Dave Klein
(Experienced Member)
Tue Jan 27 2009 01:06 PM
Volume 6, Issue 1 January 27, 2009

The Burton Blatt Institute: Centers of Innovation on Disability Law, Health Policy & Disability Center

The Disability Law & Policy e-Newsletter

An electronic publication of

The Law, Health Policy & Disability Center at the
University of Iowa College of Law
http://disability.law.uiowa.edu/
and

The Burton Blatt Institute at Syracuse University
http://bbi.syr.edu

January 27, 2009

Volume 6, Issue 1


The Disability Law & Policy Newsletter
is a bi-weekly publication that aims to inform disability advocates,
scholars, and service providers of the most current issues in disability
law, policy, research, best practices, and breaking news.


Dear Colleague:

Below is a topical overview of the items presented in this issue.

A. CIVIL RIGHTS: Americans with Disabilities Act (ADA), Sections
504 & 508 of the Rehabilitation Act, and state civil rights law

B. EDUCATION: Special education & youth transition to
successful postsecondary outcomes

C. TECHNOLOGY / TELECOMMUNICATIONS: Assistive, information,
and communication technologies

D. HEALTHCARE / BENEFITS: Social Security Income / Social Security Disability
Income / Medicaid & Medicare

E. WORKFORCE: Workforce Investment Act (WIA), Ticket to Work
and Work Incentives Improvement Act (TWWIIA), & Vocational Rehabilitation

F. INDEPENDENCE: News for and about the Independent Living
Movement

G. EMERGENCY RESPONSE / PREPAREDNESS: Disaster mitigation and preparedness news

H. INTERNATIONAL: News for and about disability topics
outside the U.S.

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A. CIVIL RIGHTS

1. False Confessions from People with Intellectual
Disabilities


Journalist and advocate Robert Perske assembled a list of 53 cases where
people with intellectual disabilities confessed to committing crimes, for
which they have since been exonerated, often by DNA evidence. Though Mr. Perske's
list consists of only 53 cases, he believes the list actually could be quite
longer. Mr. Perske believes the list is indicative of the need to educate
police officers that the nature of a person with an intellectual disability
typically is to be agreeable with authority figures, thus creating a greater
need for legal council during the interrogation process.

Full Story:

Robert Perske, False Confessions from 53 Persons with Intellectual Disabilities:
The List Keeps Going, Journal of Intellectual and Developmental Disabilities,
vol. 46(6), pp. 468-79, December 2008, available at

http://aaidd.allenpress.com/pdfserv/10.1352/2008.46:468-479

2. Milwaukee Public Schools Do Not Meet IDEA Requirements

Jamie King, one of the many plaintiffs in a class action lawsuit against
Milwaukee Public Schools (MPS), is a second year freshman at a Milwaukee
charter school, who reads and writes at an elementary level. Jamie and other plaintiffs
contend MPS has insufficiently served its special education students. In
Jamie's case, her mother first requested the school evaluate Jaime
when she began her schooling; however, Jaime did not receive an evaluation
until after she failed the first grade for the third time.

Disability Rights Wisconsin, the organization representing the class, argues
MPS has taken few steps to correct its flawed system since September 2007,
when a court found MPS failed to meet the federal special education requirements
of the Individuals with Disabilities Education Act. Jamie and the other
plaintiffs are seeking services such as tutoring, speech therapy, and internships,
as opposed to monetary relief.

Full Story:

Dani McClain, Lawsuit against MPS Aims to Help Special Education Student, Journal
Sentinel, December 4, 2008, available at

http://www.jsonline.com/news/education/35295289.html

B. EDUCATION

1. Balancing Inclusive Education for Students with
and without Disabilities


Inclusive education, now considered a basic civil right, allows students
with learning disabilities to rise to the level of students receiving a "regular
education." Studies show the inclusion model has improved services
for all students, including those without learning differences. However,
critics of inclusive education argue teachers do not receive adequate training
for the challenges of having children with learning disabilities in the classroom. Additionally,
these critics believe an inclusive education does not challenge students without
disabilities the way the typical non-inclusive educational setting challenges
these students. Proponents of inclusive education agree the key to
a successful inclusive program is two-fold: (1) ensure the appropriate students
are included in the mainstream environment; and (2) ensure teachers receive
the appropriate training with ongoing professional development.

Full Story:

Robert Bardwell, School 'Inclusion' Aids Disabled Students, The
Republican, January 7, 2009, available at

http://www.masslive.com/metroeastplus/republican/index.ssf?/base/news-4/123114376557960.xml&coll=1

2. Meditation Helps Students with ADHD in Washington, D.C., Area

A pilot study in Washington, D.C., suggests children diagnosed with attention
deficit and hyperactivity disorder (ADHD) can improve their attention and
reduce stress, anxiety and impulsive behavior through the twice-daily practice
of transcendental meditation. Transcendental meditation effectively turns
the mind inward making meditation easier for children via a unique technique
where the practitioner repeats a single sound as a means to quiet the mind.
Although part of the definition of ADHD includes difficulty concentrating,
students who participated in the study
mastered the practice of transcendental meditation easily. At the end of
the study, both the students and the teachers reported reduced levels of
stress, anxiety and ADHD symptoms.

Full Story:

Melissa Healy, Study Shows Transcendental Meditation's Promise for
Kids with ADHD, Los Angeles Times, January 6, 2009, available at

http://latimesblogs.latimes.com/booster_shots/2009/01/study-shows-tra.html

3. Federal Government's Failed Promise Proves Challenging for
School Districts


The 1975 Individuals with Disabilities Education Act requires all public
schools to provide special education services to every student needing the
services. To offset the costs, the federal government promised to fund 40
percent of States' excess cost. To date, however, the federal government
has only paid half of the 40 percent difference, forcing districts to rely
on state and local tax funds. In fact, the highest assistance from the
federal government came in 2005, at 18.5 percent. In the face of budget
deficits, the rising cost of education and a lack of funding from the federal
government is a challenge for school districts nationwide.

Full Story:

Steph Kukuljan, Federal Government Backs Down From Spending Promise for Special
Education, Missourian, January 3, 2009, available at

http://www.columbiamissourian.com/storie...pay-40-percent/

C. TECHNOLOGY / TELECOMMUNICATIONS

1. Google Employee Improves Cell Phone Technology
for the Blind


T.V. Raman, a 43-year-old man who lost his eyesight at a young age to glaucoma,
now works for Google designing technology to increase accessibility for individuals
with visual impairments. Mr. Raman worked on developing a form of Google
accessible to users who are blind and would like to create a touch-screen
phone for users who are blind. Moving toward this goal, Mr. Raman started
working on his own phone by adding software that acts as a screen reader
for the phone and by creating a keypad based on relative positions. He
hopes someday to have phones recognize signs in pictures taken by the user
and believes even people without visual impairments will benefit from these
new technologies.

Full Story:

Miguel Helft, For the Blind, Technology Does What a Guide Dog Can't,
New York Times, January 3, 2009, available at

http://www.nytimes.com/2009/01/04/business/04blind.html?pagewanted=1&emc=eta1

2. Fish Make Music for the Blind to "See"

To help individuals with blindness experience something fun, scientists
at Georgia Tech created software that can use color and shape, such as that
of a fish, to create music. The software tracks the fish's movement
using its speed and depth in the tank to vary the music in pitch and tempo. The
scientists hope zoos and aquariums all over the country will use the invention
and have already begun to discuss this with the Tennessee Aquarium. They
also hope to bring the technology to the Georgia Aquarium, the largest aquarium
in the world.

Full Story:

Greg Bluestein, Scientists Try to Let the Blind `See' Fish, Google News,
December 17, 2008, available at

http://www.usatoday.com/tech/science/2008-12-18-audio-aquarium_N.htm

3. W3C Creates WCAG 2.0 to Assist for Years to Come

The World Wide Web Consortium (W3C) created a new standard, known as Web
Content Accessibility Guidelines 2.0 (WCAG 2.0), in an effort to make all
parts of the Web more accessible. Through the Web Accessibility Initiative,
W3C created the WCAG 2.0 standard to help elderly people and people with
disabilities via input assistance, easier navigation, compatibility with
assistive technology, the ability to read captions with audio, and color
contrast. WCAG 2.0 has wide international support across disability organizations,
government, and industry.

Full Story:

Ian Jacobs, Marie-Claire Forgue, and Fumihiro Kato, W3C Web Standard Defines
Accessibility for Next Generation Web, W3C Press Release, available at

http://www.w3.org/2008/12/wcag20-pressrelease.html

D. HEALTHCARE / BENEFITS

1. Government Report Acknowledges Gulf War Syndrome

On November 17, 2008, the government's Research Advisory Committee on
Gulf War Veterans' Illnesses released a report concluding that almost
200,000 soldiers have Gulf War Syndrome. This is the first federal report
to acknowledge Gulf War Syndrome is valid and widespread, possibly affecting
as many as twenty-five percent of Gulf War veterans. The study found
the exposure to pesticides and the drug pyridostigmine bromide, used to protect
soldiers against nerve gas, as the main cause. However, exposure to nerve
agents, smoke from oil well fires, and vaccines further contribute to Gulf
War Syndrome. Previously, veterans with symptoms such as memory and concentration
problems, headaches, fatigue, pain, skin rashes, digestive problems, and
respiratory problems often received a diagnosis of mental illness and were
denied medical care and disability claims.

Full Story:

Chicago Tribune, Gulf War Illness Is Real, Government Says, November 20,
2008, available at

http://newsblogs.chicagotribune.com/triage/2008/11/gulf-war-illnes.html

2. Court Will Not Set Disability Benefit Deadlines

United States District Judge Reggie Walton refused to issue an injunction
in a dispute over delays in disability benefits by the Department of Veterans
Affairs (VA). Judge Walton stated Congress, not the courts, should address
whether the VA is handling claims in a timely fashion. Military groups
wanted the court to impose deadlines to process and settle medical claims
as a way of providing immediate assistance to veterans in need. The national
VA backlog is approaching one million claims.

Full Story:

Paul Courson, Judge Won't Intervene in Veteran Disability Dispute, CNN, December
17, 2008, available at

http://www.cnn.com/2008/US/12/17/veterans.dispute/index.html?iref=newssearch

More Info:

VVA & VMW Newsroom, The Lawsuit Update, December 17, 2008, available
at

http://www.veteransnewsroom.com/lawsuit/index.html

3. Programs for Seniors and Adults with Physical Disabilities Combined

New Jersey received approval to consolidate three Medicaid-supported service
programs into a single program, Global Options (GO) for Long Term Care. The
consolidation will improve access to a wider range of in-home, long-term support
services for a greater number of seniors and adults with physical disabilities
meeting the requirements established by Medicaid. Participants will
have the option to hire and direct their own service providers, giving participants
greater flexibility to modify their individual care plans as needs and preferences
change over time.

Full Story:

Medical News Today, It's A GO! New Jersey State Combines Medicaid Waivers
For Seniors & Adults With Physical Disabilities, January 5, 2009, available
at

http://www.medicalnewstoday.com/articles/134363.php

E. WORKFORCE

1. Creating Competition for Women with Disabilities
in the Workforce


When compared to men with and without disabilities, women with disabilities
have the highest unemployment rates and tend to experience poorer employment
outcomes. However, women are working in greater numbers today than ever
before, with the expectations that the numbers will continue to increase. To
continue this trend, increased opportunities for supported employment and customized
employment are crucial. Supported employment is competitive employment
in community businesses with individualized assistance from a job coach, and
customized placement strategies are negotiated relationships between employer
and employee focused on meeting the needs of both. Successful examples
of supported and customized employment include creating new jobs or job duties,
redistributing job duties from one position to another, and self-employment. Also
important to positive employment outcomes for women with disabilities is
the presence of an influential person or role model in their lives.

Full Story:

Wendy Parent, Thinking Outside the Box: Competitive Employment for Women with
Severe Disabilities, Impact, Summer/Fall 2008, available at

http://ici.umn.edu/products/impact/211/11.html

2. Nonprofit Abilities! Helping Individual with Disabilities Obtain
Employment


In 1952, five individuals with disabilities founded the nonprofit organization,
Abilities! dedicated to empowering people with disabilities. Abilities!
is the umbrella organization for the Henry Viscardi School (HVS) and Abilities
Inc., an accredited school serving children with severe disabilities and/or
rare illnesses in grades pre-kindergarten through 12. The school has
been very successful, with seventy percent of their graduates moving on to
pursue higher education. Abilities Inc. is also dedicated to increasing
the employment of workers with disabilities by providing training and placement
services to over 2,000 people per year. Services include career assessments,
skills training, and job placement. Abilities! looks to partner with
other businesses in Long Island in the near future and further demonstrating
people with disabilities make great employees.

Full Story:

Kenneth Cerini, Getting to Know Abilities!, Long Island Business News, January
2, 2009, available at

http://libn.com/blog/2009/01/02/getting-to-know-abilities/

F. INDEPENDENCE

1. Adaptive Cycling Center Adapts Bikes for Any
Disability


The Bike House, an adaptive bike shop in San Francisco, allows virtually
any would-be rider to drop in and use custom adaptive bikes. Greg Milano,
director of cycling at the Bay Area Outreach & Recreation Program Bike
House, has been able to adapt bikes to a wide variety of bodies and abilities
including adapting a bike for a woman born without arms. The Bike House
allows anyone to come in and use a bike for the day without organized group
activities. Milano has been able to create a bike for almost everyone
and hopes to develop a bike based on push-pull motion.

Full Story:

Scott Ostler, Berkeley Shop Adapts Bikes for Any Disability,
San Francisco Chronicle, November 27, 2008, available at

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/26/BAT114C8KE.DTL

2. Therapy or Service Animals?

A debate is emerging over the legal status of some unorthodox service animals.
Traditionally, dogs have served as guides for individuals with blindness;
however, today, the list includes miniature horses for persons with blindness,
a chimpanzee for a person with diabetes, and a wide range of psychiatric
service animals, including ducks, birds, and monkeys. The law distinguishes
between therapy and service animals. Therapy animals interact with humans
to provide therapeutic support. Service animals, however, receive specific
training to perform tasks their human is unable to perform because of disability
and have legal protection under the ADA (with an exception for animals that
pose a risk to public health). To address concerns that allowing such an
expanded range of service animals could increase chances for fraud, the Department
of Justice has submitted a proposal limiting service animal species.

Full Story:

Rebecca Skloot, Creature Comforts, The New York Times, December 31, 2008, available
at

http://www.nytimes.com/2009/01/04/magazine/04Creatures-t.html?emc=eta1

G. EMERGENCY RESPONSE / PREPAREDNESS

1. Using Transit to Assist Individuals with Disabilities
Evacuate


Transit systems could play a significant role in transporting individuals
with disabilities in times of emergency. Transit generally includes public
bus and rail systems, commuter rail, ferries, para-transit and demand responsive
transit. Evacuating people with disabilities by transit requires advance
planning, and working with nonprofit organizations and social service agencies
to identify groups needing assistance. Effective use of transit also
requires a targeted public information campaign, a sheltering strategy and
possibly mutual-aid agreements with other transit providers to meet surge
demands. For an effective evacuation, transit systems must be part of the
emergency management planning process and command structure and should have
real-time communications capability with local emergency managers, other
transit providers, their customers, and an ability to participate in annual
exercises.

Full Story:

The National Academies, Transit Systems Are Not Well Integrated into Local
Emergency Plans; Evacuation Planning for Special Needs Populations Inadequate,
July 22, 2008, available at

http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=07222008

2. Assessment Evaluated Long-Term Impacts after Hurricane Ike

After Hurricane Ike, the Department of Homeland Security Incident Management
Planning Team developed a mission assignment plan to support FEMA's long-term
recovery initiative, including a plan ensuring people with disabilities are
an integral part of the recovery process. An assessment presented to
FEMA evaluated long-term impacts related to the restoration of government
and non-government support services on which people with disabilities often
rely. The Special Needs Populations Impact Assessment Source Document discusses
the characteristics of people with disabilities in an impacted area, documents
the impacts of the disaster on these populations, recommends ways to address
the needs of people with disabilities during community recovery, and sets
forth strategies to engage people with disabilities in the recovery process.

The Special Needs Population Impact Assessment Source Document is available
at

http://www.disabilitypreparedness.gov/pdf/ike_snp.pdf

Full Story:

Hurricane Ike Community Recovery Impact Assessment, Department of Homeland
Security: Interagency Coordinating Council on Emergency Preparedness and
Individuals with Disabilities Newsletter, December 2008, available at

http://www.disabilitypreparedness.gov/

H. INTERNATIONAL

1. Bus Company Violates Own Wheelchair Policy; Woman
Denied Ride


In Whales, a bus driver denied a woman using a wheelchair entry to a bus
because the driver feared the battery in the electric wheelchair could explode. Although
a company-wide policy permits bus riders to bring aboard any wheelchair fitting
safely into the designated space, the driver denied access to Elaine Powell
and her 13-year-old son. Ms. Powell has used a wheelchair since having
a stroke nine years ago, and since then has attempted to work with organizations
to improve accessibility. She intends to pursue a legal remedy for the
discrimination. The bus company notes its investments made for accessibility
are ahead of government-mandated schedule and is investigating the incident
involving Ms. Powell.

Full Story: Wheelchair Woman Denied Bus Entry, BBC News, January 6, 2009,
available at

http://news.bbc.co.uk/2/hi/uk_news/wales/7814694.stm

2. UK Government Urged to Ratify UN Disability Treaty

The UK's Equality and Human Rights Commission (EHRC) has written four
UK government ministries, criticizing the government's failure by this time
to ratify the UN Convention on the Rights of Persons with Disabilities.
Ratification signifies a state's willingness to accept the legal obligations
arising under a convention, and to enact any legislation necessary to meet
the goals of the convention. The EHRC also alleges the government has failed
to consult with disability organizations as it moves toward ratification.
Furthermore, the government has proposed more "reservations" from the terms
of the treaty than all ratifying countries combined. The UK government
originally intended to ratify the treaty by the end of 2008, but the government
maintains it is their policy not to ratify any treaty until it is able to
comply fully with the terms of the treaty. One hundred thirty-seven countries
have signed the treaty and forty-four have ratified the treaty.

Full Story:

Geoff Adams-Spink, UK 'Must Ratify' Disability Pact, BBC News,
January 6, 2009, available at

http://news.bbc.co.uk/1/hi/uk/7813896.stm

3. Israel Launches First Accessible Nature Area

Access Israel, in cooperation with Coca-Cola Israel, has introduced the
first accessible nature area in Israel. The accessible park and picnic area
located at Afek National Park boasts wheelchair-accessible paths, accessible
parking, "adaptations for people with visual and walking disabilities," and
accessible tables and seating. Afek National Park is currently one of
Israel's most popular picnic areas. A spokesperson for Coca-Cola
Israel acknowledges the prevalence of the disability community in Israel and
expressed excitement at being involved in a project allowing persons with disabilities
equal enjoyment of public nature spaces. The company also is involved
in raising awareness about the "accessibility of leisure sites." A
spokesperson for Access Israel commended Coca-Cola Israel's participation
in the project and called on other businesses to take a role in improving
the accessibility of nature areas in Israel.

Full Story:

The First Accessible Nature Area in Israel, Access Israel News, January 2,
2009, available at

http://www.aisrael.org/Eng/Index.asp?ArticleID=157&CategoryID=60

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Note to readers: News article links may require free registration
for access, or may be active for a limited time before the respective news
services archive them. Archived items may also be available for a fee. Products
mentioned in this newsletter are for information only and do not constitute
an endorsement.


The Disability Law & Policy e-Newsletter is the collaborative
product of Editor-in-Chief David W. Klein, Ph.D., Executive Editor William
N. Myhill, M.Ed., J.D., Managing Editor Deepti Samant, M.S. (Rehab), M.S.
(ECE); and Associate Editors Janelle Frias, B.A., Lauren Chanatry, B.A.,
Shawna Castells, B.S., Aaron Gottlieb, B.A., Carly Pavlick, Amanda Bernasconi,
and Nicole Loring.



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