need help

NEED HELP?

Find CCDC programs to help assist in advocating for you or someone you know with a disability.

LEARN MORE
ACTION ALERT

ACTION ALERT

Keep up to date with disability rights activities you care about. Choose a few topics or sign up for all of them!

LEARN MORE
issues

ISSUES

Find the most common issues people with disabilities face and how CCDC can help.

LEARN MORE

Tag: disability

2019 Legislative Session Wrap Up

This was a busy session as is typical whenever there is a new administration and many new legislators.  Despite some unfortunate partisanship that caused delays,  the reading out loud of 2000 page bills, hearings that occurred during a blizzard, and overnight sessions some great work did get done that will benefit the people of Colorado including people with disabilities.

Before talking about the bills, I want to call out the amazing CCDC team that worked at the Capitol this year.

  • CCDC Board Co-Chair Josh Winkler showed his typical leadership working some bills very hard, following the budget, and mentoring some of our newer volunteer lobbyists. Other board members that participated in the process were Scott Markham and Dr. Kimberley Jackson.
  • Our volunteer lobbying team consisted of Francesca Maes, Michael Neil, Jennifer Roberts, Haven Rohnert, and Linn Oliver with help from Jennifer Remington, Auralea Moore, and Tim Postlewaite.
  • Valerie Schlecht did a fantastic job as our contract lobbyist for mental health issues and stepped up on several other issues as a volunteer. Dawn Howard our community organizer, AKA Cat Herder in Chief did a great job making sure everyone knew what was happening, where people were needed, etc.

CCDC wants to thank our many partners, in particular the Arc of Colorado, Arc of Aurora, Arc of Adams, the Colorado Center on Law and Policy, the Colorado Children’s Campaign, 9-5 Colorado, ACLU of Colorado, Colorado Senior Lobby, Disability Law Colorado, Colorado Common Cause, PASCO, and Accent on Independence Homecare amongst others.  We also want to thank Colorado Capitol Watch for a great product that made tracking the bills easier.

Because this was a year with many new legislators and many groups rushing to push through bills that had struggled in years past, many of which were bills we were going to support, CCDC made a deliberate decision to NOT run our own proactive bills this year but to focus on our coalition work, and building relationships with the many new Senators and Representatives.   We laid groundwork for policies we want to promote over the next few years while focusing on the many coalition bills and responding to bills that affected our community.    We followed 139 bills.  This report shares the highlights-not every bill that we worked on during the session.

Housing:

This is being dubbed the year of the renter.    There were many bills that helped renters, along with some that will fund affordable housing.

  • HB 19-1085 Increases the property tax/heat/rent rebate program both the amount of the grant and the income limits for people eligible for this grant through July 2021.
  • HB 19-1106 Limits rental application fees to actual costs
  • HB 19-1118: Requires landlords to expand the notice before eviction from three to 10 days, hopefully giving people a way to either find a new place to live or cure the problem that led to the eviction
  • HB 19-1135 Clarifies that income tax credits for retrofitting a home for accessibility are available when one retrofits a home for a dependent.
  • HB 19-1170 Improves warranty of habitability in housing to make it work for tenants.
  • HB 19-1285 and HB 1332 Affordable housing funding
  • HB 19-1309 Creates mobile home park dispute resolution and enforcement program, also increasing time to move if there is sale or eviction.
  • HB 19-1328 Responsibilities of landlords & tenants to address bed bug infestations.
  • SB 19-180 Creates an eviction defense fund to help low-income people

Health Care:

  • HB 19-1044 Allows for an advanced directives for behavioral/mental health.
  • HB 19-1120 Multiple approaches to address and prevent youth suicide
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund.
  • HB 19-1176 Enables a study of various methods of health care reform including an option for universal health care.
  • HB 19-1189 Reforms wage garnishment laws to take into account medical expenses and medical debt.
  • HB 19-1211 Reforms what health insurance companies can and cannot do regarding prior authorization. This is to stop insurance companies using prior authorization to harass doctors and deny patients.
  • HB 19-1216 Measures to reduce the cost of insulin.
  • HB 19-1233 Health care payment reform to promote increasing utilization of primary care.
  • HB 19-1269 Mental Health Parity-variety of measures to require both private insurance companies and Medicaid to pay for mental health care appropriately.
  • HB 19-1287 Increases treatment funding for substance use disorders
  • SB 19-001 Expands the Medication Assisted Treatment pilot program
  • SB 19-005 Gives state permission to request permission from the federal government to import drugs from Canada to give Colorado residents price relief
  • SB 19-010 Funds professional mental health services in schools
  • SB 19-073 Creates statewide system to allow electronic uploading of advance directive documents so in the case of emergency any hospital can ascertain the wishes of the individual. This is voluntary.
  • SB 19-079 Requires some doctors to submit prescriptions of controlled drugs electronically
  • SB 19-195 Creates a system to better coordinate children’s mental health policy
  • SB 19-222 Increases mental health services for people at risk of institutionalization
  • SB 19-238 Requires the 8.1% increase for personal care and homemaker be passed directly to workers, and sets up stakeholder group to address issues with personal care workforce.

THERE WERE A NUMBER OF BILLS RELATED TO THE COST OF PRIVATE INSURANCE AND HOSPITALS.  PLEASE CHECK OUT THE COLORADO CONSUMER INITIATIVE OR THE COLORADO CENTER ON LAW AND POLICY FOR REPORTS ON THOSE BILLS.

Good Government:

  • HB 1062 Allowing sale of property at the Grand Junction regional center
  • HB 19-1063 Allows information sharing between adult and child protective services and allowed people who are subject to adult protective services to see their own records.
  • HB 19-1084 Requires that staff of legislative council prepare demographic notes on certain bills. For a handful of bills each future session the citizens and elected officials of Colorado will be able to have research on how a bill affects specific (often underrepresented) populations.
  • HB 19-1239 Creates a grant program to do outreach for the 2020 census.
  • HB 19-1278 A variety of changes to election law making it easier for voters
  • SB 19-135 Requires a study of state procurement disparities to see if state contracting is being fair and inclusive to businesses owned by people of color, women and people with disabilities.

Education:

  • HB 19-1066 Requires schools to count special education students in graduation rates.
  • HB 19-1134 Research for better methods to identify dyslexia in young children
  • HB 19-1194 Limits schools ability to expel and suspend children in and below the 2nd grade
  • HB 19-066 Creates grant program to help defray costs of high cost special education students

Employment:

  • HB 19-1025 Limits employers’ ability to ask about criminal backgrounds (with appropriate exemptions) before employee goes through the application process.
  • HB 19-1107 Creates job retention and employment support as part of the Department of Labor and Employment
  • SB 19-085 Increases enforcement for those facing pay-based discrimination
  • SB 19-188 Creates a study of Family Medical Leave

Transportation:

  • HB 19-1257 and HB 19-1258 Brings to the voters a request for state to keep and spend excess revenue for transportation and schools
  • SB 19-239 Creates a stakeholder process to address the changes in transportation

Justice Systems:

  • SB 19-036 Creates pilot program to remind people of court dates
  • HB 19-1045 Provides funding for an office of Public Guardianship
  • HB 19-1104 Creates a right to counsel for parents who are facing custody loss to be represented through the office of respondent parent counsel.
  • HB 19-1777 “Red Flag” bill that sets out when a judge can temporarily take away someone’s gun if they are at imminent risk of harming themselves or someone else. CCDC was initially concerned that this might be based on diagnosis, but it was not.  It is based only on behavior, has many protections and excellent due process.
  • HB 19-1225: Prohibits money bail for some low-level offenses to avoid people being jailed for not having small amounts of money for non-violent crimes.
  • SB 19-172 Makes it easier to prosecute people that abuse at risk adults and makes it clear that inappropriate confinement is abuse and illegal.
  • SB 19-191 Creates defendants’ rights to pretrial bonds to reduce the number of people with low-level crimes sitting in jail just because they are poor.
  • SB 19-223 Reforms regarding the competency process in the criminal court system

State Budget (aka the long bill SB 19-207)

  • Increases personal care and homemaker rates for CDASS and IHSS by 8.1%
  • Funds housing inspections for host homes in the I/DD system for basic life-safety issues
  • Creates an Office of Employment First at JFK Partners
  • State funded SLS and Family Support Services waiver slots
  • Creates a Supported Employment pilot at HCPF for I/DD waivers
  • Provides funding for HCPF customer service
  • Provides funding for food and travel for HCPF Member Experience Advisory Council
  • Provides state mental hospital funding for Disability Law Colorado settlement

Disability Specific:

  • HB 19-1069 Allows Colorado to create our own certification system through the Colorado Commission on the Deaf, Hard of Hearing and Deaf/Blind CCDHHDB to adopt or develop a certification system for American Sign Language interpreters. This is address the shortage of interpreters, especially in the rural areas.  THANKS TO THE INDEPENDENCE CENTER OF COLORADO SPRINGS FOR LEADING THIS BILL.
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund. THANKS TO THE BRAIN INJURY ALLIANCE OF COLORADO FOR LEADING THIS BILL.
  • HB 19-1223 Provides application assistance to people on the Aid to Needy Disabled program to help them obtain approval for Supplemental Security Income (SSI). THANKS TO THE COLORADO CENTER ON LAW AND POLICY FOR LEADING THIS BILL
  • HB 19-1332 Funds the talking book library
  • SB 19-202 Creates a path for accessible ballots for people who are print disabled to allow such individuals to vote in private in our all mail ballot system. THANKS TO THE NATIONAL FEDERATION OF THE BLIND OF COLORADO FOR LEADING THIS BILL.

Overall it was a good year.  There were some disappointments, but there always are—now we have to make sure the bills we like get implemented and make sure people know about these new laws and programs.

 

 

Dear Governor Polis, About Your Inauguration

“This is so exhausting.”  This quote is from Kelly Tobin, a CCDC member who uses a power chair and has multiple disabilities.  This was her sentiment on a day when we should have been excited about participating in our government.   She was feeling hurt as we all were at being excluded once again –this time from the Polis Inauguration.  

CCDC had asked ahead of time and been assured of full accessibility.  We were told a sign language interpreter would be there and we advertised that.  We were told there would be seating for those with disabilities in need.   We reached almost a month ago and offered help.  We shared specific things to think about to make this inclusive of our community. Our offer to help with accessibility was rebuffed and we were promised accessibility was handled.  I guess we were wrong to believe this representation from their staff.

I had been to other inaugurations, Hickenlooper, Ritter, and Owens.  All of those ceremonies were accessible in that people could show up and listen.  Wheelchair users could see and those with other mobility impairments got seating up close and could get around the area.  Today there were tents, barriers, and cops keeping public members out.   We were blocked as we entered the Capitol area from the Colfax side. We were told there was a public space down the hill on Lincoln Street –we asked about ADA seating and the guard said he knew nothing about it.  One of our members who has a service dog,  wanted to get her dog inside before the cannons went off.  She is very limited in her ability to walk distances safely.  The cops refused to let her in the door of the capitol that was close to us, nor could she walk around the short way but would have to walk all the way around the building.  They said she had to go through security, she was wearing an ID badge and they could have walked her across the cafeteria and had her go through security…but no. 

We went down to the “public” area.  If there was an ADA section we could not see it.  There were barriers on the street so we could not get off of the sidewalk if we wanted to.  We looked at the big screen and saw neither a sign language interpreter nor captioning.  If there was an interpreter it was hidden.

Over the West Steps of the Capitol were large banners that said Colorado for All….I guess that meant Colorado for All except for people with disabilities.

The disability community had sent Governor Elect Polis a letter on 12/13 and asked for a response and an introduction to the new Boards and Commission person before the inauguration.  Is this a sign that asking nicely is not going to work with this Governor?   Good thing we have a strong ADAPT chapter. 

It is always disappointing to be excluded but it is especially gut wrenching when the exclusion is created by someone who screams from the rooftops that they are invested in a Colorado for All.   Is this really for all of us…or just for some?  If this is Colorado for all, then it is important that Governor Polis acknowledges our community.

Update on DOJ Project Civic Access Settlement Agreement, Denver Curb Ramps and Denver Sidewalks

One year ago today, the Department of Justice reached an agreement with the City and County of Denver (“City”) under Project Civic Access (“PCA”), the Department’s initiative to ensure that cities, towns, and counties throughout the country comply with the Americans with Disabilities Act (“ADA”). That agreement covers accessibility to numerous programs, services, activities and facilities throughout Denver. The agreement specifically addresses Law Enforcement and Effective Communication, Polling Places, Emergency Management Procedures and Policies, Physical Changes to Emergency Shelters, Web-Based Services and Programs, New Construction, Alterations and Physical Changes to Facilities, Programs for Victims of Domestic Violence and Abuse. Many of the deadlines for compliance occurred today, one year after the effective date of the agreement. Click on these links to review the DOJ Press Release and for the DOJ Settlement Agreement. Also, attached is a PDF version of the Agreement with all of the one-year deadlines highlighted.

The Settlement Agreement contains one error in that it states that “On January 20, 2016, Denver and the Civil Rights Education and Enforcement Center [“CREEC”] reached a separate agreement addressing accessible sidewalks and curb ramps in Denver.” It is correct that CREEC with the assistance of CCDC reached a class action settlement agreement with the City regarding curb ramps, but sidewalks were not addressed. Click on the link to review the Curb Ramp Settlement Agreement. Click on the link here to see CREEC’s Website. This Settlement Agreement provides for comprehensive curb ramp replacement throughout the City. CCDC is unaware of why the issue of sidewalks was excluded from the DOJ Settlement Agreement with the City because the case involving curb ramps was never intended to address sidewalks and was approved by the court as a class-action settlement on September 9, 2016 before the DOJ Settlement Agreement. Click the link here to review the Order Granting Final Approval of Settlement. The rules and regulations that apply to curb ramps are different from those that apply to sidewalks.

With respect to sidewalks, according to a recent article published in the Denverite, the City has launched a project to install sidewalks where they don’t exist and make additional sidewalk repairs. At this time, CCDC does not have additional information regarding the sidewalk project. Click on the link here to see the Denverite article regarding sidewalks.

According to the Denver Office of Disability Rights’ (“DODR”) website, “The Denver Office of Disability Rights coordinates the City and County of Denver’s efforts to ensure compliance with Title II of the Americans with Disabilities Act (ADA). Our role is to ensure that all City services and programs are accessible to people with disabilities.” Information is provided on the DODR website regarding curb ramp renovations and installation and the City’s plan for sidewalks and transportation. The  DODR is also listed as the agency to which all notifications or communications under the DOJ Settlement Agreement are to be made. Click here for the link for the Denver Office of Disability Rights. The address and other contact information for the DODR is:

Denver Office of Disability Rights
201 W Colfax, Dept 1102
Denver, CO 80202
Fax: 720-913-8470
E-mail: disabilityaccess@denvergov.org

Kevin Williams
Legal Program Director
CCDC Civil Rights Legal Program
kwilliams@ccdconline.org

Proposed City of Denver budget falls short

On September 13th Mayor Michael Hancock presented his 2019 budget. As you may know our partners at Denver Streets Partnership and Walk Denver have been meeting city officials to elevate the need for safe and accessible side walks, street crossings and bike paths. These elements are essential for the independence of our people. Some of the glaring deficiencies in the budget included no funding for Federal Blvd., 3.8 million for sidewalks (we had requested 10) and very little money for simple upgrades and fixes such as bollards or paint for roads.
City council now has several weeks to review budget and to make recommendations.
CCDC strongly supports more funding for sidewalks, cross-walks and bike paths.
If you want your voice heard please use the Walk Denver Web site listed below for additional information and ways to reach out to your city councilperson.

Action Center

Jaime Lewis
CCDC Transit Advisor

Action Center

HAPPY ADA DAY to all of you!

28 years ago today the ADA was signed into law….and we have seen changes that only dreamed at one point.  When the ADA was passed into law Estrella Rowe, the daughter of Lucinda Rowe, was not even born.   Please enjoy this guest blog written in honor of the anniversary by the parent of someone who continues to benefit from this incredible law that we must still protect.
CCDC is happy that a new generation of leaders, like Lucinda Rowe, are involved.   Lucinda took our advocacy class, got involved as a volunteer and is now a temporary employee.   Thank you, Lucinda, for writing this guest blog!  We welcome others to submit pieces for this Sound Off Blog.

Happy Independence Day !!


ADA Day

Written by Lucinda Rowe
July 26, 2018

ADA Day is significant to my family but most of all to my daughter. Estrella was born prematurely weighing one pound. She was diagnosed with severe Cerebral Palsy at a month old. Continue reading “HAPPY ADA DAY to all of you!”


Important Notice
CCDC’s employees and/or volunteers are NOT acting as your attorney. Responses you receive via electronic mail, phone, or in any other manner DO NOT create or constitute an attorney-client relationship between you and the Colorado Cross-Disability Coalition (CCDC), or any employee of, or other person associated with, CCDC. The only way an attorney-client relationship is established is if you have a signed retainer agreement with one of the CCDC Legal Program attorneys.

Information received from CCDC’s employees or volunteers, or from this site, should NOT be considered a substitute for the advice of a lawyer. www.ccdconline.org DOES NOT provide any legal advice, and you should consult with your own lawyer for legal advice. This website is a general service that provides information over the internet. The information contained on this site is general information and should not be construed as legal advice to be applied to any specific factual situation.

A+ A-