Vermont Coalition for Disability Rights
The Vermont Coalition for Disability Rights (VCDR) is a cross-disability advocacy organization that seeks to increase awareness of disability issues and effect systemic change through legislative and administrative processes. VCDR staff work closely with member organizations to empower people with disabilities, thus enabling them to directly participate in legislative decisions which will expand their civil rights.
Please take the time to visit our site and feel free to contact us with any questions you may have.
What's New:
VCDR's 2010 Legislative Platform
Budget and Policy Priorities
Policy commitments that have been built over the last two decades must be preserved. Programs and policies with long-term financial and social benefits must not be sacrificed to reduce temporary budget shortfalls. Approaches that make self-determination, health, independence, safety, work, and community participation possible are good investments.
We believe that Vermont lawmakers need to find a more balanced approach to the budget crisis - one that will address the very real and immediate revenue concerns while maintaining Vermont's commitment to policies and programs that work for Vermont.
VCDR will be advocating for maintaining current Medicaid benefits and the Medicaid long-term care services that individuals with disabilities of all ages depend on to maintain their health and independence. We will also advocate for successful state-funded programs that make health, independence, community participation and work possible.
Cuts in budgets and staff positions have already lessened the ability of state and nonprofit agencies to operate essential programs and maintain both policy and service commitments to Vermonters with disabilities. We will continue to monitor the impact of existing cuts and oppose those that reduce the quality, effectiveness and availability of disability services.
Vermont's peer-run programs and services must be protected. Programs and services run by Vermonters with disabilities offer resources and support that cannot be found elsewhere. These programs, (which include Vermont Psychiatric Survivors, Green Mountain Self-Advocates, and Another Way Drop-In Center), as well as peer-run newspapers The Independent and Counterpoint, are dependent on state support for their survival. As the state budget crisis escalates we cannot afford a reduction in Vermont's commitment to self determination and to peer-run recovery services.
Policy Bills
TBI Trust Fund: VCDR supports legislation to establish a trust fund, as 20 other states have, to provide a source of revenue dedicated to filling the gaps in services and support for people with brain injuries and to develop programs designed to reduce the incidence of brain injury in Vermont. The proposed trust fund would be financed either by a $1 surcharge on motor vehicle registrations or by dedicating a portion of penalties for violation of motor vehicle safety statutes, including DUI (in recognition that a substantial percentage of brain injuries in Vermont result from negligent operation of motor vehicles, especially drunken driving). A TBI Fund was set up at the end of the 2008 legislative session with onetime funding but without ongoing funds. BIA and VCDR are also asking for state funds to help support a successful pilot program for injured veterans.
H 467 An act relating to extending to interstate highways incrementally higher point system penalties for different degrees of speeding and imposing enhanced penalties on super speeders with proceeds to benefit the Vermont traumatic brain injury fund. Legislation sit in House Transportation. Sponsored by Michel Consejo
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-467.pdf
Protection of Service Animals: VCDR supports legislation to (1) prohibit a person from interfering with any service animal in training or performance of its duties; (2) establish penalties for cruelty to a service animal or for killing of a service animal; and (3) permit an owner or user of a service animal that has been harmed to obtain restitution from or file a civil action against the person who carried out such violations. H.524 was introduced this session and was passed by the House before Town Meeting break. Senate version is S.261.
H. 524, Guide Dog bill as passed by the House
http://www.leg.state.vt.us/docs/2010/bills/House/H-524.pdf
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-261.pdf
Respectful Language Legislation: VCDR supports legislation to make sure that the Vermont Legislature and state agencies use respectful language when referring to individuals with disabilities in the preparation of legislation and rules. Such legislation will promote use of "people first" language and prohibit use of outdated and disrespectful terms, such as "mental retardation."
Positive Behavioral Supports: VCDR supports legislation or strong regulation promoting the use of positive behavioral supports and restricting and carefully regulating any use of restrictive behavioral interventions (restraint, seclusion, or aversives) in all of Vermont's primary and secondary educational settings. H.400 currently sits in House Education.
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-400.pdf
"Walk with Your Class" Legislation: VCDR supports legislation to allow students with disabilities who will be continuing their secondary school activities to join their classmates in the graduation ceremony and other senior year celebrations and activities. H. 66, legislation introduced last year and H.511 are currently being discussed in House Education. This bill proposes to ensure that each district adopt a policy to allow a secondary student to join his or her age-appropriate peers in all senior year activities and ceremonies, and receive a provisional diploma, even if the student's individualized education plan (IEP) or 504 plan, or both, anticipate that the student will need more than four years in which to complete all graduation requirements, unless the student's IEP or 504 team determines that participation is not in the student's best interest. A parent who disagrees with the team's determination may authorize participation.
H.66 legislation was passed by the House before Town Meeting break.
H.66 Graduation bill as passed by the House
http://www.leg.state.vt.us/docs/2010/bills/House/H-066.pdf
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-511.pdf
Preservation of Rights of Individuals with Mental Health Issues: VCDR will monitor proposed legislation that may diminish the civil rights of people with mental health issues. With the emphasis on movement of services from the Vermont State Hospital to community settings, it is important that due process in involuntary treatment and other rights to self-determination are not compromised. S.189 proposed to require a parent or legal guardian, but not a minor, to consent to the examination of the minor under 14 years of age by a physician for the purpose of determining whether the minor is in need of involuntary mental health treatment, and it provides for a judicial review process. Currently the bill sits in Senate Judiciary.
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-189.pdf
Pain Management and End-of-Life Care: VCDR supports legislative initiatives to improve pain management services available to Vermonters throughout life and the improvement of end-of-life care and pain management in Vermont. VCDR opposes any legislation legalizing physician-assisted suicide (sometimes called "End of Life Choices" or "Death with Dignity" legislation). We would prefer to see Vermont policy and legislative efforts focus on making real improvements in and increasing and equalizing access to needed end-of-life and chronic pain services. (No PAS legislation has been introduced for fiscal year 2010 but proponents have said that they will be reintroducing legislation in the future.)
S.179 This bill proposes to require hospitals to provide a patient with the opportunity to complete an advance directive form or opt out of completing such form at the time of hospital or emergency room admission. Sits in Senate Health and Welfare.
S.179 An act relating to advance directive forms during hospital admission
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-179.pdf
Disability Parking Fines: VCDR supports legislation to increase the fine for illegally using parking spaces that are reserved for individuals with disabilities. S.150 increases the fine for illegally parking in spaces reserved for those with disabilities from $100 to $150. The bill currently sits in Senate Transportation.
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-150.pdf
Transportation Funding: VCDR supports legislative initiatives to preserve and increase community transportation and public transit funding, including state and federal funds for both critical care transportation and for senior and disability transportation.
Work Incentives: VCDR supports and will monitor efforts by the administration and/or the Legislature to expand Vermont's work incentive benefits, including expanding eligibility and asset protections in Vermont's Medicaid for Working People with Disabilities Program.
Other Budget Concerns and Priorities
Communication Support Project: VCDR supports funding for the administration of the Vermont Communication Support Project. The program provides communication supports to individuals with cognitive and other disabilities during court and administrative procedures. Without this service, individuals with cognitive disabilities are not able to understand and fully participate in legal and judicial activities that impact their lives.
Peer Navigators/Family Support Initiative: VCDR supports an appropriation of $250,000 for Vermont's Peer Navigators (PN). PNs have been working with families with parents with disabilities and with children with disabilities to connect them to appropriate services and supports. Grant funding will run out at the end of June, 2010.
Vehicle Modification Funds: VCDR supports Vermont Family Network's request for an allocation of $318,000 to assist families with expenses relating to modifying a van or other vehicle required to make the vehicle accessible to children whose medical condition requires adaptive equipment and/or a wheelchair.
CSHN Respite: VCDR supports a $55,000 increase in the Vermont Department of Health's current budget for the Children with Special Health Needs Respite Program: first, adding an estimated $55,000 to restore the program to 2008 funding levels of $350,000; and also adding an additional $130,000 to bring this program funding parity with the Developmental Services Flexible Family Funding program. Internal transfers have been hard to track, but these numbers will be updated as new budget figures emerge.
Early Periodic Screening, Diagnosis and Treatment: VCDR calls for careful monitoring of the use of the $2.4 million in the SFY 2008-2009 budget and funds included in the 2009-2010 budget (amounts unclear) which were intended to support full implementation of EPSDT services (especially case management and rehabilitative therapies) for Vermont's Medicaid-eligible children. The request for monitoring is intended to address two issues: assurance that the funds will be allocated to their intended purposes and to assess whether this funding is adequate to cover mandated EPSDT services.
Other Issues We Are Following
VCDR will continue to monitor and support any efforts to expand S.271 to allow family court to consider requests to extend child support for an individual with physical, mental, or developmental disabilities beyond the age of 22. Senator Lyons has introduced the bill and it now sits in Senate Judiciary.
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-212.pdf
VCDR will continue to monitor education finance and reform initiatives and appropriations to ensure that the rights and interests of students with disabilities and their families are protected.
S.241 This bill proposes to preclude the possibility of a conflict of interest arising from mediation or an administrative due process hearing related to the provision of special education services. It would do so by transferring to the agency of administration all administrative responsibilities for special education mediation and administrative due process hearings that are currently performed by the department of education. Sits in Senate Ed.
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-241.pdf
VCDR will monitor legislation or initiatives emerging from recent reports, summer studies and administrative or legislative task forces such as the guardianship study, continued efforts to enhance and support Vermont's direct care workers, and sustaining long-term care services for individuals with disabilities and seniors and transition services for youth with disabilities that create equal opportunities for independence, self determination, community participation and work.
Insurance Coverage for Hearing Aids: VCDR supports H.699, which requires health insurance plans to offer coverage of hearing aids and limits enrollee cost sharing to no more than 20% co-insurance.
Transportation Funding: VCDR supports legislative initiatives to preserve and increase community transportation and public transit funding, including federal funds for both critical care transportation and for senior and disability transportation.
Work Incentives: VCDR supports and will monitor efforts by the administration and/or the Legislature to expand Vermont's work incentive benefits, including expanding eligibility and asset protections in Vermont's Medicaid for Working People with Disabilities Program. The following list includes bills VCDR endorses and legislative proposals we are monitoring because of their potential negative impact on community inclusion and disability rights. H 507-. An act relating to fostering connections to success in guardianships
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-507.pdf
This bill proposes to modify permanent guardianship law for children to comply with new federal provisions and enable guardians to access federal funds for guardianships. Passed the House and now sits in Senate Health and Welfare.
H 543- An act relating to uniform adult guardianship and protective proceedings jurisdiction.
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-543.pdf
This bill proposes to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in Vermont. The act establishes which state has jurisdiction to make the initial guardianship decision, provides for transfer of guardianship cases between jurisdictions, and allows recognition of an out-of-state guardian's authority to deal with issues in the state on a limited basis. It sits in Judiciary.
H 534- An act relating to fiscal year 2010 budget adjustment
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-534.pdf
H 687 An act relating to accessibility standards for public buildings
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-687.pdf
This bill proposes to clarify that vertical lifts or limited use-limited access elevators may be used to provide vertical access in public buildings unless a full passenger elevator is required by federal law. Sits in House Health Care.
H 616 - An act relating to involuntary mental health treatment
http://www.leg.state.vt.us/docs/2010/bills/Intro/H-616.pdf
This bill proposes to amend the admissions process for involuntary mental health treatment. The bill is sitting in House Human Services.
S 176 AN ACT RELATING TO ESTABLISHING A STATEWIDE PRESCRIPTION DRUG FORMULARY
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-176.pdf
This bill proposes to establish a statewide prescription drug formulary.
In Senate Health and Welfare.
S 194. An act relating to property tax relief for disabled veterans
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-194.pdf
This bill proposes to provide property tax relief to disabled veterans.
In Senate Finance.
S 242 An act relating to ensuring a free and appropriate education for a child with a severe disability whose needs are best met at home
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-242.pdf
This bill proposes to ensure that a parent is not financially precluded from enrolling a severely disabled child in a home study program by (a) providing an annual payment from the education fund to the parent in an amount equal to the average announced tuition for the year and (b) seeking a federal waiver that would allow a parent to be named and receive payment as a child's personal care attendant. Sits in Senate Education.
S. 244 S An act relating to creating a pilot regional center on autism spectrum disorders to serve Chittenden County
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-244.pdf
This bill proposes to require the agencies of human services, of commerce and community development, and of transportation and the departments of education and of labor to select and oversee a nonprofit entity that will develop and implement a pilot center on autism spectrum disorders (ASD) pursuant to a contract with and funding from the agency of human services. Bill sits in Senate Government Operations.
S 262 An act relating to insurance coverage for autism diagnosis and treatment
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-262.pdf
This bill proposes to require health insurers to cover diagnosis and treatment of autism spectrum disorders. Sits in Senate Finance.
S 266 An act relating to rights of workers' compensation claimants
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-266.pdf
This bill proposes to provide for employer penalty for late payment of benefits; permit an injured employer to video insurance medical examinations; and change the burden of proof regarding termination of temporary total disability benefits.
Bill is in Senate Economic Development, Housing, and General Affairs.
S 267 An act relating to home- and community-based health services for senior citizens
http://www.leg.state.vt.us/docs/2010/bills/Intro/S-267.pdf
This bill proposes to define "home- and community-based services" to include housing which includes specified senior services. Sits in Senate Health and Welfare.