A federal appeals court recently upheld a Washington, D.C., policy that allows
city officials, acting in the best interest of adults with mental disabilities,
to authorize consent for their undergoing elective surgical procedures.
The policy applies to individuals who (a) have never been capable of making
and communicating medical decisions and (b) are receiving services under the
Mental Retardation and Developmental Disabilities Administration, also known
as the Department of Disability Services. The policy takes effect in the absence
of a guardian, family member, or friend who might otherwise authorize consent
for medical procedures.

Plaintiffs contended that the policy violates Washington, D.C., law and
the Due Process clause of the U.S. Constitution because the agency did not
attempt to ascertain the known wishes of the patients before conducting
its "best
interest" analysis. The court held that the appropriate standard is
not one that seeks to ascertain the wishes of the patient, but one that analyzes
the best interest of the patient. "Because plaintiffs have never been
able to make informed choices regarding their medical treatment, their
true wishes with respect to a recommended surgery are unknown and cannot
be ascertained. Therefore, the District of Columbia is correct that the best
interest standard applies to the class of plaintiffs in this case."

For more information: American Association of People with Disabilities, Federal
Appeals Court Upholds Scheme for Elective Surgeries on Mentally Disabled,
AAPD News, June 19, 2007, available at

http://www.aapd.com/News/courtdecisions/070619bna.htm.

Court opinion: Doe ex rel. v. District of Colombia, No. 05-7190
(D.C. Cir. June 12, 2007), available at

http://op.bna.com/hl.nsf/id/psts-74armw/$File/doe.pdf

The City of Reading attempted to stop New Directions Treatment Services (NDTS),
a program that supplies methadone to heroin addicts throughout Pennsylvania,
from building a clinic in one of its neighborhoods. Pennsylvania law
prohibits the establishment or operation of a methadone clinic anywhere within
500 feet of, among other things, an existing residential neighborhood. This
prohibition may be lifted only when "the governing body for the municipality
in which the proposed methadone treatment facility is to be located votes in
favor of the issuance of an occupancy permit."

The Third Circuit Court of Appeals held that (1) "the Pennsylvania Statute
violated the Equal Protection clause of the Fourteenth amendment and (2) the
City violated the Equal Protection Clause of the Fourteenth Amendment, the ADA,
and the Rehabilitation Act by denying NDTS a permit." The Third Circuit's
holding is in accord with both the Sixth and Ninth Circuits, which have
held that a law singling out methadone clinics is facially discriminatory.
Furthermore, the court held that methadone clinics do not pose a significant
risk to the community.

Court opinion: New Directions Treatment Services v. City of Reading, No. 05-4353,
2007 WL 1720105 (3rd Cir., June 15, 2007) (Available via licensed database).

After having her yearly physical, Naomi Walton not only discovered that she
had a hearing problem, but was out of a job. Mrs. Walton brought a suit
against the U.S. Marshal Service claiming that her termination was a violation
of the Rehabilitation Act and the Administrative Procedure Act. The central
issue of the claim was whether the inability to localize sound, even though
it may severely impact how hearing is used in daily life, is of comparative
importance and so central to most people's daily life activity that it
should be classified as a disability.

The Ninth Circuit held that the plaintiff failed to meet the burden of proof
required to find that her inability to localize sound should qualify
as a disability. The court reasoned that in order to qualify, the plaintiff
must show that this inability was of "comparative significance as an enumerated major life
activity." The plaintiff failed to carry this burden because she did not
prove that, "the ability to localize sound is comparable to caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working." The court also found that the plaintiff
failed to show that the ability to localize sound is central to most people's
daily lives.

Court opinion: Walton v. U.S. Marshals Service, No. 05-17308, 2007 WL 1815504
(9th Cir., June 26, 2007) (Available via licensed database).

On July 3rd of this year Governor Spitzer signed Senate bill 1923-A, amending
the New York mental hygiene law. The bill, introduced by Senators Robach
and Maziarz, establishes a state interagency council to create, promote,
and evaluate programs designed to meet the needs of New York citizens who are
deaf, deaf-blind, or hard of hearing. The council will consist of six residents
of New York within the target community and two New York residents who have
a demonstrated expertise and interest in the needs of the community. The council
is to cooperate with state agencies to implement a comprehensive statewide
program of services, and will maintain data, serve as a clearinghouse
of information on available services, disseminate information, receive complaints,
and conduct an ongoing evaluation of the needs of these citizens. The bill
takes effect July 1, 2008, and requires the council to report to the governor
each year.

For more information: S01923A, 2007-2008 Regular Session (N.Y. 2007), available at,


http://assembly.state.ny.us/leg/?bn=S01923&sh=t

The Office of Disability Employment Policy (ODEP) in the U.S. Department of
Labor has published several resources for youths who may wish to disclose disabilities
in a post-high school setting. While enrolled in primary and secondary education,
youths with disabilities are protected by the IDEA, which entitles them to a
free appropriate education and provides a framework for obtaining the necessary
accommodations. At the end of secondary education, the IDEA no longer applies
and individuals must make their own decisions about disclosing their disabilities
in the post-secondary educational or employment environment. Furthermore, youths
must decide to what extent they wish to disclose their disabilities because
disclosure is necessary to access accommodations under the ADA. ODEP publications
provide information and guidance on how and why to make disclosures, and on
requesting reasonable accommodations.

Full Report: Office of Disability Employment Policy, The Why, When, What,
and How of Disclosure in an Academic Setting after High School (2007),
available at

http://www.dol.gov/odep/pubs/fact/wwwh.htm

For the past two decades, researchers have studied the effects of teaching
life skills curriculum to youths with disabilities, specifically secondary
age youths with disabilities. Choosing the appropriate curriculum to
teach these important skills is a difficult task. Teachers must consider
many factors when making this decision including the balance of societal expectations
and the student's desires, the educational environment, the level of
competency of the students, how many students will be taught at the same time,
and how much time is available for life skills education. Life skills curriculum
often emphasizes money and purchasing skills, self-protection skills,
leisure skills, domestic skills, personal self care, and other community
instruction. Regardless of the curriculum, the importance of learning life
skills curriculum dictates that youths with disabilities should be taught functional
life skills at least a few times each week for 3-4 months.

Full Story: National Transition Technical Assistance Center, Teaching Functional
Life Skills to Youth with Disabilities, December 2006, available at

http://www.nsttac.org/pdf/life_skills_executive_summary.pdf

Two years ago, the North East Independent School
District of Texas realized that many of its 61,000 students were not succeeding
when 10 of its 61 schools failed to make "adequate yearly progress" (AYP)
under No Child Left Behind. A lack of quality education for children labeled
as having a special need had a profound adverse effect on the 10 underperforming
schools. A year later, all 10 schools made AYP. In part the district significantly
increased the number of students with special needs receiving the majority of
their services in mainstreamed educational settings. Also, assessments for the
students became tougher and now correspond to their chronological age. Furthermore,
the school district "developed an improvement plan called 'data
coaching,' [which transformed] research culled from local and national
sources into an intensive, flexible plan for each school."

Full Story: Education Week, Texas District Makes Gains with Spec. Ed., June
19, 2007, available at


http://www.edweek.org/ew/articles/2007/06/20/42speced.h26.html?tmp=1344102773

The FCC recently released an Order entitled "Recommendations of the Independent
Panel Reviewing the Impact of Hurricane Katrina on Communication Networks." The
Panel's Recommendations focused on many issues, including system reliability
and resiliency, and emergency backup power sources. The Panel's main
purpose was to ensure that individuals with disabilities receive emergency
alerts. The FCC pointed out that groups such as the Emergency Alert System
(EAS) and the Commercial Mobile Service Alert Advisory Committee (CMSAAC)
are currently taking a proactive stance to ensure emergency response.
For example, the EAS is addressing the alert situation in a rulemaking
proceeding. The Commission also encourages the Public Safety Homeland
Security Bureau and the Consumer & Governmental
Affairs Bureau to work together and collaborate with industry, state,
tribal, and local governments properly to voice the needs of individuals
with disabilities.

CMSAAC recently released the PowerPoint presentation and transcript from
its meeting with Kay Chiodo, the CEO of Deaf Link. Chiodo's presentation
examined the implementation of Texas' Deaf Link's Accessible Hazard
Alert System (AHAS). This system provides individuals that are deaf or
blind with clear emergency information. After AHAS receives a notice
of a state emergency, it relays the information to broadcasters who then
use American Sign Language, text, and voice broadcast to warn individuals.
With the help of five different working groups, AHAS aims to provide
individuals with disabilities with quality emergency alert techniques.

For more information:

FCC, Order 07-107, June 8, 2007, available at

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.doc

FCC, Commercial Mobile Service Alert Advisory Committee, May 16, 2007, available
at

http://www.fcc.gov/pshs/cmsaac/docs/pdf/meeting5.16.07transcript.pdf

The Internet is fast becoming a preferred method of communication in part
because of its ability to exchange information in a quick and concise
way. Governments across the globe have made many of their public services
and resources available online. Persons with disabilities and the elderly,
arguably with the most to gain from online government services, are greatly
impacted by the digital divide (i.e., lack of access to the Internet).
After analyzing approaches used by the United Kingdom and the United
States to address this problem, Doring Pilling and Heike Boeltzig recommend
ten effective approaches: 1) engage interest, 2) raise awareness of the
benefits of e-government, 3) create a comfortable learning environment,
4) offer affordable access, 5) make services accessible, 6) improve
usability of websites, 7) give or direct the way to long-term support,
8) consult project users, 9) partner with other organizations to share
resources and expertise, and 10) build in sustainability.

For more information: Heike Boeltzig, Ability Magazine, Catching New Users
of the Net, Spring 2007, pp. 21-22, available at

http://pdf.computing.co.uk/ability_65.pdf?id=0

To view the report in its entirety: Heike Boeltzig & Doria Piling, E-Government
Series, Bridging the Digital Divide for Hard-to-Reach Groups, 2007, available
at

http://www.businessofgovernment.org/pdfs/BoeltzigPillingReport.pdf

The cause of autism is the subject of an intense debate among family members
of persons with autism, autism advocates, the medical world, and charitable
organizations financing medical research. Some believe autism is the
result of genetics, while others fault the preservatives in vaccinations, specifically
synthetic mercury, as the cause. Thus far, the New York Times reports, "No
major scientific studies have linked pediatric vaccination and autism." Organizations
like the National Autism Association (NAA) believe that genetics and environment
are both contributing factors to autism. The organization encourages individuals
to study the research for themselves and form their own conclusions that may
not always coincide with the findings of NAA. "We believe that families
should have access to all information including environmental insults,
vaccines, genetics, etc."

Full Story: Jane Gross, and Stephanie Storm, Autism Debate Strains a Family
and Its Charity, N.Y. Times, June 27, 2007, available at

http://www.nytimes.com/2007/06/18/us/18autism.html?ex=1183089600&en=cbe08d775aa380e3&ei=5070

(free subscription required)

For more information regarding NAA's medical research: National
Autism Association, What Causes Autism, available at

http://www.nationalautismassociation.org/causes.php

The Office of Disability Employment Policy (ODEP) recently released a new "Circle
of Champions" brochure. The Circle of Champions is the group of United
States businesses and organizations that are recipients of the "Secretary
of Labor's New Freedom Initiative Award for innovative and proactive efforts
to recruit, hire, and promote people with disabilities." The award promotes
public-private partnerships to create and then apply strategies that "enhance
employment opportunities and career advancement for individuals with
disabilities."

The Circle of Champions, in conjunction with ODEP, has created innovative
practices for both small and large businesses that allow for the hiring
and career advancement of members of the disability community. In particular,
the brochure emphasizes the benefits of executing "Circle of Champion" like
goals, including creating and sustaining a competitive advantage, expanding
the pool of workers, improving retention of skilled and experienced employees,
cost effective employment strategies, and acquiring a larger customer
base.

For more information: U.S. Department of Labor, Circle of Champions: Innovators
in Employing All Americans, July 10, 2007, available at

http://www.dol.gov/odep/newfreedom/coc2007/brochure.htm

To view the report in its entirety: JAN, Circle of Champions, October 2006,
available at

http://www.dol.gov/odep/documents/f6f62dd7_3c44_447d_8753_e786c2d898e6.pdf

According to the U.S. Census Bureau, 13,779,000 work-eligible individuals
with disabilities in the United States and its territories are currently
unemployed, 6,927,000 of whom receive Supplemental Security Income/or Social
Security Disability Insurance. On July 26, 2007, the ADA will celebrate its
seventeenth anniversary. To mark this occasion, the Ticket to Work and Work
Incentives Advisory Panel will hold a news conference to introduce a report
entitled "Voice for
Change: Beneficiaries Paving the Way to Work, A Roadmap to Program Improvement." The
report documents recommendations the Panel received from the beneficiaries
of these programs during a summit held in Atlanta last February. One beneficiary
with disabilities from every state, including the District of Columbia,
Puerto Rico, the U.S. Virgin Islands, American Samoa, and the Commonwealth
of the Northern Mariana Islands attended the summit to discuss employment issues.
The summit beneficiaries and a panel of members will present their recommendations
at the conference.

Full Story: Ticket to Work & Work Advisory Panel, July 26, 2007, News
Conference, available at

http://www.ssa.gov/work/panel/

In the next two and a half years, San Francisco will commit 1.6 million
dollars to a project designed to "install accessible pedestrian signals" at
no fewer than 80 intersections. The signals will tick while corresponding
with the usual "WALK" symbol that sighted pedestrians use.
These new signals will also have locator tones and vibrating pushbuttons
to aid in locating the device. This system is the first of its kind in
the nation. Both San Francisco politicians as well as advocates from
the blind and visually impaired community intend to expand this comprehensive
agreement in coming years. "This
agreement reflects far more than our commitment to public safety--it
represents San Francisco's commitment to engage the disability community
in a manner that is cooperative rather than confrontational on matters
involving accessibility and compliance with the Americans With Disabilities
Act," said
City Attorney Dennis Herrera.

Full Story: City & County of San Francisco News Release, Installation
of Accessible Pedestrian Signals Will Aid Blind, Visually Impaired Community,
June 20, 2007, available at

http://www.disabilityagenda.org/pdf/Disability_Skills_and_Work.pdf

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/


Edited by UBB Administrator (Fri Jul 27 2007 11:06 AM)

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