NEVADA LEGISLATURE LEGISLATIVE COMMITTEE ON PERSONS WITH DISABILITIES (Nevada Revised Statutes [NRS] )

Transcription

1 NEVADA LEGISLATURE LEGISLATIVE COMMITTEE ON PERSONS WITH DISABILITIES (Nevada Revised Statutes [NRS] ) SUMMARY MINUTES AND ACTION REPORT The fourth meeting of the Nevada Legislature s Legislative Committee on Persons with Disabilities was held on April 19, 2006, at 9 a.m. in Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada. The meeting was videoconferenced to Room 3137 of the Legislative Building, 401 South Carson Street, Carson City, Nevada. A copy of this set of Summary Minutes and Action Report, including the Meeting Notice and Agenda (Exhibit A) and other substantive exhibits, is available on the Nevada Legislature s Web site at In addition, copies of the audio record may be purchased through the Publications Office of the Legislative Counsel Bureau (LCB) ( publications@lcb.state.nv.us; telephone: 775/ ). COMMITTEE MEMBERS PRESENT IN LAS VEGAS: Senator Barbara K. Cegavske, Chairwoman Assemblywoman Ellen M. Koivisto, Vice Chairwoman Senator Maurice E. Washington Assemblywoman Susan I. Gerhardt Assemblywoman Valerie E. Weber COMMITTEE MEMBER PRESENT IN CARSON CITY: Senator Bernice Mathews LEGISLATIVE COUNSEL BUREAU STAFF PRESENT: Michelle L. Van Geel, Senior Research Analyst, Research Division, LCB Leslie K. Hamner, Principal Deputy Legislative Counsel, Legal Division, LCB Yvonne M. Goodson, Senior Deputy Legislative Counsel, Legal Division, LCB Bob Guernsey, Principal Deputy Fiscal Analyst, Fiscal Analysis Division, LCB Andrea Dishman, Senior Research Secretary, Research Division, LCB

2 OPENING REMARKS Chairwoman Cegavske welcomed members, presenters, and the public to the fourth meeting of the Legislative Committee on Persons with Disabilities. PRESENTATION CONCERNING THE AGING AND DISABILITY RESOURCE CENTERS (ADRC) PROGRAM IN THE AGING SERVICES DIVISION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) Robert Desruisseaux, Aging and Disability Resource Center (ADRC) Project Manager, Aging Services Division, Department of Health and Human Services (DHHS), announced that the Division has received a three-year federal grant funded by the Administration of Aging, DHHS and Centers for Medicare and Medicaid Services, DHHS. The Division is expected to design a Resource Center Program that provides citizen-centered one-stop entry points into the long-term support system. In addition, he offered the project summary and draft job descriptions for the ADRC Advisory Board and its anticipated subcommittees and gave a Microsoft PowerPoint presentation outlining the ADRC functions, which are referred to as the three As (awareness, assistance, and access). (Exhibit B-1 and Exhibit B-2) Mr. Desruisseaux further stated the Division provides eligibility screening and assistance in gaining access and applying for the various public programs that provide long-term support services. The ADRC does not alter what other programs and other entities in the State are doing, nor is it intended to change eligibility criteria in any way. Rather it partners with sister agencies and is a resource for the individuals being served. Continuing, Mr. Desruisseaux explained that the ADRC is consistent with a number of strategic planning objectives that Nevada has undergone in the last six years, such as the four objectives contained within the strategic plan for people with disabilities. Responding to questions from Committee members, Mr. Desruisseaux explained that: 1. The grant amount received is $750,000, which will be allocated at $250,000 over a three-year period. Meetings will be held with various State entities to determine the needs of each agency. 2. The ADRC will be a resource or partner with the System assisting them with the referral process when individuals enter the system and will help those persons with more involved or complicated issues. 2

3 PROGRESS REPORT FROM THE ADVISORY COMMITTEE TO THE LEGISLATIVE COMMITTEE ON PERSONS WITH DISABILITIES Caroline Preston Bass, Member of the Legislative Committee on Persons with Disabilities Advisory Committee (NRS ) provided a progress report from the Advisory Committee. She stated that the Advisory Committee s discussion focused on various issues of concern that each member had regarding interpreter qualifications, measurement of outcomes, and certification of interpreters. Ms. Bass further stated that members felt that interpreters should have minimum standards and that high schools should offer American Sign Language (ASL) as a foreign language option. She noted that Nevada s court system is having difficulty finding qualified interpreters and discussed how Chapter 656A of NRS can be enforced and monitored. Working groups were established in three different areas: (1) certification issues; (2) oversight; and (3) education issues. APPROVAL OF MINUTES OF THE MARCH 8, 2006, MEETING IN LAS VEGAS The Committee APPROVED THE FOLLOWING ACTION: ASSEMBLYWOMAN KOIVISTO MOVED FOR APPROVAL OF THE MINUTES OF THE MARCH 8, 2006, MEETING OF THE LEGISLATIVE COMMITTEE ON PERSONS WITH DISABILITIES, HELD IN LAS VEGAS. THE MOTION WAS SECONDED BY SENATOR WASHINGTON AND PASSED UNANIMOUSLY. PUBLIC COMMENT Cindy Frank, Deaf Studies Program Coordinator/ASL Teacher at Western Nevada Community College (WNCC), and Member of the Legislative Committee on Persons with Disabilities Advisory Committee, commented that the Carson High School is offering ASL as a dual credit course, which is a college course taught at the high school. She further commented that she would like to see this course accepted as part of the high school curriculum. Jose Castillo, a student in high school, commented that he moved from another country and realized that there was not a high school for the deaf. He stated that interpreters in schools do not have an adequate level of certification. Deaf students are isolated and cannot communicate with other students, which leaves deaf students further behind in class. He stated that deaf students want to follow along in class, but there are times 3

4 when an interpreter does not show up and the deaf students cannot communicate with the teacher. Jonathan Vasquez, a student in high school, commented on his experiences and struggles with interpreters. He stated he needs interpreters with a higher level and skill of experience to learn and communicate with other students. He stated that he would like to take speech classes so that he can communicate with his family. Ms. Frank stated that lip reading is part of a speech class and that approximately 30 percent of words are visible on lips. She encouraged the establishment of a magnet school in which speech and language teachers who have the capability of addressing specific needs of deaf and hard of hearing children can be hired. Ms. Frank stated that 90 percent of parents with deaf or hard of hearing children do not use sign language. Ms. Frank stated that the WNCC has established an ASL fund that provides free classes to parents of deaf or hard of hearing children. Gary Olsen, Director of the Deaf and Hard of Hearing Advocacy Resource Center, stated his office has received funding from the Nevada Women s Foundation to establish a program that allows teachers to go into homes and teach the entire family sign language. PRESENTATION CONCERNING AMENDING STATE LAW TO REQUIRE STATE PERSONAL ASSISTANCE PROGRAMS TO MAKE COMMUNITY-BASED SERVICES AVAILABLE TO CERTAIN PERSONS WITH TRAUMATIC BRAIN INJURIES UNDER CERTAIN CIRCUMSTANCES Todd Butterworth, Chief, Office of Disability Services, DHHS, referred to NRS State Personal Assistance Programs Required to Make Services Available (Exhibit C). He stated that the following language should be added to clarify services,... and, in the case of the program established pursuant to NRS , persons with a Traumatic Brain Injury. He explained that the definition of severe functional disability unintentionally excludes most people with traumatic brain injury (TBI) because the definition as written is focused on persons with physical disabilities. Mr. Butterworth explained that the State has a TBI advisory board and that they are drafting an action plan for certain persons with TBI. PUBLIC COMMENT Eric Marshall, a sophomore at Wooster High School in Reno, stated that his interpreters are not always clear. He noted that the interpreter says that he signs too fast and does not understand him. 4

5 Justin, a junior at Wooster High School in Reno, stated that the interpreters are not qualified and that he is not learning as well as hearing students. He further stated that there is a need for qualified and certified interpreters. Eddie Mead, 7th grader at the Vaughn Middle School in Reno, indicated he would like to work at the school teaching mathematics. He stated that he does not understand the interpreters, which makes it difficult for him at school. UPDATE OF THE IMPLEMENTATION OF NEVADA S TELEPHONE SYSTEM AND ITS LONG-TERM FINANCIAL NEEDS Jack Mayes, Executive Director of the Nevada Disability Advocacy and Law Center, and Chairman of the Strategic Plan Accountability Committee (SPAC), stated that SPAC has voted to recommend ongoing diverse financial support that would allow for the expansion of the System statewide. Mary Liverati, Deputy Director, DHHS, provided a fact sheet in English (Exhibit D-1) and Spanish (Exhibit D-2) of the telephone system, which is designed to simplify access to nonprofit community services and resources for free information about critical health and human services available in the community. She stated that the system went into effect on Monday, February 13, 2006, and is accessible from 8 a.m. to midnight, Monday through Friday. Services are available to persons calling from selected areas of Carson City, Washoe and Clark Counties, and surrounding areas and will ultimately extend to Nevada s rural communities. She further commented on the capabilities of the system, explained services accessible through the system, and mentioned the coalition agencies. Ms. Liverati stated that various agencies have been asked for funding to extend the system statewide and to operate 24 hours a day, seven days a week. John Miller, Manager, Nevada 2-1-1, provided statistics to the Committee, including the number of calls placed by locations, various age groups, and seniors and disabled persons. Kathy Jacobs, Executive Director, Crisis Call Center, stated that the System is a phenomenal process and indicated the Call Center is looking to expand operational times and implement an advertising campaign. With the expansion and advertising campaign, wait times might increase. She also stated that a customized Web-based system is being developed. PUBLIC COMMENT Deidre Hammon, Freedom Clearinghouse in Reno, stated that the Health Division, DHHS, used deceptive grant language to secure federal funding that should have 5

6 benefited disabled children who are at risk for or are currently institutionalized for lack of home and community-based long-term care services. She stated that it appears that the majority of funding was spent on staff to expand and advertise the program, which served only 69 children (Exhibit E). PRESENTATION CONCERNING THE EXPANSION OF INCOME ELIGIBILITY FOR THE MEDICAID BUY-IN PROGRAM FOR PERSONS WITH DISABILITIES Constance E. Anderson, Chief of Continuum of Care, Division of Health Care Financing and Policy, DHHS, presented a document summarizing the Medicaid Buy-in Program. A complete copy of Ms. Anderson s written testimony is available as Exhibit F. Jon Sasser, Statewide Advocacy Coordinator with Washoe Legal Services and a member of SPAC, testified in support of SPAC s recommendation that the eligibility criteria for the Health Insurance for Work Advancement (HIWA) program be relaxed. He urged the Committee to support disabled persons with incomes below 150 percent of the Federal Poverty Level to allow them to return to work while retaining the ability to buy into the Medicaid program. He also recommended that the Nevada State Legislature fund the projected HIWA caseload or expenditure amount. A complete copy of Mr. Sasser s written testimony is available as Exhibit G. PRESENTATION CONCERNING ESTABLISHING STANDARDS FOR POSITIVE BEHAVIOR SUPPORT (PBS) FOR INDIVIDUALS WITH BEHAVIOR ISSUES Jan Crandy, Vice Chair, SPAC, explained that in 1999 the Nevada State Legislature passed Assembly Bill 280 (Chapter 597, Statutes of Nevada), resulting in four statutes that regulate the use of aversive interventions or forms of restraints for individuals with disabilities. These statutes require facilities and schools to train staff to use PBS instead of aversive methods. Positive behavior support is recognized as an effective, evidence-based approach for addressing a wide array of challenging behavior problems that impede progress toward personal goals and lifestyle gains. She stated that clear standards are required for individual support teams and service delivery. Additionally, training and technical assistance is needed to support the achievement of these standards (Exhibit H). Don A. Jackson, Ph.D., Project Director, PBS-Nevada, discussed strategies for improving support for individuals with disabilities and behavior problems. Additionally, he presented a Microsoft PowerPoint presentation, which included: (1) identifying existing problems; (2) desired outcomes; (3) training participants; (4) the impact of PBS on the lives of individuals; and (5) behavioral outcomes. Copies of Mr. Jackson s documents and his presentation are available as Exhibit I-1, Exhibit I-2, Exhibit I-3, and Exhibit I-4. 6

7 PUBLIC COMMENT Margaret Craig, private citizen, stated she has been an interpreter for five years in the educational system in the Carson City School District. She noted that there are interpreters working in the District who have not taken the Educational Interpreter Performance Assessment test, but are grandfathered into positions and at the top pay level. She was of the opinion that it is time for the school districts to take responsibility for the education of Nevada s deaf children by complying with the law. Shannon Archer, private citizen, is an educational interpreter for a northern Nevada school district. She indicated that she has experienced the same frustration as Ms. Craig and commented that administrators do not understand sign language, they do not understand deaf issues, and there are no interpreter coordinators and no one to turn to at the school site if a problem arises. Marilyn Sexton, private citizen and an interpreter for a northern Nevada school district, reiterated the same frustrations as the previous two speakers. She further stated that a number of deaf children are in special education classes because they are behind in education due to having less qualified interpreters or teachers available to them. Janee England, private citizen, stated she has taken the ASL classes that are offered at WNCC, but there is no degree available to become a teacher of the deaf. She further stated that if she were to take a job as an educational interpreter she would have to take a pay cut (Exhibit J). Cheryl Peterson, private citizen and an interpreter in northern Nevada, stated that deaf children are not receiving an equal education as the hearing students. She further encouraged the Committee to abide by the suggestions from the Advisory Committee, regarding interpreter certification. Danell Fanning, a member of the Legislative Committee on Persons with Disabilities Advisory Committee, discussed her frustrations with the school districts. She further stated that in the school districts qualifications are always secondary to personal attitudes and preferences. She noted it took her six months to get an interview with the Washoe County School District and was interviewed by an individual who was not qualified to understand the level of experience needed in to the position (Exhibit K). Chairwoman Cegavske stated the next meeting of the Committee is scheduled for May 31, 2006, at 9 a.m., in Las Vegas and will be videoconferenced to Carson City. She further stated that the work session will be held on August 9,

8 ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 12:45 p.m. Respectfully submitted, Sandra Gibbons Senior Research Secretary APPROVED BY: Michelle L. Van Geel Senior Research Analyst Senator Barbara K. Cegavske, Chairwoman Date: 8

9 LIST OF EXHIBITS Exhibit A is the Meeting Notice and Agenda provided by Michelle L. Van Geel, Senior Research Analyst, Research Division, Legislative Counsel Bureau. Exhibit B-1 is a letter from Robert Desruisseaux, Aging and Disability Resource Center Project Manager, Aging Services Division, Department of Health and Human Services (DHHS), dated March 20, 2006, regarding funding of a three-year federal grant by the Administration on Aging, DHHS and Centers for Medicare and Medicaid Services, DHHS to the Aging Services Division. Exhibit B-2 is a Microsoft PowerPoint presentation provided by Robert Desruisseaux, Aging and Disability Resource Center Project Manager, Aging Services Division, DHHS. Exhibit C is a document titled Personal Assistance for Persons With Severe Functional Disabilities provided by Todd Butterworth, Chief, Office of Disability Services, DHHS. Exhibit D-1 is a document titled Nevada Fact Sheet (English version) submitted by Mary Liverati, Deputy Director, DHHS. Exhibit D-2 is a document titled Nevada Fact Sheet (Spanish version) submitted by Mary Liverati, Deputy Director, DHHS. Exhibit E is a document titled Nevada s Olmstead Efforts and the Case of Mistaken Identities provided by Deidre Hammon, Freedom Clearinghouse. Exhibit F is a document titled Information for the Legislative Committee on Persons with Disabilities provided by Constance E. Anderson, Chief, Continuum of Care, Division of Health Care Financing and Policy, DHHS. Exhibit G is a document titled Testimony in Support of Expanded Eligibility for the Health Insurance for Work Advancement (HIWA) Program provided by Jon Sasser, Esq., Statewide Advocacy Coordinator, Washoe Legal Services and Strategic Plan Accountability Committee (SPAC) Member. Exhibit H is the written testimony of Jan Crandy, Vice Chairperson, SPAC. Exhibit I-1 is a document titled Establishing Standards for Measuring the Fidelity of Implementation of Positive Behavior Support provided by Don A. Jackson, Ph.D., Project Director, Positive Behavior Support-Nevada. Exhibit I-2 is a document titled What is Positive Behavior PBS Support? provided by Don A. Jackson, Ph.D., Project Director, Positive Behavior Support-Nevada. 9

10 Exhibit I-3 is a document titled Rehabilitation Research & Training Center on Positive Behavioral Support provided by Don A. Jackson, Ph.D., Project Director, Positive Behavior Support-Nevada. Exhibit I-4 is a Microsoft PowerPoint presentation titled What is the Problem given by Don A. Jackson, Ph.D., Project Director, Positive Behavior Support-Nevada. Exhibit J is the written testimony of Janee England, private citizen. Exhibit K is the written testimony of Danell Fanning, a member of the Legislative Committee on Persons with Disabilities Advisory Committee. This set of Summary Minutes and Action Report is supplied as an informational service. Exhibits in electronic format may not be complete. Copies of the complete exhibits, other materials distributed at the meeting, and the audio record are on file in the Research Library of the Legislative Counsel Bureau, Carson City, Nevada. You may contact the Library online at or telephone: (775)