Dave Klein
Experienced Member
Reged: Feb 17 2002
Posts: 182
Loc: Iowa
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Volume 4, Issue 16, December 6, 2007
Thu Dec 06 2007 12:09 PM
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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.
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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
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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/
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