DRAFT Summary Minutes



Texas Governor’s Committee on People with DisabilitiesDRAFT Summary MinutesJuly 30 - 31, 2020Videoconference/Teleconference Meeting via ZOOMJuly 30, 2020Call to Order / Roll CallMotion by Ellen Bauman to call the meeting to order. Chair Bangor verified quorum and called the meeting to order at 8:10 a.m. Mr. Joseph Muniz introduced himself as a new member. Chair Bangor tabled the approval of the Summarized Minutes for April 22-23 and June 11, 2020 meetings until the next meeting due to an agenda oversight.Approval of Committee Member AbsenceMotion by Evelyn Cano to accept Archer Hadley’s absence as excused. Approved by roll call vote.Members PresentAaron Bangor, PhD, Kori Allen, Ellen Bauman, Evelyn Cano, Elyse Lieberman, PhD, Eric Lindsay, Richard Martinez, Joseph Muniz, Kristie Orr, PhD, Dylan Rafaty, and Emma Faye RudkinEx Officio Representatives PresentDana Williamson, HHSC; Norman Kieke, TDLR; Claudia Peden, TWC; Justin Porter, PhD, TEA; Sandra Brittengross Bitter, TxSILC; Robert Schuller, DFPSStaff PresentRon Lucey, Randi Turner, Nancy Van Loan, Monica Villarreal, Lindsey ZischkaleZoom Participants/SpeakersKelly Cravitz, TEA; Monica Martinez, TEA; Katie Mitten, Texans Care for Children; and Melanie Cawthon, Traci Lewand, Veronica Lewand, Rebecca Rodgers, Maylene Bird, Natalie Millen, Jennifer Clark, Sara Rodriguez, Stephanie Kirby, Farhat Chishty, Susan Cooper, John Kalkanli, Corey Winton, Amy Litzinger, Linda Litzinger, Sonya Burns and Laura MarquezZoom AttendeesAndres Guerra, Marcus Croy, Rebecca Cagle, Lora Taylor, Deborah Cates, Sheree Abro, Kristina Clark, Bernadette Richardson, Sonia White, Ameen Al-Bahloly, Tashuna Drake, Shena Pearson, Leslie Robertson, Jolene Fosters-Sanders, Caitlin Vasquez, Erin Klokker, Debbie Scharven, Jeff Miller, Sarah Pedraza, Julie Everett, Neeta Brake, Anthony Ross, Nancy Crowther, Alexis Lazos, Ben Taylor, Nikki Soukup, Alana Pollard, Laura Gonzales, Robin Lipe, Kathy Rudkin, Nancy Hernandez, Tim Schauer, Stephanie Duke, Eric Burton, Deborah Erwin, Roxann Medina, Rebecca Japko, Sarah Weimken, Gabriel Cardenas, Joey Gidseg, Ferdinando Castro Gonzalez, Emily Robinson, Cheryl Carson, Claire Carter, Laura Marquez, Jamie Jones, Amanda Roel, Faisal Malik, Aaron Gregg, Sonja Burns, Magdalena Puente, Kimberly Berry, Latricia Lindsey, Angela Bauman, Aubrey Jones, Karissa Sanchez, Randy Wallace, Karen Stanfill, Adrienne Trigg, Troy Murrain, Vanessa Daniel, and Joseph Behnke, General Counsel for Office of the GovernorVerbal Public CommentMelanie Cawthon, Executive Director of disABILITYSA, said the organization supports the GCPD’s policy proposal on Universal Changing Places. In order for people with ambulatory disabilities to engage in community experiences, event planners should designate clean and private spaces. San Antonio has a portable changing station for community events, three changing stations in amusement businesses and one in a community center; four more will be available. It is heartbreaking for individuals who need this accommodation to choose between safety, hygiene, isolation and dignity.Traci Lewand is Founder of Changing SA, a grassroots organization raising the awareness about the need for adult sized changing tables in the community. Her son has multiple severe disabilities and is over the weight limit for “baby changing tables” found in restaurants, health clinics or hospitals. The lack of appropriate changing tables forces her family to stay home, instead of fully experiencing the community. The human decency to change in private is lacking. She also submitted a written statement.Rebecca Rodgers spoke as an advocate for her 95-year old grandparents concerning lack of visitation at the assisted living facility where they reside. Her grandparents cannot understand why family members aren’t allowed to visit. She worries about their well-being and denial of their constitutional rights. She asked the Committee for help in easing restrictions during the COVID pandemic.Maylene Bird is a secondary education teacher of mathematics to high school students with visual impairments. There are challenges to online instruction and reading curriculum involving math charts, tables and graphs that are not accessible for individuals using screen reader equipment. Her concerns are for students who read and receive materials in braille. It is not easy to replace these materials, typically over 100 volumes per book. Braille Solutions, a braille production center within Region 4 Education Service Center, expects to close permanently. She requested dedicated funding for braille materials for students.Natalie Millen advocates for individuals who are deaf and hard of hearing. She is not able to read lips when others wear face coverings unless they are clear facemasks or shields. ASL relies heavily on facial expression and touch. Lip readers rely on observing gestures and context clues. Communication barriers have the potential to create further isolation throughout deaf and hard of hearing communities, which causes additional stress and anxiety.Jennifer Clark is Administrator of Dallas Hearing Foundation and parent of a child who is deaf. Her daughter received accommodations to ensure effective communication during her education and now alongside her hearing peers at work. A mask prevents a person that is deaf and relies on lip-reading the ability to access communication. She asks that people wearing masks consider the needs of individuals who are deaf.Sara Rodriguez, a student at Tarleton State University, testified on behalf of the deaf community. She believes many people do not like to associate themselves with the term deaf because of past discrimination. Today, 80% of the deaf population receive no education and for women the figures are higher. As someone who is deaf, her life has been negatively impacted by others wearing facemasks. The university quit providing interpreters when classes went online. Captioning on YouTube is not accurate so she fell behind in her coursework until she gained the use of CaptionSource.Stephanie Kirby has a 28-year old son living in Denton’s State Supported Living Center. He functions at a level of a 3-year old and is non-verbal. Ms. Kirby is his voice and is essential to his life. Residents have been isolated to their units since visitation restrictions began on March 13. Her son has not had any form of activity for more than 140 days – no walks in the hallways, no life skills lessons, vocational workshops, or alternatives offered. Facetime is not a solution because he cannot comprehend hearing her voice over a computer. She can see his weight loss. Isolation and depression are as damaging as COVID.HHSC’s Director of State Supported Living Centers (SSLCs) says outside visitation is ultimately the governor’s decision, while on-campus programming is the decision of SSLC campus administration. GCPD Members discussed the need to monitor the effectiveness of SSLC staff that provide programming and asked about communicating changes with legal guardians or family members. Deputy Commissioner Scott Schalchlin said that programming activities now occur in the cottages. Suspension of active treatment would be a regulatory violation. There must be balance between public safety health requirements and the degree to which individuals with intellectual and developmental disabilities can participate in activities if they have difficulty wearing a mask. Ms. Williamson called attention to the section of HHSC’s report specific to SSLC procedures during the COVID pandemic and agreed to include procedural changes in future agency reports.Farhat Chishty has worked as a community advocate for 18 years and has a son in the SSLC system. She agreed with the suggestion for an investigation of residents’ activities. SSLC employees treat residents like prisoners - confined to their rooms and not sufficiently cared for.Susan Cooper said all disabilities affect quality of life and our ability to function, yet some disabilities are not noticeable to the observer. Eligible voters in Texas, whatever their age or nature of their disabilities, have the right to check the disabled box on a ballot application ballot and vote from home. Casting a ballot at a polling place could be life threatening even if sanitized and social distancing and masks were compulsory. Suppression of voting by mail is contrary to the ADA’s mission. She listened to testimony yesterday and detected a theme of COVID-related consequences. Her friend with mental illness lived in assisted living center and quarantined for four months before his death. Isolation was more than he could bear. She wrote Governor Abbott and Department of State Health Services and has yet to receive a response.John Kalkanli spoke about people with disabilities gaining equal access to employment. While more companies are creating diversity and inclusion initiatives, attitudinal barriers continue to persist. By law, employers are obligated to grant equal access to all forms of employment and provide requested accommodations. Companies can learn much from the talents of people who have visual impairments. He encouraged Governor Abbott to allocate more resources and skills training for Texans with disabilities to enjoy the benefits of employment.Corey Winton, a representative from Brookhaven Community College Student Government Association, spoke about unsanitary conditions and misuse of accessible restrooms designed for people with physical disabilities. People without physical disabilities sometimes occupying them for lengthy periods. He suggested installing signage to remind members of the public about the exclusivity of the stalls.Linda Litzinger, spoke on behalf of Texas Parent to Parent and as a parent of a person with fragile medical disabilities. Family members are desperate to visit loved ones residing in SSLCs. HHSC should consider allowing visitation after signing a legal document stating someone has quarantined.Sonya Burns’ twin brother has multiple disabilities and has been a resident of Austin State Hospital for over 11 years. In 2016, the Committee on Access & Forensic Services recommended 1,400 beds by 2023. The forensic waitlist is 1,100; transition wasn’t mentioned. Needs for this population can’t be met. No consistency across Texas for local mental health authorities. Example: a family has a son with 70 instances in state hospitals (TX and CA) because services were terminated when the individual “failed to engage.” It is difficult to engage when in psychosis. This population is in and out of the criminal justice system and state hospitals. Ms. Burns hopes the GCPD will include this population in future recommendations.Amy Litzinger, on behalf of Texas Parent to Parent commented about electronic visit verification (EVV) and how hours are recorded. She requested advice or technical support. Dana Williamson addressed concerns; Elyse Lieberman offered to speak privately about the process of school districts. Ms. Litzinger testified to the State Board of Education on removing Helen Keller out of the curriculum and suggested adding famous Texans. She relayed concerns of parents who are being billed under SHARS without giving permission. Billing companies should earn a flat fee, not a 10-15% charge. Parents should confirm permissions annually before a payment to a school; currently a form follows a child until 9th grade.Laura Marquez, Paso del Norte Children’s Development Center in El Paso, asked for support on disability studies as part of the K-12 curriculum. It is important to have the historical perspective and for students with disabilities to learn about rights, advocacy, and self-determination. The disability community constitutes the largest minority in the country. Knowledge would benefit society as a whole. There is a lack of consistency across the state in curriculum; disability studies should be a mandated topic.Written Public CommentCopies of comments are available upon request. The following individuals support the Committee’s draft Universal Changing Places policy proposal:Councilwoman Adriana Garcia District 4, San AntonioCouncilwoman Ana Sandoval District 4, San AntonioDiane Rath, Alamo Area Council of GovernmentsTraci Lewand, Changing SAAndres Andujar, HemisfairToni Ramirez, Santikos EntertainmentKatherine Franklin, La Fe ConsultingSusan Osborne, Children’s Association for Maximum PotentialDavid ValadezVal Vera, Free Our People Project, prefers funding dedicated for individualized services, not repairing dilapidated SSLC buildings requiring major renovations. They would rather see supported decision making and Person Centered Planning proposed as a viable resource for all disabled Texans and families across all environments, services, and supports.Michelle Guppy wrote on the lack of available respite options taken away during the pandemic’s quarantine. She requests not closing day habilitation.John Woodley commented that state entities should implement availability of alternative forms of accessible communication in real time as an accommodation.Early Childhood Intervention Services in TexasKatie Mitten, Texans Care for Children, presented on Early Childhood Intervention (ECI), Texas’ Part C program. In 2019, Texas contracted with 42 community organizations that served over 60,000 children. Services are critical for infants to support their development. ECI therapists coach parents how to provide instruction and the needed supports for their child. In Texas, 2.34 percent of children under the age of three have access to ECI services, compared to 3.74 percent nationally. In 2011, the Legislature reduced eligibility for ECI services that resulted in missed intervention opportunities among children with more moderate delays. ECI directors want to do more outreach but are limited by Child Find funding. Black children are under-represented in Texas. Providers are required to do more with less funding. The pandemic has caused ECI providers to pivot to telehealth services and take on additional unexpected costs. HHSC proposes five percent budget cuts for the biennium, including completely cutting respite services. Ms. Mitten gave potential policy solutions to address challenges.Contractors providing ECI services need more funding per child to provide high quality services for the number of hours each individual child needs. Specialized skills training and targeted case management are not currently required to be reimbursed by private insurance or CHIP. If they were covered, this would help to solidify the ECI budget. Currently, the largest referral source for children to ECI are medical providers, but other potential service providers could refer children to ECI if there was more education and outreach. Childcare providers need education on missed milestones. Texans Care for Children supports DSHS’ efforts to develop a more centralized intake and referral system, and elimination of mid-year income checks that kick children off Medicaid. Funding is needed for outreach and enrollment to help families enroll in SNAP, Medicaid, CHIP and WIC programs.State Supported Living Center (SSLC) Policy RecommendationsReimagining SSLCs for people with IDD. Rebalancing the SSLC system would better serve and fund community services for all Texans with intellectual and developmental disabilities. Examine ways to foster more community engagement, including potentially rebuilding individual campuses with an eye toward mixed-use development, and leveraging available space. Create staff development to address 40% turnover rate. Redesign staff training. Public comments to the Committee substantiate the language of this proposal. The transitional housing component is favored. The SSLC Long-Range Plan provides an excellent list of policy recommendations.Motion by Ellen Bauman to accept this recommendation. Approved by roll call vote.SSLC Abuse Neglect Exploitation (ANE) Investigation Policy. Responsibility for investigations moved from the Department of Family Protective Services to HHSC’s Regulatory Division during 84th Session. Staff provided a short history. Texas should establish an independent oversight body to review critical incidents at state-run institutions, such as SSLCs and state mental hospitals, in order to guarantee an independent investigation. HHSC’s process of investigating ANE allegations is complicated and confusing. Dana Williamson noted all Medicaid investigations – SSLCs and Home and Community based waiver programs - now fall under one investigative entity, based on Senate Bill 1880 (84R) with an intent by HHSC to ensure transparency. HIPAA implications prohibit certain information. Committee members did not take formal action on this recommendation.Death Record Policy at SSLCs. If a resident dies without an appointed guardian, families are unable to receive a death report. As a matter of closure at the end of someone’s life, the family should have access to a death report, particularly if the death was an “unusual or suspicious incident” versus a “natural cause”. HHSC uses specific terminology to describe whether an ANE investigation should occur. The Legislature will draft language to grant immediate release of a report by HHSC.Motion by Dylan Rafaty to accept this policy proposal with one revision on clarification of “death of a resident of an SSLC”. Approved by roll call vote.Video Surveillance Systems at SSLCs. Video surveillance systems at SSLCs are over 10 years old; the life of a video server is three years. Losing video evidence in ANE investigations is a critical failure. The US Department of Justice mandated the surveillance system in its findings. A fiscal note was not included in the SSLC Long-Range Plan.Motion by Dylan Rafaty to accept this policy recommendation and direct staff to obtain a fiscal note from HHSC. Approved by roll call vote.Visitation Policies at SSLCs. Ellen Bauman developed a proposal for discussion so families could visit their loved ones, in one of 13 SSLCs. The emotional needs of the residents depends on that social contact and is drastically important to the family members. The recommendation simply asks this topic be forwarded to the appropriate agency. Ms. Williamson said the policy complies with the governor’s executive order inhibiting visitation at nursing facilities and SSLCs. Mr. Lucey added since the GCPD is an advisory committee, the GCPD could deliver a memo to staff at the governor’s office for consideration.Motion by Ellen Bauman to direct staff to draft a memo to governor’s policy division emphasizing the Committee members’ support to allow visitation at SSLCs. Approved by roll call vote.State Hospital Redesign and People with Intellectual and Developmental Disabilities (IDD). People with intellectual and developmental disabilities experiencing mental health crises are extremely limited in terms of accessing psychiatric hospitalization and treatment. Creating a dedicated IDD Specialty Services Unit as part of the statewide State Hospital Redesign would provide a strong start to creating a robust network of appropriate treatment options.Motion by Dylan Rafaty for approval to move this recommendation forward. Approved by roll call vote.Emergency Management for People with Disabilities and Implementation of House Bill 2325 (86R) Ron Lucey summarized HB 2325 that touches multiple state agencies and addresses areas including interoperable communications, social media, emergency preparedness and preparation. Monitoring implementation will help determine the overall preparedness of the state. Texas Commission on Emergency Communication was directed to ensure Texts-to-911 can occur throughout the state. Corpus Christi has a functional needs committee including representation by citizens with disabilities. The Disability Task Force on Emergency Management is an advisory group reporting to TDEM. TDEM administers the State of Texas Emergency Assistance Registry (STEAR). Not all counties have a data custodian to manage the voluntary information. A Medicaid managed care provider believes it would be a good practice to help people register.Dana Williamson, exofficio representative for HHSC, discussed efforts in response to this bill. State agencies’ use of social media as methods of communication during and after disasters. HHSC’s Information and Referral system – 211- and the chat functionality in the design help ensure the responsiveness. This provides the realtime and searchable data about the location and the number of individuals of state and local agencies using the system and the types of requests made. HHSC’s Emergency Management Office presented to guardianship providers as outreach. Regulatory division sends information to all the licensed facilities. Effective implementation of rules by the MCOs will greatly determine Texans with disabilities’ preparation.Support Service Provider/Co Navigator Report Findings and RecommendationsMonica Villarreal worked with the community of Texans who are deaf-blind and HHSC to draft a report which explains the functions of SSP/CNs, findings and recommendations. The terms SSP and Co-navigator are interchangeably used to describe services provided. SSP/CNs are trained professionals that help people with visual and environmental information, sighted guide, and communication accessibility. Advocates have been working to establish a program to support Texans who are deaf-blind to be able to independently move and live in their communities. Bills were filed in past legislative sessions, unsuccessfully. GCPD developed a brief survey to understand the population’s needs and received 63 responses. Texans speak various languages – English, American Sign Language, Pro-tactile Sign Language, and Spanish. Top service requests were grocery shopping, traveling independently and attending community events. GCPD would like to establish a formal SSP/CN program within HHSC and establish eligibility criteria including financial requirements. Staff recommends $20 per hour, based on national average and using a voucher model to pay SSP/CNs, similar to the Specialized Telecommunications Assistance Program (STAP) program. Research from other states shows a benefit from having an advisory committee during the process. Research from Helen Keller National Center was added in the appendices. Policy recommendations do not stipulate funding source; it allows Legislature to explore funding. If the SSP/CN program would be established in rule, it would provide more flexibility in administration of the program.Reports from Invited Exofficio Agency RepresentativesDepartment of Family and Protective Services (DFPS)Robert Schuller presented his agency’s report. The DFPS primary case management system, Impact, was reviewed and improved for accessibility. Denise Brady, senior policy attorney, and Wendy Casada, CPS research specialist, have been working with families particularly people who are deaf and hard of hearing. Kathy Keller, the agency’s accessibility director now reports to IT support division. The exofficio report references the Children and Youth Missing from DFPS Conservatorship and Human Trafficking Initiatives report. The report includes a list of scheduled virtual meetings.Health and Human Services Commission (HHSC)Dana Williamson presented. Governor Abbott announced Cecile Young as HHSC’s new executive commissioner. Other staff changes included Stephanie Stephens, Deputy Medicaid Director; Morrison Creary, Chief Operating Officer; and Roxanne Medina as the new Disabilities Systems Coordinator concentrating on medical social services. HHS at the federal level extended the public health emergency until October 23. HHSC submitted a number of requests for flexibility to make sure people’s benefits were extended during COVID. This process allows an extension for annual eligibility to help ensure continuity of care. The exofficio report and agency website highlight a section on COVID pandemic and resources. Updates included:House Bill 3117: HHSC’s Regulatory Services manages the number of beds located within the Intermediate Care Facilities for individuals with intellectual and developmental disabilities. Long-term bed allocations are associated with each ICF license. They may house 4-6 individuals in each home, located across the state. Over time, 50-60 bed facilities started converting to home and community-based providers. They are in the process to codify in Rule.House Bill 1386: directed HHSC to develop targeted, evidence-based training for certain professions that interact with limited social and verbal abilities through the Texas Autism Research and Resource Center. The Office of Primary and Specialty Health is finalizing a contract to develop training opportunities, and will update the contract every five years.HHSC is working with federal partners impacting waiver programs and the home and community-based settings requirements - ensuring privacy, dignity, respect, individual choice, community integration, competitive employment, etc. Medicaid agencies have until March of 2023 to come into full compliance. There is a process in place for families of school-aged children relating to private insurance billing (ie SHARS). IDEA and related federal regulations require written notification prior to accessing child’s benefit, and annually thereafter. Current cost reductions to the ECI program for respite funding are being discussed for fiscal year 2021. Lastly, members received information on SSLCs and response to challenges during the pandemic, electronic visit verification used to verify provision of services, and discussion on budget cuts regarding LIDDAs and client services.Texas Dept. of Licensing & Regulation, Architectural Barriers (TDLR)Norman Kieke highlighted the Executive Summary and reviewed several programs from the report. The process for TDLR’s Strategic Plan is on their website. TDLR completed the Sunset Review with legislature, including some dramatic recommendations Director Francis intends to implement. Majority of staff are working remotely through the end of October. The growth of the Human Trafficking program affects all programs. Massage parlors, cosmetology, and health care professions are required to take human trafficking training programs by September 1. The Attorney General has a dramatic video “Be the One”.The Architectural Barriers’ has scheduled accessibility academies through Building Officials Association of Texas and Building Professional Institute. Construction has not slowed down; they are managing 2,000 registered construction projects per month. However, Registered Accessibility Specialist (RAS) inspections are going down due to the COVID pandemic. Physical elements are involved so RAS are struggling with performing a virtual inspection. House Bill 3163 will roll out by August 1 on access aisle markings and signage about violations subject to local fines and towing. The number of licenses in a variety of programs were listed in the report. Online ASL driver education program is available. Ten of 13 Transportation Network Companies have submitted reports; three specific to pilots. Legislation is vague and seems to be proprietary. Mr. Kieke looks forward to reading the GCPD’s TNC white paper for knowledge.Texas Education Agency (TEA)ExOfficio Justin Porter invited staff to provide updates. Monica Martinez, Associate Commissioner for Standards and Programs spoke on House Bill 684 that permits TEA to approve online courses for training on seizure recognition and related first aid. The Epilepsy Foundation offers courses that satisfy all statute requirements, “Managing Students with Seizures” (for school nurses) and “Seizure Training for School Personnel”. Both courses are online and free. TEA notified school districts of the availability of training.Director Kelly Cravitz, Highly Mobile and At Risk, spoke on House Bill 18 involving significant requirements concerning mental health and training for teachers, principals, and counselors on trauma and trauma informed care strategies. TEA is working with HHSC to review resources and update mental health conditions to support the academic success of students. Senate Bill 11 creates a safe and supportive school program and requires school districts to build a multi-tiered system of support. Local education agencies now have authority to employ or contract non-physician mental health professionals; collaborate with HHSC to develop guidelines on accessing Medicaid, provide a comprehensive website with nine different mental health domains of tools and resources available to districts, and update information on youth mental health first aid on the website. TEA is teaming with Mental Health Transfer Center to roll out to the Education Service Centers.Dr. Justin Porter presented a slide deck to highlight a few areas. TEA has worked with Local Education Agencies (LEAs) to increase efforts on “child finding” beginning with referrals and evaluations. Since 2007, evaluations have increased every year which translates into an increase in the number of students receiving education services (2018-19: 138,543 evaluations). Since 2013, Texas has seen 33.94% growth in the number of special education students (2019-20: 588,829 students). Almost one-third of students with disabilities have a specific learning disability. Members would like to see a side-by-side comparison showing the numbers of students on the 504 plan compared to the overall growth of students receiving special education services. Texas numbers are significantly higher than other states. Learning disabilities is the highest eligibility category and includes dyslexia or dysgraphia. Speech impairment drops after elementary school because the condition is treatable through therapy.Going into the 2020-21 school year, TEA will post a comprehensive guide related to the pandemic. Guidance will be public in August. There isn’t a play book to reference; TEA is working with other states to explore successful practices. Teachers, practitioners and therapy providers will share successful methods. The federal government’s timelines will impact evaluations, even with pandemic limitations. Members were concerned students will disabilities may fall a year behind if evaluations linger. Communication with families is critical as is the importance of documenting all valid and defensible efforts. A battery of tests, interviews, standardized assessments need to be conducted in a school setting which may not happen virtually. Education Service Center Region 4 shared a webinar on social distancing. In guidance to LEAs’ TEA describes FAPE as a level of service, but it’s not dynamic. If a district has no way to provide the adequate level of service to meet FAPE, you need to be documenting what's not happening, providing a plan how you're going to mitigate that lack of service later. TEA is scoring grant applications to address disproportionality. TEA has a statewide pricing agreement with company providing tele-therapy for speech services; and another agreement with Presence Learning providing speech, occupational and physical therapies and mental health services. They are working through a competitive bidding process to identify a vendor to create a virtual environment targeting Dyslexia.Motion from Emma Faye Rudkin to Recess the meeting until 8:00 a.m.July 31, 2020Reconvene Meeting – Aaron Bangor, ChairMotion by Dylan Rafaty to reconvene the meeting. Chair Bangor began the meeting at 8:04 a.m. and reminded Committee members to be mindful of using Chat for administrative topics and not for conversation.Texas Workforce Commission (TWC)Claudia Peden highlighted topics from the report. Vocational Rehabilitation (VR) is providing service remotely by implementing creative and effective methods. Senate Bill 2038 requires a report to identify occupational skills training for people with IDD, due to the legislature by November 1. The VR division extended most of the VR Services and Services to Providers manuals to August 31. The agency is purchasing services from providers in a virtual manner. VR division is developing revisions to policy and provider standards surrounding communication access. Ms. Peden pointed out the section on the customers served and recapped the section on agency initiatives.Independent Living Services for Older Individuals who are Blind program serves all 254 counties. A pilot for Region 6 (South Texas) will expand services to reach more customers and adds an OIB caseload in Corpus Christi, a state program specialist, and rehabilitation assistant in San Antonio. It allows VR teachers to provide services to customers. TWC is using some of the Social Security Administration (SSAVR) funds to expand the OIB project. The 2020 Summer Earn and Learn was cancelled but are implementing other delivery options to engage approximately 2,500 students. Virtual career fairs for students with disabilities are planned for early fall. Four Explore STEM camps were cancelled and five converted curricula to online format. This program serves around 250 students. VR has convened a workgroup to develop curriculum on core competencies for VR counselors to serve the deaf and hard of hearing population. Jonas Schwartz heads the collaboration with stakeholders - Texas Association of the Deaf, Texas School for the Deaf, HHS Office of Deaf and Hard of Hearing, Gallaudet, National Deaf Center, and GCPD.Follow up responses. The report included the number of customers served over a five-year period and the number who achieved employment. Budget for fiscal year 2019-2020 was also included. The agency is continuing to spend dollars to serve customers. TWC expects inquiries on education or training to achieve competitive employment. Melinda Paninski spoke about registered apprenticeships and expansion grant as a training model to assist employers. The website features a list of apprenticeship training programs for careers, searchable by zip code. VR is working with the Unemployment Insurance division to develop an ASL video.Texas State Independent Living Council (TxSILC)Sandra Breitengross Bitter thanked staff for working on the great ADA-30 anniversary event. All centers for independent living approved the State Plan for Independent Living (SPIL) for fiscal years 2021-2023; signed by previous HHSC executive commissioner Phil Wilson and submitted to Administration of Community Living. The three-year plan looks at priorities and funding for Texas. TxSILC is working on detailed policy recommendations to the Texas legislature. To ensure people with disabilities are responding to the Census 2020 three public service announcements were produced, including participation from: Adapt of Texas, Arc of Texas, and RevUp. The comedy sketches titled “Counting All My Children” include language drafted by Craig Davis. During the pandemic, CILs are providing services – some in a hybrid situation. Some centers received additional funding from CARES Act to provide services in the community. Lastly, TxSILC is working with Administration of Community Living on a pilot to provide peer support and independent living skills for people with paralysis in virtual setting.Policy Development based on the Committee’s Issue Areas (Access, Communications, Education, Emergency Preparedness, Health, Housing, Recreation, Transportation, Veterans and Workforce)SouthWest College for the Deaf Funding ProposalThe Committee revisited this proposal addressing SWCD’s financial shortfalls. Texas needs a superior college for Deaf students. SWCD is well-known for bringing students’ reading and math levels up, to help with acceptance into other universities. Even though SWCD offers technical courses, what makes Gallaudet successful is learning deaf culture and language. The college offers a robust distance-learning program and gives dual credit to high school students, typically paid by the high school. Other topics of discussion included: underfunding of this college for several years; tuition exemption for students that attend; fewer payments for students that want to stay on campus; and destruction of a multimedia center by a weather disaster. CARES Act discretionary funding to governors - $300 million to Texas for covid-related expenses. TWC has career technical grants to colleges – why not this college? To fully experience college, every interaction requires an interpreter, ie, incidental learning, conversations in the dorm and cafeteria. Students still need to prepare to work in a hearing world. Members support the phrase, “invest in this college”. GCPD staff will explore course information and SWCD’s marketing plan, including resources to the 54 Regional Day Schools for the Deaf and local education agency’s vocational rehabilitation counselors.Motion by Emma Faye Rudkin to support the following recommendations, and approved by roll call vote:To further develop a robust capability for the higher education of Deaf Texans, the State should provide funding to the SouthWest College for the Deaf that corresponds to, at minimum, the amount of waived tuition for Deaf and hard-of-hearing students who attend and explore greater financial aid for students.Promote SouthWest College for the Deaf to Vocational Rehabilitation counselors, education service centers, and K-12 Deaf and Hard of Hearing specialists as an opportunity for dual-credit and post-secondary education.Explore the potential for a consortium of Local Education Agencies to facilitate quality, accessible dual-credit courses for Deaf and hard-of-hearing high school students.Universal Changing Places Inclusion in the Texas Accessibility StandardsThe Committee revisited this policy proposal, originally brought forth by an organization in Florida. Universal changing places are currently not required in Texas by statute or rule. The proposal involves legislation that would direct action by TDLR. Stakeholders provided input. Brian Francis provided sound statutory citations. It is easier to change the Rules promulgated by TDLR, than to change the Texas Accessibility Standards that would involve a re-certification by US Department of Justice. Elimination of Architectural barriers is a law. In Texas, a threshold of $50,000 triggers a project’s inspection but is only applicable to new construction project. The proposal targets facilities where people would congregate for an extended length of time such as airports, schools, universities, recreational parks and sport stadiums. Other discussion topics included the expense of changing tables; request for a Variance from TDLR applies when the scope of a project shows that 20% of the budget has been spent on accessibility. The primary area falls under TAS Section 202.4 but also references path of travel and restrooms. It will depend on the legislator who champions this through the House and Senate. A workgroup based in San Antonio will compile a panel of experts to develop a list and describe criteria.Motion by Dylan Rafaty to adopt the policy recommendation based on testimony of TDLR Executive Director Brian Francis that integrates information through Rule, with an internal process toward the eventual inclusion in Texas Accessibility Standards. Approved by roll call vote.Facemask Wearing by Educators and Impact on Students who are Deaf or have Hearing LossEmma Faye Rudkin provided background. She is not asking people NOT to wear masks; rather, is seeking a middle ground using other solutions. Ms. Rudkin asks TEA and HHSC to review the national Educational Audiology Association’s recommendation. Wearing a facemask is both a public issue and one that influences students in school systems. Facemasks effect the understanding of curriculum as well as the output of sound. Seventy percent of communication comes from seeing a face. Regional Day Schools provide face shields or masks; they should consider investing in clear masks instead of cloth styles. CDC guidance suggests wearing a clear face shield or mask with a clear panel, using written communication, and the elimination of background noise. Mr. Lucey suggested this topic is one the Local Education Agencies should address, not the Legislature. Dr. Porter said guidance on personal protective equipment (PPE) is available on their website and relevant information is promoted through their listserve and during webinars. TEA is using GEERS funding to purchase PPE for LEAs. The LEAs ordered 650,000; and have 6 million facemasks in storage.Executive Director’s and Staff Reports – Ron LuceyMr. Lucey discussed administration, budget, performance measures and GCPD’s accomplishments. Governor Abbott instructed state agencies to reduce the fiscal year budget by five percent. GCPD accomplished this by targeting travel reduction. Covid guidance and resources for people with disabilities are on the GCPD’s web page. Construction of the Capitol Transit Amenity Center will begin this fall. Anne Washington was honored to learn the Amenity Center will be named after Justin Dart, her father. Staff participates in Disability Task Force on Emergency Management teleconference meetings and helps develop recommendations directed to Texas Department of Emergency Management. A new workgroup on adult changing tables has begun. Monica Villarreal convened a workgroup on Transportation Network Companies and met with Uber, Lyft and stakeholders. This workgroup will write a white paper eventually posting it to GCPD’s website. Lindsey Zischkale and Ellen Bauman participate in meetings of a task force for Jail Standards Commission and people with IDD: IDD Strategic Work Group plan. Accessibility and Disability Policy Webinar series: Randi Turner has coordinated 13 webinars in a variety of topics. During July, GC hosted ten and hosted the ADA-30 Moving Forward event, and a series of trainings with Southwest ADA Center. These are accessible and archived on GC’s website. Held BJ event virtually; encouraged members to watch. Gov Delivery distribution is up 10% from last year. We were told visibility statistics are higher when the GovDel comes from an individual, rather than a group, so we will send bulletins from Lindsey Zischkale now. Staff has not yet determined the scope of the Lex Frieden Employment Award event, but look forward to another virtual event.Future MeetingsThe next meeting will be conducted virtually. This will be the last opportunity to wrap up voting on policy recommendations so staff can finalize the document to present to the governor and Legislature. Motion by Aaron Bangor to schedule the meeting for Oct 22-23rd. Approved by roll call vote.AdjournmentHaving accomplished all items on the agenda, Chair Bangor, called for motion to adjourn. Motion by Dylan Rafaty to adjourn at 12:06 p.m. Approved by roll call vote.Submitted by, Nancy Van Loan, RecorderFollow Up ItemsHHSC: request copy of Regulatory division’s MCO emergency management rules from House Bill 2325 (R86) (received and shared)HHSC: update related to SHARS for Member Elyse Lieberman and Linda Litzinger, Texas Parent 2 Parent (received and shared)DFPS: outdated references to Dept. of Aging and Disability Services on the website; Adult Protective Services reporting process is confusingTEA: request a comparison showing data of students on the 504 Plan compared to the overall growth of students receiving special education services; and data for students with dyslexiaTxSILC: 2020 Census public service announcements (received and shared) ................
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