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Volume 4, Issue 16, December 6, 2007
      #1569 - Thu Dec 06 2007 12:09 PM

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

December 6, 2007

Volume 4, Issue 16


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.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

A. CIVIL RIGHTS

1. University of Michigan's Football Stadium under Investigation
for ADA Violations


Threatened with losing tens of millions of dollars in federal financial
aid and grants awarded to students and faculty, the U.S. Department of
Education (DOE) demands that the University of Michigan at Ann Arbor comply
with the Americans with Disabilities Act. Over the past eight years, three
complaints were filed with DOE because of the University's 107,000
seat football stadium being unfriendly to wheelchair users. As a result,
DOE's Office for Civil Rights investigated the complaints and found
that the University offers 88 seats for people with disabilities, which
falls below the ADA's requirements. Additionally, they discovered
that over the past two decades, the University altered more than 90,000
seats without accounting for the needs of individuals with disabilities.


Full Story:

Brad Wolverton, Education Department Accuses U. of Michigan of Broad Violations
of Disabilities Law in Stadium Changes (October 31, 2007), available at

http://chronicle.com/daily/2007/10/557n.htm

2. Casa Grande Ruins National Monument Works toward ADA Compliance


Larry Stewart, the facility manager of Casa Grande Ruins National Monument
in Arizona, has been pushing for the monument's compliance with
the ADA since 2004. Because of his success, the National Parks Service
honored Mr. Stewart on November 1 with the 2007 Accessibility Achievement
Award. The monument is now equipped with ADA compliant concrete walkways
that connect to the visitor center, the administration building is equipped
with ADA compliant toilets, the visitor center and volunteer campground
now have accessible restrooms, and Mr. Stewart transformed a former stair-step platform
to an ADA-compliant viewing perch.

Full Story:

Brian Ahnmark, ADA Accolades for Casa Grande Ruins (November 13, 2007),
available at,

http://www.zwire.com/site/news.cfm?newsid=19020093&BRD=1817&PAG=461&dept_id=222071&rfi=6

B. EDUCATION

1. Iraq Veterans Find Help in New Disability Support Service Program


The Illinois Board of Higher Education has given a three-year grant of
$204,000 to create a support service program for veterans with service
related injuries at Southern Illinois University Carbondale (SIUC). The
program will be the first of its kind in Illinois to assist veterans "in
making the adjustments to postsecondary education through individualized
training." Additionally, the program offers career counseling, financial
aid, wellness services, lodging and travel expenses, recreational opportunities,
and "college credit for military training."

Full Story:

Landmark Program Assists Injured Iraq Veterans, News Wise (November 9,
2007), available at

http://www.newswise.com/articles/view/535304/

2. Special Education Programs in Seattle Needs Change

In a recently released consultant's report Seattle special education
programs have been called "outdated" and in serious need of
"revamping." The programs are more than a decade old and reportedly
are a hindrance to children's success. Some teachers and administrators
dealing with the issue argue that an inclusive education in classrooms
for all is unrealistic because of the wide range of needs of students.
The school district has sought the help of experts to examine the curriculum
and leadership, programs for at-risk students, bilingual services and
advance-learning programs.

Full Story:

Emily Heffter, Seattle Schools Urged to Overhaul Special Ed, Seattle Times
(November 9, 2007), available at

http://seattletimes.nwsource.com/html/education/2004003614_specialed09m.html

3. 'Universal Design for Learning' Growing in Popularity


Arising from the seven core principles of Universal Design--(1) Equitable
Use, (2) Flexibility in Use, (3) Simple, Intuitive Use, (4) Perceptible
Information, (5) Tolerance for Error, (6) Low Physical Effort, and (7)
Size and Space for Approach & Use--universal design for learning
(UDL) seeks to provide equal opportunity for the broadest range of abilities
in the classroom. Specifically, the focus of UDL is to apply these principles
in the development of curricula, instructional materials, the delivery
of instruction, and school programs and services, rather than modifying
materials and instruction on an as-needed basis. A coalition of education
groups has put together draft language to be considered in reauthorizing
the No Child Left Behind Act. Federal law currently requires state and
local education agencies to implement UD principles in developing and
administering assessments "to the extent feasible," to maintain
eligibility for IDEA funding.

Full Story:

Christina Samuels, 'Universal Design' Concept Pushed for Education,
Education Week (October 30, 2007), available at

http://www.edweek.org/ew/articles/2007/10/31/10udl.h27.html

See also: Frank G. Bowe, Universal Design in Education: Teaching Nontraditional
Students (2000).

Federal Law: 20 U.S.C.S § 1412(a)(16)(E) (2007).

C. TECHNOLOGY / TELECOMMUNICATIONS

1. Licensing Agreement Makes Technology Accessible to the Blind

A licensing agreement completed for the National Institute of Standards
and Technology will help make graphic reading systems more affordable
and accessible to persons who are blind or visually impaired. The technology
provides the ability to "view" computer graphics via 3,600
small pins that rise into patterns. This technology has the potential
for use in virtual reality and space suit gloves in addition to computer
graphics.

Full Story:

Technology News Daily, Graphic Reading Systems for the Blind Licensed,
Technology News Daily (October 26, 2007), available at

http://www.technologynewsdaily.com/node/8359


2. Voice Controlled Joystick Increases Accessibility for Persons
with Disabilities


The Vocal Joystick is a new technology that uses vocalizations to move
computer cursors. The Joystick detects sound at 100 times a second, and
translates them into movement on the computer screen. The software program
allows users to specify the sounds they want to associate with cursor
movements; sounds such as "ah", "oo", and "ee"
are capable of making the cursor move right, left, up, down, and the mouse
click. This technology could help people with disabilities surf the Internet,
draw, play video games, control an electronic wheelchair, or operate a
robotic arm.

Full Story:

Tracy Staedter, Joystick Takes Cues by Voice, Discovery Channel (October
19, 2007), available at

http://dsc.discovery.com/news/2007/10/19/joystick-voice-computer.html

3. Software Assists People with Disabilities Input Computer Text More
Rapidly


The University of Massachusetts has created an assistive technology program
to increase the speed at which people with disabilities can input text
into a computer. The program uses a combination of software, hardware,
and a new keyboard to achieve rapid text input. The software, eZiText,
uses one touch predictive text entry. In addition, the program uses a
different keyboard that has reduced keys. The University of Massachusetts
encourages people to contact them with requests for technological solutions
to help them improve their everyday activities.

Full Story:

Marketwire, Unique Keyboard Features eZiText Predictive Text Software
from Zi Corporation, Marketwire (October 29, 2007), available at

http://www.marketwire.com/mw/release.do?id=785731

D. HEALTHCARE AND BENEFITS

1. GAO Report Examines Fee Withholding in Social Security Claimant
Representation


Fee withholding is the process of paying attorneys fees directly out of
a claimant's benefits. The Social Security Protection Act of 2004
temporarily extended this practice to apply to attorneys and qualifying
non-attorneys in both Disability Income (DI) cases and Social Security
Income (SSI) cases. The Government Accountability Office (GAO) examined
this process, and determined that eligible non-attorneys had more experience
representing claimants than either attorneys or non-qualifying non-attorneys.
Claimants and judges seemed to be equally satisfied with the performance
of attorneys and qualifying non-attorneys. The GAO recommends that the
Social Security Administration monitor, and adjust if necessary, the eligibility
criteria for non-attorneys and assess the need to address problems of
overpayment.

Full Report:

Daniel Bertoni, Fee Payment Changes Show Promise, But Eligibility Criteria
and Representatives Overpayment Require Further Monitoring, Government
Accountability Office (October 2007), available at:

http://www.gao.gov/new.items/d085.pdf

Highlights available at:

http://www.gao.gov/docdblite/details.php?rptno=GAO-08-5

2. Department of Justice Launches Formal Inquiry to Address Allegations
Against Delaware Psychiatric Center


The Civil Rights division of the U.S. Department of Justice (DOJ) announced
November 9th that it will launch a formal inquiry to determine the merits
of allegations made against the Delaware Psychiatric Center (DPC). Allegations
include patient abuse, neglect, sexual assaults, and retaliation against
nurses who tried to expose the abuse. A full investigation may be launched
if the findings of the inquiry show merit to the allegations. Should a
full investigation reveal violations of the constitutional rights of patients
at DPC, the DOJ may require the state to make changes in the way it cares
for DPC patients. Delaware officials plan to cooperate with the inquiry
and remain confident in the Center's administration.

Full Story:

Lee Williams, Feds Tackle Complaints of Abuse at Delaware Psychiatric
Center, Delaware News Journal (November 10, 2007), available at

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20071110/NEWS/711100326/1006/NEWS

See also: Officials Withheld Findings of Patient Abuse, Disability Law
& Policy e-Newsletter, Volume 4, Issue 14, at D.2 (October 9, 2007),
available at

http://disability2.law.uiowa.edu/bbs/showthreaded.php/Cat/0/Number/1565/an/0/page/0#Post1565

3. Senate Committee Approves Bill to Improve Mental Health for Veterans

The Senate Veterans' Affairs Committee approved Bill S. 2162, the product
of a hearing on mental health care for veterans returning from Iraq and
Afghanistan. Congressional findings show that 23% of members of the armed
forces on active duty face significant problems with substance abuse.
Such abuse has a wide range of physical and mental effects; however, the
Department of Veterans Affairs has decreased its services for substance
use disorder treatment and rehabilitation. The bill, known as the "Mental
Health Improvements Act of 2007," seeks to readjust services
and other resources important for addressing the mental health needs of
veterans. The bill is partly a response to soldiers returning home from
current conflicts, but also seeks to strengthen support for veterans of
previous conflicts facing long-term care needs. The bill will now move
to the Senate for consideration.

Full Story:

Kawika Riley, Akaka Veterans' Mental Health Bill Approved by Committee,
Hawaii Reporter (November 14, 2006), available at

http://www.hawaiireporter.com/story.aspx?1a2948f6-f7f8-402d-bc75-33271f4ae3fa

E. WORKFORCE

1. Workshop for Executives with Disabilities

For the first time, UCLA's Anderson School of Management held a workshop
for executives with disabilities. The weeklong workshop included sessions
on "personal development, productivity skills and dealing with
stereotypes." Chair of the Burton Blatt Institute Dr. Peter Blanck
noted that the presence of executives with disabilities in companies leads
to a more tolerant culture within those companies.

Full Story:

Molly Selvin, Learning to Manage with a Disability, Los Angeles Times
(November 16, 2007), available at

http://www.latimes.com/business/la-fi-disable16nov16,1,3005470.story?track=rss

2. Mental Illness at Work

Mental illness causes lower employee productivity, higher turnover rates,
emergency room visits and violent behavior, and is a huge cost to companies.
According to Mental Health America of Colorado, "90 percent of adults
with a substance abuse or chemical dependence problem and 72 percent of
individuals with a mental illness are in the workforce." David Smith,
an attorney with the Mountain States Employers Council noted that employee
assistance programs may assist employees with mental illness to find "resources
for complex or troubling personal issues; modifying job duties to allow
employees to receive weekly counseling sessions or other treatment; and
providing transfer opportunity to a less stressful job." Colorado
has taken a step further by creating a law mandating "expanded coverage
for mental health" by employers with 50 or more employees, which
takes effect January 1, 2008.

Full Story:

Debbie Kelley, Mental Illness Costs Companies: Workshop Gives Tips for
Handling Trouble at Work, The Gazette (November 15, 2007), available at

http://www.gazette.com/articles/mental_29775___article.html/health_employers.html

3. Disclosing Disability

Deciding if and when to disclose a disability is a difficult decision to
make; however, two recent publications, attempt to make this decision
a little easier. The first publication, "The Art of Disclosing Your
Disability," asks and answers ten questions that develop a person's
skills to address disability during an interview. The questions range
from: "What are the benefits of me bringing up my disability in
an interview?" to "What if I want my counselor or job developer
to bring it up for me?" The second publication, "Disclosure
Decisions Guide: To Get the Job," is a fact sheet that takes the
person through three steps: 1) Choose how to disclose, 2) Decide when
to disclose, and 3) Determine the need for disclosure.

Guide:

Richard Pimentel, The Art of Disclosing Your Disability, Milt Wright &
Associates Inc. (November 2007), available at

http://www.miltwright.com/articles/ArtOfDisclosingYourDisability.pdf

Fact Sheet:

Virginia Commonwealth University, Disclosure Decisions Guide: To Get the
Job (n.d.), available at

http://www.worksupport.com/documents/disclosure_decisions.pdf

F. INDEPENDENCE

1. Creating Equal Opportunity in School Sports

Berkeley activist, Rick Spittler, has begun meeting with legislators, disability
rights activists, athletes, and coaches to create a law requiring elementary
and secondary public schools to offer track, wheelchair basketball, and
other sports for kids with disabilities. If successful, schools could
combine resources on a county/district level, and children could travel and
compete locally, having the same opportunities as their peers without
disabilities.

Full Story:

Carolyn Jones, Pushing for Disabled Kids to Have an Equal Shot at School
Sports, San Francisco Chronicle (November 5, 2007), available at

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/05/BAO9T5HTF.DTL

2. Aaron Scheidies: Triathlon Athlete

Aaron Scheidies is a blind triathlon athlete currently training in Dallas.
Scheidies participates in all legs of the triathlon with Ben Collins,
a training partner. Collins acts as Scheidies "seeing eye dog";
they ride a tandem bicycle for 40K, and swim 1.5K and run 10K tethered
together. Scheidies is noted as a top ranked triathlon athlete and following
his recent win is now noted as the first athlete with a disability to
finish an Olympic distance triathlon in less than two hours. Scheidies
finished just 14 minutes behind the first place winner placing him 40th
overall.

Story and Video:
UW Blind Triathlete Clearly Sees his Capabilities, Future, NWCN.com (November 16, 2007), available at

http://www.nwcn.com/statenews/washington/stories/NW_111607WABupbeat_blind_triathlete_LJ.cc4f6e1.html

G. EMERGENCY RESPONSE / PREPAREDNESS

1. Florida Disability Coordinator

Florida officials announced Chip Wilson as the first Disability Coordinator
for the State of Florida. Mr. Wilson will serve as a member of the state's
Emergency Management team, and has the charge of addressing the unique
needs of individuals with disabilities during times of disaster. Mr. Wilson
is a past president of ADA Consultants of Northeast Florida, which provides
training to business, education, government and privately owned entities
on the accessibility requirements of both the ADA and Florida disability
discrimination statutes.

Press Release:

The State of Florida: State Emergency Response Team, Florida Officials
Announce Chip Wilson as State Wide Disability Coordinator (November 5,
2007), available at

http://www.floridadisaster.org/eoc/eoc_Activations/Press06/Reports/Chip%20Wilson%20MR%2011-05-07.pdf

2. Ready.gov - Three Steps in Preparing for a Disaster

Ready.gov recently released a video that provides information to assist
individuals with disabilities prepare for disasters. The video includes
a three-step process: 1) making a kit, 2) making a plan, and 3) getting
informed. Things to remember when making a kit include a three-day supply
of food, medicines, and pet supplies for service animals. When making
your plan, have emergency contact numbers accessible, have a meeting location,
and create a personal support network of people who understand your capabilities
and needs. Getting informed further involves knowing how your transportation
services might be disrupted and what kinds of emergencies are likely to
happen where you live. Ready.gov provides state specific information and
offers related videos, such as for older Americans.

Video:

Ready America, Special Needs Instructional Video (October, 2007), available
at

http://www.ready.gov/america/about/instructional_index.html

H. INTERNATIONAL

1. “Wallace and Gromit” Ads Promote New Views of Disability
(United Kingdom)


Leonard Cheshire is launching an advertising campaign developed by Aardman
Animations, aimed at highlighting the disadvantages and discrimination
experienced by people with disabilities and promoting a new way of thinking
about disability. The campaign, entitled "Creature Discomforts"
and modeled after Aardman Animation's Creature Comforts series,
features six animated characters, each of whom has a disability and uses
a wheelchair, crutches, or a walking stick. All six of the characters
are voiced by a person with a disability.

The ads debuted on the radio, in newspapers and magazines, and on bus stops
on November 15, and will begin running on ITV in January. The ads also
can be viewed online.

Full Story:

Mark Sweney, Aardman Ads Challenge Views of Disability, Guardian Unlimited
(December 20, 2006), available at

http://www.guardian.co.uk/media/2007/nov/12/advertising.disability

View Ads Online:

http://www.creaturediscomforts.org/

2. Queensland University of Technology Defends "Laughing At the
Disabled" (Australia)


Two Queensland University of Technology (QUT) academics, who publicly spoke
out against a university-sponsored documentary, have now resigned. The
documentary entitled in part, "Laughing At the Disabled" (now
"Laughing With the Disabled"), reportedly seeks to put people
with disabilities in situations where they will be mocked for the purpose
of creating a "comedic" documentary.

After becoming aware of the documentary and learning that QUT's ethics
committee approved the documentary, Professors Gary MacLennan and John
Hookham decided to confront the school. The documentary was offensive
to the Professors, and created concern about the message QUT would be
sending to the world by supporting such a documentary. The professors
first expressed their concerns to the University; after QUT failed to
resolve the issue in an acceptable manner, the professors went to the
media. Consequently the Professors were suspended from QUT for going to
the media, and free speech advocates began supporting the film and speaking
out against the professors. As part of a confidential agreement with QUT,
the professors received $200,000 and were cleared of misconduct charges.

Full Story:

Guy Healy, Disability Row Academics Take Money and Walk, The Australian
(November 5, 2007), available at

http://www.theaustralian.news.com.au/story/0,25197,22702746-5006786,00.html

Globaldawning, Freedom of Speech Disabled at QUT, YouTube (May 23, 2007),
available at

http://www.youtube.com/watch?v=cEucGUEQFwA

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

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
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/


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