The President released a progress report on the New Freedom Initiative originally
announced in February of 2001. In an effort to integrate fully the 54
million individuals with disabilities in the United States, the New Freedom
Initiative focuses on four key areas: 1) Technology, 2) Educational Opportunities,
3) Integration into the Workforce, and 4) Full Access to Community Life.
While there have been many improvements, unemployment for people with
disabilities remains high and full integration into the workforce has
not been achieved. The progress report indicates the President promises to
keep the New Freedom Initiative a high priority and to seek new strategies
for full inclusion.

For More Information:
White House, The President's New Freedom Initiative: The 2007 Progress
Report (2007), available at

http://www.whitehouse.gov/infocus/newfreedom/newfreedom-report-2007-2.html

House Majority Leader Steny Hoyer introduced legislation on July 26 that
seeks to broaden the definition of "disability" as used in the
Americans with Disabilities Act. A comparable bill was introduced in
the Senate by Senator Harkin and colleagues. Both bills are referred
to as ADA Restoration Acts. Proponents say the legislation is a reasonable
legislative fix to the overly narrowed judicial interpretation of the law.
For instance, current interpretation excludes persons using mitigating measures,
including medications or hearing aids, from protection under the ADA. The bill,
in part, seeks to remedy this counterintuitive notion of disability by extending
ADA protection to persons with disabilities even when they seek treatments
or use assistive devices that might render them less than substantially limited
in a major life activity.

Full Story: Michael Sandler, Bill Seeks to Broaden Definition of Disability,
Justice for All, July 26, 2007, available at

http://www.jfanow.org/jfanow/index.php?mode=A&id=3362;&sort=D

For more information: Kim E. Musheno, Press Release, Association of University
Centers on Disabilities, ADA Restoration Act to Restore the Promise to
End Discrimination, July 26, 2007, available at

http://aucd.org/template/news.cfm?news_id=1433&id=16

The National Council on Disability released two reports on July 26, assessing
the impact of the ADA and identifying strengths and weaknesses of its
implementation to date. The first, "Impact of the Americans with Disabilities Act: Assessing
the Progress Toward Achieving the Goals of the ADA," assesses the ADA's
impact as a function of its four overarching goals (equality of opportunity,
full participation, independent living, and economic self-sufficiency)
and makes recommendations for overcoming existing barriers to achieving these
goals. The report indicated that of the four goals, economic self-sufficiency
requires the most improvement.

The second report, "Implementation of the ADA: Challenges, Best Practices,
and New Opportunities for Success," analyzes feedback from a variety
of ADA stakeholders to identify successful means of implementation, and those
that need improvement. The report notes that many people with disabilities
continue to experience discrimination, especially by small businesses and in
rural areas. The report provides suggestions for a public awareness campaign
to target these specific issues and recommendations to close gaps in ADA coverage.

For more information: Press Release, American Association of People with
Disabilities, NCD Says Americans with Disabilities Act Findings Encouraging
with More to Be Done, July 26, 2007, available at

http://www.aapd.com/News/adainthe/070727ncd.htm

To view the reports in their entirety, visit

http://www.ncd.gov/newsroom/publications/2007/publications.htm

The New York State Legislature enacted Bill S05476 into law on July 18, 2007.
The Bill, introduced by Senator LaValle, will amend education law by
creating a statewide advisory council relating to college instructional
materials. The council will consist of appointments, made by the governor
and others, representing college disability student support services,
the publishing community, and students with disabilities, amongst others. The
council will create guidelines effectively to meet the increasing demand for
accessible college textbooks and instructional materials for students with
disabilities. Such guidelines may include training, technical guidance, and
best practices.

For more information: S05476, 2007-2008 Regular Sessions, (N.Y. 2007), available
at

http://assembly.state.ny.us/leg/?bn=S05476&sh=t

Joshua Leonard, director of a San Francisco area nonprofit agency for foster
children, is suing the state of California for discriminating against
foster children with disabilities. According to the "completion rule," foster
children that are unable to complete their high school education by the
age of 18 but possess the ability to finish when they are 19 are granted
the foster care benefits of time and money to finish their schooling.
However, foster children with disabilities receiving special education
services do not qualify for the same benefits, leaving them emancipated
at age 18 without proper housing or education to care for themselves. Previous
cases, such as Fry v. Saenz, where the state was found in violation of
federal law, makes Leonard hopeful that his case will prevail in court.

Full Story: Editorial, The Incompletion Rule, S.F. Chronicle, Aug. 2, 2007,
available at

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/02/EDC3RB8A61.DTL

The iBOT is an Independent Mobility System designed by
Independence Technology. By climbing up and down stairs, raising the
seat to allow for eye contact, and traveling through difficult terrain
such as sand and pebbles, the iBOT has proven its ability to assist people
in ways that the common wheelchair cannot. Each iBOT must be calibrated to
the individual user's center of gravity. However, to purchase an iBOT individuals
must obtain a physician's clearance and meet certain requirements, including
weighing between 75 to 250 pounds, having the ability to use a hand-operated
joy stick, and successfully completing a training course.

For more information: Independence iBOT Mobility System, Frequently Asked
Questions (2007), available at

http://www.ibotnow.com/ibot/faq.html

Riverside Hospital in Northwest Washington, D.C., is a psychiatric hospital
for youths up to age twenty-one. After a 2007 report by University Legal
Services, identifying a series of instances of abuse and neglect, Mental
Health Department officials began to make weekly visits to the hospital.
In mid-July, the hospital ceased taking new patients requiring long-term
care because of a "renovation
initiative," which Riverside's lawyers reported had nothing to
do with the allegations.

One serious instance of neglect involved a 14-year-old girl who died after
she was not given important medical tests and her vital signs were not recorded.
She was transferred to a different hospital, although Riverside continued to
record that she was in her bed and they were checking in on her every half hour.
Director Stephen T. Baron of the Mental Health Department indicated that no
good reason has yet been found to decertify the hospital.

Full Story: Jenna Johnson, Youth Hospital Faulted for Abuse, Washington Post,
July 26, 2007, available at

http://www.washingtonpost.com/wp-dyn/content/article/2007/07/25/AR2007072502361.html?hpid=sec-health

Tyler Mills has been in jail at the Sauk County Law Enforcement Center since
his arrest in May 2006. Unusually, he sought to have his ten year sentence
for stealing credit cards, stealing cars, burglary, and having burglary
tools changed to the death penalty, apparently because he was tired of
feeling panicky and suicidal. A court denied his petition, and Mills
subsequently asked for the psychiatric medication and care necessary
for his mental illness. Allegedly, he has been provided medical care
but not appropriate psychiatric care. Inadequate county funding may be
a contributing factor. The situation of Tyler Mills is illustrative of
indications of increasing rates of mental illnesses in prisons, there
are not enough resources in the correctional system to meet mental health
needs.

Full Story:
Brian D. Bridgeford & Tim Damos, Inmate Seeks Treatment, Sauk County's
Daily Newspaper, July 26, 2007, available at

http://www.wiscnews.com/bnr/archives/ind...7/07/200463.php

The Delaware Psychiatric Center is undergoing investigations after a nurse,
Karen Stoppel, reported patient abuse in November, 2006. Stoppel reported
seeing five attendants force a patient with severe depression and borderline
personality disorder onto a cot with leather restraints, while forcing
a towel into the patient's mouth. Since then, there have been threats
towards Stoppel and other nurses who have reported patient abuse by attendants.

The Centers for Medicare and Medicaid Services have sent investigators to
observe patient care and decide whether federal funding should be stopped. In
addition, the Disability Law Program, a nonprofit organization designated by
the Governor to protect and advocate for individuals with disabilities, is currently
investigating other reported incidents of abuse. Members of Congress and local
law enforcement similarly are investigating alleged civil rights violations.

Full Story: Lee Williams, Scope of Abuse Probe Intensifies, News Journal
(Wilmington, Delaware), July 27, 2007, available at

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20070727/NEWS/707270328/-1/NEWS01

On June 17 a resident of the Communities at Oakwood, Kentucky's largest
facility for adults with intellectual and developmental disabilities,
was assaulted. The physical encounter left the resident with a shoe print
mark on the side of his face. This incident is the third citation in
two months against the facility. Although four staff members were fired
immediately following the incident, it is believed that facility managers failed
to investigate the incident properly. This latest citation could result
in Kentucky's loss of federal Medicaid funding.

Full Story:
Deborah Yetter, Oakwood Fires 4 After Latest Citation, Courier-Journal
(Louisville, Kentucky), July 24, 2007, available at

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070724/NEWS01/707240423/1008/rss01

Texas spends an average $110,000 annually on services for each child or adult
with an intellectual or developmental disability residing in a state
school. Many of these residents also are medically fragile or have psychiatric
impairments. Systemic financial abuse and neglect is suspected to play
a significant role in these costs. Moreover, underpaid or poorly trained employees,
and other poor working conditions may contribute to the abuse and neglect of
residents.

Documented problems have included residents being hit, kicked, and left unattended
when a high level of supervision was required. Texas lawmakers are planning
to give $48.8 million to the state schools but many disability advocates
disagree that money will improve conditions in the system. Instead, they
support moving residents with disabilities into smaller community-based
settings.

Full Story: Lisa Sandberg, Critics of Schools for Mentally Retarded Say System
Needs Help, San Antonio Express-News, July 25, 2007, available at

http://www.mysanantonio.com/news/metro/stories/MYSA072507.5B.state.schools.37827de.html

Each year there are an estimated 30,889 lost days of work resulting from
on-the-job neck injuries. Limitations may include walking, standing, bending,
sitting, lifting, and shifting, among others. The Job Accommodation Network
reports a clear need to accommodate neck limitations and believes it should
be done on a case by case basis. A personalized approach is recommended to
identify the individual's problematic job tasks and determine proper
accommodations. Not all individuals with neck injuries require specific or
the same work accommodations. Reasonable accommodations may include a personal
attendant, service animal, a more accessible facility, reduced or limited physical
exertion, and flexible work hours.

For more information:
Accommodating Workers with Neck Injuries, JAN E-News, 5(2), 2007, available
at

http://www.jan.wvu.edu/enews/2007/Enews-V5-I2.htm

Research has found that thirteen to fifteen percent of children require special
healthcare needs for an assortment of problems, resulting in physical,
developmental, behavioral, and/or emotional conditions. Half of these children have chronic
conditions that limit their ability to participate in the activities of their
peers without disabilities. As a result, they often require more attention
and time away from their parents, which can affect their parent's health
and workplace performance.

A recent study examined whether employers understood the needs of these families,
and to propose new ideas to assist employees beyond health insurance
benefits. Forty-one
employers were interviewed and five focus groups were formed consisting
of working parents from four U.S. cities. Results indicated that companies
saw potential positive outcomes in expanding benefits towards employees
that have children with chronic illnesses. Suggested strategies include
flexible spending accounts and leave policies, employee assistance programs,
work-life programs, childcare arrangements, and disease management programs.
While companies displayed less interest in enhancing health insurance benefits
for children with chronic conditions, they seemed willing to provide
other benefits to their employees. In particular, employers generally see the
potential for improved work-life through employee assistance programs, as evident
by the growing number and scope of these programs.

Full Story: James M. Perrin, et al., Benefits for Employees with Children
with Special Needs: Findings from the Collaborative Employee Benefit Study,
Health Affairs, 26(4), 2007, available at

http://content.healthaffairs.org/cgi/content/full/26/4/1096

(paid
subscription required for access)

At an event celebrating the seventeenth anniversary of the signing of the
ADA, the City of New Orleans signed a Project Civic Access agreement
(PCA) with the U.S. Department of Justice, Civil Rights Division (DOJ).
PCA is a DOJ initiative that sets out a plan to ensure Title II (state and
local government) entities provide persons with disabilities equal access to
and benefit from their programs and services. After the World Trade Center
attacks on September 11, 2001. PCA agreements have included a focus on emergency
preparedness for persons with disabilities. The agreement with New Orleans
was the most recent of 155 PCA's
signed with municipalities.

The City of New Orleans signed a PCA in 2002. The new agreement will ensure
that ongoing Post-Katrina rebuilding efforts take into consideration
the needs of persons with disabilities. DOJ will provide, at no cost
to the city, architectural consultants to assist with ADA compliance.
DOJ also agreed to provide technical assistance for rebuilding efforts,
including design review and ADA compliance training for architects, engineers,
and contractors.

For more information: Press Release, U.S. Department of Justice, Justice
Department Commemorates 17th ADA Anniversary by Signing Two New Project
Civic Access Agreements, July 26, 2007, available at

http://www.usdoj.gov/opa/pr/2007/July/07_crt_549%20%20.html

To view the agreement in its entirety: Department of Justice, Settlement
Agreement Between The United States of America and City of New Orleans, Louisiana
Under the Americans With Disabilities Act, July 26, 2007, available at

http://www.ada.gov/neworleanssa07.htm

Many elderly persons and others with disabilities in New York City have difficulty
getting from one place to the next. Companies like Access-A-Ride, a private
service with 1,700 vehicles and 15,000 weekly riders, aim to make commuting
a more manageable process for these individuals. However, the quality of Access-A-Ride
services has been criticized in recent years. Riders indicate there are excessive
waits, missed pick-ups, and no-shows by the service, overly complicated routes,
and a complex application process.

These issues inspired members of a local YMCA '60-Plus' program
to initiate a campaign to improve Access-A-Ride. The group hopes to produce
findings regarding Access-A-Ride services and present them to the company.
In contrast, the para-transit division of New York City that oversees Access-A-Ride
stated that Access-A-Ride has a 94 percent on-time performance. The company
also is equipping 12 vehicles with GPS systems to help drivers get to
their destinations more efficiently.

Full Story: Jennifer Bleyer, Elderly Road Rage over Transit for the Disabled,
N.Y. Times, July 22, 2007, available at

http://www.nytimes.com/2007/07/22/nyregion/thecity/22acce.html?e

In July, the Department of Justice released the seventh chapter in its 'ADA
Best Practices Toolkit,' focusing on informing state and local governments
how to protect their citizens with disabilities in disaster and emergency
situations under Title II of the ADA. Addendums provide Emergency Management
and Sheltering information with checklists to ensure proper procedures.

For more information: Department of Justice, ADA Best Practices Tool Kit
for State and Local Governments, July 26, 2007, available at

http://ada.gov/pcatoolkit/toolkitmain.htm

In Europe this July a new regulation concerning the rights of passengers
with disabilities took effect. The first wave of the new regulation prohibits
commercial airlines from refusing to fly individuals with disabilities on the
basis of their disability without a legal or legitimate safety justification.
The regulation also forbids levying extra charges for assisting people with
disabilities from the check-in station to the gate, and requires that airport
employees take "disability
awareness training." The next wave of regulations will take affect in
July 2008 and require, in part, that airlines allow some service animals
to accompany their owners on planes.

Full Story: Geoff Adams-Spink, Disabled on Airlines Gain Rights, BBC News,
July 26, 2007, available at

http://news.bbc.co.uk/2/hi/business/6914416.stm

To view the report in its entirety, use the following link:

http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_204/l_20420060726en00010009.pdf

In Romania, under communism people with intellectual disabilities were locked
away from society. Since democracy came to Romania seventeen years ago,
people with intellectual disabilities have sought greater inclusion in
society, however with little success. One organization, Pentru Voi, advocates
for greater inclusion by operating local day habilitation facilities
for 144 adults with intellectual disabilities in Timisoara. On June 27,
Peace Corps volunteer Jonathan Rolbin working with Pentru Voi began a
weekly walk around town with Pentru Voi's
consumers. Nike and Mercy Corps provided caps, backpacks, and T-Shirts
for the walkers, and members of the community without disabilities have
since joined the weekly walk promoting fitness and social inclusion.

Full Story: Jonathan Rolbin, Gaining Social Inclusion for Intellectual Disabilities,
Pentru Voi Fundatia, 2007, available at

http://www.inclusion-international.org/site_uploads/File/MC253_-_Romania_-_PR_Piece.pdf

The Social Market Foundation and the UK Disability Rights Commission released
the report "Disability, Skills and Work: Raising Our Ambitions," arguing
that by improving the skills of people with disabilities to "world class
levels" by the year 2020, the national economy would grow by £35
billion over the following 30 years, and by about £13 billion more immediately.
The report further suggests that increasing employment rates likely will
decrease child poverty. One in three children living below the poverty
level has a parent with a disability, and these families often rely on
government welfare benefits, another pressure on the economy. To accomplish
greater skill acquisition and enhanced employment rates, employers will
need to improve their ability to work effectively with people who have disabilities.

Full Story:
Press Release, Disability Agenda, Investing in Disabled People's Skills
Could Boost the Economy by £35 Billion, June 11, 2007, available at

http://www.disabilityagenda.org/news/press_releases/investing_in_disabled_people%e2%80%99s.aspx