Obama Administration May Change Legal Landscape
for the Disability Community
Disability advocates are encouraged by the promises offered by the currentpolitical administration in Washington, D.C. This article briefly identifies possible changes on the horizon for the disability community from President Barack Obama and Vice President Joseph Biden.
In general, the new President has developed a 4-part plan for empowering individuals with disabilities during his tenure in the White House, which is as follows.
Educational Opportunities
President Obama has proposed increased educational support for persons with disabilities. One cornerstone of this objective is increased funding for the Individuals with Disabilities Education Act ("IDEA"), which provides early intervention, special education and related services to more that 6.5 million American youth with disabilities. The President has also proposed improving college opportunities for high school graduates with disabilities, primarily by making a college education more affordable. Obama and Biden have also proposed a comprehensive study of students with disabilities to better understand barriers in the transitions to higher education and the work place.
Promotion of Equal Opportunity
The President has called for increased spending to enforce the Americans with Disabilities Act ("ADA") and the Genetic Information Nondiscrimination Act ("GINA"). The ADA is, of course, landmark legislation that prohibits discriminatory practices in a variety of employment and architectural contexts. Passed only last May, GINA has a narrower focus. GINA prohibits health insurers and group plans from improperly using genetic information or charging higher premiums based solely on a patient's genetic predisposition to develop a disease. More broadly, Obama has also proposed the creation of a more affordable, accessible health care system for all.
Increased Employment
The new political administration plans to implement new regulations that will require the Federal government and its contractors to hire persons with disabilities. President Obama also proposes giving private-sector employers more resources to accommodate disabled workers and using tax credits to encourage the hiring of disabled workers and to support small businesses owned by people with disabilities.
Independent, Community-Based Living
The Obama administration has strongly supported the Community Choice Act of 2007. This legislation would create a voluntary, budget-neutral national insurance program to help adults who have or develop functional disabilities like spinal cord injury/disease to remain independent and in their communities. The Community Choice Act would give individuals who are eligible for nursing home services or other institutional care equal access to community-based services and support, like attendant services. It would also streamline the Social Security approval process. Vice President Biden was a principal co-sponsor of this bill when he was a member of the Senate.
UN Convention on the Rights of Persons with Disabilities
Apart from his 4-part domestic plan, President Obama has also proposed that the United States sign the United Nations' Convention on the Rights of Persons with Disabilities. This international human rights agreement was adopted by the UN General Assembly in December, 2006. It requires signatory nations to promote, protect and ensure full equality and rights to persons with disabilities. To date, 45 countries are parties to the agreement, while another 94 countries have signed but not ratified it. Unlike his predecessor, President Bush, who did not believe that the UN agreement was necessary or that it provided any rights not already conferred by American law, President Obama wants the country to become a signatory and would urge Congress to ratify our nation's participation. Obama believes that participation is advisable to reclaim America's global leadership on disabilities rights and policy.
Time will tell how well the new Obama administration meets its goals.
