**OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP*OCP**
*BIG OCP MEETING IN JULY!!!! *Make plans now to attend the July 15, 2009
OCP Quarterly meeting being held at the Business Conference Center at Metro
Tech, 1900 Springlake Drive, Oklahoma City. The day will begin with a
morning of meeting with your colleagues, visiting with DDSD Executive Staff
and the business meeting. After a lunch break, the afternoon will be filled
with interesting and educational presentations. We’ll be talking about the
Shared Resources Purchasing Network and the savings you can get on lots of
difference products and services – and you don’t even have to be an ANCOR
member to take advantage of that (but it would be nice if you were!). We’ll
have ANCOR information packets available for those who are interested. A
representative from Medline will be there to discuss savings you can get on
various medical supplies and other equipment. A representative from
Arlington Heritage Trust will be available to talk about Special Needs
Pooled Trusts which is a very interesting concept. And our good friend and
OCP member Duane Murray will be offering a presentation on their new website
and the tools available on that. We may also have some surprise guests who
will be receiving awards. So, plan on coming. This will be a big,
interesting meeting with lots of information. If you have questions, call
Judy Goodwin, OCP, 405-524-7665 or email *OCPINC@sbcglobal.net*<OCPINC@sbcglobal.net>.
*SUCCESSFUL OCP-SPONSORED TULSA TRAINING* On May 12th, OCP sponsored a free
Government Information Training Day in Tulsa at the Social Security Office.
All DDSD provider agencies were invited and the response was overwhelming!
Seating was limited to 100 people and, unfortunately, we had to turn people
away because the class was full. There were presentations by
representatives from the Social Security Administration, the Developmental
Disabilities Service Division, the Internal Revenue Service and the Oklahoma
Department of Rehabilitation Services. Participant evaluations were
excellent. Because of such a positive response, OCP will again be
sponsoring this training day but this time it will be in Oklahoma City. The
training day will be in July however a firm date has not yet been
established. You will receive information when the date is chosen. When
the date is announced, please register early as the last class filled up
within two weeks of the initial announcement. Watch for the training
announcement.
**STATE*STATE*STATE*STATE*STATE*STATE*STATE*STATE*STATE*STATE*STATE**
*PEOPLE WITH DISABILITIES AWARENESS DAY SURVEY RESULTS* Thanks to everyone
who took the 2009 People with Disabilities Awareness Day (PWDAD) survey,
which shows that 87.6% of survey takers felt the “PWDs: A Smart Investment
in Oklahoma’s Economy” was effective in bringing attention to disability
issues; 92.8% received sufficient advance information about the event; and
58.4% felt Awareness Day was more organized than similar events sponsored by
other agencies. A little more than half of participants, or 54.1%; visited
legislators, which is 21% lower than our goal of 75%. Many of the attached
comments reflect disappointment that legislators were not available. The DRS
Public Information Offices (PIO) selects the best possible date, puts the
PWDAD on the Senate and House calendars and goes to the State Capitol with
Oklahoma Rehabilitation Council volunteers to personally deliver invitations
to each legislator about 10 days before the event. However, there is no way
we can control the legislators’ schedules or select a date when they won’t
be in session, committee meetings or possibly adjourned early. Next year,
you can call ahead for appointments, talk with the legislative assistants
(who are very influential) or politely call your legislators off the House
or Senate floor for a few minutes. The PIO agrees with concerns about the
food at PWDAD, which was delivered late and not up to our standards. This
was the first catering job for the bidder who is the DRS’ Business
Enterprise Program (BEP) vendor at the State Capitol. We will address these
concerns. Special thanks to Sandi Stokes from Policy Development and
Programs Standards for setting up this survey. We reached our goal with 505
registered at PWDAD, but an informal headcount estimated that nearly 700
participated. Your input will help us make the 2010 Disabilities Awareness
Day even more successful. Note: People with Disabilities Awareness Day 2010
has now been changed to April 07, 2010 to stay away from Easter weekend. See
you next year! [Jody Harlan, Public Information Administrator, OK
Department of Rehabilitation Services, 3535 NW 58th Street #500, Oklahoma
City, OK 73112-4824, office 405.951.3473 toll free 800.845.8476 cell
405.203.1318 email *jharlan@okdrs.gov* <jharlan@okdrs.gov>.]
*STATE DISABILITY DETERMINATION DIVISION RANKS IN TOP FOUR IN U.S. FOR
DECISION ACCURACY * – OKLAHOMA CITY – The Oklahoma agency responsible for
determining medical eligibility for Social Security Administration (SSA)
benefits is the only Disability Determination Division (DDD) in the U.S to
earn national recognition for accuracy in four critical categories. In
2008, Disability Determination staff processed and cleared 54,185 cases for
Oklahomans who applied for disability payments from two federal programs,
Social Security Disability Insurance (SSDI) and Supplemental Security Income
(SSI) benefits. Disability Determination Division, which is 100% federally
funded by SSA, is a division of the Oklahoma Department of Rehabilitation
Services (DRS). ”In spite of our heavy workload, the accuracy of claims
decisions earned national honors,” Disability Determination Administrator
Noel Tyler said. “This means we made the right decisions about applicants’
allowance or denial for benefits – something that is critically important to
them.”
- Oklahoma Disability Determination Division achieved an accuracy rate of
96.5% on initial claims for disability benefits, which was fourth highest in
the nation.
- Oklahoma’s accuracy rate was second in the nation at 98.3% for their
reconsideration workload, which requires a complete review of evidence by
different staff than those who did the original review.
- The Division was third in the nation with 99.4% accuracy for cases that
are periodically reviewed to determine any change in status of disability.
- Overall, Disability Determination Division achieved net accuracy of
97.8%, compared to a nationwide average of 96.6%.
DRS Director Mike O’Brien, Ed.D. credits a dedicated and innovative staff
for the division’s frequent recognition for accuracy and other
accomplishments. ”Disability Determination employees are top in the nation
on speed and accuracy,” O’Brien said. “They are honored every year by the
Social Security Administration for outstanding production. Here in Oklahoma,
we are very proud of them because their dedication to serving citizens makes
a positive difference in thousands of Oklahomans’ lives every year.” SSDI
is a disability insurance program funded by a portion of the FICA tax a
worker and employer pay on the worker’s earnings over a qualifying period of
time. Certain family members can also receive benefits based on a worker’s
contributions. SSI is an income support program with payments based on
financial need. Children may be eligible for SSI if they are unable to do
age-appropriate activities and their families have limited income and
resources. For adults, disability payments under the Social Security system
are based on inability to work. Individuals are considered “disabled” if
they are unable to do any kind of work for which they are suited and their
disabilities are expected to last for at least a year or to result in
death. During the medical review process, Disability Determination
examiners and consulting physicians or psychologists review applicants’
medical and vocational information and work records to decide whether or not
applicants qualify as disabled or blind according to federal guidelines.
The team evaluates applications for children based on medical evidence and
their ability to perform age-appropriate activities and their medical
evidence. Oklahomans may apply for disability benefits by phone, by mail,
over the Internet or by visiting a Social Security office. To locate the
nearest office, see the blue government pages of the telephone book or visit
the Social Security website at *www.ssa.gov* <http://www.ssa.gov/> <
http://www.ssa.gov/>. Social Security’s toll free number is 1-800-772-1213.
*ALLIANCE FOR FULL PARTICIPATION COMMUNICATION LINKS – Message from Karen
Flippo* –
Hello Everyone,
We are interested in promoting easy ways that state team members can
communicate with one another in addition to face to face meetings. Some of
you may be able to take advantage of Skype calling (www.skype.com) if
everyone has access to a computer. With *Skype* you can make free calls
over the internet to other people on *Skype* for as long as you like, to
wherever you like. It is free to download. You can also call landlines and
mobiles at great rates. Also, AFP will assist you in creating your own
State Team web page. In order to do so, I need a person from each state
team to volunteer to be the contact and the administrator for the web page.
I can’t do this without your permission. Please let me know if you are
willing to be the contact person and I will proceed with setting up the page
and giving you the instructions on how to edit the site. In the next few
weeks, you will be receiving very exciting news about an AFP National
Employment Challenge. This challenge will assist the state chapters in
setting their own employment goals and developing strategies to meet them.
In addition, we will be announcing the topics for the next webinar and some
approaches to use to make best use of the information that is being shared.
Best regards,
Karen Flippo
AFP State Teams Liaison
*So, does anyone want to volunteer to be the contact person for the Oklahoma
State Team??? Let me know. – JG*
*VIRTUAL HIGH SCHOOL SEES REAL GROWTH **by Dawn Marks, Staff Writer, **
dmarks@opubco.com* <dmarks@opubco.com> *[Note: I thought it was interesting
to note that even Oklahoma public school districts are embracing “online”
training.]* Oklahoma Virtual High School enrollment could grow by 20 to 30
percent in the coming year, one official said. Enrollment is open for the
coming school year, the fourth year for the school, said Andy Scantland,
vice president of marketing for Advanced Academics, which runs the school.
In the past school year, the program had about 1,000 students. “Online
learning is becoming more accepted,” he said. “Online learning isn’t for
everyone, but if you’re someone who needs a different approach, this might
be an option.” The full-time online school is free for students. The
company gets funding from partnerships with Oklahoma school districts. The
school is for students in grades six through 12. Scantland said the program
can help students who want an alternative to traditional schools, want to
accelerate their learning or may have physical disabilities. Students earn
a diploma from one of the partner school districts. “All of our courses
meet state standards, and all students have to meet the same course and
testing requirements as other students,” he said. {*the Oklahoman*, May 28,
2009]
**NATIONAL*NATIONAL*NATIONAL*NATIONAL*NATIONAL*NATIONAL*NATIONAL**
*DUAL ELIGIBLES: New Kaiser Brief Analyzes Medicaid and Medicare Spending
for Dual Eligible Beneficiaries:* The brief is available at from the Kaiser
family Foundation website<http://rs6.net/tn.jsp?et=1102568971678&s=996&e=001eGpp1nqm2_l22_FuLkAKA9Yd-tF7qitFVwdNCfU8UU1qtHFnv9P8w8o-J79uiwI2L6EooPUO1_O_nfbmY7VaGh1103vrDyk7guPYy-Bq4VrJq7vr4M0sT21dVR_1fPR9p6zAulFoGQIW696osrpQtQ==>.
[ANCOR Around the States, May 4, 2009]
*FMAP: HHS Releases Recalculated Matching Rates Based on Economic Stimulus
Law Provisions:* The Department of Health and Human Services April 20
released its adjusted calculations of state Medicaid matching rates for the
first two quarters of fiscal year 2009. Published in the April 21st Federal
Register,<http://rs6.net/tn.jsp?et=1102568971678&s=996&e=001eGpp1nqm2_kC70VC9_q5ckBQ_uss2sG836gTcl6mPo0BVQJbyMRtNc_96M0fXUObvMIwCy3_67PDddHw_bFuOSVaPlSNRIVRoBtO9QXmPhnY9ahw7sh9JaplPTOdszX1ddAJBaMm6ztuvWe53TjdSxwkqGZg4sx0Mn82Ul28Luc=>the rates reflect provisions of the American Recovery and Reinvestment Act
that boosted each states’ federal medical assistance percentage (FMAP). ARRA
creates a recession adjustment period that requires a 6.2% point increase
for all states’ FMAP, plus additional increases depending on each state’s
unemployment rates. The adjustment period runs from October 1, 2008, to
December 31, 2010. The recalculated FMAP rates apply to expenditures for
most services for Medicaid, foster care and adoption assistance, according
to the notice. The rates do not apply to administrative spending. The
adjusted FMAP levels range from 56.2%-for states with a base FMAP of 50% and
no unemployment adjustment-to more than 80% in some states. [ANCOR Around
the States, May 4, 2009]
*STATE LAWMAKERS APPROVE BILL TO EXPAND COVERAGE OPTIONS FOR UNINSURED,
GOVERNOR’S SIGNATURE NOT ASSURED:* The bill, which would allow health
insurers to offer limited coverage policies to people under the age of 40,
was overwhelming approved by the legislature and was sent to Governor Brad
Henry (D) for signature April 29th. However, Henry is unsure he will sign
the legislation. The bill would allow insurers to offer policies to people
under age of 40 that offer less coverage than current state-mandated health
benefits. Under the proposal, the limited coverage policies-called standard
health benefit plans-must include disclaimers in their application forms and
policies making it clear that the policy does not provide all state-mandated
covered services normally required in Oklahoma. The disclaimers also must
list services that are not included, and point out that purchase of the new
standard plan may limit options for coverage in the event the insured’s
health changes. A section of the legislation would amend the Medicaid Reform
Act to permit Medicaid coverage for children under 18 whose family incomes
do not exceed 185% FPL. It also authorizes the Oklahoma Health Care
Authority to seek a waiver from the Centers for Medicare & Medicaid Services
that would allow small employers and employed, uninsured adults to obtain
health care coverage through a state premium assistance plan. For-profit
companies with 250 or fewer employees, and nonprofits with 500 or fewer
employees, would be eligible for the proposed premium assistance program if
CMS approves the waiver. [ANCOR Around the States, May 4, 2009]
*THREE CMS REGS RESCINDED – WITH PARTIAL RESCISSION OF TARGETED CASE
MANAGEMENT* HHS Published a notice<http://edocket.access.gpo.gov/2009/pdf/E9-10494.pdf> in
the *Federal Register* May 6 rescinding the outpatient and school-based
health regulations and *partially* rescinding the targeted case management
regulation. The provider tax regulation is being delayed for one year while
more information is gathered. [Wed., May 6, 2009]
*A POSITIVE STRATEGY FOR EXPANDING MARKET SHARE *What’s the third largest
market segment in the United States? The answer might surprise you. It’s not
a particular ethnicity, gender or age group. It’s people with disabilities.
The size of this population—54 million strong—surpasses Hispanics, African
Americans and Asian Americans, as well as Generation X and teens. Add in
their families, friends and associates, and you get a *trillion dollars* in
purchasing power. Read more in the May issue of ODEP’s monthly newsletter,
*Business Sense*, which is now available<http://links.govdelivery.com:80/track?type=click&enid=bWFpbGluZ2lkPTQ3Mjk5MCZtZXNzYWdlaWQ9UFJELUJVTC00NzI5OTAmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xMjE1NDkyNjMwJmVtYWlsaWQ9b2NwaW5jQHNiY2dsb2JhbC5uZXQmdXNlcmlkPW9jcGluY0BzYmNnbG9iYWwubmV0JmV4dHJhPSYmJg==&&&100&&&http://www.dol.gov/odep/#maybsense>.
[U. S. Dept. of Labor]
*A NEW COMMUNITY-SERVICE BILL: HIGHLIGHTS OF THE MEASURE* *On April 21,
2009, President Obama signed the Edward M. Kennedy Serve America Act into
law. Here is a summary.*
Reprinted from the *Chronicle of Philanthropy** * <http://philanthropy.com>
*Expanding AmeriCorps*
Would incrementally increase the number of participants in this
national-service program—from 75,000 this year to 250,000 in 2017. In fiscal
year 2010, which begins in October, the number would be 88,000. Most
AmeriCorps money goes to nonprofit groups and public agencies, which recruit
and supervise volunteers. Participants get a modest stipend and an education
grant upon completing their service (increased to $5,350 by the Serve
America Act). AmeriCorps would focus much of its work in four areas:
- The Clean Energy Service Corps would help low-income families make
their homes energy efficient, teach schoolchildren about energy efficiency,
develop recycling programs, and help rehabilitate state and national parks
and other public lands.
- The Education Corps would provide tutoring, mentoring, and other
services to elementary and secondary schools.
- The Healthy Futures Corps would help low-income families get
health-care services and information about disease prevention, as well as
provide health services in rural areas, promote healthy living, and fight
childhood obesity.
- The Veterans Corps would provide educational, employment, housing, and
other services to veterans and military families.
*Promoting Community and Public Service – Older Americans*
A new Encore Fellowship program would offer people age 55 and older one-year
stipends to allow them to work at a nonprofit organization to get experience
so they can move into part-time or full-time nonprofit or government work.
The Silver Scholarship Grant Program would provide money to nonprofit groups
to operate programs that give people age 55 and older $1,000 education
grants if they perform 350 hours of community-service work a year. The grant
is transferable to children or grandchildren. Budget for the two programs:
$12 million a year.
*Publicity Campaign*
Within 180 days after the Serve America Act is signed, the Corporation for
National and Community Service would be expected to start a formal effort to
encourage Americans to volunteer, enlist in national-service programs, or
take part-time or full-time nonprofit or government jobs. It may also
organize activities to observe September 11 as a National Day of Service and
Remembrance to commemorate the 2001 terrorist attacks.
*Measuring Civic Participation*
The Corporation for National and Community Service and the National
Conference on Citizenship, a group chartered by Congress in 1953 to track
civic participation, would once a year measure “civic health indicators”
like the number of people voting, volunteering, and participating in civic
groups and religious organizations. It would also monitor the amount of
charitable giving, interest in nonprofit and government jobs, and “social
enterprise and innovation.”
*Direct Aid to Nonprofit Groups – Financing Nonprofit Innovation*
Would create a Social Innovation Funds pilot program to provide money for
social entrepreneurs and nonprofit groups that are developing innovative
and effective solutions to national and local challenges. Budget:
$50 million in fiscal year 2010, rising to $100 million by 2014.
*Recruiting Volunteers*
Would provide grants to nonprofit organizations and state national-service
commissions through a Volunteer Generation Fund to develop programs to help
local groups recruit, manage, and support volunteers. Budget: $50 million in
fiscal year 2010, rising to $100 million by 2014.
*Management Aid for Charities*
A Nonprofit Capacity Building Program would provide $5 million a year for
five years to help small and medium-size charities get training in financial
planning, grant-proposal writing, and complying with federal tax laws.
*Aid for Colleges*
Would designate up to 25 colleges or universities a year to be eligible for
federal grants to develop programs that combine education with community
service or to distribute information about such programs to other
institutions that want to copy them. Budget: $7 million a year. [© 2009, *Chronicle
of Philanthropy** * <http://philanthropy.com>. Reprinted from the April 9,
2009, issue; reprinted with permission.] [GuideStar Newsletter, May 2009,
Volume 9, Issue 5]
*APRIL 2009 DISABILITY EMPLOYMENT STATISTICS RELEASED* In April 2009, the
percent of people with disabilities in the labor force was 22.8 compared
with 70.9 for persons with no disability. The unemployment rate for those
with disabilities was 12.9 percent, compared with 8.4 percent for persons
with no disability, not seasonally adjusted. Read about the *April
Disability Employment Statistics* <http://www.bls.gov/cps/cpsdisability.htm>
Read *Commonly Used Terms in BLS Employment Statistics*<http://www.dol.gov/odep/categories/research/bls.htm>
*NEW DISABILITY EMPLOYMENT RESOURCE FOR EMPLOYERS RELEASED* To meet the
need for a comprehensive, portable, and easy to understand guide for
employers who are looking to recruit, hire, and retain employees with
disabilities, ODEP just released its new *Four-Step Reference Guide*. The
online version of this valuable resource, which covers topics such as
Incentives & ROI, Recruiting, Interviewing & Hiring, and much more, also
provides a wealth of links and other resources. The print version of *Diversifying Your Workforce, A Four-Step Reference Guide to Recruiting,
Hiring & Retaining Employees with Disabilities* will be available later this
year. In the meantime, the *PDF*<http://www.dol.gov/odep/documents/Flip%20Guide_FINAL_3%2030_508%20compliant2.pdf>and
*Word* <http://www.dol.gov/odep/documents/ODEP_Flip%20Book%202009_FK.doc>versions are available.
*ODEP RELEASES ROADMAPS II FOR ENHANCING EMPLOYMENT OF PERSONS WITH
DISABILITIES THROUGH ACCESSIBLE TECHNOLOGY* *Roadmaps II* is a report that
looks at the issue of AT and employment from the perspective of AT service
providers and disability stakeholders who work directly to assist
individuals with disabilities. *Roadmaps II* is a result of the work of the
AT Collaborative – a group of national organizations funded by ODEP and
CESSI to address AT issues and provide policy recommendations related to the
employment of individuals with disabilities. *Roadmaps II* follows the
January 2008 release of *Roadmaps I*, which is a report on the consensus
Roadmaps developed by participants in the 2007 *Business Dialogue on
Accessible Technology and Disability Employment* for how best to enhance the
hiring, retention, and advancement of persons with disabilities and others
through accessible technology. Read more about the Roadmaps *here*<http://www.dol.gov/odep/categories/employment_supports/roadmaps.htm>
*RESOURCES FOR EMPLOYERS AND THE VISUALLY IMPAIRED* HR Magazine’s April
issue featured an article of interest to ODEP’s stakeholders: *An
Underestimated Talent Pool – Able, eager people who are blind or visually
impaired want to work; now it’s up to employers*. ODEP thanks the Society
for Human Resource Management for making the *article*<http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://moss07.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0409frase.aspx&exitTitle=http://moss07.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0409frase.aspx&fedpage=no>available to the general public. Additionally, ODEP’s Job Accommodation
Network (JAN) offers *Accommodations Ideas for Vision Impairment*<http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.jan.wvu.edu/media/visi.htm&exitTitle=www.jan.wvu.edu/media/visi.htm&fedpage=no>,
a compilation of fact sheets and other resources for you.
*FROM ECONOMIC STIMULUS TO ENHANCED SERVICES: NAVIGATING THROUGH 2009 * As
CEO of ACCSES, a national trade association representing 80 community
rehabilitation agencies providing supports and services to individuals with
disabilities, I extend my personal invitation to you to join us in
Washington , DC for our 2009 ACCSES Annual Conference on June 21-24. The
theme this year is *”From Economic Stimulus to Enhanced Services: Navigating
Through 2009.” * With JWOD Modernization legislation likely to be
considered soon and with health care reform a very high priority of the
Obama Administration and congressional working groups focused on their
sections, our sessions and speakers, which include Bobby Silverstein, will
provide attendees with very timely access to the policy-makers and
influencers whose decisions will greatly affect the future of our
businesses. We’ll also be reviewing The Committee’s Quality Work
Environment (QWE) initiative. Both the Chair, Andy Houghton, and Executive
Director, Tina Ballard, of The Committee For Purchase have been invited, and
NISH President & CEO, Bob Chamberlin, has confirmed his participation.
We’ll also be addressing the recent 14(c) hearing, based on the tragic Iowa
turkey processing plant’s treatment of disabled workers, led by Charlie
Harles. Other topics include The Future of Training and Work with Deb
Russell of Walgreens and Laura Owens of APSE; Health Care Reform with Peter
Thomas; the Employee Free Choice Act; Valuing the Contribution of your
Organization to your Community’s Net Worth and Finding the Stimulus Money.
The ACCSES Annual Conference will be held at the Phoenix Park Hotel and we
would be honored to have you in attendance. On Sunday, June 21, we kick-off
the Conference with a Welcome Reception featuring Judy Woodruff, News
Anchor, MacNeil-Lehrer NewsHour Report on PBS. Ms. Woodruff is the mother of
an adult son with significant disabilities, and she has been deeply involved
in the disability civil rights movement for 25+ years. She comprises
one-half of one of Washington ’s true power couples, as her husband is Al
Hunt, Managing Editor for Bloomberg News and formerly served as Executive
Washington Editor for The Wall Street Journal. Join us to hear Judy’s views
on the state of disability services and the value of meaningful services in
people’s lives on Sunday evening, June 21, as we start the ACCSES Annual
Conference off in the right and best way!
*Other Dynamic Invited or Confirmed Speakers Include:*
- Kareem Dale, White House Specialist on Disability Policy
- Michael Strautman is, Director of Public Liaison and Intergovernmental
Affairs, Obama/Biden Administration
- Connie Garner, Sen. Kennedy’s Office
- Keith Flanagan, HELP Committee
- Tina Ballard, The Committee For Purchase
- Andy Houghton, The Committee For Purchase
- Laura Owens, APSE
- Deb Russell, Walgreens
- Bob Chamberlin, NISH
Join us in the Nation’s Capitol for four engaging and informative days!
Reserve you room today at $209 and register for only $320, all inclusive!
To register go to *www.accses.org* <http://www.accses.org> and complete the
non-member registration form to the right of the homepage. To reserve your
room, please call the Phoenix Park Hotel at 202.638.6900 and mention the
ACCSES Conference in June. If you have any questions/concerns regarding
registration, please contact our events Director, Cecile Spence at *
cecile.accses@verizon.net*<http://us.mc800.mail.yahoo.com/mc/compose?to=cecile.accses@verizon.net>or 202.349.4259 (direct line). I look forward to seeing there! Sincerely,
John D. Kemp, ACCSES, CEO, ACCSES, 1501 M Street, NW – 7th Floor, Washington
, DC 20005, 202-466-3355
*President Obama Releases FY 2010 Budget Proposal*<http://ancorblog.blogspot.com/2009/05/president-obama-releases-fy-2010-budget.html>
* *
Today (Thursday, May 7, 2009) President Obama formally released the
administration’s FY 2010 budget proposal. Administration officials may make
further changes to the budget to respond to changing economic conditions.
The roughly $3.7 trillion plan contains the details the House and Senate
Appropriations committees need to put together their annual spending bills.
White House Budget Director Peter R. Orszag said there would be “some
modest” changes in economic assumptions, mostly technical, and projected
deficits as a result of changes in the economy since the administration
released its budget outline in February. [ANCOR's NEW Washington Insiders
Club LIVE, Friday, May 8, 2009]
*States Beginning to Receive Recovery Act State Fiscal Stabilization Funds*<http://ancorblog.blogspot.com/2009/05/states-beginning-to-receive-recovery.html>
* *
Over the past few weeks, states have begun submitting their applications to
the U.S. Department of Education for their slice of the Recovery Act funding
under the State Fiscal Stabilization Fund. Some states may be using these
funds to close budget gaps in their disability systems. To date, the
following states have received over $7 billion total in funding:
- California – $4 billion
- Illinois – $1.4 billion
- Maine – $130 million
- Minnesota – $547 million
- Mississippi – $321 million
- Oregon – $382 million
- South Dakota – $85.4 million
- Utah – $321 million
- Wisconsin – $587 million
See applications<http://www.ed.gov/programs/statestabilization/resources.html> for
funding online.
[ANCOR's NEW Washington Insiders Club LIVE, Friday, May 8, 2009]
*Federal Government Becomes Primary Source of State Revenue*<http://ancorblog.blogspot.com/2009/05/federal-government-becomes-primary.html>
* *
For the first time ever, state and local governments are getting the largest
share if their revenue from the Federal government. Economic recovery funds
from the federal government replaced sales taxes and property taxes as the
primary sources of state and local revenues in the first three months of
2009<http://www.usatoday.com/news/nation/2009-05-04-fed-states-revenue_N.htm>.
The Federal government plans to allocate roughly $300 billion to state and
local governments over the next two years. This bump in Federal spending at
a time when revenues from sales and property taxes are declining means that
the Federal government is now paying about 23% of the approximately $2
trillion that state and local governments spend each year. [ANCOR's NEW
Washington Insiders Club LIVE, Friday, May 8, 2009]
*Social Security Administration Unlikely to Raise Benefits in 2010-12*<http://ancorblog.blogspot.com/2009/05/social-security-administration-unlikely.html>
* *
The head of the Congressional Budget Office <http://cboblog.cbo.gov/?p=235> projects
that there will be no cost-of-living adjustment (COLA) for Social Security
beneficiaries in the next three years under current law. If this occurs, it
will be the first time since 1975 that beneficiaries have not received an
automatic increase in benefits. The law determines Social Security COLAs
based on the consumer price index. Prices fell at the end of 2008 and
inflation is expected to remain low for the next few years meaning that an
automatic increase will not occur<http://www.nytimes.com/2009/05/03/us/politics/03benefits.html>.
[ANCOR's NEW Washington Insiders Club LIVE, Friday, May 8, 2009]
*TRANSITIONAL JOBS FUNDING OPPORTUNITY: Office of Juvenile Justice and
Delinquency Prevention Announces Second Chance Act Juvenile Mentoring
Initiative*
OJJDP FY 09 Second Chance Juvenile Mentoring Initiative, Deadline for
Applications: June 15, 2009
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) at the
Department of Justice has released the third competitive grant solicitation
through the Second Chance Act. These grants will fund mentoring and other
transitional services to help reintegrate juvenile offenders to their
communities. Faith-based and community-based nonprofits are eligible to
apply. As with the previous Second Chance Act mentoring grants for adult
reentry, all core elements of Transitional Jobs programs, including wages
for transitional employment, may be funded using the Mentoring grants,
provided that the mentoring activity remains a core component of the program
design. See the grant solicitation here:
*
http://ojjdp.ncjrs.gov/grants/solicitations/FY2009/SecondChanceMentoring.pdf
*<http://ojjdp.ncjrs.gov/grants/solicitations/FY2009/SecondChanceMentoring.pdf>
* *[The National Transitional Jobs Network May 2009 Newsletter, *
www.transitionaljobs.net.] *
*CLARIFICATION OF TANF EMERGENCY FUNDS FOR TRANSITIONAL JOBS* The U.S.
Department of Health and Human Services (HHS) has released a Policy
Announcement that offers new guidance on how the Temporary Assistance for
Needy Families (TANF) Emergency Fund can be used to support Transitional
Jobs programs. This announcement clarifies that states can use the Emergency
Fund to support all expenditures related to operating a subsidized
employment program. The American Recovery and Reinvestment Act of 2009,
signed by the President on February 17, established an Emergency Fund of $5
billion to be used to reimburse states for 80 percent of new TANF
expenditures in key areas, including subsidized employment. The Policy
Announcement also clarifies the allowed uses of Emergency Fund dollars for
subsidized employment activities, including Transitional Jobs programs.
According to the Definition of Terms (Attachment B) in the Policy
Announcement, HHS starting with the “work subsidies” category from the TANF
financial reports, which includes “payments to employers or third parties to
help cover the costs of employee wages, benefits, supervision, and
training.” HHS further states that jurisdictions applying for subsidized
employment funding should include *“*all expenditures related to operating a
subsidized employment program, including the cost of overseeing the program,
developing work sites, and providing training to participants.” See the
entire Policy Announcement here: *
http://www.acf.hhs.gov/programs/ofa/policy/pa-ofa/2009/pa200901.htm*<http://www.acf.hhs.gov/programs/ofa/policy/pa-ofa/2009/pa200901.htm>
* *To help TANF administrators and advocates across the country, we’ve
developed a toolkit that includes resources and information to help
jumpstart your TJ program development efforts. Click *here*<http://www.transitionaljobs.net/Policy/American_+Recovery_Reinvestment_Act.htm>to access our toolkit! [The National Transitional Jobs Network May 2009
Newsletter, *www.transitionaljobs.net.] *
*DOES YOUR ORGANIZATION OPERATE A TRANSITIONAL JOBS PROGRAM? OR ARE YOU
INTERESTED IN STARTING ONE?* This is your last chance to participate in the
National Transitional Jobs Network program survey. This survey was created
for programs that currently offer transitional employment to their clients,
as well as those that may be interested in starting a Transitional Jobs
program. The information collected through this survey will help NTJN
continue to offer the technical assistance, coordination, and policy
advocacy that Transitional Jobs programs need to best help their
participants get and keep employment. To participate, click *here*<http://www.surveymonkey.com/s.aspx?sm=xvzOyYLepHg0E5EQf5Lylw_3d_3d>.
[The National Transitional Jobs Network May 2009 Newsletter, *
www.transitionaljobs.net.] *
*PROGRAM OFFICER FOR WORKFORCE DEVELOPMENT – LISC NATIONAL OFFICE*
*Local Initiatives Support Corporation* seeks qualified applicants for the
position of Program Officer for Workforce Development. The program officer
will be responsible for guiding and fostering the development of workforce
programs and policies centered on helping build transitional employment for
hard-to-place individuals and improving the skills of workers in areas such
as “green” jobs. The program officer will work with LISC local offices to
develop and implement programming, and manage grant investments. To view the
full job announcement, click *here*<http://www.transitionaljobs.net/Newsletter/Program+Officer+Workforce+Development+(2).pdf>.
[The National Transitional Jobs Network May 2009 Newsletter, *
www.transitionaljobs.net.] *
*Funding Alert: Two HHS Grant Solicitations under ARRA Including Workforce
and Job Training/Recruitment*<http://ancorblog.blogspot.com/2009/05/funding-alert-two-hhs-grant.html>
* *HHS has just announced two funding opportunities<http://capwiz.com/ancor/issues/alert/?alertid=13321771> (Strengthening
Communities Through Private and Public Partnerships) in which it will make
$50 million of American Recovery and Reinvestment Act (ARRA) funds available
to eligible applicants, including non-profit and for-profit organizations.
Partnering with private and public organizations, HHS will provide one-time,
two year grants through two program funds. The focus of these two funding
opportunities is to build capacity of nonprofit organizations, whether
secular or faith-based, to address the broad recovery issues in their
communities, help low-income individuals secure and retain employment, earn
higher wages, obtain better-quality jobs, and gain greater access to state
and federal benefits and tax credits. [ANCOR's NEW Washington Insiders Club
LIVE, May 15, 2009]
*SOCIAL SECURITY AND MEDICARE *For the status of the Social Security and
Medicare Programs, “A Summary of the Annual Reports, Social Security and
Medicare Boards of Trustees,” go to:
*Status of the Social Security and Medicare Programs: Trustees Report*<http://rs6.net/tn.jsp?et=1102582079665&s=996&e=001T7n-ZxZrDdQONEpRGDJGcF9OA8mOL0nN5oS6ihHaENxuS-sJ0oP2ECdRPvIKIS101YjBwCwfFUpSwI1oI2bXLY2mwC1gv7G9SpnRoCHb0Emvbg9BPfpP-8tpbSZBPCrVJ0PKQ9vrxeQ=>
* * or *http://www.ssa.gov/OACT/TRSUM/index.html*<http://www.ssa.gov/OACT/TRSUM/index.html>.
[ANCOR's NEW Washington Insiders Club LIVE, May 15, 2009]
*Congress Prepares for Four-Month Sprint to Pass Health Care Reform*<http://ancorblog.blogspot.com/2009/05/congress-prepares-for-four-month-sprint.html>
* *
Two Senate Committees (Finance and Health, Education, Labor and Pensions)
and three House Committees (Energy and Commerce, Ways and Means, and
Education and Labor) are working on health care reform legislation under
their individual committee’s jurisdiction. The Senate is further along in
developing its reform packages than the House. In fact, the HELP Committee
was expected to introduce legislation by the end of this week. Senate
Finance Chairman Baucus (D-MT) still plans to have his committee’s
legislative markup completed by the end of June, with a melding of Finance
provisions and HELP provisions melded on the Senate floor before the August
recess. [ANCOR's NEW Washington Insiders Club LIVE, May 22, 2009]
*Senate Finance Committee Releases Third and Final Health Care Discussion
Document*<http://ancorblog.blogspot.com/2009/05/senate-finance-committee-releases-third.html>
* *
The Senate Finance Committee released its third health care discussion
document May 20th—Financing Comprehensive Health Care Reform<http://finance.senate.gov/sitepages/leg/LEG%202009/051809%20Health%20Care%20Description%20of%20Policy%20Options.pdf>
—following the May 14th release of Policy Options for Expanding Health Care<http://finance.senate.gov/sitepages/leg/LEG%202009/051109%20Health%20Care%20Description%20of%20Policy%20Options.pdf>.
This second document included discussion of Medicaid long-term services and
supports and policy options. As with the first policy document released on
April 29th—Transforming the Delivery System<http://finance.senate.gov/sitepages/leg/LEG%202009/042809%20Health%20Care%20Description%20of%20Policy%20Option.pdf>
—the Committee’s work followed round-tables by leading experts and
closed-door Committee sessions. The documents are intended to spur
discussion of proposed options. [ANCOR's NEW Washington Insiders Club LIVE,
May 22, 2009]
*ODEP AND ETA RELEASE ASSET DEVELOPMENT REPORT* DOL’s Employment and
Training Administration and the Office of Disability Employment Policy
release a new report on asset development–*Creating a Roadmap out of
Poverty for Americans with Disabilities: A Report on the Relationship of the
Employment and Training Administration’s Workforce Development System and
Local Asset-Building Coalitions*. This white paper is an example of ODEP’s
research into best practices in asset development. It focuses on three
cities: Detroit, Jacksonville, and Milwaukee and the tie-in between the
workforce development system and advancing self-sufficiency for individuals
with disabilities.
*[PDF version * <http://www.dol.gov/odep/documents/197953_DeptLabor.pdf>| *MS
Word version]*<http://www.dol.gov/odep/documents/ODEP_White%20Paper2009.doc>
*This document was developed by the National Center on Workforce and
Disability/Adult. The center was based at the Institute for Community
Inclusion at the University of Massachusetts Boston and funded through the
U.S. Department of Labor’s Office of Disability Employment Policy (ODEP)
grant number E-9-4-1-0071. The opinions expressed herein do not necessarily
reflect the position or policy of the U.S. Department of Labor, nor does
mention of trade names, commercial products, or organizations imply
endorsement by the U.S. Department of Labor. *
*AFP LAUNCHES EMPLOYMENT INITIATIVE FOR CITIZENS WITH INTELLECTUAL &
DEVELOPMENTAL DISABILITIES – WASHINGTON, DC *–The Alliance for Full
Participation (AFP) announced a national effort today to increase employment
in the U.S. for people with developmental disabilities. Individuals with
developmental disabilities want and need real jobs like everyone else. About
10% of the U.S. population has disabilities; but within that group, only 37%
of them are employed. And it’s worse for Americans with developmental
disabilities, where only 22% of the entire group is employed.
According to Chester Finn, President of Self Advocates Becoming Empowered,
“Employment is important for people with disabilities because we want to
work, make money and accomplish our goals and aspirations. Furthermore,
we’re contributing valuable skills and assets to our communities. The
Alliance for Full Participation focusing on employment for people with
disabilities will help the nation and states understand the importance of
employment, freedom, justice and equality.” The Alliance’s initiative
includes focused action and networking among multi-stakeholder state teams;
nationally webcast education and town-hall events; national and state-level
policy change advocacy; and directed local efforts to increase and enhance
employment for people with intellectual and developmental disabilities. Also
anticipated is an October 2011 national summit to share leading practice,
process recommendations and establish meaningful national outcomes. The
primary focus of this initiative is on achieving demonstrable results on a
state level. The Alliance is building and will guide state teams that
include people with intellectual and developmental disabilities and their
families, advocates, service providers, business organizations, state
government officials, and members of the general community to explore and
transform the environment for employment in all 50 states and the District
of Columbia. “Having a job leads to independence, making new friends, and
feeling like you make a difference,” says Nancy Thaler, executive director
of the National Association of State Directors of Developmental Disabilities
Services. “Having a job also means growing as a person, learning new things,
being a part of one’s community, and becoming a responsible, valued
citizen.” “Some states and some employers are already doing an excellent
job of supporting good jobs for people with disabilities,” adds Karen
Flippo, AFP liaison to the AFP state teams. “We want to highlight those
states and employers that are removing barriers and creating incentives, so
others can emulate them.” AFP members have each established national,
organizational goals and outlined planned actions to foster employment
opportunities for people with intellectual and developmental disabilities.
The primary focus of this nationwide effort is on demonstrative change in
individual states. “Meaningful employment for people with developmental
disabilities will go a long way toward realizing the goals of our 2005
summit – integration, productivity, independence and quality of life
choices. A person with a good job can afford housing, and the supports and
services that make their independence possible. With that job, people assume
responsibilities and provide resources to their communities,” says James F.
Gardner, Ph.D., president and CEO of the Council on Quality and Leadership,
and Chairman of the AFP Steering Committee. This effort stems from goals
voiced and agreed upon by self-advocates and advocates participating in the
2005 Alliance for Full Participation national summit in Washington, DC. To
learn more and get involved in this exciting new initiative, visit the AFP
website at www.allianceforfullparticipation.org.
*About the Alliance for Full Participation *
The AFP is a 501 (c)3 nonprofit organization comprised of 13 national
nonprofit organizations in the field of intellectual and developmental
disabilities:
American Association on Intellectual and Developmental Disabilities (AAIDD),
American Network of Community Options and Resources Foundation (ANCOR),
APSE: The Network on Employment,
The Arc of the United States
Association of University Centers on Disabilities (AUCD)
Autism Society of America (ASA)
The Council on Quality and Leadership (CQL)
Council of State Administrators of Vocational Rehabilitation
National Alliance for Direct Support Professionals (NADSP)
National Association of Councils on Development Disabilities (NACDD)
The National Association of State Directors of Developmental Disabilities
Services (NASDDDS)
NISH
Self-Advocates Becoming Empowered (SABE)
TASH
United Cerebral Palsy (UCP)
Each of these organizations represents distinct stakeholders within the
developmental disabilities community, yet all are united in commitment to
successful inclusion of people with intellectual and developmental
disabilities into mainstream American life. By bringing together the many
voices within these organizations and throughout the developmental
disabilities community, the Alliance for Full Participation is dedicated to
making the vision of full participation a reality. [The Alliance for Full
Participation, 202 Lexington Drive, Silver Spring, MD 20901, March 17, 2009]
*NASDDDS POSTS STATES’ RESTRAINTS RESPONSES/DOCUMENTS ONLINE* NASDDDS
recently asked state agencies to send descriptions and policies concerning
their use of restraints and restrictive procedures. We’ve posted* State DD
Agency Policies on the Use of Restrictive Procedures *
<*http://www.nasddds.org/RestrictiveProcedures/index.shtml*<http://www.nasddds.org/RestrictiveProcedures/index.shtml>>
on our website
<*http://www.nasddds.org/index.shtml* <http://www.nasddds.org/index.shtml>> ,
a comprehensive listing of state statutes, regulations, policies, and
procedures regarding the use of emergency or planned physical, chemical,
mechanical, or other restraints. Additional documents offer information on
positive behavior support guidelines, training manuals, and other
policy-related materials. Many emphasize the use of positive or non-aversive
interventions. Links are provided to access documents on many state DD
agency websites. Please review the materials and links listed for your
state to make sure that all relevant information is included and
appropriately referenced. Send additional articles, revisions, comments, and
suggestions to Chas Moseley (*cmoseley@nasddds.org* <cmoseley@nasddds.org>),
NASDDDS Associate Executive Director. [*Community Services Reporter*, Volume
16, Number 5, May 2009]
*NATIONAL DISABILITY RIGHTS NETWORK RELEASES RESTRAINTS REPORT *The
National Disability Rights Network (NDRN) released a national report on
seclusion and restraints in U.S. schools *
http://www.napas.org/sr/SR-Report.pdf*<http://www.napas.org/sr/SR-Report.pdf> .
The report shows an unsettling use of seclusion and restraint tactics, which
resulted in physical and emotional injuries as well as deaths, in schools
affecting students from grades K-12. A number of the students have autism or
other disabilities. “This report documents dozens of seclusion and prone
restraint cases that have resulted in injuries and even death,” said Curt
Decker, executive director of the National Disability Rights Network. “We
feel that these numbers represent just the tip of the iceberg as there is no
national reporting structure or official tracking of such incidents.” NDRN
also called for the Obama administration and Congress to ban the use of
prone restraint and seclusion under federal law. The group is also calling
for a national summit to devise plans to implement these bans and encourage
the use of evidence-based positive behavioral supports. ”Unfortunately,
this report shows us that in too many schools in too many places children
with disabilities are not safe – and are often subjected to inhuman
treatment: being locked in rooms, tied down, or worse,” said. U.S. Senator
Chris Dodd (D-CT), who spoke at a briefing when the report was released. To
read the report, click on *School is Not Supposed to Hurt** **
http://www.napas.org/sr/SR-Report.pdf*<http://www.napas.org/sr/SR-Report.pdf>
* *. [*Community Services Reporter*, Volume 16, Number 5, May 2009]
*TEXAS LEGISLATORS MOVE ON “FIGHT CLUBS” IN INSTITUTIONS * Texas
legislators are considering a proposal to provide further protections to
individuals with developmental disabilities in institutions. House Bill 1317
(*
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1317
*<http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1317>
) comes on the heels of verified reports that staff at Corpus Christi State
School, and possibly other state institutions, are forcing residents to
fight each other in orchestrated, late-night “fight clubs.” The legislation
also aims to address one of the Department of Justice’s concerns that Texans
residing in state schools are not in a safe environment. “At this moment,
we have a moral and a constitutional responsibility to protect our most
vulnerable citizens,” lead author of HB 1317 Texas State Representative
Patrick Rose said. “I am working with my colleagues to get emergency
legislation before the full House as quickly as possible.” Representative
Rose also introduced House Bill 1589
(*
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1589
*<http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1589>
) that requires the Health Human Services Commission to create a strategic
plan to reform services and to meet national institutionalization rates in
10 years, by rebalancing its system in favor of community-based care and by
consolidating and closing some state schools. This measure would address the
Department of Justice’s second main finding that Texas is failing to serve
its citizens with intellectual and developmental disabilities in the most
integrated setting possible. [*Community Services Reporter*, Volume 16,
Number 5, May 2009]
*HARKIN EXPRESSES STRONG DESIRE FOR MAJOR REFORM OF CURRENT EMPLOYMENT
REGULATIONS IMPACTING PEOPLE WITH SIGNIFICANT DISABILITIES * On the heels of
a March Congressional hearing of the Senate Special Committee on Aging
probing the actions of a turkey manufacturing plant who housed and employed
individuals with significant disabilities in squalor conditions under
existing federal programs, Senator Harkin is now developing employment
legislation that would revisit current regulations that allow employment
providers to pay subminimal wages to individuals with significant
intellectual and developmental disabilities. Staff from Senator Harkin’s
office are currently meeting with a number of key stakeholders to receive
feedback on possible reforms to existing policies, as well as the creation
of new policies to incentivize employers to recruit, hire and develop
employees with developmental and intellectual disabilities. Interest from
several Congressional Caucuses focused on individuals with significant
disabilities have expressed similar interest in introducing legislation in
the 111th Congress. NDI is working closely with the Collaboration to Promote
Self-Determination (an informal network of over 17 national policy
organizations focused on high-impact, innovative policy reform to promote
employment, asset development and long-term supports for individuals with
developmental and intellectual disabilities) and other policy stakeholder
groups to ensure that current barriers that disincentivize individuals with
significant disabilities from obtaining employment be addressed in any
legislation that is introduced. [National Disability Institute, Vol. 1, No.
4, May 2009 ]
*ABLE ACT UPDATE * During the month of April, advocates of the Achieving a
Better Life Experience Act (ABLE Act) of 2009 continued to push for
additional cosponsors of the bill in both chambers (H.R. 1205/S. 493). As
reported in previous editions of the *Washington Insider*, the ABLE Act
would amend the Internal Revenue Code of 1986 to provide for the
establishment of tax deferred accounts for the future care of family members
with disabilities. The ABLE Act would give individuals with disabilities and
their families access to savings accounts that would allow individual choice
and control while protecting eligibility for Medicaid, SSI, and other
important federal benefits for people with disabilities. Individuals could
create a disability savings account that would accrue interest tax-free.
Withdrawals would not be taxed as long as they are used to pay for qualified
expenses. The account could fund a variety of essential expenses for the
person with a disability, including educational expenses; medical and dental
care; health, prevention, and wellness expenditures; employment training and
support; assistive technology; personal supports services; transportation;
housing; and other expenses for life necessities. Only six weeks after its
introduction in the House of Representatives, H.R. 1205 now possesses over
83 cosponsors. Additionally, the Senate version (S. 493) now has nine
cosponsors. NDI is partnering with other external organizations to sponsor
an educational briefing for Congressional staff on Tuesday, June 2nd from
12:00-1:30 p.m. in HC-6 of the U.S. Capitol. NDI is also taking the lead in
drafting additional educational materials to provide more specific details
to both policy makers and stakeholders in the field on various components of
the legislation. These materials will be available by late May and posted
onto NDI’s website at *www.ndi-inc.org* <http://www.ndi-inc.org/> . *[National
Disability Institute*, Vol. 1, No. 4, May 2009 ]
*MEDICAID: CMS PROVIDES GUIDANCE ON FMAP *President Obama released $15
billion in increased FMAP funding in February to states and deposited the
funds in separate Treasury accounts so that states, the District of
Columbia, and the Territories could begin drawing down those funds. The $15
billion was I issued in two grant awards for the first two quarters of
fiscal year 2009 (retroactive to October 1, 2008). These funds were *advanced
* to states, and states could begin immediately drawing down increased FMAP
funds assuming compliance with five requirements listed in the ARRA. The
Centers for Medicare and Medicaid Services (CMS) provided guidance to states
in late March regarding the $87 billion in the increased Federal Medical
Assistance Percentage (FMAP) under the American Recovery and Reinvestment
Act of 2009. This guidance is available on ANCOR’s economic recovery web
site (*
http://www.ancor.org/issues/budget/ARRA_section5001-FMAP-FactSheet_CMS.pdf*<http://www.ancor.org/issues/budget/ARRA_section5001-FMAP-FactSheet_CMS.pdf>
). CMS provided a fact sheet with background information on the FMAP
methodology and grant issuance, clarifications on the eligibility
maintenance of effort (MOE) requirements, and procedures for states to
regain eligibility for the increased FMAP. CMS also provided answers to
frequently asked questions. The following are highlights from some of the
frequently asked and answered questions.
*Two Separate Medicaid Sub-accounts*
In the future, states must draw federal funds from two Payment Management
System (PMS) sub-accounts: 1) the portion of federal funds related to the
regular FMAP must be drawn from the regular Medicaid PMS account and 2) the
portion of federal funds associated with the increased FMAP must be drawn
from the separate ARRA account. *NOTE: *These funds must be drawn down
separately, tracked separately, and reported separately to CMS for federal
reimbursement. On an ongoing basis, the states will request the additional
increased FMAP funding as part of the established quarterly Medicaid budget
submission to CMS and those funds will be provided on a quarterly basis
through the separate increased FMAP grant award issued to each state. States
will continue to receive a separate grant award for the amounts of funding
at the regular FMAP. *NOTE: *The final determination of allowable
expenditures and reconciliation of grant awards have yet to be determined by
CMS. When all the actual expenditures for the quarter have been submitted
and reviewed by CMS, final reconciling grant awards will be issued for the
final amounts due under the ARRA. Expenditures for which the state draws
funds *must be eligible expenditures * and do not include spending for the
following: disproportionate share hospitals, family planning services,
administrative expenditures, and * expenditures for Medicaid to individuals
made eligible because of increased income eligibility standards higher than
those in effect on July 1, 2008*.
*CMS Guidance on MOE Requirements and Effect on HCBS Waivers*
The ARRA places maintenance of efforts regarding eligibility restriction on
states for states to draw down the increased FMAP. States must apply
Medicaid *eligibility standards, methodologies and procedures that are no
more restrictive * than those in effect under the state Medicaid plan (or
any waiver or demonstration project) on July 1, 2008. Guidance is provided
to states regarding restoring eligibility policies in order to receive the
increased FMAP. The MOE requirement explicitly applies to “eligibility
standards” and *does not apply to provider rates. * CMS makes clear that the
ARRA Section 5001 *applies to financial eligibility standards *(poverty
levels and asset tests, as well as methodologies for determining income and
assets, and to application/renewal procedures). However, *changes in waiver
program procedures * (including medical necessity and level of care
determinations) that restrict or limit eligibility for waiver services *will
put at risk the state’s eligibility for increased FMAP. * Each state should
actively review its MOE principles for existing programs. CMS offers the
following guidance in determining state compliance with the eligibility MOE
requirements.
- *Not eliminate any eligibility groups or sub-groups* under the state
plan since July 1, 2008 (e.g., if medically needy group as a whole is still
covered, the state *cannot eliminate one or more categorical subgroups
such as the aged or disabled from the group.*
- *Not eliminate the coverage for any eligibility group or subgroups
pursuant to any section 1915(c) Home and Community Based Services Waiver*
.
- Not institute or increase premiums that may restrict, limit or delay
eligibility.
- *Not increase stringency in institutional level of care determination
processes that result in actual or potential loss of eligibility or in the
special eligibility group for 1915(c) waiver service*
- *Not adjust cost neutrality calculations for 1915 (c) waivers from the
aggregate to the individual*, resulting in individuals being dropped from
waiver coverage or hindered from moving from an institutional
- setting.
- *Not reduce occupied 1915(c) waiver capacity*.
- *Not reduce or eliminate 1915(c) approved waiver slots unoccupied as of
July 1, 2008.*
- *Not restrict adjustments to financial eligibility criteria of the
Medicaid program or 1915(c) waiver. *[*ANCOR Links*, May 2009, Volume
40, Number 5]
*FEDERAL WAGE AND HOUR GUIDANCE: Special Overtime Exception Available To
Agencies That Provide Remedial Training *By Joni Fritz, Labor Standards
Specialist * * There is a special exception to overtime requirements for
employers who provide remedial training to their employees. It was enacted
in 1989 under section 7(q) of the Fair Labor Standards Act and is
implemented in *29 Code of Federal Regulations * §778.603. This provision
allows employers to *require * that an employee spend up to 10 hours of
remedial training in any workweek without receiving overtime compensation.
However, under this provision the employee must receive his or her regular
hourly rate of pay rather than a lower training rate. Eligible employees
may not have received a high school diploma or attained the eighth grade
level of education. The remedial education must be designed to provide
reading and other basic skills at an eighth-grade level or below, or to
fulfill the requirements for a high school diploma or General Educational
Development (GED) certificate. The remedial education may not include
job-specific training. Records must be kept of the hours an employee is
engaged each workday and each workweek, with compensation paid for each
educational period. In addition, regulations require that the remedial
education be conducted during “discrete periods of time set aside for such a
program, and, to the maximum extent practicable, away from the employee’s
normal work station.” It is important to keep in mind that this is not a
total minimum wage and overtime exemption, but just an exception to the
usual requirement that time and a-half be paid when an employee has worked
more than 40 hours in a workweek. The exception cannot be extended to other
types of overtime due, only to the overtime spent in remedial training.
This provision offers a proverbial win-win situation in that it provides an
opportunity for employees to obtain paid training that will enhance their
abilities in any job and in life outside of the workplace, while enabling
employers to improve the skills of employees so they will become more
proficient in their daily duties without having to pay overtime. [*ANCOR
Links*, May 2009, Volume 40, Number 5]
*PRICED OUT OF HOUSING: People With Disabilities Need 112% of SSI to Rent
One-Bedroom * * *A new report issued April 13th by the Technical Assistance
Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD)
Housing Task force reveals data that illustrates the severe housing
affordability problems of people with disabilities who must survive on
incomes far below the federal poverty line. This report, *Priced Out in 2008
(**http://www.tacinc.org/pubs/pricedout/2008.html*<http://www.tacinc.org/pubs/pricedout/2008.html>
*)*, compares the federal Supplemental Security Income (SSI) payments of
people with serious and long-term disabilities to U.S. Department of Housing
and Urban Development (HUD) Fair Market Rents for modestly priced rental
units. Across the United States in 2008, people with disabilities with the
lowest incomes faced an extreme housing affordability crisis as rents for
moderately priced studio and one-bedroom apartments soared above their
entire monthly income. In fact, the amount of monthly SSI income needed to
rent a modest one-bedroom unit has risen 62 percent from 69 percent of SSI
in 1998 to 112.1 percent of SSI in 2008. The national average rent for a
one-bedroom unit climbed to $749 per month and the studio/efficiency unit
rent to $663 per month in 2008 – both higher than $667, the average monthly
income of over 4 million people with disabilities.
*According to Priced Out in 2008:*
In 2008, 219 housing market areas across 41 states had modest one-bedroom
rents that exceeded 100 percent of monthly SSI, including 25 communities
with rents over 150 percent. Between 2006-2008, the number of market areas
with modest rents higher than SSI rose from 164 to 219 – a 34 percent
increase. For the first time, there were 3 housing market areas – Honolulu
(HI), Columbia City (MD), and Nantucket County (MA) – where SSI recipients
needed to spend over 200 percent of their income for a modest 1-bedroom
housing unit.
*Take Action on Federal Housing Legislation *Providers continue to support
legislation that would increase the availability of affordable, accessible
housing—the Frank Melville Supportive Housing Investment Act of 2009 (H.R.
1675 –
*
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1675ih.txt.pdf
*<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1675ih.txt.pdf>),
introduced by Representatives Chris Murphy (D-CT) and Judy Biggert (R-IL).
The bill would increase the number of affordable, accessible housing units
for people with disabilities by:
- Removing “red tape” and streamlining the HUD Section 811 application
process to encourage nonprofit providers to participate in the program.
- Authorizing a new Section 811 Demonstration Program that would make
housing units funded through Low Income Housing Tax Credits and the HOME
program affordable to individuals who rely on SSI and SSDI.
- Shifting renewal of Section 811-funded Mainstream Vouchers to the
Section 8 Housing Choice Voucher Program Budget.
Use *ANCOR’s Action Center to make your voice heard in Congress! Visit
ANCOR’s * Action Alert (*
http://capwiz.com/ancor/issues/alert/?alertid=13140801*<http://capwiz.com/ancor/issues/alert/?alertid=13140801>)
to personalize and send a letter to your members of Congress asking them to
co-sponsor the Frank Melville Supportive Housing Investment Act (H.R.
1675). [*ANCOR Links*, May 2009, Volume 40, Number 5]
*ALLIANCE TO FOCUS ON EMPLOYMENT FOR PEOPLE WITH DISABILITIES * * *In March,
the Alliance for Full Participation (AFP) announced a national effort to
increase employment in the U.S. for people with developmental disabilities.
(ANCOR is a founding member of the Alliance and encourages all member
providers to get involved with teams being formed in their states.)
Individuals with developmental disabilities want and need real jobs like
everyone else. About 10% of the U.S. population has disabilities; but within
that group, only 37% of them are employed. And it’s worse for Americans with
developmental disabilities, where only 22% of the entire group is employed.
According to Chester Finn, President of *Self Advocates Becoming Empowered (
**http://www.sabeusa.org/* <http://www.sabeusa.org/>*), * “Employment is
important for people with disabilities because we want to work, make money
and accomplish our goals and aspirations. Furthermore, we’re contributing
valuable skills and assets to our communities. The Alliance for Full
Participation focusing on employment for people with disabilities will help
the nation and states understand the importance of employment, freedom,
justice and equality.” The Alliance’s initiative includes focused action
and networking among multi-stakeholder state teams; nationally webcast
education and town-hall events; national and state-level policy change
advocacy; and directed local efforts to increase and enhance employment for
people with intellectual and developmental disabilities. Also anticipated is
an October 2011 national summit to share leading practice, process
recommendations and establish meaningful national outcomes. The primary
focus of this initiative is on achieving demonstrable results on a state
level. The Alliance is building and will guide state teams that include
people with intellectual and developmental disabilities and their families,
advocates, service providers, business organizations, state government
officials, and members of the general community to explore and transform the
environment for employment in all 50 states and the District of Columbia.
“Some states and some employers are already doing an excellent job of
supporting good jobs for people with disabilities,” adds Karen Flippo, AFP
liaison to the AFP state teams. “We want to highlight those states and
employers that are removing barriers and creating incentives, so others can
emulate them.” AFP members have each established national, organizational
goals and outlined planned actions to foster employment opportunities for
people with intellectual and developmental disabilities. The primary focus
of this nationwide effort is on demonstrative change in individual states.
“Meaningful employment for people with developmental disabilities will go a
long way toward realizing the goals of our 2005 summit – integration,
productivity, independence and quality of life choices. A person with a good
job can afford housing, and the supports and services that make their
independence possible. With that job, people assume responsibilities and
provide resources to their communities,” says James F. Gardner, Ph.D.,
president and CEO of the *Council on Quality and Leadership *(*
http://www.c-q-l.org/* <http://www.c-q-l.org/>), and Chairman of the AFP
Steering Committee This effort stems from goals voiced and agreed upon by
self-advocates and advocates participating in the 2005 Alliance for Full
Participation national summit in Washington, DC. To learn more and get
involved in this exciting new initiative, visit the AFP website at *
www.allianceforfullparticipation.org*<http://www.allianceforfullparticipation.org/>.
[*ANCOR Links*, May 2009, Volume 40, Number 5]
*ENVIABLE LIVES: The Business Plan Conference AAIDD Conference June 9-12,
in New Orleans, LA A Different Type of Conference * This conference will
provide opportunities to meet many leaders in our field in casual settings.
It is structured for practitioners, researchers, students, self-advocates,
policy makers and other professionals to exchange practical information on
creating enviable lives for each and every person we serve. There will be
interactive cafes for roundtable discussions with leaders, poster
presentations where there will be a chance for you to share research and
practice ideas and expertise directly, and resource areas to share materials
you have developed. These will be the focus along with the more traditional
panel presentations, and plenary sessions. Topics for Plenary Sessions,
Interactive Cafés, and Panel Presentations include:
Assistive Technology
Communication
Employment
Emergency Preparedness
Families
Health
ID Definition and Support
Innovative Leadership Practices in Agencies
Leadership Training for Self-Advocates
Mental Health and Behavioral Supports
Positive Behavioral Support
Post Secondary Education
Quality
Self Determination
Social Inclusion
Succession Planning
There will also be a Special Presentation by Wolf Wolfensberger on “The Era
of Shrinking Resources.”
AAIDD encourages interested individuals to respond to the Call for Papers
and share your ideas and expertise in areas including communication,
education, emergency planning, employment, families, health, leadership,
life connections, quality, self determination, and technology. To register
and for information on the Call for Papers, visit AAIDD at *www.aaidd.org*<http://www.aaidd.org/>.
[*ANCOR Links*, May 2009, Volume 40, Number 5]
**GRANTS*GRANTS*GRANTS*GRANTS*GRANTS*GRANTS*GRANTS*GRANTS*GRANTS**
*CONFERENCE CELEBRATES AMERICA’S VOLUNTEERS*
*National Conference on Volunteering and Service*<http://www.volunteeringandservice.org/>
The 2009 National Conference on Volunteering and Service is the world’s
largest gathering of volunteer and service leaders from the nonprofit,
government, and corporate sectors. This year’s theme is, “Civic. Energy.
Generation.” Participants will learn about the role of volunteerism in
meeting critical community needs and will take part in vital conversations
about the future of service and volunteering in America. This year’s
conference will reflect the tremendous excitement in the U.S. today as
people of all ages and backgrounds unify in a powerful movement to bring
about social change. The conference will be held on June 22-24, 2009, in San
Francisco, CA. Conference details are available on the website listed above.
[Oklahoma Center for Nonprofits - GrantStation Insider 05.11.2009]
*ORGANIZATION ENCOURAGES PHILANTHROPY FOR PUBLIC BENEFIT*
*National Committee for Responsive Philanthropy* <http://www.ncrp.org/>
The National Committee for Responsive Philanthropy (NCRP) promotes
philanthropy that serves the public good, is responsive to people and
communities with the least wealth and opportunity, and is held accountable
to the highest standards of integrity and openness. Through research and
advocacy, NCRP encourages the philanthropic community to provide nonprofit
organizations with essential resources and opportunities to effectively
serve disadvantaged and disenfranchised populations and communities
throughout the country. To learn more about NCRP’s work, visit the website
listed above. [Oklahoma Center for Nonprofits - GrantStation Insider
05.11.2009]
*David Bohnett Foundation* <http://www.grantstation.com/index.asp#twenty>
The David Bohnett Foundation encourages social activism by supporting a
number of local and national initiatives with funding, state-of-the-art
technology, and technical support. [Oklahoma Center for Nonprofits -
GrantStation Insider 05.11.2009]
*Department of Commerce: Economic Development Administration: Recovery Act
Funding*<http://www07.grants.gov/search/search.do?&mode=VIEW&flag2006=false&oppId=45786>
This program provides financial assistance to distressed communities in both
urban and rural regions. [Oklahoma Center for Nonprofits - GrantStation
Insider 05.11.2009]
*USDA: Rural Development Community Connect Grant Program*<http://www.usda.gov/rus/telecom/commconnect.htm>
This program provides financial assistance to furnish broadband service in
rural, economically-challenged communities where such service does not
currently exist. [Oklahoma Center for Nonprofits - GrantStation Insider
05.11.2009]
**EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA*EXTRA**
*GUIDESTAR SURVEY: HARD TIMES FOR CHARITABLE ORGANIZATIONS* Last November,
when we reported on the results of our annual nonprofit economic survey, we
warned, “*Fasten Your Seatbelts: It’s Going to Be a Bumpy Giving Season*<http://www2.guidestar.org/rxa/news/articles/2008/fasten-your-seatbelts-its-going-to-be-a-bumpy-giving-season.aspx>.”
As 2008 ended and 2009 began, we saw a deluge of news reports about the
economy’s impact, including its effect on nonprofits. Given the severity of
the downturn and the number of stories about organizations adversely
affected by it, we decided to do a follow-up nonprofit economic survey. We
invited Newsletter subscribers associated with 501(c)(3) public charities
and private foundations to participate in the survey. Readers representing
2,979 organizations took the survey on-line between March 2 and March 16,
2009. Here’s what they told us.
*Bumpy Giving Season and New Year, Indeed*
We asked, “Did total contributions to your organization increase, decrease,
or stay about the same between October 2008 and February 2009, compared to
the same period a year earlier?” Some 52 percent of organizations reported a
decrease. That figure was significantly higher than the 35 percent who
reported lower contributions for January-September 2008, which was nearly
double the 19 percent who reported a decline for January-September 2007:
*Change in Contributions*
Period Covered by Survey Contributions Decreased Contributions Stayed
about the Same Contributions Increased Don’t Know October 2008-February 2009
52% 27% 20% 1% January-September 2008 35% 25% 38% 2% January-September 2007
19% 25% 52% 4%
Some 31 percent of organizations stated that contributions had dropped
“modestly,” and 21 percent said that they had fallen “greatly.” An equal
number -71 percent” of organizations for which contributions had dropped
cited “Gifts from individuals were smaller” and “Fewer individuals gave” as
causes of the decrease. Grantmakers also felt the pinch. About a third
(31 percent) said they gave less money in grants over the five-month period
than during the same period a year earlier. A total of 59 percent of
organizations reported increased demand for their services between October
2008 and February 2009. Some 32 percent said demand had increased
“modestly,” and 27 percent said it had grown “greatly.” Eight percent of
organizations reported that they were in imminent danger of folding because
of financial reasons.
*How Nonprofits Are Coping*
In addition to learning * what* charities and foundations were experiencing,
we wanted to find out *how* they were responding to the crisis. Only
35 percent of organizations had cut their 2009 budgets from 2008 levels.
That more had not done so, however, reflected more of an increased need for
their services than prospects for raising money to meet that demand. Of the
organizations that had cut their budgets, 57 percent had reduced services,
45 percent had frozen staff salaries, 37 percent had imposed hiring freezes,
and 30 percent had resorted to layoffs. Other strategies included salary
reduction (20 percent), reduction in employee benefits (20 percent), and
reduction in operating hours (13 percent). Although a majority (57 percent)
of grantmakers reported that they had not altered their grantmaking
practices or guidelines in response to the downturn, the remaining
grantmaking organizations (less the 2 percent who did not know) reported
that they had:
- Cut back on types of programs funded – 17%
- Reduced amounts of payouts they had previously committed to – 8%
- Stopped accepting grant applications – 7%
- Only accepted applications from organizations they had funded before -
5%
- Increased grantmaking specifically to help grantees cope with the
economy – 5%
- Did not make payouts they had previously committed to – 1%
*Read the survey report> *<http://publications.guidestar.org/nonprofit-economic-report>
*More Follow-up This Year*
Because of the severity of the current crisis, we will conduct another
nonprofit economic survey next month. The results will be published in the
August issue of the Newsletter. We’ll conduct our annual nonprofit economic
survey in October. Those results will appear in our December issue.
[Suzanne E. Coffman, May 2009, © 2009, GuideStar USA, Inc. *Suzanne Coffman
is GuideStar's director of communications and editor of the Newsletter.
Chuck McLean, GuideStar’s vice president for research, and Carol Brouwer,
research assistant, conducted, analyzed, and prepared the report on the
March 2009 nonprofit economic survey.] * [GuideStar Newsletter, May 2009,
Volume 9, Issue 5]
*DO-IT-YOURSELF FUNDRAISING: HOW TO GET MONEY FOR YOUR NONPROFIT*
Nonprofits seem always to be looking for money. The panic of making budget
seems to make raising money impossible without knowing someone rich and
famous such as Bill Gates or Warren Buffet. But fundraising isn’t
impossible. It can be an incredibly exciting adventure. Here is a simple
plan to get your fundraising off to a good start and that you can use for
years to come.
*Get R.E.A.L.*
To keep it easy, think about the acronym “R.E.A.L.” It stands for Research,
Engage, Ask, and Love.
*Research*
The first step of research is to figure out specifically how much you need
to raise. This may seem obvious, but most groups never put a specific dollar
amount on their need. Once that need is determined, it’s important to
research how many gifts you’ll need. If you’re attempting to raise $100,000,
the knee-jerk reaction will probably be “We just need to find 100 people
that will give us $1,000.” As nice as that seems, decades of fundraising
experience have shown that that simply isn’t how it works. A gift grid is
one of the most helpful tools for determining how many gifts it will take to
reach your goal. A free on-line version can be found at *
www.GiftRangeCalculator.com* <http://www.GiftRangeCalculator.com>. Over the
years, fundraisers have found that you need at least one gift equaling
10Â percent of the total. The next two should equal 5Â percent of the total,
etc. So, to reach your goal of $100,000, you’ll need at least one donor to
give a minimum of $10,000. Experience also shows that you’ll need to have
four or five prospects to achieve that gift. Work through the grid until you
have names of prospects for each level. As you’re building your prospect
list, you’ll want to continue your research. Google can be an incredibly
helpful tool. So can your board members and a development committee that
acts as a peer review committee. Invite these people to review your prospect
list with you. At the meeting, remind them of your cause and fundraising
goals, then go over the names of prospects. One simple method for
evaluating prospects is conducting what can be called a *”CPI screening”:*rating each prospect on
*CAPACITY, PHILANTHROPY,* and *INTEREST.*
- Does the prospect have * CAPACITY?* i.e., are they financially able to
make a gift?
- Are they *PHILANTHROPIC?* That is, are they generous with their money?
If the prospect can’t make a worthwhile gift or doesn’t have a track record
of giving, you would be better served seeking donations elsewhere.
- Are they *INTERESTED* in your cause? Find out what other causes they’ve
supported.
Have the people on the committee assign a score of 1 to 5 for each category,
with 1 being lowest, 5 being highest. CPI screening can be useful because it
removes individual personalities from prospect rating, making the process
more objective. You should promptly visit anyone scoring 12 or more. But
watch for those with high scores in the first two categories and some
inclination to your cause. Although you can’t make someone more wealthy or
generous, you can help them become more interested in your organization.
Which brings us to the second step, engage.
*Engage*
This step is like the dating part of the relationship. It’s important to get
to know your prospects before you “pop the question.” Although you’ll
certainly want to share the story of your cause, take time to get to know
the potential donors, listen to their stories, discover their interests,
hear their goals. If the prospect has *C* and *P,* then here’s where you
work on *I.*
*Ask*
The number one reason people don’t give money to your cause is that they are
not asked. Even if you skip the prior two steps, you’ll still reach some
level of success by consistently executing this one. If you’ve done the
first two steps, this step will be quite fun. You’ll already have the odds
in your favor. You know that your prospective donors are predisposed to
saying “yes,” and you’ll have had time to shape the “ask” around their
passions. It can be helpful to ask people for gifts spread out over a
period of time, i.e., “$1,000 a year for three years.” This technique shows
that you consider your cause important enough for a substantial investment,
and it saves you from having to ask the same people for gifts again and
again.
*Love*
This step is easy if the prospect said “yes” when you asked. Be sure to
thank him or her about seven times before you ask again. But fundraising is
all about relationships. The work really starts if your potential donor said
“no.” The big thing is to not burn any bridges. If you made it all the way
to the “ask,” you had good reason to believe your prospect would say yes.
The timing simply might not have been right. If you keep in touch, this
person just may give in the future. People will remember you if you’re
exceptional at handling a “no.” And refusing a request can be so difficult,
they’ll be grateful for your composure.
*Closing Thoughts*
Remember, every year more than $300 billion is given to nonprofits in the
United States alone. Your nonprofit could definitely get a piece of those
philanthropic dollars. But you need a realistic goal, a compelling story,
and a disciplined approach to fundraising.
Congratulations! You’re embarking on a wonderful adventure! Asking people
for money is one of the best vocations in the world! [Marc A. Pitman, ©
2009, Marc A. Pitman. *Marc A. Pitman, author of* Ask Without Fear! * is the
founder of **FundraisingCoach.com* <http://FundraisingCoach.com>*. A
sought-after speaker, his fundraising training both trains beginning
fundraisers and re-energizes veterans. For more information, or to sign up
for his free e-zine, please visit **http://FundraisingCoach.com*<http://fundraisingcoach.com/>
*.] * [GuideStar Newsletter, May 2009, Volume 9, Issue 5]
*THE REVISED FORM 990: A HOW-TO GUIDE FOR YOUR ORGANIZATION* Note: The
following discussion is provided for informational purposes and is not
intended to serve as legal or tax advice. For specific information about
completing IRS Form 990, consult your legal or tax advisor. On December 20,
2007, the Internal Revenue Service introduced the revised 2008 Form 990,
Return of Organization Exempt from Income Tax. This was the first redesign
of the Form 990 in over 30 years, having no previous significant revisions
since 1979. Although the new Form 990 still requires financial information
as it did in the past, there are expanded reporting requirements, including
information related to governance, oversight, and additional disclosures.
The revised Form 990 will require expanded recordkeeping and disclosure of
information regarding the organization’s governance and administrative
policies. The IRS’s intent is to improve the governance behaviors of
organizations. With the current state of the economy in the forefront of all
donors’ minds, the Form 990 is an important tool that donors can use to
compare organizations. With donors’ ability to compare “apples to apples,”
nonprofits will not want to have missed out on contributions simply because
their response to questions regarding governance, oversight, and
accountability were less favorable than those of other organizations
competing for the same funds.
*Board Independence*
In previous tax years, an organization needed only to disclose the total
number of voting members of its governing body. Starting in 2008, nonprofits
will need to disclose the number of voting members of its governing body
that are “independent.” Each board will need to examine, on an annual basis,
whether its voting members meet the definition of “independent” as defined
by the IRS. There are four circumstances that must be in effect for the
entire reporting period for a board member to be considered independent. For
a board to monitor each of these items for all board members throughout the
year could be time-consuming. We suggest that your staff administer the
following checklist at the end of each reporting period with the following
questions. If any of the questions are answered “yes,” the independence of
that board member is considered to be impaired, and that member should be
left out of the final “independent board member” count. Once this
information has been received and the final count compiled, your staff will
then be able to certify to your committee responsible for overseeing,
completion, and acceptance of the Form 990 that the independence has been
reviewed and updated according to IRS regulations.
1. Were you compensated as an officer or other employee from this or a
related organization?
2. Did you receive total compensation or other payments exceeding $10,000
for the year from this or a related organization as an independent
contractor? (This figure does not include reimbursement of expenses or
reasonable compensation for services provided in the capacity as a member of
the governing body.)
3. Did you receive, directly or indirectly, material financial benefits
from this or a related organization, including:
1. Loans between you and the organization of greater than $50,000?
2. Loans under $50,000 on arm’s length or more favorable terms?
3. A transaction in which an economic benefit is provided to you,
directly or indirectly, and the value of the economic benefit provided
exceeds the value of the consideration (including the performance of
services) received for providing such benefit?
4. Loans, salary advances, and other advances and receivables?
(This does not include advances under an accountable plan, pledges
receivable that would qualify as a charitable contribution when paid,
accrued but unpaid compensation, or receivables outstanding that were
created in the ordinary course of the organization’s business on the same
terms as offered to the general public.)
5. A grant, scholarship, fellowship, internship, prize, award, or
other assistance (including provisions of goods, services, or use of
facilities) to you or one of your relatives? (Do not include business
transactions for full and fair consideration engaged in to serve the direct
and immediate needs of the organization, such as payment of compensation to
an employee or consultant in exchange for services of comparable value.)
6. A direct business relationship with the organization (other than
as an officer, director, trustee, or key employee)?
7. An indirect business relationship through ownership of more than
35 percent in another entity?
8. A family member who has a direct or indirect business
relationship with your organization?
9. Serve as an officer, director, trustee, key employee, partner,
or member of another entity doing business with your organization?
4. Did you have a family member that received compensation or other
material financial benefits from this or a related organization?
*Family and Business Relationships*
The new Form 990 now requires disclosure of family and business
relationships between any officer, director, trustee, or key employee. These
types of relationships can be quite fluid and change from year to year, so
updating this information annually will be a necessity. To solve this
problem, we suggest a second checklist be administered by your staff. The
checklist should include the following:
1. All family relationships with another officer, director, trustee, or
key employee who is one of the following: a spouse, ancestor, brother or
sister (whether whole or half blood), child (whether natural or adopted),
grandchild, and spouse of brothers, sisters, children, and grandchildren. He
or she will be required to identify the name of the person but is not
required to identify the specific type of family relationship.
2. All business relationships with the following:
a. one person is employed by the other in a sole proprietorship, or,
employed by an organization with which the other is associated as a trustee,
director, officer, key employee, or greater than 35 percent owner;
b. one person is transacting business with the other in one or more
contracts of sale, lease, license, loan, performance of services, or other
transaction involving transfers of cash or property valued in excess of
$5,000 in total for the year, or, with an organization with which the other
person is associated as a trustee, director, officer, key employee, or
greater than 35 percent owner;
c. the two persons are each a director, trustee, officer, or greater than
10 percent owner in the same business or investment entity.
*Other Board Actions*
There are several other questions on the revised Form 990 regarding the
board’s implementation of certain policies and procedures related to
governance and oversight. Keep in mind, if you choose not to implement any
of these policies, you will need to be prepared to explain “why not.” Each
policy is listed below for your organization’s consideration, discussion,
and implementation.
1. If you have not already adopted a mission statement, compose and
adopt one immediately.
2. If your organization doesn’t contemporaneously document the
meetings held or written actions undertaken during the year by the governing
body and each committee with authority to act on behalf of the governing
body, adopt a policy to do so.
3. If your organization has local chapters, branches, or affiliates,
adopt written policies and procedures governing the activities of such
chapters, affiliates, and branches to ensure that their operations are
consistent with those of your organization.
4. Was a copy of the Form 990, including required schedules, as
ultimately filed with the IRS, provided to each voting member of your
governing body before it was filed? If not, put policies in place to do so.
5. If you do not have a written conflict of interest policy, have your
governing body adopt one. The regular and consistent monitoring, compliance,
and enforcement of such a policy would be easy to do if you have already
taken the steps each year to document all family and business relationships.
6. Adopt a written whistleblower policy to establish procedures for
treatment of employees’ complaints regarding suspected financial impropriety
or misuse of the organization’s resources.
7. Adopt a written document retention and destruction policy outlining
backup procedures, archival, storage, maintenance, and destruction of
electronic and hard-copy files.
8. Form a compensation committee and ensure that the process for
determining compensation of the organization’s CEO, executive director, or
top management official, other officers, and key employees includes a review
and approval by independent persons, comparability data, and contemporaneous
substantiation of the deliberation and decision.
9. Adopt a written policy regarding payment, reimbursement, and
required substantiation for the following: any form of travel above standard
fare for members and companions, retirement plans, discretionary spending
accounts, allowances for housing, personal and business use of residences,
dues and fees to social or health clubs, personal services such as a private
chef or chauffeur.
10. Adopt policy and procedures to provide donors and the public with
information about fundraising costs and practices.
11. Adopt a policy for periodic review with your staff and board
members on the rules constraining lobbying and political activities.
12. Adopt a written policy or procedure that requires you to evaluate
your participation in joint venture arrangements to ensure that your exempt
status is protected and take steps to safeguard your exempt status with
respect to such arrangements.
13. Adopt a gift acceptance policy to provide for substantiation of
gifts of more than $250 and review any non-standard contributions, real
property, or vehicles.
14. Adopt a conservation easement policy to provide for periodic
monitoring, inspection, and enforcement.
15. Adopt a policy to confirm that your tax-exempt bonds are in
compliance.
16. Exempt organizations must make publicly available their Forms 1023
or 1024 application for exempt status, and Forms 990 and 990-T for a period
of three years from the date filed. They can be disclosed on your own Web
site, another organization’s Web site, or upon request. Be advised that
organizations that do not make their information related to application for
exempt status and annual information returns available for public inspection
are subject to fines and penalties.
17. You will be required to describe whether (and if so, how) you make
your governing documents, conflict of interest policy, and financial
statements (whether audited or not) available to the public. If no plan is
in place to make these documents available to the public, put one together
now.
18. Set up a committee that is responsible under your governing
documents or through delegation by your governing body for (i) overseeing
the audit, review, or compilation AND (ii) the selection of an independent
accountant.
[William Vaughan Company, * The **William Vaughan Company*<http://www.wvco.com/main/index.htm>
* provides expertise in accounting, taxation, and business consulting
services to a range of clients, including nonprofit organizations that
receive private, public, and governmental funding. * [GuideStar Newsletter,
May 2009, Volume 9, Issue 5]
*TIRED OF ALL THE DOOM AND GLOOM? THIS IS YOUR TIME* Home foreclosures …
job losses … health insurance, or lack thereof … plummeting 401ks …
Millions of Americans are hurting. And the hurt is crossing all racial,
social, and economic divides. No one is immune. People who never in their
lives have needed help may now be knocking on your door. At the same time,
while demand for your organization’s services is increasing, its ability to
raise funds is decreasing. Tired of all the doom and gloom? Need something
to cheer you up? Consider the following:
*This is your time!*
There is no better time to build a strong, solid, long-term brand for your
organization. This recession, as ugly and unrelenting as it may seem, is
not going to last forever (if it does, get out the loincloths and clubs and
find yourself a warm cave). Eventually things will turn around and people
will get back on their feet. Help someone out of a tight jam now—treat them
honestly, with dignity and respect, and deliver even a modicum of positive
results—and they will remember you and your organization long after this
crisis is over. I once worked on contract for a major nonprofit relief
organization. One day one of its development officers excitedly informed me
that someone had just given the organization a multi-million dollar donation
because years earlier it had helped several family members through a time of
desperate personal need. This *may* not happen to your organization … but
it *could. * Position your organization not only as a provider of services
to the people it directly helps but also as part of a greater movement to
bring your community closer together during this time of near-universal
need. Once again, your efforts will be remembered long into the future.
*Values are changing. Change with them.*
It’s taken a crisis, but people are beginning to re-examine their values and
are asking, “What’s important?” There appears to be less focus on money and
more on family and relationships. Take a lesson. Countless organizations,
in both the for-profit and nonprofit sectors, thought it was all about the
dollars. Many are no longer with us because of that reason. Keep your focus
on your mission—and the money will eventually follow.
*Give yourself a break.*
If we’ve learned anything from this crisis, it’s that there is no such thing
as predicting what the future holds. People who worked hard and watched
their assets and portfolios grow over the last few decades, thinking they
were on the road to an easy, care-free retirement or financial existence,
have, in a flash, discovered otherwise. Give yourself a break. Forget about
the future for a while. Instead seek out what I call spontaneous moments of
joy (SMOJs). They are all around us, including in the smiles of our loved
ones and the people we serve. If you’re truly alert, you might even identify
and appreciate an SMOJ when walking out your door one morning and getting a
nostril or two full of spring in the air. If nothing else, this is the time
to strengthen your brand and refocus on what’s truly important. Besides,
SMOJs help relieve stress. Trust me. [Larry Checco, Checco Communications,
© 2009, Checco Communications. *Larry Checco is president of **Checco
Communications* <http://www.checcocomm.net>* and author of* Branding for
Success: A Roadmap for Raising the Visibility and Value of Your Nonprofit
Organization. * Larry is a nationally recognized public speaker, workshop
presenter, and consultant on branding.] * [GuideStar Newsletter, May 2009,
Volume 9, Issue 5]
*NONPROFIT COMPENSATION IN TRYING TIMES* Setting compensation in nonprofits
is tough these days. You need to attract and retain staff, managers, and
executives, working within a tight—maybe even shrinking—budget and also
projecting what will happen next year. Next, add more federal reporting
requirements on compensation on the Form 990 this year. Finally, prepare to
explain (and perhaps defend) your actions as other stakeholders—funders,
donors, media, members of the public, even clients and staff members—weigh
in. When revenues are down and prospects for increasing or even continuing
support from foundations, government, and individuals are not bright,
nonprofits have to make some tough decisions about how to spend their scarce
dollars. Typically, salaries represent well over 50 percent of an
organization’s budget, so compensation mistakes can be costly. In addition
to the monetary consequences, nonprofits that make such errors stand to lose
valuable staff, waste important resources, and, in the worst scenario,
forfeit their credibility within their communities. There are a few basic
concepts to keep in mind about compensation in the nonprofit sector:
- *What you need to pay is dependent on the labor market for the job. *For example, a nonprofit hospital seeking a CEO has to compete for talent
with for-profit and government hospitals, and the search could be statewide
or nationwide. On the other hand, a small human services nonprofit may be
looking for an executive director with experience in other human services
nonprofits; typically, the smaller the size of the recruiting organization,
the more local the search.
- *Size of the organization is important for executive jobs. *Compensation for management-level staff tends to rise with revenues and
assets, whether the company is nonprofit or for-profit. The logic is that
the decisions that managers of larger organizations make affect more
dollars, more revenue, more clients, etc., and they should be paid more to
make them. Generally this philosophy is reflected in the marketplace.
- *For non-management jobs, the crucial factor in the pay level is years
of experience, rather than size of organization. *For example, if a
company doubles in size, the director of accounting (management) may get a
raise, but someone who is a bookkeeper probably won’t—an additional
bookkeeper will be hired to do the extra work. So pay for the lower-level
job tends to be based on how much experience the job requires or how much
experience the incumbent has.
- *For non-management jobs, it is less likely that specific nonprofit
experience is necessary.* For example, when looking for a receptionist,
the desired qualities are friendliness, good organizational skills,
etc.—similar experience in a company or government agency would be relevant.
So how do you meet the challenges of retaining your key people and filling
vacancies when salary budgets are stretched impossibly thin? Here are
several ideas to think about:
- *Retaining the key people * If there is no money, think of other
rewards. Salaries for jobs are very important, but there is a component of
personal need for challenge, growth, and satisfaction with contributing
toward completion of the mission. Is it possible to make hours more
flexible, encourage work at home, or provide more positive feedback (letter
of appreciation, reward of a lunch or dinner, etc.)? Try to think of
employee needs that could be met with low-cost solutions.
- *Filling vacancies *Be sure to look internally for candidates. Those
already on staff are already committed to the organization and understand
its culture—and there will be no search costs and perhaps no relocation
expenses. When a job is available now, there will probably be interest from
those who have been laid off from for-profit jobs, but consider possible
candidates carefully. Is there evidence of commitment to the mission, or
will they leave the nonprofit sector when the economy recovers? Is there a
cultural fit?
- *Succession planning and contingency planning *Develop some ideas on
what staff and program adjustments would be needed at various projected
revenue levels, that is, if the big grant doesn’t come through or a program
is no longer funded by a government contract. Plan for a variety of
contingencies, including personnel changes. Think about who would be
available on staff to step into key positions, and whether additional
training might be needed for them.
- *Review of the entire compensation system *Consider if the need to
control the fixed costs of salaries calls for more focus on variable rewards
based on performance goals. Many nonprofits tend to be more egalitarian, but
pressure to reward the top performers and widen pay gaps grows when
resources are scarce. Such a system requires metrics that include the
financial (obviously, the organization must have the money to pay the
incentives) but should also add some measures that relate to the mission.
Many organizations are moving toward this approach as their supporters
demand more accountability and evidence of program effectiveness.
Whatever compensation decisions are made, nonprofits need to make sure that
best practices are followed—collect the appropriate data and use them to
make defensible decisions that reflect the organization’s compensation
philosophy. Nonprofit resources need to be spent right—enough for
compensation to attract, retain, and motivate the staff, while leaving
sufficient dollars to achieve the organizational mission. And that becomes
even more challenging in difficult economic times. [Linda M. Lampkin, ERI
Economic Research Institute, © 2009, ERI Economic Research Institute. *Linda M. Lampkin is research director of ERI Economic Research Institute (
**www.erieri.com* <http://www.erieri.com>*), a company that provides
Form 990 compensation data for use by nonprofits, and former director of the
National Center for Charitable Statistics at the Urban Institute. She can be
reached at **linda.lampkin@erieri.com* <linda.lampkin@erieri.com>* or (877)
799-3428.] * [GuideStar Newsletter, May 2009, Volume 9, Issue 5]
*IRS UPDATES, MAY 2009: NEW TE/GE COMMISSIONER, TIPS FOR 990 FILERS, FORM
990-N, AND MORE*
The IRS’s Tax Exempt and Government Entities Division (TE/GE) gets a new
commissioner, launches a series of tips to help nonprofits and tax
professionals file the new Form 990, and reminds smaller nonprofits to file
their Forms 990-N. Exempt Organizations (EO) is also asking for the public’s
input on the new Form 990, improving the Charities & Non-Profits section of
its Web site, and a new initiative to reach out to academic institutions
that offer nonprofit degrees. And EO director Lois Lerner outlines ways to
maintain public trust in charities during the economic downturn.
*New TE/GE Commissioner*
Sarah Hall Ingram has been named commissioner of the Tax Exempt and
Government Entities Division. For the past three years, she has served as
IRS chief of appeals, and from 2004 to 2006, she was TE/GE deputy
commissioner. Before that, Ingram served as division counsel/associate chief
counsel for TE/GE, providing legal services to TE/GE and other parts of the
IRS. She began her IRS career with the former Tax Litigation Division in
1982. Steven T. Miller, the current commissioner, is moving to the position
of commissioner of the Large and Mid-Size Business Division. Miller has been
TE/GE commissioner since 2004. From 1999 to 2004, he headed Exempt
Organizations.
*Revised Form 990 Filing Tips*
The first two in a series of tips have been posted on the IRS Web site. One
provides a checklist of items to consider before filing the form, the other
tips and FAQs related to reporting compensation on the 990.
*View the checklist > *<http://www.irs.gov/charities/article/0,,id=206636,00.html>
*View the tips on reporting compensation > *<http://www.irs.gov/charities/article/0,,id=206636,00.html>
*Form 990-N*
The IRS is reminding smaller organizations that Form 990-N, also know as the
e-Postcard, will be due for many of them on May 15. If your organization
does not file a Form 990 because its income is less than $25,000 and your
fiscal year ended on December 31, 2008, this means you. If your
organization’s income is less than $25,000 but your fiscal year ended on a
different date, your Form 990-N will be due on the 15th day of the 5th month
after your fiscal year ended. By law, failure to file a Form 990, 990-EZ,
990-PF, or 990-N for three consecutive years will result in automatic
revocation of exempt status. Revocations will begin in May 2010.
*Read the announcement > *<http://www.irs.gov/newsroom/article/0,,id=207660,00.html>
*Learn more about Form 990-N > *<http://www.irs.gov/charities/article/0,,id=169250,00.html>
*Comments on the New 990*
The Exempt Organizations Division is accepting comments on the 2008
Form 990. EO notes, “We will review these comments as we consider making
future revisions to the Form 990, schedules and instructions and to identify
areas where we might provide additional assistance through the *EO Update,*frequently asked questions, or other means.” E-mail your comments to
*Form990Revision@IRS.gov* <Form990Revision@IRS.gov>.
*Read the request for comments > *<http://www.irs.gov/charities/article/0,,id=206111,00.html>(Note:
There’s not much more to it than what you see here.)
*Revising the Exempt Organizations Web Site*
EO also wants your ideas on how to make the Charities & Non-Profits Section
of the IRS Web site more user friendly as well as your suggestions for
content that should be added to that section. The division has published a
list of questions it would like you to consider when you send your comments.
You can review them on the IRS Web site or in IRS Announcement 2009-25. The
Web page has an e-mail link to use to submit comments, and the announcement
provides the e-mail link as well as information on sending suggestions via
snail mail. EO just added a site map for the Charity & Non-Profits pages.
You can access it from the link in the navigation bar on the left.
*Read the questions on the IRS Web site > *<http://www.irs.gov/charities/article/0,,id=203907,00.html>
*Read IRS Announcement 2009-25 > *<http://www.irs.gov/pub/irs-tege/a2009_26.pdf>
*Check out the EO site map > *<http://www.irs.gov/charities/article/0,,id=206582,00.html>
[GuideStar Newsletter, May 2009, Volume 9, Issue 5]
*EO OUTREACH TO INSTITUTIONS OFFERING NONPROFIT DEGREES* EO’s Customer
Education & Outreach program is developing an initiative to collaborate with
colleges and universities that offer degrees related to the nonprofit
sector. The program would like feedback on the implementation of and content
for this initiative, specifically:
- General responses to it
- Individuals and institution volunteers to provide more extensive input
into and feedback on the initiative
More information, including instructions for snail mailing or e-mailing
comments, is available in IRS Announcement 2009-26. *Read IRS Announcement
2009-26 > * <http://www.irs.gov/pub/irs-tege/a2009_26.pdf> [GuideStar
Newsletter, May 2009, Volume 9, Issue 5]
*LOIS LERNER ON KEEPING THE PUBLIC’S TRUST* On April 6, 2009, EO director
Lois Lerner spoke at Georgetown Law School about “Maintaining Public Trust
in Charities during the Economic Downturn.” Her comments included specific
suggestions for how exempt organizations can build on the public’s trust in
the sector:
- *”Look at IRS Form 990 as a public relations tool.” * Donors,
reporters, and watchdog groups look at the 990; make sure it accurately
reflects your activities. “You need to make the Form 990 work for you; you
don’t want it to be used against you.”
- *”Look at your governance practices.” *”An active and independent
board is the best defense against the misuse of charitable assets, as well
as against bad press.” Additionally, disclosing your governance practices
and policies to the public presents “another public relations opportunity to
instill confidence and trust in the organization and set you apart in
donors’ minds.”
- *”Take a close look at [your] executive compensation packages and
practices.” * People are looking at nonprofit executive compensation
more closely, and the new 990 makes it easier for them to do so.
*Read the speech > *<http://www.irs.gov/pub/irs-tege/georgetownlawcle_040609.pdf>
[Suzanne E. Coffman, May 2009, © 2009, GuideStar USA, Inc. *Suzanne Coffman
is GuideStar's director of communications and editor of the Newsletter. *[GuideStar Newsletter, May 2009, Volume 9, Issue 5]
*[Editor’s Note: This article, written by ANCOR President Peter Kowalski, is
interesting and a point well taken.]*
*PRESIDENT’S CORNER: TOGETHER WE CAN by Peter Kowalski, ANCOR President*
How come no one says Thank You? I was having lunch recently with a friend
who had retired 2 years ago after a lifetime of working with and for people
with intellectual disabilities, both as a State employee and as the CEO of a
large multi state not for profit corporation. I asked what it was like to
leave after several decades on the job as CEO. As he answered the question,
a sadness filled his voice; he said the thing that struck him the most was
that no one said thank you. These comments made me think of a funeral I
attended several years ago for a woman who was instrumental in the founding
of an agency like all of ours back in the 1950’s. I was struck by two
things, a) I was playing with my toes at the time she was pioneering the
same services I was now delivering and, b) there was not a person there from
the State DD office, or from the provider community, other than that
agency’s staff. How sad. The church was packed and her accomplishments were
recognized, but as a field in the state of Maine, we failed to say thank
you. I was on the phone with the long-term director of a Special Olympics
program, also retired. Besides being bored in retirement, he also reported
with sadness that his biggest disappointment was that no one said thank you.
That he felt somewhat discarded. Why is it that we fail to recognize our,
the collective “our,” contributions to what has happened in a short period
of time? Why is it that we fail to say thank you to people who have
dedicated their lives to providing supports or building systems to make
supports available for the folks we serve? Why is it that we don’t recognize
our achievements and celebrate our successes? We have recently begun to say
thank you to our DSP’s through state and national recognitions. It’s a
small thing to say thanks- but I can tell you standing up in front of our
assembled colleagues in San Francisco and presenting ANCOR’s recognition to
those DSPs was humbling, not just because of their effort but because of
their beaming responses. So little thanks; such a big reaction. This is no
surprise. We know this, we have studied it and workshopped it to death. We
all know the power of thank you, yet we use it so sparingly. We are now at
a transition point in our field. Many of our member (and nonmember) agencies
have been run by dedicated people who were either founders or the major
builders of their respective organizations. Not only of their organizations,
but also of systems in their states and nationally, and of organizations
like ANCOR and State Associations. Over the past few years, we have seen
these folks begin to retire, to move on to other pursuits in their lives. We
are letting a huge opportunity go by, an opportunity to say thanks for the
hard work, for the accomplishments, for the efforts, for being a leader, for
having done a good thing with their lives. As individuals we all know
people, perhaps ourselves, who are getting ready to retire. As an
organization, however, we know only a handful. Unfortunately, we do not
celebrate our history and accomplishments enough so that many of us know
only those people who have been active during our tenure or in the small
groups within which we associate. The result is that when we do recognize
someone’s accomplishments, as they attend their last conference, we are
leaving several others out, missing the opportunity to say thank you. In
San Francisco, I recognized my good friends Tom Daniels and Dale Dutton.
However, I know I had to have missed other equally noteworthy people because
I didn’t know them or didn’t know they were retiring. I apologize if I
missed you; I just didn’t know, but I want to thank you from the bottom of
my heart for all you have done and wish you all the best as you head off
into the rest of your life. I would like to create a recognition space in *LINKS
* to recognize and say thanks to those in our midst, members and non-
members alike, who are retiring. However I need your help, since I only know
a handful of you. I have asked staff to set up a process where any member
can submit the name of someone retiring to be published in * LINKS *with a
brief statement of who they are so that we can give them the public
recognition they deserve and the thanks they have surely earned. Thank you
all for your support and what you do everyday that goes un- or
under-appreciated by those around you! [*ANCOR Links*, May 2009, Volume 40,
Number 5]
*STATE ASSOCIATION VIEW: Succession to the Crown ** * by Diane McComb,
Liaison to ANCOR’s State Association Execs Forum* * There is much buzz
going on about what the future holds for the field of disabilities when
state and national leaders choose to retire or move on to other endeavors.
Who will be able to replace the profound institutional knowledge base of
these pioneers in the disability field? Many founded the organizations they
have stewarded throughout their careers. Like the monarch who lingers a bit
longer than necessary, this reality offers us much to consider. The answer
may vary. If one asks those whose careers began in the 70s, they may hear
that much will be lost as retirements occur. It is indeed a gifted lot.
However, if one asks those who are in the prime of their careers today,
perhaps only fifteen years into it, the responses might reflect a bit of
private impatience. *“Move over already, and let someone else have a
chance!” *While some pioneers have plenty of commitment, energy and
creativity, younger professionals may frequently be overlooked, or their
potential not maximized, as those at the top of their games pursue the
business of sustaining the system they had a great hand in creating. After
all, they have legacies to secure! There is at least one more mountain to
ascend! There are speeches to make and books to write! Well guess what? This
view may be considered narrow by those next in line. How many continue to
focus on developmental disabilities as if it was they were the only
disabilities that mattered? Why can’t we see that the rest of the world is
moving beyond? Younger professionals are focused on cross-disability
solutions like integrated employment, creating livable communities for all
regardless of age or diagnosis, increased transportation options for
everyone, and assistive technology applications that are often more
efficient and cost effective than traditional staff supports. This last
solution is critical in an increasingly limited workforce. The day of
singular solutions for people with developmental disabilities has passed by,
but this is hardly recognized by some. There is brilliance in the next
generation and if it is encouraged, mentored, and supported to emerge into
state and national leadership roles, it will bring renewed vision and
energy. We should be working on universal cross-disability outcomes that are
individually focused. We should be mentoring to pass along historical
perspective, but we should also be committed to allowing ourselves to be
mentored by those newer to our industry. If we have learned anything in the
past 40 years, it is that there is no “one size fits all” approach. With due
respect to the Crown – if we linger too long, we risk losing this next
generation to some other, more welcoming entity whose leadership is not
afraid of making room at the top for a younger, savvy and equally committed
generation of disability professionals. What a loss to the field if we let
this happen. [*ANCOR Links*, May 2009, Volume 40, Number 5]
*OCP MEMBER SECTION*
**INFORMATION EXCHANGE* *INFORMATION EXCHANGE* *INFORMATION EXCHANGE* *
*FREE OFFICE EQUIPMENT AVAILABLE *Renaissance Management Group has the
following equipment available for donation to a Not for Profit entity:
- Sharp AR 407 Copier
- Canon Image Runner 2200 Copier
- HP Laserjer 4100N Laser Printer
All items turn on but are provided as is with no warranties or guarantees.
Located in the OKC office. No delivery available- pickup only. Contact
Patrick at RMG *pbrendle@rmgok.com*<http://us.mc800.mail.yahoo.com/mc/compose?to=pbrendle@rmgok.com>for further info. First come, first served.
*JOB OPENING AT COUNCIL FOR DEVELOPMENTAL DISABILITIES dba ABLE*
Position: Residential Director
Qualifications: 21 years of age; valid Oklahoma drivers’ license (MVR)
without restrictions; satisfactory completion of a background check (OSBI);
previous employment, references.
Education/Experience: 4 years experience working for DDSD recipients or a
Bachelors degree in any area, or a combination of college and experience.
Special Skills, Knowledge & Abilities: Must be able to communicate and work
effectively with the public, recipients, DDSD, outside agency staff and
families. Have the ability to supervise staff, knowledge of DDSD and ABLE
policy, knowledge of the DHS system, management skills and computer
knowledge.
Physical Requirements: Must be able to lift a minimum of 50 pounds with no
physical restrictions. Must test negative on drug screen done at the time of
hire and when selected for random testing.
Site: Norman, Oklahoma (Varied sites)
Reports to: Executive Director
Supervises:* * HTS and staff, Health Care Coordinators, Program
Coordinators, House Managers, Asst. RD and the recipients’ plan of care.
Please Contact Larry Bartels at 405-329-3922, 303 E Tonhawa, Norman, OK
73069
*POSITION WANTED:*
My name is Jeff Newton. I have a BA degree and over 10 years experience
working with youth and young adults with disabilities. I also have 8 years
of supervisory experience including 2 years of program management
experience. In addition, I am very knowledgeable about the disability
related resources in the Metro area/state and I have experience working in
the job placement field. If you are interested please contact information
me at 405-819-8817 Cell 405-794-4136 Home
*kendra.newton@sbcglobal.net *<http://us.mc800.mail.yahoo.com/mc/compose?to=kendra.newton@sbcglobal.net>e-mail
**NOTES*NOTES*NOTES*NOTES*NOTES*NOTES*NOTES*NOTES*NOTES*NOTES*NOTES**
*HAVING FUN WITH I-9’S*
*Notes*
*5/19/09*
Judy Goodwin recently attended a class entitled “Good News! Spring has
Sprung and so has another new I-9” sponsored by the Oklahoma City Metro
Employer Council. The class was taught by Madalene A.B. Witterholt who
currently serves as a director for Crowe & Dunlevy. Ms. Witterholt
graduated from the University of Tulsa and serves in the corporation’s Tulsa
offices, specializing in labor and employment, litigation and trial, and
worker’s compensation law. *Before working for Crowe & Dunlevy, Ms.
Witterhold worked as a law clerk to the Honorable James O. Ellison, judge of
the U. S. District Court, Northern District.* Following are notes from that
class.
What is the Form I-9?
- It is used to verify documents
- It establishes an employee’s identity
- It determines employment eligibility
- It is to be used for each new hire
Form I-9 – When NOT to Complete
- Employee was hired before November 7, 1986
- Casual, domestic work in a private home on a sporadic, irregular or
intermittent basis
- Independent contractors
- Employee provided by contractor (i.e., through a temp agency or
employee leasing)
Section 1: Employee
- Complete the form on the day of hire (this is so all dates match)
- Employee must check a box to attest reason for work authorization
- Be sure to sign and date everything
There can be fines from $110 to $2200 for every box that is blank or filled
out incorrectly so make sure they are done and done right!
Section 2: Employer
- Complete within 3 business days
- Review original documents
(The person who looks at the original documents is the one who fills out the
I-9. Some companies send all the I-9s from their field offices into a main
office where they are filled out. This is incorrect.)
- Insert start date in Certification Block
- Sign and date the I-9
- Track expiration dates (of supporting documents)
It is a good idea to keep the I-9s separate from your personnel files. That
way, if you get audited, they are only looking at the I-9s and not
everything else you have.
You don’t have to copy the documents. The law just says you have to review
them but, if you want a copy, then store it with the personnel file and
store the I-9s separately.
Section 3: OK if you MUST
- Use to re-verify documents that expire
- Can use for name changes
You can fill out a new I-9 for the above but expiration of documents only
comes into play on documents listed on List A (for example, passports, work
authorization cards, permanent or alien resident cards, etc).
Great News! – You CAN throw them away!!
Avoiding I-9 errors
- Do not “over-document”
- Documents must match the employee
- Keep documents for all or none of the employees
- Same person must verify and sign
- Keep I-9 records separate from personnel records
- Conduct Internal I-9 Audits to correct mistakes
Penalties for I-9 violations
- Civil Monetary Penalties
- Criminal Penalties
- Remedial Action Orders
- Injunctions Against Future Violations
- Debarment from Federal Contracts
*State Use Committee*
*Notes*
*5/20/09*
- Meeting was called to order by Chairman Will Smith. Roll was called and a
quorum was established. Introductions were made. Minutes from the 4/15/09
meeting were approved.
- Marti Sawyer gave the 1% Levy Report and Financial Information. There is
$217,000 in the account as of 4/30/09. $212.776.74 has been collected as of
4/30/09.
- Marti Sawyer – Discussion was held regarding the Economic Benefits Study.
She has sent the proposed study out to the work centers for comment. They
are going to look at only two categories – janitorial and office products.
The RFP will go interagency first because of expertise at colleges. She
wants guidance on how much money to spend on this. Effie Foster Ballard
would like to have a rule about not spending more than $5,000 expenditures
on anything without board approval. Marti advised they cannot do that under
this agenda item but will put on the agenda for next time. David Oliver
moved that the committee issue the RFP and then it will come back to the
board for approval. Randy Ross said this is a great way to educate the
legislators who don’t understand the State Use program. Effie said tell us
who they are and we will go talk to them. David’s motion passes.
- Marti gave an update on vendor compliance issues. They have been taken
care of.
- Marti discussed the contract for legal services through the AG’s office.
- Although the State Use Fair Market Policy and Rules was to be discussed,
Randy Ross asked to postpone that and the adoption of the rules until they
get the Attorney General’s opinion back. Effie doesn’t feel we’re changing
that much. Regina (AG’s office) said if the AG’s opinion changes anything,
they can always go back and change them then. Changes were made and the
rules were approved.
- There is a proposal to increase the number of meetings to better serve the
state and vendors so people don’t have to wait 60 to 90 days for a
decision. This will allow them to have monthly meetings. Marti said there
are 41 statewide contracts. The committee wants to have a meeting in June
for sure. Other meetings already scheduled are August 26, October 14 and
December 2.
Meeting adjourned.
*Diane McComb, Provider Liaison with ANCOR recently wrote a piece for ANCOR
Links about the following article. An exchange then occurred between Diane
and Tim Kral, Director of the Oregon state provider association about her
article. The article is interesting and the exchange is too so I thought
you would like to read everything.*
*Stepping Aside*
Three big binders bring a message from a new generation about the future of
the news business.
By Anna Quindlen
*NEWSWEEK *
From the magazine issue dated May 18, 2009
The last bit of evidence arrived in the form of three binders of news
clippings. Because all the submissions for the Livingston Awards have to
come from reporters under the age of 35, looking at the dates of birth on
the entry forms for the finalists was like a stroll through my own past.
This young man was born the year I graduated from college, that young woman
just about the time I became a reporter at The New York Times, this one when
I was covering city hall, that one when I was writing my first column.
Needless to say, this made me feel really old.
But my second response to reading over the stories was delight. They were so
thoroughly reported, so well written. Whether local, national or
international news, they were just what journalism ought to be. The next
time anyone insists the business won’t survive I may bash him with one of
these binders, which are heavy with hope for the future.
They also made me think again about my own future. These clippings
thoroughly ratified a decision I began to make a year or so ago, that has
led me here, to my last LAST WORD column for NEWSWEEK.
The baby-boom generation has created an interesting conundrum for this
country. Born between 1946 and 1964, boomers take up more room than any
other generation in American history. They now account for about a quarter
of the population. And so, inevitably, they have created a kind of
bottleneck, in the work world, in politics, in power. The frustration this
poses for the young and talented should be obvious. In my personal life it
was reflected powerfully on the day when, talking of the unwillingness of my
friends to retire, my eldest child noted, “You guys just won’t go.”
Let me assure you that this is a well-mannered and thoughtful person who
shows all due deference to his elders. But his perspective is not uncommon
among the so-called millennials, those in their 20s who constitute the baby
boomlet, the children of the baby boom.
When my parents were my son’s age, there was an orderliness to how one
generation moved aside and another stepped up to primacy and prosperity. It
was reflected in the actuarial charts: in 1952, the life expectancy of the
average American male was 65, roughly 10 years younger than it is today.
Even when I was the same age as my children are now, there was a natural
transition from one generation to another. Retirement at 65 was normative.
Every year a small group of reporters would leave the newsroom, to be
replaced by younger ones. (With the harsh insensitivity of youth, I thought
this was perfectly fine.) In many businesses this rite of passage is
disappearing, and the number of people who work past 65 has climbed steadily
over the last two decades. This makes for a simple equation: fewer
opportunities for the young to move in or move up.
I know the counterarguments, starting with the changing economic environment
in which I have found myself making this decision. There are many of my
fellow baby boomers who would love to retire but no longer can afford to do
so. There are many who feel they have been pushed from their jobs by younger
workers who are cheaper, and perhaps less able. When Chesley Sullenberger
landed a passenger jet safely on the Hudson River, I joined the rest of the
nation in thanking God that a man who had been flying for a lifetime and a
crew of veteran flight attendants were working that day.
But those thoughts are also balanced by my feeling that many of us of a
certain age have had a great deal of difficulty with the concept of getting
older. There would have been no need for a product called Not Your
Daughter’s Jeans when I was a teenager because my mother would never have
thought of dressing like me, or doing things to her face to convince others
that we were sisters. Today we have an entire generation of Americans who
seem dedicated to the proposition that they will fight aging to the death.
Quite literally. And that means staying front and center professionally. The
unspoken synonym for “emeritus” is “old.” And old is a word we don’t even
use anymore in polite conversation, a modern obscenity.
It’s particularly glaring when this generational stall happens in the news
business, which constantly remakes itself in the image and likeness of the
world. And it is egregious when it happens in the small subset of the pundit
class, which is supposed to take the nation’s temperature. It’s undeniable:
America’s opinionators are too white and too gray. They do not reflect our
diversity of ethnicity and race, gender and generation. They do not reflect
the diversity of opinion, either, mainly because most are part of an echo
chamber of received wisdom that takes place at restaurant tables in New York
and Washington. Conservative pundits are making themselves foolish, flailing
wildly because their movement itself is aging, confounded by the popularity
of a president who stands for much of what they revile. But liberals are
little better, fighting the same old battles in the same old ways, as though
the world during their tenure had not changed radically.
One of those changes is in technology, and because of it young people in the
news business have been able to exact a kind of inadvertent revenge. They
seized on an information-delivery system that their elders initially found
puzzling or unpersuasive. They created online outlets from the ground up.
Now that this is where the action is, they are quite properly part of the
action, not because we made room for them, but because they invented room
for themselves.
I’m not sure what the future is for the print parents of these
cyber-outlets, which puts me about even with the people who are running
them. Even Brenda Starr, the red-haired comic-book character who convinced
me as a child that being a reporter was glamorous, has been laid off. But I
do know that journalism will have to keep changing as this country changes.
It will have to reflect the interests of people in their 20s and 30s, not
merely complain that people in their 20s and 30s don’t behave the way their
elders do. There is nothing quite as tedious, or as useless, as ritual
recitations of the good old days, which most often weren’t.
Throughout the country there seems to be an understanding that this is and
ought to be a time of reinvention, in the economy, in education, in the
office. But no one seems eager to reinvent on an individual level. Yet never
has there been a time when fresh perspective and new ideas were more
necessary. The linear path, the ladder, emphasizes stability, but too often
at the expense of innovation and mobility. It’s always seemed to me that
running a company well ought to be like a variant of musical chairs; every
few years everyone should move around to someplace else, some position where
they will learn new things. I have changed jobs many times in almost 40
years (40 years!) of word work, including work as a novelist that I will
continue. Experience often brings wisdom, but also sometimes torpor and
fatigue.
As a columnist you not only think about these matters, you also discover
that they have real-life applications, and the real life may be your own.
Watching a black man born in the 1960s, who likes to say his father was from
Kenya and his mother from Kansas, barnstorm across America, I began to have
inconvenient thoughts about myself. Barack Obama hopscotched over an entire
generation of politicians to reach the White House; he had not waited his
turn because a majority of the American people decided that he ought not to
do so. They agreed that the country needed change.
And I believe it does, too. I believe that many of our old ways of doing
things are out of date, including some of our old ways of looking at, and
reporting on, the world around us. Since the day he delivered his Inaugural
Address, when I was 8 years old, people have been quoting the youthful John
F. Kennedy saying that the torch had been passed to a new generation. But
torches don’t really get passed very much because people love to hold on to
them.
This page, this place, is an invaluable opportunity to shed some light. But
if I had any lingering doubts about giving it up after almost nine years,
they were quelled by those binders on my desk, full of exemplary work by
reporters young enough to be my children. Flipping through their pages,
reading such essential and beautifully rendered accounts of life in America
and around the world, I felt certain of the future of the news business in
some form or another. But between the lines I read another message,
delivered without rancor or contempt, the same one I once heard from my own
son: It’s our turn. Step aside. And now I will.
URL: http://www.newsweek.com/id/195657
© 2009
*From:** Tim Kral **[mailto:tkral@oregonrehabilitation.org]*<[mailto:tkral@oregonrehabilitation.org]>
*Sent:** Mon 5/11/2009 5:11 PM*
*To:** Diane McComb*
*Subject:** Anna Quindlen Stepping Aside *
*Dianne: re your column in Links, see below. Also re yr comments that we
have to get beyond DD as a disability silo – I think that comment should be
directed at the funding sources and not the tail. As providers we have beat
ourselves up too much I fear in trying to push changes up the funding stream
vs. working with a broader coalition to change the stream itself. However,
to switch metaphors, I greatly fear taking the biggest pie to the pie-eating
contest, especially when so many pie-eaters show up with no pie at all.
Tim.*
*From:* Diane McComb *[mailto:dmccomb@ancor.org]*<[mailto:dmccomb@ancor.org]>
*Sent:* Tuesday, May 12, 2009 9:46 AM
*To:* Tim Kral
*Subject:* Re: Anna Quindlen Stepping Aside
Tim,
With your permission, I would like to post your reply to ANCOR’s blog. Or if
you are not comfortable with that, could I forward it to the execs at least?
You and I *are * old friends, so I am pleased you read and have pushed back
a bit. I sent the LINKS article off to ANCOR back in April sometime so I
hadn’t seen the Anna Quindlen column at the time. Isn’t it true though?
We aren’t to blame for being part of the baby boomer generation anymore than
we have control (or lack thereof) over the color of our skin or disability,
but we can be more aware of the impact our numbers have on potentially
stifling all the creativity and fire burning in the bellies of the younger
generations. When I worked for the State of Maryland, a professional
experience I rate among the highest of my career, the Secretary I worked
under was born the year I graduated from high school. She brought with her
other very young, dynamic professionals. She and they were without a doubt
among the brightest, most capable people I’ve ever worked with – smarter,
leaner, more focused… I realized quickly that here was the passion and
energy I had when I was in my twenties and how incredibly fortunate it was
for me to be able to re-charge and re-focus my career.
You are right when you say DD brings the biggest pie to the table, but then
we must ask how that came to be. And then we must ask, how we can justify
fighting for civil rights for folks with developmental disabilities and not
other people with disabilities. It’s the old adage, “No One is Free When
Others are Oppressed*”* ” Again, while in my state position, I quickly
realized, people with disabilities deserve equal access to the resources
regardless of age and disability diagnosis. It became so obvious to me…
so how do we best have this dialogue?
*Diane McComb*
*State Provider Association Liaison*
*From:* Tim Kral *[mailto:tkral@oregonrehabilitation.org]*<[mailto:tkral@oregonrehabilitation.org]>
*Sent:* Tue 5/12/2009 1:13 PM
*To:* Diane McComb
*Subject:* RE: Anna Quindlen Stepping Aside
Good response. Yes, sure, you can post the reply. Re the dialogue – you
apparently have seen a crop of youngsters that aren’t in the provider system
(possibly because our professional ladders are like those in chicken coops
(short and shitty)). What I see as new directors are too often inept people
with worthless degrees being hired by boards who have little understanding
of the real work, or old workhorses like us who have short shelf lives.
Maybe, because you saw people in the public system with better pay and far
better benefits, you did see the more professional types. And I do see our
best and brightest leaving for either public jobs or other careers
(sometimes professionally degreed like RNs, etc.) rather than hanging around
awaiting a job that is, even at the top, overworked, underpaid,
underappreciated, and at the mercy of a board.
Re shifting our focus to the broader disability community: this is
particularly troublesome to me when put in the context of the crunch on
funding for human services that us boomers are bringing (and it will
certainly avalanche soon). I believe we must staunchly defend our DD pie in
the increasing scarcity that looms, regardless of how disability-selfish
that may appear. I wasn’t hired to feed orphans or find housing for
widows. As Christ said, the poor will always be with us, but some of them
get better treatment than others because they have better advocacy.
And keep pushing.
Tim
Tuesday, May 12, 2009 12:40 PM
From: “Diane McComb” *dmccomb@ancor.org* <dmccomb@ancor.org>
Tim
I would love to continue this dialogue. It is so engaging – and while I do
not disagree with you about the scarcity of funds, I fear a backlash from
policy makers because DD had superior advocacy all these years. Witness the
new funding – not for DD – but for autism. Those parents are tired of
waiting for other advocacy organizations to advocate for them. They are
doing it on their own.
*Diane McComb*
*State Provider Association Liaison*
Diane finishes by saying:
This is a dialogue between Tim Kral and me, in response to the article I
wrote in LINKS [http://www.ancor.org/members/links.html <http://www.ancor.org/members/links.html>]
2009, May, pg. 13] last month. I’d love to expand the discussion. It is
also posted on the ANCOR website discussion boards which can be found at
http://www.ancor.org/forum/posttopic.cfm?Forum=10. If you haven’t already
registered for the discussion boards, you will need to do that, but then you
will be subscribed to whatever discussions you choose.
