth development approach across multiple systems to improve outcomes for all youth; (9) Improve training of youth professionals across systems; and (10) Provide resources and technical assistance to help states enhance their data collection and reporting systems. Four appendices are included: (1) Glossary; (2) Relevant Federal Programs and Systems; (3) Promising Practices and Exemplary Programs; and (4) Mission of the National Council on Disability. (Contains 450 endnotes.)

In 2004, the National Council on Disability (NCD) issued a report called "No Child Left Behind: Improving Educational Outcomes for Students with Disabilities," which examined the impact of No Child Left Behind (NCLB) and the Individuals with Disabilities Education Act (IDEA) on improving educational outcomes for students with disabilities. This report provides both a follow-up and a more detailed reporting of the trends and attitudes about NCLB and IDEA over the past several years. The authors spoke to dozens of researchers, practitioners, and state administrators from across the country about NCLB and IDEA. In addition, they conducted a study of 10 of the largest states in the nation, representing approximately half the U.S. general population. This report is divided into four sections. Part I provides a brief overview of trend data regarding students with disabilities. Part II describes conversations with state administrators and representatives about trends and issues related to NCLB and IDEA. Part III describes similar conversations with advocates, federal officials, and other stakeholders. Part IV provides recommendations based on the authors' findings. The following are appended: (1) Mission of the National Council on Disability; (2) Terminology; (3) Key Stakeholders Interviewed, March-May 2007; (4) Accountability Issues in the 10 States; (5) NCLB/IDEA Case Study Reports; and (6) State Data Tables. (Contains 137 tables and 381 endnotes.)

This National Council on Disability (NCD) annual progress report to the President and Congress covers the period December 2005 through December 2006. The report is divided into 13 chapters, each dealing with a major area of public policy. These subject-specific chapters are preceded by an introductory Major Trends section that identifies overarching themes and issues that are pertinent to many of the specific topics discussed throughout the report. Each year's Major Trends section addresses recurrent or important themes that have come to the fore during the reporting period. In that light, this year's Major Trends section reflects themes and concerns that emerge throughout the report, dealing with such urgent matters as the need for better data in the making of public policy, the chronic problem of unemployment among Americans with disabilities, the continuing high levels of dependency on public benefits among many Americans with disabilities, the absence of effective coordination in the design of various federal programs and in the activities of different federal agencies bearing on the same subjects or outcomes, and the need for greater accountability in the design of programs and in the assessment of agency performance. The Major Trends section highlights emerging issues that have come to the fore during the reporting period, and that NCD believes will be significant in policy discussion and program development during 2007. These emerging issues are as follows: pay-as-you-go budgeting, market-based regulation, asset-accumulation, and the Key National Indicators. The 13 chapters of this report address: (1) Disability Statistics; (2) Civil Rights; (3) Education; (4) Health Care; (5) Long-Term Services and Supports; (6) Children and Youth; (7) Employment; (8) Welfare Reform; (9) Housing; (10) Transportation; (11) Assistive Technology and Telecommunications; (12) International Affairs; and (13) Homeland Security. Information on the mission of the National Council on Disability is appended. (Contains 147 endnotes.) [For the 2004-2005 report, see ED494523.]

This report compares actual performance with the projected levels of performance set out in the National Council on Disability's (NCD's) annual performance plan. The findings of this report show a positive link between the allocated resources and NCD's performance. NCD's assessment review showed that it was successful in meeting its goals and achieving its intended results. NCD's FY 2006 activities promoted the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting increased access into daily community life-the core of your New Freedom Initiative. These efforts were based on NCD's strategic goals: (1) Make evidence-based public policy recommendations that can enhance the lives of people with disabilities of all ages and backgrounds; (2) Educate the public and elected officials on disability issues; (3) Promote effective delivery of federal services and programs to all people with disabilities, particularly unserved and underserved populations, such as people from diverse cultures, rural residents, and youth; and (4) Maintain NCD's status as a high performance organization. Through its efforts, NCD had a significant impact on the lives of people with disabilities and their families all over the world. Today, there are more than 50 million Americans with disabilities, 20 percent of the U.S. population. About half of these individuals have a severe disability, affecting their ability to see, hear, walk, or perform other basic functions of life. In conclusion, NCD continues to be a leader in the development and analysis of disability policy. The use of the "Annual Performance Report to the President and Congress, Fiscal Year 2006," as required by the Government Performance and Results Act, has greatly assisted NCD in carrying out its mission. The findings of this report clearly indicate that NCD has either met or exceeded the projected levels in its performance plan. [For the Fiscal Year 2005 report, see ED496297.]

This paper explores the need to adopt legislative and regulatory safeguards to guarantee equal access by people with disabilities to evolving high speed broadband, wireless and Internet-based technologies. Recommendations include: (1) Communications Access--FCC or Congress: Extend the telecommunications accessibility requirements of Section 255 of the Communications Act to Internet-based services and equipment. Disability safeguards under the new legal protections should include, among other things, accessible and compatible user interfaces on end-user equipment; a common standard for reliable and interoperable text and video IP and wireless communications; redundant ways of controlling devices and services; and access to user guides and technical support; (2) Video Programming Access--FCC or Congress: Clarify that existing captioning obligations apply to IPTV and other types of multi-channel video programming services that are Internet-based; (3) Universal Service--FCC or Congress: Allow Universal Service Fund (USF) support for broadband services to low-income individuals with disabilities, so that these individuals can choose between public switched telephone network or broadband services when they are entitled to Lifeline and Link Up-type funding. Require all IP-based providers (not only interconnected Voice over Internet protocol providers, as is currently required) to contribute to the USF treasury; (4) Americans with Disabilities Act--FCC or Congress: Require IP-based providers to contribute to interstate relay funds. U.S. Department of Justice or Congress: Clarify that Web sites are covered under Title III of the Americans with Disabilities Act; and (5) Section 508 of the Rehabilitation Act: Legislative Change--Expand Section 508's coverage to entities that are otherwise covered under Sections 503 and 504 of the Rehabilitation Act. (Contains 130 endnotes.)

This policy paper explores key trends in information and communication technology, highlights the potential opportunities and problems these trends present for people with disabilities, and suggests some strategies to maximize opportunities and avoid potential problems and barriers. Specifically, this paper discusses technology trends that present opportunities for universally designed products, and for improved availability, usability, and affordability of assistive technology that can have significant impact on quality of life for people with disabilities. The first trend discussed is the ever-increasing computational power plus the decreasing size and cost of technology--resulting in technology that is more portable, affordable, and for which it is easier to build in access. Second, advances in interface technology are creating new opportunities for better assistive technologies, more accessible mainstream technologies, and entirely new ways for users to control both. Third, new advances will soon enable people to be connected to communication and information networks, at any time, wherever they are--making real time assistance only a button press or voice command away. Finally, the proliferation of virtual places via the World Wide Web is changing the way we approach communications, education, work, and commerce, increasing access to goods and services without the need to leave home. Seven general action items are advanced and discussed: (1) Maximize the effectiveness of assistive technologies and lower their cost--in order to maximize people's general abilities and independence. Key strategies: Foster results-oriented R & D all the way to commercial availability; (2) Maximize the accessibility of mainstream information and communication technology products, so that people with disabilities and seniors can use standard products as they encounter them. Key strategies: Increase funding for research, proof of concept, and commercial hardening of approaches to accessible design of mainstream products to advance understanding in this area; craft accessibility regulations so as to help employees build business cases; (3) Ensure that access to the Internet and other virtual environments is provided, as it has been to physical places of public accommodation; (4) Address new barriers to the accessibility of digital media caused by digital rights management (DRM), including when visual and audio rights are sold separately; (5) Base all policy regarding information and communication technology (ICT) accessibility on a realization of the importance of the business case. Where a solid business case cannot be built based on market forces alone, create accessibility regulations and effective enforcement mechanisms that provide a clear profit advantage to those who comply and a disadvantage to those who do not; (6) Create accessibility laws and regulations that are not technology specific, but are based on the functions of a device. Provide clear guidance as to what is sufficient to meet the standard, and allow requirements to index themselves to technologies, as they evolve, using baselines. To the extent possible, harmonize laws and regulations with those of other countries for products that are sold internationally; and (7) Ensure that up-to-date information about accessible mainstream technology (AMT) and assistive technology (AT) is available to and being used by the public.

This report's 13 chapters address disability statistics and research, major trends, statistics, civil rights, Education, health, and long-term services and supports, children and youth, employment and the workforce development system, welfare reform, housing, transportation, assistive technology and telecommunications, international affairs, and homeland security. Each chapter starts with an Introduction with background information. Chapter recounts developments of importance from the previous year. They describe the key issues likely to emerge or open for discussion in 2004 to 2005, and address long-term trends and interconnections between subject areas that NCD believes must inform this analysis. Each chapter also contains detailed recommendations, addressed to specific agencies or decision makers. The final section of the report is a compilation of the recommendations into three sub-sections directed to Congress, the Administration, and specific federal agencies and courts. (Contains 204 endnotes.)

This report identifies barriers to developing livable communities and sheds light on potential methods for overcoming these barriers. It identifies and highlights multiple strategies that may be applied to the design and support of livable community principles. The identified strategies have been initiated by federal and state government agencies as well as the private sector. These entities have recognized the power of collaboration and use of distinct tools to guide and stimulate systemic changes to make communities more livable for all. The highlighted strategies touch all facets of what livable communities do, that is provide residents with: (1) affordable, appropriate and accessible housing; (2) affordable, accessible, reliable, and safe transportation; (3) work and education opportunities; (4) health and support services; and (5) civic, cultural, social, and recreational participation opportunities. The examples presented in the report offer an optimistic view of the possibilities to change the way government organizes and manages resources, interacts with the business community and community developers, and responds to the expectations of evolving consumer interests, needs, and preferences for more choice and control in the delivery of support services. Six strategies to improve community livability are presented. These are: Strategy One: Agreement on changes in the collection and management of, and access to, multiple agency information about programs and benefits in order to be consumer responsive; Strategy Two: Utilization of favorable tax treatment (e.g. tax credits) to stimulate change in individual and corporate behavior that encourages investment in livable community objectives; Strategy Three: Agreement on common performance measures across multiple federally funded programs; Strategy Four: Utilization of private sector match to competitively secure public funding and stimulate public-private sector partnerships; Strategy Five: Agreement on changes in infrastructure to consolidate administration of multiple programs and improve ease of access; and Strategy Six: Utilization of waiver authority to promote state options to advance consumer choice and community participation. Several recommendations for action are detailed. The Mission of the National Council on Disability is appended. This report is the sequel to an earlier report entitled, "Livable Communities for Adults with Disabilities" [ED485694], dated December 2004. (Contains 6 tables.)

This paper focuses on the effects of the hurricanes on people with all types of disabilities. The National Council on Disability (NCD) released another report that addressed in detail the specific challenges for people with psychiatric disabilities. Please refer to "The Needs of People with Psychiatric Disabilities During and After Hurricanes Katrina and Rita: Position Paper and Recommendations" for a more detailed report about the population of mental health consumers affected by the hurricanes. Additionally, although the focus is on the emergency preparedness and response to Hurricanes Katrina and Rita, many of the problems addressed in this paper are systemic in nature and were not caused solely by the hurricanes. The challenges faced by people with disabilities during and after the Hurricanes, while unique in scope and proportion, were similar to the challenges people with disabilities face on a day-to-day basis. Therefore, many of the findings and recommendations related to Hurricanes Katrina and Rita echo NCD's previous research on improving the daily quality of life of people with disabilities. When America embraces the twin principles of inclusion and accessibility for everyday programs, policies, and infrastructure, Americans with disabilities surely will be counted among the survivors of the next disasters. NCD made detailed recommendations for disaster preparedness in its 2005 report, "Saving Lives: Including People with Disabilities in Emergency Planning. Since Hurricanes Katrina and Rita," many interested policymakers and emergency planners have used NCD's research to make their emergency plans more inclusive of people with disabilities. Some of the key recommendations from that report, along with recommendations based on lessons learned from Hurricanes Katrina and Rita, are included in this report under the Recommendations for Emergency Preparedness section. A section on Education details the crucial challenges for disaster recovery efforts in continuing the education of student-evacuees while rebuilding educational services on the Gulf Coast. (Contains 89 endnotes.)

This report compares actual performance with the projected levels of performance set out in National Council on Disability's (NCD) annual performance plan. The report shows a positive link between the allocated resources and NCD's performance. NCD's assessment review showed that it was successful in meeting its goals and achieving its intended results. NCD's FY 2005 activities promoted the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting increased access into daily community life--the core of the President's New Freedom Initiative. These efforts were based on NCD's strategic goals: (1) Make evidence-based public policy recommendations that can enhance the lives of people with disabilities of all ages and backgrounds; (2) Educate the public and elected officials on disability issues; (3) Promote effective delivery of federal services and programs to all people with disabilities, particularly unserved and underserved populations such as people from diverse cultures, rural residents, and youth; and (4) Maintain NCD's status as a high performance organization. Included in this report are NCD's activities in expanding educational opportunities for youth with disabilities in FY 2005. The report concludes by stating that the findings of this report clearly indicate that NCD has either met or exceeded the projected levels in its performance plan. [For Fiscal Year 2004 report, see ED485687.]

This paper discusses the National Council on Disability's role in the passage of the Americans with Disabilities Act (ADA) and the continuing efforts of the Council in evaluating the implementation, effectiveness and impact of the ADA. Since its inception in 1978, the National Council on Disability (NCD) has been at the forefront in advocating for effective policy that establishes equal opportunities for people with disabilities. The Americans with Disabilities Act (ADA) of 1990 was the watershed event for advancing the civil rights of people with disabilities. The ADA's "clear and comprehensive national mandate for the elimination of discrimination against people with disabilities" in which sweeping protections were provided in employment, public services, public accommodations and services operated by private entities, transportation and telecommunications has been the impetus for a revolution in the inclusion, integration and empowerment of Americans with disabilities.

Through collaboration with its stakeholders, the National Council on Disability (NCD) will pursue a focused agenda that will promote government programs and policies in support of full inclusion of all people with disabilities into the educational, economic and social fabric of the American community. NCD will use the expertise of its diverse membership and well-trained and well-managed staff to identify barriers to inclusion and independence and to develop solutions. NCD will listen to people with disabilities across the country to identify emerging issues that need a response. As the only agency in the Federal Government that addresses the issues of all people with disabilities, regardless of type or severity, NCD will be aggressive and resolute until the day arrives when people with disabilities in every corner of the land no longer are distinguished by a disability label, but are known as students, workers, parents, neighbors and friends. Mission Statement NCD's mission is to promote the full inclusion, independent living and economic self sufficiency of people with disabilities of all ages and backgrounds by providing advice, analysis, and recommendations on disability policy to the President, Congress, and other federal entities.

This report's 13 chapters address disability statistics and research, civil rights, education, health care, long-term services and supports, youth, employment and the workforce development system, welfare reform, housing, transportation, assistive technology and telecommunications, international affairs, and homeland security. Each chapter recounts developments of importance from the previous year, describes the key issues likely to emerge or open for discussion in 2004, and addresses long-term trends and interconnections between subject areas that NCD believes must inform our analysis. Each chapter also contains detailed recommendations, addressed to specific agencies or decision makers. The chapters call for actions that NCD has concluded would contribute to improvement of the opportunities available in society for people with disabilities. For easy reference, these recommendations are numbered and grouped by targeted institutions--Congress, the Administration, implementing entities, and courts--at the end of each chapter. The final section of the report is a compilation of the recommendations into three sub-sections directed to Congress, the Administration, and specific federal agencies and courts. Appended are: (1) Mission of the National Council on Disability; and (2) List of Acronyms. (Contains 162 endnotes.)

Many Americans with disabilities feel that a series of negative court decisions is reducing their status to that of "second-class citizens," a status that the Americans with Disabilities Act (ADA) was supposed to remedy forever. In this report, the National Council on Disability (NCD), which first proposed the enactment of an ADA and developed the initial legislation, offers legislative proposals designed to get the ADA back on track. Like a boat that has been blown off course or tipped over on its side, the ADA needs to be "righted" so that it can accomplish the lofty and laudable objectives that led Congress to enact it. In an effort to return the ADA to its original course, this report offers a series of legislative proposals designed to do the following: (1) reinstate the scope of protection the Act affords; (2) restore certain previously available remedies to successful ADA claimants; and (3) repudiate or curtail certain inappropriate and harmful defenses that have been grafted onto the carefully crafted standards of the ADA. The following is appended: Mission of the National Council on Disability.

The National Council on Disability (NCD) undertook this research to understand the market for universally designed mainstream consumer products and services, document successful universal design (UD) development processes, understand consumer needs, understand facilitators and barriers, and identify and address current issues in universal design. This research comes at a time when understanding and incorporating UD into the development process are most crucial, within a window of opportunity for implementing section 508 of the Rehabilitation Act. Section 508 governs the purchase of accessible electronic and information technology purchased by the Federal government. Despite having been in place for nearly three years, section 508 has yet to reach its potential. One of the greatest shortfalls of Section 508 is the lack of understanding of and attention to the functional performance requirements. If progress is not made quickly in improving the skills of government and industry employees on accessibility issues, the window will soon shut with little having been accomplished. If industry does not see that federal agencies are serious about implementing section 508 in a consistent manner, companies will shift the monetary and human resources needed for improving accessibility to produce development opportunities that offer a higher return on investment.

Twenty years ago, a minuscule advisory body in the Department of Education (ED), known then as the National Council on the Handicapped, was elevated to the status of an independent federal agency. The legislation that made what is now called the National Council on Disability (NCD) independent also gave it an ambitious agenda that greatly exceeded its size and modest resources. Among other duties, it was charged with reviewing all federal laws and programs affecting people with disabilities and assessing the extent to which those laws and programs encouraged the establishment of community-based services; promoted full integration in the community, schools, and the workplace; and contributed to the independence and dignity of people with disabilities. NCD was then directed to use this assessment to recommend legislative proposals to increase incentives and eliminate disincentives in federal programs. Finally, NCD was to present this information in a report to the President and Congress. To complete this imposing task, NCD?s 15 part-time Council members and its small staff were given two years. These responsibilities were in addition to other ongoing, statutorily mandated duties such as establishing general policies for and overseeing research activities sponsored by the National Institute on Disability and Rehabilitation Research (NIDRR); reviewing and evaluating federal rehabilitation programs; and advising the President, Congress, the Commissioner of Rehabilitation, the appropriate Assistant Secretary of ED, and the Director of NIDRR on the development of programs carried out under the Rehabilitation Act. In periodic revisions to NCD?s statutory mission, Congress has not only continued most of the original duties assigned to NCD but has added more. This report describes only the highlights and mentions some of the Council?s most significant activities, publications, and initiatives. The report is divided into chapters based on the leadership of the agency, iristo, and Frieden. A listing of reports published by the agency is also included, along with the mission statement.

This paper explores how attitudes and expectations for students with disabilities are changing as a result of the No Child Left Behind Act (NCLB) and the impact of the Individuals with Disabilities Education Act (IDEA). Overall, there is strong support for increasing expectations for students with disabilities and helping them to improve their academic outcomes. At the same time, there is concern about how states and schools will manage this process, largely as a function of lack of knowledge of effective interventions and strategies. At times there appears to be some lack of will to undertake the difficult change, and fall back on excuses, but findings reveal a hope that these laws and policies will result in more equitable outcomes for students with disabilities. Many respondents in interviews indicated that the focus on closing the achievement gap for certain student groups, such as students with disabilities, was a very laudable and necessary goal. One of the main messages is to change the low expectations people have for students with disabilities. Findings also show that there is a great deal of concern about how educators will respond to the possible poor performance by students with disabilities on standardized assessments and high stakes tests. The pressure to meet adequate yearly performance (AYP) and the use of high stakes tests to measure it is leaving states and districts with little time to think constructively how best to do that. This document is organized in the following sections: (1) Policies to Support Positive Outcomes for Students with Disabilities; (2) Evidence Based Research and Practice; and (3) Conclusions and Recommendations. The following are appended: (1) Interview Protocol; and (2) Evidence-Based Practices.

Every 10 years, the U.S. Census Bureau conducts a complete accounting of every resident in the United States. While there is no Congressional mandate requiring an accurate enumeration of Americans with disabilities by the Decennial Census, communities and people with disabilities will be affected if the Decennial Census is inaccurate. Census data are used by educators, policymakers, and community leaders and directly affect funding for many programs critical to individuals with disabilities, including programs for health care, transportation, employment training, and housing. Federal, state, and county governments use Census information to guide the annual distribution of hundreds of billions of dollars in critical services and supports. While there have been some improvements in the use of a few disability questions and interview methodology in the Decennial Censuses for the past 30 years, those improvements have been small and incremental. Cash-strapped states are grappling with major unmet human service needs, and increasing numbers of people require a range of services and supports from federal-state programs, underscoring the need for provision of accurate Decennial Census data (and related federal survey data) to states and locales. This paper addresses these issues and provides some recommendations for consideration by the Federal Government which include: (1) The U.S. Congress should legislatively require an official and accurate enumeration of Americans with disabilities through the Decennial Census, through related national Census-like efforts; (2) The U.S. Census Bureau should immediately revise Census questions for the Year 2010 Census (and the American Community Survey) to reflect the ADA definition; and (3) The Bureau of Labor Statistics should finish its work with all due haste under the Executive Order 13078.

This report is the product of a project that examined services to people with disabilities living on American Indian or Alaska Native (AI/AN) tribal lands. Research such as the American Indian Disability Legislative Project and other studies on health, rehabilitation, independent living, and education issues that affect people with disabilities living in Indian country were surveyed. It also considered views and perspectives of AI/AN people with disabilities, tribal leaders, and federal agency representatives. This report reviews the literature, reports on interviews with stakeholders, and examines and recommends improvements in government-to-government (including sovereign tribal governments) relationships. The report makes the following major recommendations: (1) fulfill the federal trust responsibility to AI/AN tribes and the national mandate for the elimination of discrimination against individuals with disabilities; (2) ensure meaningful consultation and involvement of people with disabilities and tribal leaders; (3) provide tribes with better access to federal resources and funded programs; (4) develop cultural competence within federal agencies and increase agencies' interaction with tribes; (5) include disability issues among tribal priorities and federal initiatives in tribal communities. Seven appendices provide additional documentation such as interview guides, case studies, and community stories of innovation. (DB)

This paper addresses the issue of how the Americans with Disabilities Act (ADA) applies to commercial and other private sector Web sites. Beginning with a brief discussion of the role electronic communication plays in our lives, the paper then considers the placement of the ADA in the context of current technology and of computer usage in the country. The paper next analyzes the legal background to the ADA and Internet access issues, pointing out authorities and scholarship on both sides of the question. The paper goes on to identify the narrow legal issues, bearing most upon the definition of the word "place" in Title III of the ADA. It analyzes the meaning and application of this term, in light of the ADA's legislative history, its plain meaning, and court decisions applying this term in nontechnology-based settings. The paper concludes that the law does clearly contemplate the coverage of the Internet by Title III of the ADA. Finally, the paper explains the practical and economic arguments that should guide those implementing the law, suggesting strategies by which the accessibility principle can be broadly implemented without disruption and with benefit to consumers and businesses alike. (Contains 87 references.) (DB)

This annual report of the National Council on Disability surveys major legal and policy developments during the year 2002 and offers recommendations for legal/policy measures and for research. The first chapter identifies legal and policy issues that cross traditional areas, focusing on six themes: (1) the mainstreaming of disability issues; (2) the rise of the technical assistance model; (3) evidence-based decision making; (4) cost-effectiveness; (5) intergovernmental coordination; and (6) budgetary constraint. The following chapters summarize findings and offer recommendations for the following areas: disability statistics and research; civil rights; education; health care; long-term services and supports; youth; employment; welfare reform; housing; transportation; assistive technology and telecommunications; international issues; and homeland security. Concluding chapters list the recommendations presented in each chapter and summarize major activities of the National Council on Disability. (Contains 120 references.) (DB)