Here are the materials for the 1997 Washington Seminar...
David Andrews
For more information contact:
James Gashel
Director of Governmental Affairs
NATIONAL FEDERATION OF THE BLIND
1800 Johnson Street
Baltimore, Maryland 21230
(410) 659-9314
LEGISLATIVE AGENDA
1997
FROM: Members of the National Federation of the Blind
TO: Members of the 105th Congress
RE: Legislative Priorities of Blind Americans
Public policies and laws affecting blind people have a
profound impact on our entire society. Most people know someone
who is blind. It may be a friend, a family member, or a co-
worker on the job. The blind population in the U. S. is
estimated to exceed 700,000. Fifty thousand Americans become
blind each year. By themselves, these numbers may not seem
large, but the social and economic consequences of blindness
directly touch the lives of millions. In the form of its social
consequences and to some extent its economic consequences,
blindness affects virtually everyone.
Public policies and laws that result from misconceptions
about blindness or lack of information are often more limiting
than the loss of eyesight itself. This is why we have formed the
National Federation of the Blind. The Federation's leaders and
the vast majority of the members are blind, but membership is
open to anyone who wants to join in the effort we are making to
win understanding and equality in society.
Our priorities for the first session of the 105th Congress
reflect an urgent need for action in three specific areas of
vital importance to the blind this year.
(1) Congress should restore work incentive equity for blind
individuals by re-enacting the identical earnings exemption
threshold for blind and senior citizen beneficiaries under title
II of the Social Security Act. This proposal seeks to reduce (or
eliminate altogether) the work disincentive of the Social
Security earnings limit as it now affects blind beneficiaries.
In spite of a law passed in 1977 creating a logical and identical
earnings exemption threshold for blind people and retirees,
beneficiaries who are blind were singled out for exclusion from a
series of seven specified annual increases in the exempt amount
mandated under a new law solely for seniors. This means that a
lower earnings limit for the blind--$12,000 as compared to
$13,500--is now in effect. By 2002, when the exemption for
seniors becomes $30,000, the lower limit created by Congress for
the blind in 1996 will be less than half the amount allowed for
seniors unless the law is changed.
People of working age who are blind must not be forgotten
now that the earnings exemption for retirees has been raised.
Just as with hundreds of thousands of seniors, their positive
response to the higher amounts of earnings allowed will bring
additional revenues into the Social Security trust funds. The
chance to work, earn, and pay taxes is a constructive and valid
goal for senior citizens and blind Americans alike. This is why
the statutory linkage of the exempt earnings amounts which
existed under the law for almost twenty years should be restored.
For more details and an explanation of the need for this
legislation, see the fact sheet entitled "WINNING THE CHANCE TO
EARN AND PAY TAXES: HOW THE BLIND PERSON'S EARNINGS LIMIT IN THE
SOCIAL SECURITY ACT MUST BE CHANGED."
(2) Congress should amend the Individuals with Disabilities
Education Act (IDEA) to include provisions for strengthening
programs of Braille literacy instruction. This can be done by
enacting Braille literacy for blind persons provisions as part of
the Individuals with Disabilities Education Act (IDEA). Goal
Five of the National Education Goals declares that by the year
2000, "Every adult American will be literate. . . ." For blind
people this means having the ability to read and write in Braille
at a level of proficiency which makes performance on equal terms
possible. Without legislative change, today's blind children
will not be able to meet this national goal.
As many as 34% of the blind students enrolled in elementary
and secondary schools in the U.S. during the last school year
were classified as "non-readers." Fewer than 10% read Braille.
Current federal and state laws require that an appropriate
educational opportunity must be provided to children with
disabilities. Each such child is to have an individually planned
program of instruction to meet identified needs, but growing
illiteracy for blind children has been the result. Remedial
federal legislation, similar to laws now enacted in 28 states,
can help to reverse this trend. For more details and an
explanation of the need for this legislation, see the fact sheet
entitled "BRAILLE LITERACY AND THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT."
(3) Congress should enact legislation this year to
reauthorize the existing federal/state program of vocational
rehabilitation. This program, as currently authorized under
title I of the Rehabilitation Act of 1973, is now in its final
year before action must be taken to continue grants to states for
serving persons with disabilities, including people who are
blind. During the 104th Congress, vocational rehabilitation was
among the programs first included but later removed from a
proposed job training, education, and employment system
consolidation bill. Nonetheless, with the program's
reauthorization due for consideration this year, the possibility
of consolidation with other programs has been discussed and could
be proposed again.
Vocational rehabilitation has been recognized as a specific
responsibility to be shared by the federal government and the
states for 77 years. The mixture of this program (intended to
address essential and complex disability-related needs) with
generic job training, education, and employment programs for the
general population is a fundamentally flawed concept. For
someone who becomes blind in mid-career, unemployment is only one
of many consequences. By comparison, however, the need for
special help to deal with blindness is by far the most profound
initial problem. This is why vocational rehabilitation services
should continue to receive dedicated federal funding to support a
targeted and identifiable service delivery system. For more
details and an explanation of the need for reauthorization see
the fact sheet entitled "BLINDNESS, REHABILITATION, AND THE NEED
FOR SPECIALIZED PROGRAMS."
People who are blind are asking for your help in securing
positive action by Congress in the areas outlined here.
Legislative proposals will be offered to achieve each of our
specific objectives. Many priorities confront this session of
Congress, and the needs of the nation's blind are among them. By
acting on these priorities in partnership with the National
Federation of the Blind, each member of Congress can help build
better lives for the blind both today and in the years ahead.
For further information contact:
James Gashel
Director of Governmental Affairs
NATIONAL FEDERATION OF THE BLIND
1800 Johnson Street
Baltimore, Maryland 21230
(410) 659-9314
FACT SHEET
WINNING THE CHANCE TO EARN AND PAY TAXES:
HOW THE BLIND PERSON'S EARNINGS LIMIT IN THE SOCIAL SECURITY ACT
MUST BE CHANGED
BACKGROUND: The Social Security earnings limit, also known as
the "retirement test," was recently changed by Congress. The
new law, which first took effect in 1996, provides a 1997
earnings exemption threshold of $13,500 and specifies five more
annual increases to reach an earnings exemption of $30,000 in the
year 2002. In making the case for this change, advocates in
Congress explained that senior citizens in greater numbers would
now have the opportunity to work, earn, and pay taxes.
In spite of a law passed in 1977 creating a logical and
identical earnings exemption threshold for blind people and
retirees under Social Security, beneficiaries who are blind were
singled out for exclusion from the new, mandatory raises in the
earnings exemption. This means that a lower earnings limit for
the blind--$12,000 as compared to $13,500--is now in effect. By
2002, when the exemption for seniors becomes $30,000, the lower
limit created by Congress for the blind in 1996 will be less than
half the amount allowed for seniors unless the law is changed.
At that point, a blind individual, age 64, with earnings of
approximately $14,400 will lose entitlement to any payment
whatsoever from Social Security . But the same individual, upon
becoming age 65, will be permitted to earn up to $30,000 before
there is any effect upon eligibility for Social Security. This
is clearly a counterproductive federal policy which speaks of
work incentives for the blind but for seniors provides actual
continuation of monthly cash benefits as a tangible incentive to
work.
EXISTING LAW: Section 216(i) of the Social Security Act specifies
what "blindness" means. The definition of blindness is clearly
stated in medical terms. Therefore, blindness can be determined
quite reliably on the basis of objective medical evidence. This
unique feature of the Social Security Act makes blindness the
only defined disability. All other disabilities are determined
on the basis of an individual's "inability to engage in
substantial gainful activity." This inability is actually hard
to determine reliably in many cases.
Although blindness is precisely defined, monthly disability
insurance benefits are not paid to all persons who are blind.
Under the law, benefits are only paid to those people who are
blind and who do not have substantial earnings. Personal wealth
not resulting from current work activity does not count as
earnings and has no effect on eligibility. Only work is
penalized. The amount of earnings considered to be "substantial"
for working people who are blind is $1,000 per month ($12,000,
annually). The procedure for adjusting this exempt amount for
each year remains in effect under the law passed in 1977 but
applies at present to the blind only, since increases in the
exempt amount for seniors were mandated in 1996.
PROPOSED AMENDMENTS: Congress should restore work incentive
equity for blind individuals by re-enacting the identical
earnings exemption threshold for blind and senior citizen
beneficiaries under title II of the Social Security Act.
Legislation to achieve this objective is being offered in the
105th Congress by Representative Barbara Kennelly. Mrs. Kennelly
is the ranking minority member on the Subcommittee on Social
Security in the House of Representatives, Committee on Ways and
Means. Amendments to retain the identical exemption for blind
people and seniors enjoyed broad bipartisan support during the
last session of Congress but were blocked from consideration when
the provision which raised the exemption limit for seniors was
attached to the unamendable debt ceiling bill.
The National Federation of the Blind (along with every other
organization having interests in the blindness field) strongly
supports legislation to restore the identical exemption threshold
for the blind and seniors. By creating an earnings limit that is
lower for blind people than for seniors, the bill passed last
year applies a harsh work disincentive policy to blind Americans.
NEED TO REMOVE WORK DISINCENTIVES: Mandating the adjustments in
the earnings limit for blind people along with the adjustments
for age sixty-five retirees will assure that an estimated 104,300
blind beneficiaries will receive a powerful work incentive. Most
blind people could then not lose financially by working. The
mandated earnings limit changes if made applicable to blind
people would be cost-beneficial, since among those of working age
70 percent are currently unemployed or underemployed. Most of
them are already beneficiaries. At present their earnings must
not exceed a strict limit of $1,000 per month. When earnings
exceed this exempt amount, the entire sum paid to a primary
beneficiary and dependents is abruptly withdrawn after a trial
work period.
When a blind person finds work, there is absolutely no
assurance that earnings will replace the amount of lost
disability benefits after taxes and work expenses are paid.
Usually they do not. Therefore, few of the 104,300 beneficiaries
can actually afford to attempt substantial work. Those who do
will often sacrifice income and will certainly sacrifice the
security they have from the automatic receipt of a monthly check.
This group of beneficiaries--people of working age who are
blind--must not be forgotten now that the earnings exemption has
been raised for seniors. Just as with hundreds of thousands of
seniors, their positive response to the higher amounts of
earnings allowed will bring additional revenues into the Social
Security trust funds. The chance to work, earn, and pay taxes is
a constructive and valid goal for senior citizens and blind
Americans alike.
For further information contact:
James Gashel
Director of Governmental Affairs
NATIONAL FEDERATION OF THE BLIND
1800 Johnson Street
Baltimore, Maryland 21230
(410) 659-9314
FACT SHEET
BRAILLE LITERACY
AND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
BACKGROUND: The National Literacy Act of 1991 defines "literacy"
as "an individual's ability to read, write, and speak in English,
and compute and solve problems at levels of proficiency necessary
to function on the job and in society to achieve one's goals and
develop one's knowledge and potential." This definition points
up the critical importance of emphasizing high-quality literacy
training programs for all Americans. For blind Americans,
especially school-age youth, the need is no less critical. Yet,
surprisingly few students who are blind or visually impaired
receive instruction in Braille as a part of their elementary and
secondary education programs.
Blind students are generally defined as those who see less
than 10 percent of what is seen by someone with normal eyesight.
During the 1995-1996 school year there were approximately 53,654
such individuals enrolled at the elementary and secondary levels
in the U. S. Only 4,657 of these students read Braille. The
vast majority use print materials, even in situations in which
reading with sight is an unrewarding, never-ending daily
struggle. Educators often resist teaching Braille until students
are unable to see printed matter with the most intense
magnification. As a result, Braille has become not the method of
choice but the method of last resort.
EXISTING LAW: The Individuals With Disabilities Education Act
(IDEA) contains federal standards for special education and
related services to be provided to children with disabilities
throughout the U.S. The most important standard is that each
such child is entitled to a "free, appropriate public education."
Education agencies, both state and local, receive federal funding
to assist in meeting this mandate. When special education
services are provided to a child there must be an Individualized
Education Program (IEP) to describe the needs of the child for
special instruction, the services to be provided, and the goals
to be achieved.
The components of an "appropriate education" are not
strictly defined in IDEA. As a result, it is easy and tempting
for school personnel to determine a child's needs largely on the
basis of the school's capacity (or lack of capacity) to provide
special instruction or services. This being the case, blind
students who may have even a limited ability to read print are
guided toward receiving instruction in that form instead of using
Braille. Procedural safeguards, including the right to challenge
decisions through administrative and court appeals, exist under
IDEA, but such proceedings are time-consuming and costly in
financial and educational resources.
PROPOSED LEGISLATION: Congress should amend the Individuals with
Disabilities Education Act to include provisions for
strengthening programs of Braille literacy instruction. A
proposal to achieve this objective has been included in H.R. 5,
the "I.D.E.A. Improvement Act of 1997." The provision on Braille
literacy, which was also passed by the House of Representatives
during the last session of Congress, is a straightforward
requirement to have Braille instruction and services included in
the IEP of any child who is blind unless all of the IEP team
members agree that Braille is not necessary for the child.
The proposal for federal legislation on Braille literacy is
necessary to support laws with a similar purpose which 28 states
have now enacted. These laws require individualized assessment
of a blind student's need for Braille. The federal legislation
has been designed to promote Braille services for blind students
in order to have a consistent state/federal policy in this area.
NEED FOR LEGISLATION: It is the policy of our nation, as stated
in the National Education Goals, that by the year 2000 "Every
adult American will be literate and will possess the knowledge
and skills necessary to compete in a global economy and exercise
the rights and responsibilities of citizenship." In order for
blind adults to achieve this goal, literacy instruction must be
strengthened for children. The direction of current trends and
educational programming shows that this goal will not be achieved
without deliberate corrective action. According to official
child count figures supplied annually by state and local
education agencies, thirty-four percent of the blind students at
the elementary and secondary levels are "non-readers," and the
percentage of non-readers increases every year. The number who
read Braille is correspondingly declining.
The experience gathered in many states over several years
shows that a legislative response is needed to reverse this trend
of growing illiteracy among blind school-age youth. By enacting
a strong Braille literacy provision when programs under IDEA are
reauthorized this year, Congress can provide the leadership to
ensure that blind students graduate from our nation's schools
literate and armed with the necessary skills to be first-class
citizens of our society.
For further information contact
James Gashel
Director of Governmental Affairs
NATIONAL FEDERATION OF THE BLIND
1800 Johnson Street
Baltimore, Maryland 21230
(410) 659-9314
FACT SHEET
BLINDNESS, REHABILITATION, AND THE NEED FOR SPECIALIZED PROGRAMS
BACKGROUND: Under title I of the Rehabilitation Act of 1973,
federal grants assist every state to provide comprehensive
vocational rehabilitation services to eligible persons with
disabilities, including persons who are blind. The program's
cost for fiscal year 1997 (the final year of the current
authorized funding) is approximately $2.3 billion.
STATEMENT OF POSITION: Congress should enact legislation this
year to reauthorize the existing vocational rehabilitation
program. Vocational rehabilitation has been recognized as a
shared federal and state responsibility for 77 years. The
program has received consistent and broad bipartisan support in
Congress during each major review, leading to its periodic
reauthorization. The last reauthorization occurred in 1992.
During the 104th Congress, vocational rehabilitation was
among the programs first included but later removed from a
proposed job training, education, and employment system
consolidation bill. The most decisive action occurred in the
House of Representatives where an amendment was passed on the
floor to exclude vocational rehabilitation from the consolidated
service delivery system. Nonetheless, with the program's
reauthorization due for consideration this year, the possibility
of consolidation with other programs has been discussed and could
be proposed again.
RATIONALE FOR IDENTIFIABLE, BLINDNESS-SPECIFIC SERVICES:
The consolidation approach is based on the theory that the
administration and delivery of services to assist the blind are
essentially the same as services to dislocated workers or
unemployed welfare recipients. However, the mixture of
vocational rehabilitation with job training, education, and
employment programs for the general population is a fundamentally
flawed concept. For example, the following essential
rehabilitation services needed by blind individuals are not
available from--and are completely unrelated to-- generic job
training and employment programs:
1. Comprehensive adjustment to blindness services. This
training involves a sustained period of concentrated
study to acquire the necessary tools for dealing with
blindness and moving on to lead a normal life. Success
in adjusting to blindness particularly includes
integration of skills development with an understanding
of relevant personal and social attitudes.
2. Travel training in using the white cane or the guide
dog. This service must include all skills necessary to
assess and move safely through the environment without
seeing one's surroundings.
3. Adaptive methods of reading and writing. This training
includes Braille instruction sufficient to perform at
the level of literacy required for success in
vocational preparation or on the job. Competent use of
Braille requires the tactile identification of raised
dots presented in prescribed patterns to form letters,
numbers, and approximately 200 shorthand contractions
commonly used. The extent of training needed will vary
in complexity from learning the basic Braille code to
specialized notations for computers, foreign languages,
music, math and other disciplines.
4. Assistive technology. This service includes
individualized assessment of technology needs,
procurement of appropriate devices, and personalized
(often one-on-one training in the use of the
technology. High- or low-technology adaptations
include use of specially adapted synthetic speech
devices for computers, screen enlargement programs,
Braille computer terminals, closed-circuit television,
or other magnification devices, reading machines, or
scanners.
For someone who becomes blind in med-career, unemployment is
only one of many consequences. By comparison, however, the need
for special help to deal with blindness is by far the most
profound initial problem. Failure to provide services which
respond to the blind person's fears, lack of confidence, and
skills will almost certainly result in lifelong dependence.
Under existing law, all states are provided with a dedicated
block of federal funding for the sole purpose of assisting people
with disabilities to achieve individualized rehabilitation goals.
Under the consolidation plan, however, both the dedicated funding
and the resulting specialized services would essentially be
sacrificed to meet other perceived needs.
It is a matter of historical fact that state agency
organization and service delivery patterns tend to mirror the
pattern of federal financial assistance. Moreover, the
combination of programs would inevitably favor the largest and
best-understood needs to be met. Unique services for blind
individuals would be sacrificed in the merger since the needs of
a person who is newly blinded are dramatically different from
those of the typical unemployed worker.
ACTION REQUESTED: Each member of Congress is urged to assist
with efforts to assure that programs which provide blindness-
specific rehabilitation services are able to continue by:
1. announcing support for reauthorization legislation to maintain
dedicated federal funding and existing requirements for
identifiable programs which specialize in providing vocational
rehabilitation services; and
2. opposing efforts to combine the funding and service delivery
system of the vocational rehabilitation program with a
consolidated job training, education, and employment system for
the general population.
David Andrews (dandrews@visi.com)
or BBS: (telnet to nfbnet.org) or call (612) 696-1975
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