MEMORANDUM 
Date: January 6, 1994 
To: Senator Dole 
From: Alec Vachon [initialed]
RE: YESTERDAY'S HEARING ON UNFUNDED MANDATES ( S. l)

Three members raised disability issues during their oral remarks at yesterday's joint Budget/ Government Affairs hearing on S. 1. McCain asked the lead witnesses-- Kempthorne and Rep. Portman-- to "reassure the disability community." (Although, as you know, disability rights legislation is exempted from S. 1 and CONTRACT WITH AMERICA). McCain is, of course, a big supporter of disability interests. Cohen, however, referred to ADA as an unfunded mandate. 

Dodd noted he tried (unsuccessfully) to increase special ed funding (under the 1975 Individuals with Disabilities Education Act-- IDEA) during budget resolution consideration last year. Although Dodd did not call IDEA an unfunded
mandate, a witness from the National Association of School Boards did. 

(Whether IDEA is an "unfunded mandate" is debateable. IDEA offers States special ed funding in return for following specified procedures to ensure parents participate in writing an educational plan for their child. If there was 
no IDEA, states should till have to educate children with disabilities-- but with no federal money. The rub comes in because Congress sets an authorization level of forty percent of the excess costs of educating disabled children in 1975--but only pays seven percent. States often feel shortchanged by this big, fat, empty promise. You warned about the size of this commitment during the floor debate in 1975.)
 
In the last panel, Justin Dart gave testimony on behalf of the disability community-- full of grand, soaring phrases about the rights and mistreatment of people with disabilities-- but little substance. His written testimony was better-- pointing out that the requirements of ADA are often misinterpreted and ADA has been even used as a scapegoat for public officials who want a new building but can't get voters to pay for it. The disability community has been advised to craft their message to Republicans-­ e.g., how ADA protects states and local communities as well as helping people with disabilities-- but they don't get it. 

[handwritten at bottom: 
ce...Dan 
Dr. Taylor
(illegible)