Jeff Anderson, Executive Director M.Ed.
I have lived in Fargo since 1993 and have spent 30 of those years working in the disability field. I am happily married to my wife Kristen, and have four incredible children-Elsie, Braylon, Eiley, and Boden. We enjoy spending time together, participating in many child-related sports and activities, and playing referee during the daily conflicts between our cat Howie and our two-year-old Labrador Remi.
My experience working in the IDD field has been very productive and personally rewarding and I am very happy to return to this field. I have had a long personal history working collaboratively with The Arc of Cass County, and The Arc of North Dakota. I am extremely passionate about improving the quality of life for people with IDD, the pursuit of equality and inclusion, and look forward to the many challenges that lie ahead!
April
This month I want to share a great resource for any parent of children with disabilities from PACER of Minnesota. PACER Center enhances the quality of life and expands opportunities for children, youth, and young adults with all disabilities and their families so each person can reach his or her highest potential.
The statement that “knowledge is power” is especially true for parents who want to be effective advocates for their children with disabilities. To make sure parents have the information they need most, PACER conducted a survey, and nearly a thousand people responded. Given a list of choices, parents of children from each age group indicated their top three concerns. This PACER Action Sheet provides a selection of helpful information to address each topic from a variety of national and statewide organizations. As Albert Einstein said, “Know where to find the information and how to use it — that’s the secret of success.”
Top 10 Topics: Parents Concerns and Matching Resources
March
Balancing the Budget is a Worthy Goal, But Not at the Expense of Vital Social Programs
The need to balance the budget is an imperative that generally resonates across party lines, as rising national debt and fiscal deficits pose serious threats to our economic stability and the future of our nation. However, discussion gets strained when the suggestions of where to cut begin. As our leaders duke it out in Washington, I am making an appeal that encourage our elected representatives to navigate the critical path towards financial balance with caution and continue to prioritize the protection of vital programs such as Medicaid and Social Security. First and foremost, a responsible budget reflects not only the current financial landscape but also our commitment to the future. There are times when budget deficits are justified. However, it is my belief that spending more than you bring in needs to be reserved for emergencies only-not an annual occurrence. More importantly, if you do accumulate debt due to emergencies, you should pay it off as soon as possible. Parents wouldn’t leave a mountain of debt for their children to pay off, just as our government should not leave a legacy of debt for following generations to overcome. It is wrong. The Congressional Budget Office projects the interest on our nation’s debt will total $952 billion dollars in 2025. It has become the largest line item in our budget surpassing defense expenditure.
However, as policymakers scrutinize spending and seek cuts, it is crucial to recognize that programs like Medicaid and Social Security are not merely line items on a budget sheet; they are lifelines for millions of Americans. 1 in 4 of all Americans is receiving some form of Social Security benefits, and Medicaid covers 1 in 5 people. Medicaid serves as a critical safety net for the most vulnerable populations- the elderly and individuals with disabilities. Cutting funding or restructuring this program would disproportionately affect those who rely on it for essential healthcare services. It is essential to remember that investing in health outcomes is not just a moral imperative but also an economic one. Healthy citizens are more productive, contributing to a robust workforce and a thriving economy. We need a nation of individuals with access to healthcare. It is good for everyone as it slows the spread of communicable disease- be it TB, Covid, influenza, West Nile, or a ghost from the past like measles. Similarly, Social Security is an essential program that provides financial security for retirees and people with disabling conditions. For many, it is their primary source of income. Proposals to cut Social Security not only jeopardize the financial stability of millions but also undermine the very fabric of our society. We must remember that Social Security is not just a government program; it is a promise made during a tough time in our history to generations of Americans that our nation will financially support those who can’t do so for themselves.
In conclusion, these debates about taxes, the public good, size of government, and what projects to fund are as old as civilized society itself. However, what a civilized society doesn’t do is turn their back on their most needy citizens-the elderly and people with disabilities. While the need for budgetary balance is undeniable, it is critical that we approach this challenge with an eye on the big picture. Medicaid and Social Security budgets are not just numbers on a balance sheet; they represent our nation’s values. They represent our nation’s commitment to compassion, and the well-being of all our citizens. As work moves towards a budgetary solution, let’s all work together to confirm our unwavering dedication to preserving these vital programs.
February
Testimony in Favor of North Dakota House Bill 1428
Good afternoon, members of the Senate Finance and Taxation committee. My name is Jeff Anderson, and I am the Executive Director of the Arc of Cass County. I am here today to express my strong support for House Bill 1428, which proposes a sales tax exemption for used clothing sold by thrift stores operated by nonprofit corporations. The Arc of Cass County operates two thrift stores in Fargo ND, and revenue from these stores fund 90% of our advocacy, education, and social programs. Through these sales we are able to operate without any state funds. I believe that this proposal is a good thing for the people of North Dakota for a number of reasons:
First, It will support nonprofit missions:
Thrift stores run by nonprofit organizations play a vital role in our communities. They not only provide affordable clothing options for individuals and families in need but also support the charitable missions of their parent organizations. By exempting sales tax on used clothing, we can help these nonprofits maximize their revenue, allowing them to reinvest in vital programs and services that benefit our community members.
Secondly, it promotes sustainability:
This bill also aligns with our nation and state’s growing commitment to sustainability. Thrift stores enable easy purchasing of second-hand clothing, thereby reducing textile waste from landfills and delighting our customers by allowing them to save money by purchasing used items. A sales tax exemption would further incentivize this behavior, benefiting both our landfills and our communities.
Third, it provides economic relief for families:
The rising cost of living presents challenges for many families in North Dakota. Thrift stores offer an essential resource for those seeking affordable clothing options. By eliminating sales tax on used clothing, we can help ease some of the financial burdens faced by low-income families, allowing them to allocate their limited resources to other necessities, such as food and housing.
Fourth, there are precedents in other states for clothing sales tax exemptions:
New clothing sales are completely exempt in 4 states, Delaware, Montana, New Hampshire, Oregon. Partial exemptions for clothing exist in 8 more states Alaska, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Rhode Island and Vermont. 12 states have tax exemptions for new clothing, is it time for North Dakota to offer a sales tax exemption for non-profit thrift stores?
In conclusion, I urge you to support House Bill 1428. This legislation is an impactful step toward empowering nonprofits, supporting our citizens (including needy individuals and families), and promoting a culture of giving and sustainability in our state. Thank you for your time and consideration.
January
Is it time to end sub minimum wage practices in North Dakota?
Among advocates for people with Intellectual and Developmental Disabilities(I/DD), the topic of eliminating sub minimum wages and sheltered employment is as divisive as it gets. Well, the topic is likely to get discussed even more often in the next 60 days.
The U.S. Department of Labor (DOL) issued a proposed rule on 12/4/24Labor Standards Act of 1938, section 14(c) of the Act allows employers to obtain a special certificate from the government to pay workers with disabilities less than the current federal minimum wage of $7.25 per hour. Employers, or most often, services providers who offer to phase out what are known as 14(c) certificates, or sub-minimum wage certificates. Under a federal law dating back nearly 9 decades, the Fair sheltered workshop employment, use these certificates to provide jobs to people with disabilities who may not be able to find work elsewhere in the community, or who live in a community that has few other options. If the rule is finalized, the DOL would immediately cease issuing new certificates. Additionally, existing certificate holders would have three years to stop paying workers with disabilities subminimum wages. The DOL release stated that “Based on that evidence, the department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates.” 1
This bold move is the culmination of efforts from numerous disability advocacy organizations across the country after decades of work. Currently, 15 states have passed laws phasing out subminimum wage employment and the number of people with disabilities working under the model has dropped from 296,000 in 2010 to 38,524 in July of 2024 2, 5. Nearly all these workers have intellectual and development disabilities, and 49% earn less than $3.50 per hour. The number of employers utilizing 14c certificates has dropped from 3517 to 801 between 2010 and 2024. 2,3,4
Proponents state that much has changed since 1938, the existing policy is outdated, and change is long overdue. Public perception, legal rulings, and policy changes have greatly expanded employment opportunities and rights for people with disabilities. As such, momentum in recent years has shifted toward expanding competitive integrated employment and moving away from sheltered employment and subminimum wage contracts. Changes to federal law and an increasing number of cities and states banning the practice have added to that momentum. In 2014 with the passage of the Workforce Innovation and Opportunity Act (WIOA), strict limits on subminimum wage employment were implemented. Under WIOA, individuals with disabilities age 24 or younger cannot work for subminimum wage without first showing that they have received transition services, pursued employment through vocational rehabilitation and that they have been provided information and referrals to other options in their area. All people being paid sub-minimum wage must receive career counseling and information about training opportunities once every six months during the first year and annually after that.
Opponents to the rule change come at it from two sharply different angles. One group of opponents align with some lawmakers who are in support of eliminating 14(c), but have voiced concerns about policy changes that sidestep Congress. They instead encourage advocates to support the proposals currently stalled in Congress to both phase out 14(c) and add funding and technical assistance to support employment services. The bills are known as the Transformation to Competitive Integrated Employment Act, 2373 in the House of Representatives and 3238 in the Senate. The other group of opponents does not agree with eliminating 14(c), and also want to roll back some of the WIOA requirements. Numerous advocacy entities feel that choice is important, and that some people with I/DD benefit from working in a sheltered workshop and don’t want that option to go away. Furthermore, some people require an environment that is designed for those with special needs. Consider the needs of certain individuals with autism, for example, who may require schedule and environment consistency at a level that is hard to duplicate in a community based job. Or those who may have unique support needs that require room for special equipment, such as a changing table. This group too has its voice in Congress and across the nation.
What often occurs when discuss topics such as this is the answer is not always black and white, and at times passions can run hot. However, the facts show an undeniable trend, the practice of sub-minimum wage employment has decreased by 87%. States that have banned sub-minimum wage have seen competitive integrated employment outcomes increase by as much as 24.5%. 5
We know that North Dakota is a leader in the nation when comparing employment outcomes for people with disabilities, and services for people with developmental disabilities are arguable amongst the best in the nation-though I admit to being a bit biased. North Dakota has 7 service providers utilizing 14(c) certificates for 169 people in 2023.4 We have achieved high outcomes without abolishing subminimum wage and sheltered workshops. However, I strongly believe that our state can do better. An increase of 3.5% in the employment rate would put North Dakota firmly in first place for employment outcomes and the first state to exceed 60% employment rate for people with disabilities.6 This goal can be achieved if providers are given the proper resources, technical assistance, and an incentive to serve our rural areas. We can and must do better. After all, doing better is what North Dakotans do.
The proposed rule to eliminate section 14(c) and abolish sub-minimum wages will be up for public comment through January 17, 2025. If you would like to comment, visit the Federal eRulemaking Portal at https://www.regulations.gov. Keep in mind that although DOL officials state they will be reviewing comments as they come in, it will be left to the incoming administration to determine whether or not to finalize the rule. Please feel free to contact The Arc of Cass County and let us know what you think!
1 US Dept of Labor website https://www.dol.gov/agencies/whd/workers-with-disabilities/nprm-employment-of-workers-with-disabilities-14c
2 US Dept of Labor Report to Congress 2023 https://www.dol.gov/agencies/whd/workers-with-disabilities/reports-to-congress
3 US Government Accountability Office web page: https://www.gao.gov/
4 US Dept of Labor website: https://www.dol.gov/agencies/whd/workers-with-disabilities/sction-14c/certificate-holders
5 Association of People Supporting Employment First fact sheet: https://apse.org/wp-content/uploads/2024/08/APSE-14c-Update-REV-Jul24.pdf
6 ND HHS Business Plan: https://www.hhs.nd.gov/sites/www/files/documents/Misc/2024_2025-NDHHS-Business-Plan.pdf
December
“If you want to see competence, it helps if you look for it.”–Douglas Biklen
This month we want to share a great resource for presuming competence when speaking with a person who has a disability from Self-Advocates Becoming Empowered (SABE)
1. Always ask before giving assistance and let the person tell you what you may do to be helpful.
2. Treat adults as adults. Use a typical tone of voice, just as if speaking with a friend or co-worker.
3. In general, do not assume a person can’t read. If support is needed, do it discreetly.
4. Speak to the person directly, not the support staff, parent, or companion.
5. Don’t assume a person who has limited speech cannot understand what is being said. People usually understand more than they can express.
6. Never pretend you understand what is said when you don’t! Ask the person to tell you again what was said. Repeat what you understand.
7. Do not try to finish a person’s sentence or cut them off. Listen until they have finished talking, even if you think you know what they might say.
8. You might not be able to see someone’s disability. Disabilities and abilities may be hidden within a person.
9. Avoid using stereotypes in your thinking. We all have different personalities and our own ways of doing things. To find out what a person prefers, ask them directly.
10. Offer compliments but avoid giving a lot of praise when people with disabilities do typical things.
11. Most people with disabilities want to help others, as well as be supported, and enjoy making a difference in someone else’s life.
12. Look for something that indicates a person understands. Respond to any attempt the person makes to communicate.
13. Avoid speaking for others. Encourage a person to speak on their own behalf. If you must restate something, be careful not to change the meaning.
14. Because some people like to please others, it is important to be mindful of your body language, tone of voice, and other gestures that may influence a person’s decision.
15. Have your support of the person be low-key, almost “invisible” to others. Leave a small footprint and don’t “over-support.”
16. Let a person make their own decisions. Don’t take over and make decisions for them. It can be difficult for some to make quick decisions. Be patient and allow the person to take their time.
17. Focus on what a person can do, not on what they cannot do. All people want a chance to live a typical life, just like everyone else.
18. Find ways to include a person in a conversation. Don’t talk about the person to others as if they’re not there.
Self-Advocates Becoming Empowered
PO Box 30142 • Kansas City, MO 64112 • www.sabeusa.org
November
It is election season again and I want to hear your opinions about what the most critical issues that our I/DD community currently face. Please follow the link to complete the survey, your feedback is very important to us! Click here for survey
1. Access to Inclusive Education:
Education laws exist to support appropriate and inclusive education for individuals with disabilities, many schools still face inadequate resources, lack of trained staff, and barriers to inclusive practices.
2. Employment Opportunities:
Despite Fargo’s high ratings of employment rates for people with disabilities, there are still many with I/DD who remain unemployed or underemployed due to the stigma of low expectations, lack of vocational staff/resources, and insufficient supports in the workplace.
3. Healthcare Access:
Individuals with I/DD often have distinct health needs but encounter barriers such as a shortage of providers experienced in treating I/DD, inadequate insurance, and challenges in navigating the healthcare system. Finding dental care that will take medical assistance can be very challenging.
4. Social Inclusion and Stigma:
Just because a person lives in the community doesn’t mean that they don’t face isolation, and the stigma of reduced expectations. Social isolation and stigma are significant challenges, leading to mental health struggles and reduced opportunities for community engagement and relationships.
5. Support Services and Resources:
Obtaining essential support services has been hampered due to DSP shortages, and/or inadequate training. This creates difficulties in daily living and overall quality of life. Families often struggle due to the additional stress that this issue brings on. As individuals with I/DD age, they may require specialized care that is often not readily available, leading to concerns about health management and living arrangements.
6. Transition to Adulthood:
The transition from school to adulthood can be particularly daunting, and is exasperated with insufficient resources for vocational training, independent living skills, and social integration.
7. Legal Rights and Advocacy:
Some individuals with I/DD may not be aware of their legal rights or lack access to advocacy resources, leading to potential violations of their rights in various settings. Underutilization of Support Decision Making as an alternative to guardianship is a concern for some. Additionally, crime is becoming a real issue even in our fine state. The threat of exploitation via the internet is real and occurring at an increasing rate.
8. Crisis Intervention/Behavioral Health:
People with I/DD may experience behavioral health issues or crises without access to appropriate interventions, leading to increased risks of rights restrictions (often with no planned exit strategy), or institutionalization.
9. Housing & Cost of Living:
The high cost of housing in the Fargo/West Fargo metro has continued its relentless upward climb. Rent, of course, is not the only thing to see price increases. We have seen prices go up with all products. Some people are unable to afford their own apartment.
10. Transportation:
Public transportation is a key component for community inclusion. FM area has a good bus system, but it fails to serve some areas of the metro. Some service providers charge people receiving services for rides that they receive from their support staff.
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October Disability Employment Awareness Month
October is Disability Employment Awareness Month, and it is a month of celebration not just at The Arc of Cass County, but across the nation! Disability Employment Awareness Month (NDEAM) was established in the United States to educate the public about disability employment issues and to celebrate the many and varied contributions of America’s workers with disabilities.
The origins of NDEAM date back to 1945, when Congress declared the first week of October as “National Employ the Physically Handicapped Week.” The goal of this initiative was to address the employment challenges faced by disabled veterans returning from World War II. Over the years the movement grew, as society increased their understanding of disability issues and rights. In 1988, the week-long event was expanded by Congress to recognize the challenges faced by all people with disabilities in finding employment, and officially renamed it National Disability Employment Awareness Month. Today, NDEAM continues to emphasize the importance of ensuring equal opportunity and inclusion for people with disabilities in the workforce, and to thank the employers who provide employment opportunities.
As we recognize this month, it is essential to remember that disability is a part of the human experience. According to the World Health Organization, over a billion people—approximately 15% of the world’s population—experience some form of disability. This includes physical disabilities, mental health conditions, learning disabilities, and many others. Yet, despite this significant number, individuals with disabilities continue to face barriers in employment.
Employers in particular have a unique opportunity—and responsibility—to change this narrative. By fostering an inclusive workplace culture, they can not only empower individuals with disabilities by providing employment opportunities, but also help in changing perceptions and stereotypes. Employment is a big part of all our lives, and that includes people with disabilities. Working is key for people with disabilities to experience full inclusion in their communities. It comes with many of the rewards we all desire – financial, social, and self-fulfillment. So this month-and all year long, let us pull together as a community to raise awareness, and take action to promote inclusivity, and employment!
September