2022 Legislative Priorities
Tuesday, January 18, 2022
Disability Rights Florida Blog
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The Florida Legislature is gearing up to tackle a wide range of issues during the 2022 Regular Session which began on January 11, 2022. Having completed a special session in November focused on issues related to COVID-19, this session will focus more on non-pandemic related issues.
Many bills which have the potential to directly impact people with disabilities have been filed by lawmakers this year. Below are just a few of the issues Disability Rights Florida is focused on for this session.
Supported Decision-Making
Supported decision-making (SDM) is the process of utilizing support – whether it be the advice of a trusted family member or friend, a doctor, or a plumber – to help us make decisions. It can be as informal as calling a friend for advice or can be formalized into a written agreement. Some people with disabilities are at risk of or have already lost their rights to make certain decisions for themselves through the process of guardianship. SDM can be used as an alternative to the guardianship process which allows people to retain their rights and the ability to make decisions about their own lives. Disability Rights Florida supports efforts to codify SDM in Florida law through organizational efforts as well as its membership in the SDM4FL Coalition.
Employment
People with disabilities should be paid a fair, living wage for their work and must have employment opportunities in competitive, integrated settings. Workers with disabilities should not be segregated or paid a subminimum wage for their work. A Medicaid buy-in program is essential to ensuring people with disabilities are not forced to work fewer hours than they want or for less money than they deserve. Amending Florida’s Medicaid program to create a “buy-in” option for people with disabilities would allow them to maintain their health insurance coverage without having to remain “low-income” under federal poverty measures.
Student Safety and Privacy
Safety of students in schools encompasses not just threats to their physical safety but also to their emotional and mental wellbeing. Use of mechanical restraints, such as handcuffs and wrap mats, on children is traumatic and ineffective. Children should not be mechanically restrained and should not be removed from their classrooms due to manifestations of their disability. Schools must be adequately funded, students accommodated, and teachers supported so that children can remain in the classroom and learn safely. Furthermore, the behavioral histories and educational data of students should be used only for educational support and never to stigmatize or punish them.
Mental Health Policy Reform
The State of Florida involuntarily commits people at a higher rate than any other state in the nation. Florida’s involuntary commitment law, the Baker Act, allows both adults and children to be taken against their will, and without parent permission in the case of children, to a mental health facility and held for 72 hours or more. They are often transported by law enforcement to these facilities in handcuffs. Baker Act reform is essential to prevent the inappropriate use of the law as well as to reduce the traumatic effect of involuntary commitment when it is necessary. Comprehensive, affordable mental health services must be available statewide, including in rural areas, to reduce the need for crisis intervention under the Baker Act. Services addressing substance use disorder must also be comprehensive, affordable, and available statewide. Peer support services, which connect those in recovery with supportive peers who share their history of substance misuse disorder, should be included in the system of care.
Learn more about Disability Rights Florida’s full 2022 legislative priorities or follow us on Facebook and Twitter for updates.
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