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

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

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

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

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

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

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

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

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

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

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

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/

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

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

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

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

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

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

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

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

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."

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