The California Department of Education reached a settlement in early April to end a seven-year class action lawsuit against the Department. The litigation concerned California’s exit exam requirement for all graduating seniors, which includes those students enrolled in special education classes on a diploma track. Advocates for the exit exam requirement stressed the “exam lends meaning to a high school diploma,” while those opposed to the exit exam claim “the exam is a disaster for kids with disabilities.”

In 2006 and 2007, while the litigation was still ongoing, some graduating seniors in special education classes received an exemption from the exit exam. However, since the settlement has been reached, this year’s seniors will not receive the exemption. The settlement agreement provides state funded tutoring up to two years for those seniors in special education failing to pass the exam.

Full Story:
Nanette Asimov, Disabled Students Required to Pass Exit Exam, San Francisco Chronicle (April 2, 2008), available at
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2008/04/02/MNMRVTENI.DTL

A federal judge recently struck down a suit by the Arizona Attorney General requesting the installation of closed-captioning technology in Harkin’s movie theaters.  Reasoning the ADA was not violated because patrons with disabilities were not excluded from the place of public accommodation, the judge wrote, “[s]imply stated, equal access does not mean equal enjoyment.” Though some theaters offer closed captioning, the captioning is not of sufficient range, and there are no options available for the visually impaired. Thus, the Attorney General plans to appeal the decision to the Ninth Circuit Court of Appeals.

Full Story:
Howard Fisher, Arizona Disability Suit Against Harkins Struck Down, New York Times, (May 1, 2008), available at
http://www.azcentral.com/business/abg/articles/2008/05/01/20080501abg-theatersuit0501.html

On April 14, five travelers with disabilities sued the Wayne County Airport Authority in Michigan, which runs Metro Airport and Northwest Airlines, in a Detroit U.S. District Court. In the class action lawsuit, plaintiffs claimed the airport authority and the airline violated the Americans with Disabilities Act, the Air Carrier Access Act and the Rehabilitation Act by denying passengers with disabilities equal access to airport facilities and planes. Specifically, the lawsuit alleged that the airport authority and the airline failed to provide boarding assistance to the plaintiffs, damaged wheelchairs by tossing them in baggage storage, and failed to provide an area for seeing-eye dogs to relieve themselves. The plaintiffs are not seeking monetary damages, but instead compliance with federal law.

Full Story:
Jennifer Dixon, Metro Airport Ignoring Needs of Disabled, Lawsuit Says, Detroit Free Press (April 14, 2008), available at
http://www.freep.com/apps/pbcs.dll/article?AID=/20080414/NEWS02/80414030/1004

Although the Americans with Disabilities Act protects the rights of individuals “to be accompanied by their personal trained service animals . . . in any place of public accommodation,” Bradley Dallatore, a seven-year-old boy with autism, is not allowed to have his service dog Jiffy pick him up from school. The state gave Bradley’s parents $13,000 to purchase Jiffy to assist Bradley with his social skills and minimize his common outbursts. In an effort to maximize Bradley’s time with Jiffy, his mother brought the dog to school when picking Bradley up. Now the school is not permitting Jiffy to come to school, arguing they are protecting students with allergies to dog hair or who are afraid of Jiffy.

Full Story:
Pittsburgh Channel, Family of Autistic Boy Battle School over Service Animal (April 4, 2008), available at
http://www.thepittsburghchannel.com/news/15797604/detail.html

On April 22, the U.S. Department of Education proposed new regulations for Title I of the Elementary and Secondary Education Act (ESEA). The goal of the new regulations is to further develop and build upon state assessment and accountability systems of the No Child Left Behind Act, 2001. One such proposal incorporates the more recent IDEA definition of a highly qualified special education teacher into Title I of the Act. Secretary Spellings is seeking comments on the sixteen proposals throughout the month of May—a list of dates and locations can be found at
http://www.ed.gov/news/pressreleases/2008/04/04292008.html

Summary of Proposed Regulations:
U.S. Department of Education, No Child Left behind—2008, Ed.gov (April 29, 2008), available at
http://www.ed.gov/policy/elsec/reg/proposal/index.html

Two Congressmen, Representatives Edolphus Towns (New York) and Cliff Stearns (Florida) have introduced a bill requiring the Department of Transportation to create standards requiring hybrid cars to emit noises for pedestrians who are blind. The National Federation of the Blind endorses the bill, suggesting the cars should emit a warning signal. While there are no studies indicating persons who are blind are adversely affected by hybrids, the argument is that noise will provide warning to persons who are blind as well as runners, children, and cyclists.

Full Story:
Al’s Morning Meeting, Should Hybrid Cars Make Noise to Protect the Blind?, Poynter online (April 9, 2008), available at
http://www.poynter.org/column.asp?id=2&aid=141137

Telecare Assistive Technology has developed a set of showcase “flats” (i.e., apartments), which demonstrate an array of technology to assist the elderly in living independently.  The home comes complete with state-of-the-art aids, such as sensors to identify flooding and extreme temperatures.

Full Story:
David Searle, High-Tech Flat to Help the Elderly, Redditch Advertiser, April 21, 2008, available at
http://www.redditchadvertiser.co.uk/most...the_elderly.php

In an effort to increase the accessibility of Internet phone and video-related products to customers with disabilities, Congressman Edward Markey (Mass.) is drafting a bill called the 21st Century Communications and Video Accessibility Act. Current federal law requires all televisions with screens larger than 13 inches to provide closed-captioning options. However, since videos are now often transferred via wireless technology, this law is no longer sufficient.

The new bill, still under revision, would build upon steps taken last year by the Federal Communications Commission to make voice over Internet protocol providers compatible with hearing aids and telecommunications relay services. It would also require video-related gadgets to decode and display closed captions, make emergency notifications more available to persons who are blind and visually-impaired, and deliver video description services.

Opposition to the bill, particularly from representatives of wireless carriers and manufacturers, claims efforts are already underway to make products and services more accessible. Some believe that the bill would hinder rather than advance the disability rights movement.

Full Story:
Democrat Wants to Require Disability-Friendly Internet Phones, Video, CNET News.com (May 1, 2008), available at
http://www.news.com/8301-10784_3-9933597-7.html?tag=ne.fd.mnbc 

Whistleblowers have commenced lawsuits against major disability insurance companies, including Unum Group and Cigna, alleging the companies have required their customers to apply for Social Security benefits without first screening them to decide if the customers are likely to qualify. While supposedly common throughout the industry, the practice is placing an additional strain on the Social Security Administration (SSA). SSA is not involved in the suit. 

Requiring customers to first seek Social Security benefits allows insurance companies to cut costs by shifting the burden to the already-strained government program. Furthermore, since the SSA defines “disabled” more narrowly than insurers tend to, many of these “dubious” claims fail. Lawsuits cite the False Claims Act and contend insurance companies were aware of their fraudulent behavior. If the suits are successful, the Act would allow the government program to recover triple its damages.

Full Story: 
Mary Williams Walsh, Insurers faulted as Overloading Social Security, New York Times (April 1, 2008), available at
http://www.nytimes.com/2008/04/01/busine.../CIpB+u2CV3OMNQ

Seven Florida nursing home residents have filed a class-action lawsuit against the state seeking home-based care, rather than continued institutionalization. Lawyers for the state of Florida argue legislative action is a more appropriate way to address the situation, and cite concerns that new applicants would overwhelm the system. The plaintiffs, however, argue that increased focus on home-based care is cost-effective, and will promote independence and reduce stigma.

Full Story:
Stephen Nohlgren, Nursing Home Residents Sue for At-Home Care, St. Petersburg Times (April 1, 2008) available at
http://www.tampabay.com/news/aging/nursinghomes/article437580.ece

On May 1, Congress approved a bill prohibiting discrimination by health insurers and employers based on genetic information, and President Bush is expected to sign the bill.  Although the bill would prohibit health insurers from discriminating based on the results of genetic tests, it would allow insurers to urge consumers to take such tests as a means for determining the most effective coverage. Proponents of the bill argue it will result in greater privacy protections for consumers, and will encourage people to take advantage of genetic testing and research without fearing the information will be used against them.  Opponents cite concerns that the bill will be difficult to enforce, and may complicate routine practices.

Full Story: 
Amy Harmon, Congress Passes Bill to Ban Bias Based on Genes, New York Times (May 2, 2008), available at
http://www.nytimes.com/2008/05/02/health/policy/02gene.html?hp

Injured soldiers returning from Iraq and facing a multitude of challenges are now being given an opportunity to access new careers in the field of technology. The Walter Reed Equal Employment Opportunity Office has begun offering online classes to help prepare injured veterans for a career in information technology. WebEx is the program being used by the Office and allows them to train veterans while still in the hospital. With the use of a virtual classroom, training is now more accessible in both time and space.

Full Story:
CNNMoney.com, Cisco WebEx Helps Prepare Injured Soldiers for New Careers in Technology (April 14, 2008), available at
http://findarticles.com/p/articles/mi_pwwi/is_200804/ai_n25160107/pg_1

There are a growing number of aspiring actors and musicians with developmental disabilities and some are getting closer to stardom than ever before. The writer attributes Hollywood’s growing acceptance of actors with disabilities to California’s Lanterman Act passed in 1973 and updated in 1977. Because the Act granted state services and funding to persons with disabilities to help them live independent lives, they have become more integrated in society. As a result of society’s growing acceptance, people with disabilities are more frequently starring in movies and television shows.

According to the Media Access Office, “the state’s liaison between performers with disabilities and the media,” out of the 1,087 résumés submitted for work in 2001, 64 were hired for performing jobs. In 2002, 961 résumés were submitted and 166 were hired for performing jobs. These statistics arguably show there is a substantial increase in the number of actors with disabilities who are hired in Hollywood.   

Full Story:
Susan Brink, Hollywood’s Doors Opening for Actors with Disabilities, Los Angeles Times (April 7, 2008), available at
http://www.latimes.com/features/printedition/health/la-he-acting7apr07,0,2324032.story

People with an Autistic Spectrum Disorder (ASD) find it particularly difficult to enter the workforce. However, due to attributes such as focus, precision, and motivation found in many people with ASD, their usefulness in the workforce can be significant. With this in mind, Thorkil Sonne, father of a child with ASD and owner of Specialisterne, a commercial IT service located in Denmark, developed a way to use Lego Mindstorm robots to evaluate and train people with ASD to work in areas of business requiring the exact focus and precision people with ASD can provide. Thus far, people receiving the guidance of Specialisterne have acquired jobs with technical companies like Microsoft.

Full Story:

Cliff Saran, Specialisterne Finds a Place in Workforce for People with Autism, ComputerWeekly.com (February 2008), available at
http://www.computerweekly.com/Articles/2...people-with.htm

The U.S. Department of Transportation issued a new rule strengthening the Air Carrier Access Act (ACAA), originally enacted by Congress in 1986, which allowed people with disabilities the ability to fly to, from, and within the U.S. with greater ease and with more protections against discriminatory policies. The new rule takes effect in one year, and aims to make flight information and onboard amenities more available and accessible to passengers with vision and hearing impairments. The rule also addresses issues surrounding the use of medical oxygen by passengers with disabilities, which may require airlines to provide medical oxygen upon request, but this aspect is being offered for public comment.

Full Story:
DOT increases protections for air travelers with disabilities, Travel Daily News (May 9, 2008), available at
http://www.traveldailynews.com/pages/show_page/25723

Harriet McBryde Johnson, an attorney and author from Charleston, South Carolina, travels the country as an inspirational speaker and talks about the discrimination she has faced all her life as a result of her degenerative neuromuscular disease. Although the disability renders her unable to stand or to perform activities of daily living without assistance, she says she would not want to live her life in any other way. Ms. Johnson speaks to college students and other audiences around the country about her struggles with discrimination as she was growing up, which inspired her to become a civil rights attorney for people with disabilities.

Full Story:
Speaker Says Disability Is Not a Tragedy, La Crosse Tribune (April 14, 2008), available at
http://www.lacrossetribune.com/articles/2008/04/14/news/z04speaker14.txt

On April 16, 2008, the Association of State and Territorial Health Officials (ASTHO) and other partner groups released a set of recommendations on how to protect and prepare “at risk groups.” ASTHO defines this population as those likely to suffer the most from a pandemic, such as those with physical disabilities and those who are socially or geographically isolated. The recommendations went through a public comment phase during April and a final version of the recommendations is expected by May 31, 2008.

The guide consists of five chapters each focused on how to identify, work with, communicate, and educate “at risk groups.” Each chapter also contains a chart of tools and resources available, and mostly on the internet. One recommendation, for example, is to “consider the pros and cons of developing a community registry in which at-risk groups would describe the services and equipment they would need during a pandemic, and work with first responders to make sure the registry provides useful information.”

Full Story:
Robert Roos, Guidance Offered for Protecting Vulnerable Groups in Flu Pandemic, CIDRAP (April 16, 2008), available at
http://www.cidrap.umn.edu/cidrap/content/influenza/panflu/news/apr1608atrisk.html

The May edition of Chest, the medical journal of the American College of Chest Physicians, contains a supplemental report on who should receive life saving care in a mass casualty critical care event. Those suggested by the report to be denied treatment are: people over 85, severe trauma patients, people with severe mental disabilities—including advanced Alzheimer’s, and those with severe chronic disorders—including poorly controlled diabetes. James Bentley, Senior Vice President at American Hospital Association, acknowledged the usefulness of the report’s “battlefield approach of allocating limited health care resources to those most likely to survive,” but noted they might not follow all of the guidelines.

Full Story:
RedOrbit, Some may be Denied Treatment in Pandemic (May 5, 2008), available at
http://www.redorbit.com/news/health/1371497/some_may_be_denied_treatment_in_pandemic/

Supplemental Report Available for Download:
http://www.chestjournal.org/content/vol133/5_suppl/

In an effort to progress in the area of Emergency Management and People with Disabilities, the U.S. Department of Education recently released a guide to all federally funded and non-federally funded research projects. The list provides links to 20 research projects specifically in the area of emergency management with people with disabilities and indicates several gaps where further research is needed. The intent behind the guide is to foster a nationwide research agenda with the goal of finding strong evidence on how to ensure the safety and security of people with disabilities during an emergency. 
 
Full Report:
U.S. Department of Education, Emergency Management Research and People with Disabilities a Resource Guide (April 2008), available at
http://www.ed.gov/rschstat/research/pubs/guide-emergency-management-pwd.pdf

As part of a new plan to begin charging people with disabilities for once free disability-related equipment, the Australian government recently sent each affected individual an invoice, detailing what their fees would be. The government’s campaign was met with much opposition and criticism that people with disabilities would not be able to pay the fees. 

After considering the amount of money the plan would raise and the difficulties it would cause for those affected, the government has decided not to move forward.    

Full Story:
Disability Charging Plan Dropped, ABC News (April 22, 2008), available at
http://www.abc.net.au/news/stories/2008/04/22/2224000.htm

A new guide giving practical advice to pharmacists on how to accommodate people with disabilities has been released as part of a collaborative effort between the government and the Irish Pharmaceutical Union. The guide will enable pharmacies to provide better service to diverse people with disabilities. 

Full Story:
Maureen Gilbert, Accessibility for Customers with Disabilities in Community Pharmacies, The Equality Authority (April 22, 2008), available at
http://www.equality.ie/index.asp?locID=109&docID=719