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1、E:/fileroot04/2019-118f4685d15-eff7-4310-b1c4-9bd394fb9f9f79ad811ea944758552ac5235a52b00b5.pdf 1691 Emerging Disability Policy Framework: A Guidepost for Analyzing Public Policy Robert Silverstein I.INTRODUCTION.1695 A.BACKGROUND AND PURPOSE OF THE ARTICLE.1695 B.RESEARCH APPROACH AND ACTIVITIES1696
2、 C.STRUCTURE OF THE ARTICLE.1697 II.CATEGORIES OF LAWS AFFECTING INDIVIDUALS WITH DISABILITIES1698 A.CIVIL RIGHTS STATUTES1699 B.ENTITLEMENT PROGRAMS.1700 C.DISCRETIONARY GRANT-IN-AID PROGRAMS.1703 1.Formula Grant Programs 1703 2. Competitive Grant Programs.1705 D.REGULATORY STATUTES1707 Director of
3、 the Center for the Study and Advancement of Disability Policy, 1730 K Street, N.W., Suite 1212, Washington, D.C. 20006; e-mail: bobbycsadp.org. Mr. Silverstein served for thirteen years on Capitol Hill in various capacities, including Staff Director and Chief Counsel, U.S. Senate Subcommittee on Di
4、sability Policy of the Committee on Labor and Human Resources (chaired by Tom Harkin (D. Iowa). He holds a B.S. in Economics from the Wharton School, University of Pennsylvania and a J.D. from the Georgetown University Law Center. This article was funded by a grant from The Joseph P. Kennedy, Jr. Fo
5、undation, grants from the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education supporting the Rehabilitation Research and Training Center on Workforce Investment and Employment Policy for Persons with Disabilities (No. H133B980042) and the Rehabilitation R
6、esearch and Training Center on State Systems and Employment (No. H133B30067), and a grant from the Robert Wood Johnson Foundation. Additional support for this paper was provided by The Public Welfare Foundation, The Peter L. Buttenwieser Fund of the Tides Foundation, Mr. and Mrs. Justin Dart, Fenmor
7、e R. Seton, The American Occupational Therapy Association, Inc., The Bernard L. Schwartz Foundation, Inc., Glaxo Wellcome, Inc., Josiah Macy Jr. Foundation, Kaleidoscope, American Speech-Language- Hearing Association, The Nancy Lurie Marks Family Foundation, The Philanthropic Collaborative, Inc., an
8、d The Ada G. Halbreich Revocable Trust. The opinions contained in this Article are those of the author and do not necessarily reflect those of the U.S. Department of Education or the other grantors. This Article may be reproduced for noncommercial use, without prior permission, if the author, Robert
9、 Silverstein, and the Center for the Study and Advancement of Disability Policy (CSADP) are identified, and the Iowa Law Review is cited as follows: 85 IOWA L. REV. 1691 (2000). Vol. 85 169285 IOWA LAW REVIEW2000 E.MISCELLANEOUS CATEGORY OF LAWS, INCLUDING APPROPRIATIONS, TAX LEGISLATION, AND LOANS1
10、708 III.STATEMENT OF FINDINGS AND RATIONALE1708 IV.STATEMENT OF PRECEPT AND OVERARCHING GOALS1712 V.DEFINITIONS OF DISABILITY.1715 VI.CORE POLICIES.1718 A.EQUALITY OF OPPORTUNITY1719 1.Individualization and Interdisciplinary Assessments1719 2.Genuine, Effective, and Meaningful Opportunity: Accommoda
11、tions, Auxiliary Aids and Services, and Program Accessibility1722 3.Genuine, Effective, and Meaningful Treatment: Modifications of Policies and Procedures. .1724 4.Treatment in the Most Appropriate Integrated Setting.1725 B.FULL PARTICIPATIONEMPOWERING INDIVIDUALS AND FAMILIES1726 C.INDEPENDENT LIVI
12、NG.1729 1.Independent Living Skills Development and Specialized Planning.1729 2.Long-Term Services and Supports, Including Personal Assistance Services and Supports1730 3.Cash Assistance and Other Programs of Assistance.1731 D.ECONOMIC SELF-SUFFICIENCY.1731 1.Systems Providing Employment-Related Ser
13、vices and Supports .1732 2.Cash Assistance Programs and Other Programs of Assistance that Include Work Incentives1732 3.Tax Policy.1733 VII. METHODS OF ADMINISTRATION.1733 A.METHODS OF ADMINISTRATION, IN GENERAL.1733 B.STATE AND LOCAL PLANS, APPLICATIONS, AND WAIVERS1734 C.MONITORING AND ENFORCEMENT
14、 BY GOVERNMENT AGENCIES.1735 D.PROCEDURAL SAFEGUARDS.1735 E.ACCOUNTABILITY FOR RESULTS (OUTCOME MEASURES)1736 F.REPRESENTATION AT THE INDIVIDUAL AND SYSTEMS LEVEL1738 G.SINGLE LINE OF RESPONSIBILITY/COORDINATION AND COLLABORATION AMONG AGENCIES1738 E:/fileroot04/2019-118f4685d15-eff7-4310-b1c4-9bd39
15、4fb9f9f79ad811ea944758552ac5235a52b00b5.pdf EMERGING DISABILITY POLICY FRAMEWORK1693 H.SERVICE COORDINATION.1739 I.FINANCING SERVICE DELIVERY1741 J.PRIVACY, CONFIDENTIALITY, ACCESS TO RECORDS, AND INFORMED CONSENT.1742 K.COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT AND PERSONNEL STANDARDS.1742 L.RA
16、CIAL, ETHNIC, AND LINGUISTIC DIVERSITY1743 M.FISCAL PROVISIONS.1743 N.FINANCIAL MANAGEMENT AND REPORTING PROVISIONS1744 VIII. PROGRAM SUPPORTS1744 A.SYSTEMATIC CHANGE1744 B.TRAINING OF PERSONS WITH DISABILITIES AND THEIR FAMILIES1745 C.PERSONNEL PREPARATION AND TRAINING1745 D.RESEARCH, DEMONSTRATIONS, TECHNICAL ASSISTANCE, AND DISSEMINATION OF INFORMATION1746 IX.CONCLUSION1746 A.QUESTIONS RELATING TO STATEMENT OF FINDINGS AND RATIONALE1747 B.QUESTIONS RELATING TO CORE PRECEPT17
