Parents of a child with autism filed suit against the support teacher, the
school district where she was employed, and other administrative staff,
alleging the teacher used aversive techniques to redirect their son's behavior.
Specifically, the Plaintiffs claim that the teacher struck and squeezed the
child's arms and legs, screamed in the child's face, stomped on
the child's insteps, and unlawfully restrained the child in a device called
a Rifton Chair. Plaintiffs' fourteen-count complaint alleged violations
of the U.S. Constitution, IDEA, and Pennsylvania Tort law.

A Pennsylvania federal district court granted the Defendants' motions
to dismiss the Plaintiffs' claim for negligence, as insufficient. Furthermore,
the school district was not liable for punitive damages, nor vicariously liable
for the teacher's actions because such abuse is outside the scope of her
employment. The court did not dismiss the Plaintiffs' claims for
assault, battery, and intentional infliction of emotional distress. The
Plaintiffs' failure to exhaust administrative remedies, as ordinarily
required by the IDEA, did not bar the lawsuit.

Full Court Opinion: Vicky M. v. Northwestern Educational Intermediate
Unit 19, 486 F.Supp.2d 437 (M.D. Pa. 2007).

The Disability Rights Legal Center (DRLC) filed a class action lawsuit against
the San Bernadino County Superior Court claiming a lack of access to
the courthouses in Redlands, San Bernadino, and Rancho Cucamonga. The original
Plaintiff, Ruthee Goldkorn, filed the lawsuit because of the difficulties she
faced when accessing and using the courtroom. "I have had to bang on glass doors and fight
my way up ramps. I have been caught in the lady's room without any way
out other than having a man open the door."

Four new plaintiffs, each of whom has experienced difficulty accessing and
using the courtrooms in their wheelchairs, have joined the lawsuit. One new
Plaintiff, an expert witness named Alfred Chinchester, has difficulty maneuvering
through the audience and around the courtroom and believes that the resultant
disruption adversely affects the court proceedings. The Plaintiffs ask for accommodations
such as larger parking spaces, and better access to the courthouse and courtroom.

For more information: Disability Rights Legal Center, DRLC Sues San Bernardino
County Courthouses, July 2007, available at

http://www.disabilityrightslegalcenter.org/news/CourthouseSuit.cfm

The Job Accommodation Network (JAN) introduced their new "Accommodation
and Compliance Series," which focuses on accommodating students with
disabilities. The growing population of students with disabilities sparked
this initiative. The series covers topics such as the different types of psychiatric
disabilities, current treatment, ways to assist those with psychiatric disabilities,
and current events. Specifically, the first issue addressed methods of accommodating
students with psychiatric disabilities in the college environment.

Full report: Kendra M. Duckworth & Suzanne Gosden Kitchen, Accommodation
and Compliance Series Higher Education Accommodations: Students with
Psychiatric Impairments, July 11, 2007, available at

http://www.jan.wvu.edu/media/HiEdStudentsPsych.html

The Education Advocacy Project (EAP) strives to ensure that students with
disabilities receive the services to which they are entitled under the
IDEA. The EAP recognizes that low-income and minority families of students
with disabilities may not have the time, tools, or skills necessary to
adequately advocate for their student. Consequently, the EAP provides
a variety of services to assist these families. These services include
representation or assistance at meetings and disciplinary proceedings.
The largely bilingual staff also offers workshops to teach advocacy skills
and can assist with attorney referrals. In addition, the EAP raises community
awareness concerning the need for assistance to low-income or minority
families of students with disabilities.



For more information: Disability Rights Legal Center, Education Advocacy
Project (2007), available at

http://www.disabilityrightslegalcenter.org/about/educationadvocacy.cfm

The Internet has become a valuable tool for persons with disabilities seeking
to further their civil rights or self-advocate. In her recent article,
Rachael Zubal-Ruggieri explores the rise of the Internet as an important
resource for persons with disabilities and discusses the various accommodations
that have expanded Internet accessibility. Zubal-Ruggieri found the Internet
allows users to increase their visibility on an international forum while
maintaining a degree of invisibility with respect to their disability.
She argues users can achieve a greater degree of independence when they
use the Internet to complete tasks, find information, meet people, and
share experiences.

Full report: Rachael Zubal-Ruggieri, Making Links, Making Connections: Internet
Resources for Self-Advocates and People With Developmental Disabilities,
Intellectual and Developmental Disabilities, June 2007, available at

http://www.aaidd.org/Reading_Room/pdf/IDDJune2007.pdf

The Tenth Annual Accessing Higher Ground Conference will be held November
6-9 at the University of Colorado-Boulder. This conference will focus
on the implementation and benefits of assistive technology in the university
and college setting for people with sensory, physical, and learning disabilities.
Throughout the four-day conference, individuals will have access to over
fifty informational sessions, including hands-on labs and lectures in
the accessible media and assistive technology fields. The National Braille
Association, the Association on Higher Education and Disability, and
the Institute on E-Text Production will present their own full-day sessions.



For more information: University at Colorado at Boulder, Tenth Annual Accessing
Higher Ground: Accessible Media, Web and Technology Conference for
Education, for Businesses, for Web and Media Designers, available at

http://www.colorado.edu/ATconference/

(last visited July 24, 2007).

The Center for Medicare and Medicaid Services will soon deliver the latest
healthcare information via email. Through their websites, individuals
will have the opportunity to receive updates on Medicare Coverage, Medicare
Guidance to providers, Open Door Forum announcements, press releases, prescription
drug coverage, nursing home quality, Medicare publications claims forms, and
much more. With a subscription, this free service promises individuals prompt
information updates right to their email inboxes.

For more information: Centers for Medicare & Medicaid Services (CMS),
New CMS Email Service Delivers Latest Healthcare Updates, July 10, 2007,
available at

http://www.medicare.gov/Subscription/default.asp

See also: U.S. Department of Health and Human Services, The Centers for Medicare
and Medicaid Services, available at

http://www.cms.hhs.gov

(last
visited July 24, 2007).

A recent study concluded that "when uninsured adults with chronic illnesses
became eligible for Medicare, they saw doctors more often and reported
greater medical expenses than people who had had insurance." This increase
in the use of health care among the previously uninsured population was
most prevalent among people with cardiovascular disease or diabetes.
The researchers believe that extending health coverage may be cost effective
because people will be more likely to visit the doctor and stay healthy to
prevent serious illness.

Full Story: Gina Kolata, Some Chronically Ill Adults Wait for Medicare, New
York Times, July 12, 2007, available at

http://www.nytimes.com/2007/07/12/us/12medicare.html?_r=1&oref=slogin

(free subscription required)

Senators Edward Kennedy and Tom Harkin along with Representatives John Dingell
and Frank Pallone have introduced the Community Living Assistance Services
and Supports (CLASS) Act of 2007. This Act strives to create an insurance
program for adults who become functionally disabled by providing them
with cash to take advantage of services and support groups. The CLASS
Act would allows individuals with disabilities to live independently
and above the poverty line while still receiving their required medical
services.

Full Story: Press Release, American Association of People with Disabilities,
Kennedy, Harkin, Dingell, Pallone Introduce Class Act, July 10, 2007,
available at

http://www.aapd.com/News/longtermcare/070710sek.htm

The Cancer Legal Resource Center (CLRC) offers free and confidential advice
on legal issues for individuals with cancer, family members, friends,
employers, and health care professionals. CLRC is a community-based joint
program of the Disability Rights Legal Center, located at the Loyola Law School.
CLRC offers a toll free number (866-THE-CLRC) where individuals can receive
information from volunteer attorneys and other professionals on cancer related
legal issues, such as concerns about taking time off for treatment, health
insurance, government benefits, estate planning, advance health care directives,
family law, and consumer assistance. CLRC also offers Cancer Rights Workshops
and other information to clarify potentially stressful and overwhelming legal
issues.

For more information: Disability Rights Legal Center, Cancer Legal Resource
Center, available at

http://www.disabilityrightslegalcenter.org/about/cancerlegalresource.cfm

(last visited July 24, 2007).

The Kaiser Family Foundation has initiated a new free website (health08.org)
to provide information about the important issue of healthcare in the
2008 election. The
website provides analysis of health policy issues, regular public opinion surveys,
and news and video coverage from the campaign trail. In addition, the
website will include original content produced by Kaiser and provide access
to health-related resources from the campaigns, other organizations, and news
outlets. The site will incorporate summaries of health reform proposals,
basic facts and information about the healthcare system, interviews with the
candidates, and track surveys on the public's and presidential candidates' views
on healthcare.

For more information: The Kaiser Family Foundation, Kaiser Family Foundation
Launches Health08.org, A Hub for Information about Health Care and the Presidential
Campaign, July 12, 2006, available at

http://www.kff.org/newsroom/health08071207nr.cfm

A Plaintiff filed suit alleging that her employer, Long Island Care at Home,
failed to pay minimum and overtime wages to which the Plaintiff was entitled
under the Fair Labor Standards Act (FLSA). The central issue was whether
companionship workers employed by a third party employer (other than the family
or household using the employee's services) were exempt from FLSA wage
standards under a Department of Labor (DOL) regulation. In its regulation,
the DOL distinguished between domestic service employees, who perform services
in the home of the person for whom s/he is employed, and companionship workers,
who are employed by a third party employer. While domestic service employees
are covered by FLSA wage standards, companionship workers are not. The
Supreme Court found this exemption valid and binding.

Full Court Opinion: Long Island Care at Home, Ltd. v. Coke, 127 S.Ct. 2339
(June 11, 2007).

The week of July 30 to August 4, 2007, will mark a dynamic gathering of more
than 200 young people who are blind. The National Federation of the
Blind Youth Slam is a four day science, technology, engineering, and
math Leadership Academy to be held at Johns Hopkins University in Baltimore,
MD. The leadership academy will help a younger generation of individuals
who are blind experience the vast world of career options in science.
Adults who are blind working in scientific disciplines will mentor the
youths as they undertake activities designed to stimulate their minds
and increase confidence.

Full Story: Press Release, National Federation of the Blind, Future Blind
Scientists Unite in Baltimore, July 23, 2007, available at

http://www.nfb.org/nfb/NewsBot.asp?MODE=VIEW&ID=200

Individuals with disabilities receive a majority of their long-term services
from unpaid caregivers. In the past, society has failed to recognize
the selfless actions of these individuals when discussing the cost of
long-term service and support. The AARP Public
Policy Institute examined the financial strain placed upon these caregivers
and the economic benefits they provide to society. In 2006, the economic
value of caregivers reached $350 million dollars. AARP scrutinized the
huge amounts of unpaid contributions and the productivity loss to U.S.
businesses from caregiving. Moreover, AARP stressed the important role
of caregivers in maintaining the nation's
long-term care system.

Full Report: Gibson, Mary J. & Ari N. Houser, Valuing the Invaluable:
A New Look at the Economic Value of Family Caregiving, AARP Issue Brief,
June 2007, available at

http://www.aarp.org/research/housing-mobility/caregiving/ib82_caregiving.html

Andrew J. Imparato, President and Chief Executive Officer of the American
Association of People with Disabilities (AAPD), testified at a July Senate
Committee hearing to highlight the immediate need for Medicare and Medicaid
reforms with respect to support and services for persons with disabilities.
He stressed the importance of long-term care to all Americans because disabilities
may be acquired at birth, through accident, injury, or illness, and as part
of the aging process. Such
a diverse population of persons with disabilities, he argued, demands
investment in a long-term care system that provides choice and control to the
population it serves.

Imparato further argued that the current Medicare and Medicaid systems continue
to provide inadequate and inefficient services, which perpetuate dependence,
low expectations, unnecessary institutionalization, and civil rights violations.
A number of bills, including the Community Choice Act, the Direct Support Professionals
Fairness and Security Act, and the Community Living Assistance Services and
Supports Act, indicate acknowledgement of a serious problem.

Full Testimony: Andrew J. Imparato, Community Services and Supports: Planning
Across Generations, July 10, 2007, available at

http://www.aapd.com/policies/downloads/ImparatoLTC.doc

The Technical Assistance Collaborative and the Consortium for Citizens with
Disabilities published their newest findings on the affordability of
accessible housing for individuals with disabilities. "Priced Out in 2006," indicates
that individuals whose only source of income is Supplemental Security
Income (SSI) are unable to afford housing. In 2006, SSI provided recipients
with only $632 per month even though the average monthly rent for a one-bedroom
unit was $715 per month. The report suggests few Americans are aware of the
housing crisis because many people with disabilities are currently living in
institutions or with aging parents. Furthermore, the need for accessible housing
is projected to grow as approximately 25,000 people with disabilities will
leave institutions in the coming years and many aging parents will become too
old to care for their adult children with disabilities. The report recommends
increasing subsidies to remedy this housing crisis.

Ann O'Hara, Emily Cooper, Andrew Zovistoski, & Jonathan Buttrick,
Priced Out in 2006: The Housing Crisis for People with Disabilities,
April, 2007, available at

http://www.tacinc.org/Docs/HH/PricedOutIn2006.pdf

On July 9, 2007, the Secretary of the U.S. Department of Housing and Urban
Development (HUD), Alphonso Jackson, wrote a letter to the Executive
Directors of all public housing authorities. The Secretary asked the
Executive Director to "submit to HUD by August 31, 2007, the details about
how [the] agency is implementing strategies to carry out the Money Follows
the Person legislation." The
Secretary recommended the Executive Directors utilize local agencies
and community-based organizations that serve people with disabilities
in this process. The Secretary will be traveling the country and would
like to discuss the work being done by each of the Directors to provide seniors
and people with disabilities with greater housing choices.

For more information: AAPD, HUD Secretary Asks Housing Authorities for MFP
Update, July 12, 2007, available at

http://www.aapd.com/News/housing/070716sg.htm

To view the letter: Alphonso Jackson, U.S. Department of Housing and Urban
Development, July 9, 2007, available at

http://www.hud.gov/offices/fheo/disabilities/MFP-RebalancingMemo.PDF

Robert Schalock, James Gardner and Valerie Bradley have written a book that
offers individuals with intellectual disabilities tools for an improved
quality of life within their communities and organizations. "Quality
of Life for People with Intellectual and Other Developmental Disabilities" offers
service providers and policy makers with "a quality assessment and improvement
methodology grounded in person-centered needs and outcomes." The book
also includes a review of the federal government's new and comprehensive
quality improvement/assurance expectations in home and community based
services, and examples of state efforts and results.

For more information on "Quality of Life for People with Intellectual
and Other Developmental Disabilities," visit the AAIDD Bookstore
online:

https://bookstore.aaidd.org/BookDetail.aspx?bid=64

Qatar signed the UN Convention on the Rights of Persons with Disability on
July 9, 2007, becoming the hundredth country to do so. The UN also announced
that 55 countries have signed the Optional Protocol to the Convention, which
will permit individuals and groups to petition the Committee on the Rights of
Persons with Disabilities (still to be formed) if all national procedures for
recourse have been exhausted. Only Jamaica has ratified the Convention to date,
which requires 19 more ratifications to come into force.

Justice for All, UN Assembly Reaches Milestone in Signatures, July 13, 2007,
available at

http://www.jfanow.org/jfanow/index.php?mode=A&id=3346;&sort=D

UK's Disability Rights Commission (DRC) is emphasizing the role of communities
in pursuit of its disability agenda. The DRC believes that creating "prosperous
and cohesive communities," which address the specific challenges that
people with disabilities face in living and participating in their local communities,
will allow people with disabilities to participate and be viewed as equal citizens. According
to the DRC chairperson, Sir Bert Massie, an inclusive community should
have appropriate housing, opportunities for empowerment, community and civic
participation, and freedom from violence and harassment. Recently, the DRC
initiated conversations with house builders and the Government to increase
mutually beneficial accessible housing.

Sir Bert Massie, The Disability Agenda, Creating an Alternative Future for
Our Communities, July 2007, available at

http://www.disabilityagenda.org/discussion/comment/communities_alternative_future.aspx