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<a name="OLE_LINK5"></a>Good evening members,<br>
<br>
<br><br>
With gratitude to our Government Affairs Committee for drafting it, I am
excited to share the text of our 2024 state legislative priorities below
my email signature. While the official RSVP deadline has passed for our
Day at the Capitol, I’m confident that we can always use the help of a
few more folks. If you’re able to join us at the State Capitol on
Wednesday, please let me know!<br><br>
<br><br>
See you at 8:15 AM on Wednesday!<br><br>
<br><br>
Corbb<br><br>
<br><br>
Corbb O'Connor (he/him), President<br><br>
National Federation of the Blind of Minnesota<br><br>
<a href="http://www.nfbmn.org">www.nfbmn.org</a> | (612) 872-936<br><br>
<br><br>
<br><br>
<h1><b>Legislative Priorities:</b></h1><br><br>
<br><br>
TO: Members of the 2024 Minnesota
Legislature<br><br>
FROM: National Federation of the Blind of
Minnesota (NFBMN)<br><br>
RE: Legislative Agenda for the
2024 Session<br><br>
DATE: February 21, 2024<br><br>
<br><br>
<br><br>
<h2><b>Protect Civil Rights of Parents with
Disabilities</b></h2><br><br>
<b>ISSUE</b>Parents with disabilities have ssometimes been denied the
opportunity for adoption, or have lost child custody or parenting time on
the basis of a disability, without specific evidence supporting the
decision. Stronger protection under the law is needed to eliminate the
bias and discrimination that people with disabilities face in court
decisions regarding custody/parenting time or adoption.<br><br>
The proposed legislative solution does not require new services or
additional funding. Rather, it sets a framework of procedural safeguards
if disability is raised as a factor in an adoption or custody
case.<br><br>
<br><br>
<b>BACKGROUND</b>Vast experience demonstrates that disability is not a
relevant ffactor in whether a person is fit to be a parent. For example,
the National Federation of the Blind has documented thousands of cases of
blind people who are successfully raising children, many right here in
Minnesota. Unfortunately, in too many cases, the
<a href="https://www.nfb.org/sites/www.nfb.org/files/images/nfb/publications/brochures/blindparents/parentingwithoutsight.html">
capabilities of blind individuals to care for children</a> are often
brought into question even when they have been successfully caring for
their children for many years.<br><br>
<br><br>
In September 2012, the National Council on Disability issued a report
entitled
<a href="https://ncd.gov/publications/2012/sep272012/"><i>Rocking the
Cradle: Ensuring the Rights of Parents with Disabilities and Their
Children</a></i>. This report states that parents with disabilities,
“are the only distinct community of Americans who must struggle to
retain custody of their children.” <a name="_Hlk506999759"></a>The
report goes on to say, “In families where the parental disability is
physical, 13 percent have reported discriminatory treatment in custody
cases. Parents who are deaf or blind report extremely high rates of child
removal and loss of parental rights.”<br><br>
<br><br>
The Minnesota Legislature has demonstrated its understanding that
disabled parents should not be denied a role in raising their children
merely on the basis of disability. MS 518.17 Subdivision 1b(5) states
that "Disability alone, ... of a proposed custodian or the child
shall not be determinative of the custody of the child." Although
this law was a positive step, the language should be strengthened to
require the court to show that no discrimination on the basis of
disability has occurred, and to take into account the use of supportive
parenting services which can often resolve concerns before limiting or
denying custody rights.<br><br>
<br><br>
<b>LEGISLATIVE SOLUTION</b>The propossed legislation will protect the
rights of parents with disabilities in adoption or custody cases by
establishing the following safeguards:
<ol>
<li>Any petition to deny or limit parental rights must not be based on
the presence of a disability but rather on a parent or prospective
parent's specific behaviors;
<li>The party raising the concern has the burden to prove that specific
behaviors will endanger the child;
<li>The parent must have the opportunity to demonstrate how the use of
supportive parenting services (for example, mentoring from other parents
or learning new techniques) can alleviate concerns;
<li>If a denial or limitation occurs, the court must state in writing the
reasons for the decision, including why supportive parenting services
could not be used to prevent the denial or limitation.
</ol><br>
<br><br>
<b>GOAL</b>Keep families together by strengthening legal protectionns
for parents with disabilities.<br><br>
<br><br>
<h2><b>End Subminimum Wages for Workers With Disabilities in
Minnesota</b></h2><br><br>
<b>ISSUE</b>In 2023, the Minnesota Legislature established resources and
iinfrastructure to assist and incentivize employers to transition away
from the antiquated and discriminatory practice of paying workers with
disabilities below the minimum wage. This investment was a meaningful
first step, but Minnesota should affirmatively disallow payment of
subminimum wages by setting a date certain after which the use of
certificates under 14(c) of the Fair Labor Standards Act will be
prohibited.<br><br>
<br><br>
<b>BACKGROUND</b>Section 14(c) of the Fair Labor Standards Act of 1938
permitss employers to pay people with disabilities at a rate less than
the federal minimum wage. This is done by obtaining special minimum wage
certificates from the United States Department of Labor's Wage and Hour
Division. <br><br>
<br><br>
During the 85 years since the establishment of the program, greater
awareness about the capacities of people with disabilities, along with
<a href="https://www.usccr.gov/files/2020/2020-09-17-Subminimum-Wages-Report.pdf">
serious concerns about the exploitative and discriminatory nature</a> of
this model, have come to light. There is increasing consensus from
federal government agencies, state governments, and advocates that the
subminimum wage model of employment is outdated and discriminatory.
<br><br>
<br><br>
Despite better understanding of the capacity of people with disabilities
such as those expressed in
<a href="https://mn.gov/dhs/partners-and-providers/news-initiatives-reports-workgroups/long-term-services-and-supports/employment-first/employment-first-policy.jsp">
Minnesota's Employment First Policy</a>, more than 50 of the
approximately 800
<a href="https://www.dol.gov/agencies/whd/workers-with-disabilities/section-14c/certificate-holders">
14(c) entities in the US</a> operate in Minnesota; nationwide, Minnesota
ranks among the highest for numbers of people with disabilities making
below the minimum wage.<br><br>
<br><br>
More than a dozen states have already phased out the payment of
subminimum wages through successful implementation of models providing
competitive, community-integrated employment while retaining other
critical services. To learn from the experiences of other states that
have transitioned away from subminimum wage, the Minnesota Disability Law
Center
<a href="https://mylegalaid.org/news/article/minnesota-disability-law-center-presents-a-new-report-ending-the-subminimum-wage-in-minnesota">
studied five states</a>: Oregon, Maine, Rhode Island, Vermont, and
Maryland. The data show that, with resources and careful planning, the
transitions have been overwhelmingly successful. Claims that people with
severe disabilities will be left without a place to go and without
opportunities are also shown to be unfounded.<br><br>
<br><br>
In 2023, the Minnesota legislature took meaningful steps toward
addressing the issue by establishing grants, additional reporting
requirements, and a technical assistance center to help employers
transition away from the subminimum wage model and pay people a fair wage
for the work they do while retaining other needed services. This year,
our state should affirmatively end the discriminatory practice by setting
a date certain, no later than 2028, after which the use of 14(c)
certificates in Minnesota will be prohibited.<br><br>
<br><br>
<b>GOAL</b>Put an end to the use of subminimum wage certificates in
Minneesota, so that all workers will be paid at or above the minimum
wage.<br><br>
<br><br>
<h2><b>Additional priorities may offer opportunity for legislative action
during this session.</b></h2><br><br>
<br><br>
<h2><b>About the NFB of Minnesota</b></h2><br><br>
This information is provided by the members of the
<a href="http://www.nfbmn.org/about/resolutions">National Federation of
the Blind of Minnesota</a> (NFBMN), the state’s oldest, largest, and
most active membership organization of blind and interested sighted
people, who have worked together since 1920 to formulate much-needed
social change. With chapters throughout the state, we deliver a message
of hope and encouragement that blindness need not hold us back. We
promote policies that will bring blind people of all ages into full
participation in our communities. <br><br>
<br><br>
<h3><b>Contact Us</b></h3><br><br>
<b><i>For further information on these legislative priorities, or should
questions arise on any matters affecting blind people anywhere in
Minnesota, contact Corbb O'Connor, President, National Federation of the
Blind of Minnesota, at (612) 872-9363 or
<a href="mailto:president@nfbmn.org">president@nfbmn.org</a></i></b>
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