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