So Punxsutawney Phil popped out of his hidey-hole today, looked around, saw no shadow to speak of and declared, in full-throated groundhog speak, that we will see an early spring this year. And, you know what? I agree. We already got our winter here in Tennessee; the law of averages tells us that regression to the mean should mean smooth sailing into clear skies, pleasant temps and, hopefully, a thaw in the Cordell Hull long winter.
It was bill filing deadline this past week, and the frenzy continued at the General Assembly. But now we can see the whole field of bills that will be up for debate this year (minus the many, many caption bills of course). Gazing across the landscape, it doesn’t look too bad (pound on wood). Our priority bills are all filed, I’m feeling good about where we stand at the moment, I haven’t seen too many gut-dropping VBB’s, and I’m cautiously optimistic about America’s favorite groundhog’s prediction. I hope you feel cautiously optimistic too – and know that we’ve always got the GRASSROOTS ready and waiting. Onward!
- TennCare for Working Adults – this bill would create an option for working adults with disabilities to pay a premium to access TennCare services (like HCBS), while having income and assets above the current Medicaid eligibility threshold
- Well, after some bill filing deadline last second drama, we got an amended version of the initial bill filed with the clerk
- The only change from the bill I showed you last week is that the amended language identifies how we’ll pay for the program
- Which is? TennCare III “shared savings”…
- The only change from the bill I showed you last week is that the amended language identifies how we’ll pay for the program
- Quick-ish reminder: TennCare III is the current iteration of the state’s Medicaid waiver, which we submit every so often to CMS for approval about how we’ll run our programs (like ECF CHOICES, etc.)
- TennCare III was initially super controversial because it established a block grant system that incentivized the state to NOT spend money
- Among other bad stuff, like drug formularies
- However, the Biden administration rescinded approval of the plan and TennCare was forced to change course on most of the bad stuff
- But they were allowed to keep the “shared savings” concept
- “Shared Savings” are what’s left over after we pay for all our TennCare stuff – we split the extra dollars with the feds
- So long as we spend our share on “new programs” or programs that support a “new Medicaid population”
- “Shared Savings” are what’s left over after we pay for all our TennCare stuff – we split the extra dollars with the feds
- But they were allowed to keep the “shared savings” concept
- TennCare III was initially super controversial because it established a block grant system that incentivized the state to NOT spend money
- Well, lo and behold, a program such as that established in our “TennCare for Working Adults” bill serves a population that would “new” to Medicaid
- And is thus eligible for TennCare III “shared savings” dollars
- As critical as I’ve been about TennCare III and shared savings, I won’t look this gift horse in the mouth right now, particularly because this opens up a window for us in the future
- If TennCare doesn’t want to fix the cracks in the Medicaid programs, advocates can (theoretically) use TennCare III shared savings to try to cover them over
- All that is to say, I’m cautiously optimistic about what could have (and still may be) a very hard bill to pass
- We’ll still need the GRASSROOTS on this one, but not quite yet – I’ll let you know
- Next up:
- Awaiting a calendar assignment
- Well, after some bill filing deadline last second drama, we got an amended version of the initial bill filed with the clerk
- Paid Family Caregiving Resolution – this resolution would urge the state (and TennCare) to work with community stakeholders in developing a comprehensive statewide paid family caregiving policy and program
- No huge updates here – it’s in and filed
- We’re doing some work behind the scenes to support passage of the resolution and to build public knowledge of the issue and support for passage
- So that when it’s time to ask the GA to (hopefully) act on the sentiment of the resolution in the future, the infrastructure is in place to get it across the finish line
- Next up:
- Scaffolding
- Right to Repair pt. 2 – this bill would require suppliers of power and manual wheelchairs to offer twice-annual preventative maintenance and to repair malfunctions, and creates a pathway for independent repair persons to do some types of repair.
- With Manic Monday mucking up the ever-smooth functioning of Cordell Hull this past week, we had to submit a caption here
- We are waiting on the legal department at the GA to help us turn our rough draft into functional bill language
- Refresher: legal helps us make sure that our bill does what we want it to do and that, as a law, lives in the appropriate place(s) in the TN code
- We are waiting on the legal department at the GA to help us turn our rough draft into functional bill language
- Hopefully this Monday is a bit less manic and we can chat with the good lawyers in legal to get any issues sorted out and get this bill on track
- Next up:
- Lawyering
- With Manic Monday mucking up the ever-smooth functioning of Cordell Hull this past week, we had to submit a caption here
- TCA Placard Cleanup – this bill would update language related to disability placards found in the Tennessee Code that refers to people who use wheelchairs as “confined to a wheelchair”; this bill would modernize that language
- And this is the first one out of the gates – it’s calendared in both the House and Senate next week
- As part of the plan – this one should be an easy one, so let’s get it taken care of and enshrined in the books
- Next up:
- And this is the first one out of the gates – it’s calendared in both the House and Senate next week
- Tennessee Disability and Aging Act – this bill establishes a new Department of Disability and Aging to serve the state’s population of Tennesseans living with disabilities
- So, I bet you were all sitting at your computer, frantically updating your inbox, waiting for me to drop this one
- Because this is exciting
- I’ll dive deeply into the bill and its functions in the future, but the one thing you need to know right now is: this is a very, very good bill (the rare VVGB). For 2 big reasons:
- It will streamline and coordinate operations for ALL Tennesseans with disabilities across multiple state departments
- And working together is important, because disability doesn’t just impact one thing
- It will secure more resources – human and capital – to more comprehensively meet the needs of the state’s disability population
- It will streamline and coordinate operations for ALL Tennesseans with disabilities across multiple state departments
- Very, perhaps misleadingly, simply, the bill rolls TCAD into DIDD, and puts the new transformer-bot into the reserved Title 52, establishing an entire new department
- It’s not DIDD with a TCAD t-shirt – it is meant to be a comprehensive department that serves across the disability spectrum and across the age span
- One other thing to keep in mind:
- As Carol is wont to say: the devil is in the details
- The bill is 171 pages long, draws from a bunch of Titles in the code, and disentangles several departments and agencies from each other, while recombining them somewhere new
- So we’ll read the thing and ensure the devil minds his details
- As Carol is wont to say: the devil is in the details
- Next up:
- So, I bet you were all sitting at your computer, frantically updating your inbox, waiting for me to drop this one
Other stuff:
- HB1640/SB1769 – this bill would lower the threshold for involuntary commitment for people with ID or mental health disorders who are deemed incompetent to stand trial in a criminal proceeding
- Ok, so we gotta talk about this one, but I don’t want to
- This bill is referred to as the “Belmont Bill” down at Cordell Hull, and is in response to the shooting death of a Belmont student this past fall
- TO BE CLEAR – the death of Jillian Ludwig was awful, tragic and certainly unnecessary – changes need to be made in TN to ensure this never happens to another person and family
- However, I don’t believe that this bill accomplishes that important imperative
- This bill is referred to as the “Belmont Bill” down at Cordell Hull, and is in response to the shooting death of a Belmont student this past fall
- The bill establishes a new “rebuttable presumption” that a person deemed incompetent to stand trial because of a diagnosis of intellectual/developmental disability is a threat to the safety of themselves or others, and is thus eligible for involuntary commitment
- A rebuttable presumption essentially means that, without evidence proving so, a person in this situation is automatically deemed a threat, unless that person can prove otherwise
- It’s pretty hard to prove a negative – “I am not a threat to someone’s safety because…”
- A rebuttable presumption essentially means that, without evidence proving so, a person in this situation is automatically deemed a threat, unless that person can prove otherwise
- Essentially, this makes it easier to involuntarily commit people with IDD if they come into contact with the justice system
- Involuntary commitment is institutionalization – while commitment may be correct and necessary in some instances, it should be rare and not without substantial protections for the person subject to the institution
- And by lowering the threshold via rebuttable presumption, we remove important guardrails that all but ensure more people will end up excluded from our communities BECAUSE of their IDD
- Involuntary commitment is institutionalization – while commitment may be correct and necessary in some instances, it should be rare and not without substantial protections for the person subject to the institution
- I’m not going to try to get into what a “good fix” looks like, because that doesn’t help here (and I don’t have a realistic answer)
- But we can’t, even with noble and just intentions, even begin to slide back towards institutionalization
- This one passed the House Criminal Justice Subcommittee last week – unanimously
- It was also amended to be named the “Jillian’s Law” in the presence of her parents, who testified in front of the committee
- I hear this one will slow down a bit after the subcommittee, but it’s one we MUST watch
- Next up:
- House Criminal Justice Committee – 2/6 @ 4:30pm CST
- Senate – awaiting calendar
- Ok, so we gotta talk about this one, but I don’t want to
- HB1633/SB1721 – this bill requires the TN Department of Safety to create de-escalation training, and requires teachers and administrators to complete said training annually
- Here’s another one that has an ostensibly good intention – reduce violence in schools
- BUT, this is another one that I don’t think achieves that goal
- It’s possible that de-escalation is in reference to an active shooter scenario
- But we know that those are rare (but not rare enough), and that more often “de-escalation” is in response to student behavior
- In this case, I’m not sure the TDOS is the right department to be creating such a training (for behavior)
- But we know that those are rare (but not rare enough), and that more often “de-escalation” is in response to student behavior
- And if the training is in reference to active shooters, I am concerned that the tenets will be applied in other situations, like unwanted student behaviors
- And we know that schools are really struggling to meet the needs of students with behavior needs
- And I’m not sure I want school personnel applying active shooter training to disability-related behavior intervention
- And we know that schools are really struggling to meet the needs of students with behavior needs
- We’ll try to get to the bottom of the intent here, and maybe help the sponsors potentially amend to provide some guardrails for kids with disabilities
- Next up:
- House K-12 Subcommittee – 2/6 @ 4:30pm CST
- Senate – awaiting calendar
- Here’s another one that has an ostensibly good intention – reduce violence in schools
- HB2293/SB2118 – this bill establishes a process by which a person with low-vision or other print disability can request an absentee ballot that accommodates their disability
- Hey! A good one! it’s not all doom and gloom around here
- Representative Davis and good friend Senator Massey are teaming up for a bill that expands access to the ballot box
- Which is always a good thing, especially in Tennessee, where we have some of the lowest turnout among voters with disabilities
- (as well as those without, for that matter)
- Which is always a good thing, especially in Tennessee, where we have some of the lowest turnout among voters with disabilities
- It’s not on the calendar yet, but I thought we could all use some sunshine
- Next up:
- The calendar
Other other stuff this week:
- House Subcommittee Calendar
- House Committee Calendar
- Senate Committee Calendar – apparently unavailable at the moment
- Big Net Bill Calendar (so far, I have a lot of bills yet to go through)
Federal Update
- More families are resorting to formal special education disputes – like due process complaints or mediation – after a short lull during the pandemic, according to The Center for Appropriate Dispute Resolution in Special Education (CADRE)
- I’m kind of surprised they went down during the pandemic, as schools were generally a mess for a good minute and OT is really difficult to provide over zoom
- But maybe parents were just giving their schools a pass for the real and obvious difficulty of the transition to distance learning
- But this does sort of confirm what we know about SPED, especially here in Tennessee:
- We don’t have enough of anything – teachers, specialists, resources, money – to make SPED work how it’s supposed to
- And to fully benefit every child with an IEP
- We don’t have enough of anything – teachers, specialists, resources, money – to make SPED work how it’s supposed to
- But what do we know about this sort of data in TN?
- Not much, because they seemingly don’t publish it
- But that’s ok – the Office of Special Education Programs (OSEP) is coming this fall to check in on how our state is doing with SPED
- Maybe we’ll find out about this important info by then
- I’m kind of surprised they went down during the pandemic, as schools were generally a mess for a good minute and OT is really difficult to provide over zoom
GRASSROOTS UPDATE
- It’s early, my GRASSROOTS friends, so I don’t have a ton for you to do yet
- Besides RSVP for DDH, of course
- Check out our latest DDH video, explaining this year’s theme: Nothing Without Us
- And if you’re unfamiliar with that term, I’d you check out Crip Camp, which tells the fantastic true history of the Disability Rights Movement, and why “Nothing about us, without us” is so meaningful
- And why we’re modifying the term for DDH this year
- And if you’re unfamiliar with that term, I’d you check out Crip Camp, which tells the fantastic true history of the Disability Rights Movement, and why “Nothing about us, without us” is so meaningful
- Check out our latest DDH video, explaining this year’s theme: Nothing Without Us
- Besides RSVP for DDH, of course
- But keep checking out this section for ways to be involved in TDC’s policy work
Media Highlights
- Tennessean – more instant drama and controversy at the Capitol, as the once-expelled, once-returned, ever-irritating-to-the-supermajority, Representative Justin Jones declined to lead the body in the Pledge of Allegiance. Everybody seemingly has thoughts on his declination, which was maybe the point?
- Virginia Mercury – lawmakers in Virginia are proposing bold new reforms in the way the state delivers special education. One of my favorite proposed reforms is improved SPED training for teachers – in TN, 53% of teachers said they found it difficult to differentiate instructions, 30% were unsure how to modify curriculum and only 35% said that they knew how to support students’ behavioral success (ex. implement a behavior plan). Hey GRASSROOTS, you think we should try this next year here?
- CBS Sports – now, I’m no Vols fan (Go Gophers, Go Auggies, Go Dores), but I am a fan of forcing the NCAA to figure out their “Name, Likeness, Image” (NIL) rules, which allow college athletes to get paid. But it’s a mess – nobody knows the rules, it looks like high-stakes free agency with 19 year-olds, and it’s making it hard for bad sports programs (like my favorites) to keep up. So, in this one, single case, Go Vols!
Happy early-spring, everybody toast Phil this weekend, and let’s make those beautiful, blooming, temperate days count. It’s just the beginning this year, so we’ve got a long spring ahead of us. Stay tuned for more updates, check out our socials for more frequent updates, and I hope to see each and every one of you at DDH as we cheer the ides (but minus all that Julius Caesar stuff). Till next time.