Volume 26, Issue 4, Winter 2025

Budget Review

As usual, we looked at the line-items most likely to disproportionately affect individuals with disabilities. The top five percentage increases are: 66.7% for the Achieving a Better Life Experience (ABLE) Savings, 16.9% for Braille and Disability Library Services, 12.9% for Autism Intervention Services, 12.3% for Medical Assistance for Workers with Disabilities, and 10.7% for Medical Assistance under Community HealthChoices. Meanwhile, several programs saw proposed funding decreases, including the State Board of Vocational Rehabilitation (-10.3%), Mental Health Services-Institutional (-8.8%), Community HealthChoices (-5.4%), Centers for Independent Living (-3.8%), and Medical Assistance for Workers with Disabilities (-3.8%).

Additionally, some programs remained level-funded with no increase, such as Behavioral Health Services, Assistive Technology, Centers for Independent Living, Vocational Rehabilitation, Supported Employment, and the Department of Health’s Services for Children with Special Needs. When comparing line items to inflation, several exceeded the projected 3% threshold, including ABLE Savings (66.7%), Braille and Disability Library Services (16.9%), Autism Intervention Services (12.9%), and multiple early intervention and special education programs. Growth utilizing annualized funding is primarily seen in Community Waiver and HealthChoices, which affect the state’s current efforts to reduce waiting lists. Increases in Autism and Early Intervention funding highlight the importance of maintaining these gains. However, flat funding for Assistive Technology and Independent Living suggests the need for advocacy to modernize and grow these programs. At the same time, instability in Accessible Housing Grants remains a concern for community integration.

December Medical Assistance Advisory Committee (MAAC) Meeting

MAAC met on December 4 to share updates from several state offices. The Office of Medical Assistance Programs (OMAP) explained new rules for covered outpatient drugs. It clarified that GLP-1 medications are generally not covered under Medical Assistance, except when medically necessary and approved through prior authorization. They also addressed questions about mental health funding, noting that unused funds from last year can be carried forward. OMAP highlighted Medicaid’s responsibility to provide necessary services for children and gave an overview of the Pennsylvania Rural Health Transportation Program, including grant opportunities and restrictions. They also warned that federal funds could be reclaimed if deadlines are missed.

Other offices reported on budgets and operations. The Office of Income Maintenance (OIM) confirmed that Supplemental Nutrition Assistance Program benefits are secure through September 2026, even though their budget did not increase. OIM is working to fill an 8% staff vacancy, but does not have extra funds for new positions. The Office of Developmental Programs announced federal approval of waiver changes effective January 2026 and discussed programs such as Supports Coordination and Pay-for-Performance. They also raised concerns about possible service disruptions under new federal requirements. The Office of Mental Health and Substance Abuse Services said there is no new funding for county mental health services. Still, it noted a $100 million boost for school safety and mental health initiatives. Subcommittees reported ongoing issues like service denials and policy misalignment, but praised OMAP for improving monitoring.

Public Transportation Funding

The Southeastern Pennsylvania Public Transportation Authority (SEPTA) currently faces a $10 billion backlog in maintenance and upgrades, and it needs to borrow nearly $400 million from its capital program to cover operating costs. SEPTA serves 800,000 riders daily. Governor Shapiro directed the Pennsylvania Department of Transportation (PennDOT) to allocate $219.9 million in additional state capital funds for urgent repairs, upgrades, and new railcars. This funding will help cover leased railcars and enable additional procurements, ensuring SEPTA can fully restore service this month and improve passenger reliability.

Individuals with Disabilities Education Act (IDEA) Committee

The Pennsylvania Department of Education announced the 2026 IDEA Committee meeting schedule, all to be held virtually at 2:00 p.m. on January 15, March 26, May 14, July 23, September 17, and November 19. Members of the public can join via Microsoft Teams by requesting a link from Cindy Jay at ra-edlegal@pa.gov. These meetings let stakeholders stay informed about issues affecting students with disabilities across the Commonwealth. Pennsylvania’s policy guarantees timely placement for students with disabilities who cannot be served in public schools and who have waited, or may wait, more than 30 days. Local agencies report such cases through the Special Education Students @ Home system, which supports regional efforts and offers additional assistance. To address systemic challenges, Pennsylvania established a Memorandum of Understanding among child-serving agencies. An Interagency Committee, meeting quarterly, resolves funding disputes, oversees training, and addresses systemic issues. Members include representatives from the Governor’s Policy Office and the Departments of Education, Health, Labor & Industry, and Human Services.

Philadelphia’s Special Education Crisis

Hundreds of Philadelphia students miss essential services, notably speech therapy. Over 10,000 students need speech services, but 25 speech-language pathology (SLP) positions are vacant, leaving some schools without providers. For instance, Strawberry Mansion High students went a month without speech therapy. Despite officials stating 95% of SLP roles are filled, staffing shortages remain nationwide. Measures such as notifying families and offering teletherapy haven’t fully addressed the issue. Demand is rising, with an 87% increase in the number of kindergarteners from Early Intervention, but staffing hasn’t kept pace. This leads to missed services, legal issues, high caseloads, and limited collaboration. Occupational therapy faces similar shortages and needs 17 more therapists. Advocates call for hiring and retaining qualified providers to prevent further setbacks.

Several legislative efforts aim to address these concerns. House Bill (HB) 880 focuses on Speech Pathology, while HB 482 and Senate Bill (SB) 571 pertain to Occupational Therapy. All three bills are currently under review by the Senate Consumer Protection and Professional Licensure Committee, chaired by Senator Boscola of the minority and Senator Stefano of the majority. For further engagement, Senator Boscola can be reached at boscola@pasenate.com, and Senator Stefano’s contact page is available at https://www.senatorstefano.com/contact/.

Postponing Special Education Funding Commission Reconstitution

Pennsylvania lawmakers have postponed the reconstitution of the Special Education Funding Commission until January 2027 under recent legislation, delaying its next report on funding reforms to November 30, 2027. The commission, originally scheduled to reconvene in 2026, plays a key role in reviewing and recommending changes to the state’s special education funding formula. The new timeline also expands the scope of the Independent Fiscal Office’s required cost survey to include charter, regional charter, and cyber charter schools. While the delay shifts fiscal impacts to later years, advocates warn it could stall progress on addressing persistent funding inequities for students with disabilities.

Special Education Teacher Shortages Demand Targeted Solutions

A new multi-state study warns that special education teacher shortages cannot be solved with one-size-fits-all approaches. Attrition rates surged after COVID-19, but causes vary widely by state. While Pennsylvania’s overall attrition is relatively low, urban districts and high-poverty schools face severe gaps, compounded by a shrinking certification pipeline—down 60% since 2010—and heavy reliance on emergency permits. Other states, such as Indiana and Texas, are seeing teachers leave for general education roles, underscoring the need for retention strategies beyond financial incentives. Research shows that bonuses alone, such as those used in Hawaii, do not reduce overall attrition, highlighting the importance of improving working conditions and systemic support.

Advocates are urging state lawmakers to act before the next budget cycle. Key proposals include raising minimum teacher salaries to $50,000, expanding loan forgiveness and scholarships for special educators, and launching “Grow-Your-Own” programs to recruit paraprofessionals and high school students. Additional priorities focus on reducing administrative burdens through automated compliance systems, funding clerical support, and legislating caseload limits. Investments in technology—such as statewide Individual Education Plan (IEP) management platforms—are critical for streamlining reporting and improving accuracy. These measures aim to stabilize the workforce, reduce emergency certifications, and ensure timely placements for students with complex needs. Share your stories and push for systemic improvements to strengthen special education across Pennsylvania.

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Artificial Intelligence (AI) for Caregiving

The Department of Health and Human Services launched a $2 million AI Caregiver Prize to innovate support for caregivers and enhance care quality. The workforce struggles with low wages and high turnover, leading to instability. The initiative aims to develop AI tools that predict health risks, monitor well-being, automate paperwork, and offer on-demand assistance, enabling caregivers to focus on compassion and quality of care. The competition will award ten prizes totaling $2 million in the first year, with potential funding reaching $5–6 million over three years, starting in early 2026. The administration sees this as a crucial opportunity to promote technology solutions for sustainable and equitable caregiving.

Comprehensive Report on Accessible Child Care

A National Women’s Law Center report highlights the urgent need for accessible, high-quality child care and early education for 2.2 million U.S. children under five with disabilities. These services are crucial for development and family stability, but families face barriers like high costs, limited options, and inadequate accommodations. Despite protections under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and IDEA, funding gaps and enforcement issues leave many children underserved.

Federal programs such as IDEA, Medicaid, and Child Care and Development Block Grant provide support. Still, underfunding and staffing shortages limit their reach, with only about 7% of eligible infants and toddlers receiving early intervention. States can improve access by increasing provider payments, waiving copayments, and prioritizing these families, but implementation varies. Recent regulatory changes aim to improve access, but without more investment, families will continue to face hardships. Proposed funding cuts could worsen issues, especially for low-income families and families of color. The report calls for increased federal and state action to expand access to and the quality of care, including more funding, more vigorous enforcement, higher provider payments, targeted grants, workforce development, subsidy prioritization, elimination of copayments, improved data collection, and cross-sector collaboration.

Department of Education Changes

The Department of Education is reorganizing to improve collaboration with other agencies. About $31 billion in federal funds will be reallocated to support initiatives. The Office of Elementary and Secondary Education, overseeing Title I, will join the Department of Labor. The Office of Special Education and Rehabilitative Services will remain within the department, emphasizing its role in IDEA enforcement, and the Office of Civil Rights (OCR) will remain unaffected by the recent announcement. Many worry that transferring programs to less experienced agencies could cause delays or funding issues. Recent layoffs and overlapping duties might lead to workforce challenges. These shifts impact federal education management, but the effects on students, educators, and vulnerable groups remain uncertain.

A federal lawsuit, Somerville Public Schools et al. v. Trump et al., aims to prevent the dismantling of the Department of Education. The case highlights the Department’s role in safeguarding educational rights for students, families, and teachers. The plaintiffs seek an injunction to maintain the Department’s structure and funding, stressing the importance of adequate staffing and resources.

After months of cuts, on December 5, the Department of Education asked OCR employees to temporarily return to clear the discrimination case backlog caused by nine months of forced leave. This follows a budget deal that restored funding through January 30, 2026, halting layoffs and reopening seven regional offices. The move aims to maintain civil rights enforcement while staffing decisions are still being finalized.

Disability Competency Training

The National Council on Disability (NCD) seeks your feedback on how to improve training for doctors, nurses, and other healthcare providers to serve people with disabilities better. Right now, many medical programs don’t teach enough about disability care, which can lead to misdiagnoses, unsafe treatment, and health gaps. NCD is asking for ideas on what’s missing in current training, how provider confidence affects attitudes, valuable skills that can be taught, and examples of programs that work well. You can share your thoughts by emailing Amged Soliman at asoliman@ncd.gov by January 6, 2026.

Police Disability Awareness Training

In a recent video, a retired police officer shares his thoughts on disability awareness training, national standards, and being prepared to serve people with autism in the community.

Supreme Court to Review Hamm v. Smith

The U.S. Supreme Court will hear a case that could change how courts decide if someone with an intellectual disability can face the death penalty. At issue is whether judges should look at the whole picture—including life skills and history—or rely on a single IQ score. Advocates warn that a narrow approach could put more people with significant disabilities at risk of execution. The hearing is set for December 10, and the decision could have a nationwide impact on how intellectual disability is determined in multiple state and federal matters.

Vaccine Policy Faces Major Upheaval

The Centers for Disease Control and Prevention’s (CDC) Advisory Committee on Immunization Practices recently voted 8–3 to end the longstanding recommendation that all newborns receive a hepatitis B vaccine within 24 hours of birth. Under the new guidance, only infants born to mothers who test positive for hepatitis B or whose status is unknown would be advised to get the birth dose; others would rely on “shared decision-making” with their doctors, with vaccination suggested no earlier than two months of age. The decision, which still requires CDC approval, follows a contentious two-day meeting marked by confusion, repeated revisions to the proposal, and presentations from vaccine skeptics, including attorney Aaron Siri. Public health experts and major medical organizations have strongly criticized the move as lacking a scientific basis and warned it could reverse decades of progress in preventing hepatitis B infections. Several states and health leaders have vowed to ignore the recommendation, calling it dangerous and politically motivated.

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What Was Enacted

Act 39 (HB 18) benefits individuals with disabilities by ensuring faster court reviews when guardianship may no longer be necessary or could be modified, reducing delays that often prolong unnecessary restrictions on personal decision-making. By requiring hearings within 60 days and emphasizing less restrictive alternatives, the law promotes timely oversight and greater autonomy for people with disabilities.

Acts 8 and 9 (HB 211 and 261) modernize insurance laws by replacing offensive language with respectful terms like “intellectual disabilities,” reinforcing integrity, dignity, and reducing stigma in our laws for individuals with disabilities.

What is Still Moving

Interstate Licensure Compacts: HB 80, 482, 554, 668, 2002, SB 571, 583, and 604 aim to simplify licensure for professionals working in multiple states, including via telehealth. This affects people with disabilities who need various supports like speech therapy, audiology, occupational therapy, counseling, social work, and school psychology. Allowing providers to work across states may reduce wait times, improve care, especially for those who move, and expand access in rural areas. These agreements could enhance safety by sharing license and discipline information between states. Passing these bills can boost provider availability for the intellectual and developmental disability community. The House Professional Licensure Committee holds HB 2002 and SB 604. The Senate Consumer Protection & Professional Licensure Committee holds the others.

House Resolution 68 directs a study on improving mass and public transit in Pennsylvania’s rural communities, which could significantly benefit individuals with disabilities by identifying gaps in transportation access and proposing solutions for affordable, reliable mobility. Enhanced transit options would support greater independence and access to employment, health care, and community services for people with disabilities living in underserved areas. The Speaker of the House tabled it.

HB 200 establishes a statewide Family and Medical Leave Program, providing paid leave for workers to care for themselves or family members during severe health conditions. For individuals with disabilities, this would allow caregivers to take time off without losing income, improving continuity of care, and reducing stress on families. It was tabled by the Speaker.

HB 265 amends Pennsylvania’s Unemployment Compensation Law to allow education support professionals to receive unemployment benefits between academic terms, even if they have reasonable assurance of returning to work. For students with disabilities, this could help stabilize staffing for support roles, such as paraprofessionals and aides, reducing service disruptions during school breaks. The Senate Labor and Industry Committee is holding it.

HB 410 allows individuals with qualifying disabilities to renew their driver’s license or identification card using the most recent photo and signature on file, eliminating the need for in-person visits unless significant changes are required. This would make the renewal process easier and safer for individuals with disabilities by reducing physical and logistical barriers to maintaining valid identification. The Senate Transportation Committee is holding it.

HB 583 would expand dental coverage under Pennsylvania’s Medical Assistance program for adults, restoring previously eliminated benefits and allowing for additional services if funding permits. This change would improve access to essential dental care for individuals with disabilities, reducing health disparities and supporting overall well-being. The Senate Health and Human Services Committee is holding it.

HB 802 would clarify that notes and working papers created to assist public officials with disabilities—such as braille translations, transcriptions, or large-print materials—are exempt from public disclosure. This change allows public officials with disabilities to receive accessible formats without concerns about the release of sensitive information.

HB 808, known as Nicholas’ Law, removes the statute of limitations for crimes committed against care-dependent individuals, including neglect and abuse. This change strengthens legal protections for individuals with disabilities by ensuring that perpetrators can be prosecuted at any time, promoting accountability and long-term safety. It was tabled by the Speaker.

HB 1396 includes accessibility provisions that require polling places and voting systems to meet updated standards, ensuring physical and technological access for all voters. These changes would make the voting process more inclusive for individuals with disabilities by reducing barriers to in-person voting and improving the usability of the election infrastructure. The Senate State Government Committee is holding it.

HB 1577 enhances protections for youth in institutional settings by restricting the use of restrictive procedures—such as restraints and seclusion—to only situations where they are truly necessary for safety and banning their use for punishment or convenience. Individuals with intellectual and developmental disabilities are significantly overrepresented in the juvenile justice system. Research estimates that up to 60% of youth in juvenile detention facilities have some form of disability, and studies show that those with intellectual and developmental disabilities often enter the system at younger ages, face higher risks of repeat offenses, and are more likely to be charged with serious crimes compared to peers without disabilities. The Senate Aging and Youth Committee is holding it.

HB1590 removes state regulations that restrict Medicaid reimbursement for behavioral health services to those provided within a clinic’s physical walls, aligning Pennsylvania with new federal flexibility. This change would improve access to behavioral health care for individuals with disabilities by allowing services to be delivered in community settings or via telehealth, reducing barriers caused by geographic constraints and workforce shortages. The Senate Health and Human Services Committee is holding it.

Newborn Screenings: HB 1652 expands Pennsylvania’s Newborn Child Testing Act to include screening for Gaucher disease. This rare genetic disorder affects how the body breaks down fatty substances, leading to organ damage and potential intellectual or physical disabilities if untreated. HB 1715 similarly amends the Act to add screening for Duchenne muscular dystrophy. This severe genetic disorder causes progressive muscle weakness and can lead to loss of mobility and life-threatening complications. Early detection and intervention are critical for preventing developmental delays and improving long-term health outcomes. They were tabled by the Speaker.

HB 1664 creates the Historic and Older Building Redevelopment Assistance Grant Program to fund rehabilitation projects for buildings at least 50 years old. For individuals with disabilities, this could increase the availability of accessible housing and community spaces by encouraging renovations that incorporate ADA-compliant features during redevelopment. It was tabled by the Speaker.

Workplace Discrimination: HB 1825 would require employers to adopt written anti-discrimination and anti-harassment policies, including clear complaint procedures and confidentiality protections. This would help individuals with disabilities by promoting inclusive workplaces and reducing discrimination in employment settings. HB 1826 updates and clarifies definitions to ensure consistency in applying protections against discrimination and expanding coverage to include modern terminology and broader categories of protected individuals. The House Appropriations Committee holds HB1825, while the Speaker tabled HB1826.

HB1963 adds a certified driving rehabilitation specialist to PennDOT’s Medical Advisory Board, ensuring that expertise in driver rehabilitation for individuals with disabilities is incorporated into decisions on licensing standards. This change would help create fairer, more informed policies that support safe driving opportunities for people with disabilities while addressing their unique needs. It was tabled by the Speaker.

SB 307 establishes the Pennsylvania Purple Alert System, which allows law enforcement to issue alerts when a person with an intellectual disability goes missing and is at risk due to their health condition. This system would improve safety for individuals with developmental disabilities by enabling rapid public notifications and coordinated efforts to locate them quickly. The Senate Appropriations Committee is holding it.

SB 867 updates the Pennsylvania Construction Code Act to create an Accessibility Advisory Board with authority to review and adopt future accessibility standards, ensuring that building codes remain current and inclusive. This would directly benefit individuals with disabilities by improving physical access in public and private spaces, reducing barriers, and promoting safer, more equitable environments statewide. It awaits a floor vote in the Senate.

New Legislation Since Your Last Slice

SB 1100 would create fatality review teams for older adult deaths during abuse investigations. While not specifically for individuals with disabilities, the composition of a fatality review team would include a behavioral health or intellectual disabilities service provider representative. It was assigned to the Senate Aging and Youth Committee.

SB 1110 would allow people with autism—or those who regularly transport someone with autism—to get a special license plate that says “Autistic/Neurodivergent.” To qualify, applicants need a doctor’s note confirming the diagnosis and pay a small fee in addition to standard registration costs. Lawmakers introduced this bill to help first responders quickly recognize when someone in the vehicle may have sensory or communication challenges, reducing misunderstandings during emergencies or traffic stops. It was assigned to the Senate Transportation Committee.

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