On September 26, 2007, a Massachusetts appeals court required the National
Board of Medical Examiners to give Harvard student Sophie Currier extra
time to pump breast milk during her medical licensing exam. In June, Ms.
Currier wrote to the medical examiner's board requesting more break
time than the standard 45 minutes available to students during their nine-hour
medical licensing exam. Generally administered in one day, the board did
give Ms. Currier accommodations for her disabilities, dyslexia and attention
deficit hyperactivity disorder, by permitting her to take the exam over
two days instead of one.

Ms. Currier requested 60 minutes of break time each day to pump milk
every two to three hours, helping her avoid the medical complications
of breast engorgement and mastitis (an infection resulting from blocked
milk ducts). The board denied her request, stating they could accommodate only
conditions covered by the Americans with Disabilities Act. Judge Katzmann
disagreed, writing that without extended breaks each day of the exam Ms.
Currier is significantly disadvantaged. The board plans to appeal the
decision.

Full Story:

Elizabeth Olson, In Reversal, Student is Given Extra Time to Pump Breast
Milk, New York Times, September 27, 2007, available at

http://www.nytimes.com/2007/09/27/education/27exam.html

On September 10, 2007, a Florida Court of Appeals held that Mr. Greenberg,
who is obese and has diabetes, hypertension, and hypothyroidism, was not
a qualified individual with a disability under the ADA. Previously employed by BellSouth as a service technician responsible for
the installation and maintenance of telephone services, Mr. Greenburg
claimed that he
was fired from his job because of his disability.

To avoid employee injury on the job, Bell South strictly enforced a safe
load limit policy, requiring all employees using certain equipment to
weigh no more than 300 pounds. A service technician's tool belt
with standard tools weighs 25 pounds, meaning an employee could weigh
no more than 275 pounds. Weighing approximately 325 pounds, and unable
to lose weight after trying for 6 months, Mr. Greenburg was fired from
his job. The court determined his obesity was not substantially limiting
one or more major life activity, noting Mr. Greenberg's testimony
that he had no problem bathing, dressing, and performing household chores.


Greenberg v. Bellsouth Telecomms, Inc., No. 06-15134. 11th Cir, 2007, available at

http://www.ca11.uscourts.gov/opinions/ops/200615134.pdf

In 1986, Roy Tarpley was the seventh pick in the NBA draft. However, in
1991 he was kicked out of the NBA for using cocaine. Although he was reinstated
in 1994 and began playing for the Dallas Mavericks, he was kicked out
again the next year for alcohol abuse and violating his aftercare program.
Tarpley filed a complaint with the EEOC against the NBA and the Dallas
Mavericks in July 2006, claiming disability discrimination under the ADA.
Tarpley cited past drug and alcohol abuse as his disability, and the EEOC
sided with him stating that the NBA and Dallas Mavericks' failure
to reinstate him violated the ADA.

Full Story:

Juan Lozano, Ex-Mav Tarpley Sues NBA, Former Team, Associated Press, September
27, 2007, available at

http://www.boston.com/news/world/europe/articles/2007/09/27/ex_mav_tarpley_sues_nba_former_team/

On October 1st, the Supreme Court heard oral arguments in Board of Education
of the City of New York v. Tom F., an important step towards resolving
what has been a high-stakes issue for both families and school districts.
After Tom F. determined that placement in a public school would not be
appropriate for his son, who has learning disabilities, he enrolled him
in a private school beginning in kindergarten. Tom F. requested reimbursement
for his son's tuition, and after an independent hearing officer
(IHO) granted the request, the Board of Education filed suit.

The District Court reversed the IHO's decision in favor of the Board,
indicating that amendments to the IDEA require students to receive inappropriate
services from a public agency before receiving reimbursement for private
school tuition. The Court of Appeals vacated and remanded to reflect their
recent decision in Frank G. v. Board of Education of Hyde Park, holding
that the IDEA amendments do not require students to receive services from
a public agency before seeking reimbursement for private school tuition.


Full Story:

Wrightslaw, Supreme Court to Hear Argument in NYC Board of Education v.
Tom F., August 14, 2007, available at

http://www.wrightslaw.com/news/07/nyc.tomf.htm

Oral Arguments Transcript:

http://www.wrightslaw.com/law/pleadings/oa.nyc.tomf.pdf

The NLTS2 explored the relationship between "subjective aspects of
youth's experiences ... and their achievement in school" in "Perceptions
and Expectations of Youth with Disabilities: A Special Topic Report."
Surveys were administered through telephone interviews, mail, or in-person.
Survey questions included "How do youth with disabilities describe
the kind of people they are? How do youth describe their secondary school
experiences? How do youth characterize their personal relationships? What
are their reported expectations for the future? How do these factors differ
for youth with different disability and demographic characteristics?"
Researchers found that while both positive and negative views are reported,
adolescents expressed positive views when they describe themselves, their
school experiences, and their relationships.

Review the report in its entirety:

Mary Wagner, et al., Perceptions and Expectations of Youth With Disabilities
A Special Topic Report of Findings from the National Longitudinal Transition
Study-2 (NLTS2), National Center for Special Education Research, August
2007, available at

http://ies.ed.gov/ncser/pdf/20073006.pdf

In response to the 2005 Supreme Court case Schaffer v. Weast, New York
Governor Eliot Spitzer signed into law the requirement that school districts
prove that special education services provided to children with disabilities
under the IDEA satisfy the child's individualized education program
(IEP) and provide a free and appropriate public education. In Schaffer,
the Supreme Court placed the requirement of proof upon the child stating
that the burden of proof lies with the party seeking relief. This New
York Law directly reverses that decision for the State of New York.

Press Release:

State of New York, Governor Spitzer Signs Legislation Shifting Burden
of Proof to School Districts in Disputes Over Special Education, August
16, 2007, available at

http://www.ny.gov/governor/press/0816073.html

Case:

Schaffer v. Weast, 546 U.S. 49, 2005, available at

http://altlaw.org/v1/cases/177073.pdf

Utah State University's Assistive Technology (AT) Lab, operated by
students, develops new technology to assist persons with disabilities
all over the state. Under the supervision of Lab Director Stan Clelland,
students design, construct, and test new technology. This year, their
projects include a hiking chair and an oven rack adapter. The hiking chair
will enable persons with disabilities and mobility problems to participate
in hiking; the oven rack will help prevent accidents that could occur
due to loss of balance. Citizens themselves brought these issues to the
lab, which responded with these new technologies.

Full Story:

Ranae Bangerter, AT Lab Making Others' Lives Easier, Utah Statesman
Online, Sept. 17, 2007, available at

http://media.www.utahstatesman.com/media...327-page3.shtml

Innovative Neurotronics recently earned the da Vinci Award for Adaptive
Technologies. The award comes as a result of the WalkAide System, used
to assist persons with the paralytic condition known as "foot drop"
occurring as a result of multiple sclerosis, cerebral palsy, spinal or
brain injury, or strokes. The device uses Bluetooth technology to send
electrical signals to the motor nerve in the leg, helping the individual
to raise their foot appropriately to enable walking. The National Multiple
Sclerosis Society views the award as important for the investment in,
and development of, assistive technologies because of the exposure brought
to the field.

Press Release:

Hanger Orthopedic Group, Innovative Neurotronics, a Subsidiary of Hanger
Orthopedic Group, Earns the 2007 da Vinci Award for the WalkAide System, Sept. 17, 2007, available at

http://www.earthtimes.org/articles/show/news_press_release,179344.shtml

The Senate recently passed an Amendment allowing the Secretary of Defense
to adjust reimbursement rates, an important development for soldiers in
need of mental health treatment. The Amendment allows the Pentagon to
raise reimbursement rates for mental health treatment in an effort to
improve access to mental health services for soldiers returning from war.
Recent cuts in reimbursement rates limited options for soldiers, who often
seek assistance from civilian therapists because of a shortage of military
therapists.

Full Story:

Frederic J. Frommer, Senate Bumps Mental Health Reimbursement, Associated
Press, September 26, 2007, available at

http://news.yahoo.com/s/ap/20070926/ap_on_go_co/troops_mental_health_2

The Delaware News Journal reported a gross inconsistency between findings
in an August Center for Medicare and Medicaid Services (CMS) report and
testimony presented to lawmakers on recent investigations of the Delaware
Psychiatric Center (DPC). After inspecting the facility in July, CMS issued
a confidential report detailing DPC's failure to protect residents
from abuse and other violations of patients' rights. Delaware Department
of Health and Social Services Secretary Vince Meconi later discussed
the report in testimony to lawmakers investigating the DPC but failed
to disclose the documented incidents of violations. A DPC official also
presented testimony to lawmakers but omitted mention of rights violations.
The Delaware News Journal obtained the CMS report by a Freedom of Information
Act request.

Full Story:

Lee Williams, Findings of Patient Abuse Kept from Panel, News Journal, September 26, 2007, available at

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20070926/NEWS/709260374/1006/NEWS

Employers have started requiring employees with certain health factors,
such as obesity, high blood pressure, and high cholesterol, to pay for
their extra healthcare costs. Some employers now require yearly physicals
and deduct certain amounts out of the employee pay check if that person
does not stay within healthy ranges. Companies argue that since they are
paying a majority of the costs, they can require their employees either to
get healthy or to pay for the extra cost. Similarly, the Health Insurance
Portability Act passed in July 2007 allows companies to penalize employees
for smoking, high blood pressure, and cholesterol but limits the penalty
to 20% of the total cost of the employee's health coverage.

Full Story:

Lisa Cornwell, Employee Memo: Push-up or Pay-up, Tulsa World, September
23, 2007, available at

http://www.tulsaworld.com/business/article.aspx?articleID=070922_5_E5_hFirm70263

Final Rules: Nondiscrimination and Wellness Programs in Health Coverage
in the Group Market, 71 Fed. Reg. 75,018, December 13, 2006, available at

http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-9557.pdf

The State of Colorado is asking businesses to hire people with disabilities
after realizing that half of the 29,299 individuals with disabilities
in Colorado are unemployed. To remedy this situation Colorado has set
aside $200,000 to educate business owners about the benefits of employing
persons with disabilities. In situations where businesses need to expend
extra monies to employ people with disabilities, the state has agreed
to temporary relief in the form of reimbursing the salary of the employee
with disabilities to assist those businesses.

Full Story:

Peter Swanson, Colorado Urging Businesses to Hire People with Disabilities,
Colorado Springs Gazette, September 28, 2007, available at

http://www.gazette.com/articles/people_27832___article.html/disabilities_colorado.html

The Court of Appeals for the First Appellate District allowed the case
of Capitol People First (CPF) v. Department of Developmental Services
(DDS) to proceed as a class action suit. The suit involves 7,000 complainants.
These 7,000 individuals live or receive services from state or private
institutions, and by filing suit are seeking to gain independence in their
community. In the early 1990s, the Protection and Advocacy, Inc., filed
suit on behalf of individuals with disabilities living in institutions
even though they were recommended as candidates for community placement.
This lawsuit resulted in system reform and thousands of community placements. However, after the 5-year placement period ended, the movement of individuals
into communities slowed. "The aim of the lawsuit was to eliminate
systemic policies and practices of the state and regional centers resulting
in the unnecessary institutionalization of thousands of people with developmental
disabilities."

Full Story:

Barbara Duncan, Victory for Institutionalized Californians, Protection
and Advocacy Inc., September 27, 2007, available at

http://www.pai-ca.org/news/ClassCertifRuling-2007-09-25.htm

Many people in Knoxville, Tennessee, recently had the opportunity to experience
the world as a person with a disability via the use of wheelchairs, canes,
sighted guides, and sign language. As a part of the 'Walk, Rock 'N'
Roll with a Twist' experience at Ashley Nicole's Dream Playground,
Knoxville's first 100% accessible playground, participants navigated
an obstacle course in a wheelchair, played beep-baseball, and rock-climbed
while blindfolded. The purpose of the event, in its second year, is to
educate the public and raise money for projects to promote the independence
of people with disabilities.

Full Story:

Mike Blackberry, Dozens Get to Navigate Like a Person with a Disability,
Knoxville News.com, September 30, 2007, available at

http://www.knoxnews.com/news/2007/sep/30/dozens-get-to-navigatelike-person-with/

Because Carla Louis was not traveling with a companion or medical certificate,
she was not permitted on a flight operated by the Portuguese airline TAP
to London the week of September 20th. Several people on the plane offered
to be her companion, but the pilot refused to take off until Ms. Louis
disembarked. Outrage has ensued in the disability community. A call
to check on Louis's return flight discovered she had been wiped
from the passengers list. Certain disability advocacy groups intend to
take the airline up on its breach of European Union protocol on travel
and disability. Louis hopes that this situation will aid in lobbying for
disability legislation.


Full Story:

Daniel Nelson, Anger as Airline Refuses to Fly Disability Activist, One
World UK, September 20, 2007, available at

http://news.yahoo.com/s/oneworld/20070920/wl_oneworld/45361533801190324239

After seven years of working towards achieving their goal of a "society
where disabled people can participate fully as equal citizens,"
the United Kingdom's Disability Rights Center (DRC) is now closed.
The Farewell Statement, written by Sir Bert Massie, noted some of the
DRC's biggest accomplishments and asked friends of the DRC to lend
support to the new Equality and Human Rights Commission (EHRC). Sir Massie
challenged the EHRC to change thinking and behavior and become the trusted
expert and world leader on disability and other important issues. In conjunction
with the Farewell Statement, the DRC published an impact report detailing
the work they have done and the accomplishments they have seen over the
last seven years.

Full Statement:

Sir Bert Massie, Farewell from the DRC, Disability Rights Commission, September,
28 2007, available at

http://cecollect.com/ve/ZZti77JMgj6081M8799

Impact Report:

Celebrating the Journey Impact Report 2000-2007, Disability Rights
Commission, September 28, 2007, available at

http://www.celebratingthejourney.org/files/lowresPDFimpactreport.pdf

After ten years of advocating for early legal assistance for criminal suspects
with intellectual disabilities, the efforts of the Parents' Association
for Persons with Intellectual Disability have been realized. Taiwan's
Legal Aid Foundation recently announced that legal services, previously
only available to criminal suspects with intellectual disabilities during
court proceedings, will now be available during police questioning and
prosecutorial investigation. The services are being extended in an effort
to protect the human rights of persons with intellectual disabilities
regardless of the crime they are accused of or their ability to pay for
legal services.

Full Story:

Sun Yi-hsin, Disability Need Not Be Impediment to Fairness, Taipei Times, September 27, 2007, available at

http://www.taipeitimes.com/News/editorials/archives/2007/09/27/2003380643

The government-run Disability and Children-at-Risk Project (DCRP) will
be launched next year in Bangladesh in significant part because of a $25 million
commitment from the World Bank. The DCRP will work to provide better care
and rehabilitation for persons with disabilities by raising awareness
and increasing the capacity of disability and children-at-risk services,
and by building the capacity of the Ministry of Social Welfare. The National
Foundation for the Development of Disabled Persons (NFDDP) will be restructured
to create a Center of Excellence, likely to partner with disability-focused
NGOs in their efforts to raise awareness. In addition to providing training
for the ministry staff and its social workers, the Social Welfare Ministry
will conduct surveys, censuses, and needs assessments of persons with
disabilities and highly vulnerable children. The Social Welfare Ministry
also will provide technical support for the implementation of the UN Convention
on the Rights of Persons with Disabilities.

Full Story:

$25m World Bank Project for Persons with Disabilities, Daily Star, September
26, 2007, available at

http://www.thedailystar.net/story.php?nid=5516

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