Happy March, TDC Family! Let’s get right to it this week:
- HB712/SB1178 - Freedom for Family Care Act – (aka Paid Family Caregiving: Part 1) this bill would prohibit TennCare from developing or implementing policies that discriminate against family caregivers in the provider-based employment
- This one passed through TennCare sub with little to no concern
- A couple questions, not much skepticism, and ultimately, a unanimous vote
- I have bad news, however, which is not what I like to convey in this little digest
- The bill, under duress from the Department of Disability and Aging, had to be pared down in an impactful way
- Previously, as related to conservatorship and eligibility, the bill read:
- “Unless explicitly prohibited in conservatorship documents”
- It now reads
- “Unless explicitly permitted in conservatorship documents”
- Previously, as related to conservatorship and eligibility, the bill read:
- The justification for this change was and is garbage – conservators are not uniquely disposed to abuse and neglect, as DDA would lead you to believe
- And they certainly wouldn’t be more so if they were paid by a provider agency
- But the bill was “flagged” by the administration, meaning that because DDA so vehemently opposed the bill as it was originally written, the Governor’s office would take that position too
- Which makes a steep climb a vertical one
- The bill, under duress from the Department of Disability and Aging, had to be pared down in an impactful way
- It was not a submission I took lightly, and it was not one that I liked (and DDA heard about it)
- But given the long standing skepticism of paid family caregiving at the General Assembly, and the “flagging” of the bill, I worried it would be voted down as a whole
- That doesn’t mean it’s over – fortunately (and often times, unfortunately) the GA meets every year, and we can take another bite at this apple in part 2
- But in the meantime – the bill is set to be heard in Senate Health and Welfare on Disability Day on the Hill this coming Wednesday
- And House Insurance that afternoon
- So if you’re coming down to Cordell Hull, join us in committee and show the support for the bill
- If you’re not, let your legislators know what DDA thinks of conservators, and why they’re wrong
- Next up:
- This one passed through TennCare sub with little to no concern
- HB711/SB706 – TennCare Network Reporting Reform – this bill would require TennCare to collect and publish data about percent service utilization, appointment wait times and time between approval for a service and start of the service, broken down by county and waiver program
- Hooo-weee, this one put a scare into me this week
- This bill was also “flagged”, this time by TennCare, which put it in the sights of the Lee administration
- After we had already cut it down close to where TennCare wanted it (while retaining its impact)
- Which TennCare conveniently left out when lobbying, going so far as to intimate that we weren’t “cooperative”
- And, like DDA’s justification for its opposition to paid family caregiving, TennCare’s reasoning was similarly trash-esque
- After we had already cut it down close to where TennCare wanted it (while retaining its impact)
- But, after going into Senate Health and Welfare with only 3 solid “yes” votes out of the necessary 5, we had no problems
- Senator Massey did an outstanding job describing the importance of the bill
- And Senator Hensley took the opportunity to throw a jab at TennCare over their outdated provider registry
- And they voted to send the bill to finance in unanimous fashion!
- Which is great!
- Senator Massey did an outstanding job describing the importance of the bill
- We’ve still got to go through the entire House side, starting at TennCare sub the week of the 17th
- Then to insurance full and finance, hopefully
- But Finance is going to be the make-or-break stop for this bill
- Because it has a(n absurd) $4.5 million fiscal note for “IT upgrades and maintenance”
- (c’mon guys, the bill asks you to publish an excel spreadsheet of disaggregated data)
- So when you advocate on this bill, at DDH or otherwise, it wouldn’t hurt to mention that this is a funding priority for the disability community!
- Because it has a(n absurd) $4.5 million fiscal note for “IT upgrades and maintenance”
- Next up:
- HB1158/SB1053 – Katie Beckett Part A Wraparound Improvement Act – this bill would permit Part A families to utilize HCBS wraparound services funds using an HRA, similar to that in Katie Beckett Part B
- We’re on calendar with this one!
- Tuesday, March 11th in the House TennCare Subcommittee
- And Weds, March 19th in the Senate Health and Welfare Committee
- To be honest, I don’t have a good read on how this will play with all the parties – TennCare, DDA, the General Assembly – but we’re about to find out!
- I’m working on some ways to get the GRASSROOTS involved in this one, so stay tuned
- Next up:
- We’re on calendar with this one!
- HB1273/SB591 – Threats of Mass Violence Expansion – this bill would expand the types of facilities that would be subject to the enhanced felony penalty for a threat of mass violence
- This one is suddenly stuck in the mud – it hasn’t moved in either House or the Senate committees in two weeks
- That said, it’s ready for the Senate floor
- But I think it’s notable that it hasn’t moved in the House at all, in part, because it had such a tough time in Senate Judiciary
- Moving on only after a 5-4 vote
- And it doesn’t have a significant fiscal note, so the questions must be on the substance
- Or they just got distracted, it’s hard to tell sometimes
- Regardless, the subcommittees on the House side will start closing in the next two weeks, so if it’s gonna go, we’ll probably have to see it calendared for the week of the 17th
- Quick reminder:
- I think this isn’t a good idea – the current iteration of the “threats of mass violence” law is not achieving the ostensible goal of reducing “hoax” threats
- And it’s wrapping up hundreds of kids into the juvenile justice system, which is really bad for them
- And this disproportionately effects kids with disabilities
- Because the current law doesn’t do enough to protect them
- And this disproportionately effects kids with disabilities
- So expanding upon that law seems like a poor choice
- And it’s wrapping up hundreds of kids into the juvenile justice system, which is really bad for them
- I think this isn’t a good idea – the current iteration of the “threats of mass violence” law is not achieving the ostensible goal of reducing “hoax” threats
- Next up:
- House Criminal Justice Subcommittee – TBD
- Senate Floor – TBD
- This one is suddenly stuck in the mud – it hasn’t moved in either House or the Senate committees in two weeks
- HB793/SB836 – Plyler Challenge Bill – this bill would allow public schools in Tennessee to refuse to enroll undocumented immigrant students unless they pay tuition
- Can’t ignore this one anymore, but this requires some caveats:
- I am not debating, nor will I debate, the merits of this bill on the grounds of immigration status
- There is a reason this bill is in our lane, which I will explain
- The purpose of the bill is for it to be challenged in court, so that the case might come before the US Supreme Court as a challenge to the 1982 Plyler v Doe ruling
- Which established the right of all children to attend public schools free of charge, regardless of their immigration status
- So this one passed Senate Education on a close 5-4 vote
- There was dissent (shout out to Sen Akbari for taking the bill to task)
- There were protests, which cleared the committee room
- And there were fireworks amongst legislators, some of whom seem to not appreciate being put in the position to vote on this bill
- Here are my problems with this bill (that suit our disability lane):
- This law clearly and blatantly stands to violate IDEA, specifically, the “Child Find” clause
- The law states, in clear text, that “migrant children” who may have disabilities are the responsibility of the local school district
- Thus, if a school district refuses to enroll undocumented students might also refuse to engage in their child find responsibilities
- And “FAPE”, which stands for FREE and appropriate public education, which is the basis of IDEA, is under threat
- So, nobody at the GA has answered the question: what if an undocumented student has a disability and your district’s policy is to charge tuition for undocumented students
- That’s not free
- So, nobody at the GA has answered the question: what if an undocumented student has a disability and your district’s policy is to charge tuition for undocumented students
- And finally, if we are making policy decisions about excluding students based on how much they “cost” the school, as Senator Watson so clearly elocutes, then how can we be sure that the cost of special education is not the next “cost concern” that gets addressed?
- And if the tradition holds that the GA is going to challenge supreme court rulings and long-standing precedent, in light of the federal Department of Ed’s demise, when are they coming for us?
- And why can’t or won’t anybody at Cordell Hull answer these questions for me?
- And if the tradition holds that the GA is going to challenge supreme court rulings and long-standing precedent, in light of the federal Department of Ed’s demise, when are they coming for us?
- This law clearly and blatantly stands to violate IDEA, specifically, the “Child Find” clause
- Ultimately, this bill seems like it is destined to pass, not because it’s a good idea, but because some legislators seem to want the glory of undoing federal civil rights protections
- In this case, the civil rights of children
- Next up:
- Can’t ignore this one anymore, but this requires some caveats:
Other stuff:
- HB401/SB679 – TISA for Pre-K – this bill would apply some TISA formula weights to the state’s pre-kindergarten funding model
- I haven’t mentioned this one yet, but it’s an important one because the state’s pre-k system is buckling
- I have heard at least one district say that they are essentially shutting down pre-k for the year
- And others that have had to severely restrict access, both in the number of students served and the amount of time they could offer instruction
- I have heard at least one district say that they are essentially shutting down pre-k for the year
- This bill specifically applies special education weights to pre-k students
- Reminder, TISA is a weighted funding formula that applies extra “weights” or increases in funding based on student characteristic
- For special ed, it applies weights based on the amount of hours of special education instruction or intervention a student receives
- Reminder, TISA is a weighted funding formula that applies extra “weights” or increases in funding based on student characteristic
- The bill is a Very Good Bill (VGB), but it faces an extremely uphill battle because of its cost
- Which, according to the fiscal note, is more than $140 million per year
- And the state is “budget constrained” this year, meaning there is not a ton of money to go around for good stuff like this
- Nonetheless, it’s a bill worth noting, and two sponsors (the law offices of White and White) worth celebrating
- Which, according to the fiscal note, is more than $140 million per year
- Next up:
- I haven’t mentioned this one yet, but it’s an important one because the state’s pre-k system is buckling
- OREA Report – this report is the response to a request by Chairman Mark White to study the use of informal removals in Tennessee schools
- It’s out! And you can read it here!
- But if that’s not in the card right now, I’ll sum it up:
- The state does not know the extent of the use of informal removals because the state Dept of Ed, districts and schools don’t collect this information
- But the use of informal removals, which almost all participants report, is widespread and violates the law
- But if that’s not in the card right now, I’ll sum it up:
- So, not exactly what we were hoping, but that doesn’t mean this tree isn’t bearing fruit
- I mean, the bill writes itself – “schools shall officially report all formal and informal removals”
- Plus maybe some parental rights stuff
- I mean, the bill writes itself – “schools shall officially report all formal and informal removals”
- But this was the goal – to establish a problem we knew to be anecdotally true as empirically true, and this (to some extent) did that
- Next up:
- Acting on this information
- It’s out! And you can read it here!
- Other other stuff:
- House Subcommittee Calendar
- House Committee Calendar
- Senate Committee Calendar
- Not yet published
- Big Net List 2025
Federal Update
- Well, the news never stops out of DC – this time, it is President Trump and his appointee to the federal Department of Education, Linda McMahon, announcing that they will begin to dissolve the work of the Department of Education
- It is unclear how this will happen – the department was established by congressional action, which means that to eliminate the department, congress has to do it
- That kind of red tape has not yet dissuaded this kind of cut thus far, however
- The effort could also center around dispersing the Department’s responsibilities to other federal departments and agencies and limiting funding for those efforts, effectively dismantling the department in everything but name
- But it doesn’t matter how this happens – dismantling the federal Department of Education ends IDEA and special education as we know it
- Note: “as we know it” – it is still unclear what comes next, but we can reasonably assume it won’t be the same, hence, “as we know it”
- Separating the technical expertise used to help guide IDEA’s implementation from the enforcement of IDEA is a bad idea
- It creates plausible deniability for violating IDEA, but also portends contradictory information, advice and implementation of special education at the hyper local level
- And stands to undo avenues for redress when that happens
- Should implementation be sent to the states…. Well? Do you trust TN to faithfully implement IDEA in letter and spirit without federal oversight?
- I don’t
- I wish I had some GRASSROOTS options for you, but DC is moving so fast and furiously, and without the typical guardrails we might expect, that resistance is still scrambling
- We’re gonna throw together a letter, though, for organizations to sign on to – I’ll get it your way when it’s ready
- It is unclear how this will happen – the department was established by congressional action, which means that to eliminate the department, congress has to do it
GRASSROOTS Update
- While not as fast and furious as DC, Cordell Hull is moving at muzzle velocity as well, which makes our GRASSROOTS similarly difficult
- But we’ve got our number one day to GRASSROOTS the heck out of Cordell Hull coming up next week
- Disability Day on the Hill! This coming Wednesday
- (and the fun community party at Fat Bottom Brewing the night before)
- Disability Day on the Hill! This coming Wednesday
- You may be saying, “Ah shucks, I didn’t RSVP so I can’t go and GRASSROOTS”
- And while I can’t promise you a t-shirt or a box lunch, I can promise you an opportunity to make a difference if you want to come on down and advocate
- That is to say, it’s not too late to choose to make your voice heard at DDH 2025
- And while I can’t promise you a t-shirt or a box lunch, I can promise you an opportunity to make a difference if you want to come on down and advocate
- But I understand if not – there is no busier community than ours (and it’s Spring Break)
- But there are ways to be involved
- Network Reporting bill: leave us a video telling the General Assembly that TennCare promised you services, and is currently breaking that promise
- Paid Family Caregiving: tune in on Wednesday to watch Senate Health and Welfare hear our bill!
- And reach out to your legislators to tell your story and let them know how important the bill is
- KB Part A HRA: we’re looking for folks who can talk to their legislators about this – it’s been awhile, and we want them to remember the warm and fuzzy feeling they got when they first passed this bill
- So let me know: jeff_s@tndisability.org
- But there are ways to be involved
- We’ve got about 4 or 5 weeks left, with the last couple being in flow-motion, so I’ll keep you in the loop and have as much stuff for you to do as I can gin up
- But we’ve got our number one day to GRASSROOTS the heck out of Cordell Hull coming up next week
Media Update
- US News – what does dismantling the Department of Education mean for students with disabilities? This mom explains.
- NY Times – the measles outbreak in West Texas continues to not only get worse, but also spread. Measles is a dangerous disease that was nearly, if not entirely, eradicated from existence in the United States. To go backwards is a tragedy of public health.
- The Atlantic – I love me some Arthur Brooks at times like these – Brooks writes for the Atlantic on all things philosophy, especially as it relates to happiness. Here, he highlights the Hegelian idea of Weltanshauung, or an “ethical order”, where we find happiness in the individual within the community. If there is anything I know about DDH, it’s that it is our opportunity to situate ourselves within while acting for the betterment of our community as a whole – this is a true opportunity to revitalize your Weltanshauung – I know I’m gonna take it.
Hang in there folks, DDH is just around the corner. I hope to see as many of you there as I can (and again, please come and say hello if you see me – talking about this stuff is my favorite thing). For those that can’t make it this time, know that you’re with us in spirit, and your presence in our community makes our individual impacts all the more real. Onward!
(also, sorry no gifs, working on a tight window here)