Dave Klein
Experienced Member
Reged: Feb 17 2002
Posts: 182
Loc: Iowa
|
|

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
September 21, 2007
Volume 4, Issue 13
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. INTERNATIONAL: News for and about disability topics outside the U.S.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
A. CIVIL RIGHTS
1. Entrepreneurship Bootcamp
At Syracuse University, the Whitman School of Management offers a free training program for veterans disabled during service in Iraq and Afghanistan, entitled the "Entrepreneurship Bootcamp for Veterans with Disabilities." The program consists of a two week self study course and a nine day boot camp at Syracuse University designed to teach participants how to write a business plan, raise capital, attract customers, market their business, and determine the necessity of hiring employees. Entrepreneurship can be an effective way for persons with disabilities to return to work, and because many vets with disabilities find it difficult to secure employment, this program provides one answer to their employment needs.
Vets wanting to participate in this program must fill out an application similar to that of a college application and are chosen on a rolling basis. The Whitman School will run two boot camps a year completely free to participants, including travel, lodging, and meals.
Full Story:
William Kates, Entrepreneurial Lessons Offered to Disabled Vets, USA Today, August 2007, available at
http://www.usatoday.com/money/smallbusiness/2007-08-26-vetentrepreneurs_N.htm
Application available at: Syracuse University's Whitman School of Management http://whitman.syr.edu/eee/veterans/index.html
2. New York State Initiatives
a. New Legislation Makes ADA Discrimination Suits Easier in New York
On September 13, 2007, New York Governor Eliot Spitzer signed legislation that will bring New York State in alignment with the existing Americans with Disabilities Act (ADA). The legislation will make it easier for individuals with disabilities to seek relief when public facilities fail to reasonably accommodate them. Effective January 1, 2008, this statute will make discriminatory refusals to provide reasonable accommodations, take steps to ensure that no individual with a disability is excluded or denied services because of his or her disability, and remove structural or communication barriers in existing facilities, a discriminatory practice under New York State law.
One benefit of this legislation is that, rather than pursuing costly litigation in federal court for discriminatory practices, the new law will allow people with disabilities to file some complaints through the State Division of Human Rights.
Full Story:
Sheila M. Carrey, Governor Spitzer Signs Legislation Increasing Rights for People with Disabilities, New York State E-Bulletin Developmental Disabilities Planning Council, September 2007, available at
http://ebulletin.us/archive/2007/september/09_07_spitzer_signs_leg.php
b. Person-First Language Legislated in New York
On August 1, 2007, Governor Spitzer signed the Person First bill, which requires the use of person-first language when describing or referring to people with disabilities in all new and revised statutes, local laws, ordinances, charters or regulations, legal documents, and any publication released by the state. Effective immediately, language such as "the mentally ill," "the epileptics," "confined to a wheel chair," or "suffering from multiple sclerosis," must be replaced with person-first language exemplified in the text of the bill as: "individuals with mental illness," "individuals with epilepsy," and "individuals with disabilities." This bill was previously approved by the New York State Assembly and Senate, but vetoed by former Governor Pataki.
Full Story:
Sheila M. Carrey, Governor Spitzer Signs Person First Legislation, New York State E-Bulletin Developmental Disabilities Planning Council, August 2007, available at
http://ebulletin.us/archive/2007/september/09_07_spitzer_signs_per_first_leg.php
Examples of person-first language:
http://www.workforcenewyork.com/peoplefirst.htm
3. ADAPT Works to Close the Lincoln Developmental Center
On September 12, ADAPT announced the successful efforts of 500 activists who flooded and barricaded Illinois' Thompson Center state office building in Chicago. The activists blocked all exits, entries, elevators, and escalators for six hours. When pedestrian pathways opened up, some even threw themselves from their wheelchairs so as to block the walkways with their bodies. The activists demanded that Illinois Governor Rod Blagojevich permanently shut down the state's Lincoln Developmental Center (LDC), a nursing home for individuals with disabilities. After their demonstration, Governor Blagojevich was convinced. On camera, he promised not to re-open the LDC and also agreed to meet with ADAPT before October 17, 2007, to discuss their additional requests. Governor Blagojevich promised ADAPT a seat at the table when operational protocols will be developed for the Illinois Money Follows the Person Demonstration Program.
Full Story:
Press Release, ADAPT, ADAPT Closes Institution, Scores Seat at MFP Table and Meeting with Governor, September 12, 2007, available at
http://www.adapt.org/freeourpeople/aar/chicago/news05.htm
B. EDUCATION
1. Plan to Codify Rules Adopted to Ease Testing of Students with Disabilities
Special education advocacy groups had mixed reactions to the draft for the reauthorization in the No Child Left Behind Act. The new "staff discussion draft" would codify policies that had been put into place as regulations. Children with disabilities need high expectations but also need an "element of realism" in the way they are educated and tested. The problem here arises in the flexibility this new draft creates for special education students.
Full Story:
Christina A. Samuels, Plan Would Codify Several Rules Adopted to Ease Testing of Students With Disabilities, Education Week, Vol. 27, Issue 02, Page 20, August 31, 2007, available at
http://www.edweek.org/ew/articles/2007/09/05/02miller-speced.h27.html
2. Virginia Tech Unaware of Gunman's Disability
Authorities recently discovered that the gunman involved in the Virginia Tech shootings suffered from an anxiety disorder called "selective mutism." Selective mutism is an emotional disability that rendered Seung Hui Cho unable to speak in social settings, and in his case was a symptom of a larger social anxiety disorder. Due to the severity of this disorder, Cho received special education services in the Fairfax, Virginia, school system. However, Virginia Tech was unaware of this history because federal privacy and disability laws prohibited the Fairfax school system from sharing this information with Virginia Tech. The only way Virginia Tech could have found out about Cho's disorder would have been if he or his parents sought a continuation of the help he received in the Fairfax school system.
Full Report:
Brigid Schulte & Tim Craig, Va. Tech Never Knew of Gunman's Disability: Cho Suffered Severe Anxiety in High School, Chicago Tribune, September 10, 2007, available at
http://www.chicagotribune.com/news/nationworld/chi-cho_27aug27,1,4777398.story
3. Inclusive Schools Week, December 3-7, 2007
December 3-7 marks the seventh annual celebration of Inclusive Schools Week. A celebration kit is available that aids in creating celebration ideas and lesson plans for this week. Also, there are publications that attest to the benefits of inclusion and materials that promote inclusion in schools and communities.
For more information:
http://www.inclusiveschools.org/kit.asp
C. TECHNOLOGY
1. AT&T Increases Technology Resources to People with Disabilities
The AT&T Foundation, AT&T's philanthropic organization, has given $20,000 to the East Tennessee Technology Access Center, Inc., (ETTAC) to improve technology access to people with disabilities. The grant will help upgrade technology services and capacity at ETTAC's Knoxville-area community technology center. ETTAC hopes to accomplish this by increasing the capacity of community-based computer labs located in low income and inner city areas to serve people of varying physical, cognitive, and learning abilities. This grant is part of AT&T's $100 million philanthropic initiative to provide technology access to underserved areas.
Full Story:
CNNmoney.com, AT&T Supports ETTAC With $20,000 Grant to Provide Technology Resources to People with Disabilities, September 13, 2007, available at
http://money.cnn.com/news/newsfeeds/articles/prnewswire/AQTH10013092007-1.htm
2. IBM and Bell Canada Make Advances in Providing Technology for All
Because of the aging population in Canada, Bell Canada has adopted a proactive policy of developing new technology to assist people with disabilities. The company plans to achieve this by connecting with advocacy groups and instituting companywide inclusion policies. IBM also has made a commitment to a similar goal by creating inclusive policies for web-based software. IBM plans to make the demand for web content mesh with adaptive technologies through W3C's open standard Accessible Rich Internet Applications (ARIA) specifications. ARIA's development may enable browsers such as Firefox and search engines such as Google, to have an accessibility "mandate" on everything that a searcher pulls up, demanding websites to be more inclusive.
Full story:
Briony Smith, IBM, Bell Canada Offer Assistive IT Technologies, IT World Canada, September 13, 2007, available at
http://www.itworldcanada.com/a/News/be0d4320-49f1-47df-9c65-6a5de79e3022.html
D. HEALTHCARE / BENEFITS
1. Bipolar Diagnoses Significantly Increase for Youth
Researchers have found a striking increase in the diagnoses of bipolar disorder in children and adolescents. A New York Times article reports that the number of young people treated for bipolar disorder has jumped forty times from 1994 to 2003, and is likely to continue rising. Experts suggest that this increase is a result of more aggressive diagnosing rather than an actual increase in the incidence, and note that many children who qualify for the diagnosis do not develop features of adult bipolar disorder. Some families indicate that increased awareness allows children with bipolar disorder to access the help they need. Other experts are concerned that over-diagnosis may affect the validity of the diagnosis and unnecessarily introduce children to powerful psychiatric drugs.
Full Story:
Benedict Carey, Bipolar Illness Soars as a Diagnosis for the Young, New York Times, September 7, 2007, available at
http://www.nytimes.com/2007/09/04/health/04psych.html?ex=1189828800&en=ce1482283233969f&ei=5070
2. CMS Proposes Cuts to School Medicaid Funding
Centers for Medicare and Medicaid Services (CMS) officials announced a proposal on August 31st to stop reimbursements to schools for some services provided to Medicaid-eligible students. The proposed cuts would affect funding covering administrative costs and costs of transporting school-aged children between home and school. Federal officials say the plan could save Medicaid up to $635 million during the 2008-2009 school year and is part of an effort to ensure that Medicaid is not burdened with costs that should be the responsibility of other agencies. Experts also cite instances of fraud at the state and local levels from poor CMS oversight. Schools are legally obligated to provide certain services to students with disabilities, so the proposed cuts amount to burden-shifting for many school districts. Districts have 60 days to comment on the proposal.
Full Story:
Christina A. Samuels, U.S. Proposes to Trim School Medicaid Funding, Education Week, September 7, 2007, available at
http://www.edweek.org/ew/articles/2007/09/12/03medicaid.h27.html
3. Class Action Status Granted in Suit against Unum Group
A federal district court in Tennessee granted class-action status to a suit against Unum Group, the nation's largest disability insurer. Plaintiffs claim that Unum wrongfully terminated or denied claims of thousands of Americans, and seek declaratory and injunctive relief. A 2004 agreement between insurance regulators and Unum Group required Unum to reconsider approximately 200,000 claims and pay a $15 million fee. Unum says that about 30 percent of initial decisions for the readdressed claims have been changed. The pending suit predates the 2004 agreement, which Unum contends has so far been effective.
Full Story:
Bill Poovey, Federal Judge OKs Class Action Status for Suit Against Unum Group, Associated Press, September 5, 2007, available at
http://www.boston.com/news/local/maine/a...nst_unum_group/
E. WORKFORCE
1. GAO Report - Discussing the Future of Federal Disability Policy
In August, the General Accounting Office (GAO) convened a forum of experts to discuss ways to bring federal disability policy in line with modern economic, medical, and social changes. By focusing on three central themes: 1) what is working and what needs improvement, 2) strengthening partnerships and coordination, and 3) modernizing measures of success, the forum members discovered key ideas for modernizing federal disability policy. One suggestion brought to light is the need to evaluate work incentives and disincentives. Forum members indicated this is a critical time for the federal government to take the lead with regulatory or legislative actions.
Full Report:
Disability Policy Forum, Modernizing Federal Disability Policy, Government Accounting Office, August 2007, available at
http://www.gao.gov/new.items/d07934sp.pdf
2. Demonstration to Maintain Independence and Employment Grant
The Demonstration to Maintain Independence and Employment (DMIE) is a grant program funded by the Centers for Medicare and Medicaid Services. DMIE seeks to answer the question: Can the need for future disability benefits be delayed or removed if working adults with potentially disabling conditions are provided with a comprehensive healthcare and employment package?
To answer the question DMIE has teamed up with four states trying new approaches aimed at better access to healthcare and employment services. Each of the four states--Kansas, Minnesota, Texas and Hawaii--target different groups of people with a variety of conditions including mental illness and diabetes. The states are working in three main areas: 1) enhanced healthcare coverage, 2) employment-related support, and 3) case management.
Full Report:
Gilbert W. Gimm & Bob Weathers, What is the Demonstration to Maintain Independence and Employment (DMIE) and Who is Participating?, Working with Disability work and Insurance in Brief, No. 6, August 2007, available at
http://mathematica-mpr.com/publications/PDFs/WWDdemonstration.pdf
3. Customized Employment
Customized Employment (CE) is a hiring process that has benefited many people with disabilities. According to the U.S. Department of Labor, CE allows employers and applicants to help each other throughout the negotiation process by recognizing the goals of the business and the needs of the applicant. The process begins with the job seeker, who meets with an employment professional, and together they develop a plan for job seeking. The plan centers on the strengths, needs, and interests of the job seeker. The employment professional then contacts the business and starts the negotiation process, focusing on the duties and terms of employment along with the expectations and needs of the applicant. CE is successful because the focus is on one job and one job seeker at a time, allowing both the business and the applicant to achieve their individual goals.
Full Story:
Christopher Button, Customized Employment: A New Competitive Edge, U.S. Department of Labor Office of Disability Employment Policy, September 2007, available at
http://www.dol.gov/odepalliances/ce.htm
F. INDEPENDENCE
1. Accessible Trails Open for People with Disabilities
Vermont opened its third wheelchair accessible trail this summer, and works to create other accessible trails are underway. The National Parks Service program will add an online resource identifying these trails and their related accessible activities. This website, created by the National Park Service, will launch this month.
Full Story:
David Gram, Accessible Trails Open for People with Disabilities, Mail Tribune, August 26, 2007, available at
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20070826/LIFE/708260321
2. When Accessibility Isn't Hospitality
Frank Bruni explored the challenges faced by users of wheelchairs when dining out, and found stairs, blocked service entrances, cramped elevators, and non-accessible restrooms. The article includes a list of accessible restaurants in the New York City area.
Full Article:
Frank Bruni, When Accessibility isn't Hospitality, New York Times, September 12, 2007, available at
http://www.nytimes.com/2007/09/12/dining...260800&emc=eta1
G. INTERNATIONAL
1. Thailand Passes Legislation Aimed at Protecting Rights of People with Disabilities
A bill passed this August by Thailand's National Legislative Assembly (NLA) is expected to improve accessibility and pave the way for more employment opportunities for people with disabilities. The law, which will take effect next year, requires employers to hire persons with disabilities and make contributions to a fund for people with disabilities or face fines and potential seizure of their assets. The legislation provides tax incentives for companies where more than sixty percent of the employees have disabilities. Tax incentives also are available for accessible transport service operators and for building owners who provide facilities to persons with disabilities. This legislation comes one year after the country signed the United Nations Convention on the Rights of Persons with Disabilities.
Full Story:
Disabled Rights Bill Sails through NLA, Bangkok Post, August 30, 2007, available at
http://teakdoor.com/thailand-news/17763-thailands-disabled-rights-bill-sails-through.html
2. Nigeria Approves Policy to Prevent HIV/AIDS Discrimination in the Workplace
New legislation approved by the Federal Government in Nigeria will assure equality in the workplace for people living with HIV/AIDS. The legislation will protect employees and job seekers against stigma, discrimination, and exclusion. Under the legislation, employees do not have an obligation to reveal their HIV/AIDS status to their employer, and cannot be denied access to statutory benefits and employment-related welfare programs. Further, all employees living with HIV/AIDS will be able to access health insurance. The legislation also states that HIV testing cannot be required of employees or job applicants, or made a condition for access to health insurance.
Full Story:
Nigeria: FG Approves National Workplace Policy On HIV/Aids, allAfrica.com , September 10, 2007, available at
http://allafrica.com/stories/200709100993.html
3. Access Denied: Walkway Would Be an Eyesore
Symonds Yat Rock, a famous view point in England's Forest of Dean, will remain inaccessible to people with disabilities after the plan for an elevated walkway was rejected. England's Forestry Commission proposed the sixty-meter-long walkway in an effort to enable access to the famous view point, but the plan was rejected by the Planning Committee as an "eyesore." The Forestry Commission will now return to the drawing board in an attempt to meet the Planning Committee's concerns while improving accessibility.
Full Story:
Disabled Walkway Would Spoil Area, BBC News, September 12, 2007, available at
http://news.bbc.co.uk/2/hi/uk_news/england/gloucestershire/6990601.stm
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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., M.S.; Associate Editors Lauren Chanatry, B.A., Roufeda Ebrahim, B.A., Janelle Frias, B.A., Carrie Auringer, B.S.; and Staff Writers Amanda Bernasconi, Alyssa Gilberti, and Anjana Thimmaiah.
http://disability.law.uiowa.edu/
To subscribe to this free e-newsletter, go to http://disability.law.uiowa.edu/lhpdc/publications/news.html and subscribe to the "Disability Law & Policy e-Newsletter."
The e-Newsletter is archived at http://disability2.law.uiowa.edu/
|
|