Dave Klein
Experienced Member
Reged: Feb 17 2002
Posts: 182
Loc: Iowa
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Volume 5, Issue 3, April 11, 2008
Fri Apr 11 2008 05:36 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
April 11, 2008
Volume 5, Issue 3
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. Waterboarded Veteran Approved for VA Disability
Arthur McCants III, a 60 year old Navy veteran, brought a claim asserting that he suffered long-term emotional problems as a result of mistreatment, specifically from waterboarding. Waterboarding is a controversial interrogation procedure creating a drowning sensation and regarded by some as torture. Mr. McCants experienced the waterboarding in April 1975, as part of Navy survival training. He was strapped to a board slanted at a 20 degree angle with his legs above his head and had buckets of water dumped on his face, which at one point caused him to pass out. The Board of Veterans Appeals in Washington, D.C., ruled in favor of Mr. McCants, holding that he has post traumatic stress disorder and that it "is medically attributed to a stressor he experienced during his more than five years of service."
Full story:
George Werneth, Waterboarding Victim Granted VA disability, Alabama Press Register (March 19, 2008), available at
http://www.al.com/news/press-register/index.ssf?/base/news/1205918110262570.xml&coll=3
2. Expecting and New Moms Eligible for Accessible Parking?
California Assemblyman Chuck DeVore is pushing for state legislation that will temporarily give pregnant women in their third trimester and moms with newborns access to parking designated for people with disabilities for a period for up to two months. Critics worry that it will negatively impact the disability community by significantly reducing the number of designated parking spaces. They also see the new legislation as unnecessary because pregnant women with medical complications already are eligible for temporary accessible parking placards. These accessible parking placards are standard permits for parking that are designated for people with disabilities and are available throughout California.
Full story:
Marcey Brightwell, Pregnant Women Should Get Disabled Parking Rights, Lawmaker Says, News 10 (March 20, 2008), available at
http://www.news10.net/display_story.aspx?storyid=39749
3. Suspended Firefighter with Epilepsy Sues City
A twenty-seven year veteran firefighter from Pittsburgh was suspended from his duties after being diagnosed with epilepsy. He subsequently sued the city, alleging a violation of the ADA. Specifically, the firefighter argues that the city has a duty to provide him with reasonable accommodations. Pittsburgh's policy requires firefighters to be off seizure medication and seizure-free for a year before returning to work. The firefighter has asserted his capability, explaining that since beginning the seizure medication he has had no further issues.
Full story:
Rich Lord, Firefighter with Epilepsy Sues City after Being Suspended, Pittsburgh Post-Gazette (February 21, 2008), available at
http://www.post-gazette.com/pg/08052/859165-53.stm
B. EDUCATION
1. Section 504 of Rehabilitation Act of 1973 Confusing for Some Schools
Students with health, cognitive, and other difficulties who do not qualify for services under the Individuals with Disabilities Education Act, may be eligible for protections and services under Section 504 of the Rehabilitation Act. But recent research conducted by a Pennsylvania middle school principle and a law professor found that schools are confused when it comes to evaluating students for services under the Rehabilitation Act, leaving a lot of room for problems and errors. The work done here has shown according to 549 public school administrators who reported in 2005 only 1.2 percent of public school students receive Section 504 services. This vastly differs from the 12 percent of students served under IDEA. However, every student eligible for assistance under IDEA is also eligible under Section 504. This research, published in the NASSP Bulletin, is the first attempt to quantify the number of students nationwide who are receiving accommodations through Section 504 of the Rehabilitation Act.
Full story:
Christina A. Samuels, Study Finds 'Section 504' Rules Source of Confusion for Schools, Education Week (March 19, 2008), available at
http://www.edweek.org/
(registration required)
See also: Rachel A. Holler & Perry A. Zirkel, Section 504 and Public Schools: A National Survey Concerning "Section 504-Only" Students, NASSP Bulletin, Vol. 92, No. 1, 19-43 (2008).
2. Parents of Triplets with Disabilities Fueled Help for Others
Zoe, Emma, and Sophia, now seven years old, are the world's only triplets who are both deaf and blind. While all three children have average intelligence levels, their development has been delayed because of sensory deprivation. The triplets' parents have worked to create an environment that is stimulating to the children's senses, and with the recent addition of aids, the triplet's development has progressed.
When the family hired an aide to work with Zoe, the cost was not covered by insurance and far outstretched the family's annual income. Knowing other families had to face the same hardships, the couple began DeafBlind Children's Fund, a nonprofit whose goal is to provide an aid to any child who needs one. The fund intends to help children with deafblindness through advocacy, education, and awareness. The fund works to use volunteers and intervenor aids to give children with deafblindness their greatest chance at success.
Full story:
Kenneth Miller, Hope for Deaf-Blind Triples--Light in the Dark, Readers Digest (February 2008), available at
http://www.rd.com/stories/everyday-mirac...P3/article.html
To learn more about the DeafBlind Children's Fund:
http://www.deafblindchildren.org/
3. Early Interventions for Children with Hearing and Communications Impairments
Jim Ellis is the co-founder and executive director of the Center for Early Intervention on Deafness, the only nonprofit organization in the San Francisco Bay Area that advocates for the intervention and education of infants and children up to 5 years old who have been identified as having a hearing loss or a communicative disorder. Ellis, who has dedicated much of his life to raising awareness about the importance of early identification of hearing loss in children, has recently been awarded the Jefferson Award by the American Institute for Public Service for his work in regards to the difference he has made in his community. Jacqueline Kennedy Onassis, U.S. Senator Robert Taft, Jr., and Sam Beard founded the American Institute for Public Service in 1972 in order to create a Nobel Prize for public and community service. From this idea stemmed The Jefferson Awards. This award is given on a national and local level; Jim Ellis is a local recipient.
Full story:
Shelah Moody, Early Help for the Hearing Impaired, San Francisco Chronicle (March 16, 2008), available at
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/16/LVAVVIL2F.DTL
C. TECHNOLOGY
1. Online Gaming Becomes More Accessible
The website of Assistive Gaming provides a way for those with physical impairments to enjoy the world of online gaming. The website for gamers of all ages and physical abilities includes popular games such as Unreal Tournament and World of Warcraft. The site uses universal software and design features such as onscreen keyboards to assist users with physical impairments. The website's designer, David Niemeijer, recognized a market for an online gaming program that is user friendly to individuals with disabilities and further saw a need to have a Mac-centric site. Niemeijer views his site as a way to allow those who could not otherwise travel or play sports to be able to participate on some level.
Full story:
Website Makes Gaming Accessible to Everyone, kotaku.com (March 6, 2008), available at
http://kotaku.com/364074/website-makes-gaming-accessible-for-everyone
Gaming website:
www.assistivegaming.com
2. Microsoft Announces New Assistive Technology
Microsoft has announced a new online resource for the development of assistive technology related to computer use for people with disabilities. The website is designed to create a network of assistive technology developers and provide resources including technical content and prototypes. The site allows developers to test their technology in order to find and correct problems with their products. Microsoft enables the developer community to improve and extend the tools so that they keep pace with developers' changing needs and requirements. Existing tools provided in-depth details about MSAA implementations, but no information about whether an implementation was correct; Microsoft's new technology seeks to fill in this gap.
Full story:
Microsoft Announces New Accessibility Tools and Resources for Developers (March 13, 2008), available at
http://www.linux-mag.com/id/5376/
Microsoft's Web Site:
http://msdn.microsoft.com/accessibility
3. Ablenet to Showcase New Assistive Technologies
This year's Northridge Center on Disabilities' International Technology and Persons with Disabilities Conference promised to reveal new assistive technologies, especially from Ablenet. Ablenet, revealing a new line of assistive computer technologies, including "Wireless Wave" and "Wave." These new technologies are designed for persons with limited hand control, motor skill difficulties, and hand-eye coordination challenges. AbleNet has been a respected partner and provider of products and services that support school district administrators, special education professionals and students with disabilities.
Full story:
AbleNet to Showcase New Products and Product Enhancements at the International Technology and Persons with Disabilities Conference March 10-15, 2008 in Los Angeles (March 6, 2008), available at
http://www.prweb.com/releases/2008/3/prweb748284.htm
D. HEALTHCARE / BENEFITS
1. House Passes Mental Health Parity Bill
On March 5th, the House passed a bill requiring most group health plans to close the gap between coverage for mental and physical disabilities. Current federal law allows insurers to differentiate between mental and physical illnesses by charging higher co-payments or limiting benefits. The recently passed House bill and its similar counterpart passed in the Senate will also require insurers who choose to provide mental health coverage to provide benefits for any mental health condition listed in the latest edition of the Diagnostic and Statistical Manual of Mental Health Disorders, published by the American Psychiatric Association.
Full story:
Robert Pear, House Approves Bill on Mental Health Parity, New York Times (March 6 2008), available at
http://www.nytimes.com/2008/03/06/washin...nyt&oref=slogin
2. Psychiatric Service Dogs Provide Support to Handlers with Mental Disabilities
Psychiatric service dogs represent a recent development in the world of service animals. Psychiatric service dogs work to mitigate their handlers' mental health disorders, which may include anxiety, depression, or post-traumatic stress disorder. Like conventional service animals, psychiatric service dogs are trained to perform specific tasks related to their handler's disability, and are permitted to go anywhere normal business patrons can go. To qualify for a psychiatric service dog, an individual must have a qualified disability within the meaning of the ADA.
Full story:
Erin G. Edwards, Psychiatric Service Dogs: Mind's Best Friend? Medill Reports, Northwestern University (February 28, 2008), available at
http://news.medill.northwestern.edu/chicago/news.aspx?id=79757
3. NCD Calls for Inclusive Vision of the American Dream
This month, the National Council on Disability released Inclusive Livable Communities for People with Psychiatric Disabilities, calling on Congress and the Bush Administration to take active steps toward fully integrating persons with psychiatric disabilities into the American community. The paper identifies elements of inclusive livable communities and makes recommendations for federal-level changes in public policy. Suggested policy changes include antistigma campaigns and funding for inclusive housing models.
Full story:
Mark S. Quigley, National Council on Disability Says Let People with Psychiatric Disabilities Become Part of the American Dream, National Council on Disability (March 17, 2008), available at
http://www.ncd.gov/newsroom/news/2008/r08-556.htm
For more information:
National Council on Disability, Inclusive Livable Communities for People with Psychiatric Disabilities (March 17, 2009), available at
http://www.ncd.gov/newsroom/publications/2008/LivableCommunities.html
E. WORKFORCE
1. EEOC Provides Practical Manuals for Employers and Disabled Veterans
The EEOC recently issued two technical assistance manuals for employers and veterans that address the workplace issues for veterans with service-related disabilities including their employment rights and the legal obligations of employers. Included in the guides are resources for further information on the relationship between disabled veterans and their employees, such as additional information on the ADA and the Uniformed Services Employment and Reemployment Rights Act. Both technical assistance manuals can be found at www.eeoc.gov.
Full story:
U.S. Equal Employment Opportunity Commission, EEOC Addressed Employment of Veterans with Service-Connected Disabilities (February 29, 2008), available at
http://eeoc.gov/press/2-29-08.html
2. New Department of Labor Database Helps Identify Job Candidates
On March 19, the Department of Labor made available a free list of over 1,700 job candidates with disabilities seeking employment in a variety of fields. The database assists employers by allowing them to search for selected criteria such as location, position type, degree program, and length of employment. Employers can conduct unlimited searches by calling a toll-free number (866-327-6669).
Full story:
Database of More Than 1,700 Candidates with Disabilities to Be Made Available to Employers, U.S. Department of Labor (March 18, 2008), available at
http://www.dol.gov/opa/media/press/odep/odep20080389.htm
F. INDEPENDENCE
1. March Proclaimed Disability Awareness Month in New York
Former Governor Eliot Spitzer and Lieutenant Governor David A. Paterson declared the month of March as Developmental Disabilities Awareness Month. In honor of the nearly 350,000 people in New York State with developmental disabilities, the New York State Office of Mental Retardation and Developmental Disabilities will hold a month-long exhibit in Albany until March 31, 2008. The exhibit features displays from the Museum of Disability History, chronicling the history of disabilities in New York State and providing profiles of accomplished persons with developmental disabilities.
Full story:
Governor Spitzer and Lieutenant Governor Paterson Proclaim March Developmental Disabilities Awareness Month, New York State Developmental Disabilities Planning Council e-bulletin (March 2008), available at
http://www.ebulletin.us/archive/2008/march/03_08_march_dev_dis_aware_month.php
2. Entrepreneurship Bootcamp at Syracuse University's Whitman School
The Whitman School of Management at Syracuse University, in collaboration with three other business colleges in the United States, has developed an Entrepreneurship Bootcamp for Veterans with Disabilities (EBV), which aims to educate and train disabled American veterans seeking to start businesses after having served.
In the summer of 2007, before the partnership was in effect, the first EBV program at Syracuse University enrolled 20 veterans in a three-phase plan. In Phase I, participants completed online courses. In the second phase, the participants partook in a nine-day residency at the EBV University, practically applying what they had learned about small business practices from the online lectures. Finally, the faculty from the program offered year-long support and guidance as the veterans actually started their businesses.
This program at Whitman and the three other participating colleges -- UCLA Anderson School of Management, Mays Business School at Texas A&M University, and Florida State University's College of Business -- is entirely free. Veterans are encouraged to apply early, although admissions are always open.
Full story:
Syracuse University leads new national partnership of four major universities to support veterans with disabilities, Syracuse University News (February 19, 2008), available at
http://sunews.syr.edu/story_details.cfm?id=4782
3. Achieving Many Successes
University of Iowa Writing Professor Steve Kuusisto, born with blindness, rejected what he considered to be a dismal future and instead pursued his dream: to be able to write and share with the world the significance of his disability. He has worked to develop, since the fall of 2007, interdisciplinary courses combining disability studies with the humanities.
In his joint appointment in the Roy J. and Lucille A. Carver College of Medicine and the College of Liberal Arts and Sciences at the University of Iowa, Kuusisto also works with health professionals and educators to make them aware of the concerns and needs of blind patients.
Kuusisto has published memoirs influenced by his blindness, including the 1998 bestseller "Planet of the Blind." He simultaneously educates his readers about the experience of individuals with blindness while pursuing his own passion for writing.
Full story:
Blind Professor Helps Others See Another Side to Disabilities, University of Iowa News Service (February 18, 2008), available at
http://news-releases.uiowa.edu/2008/february/021808kuusisto_disabilities.html
G. EMERGENCY RESPONSE/PREPAREDNESS
1. FEMA Taking Over Mass Care
In the aftermath of Katrina, FEMA and the Red Cross came to a joint agreement that FEMA would take over the Red Cross's role as a Mass Care provider during an emergency. However, the Government Accountability Office (GAO) released a report in February that questions FEMA's ability to take over the Red Cross's Role. One of the main issues the GAO report found was FEMA's lack of coordination with the National Council on Disability, as "required by the 2006 Post-Katrina Emergency Management Reform Act."
Full story:
Katherine Peters, FEMA to take over Mass Care Role Formerly Held by Red Cross, Government Executive (March 7, 2008), available at
http://www.govexec.com/dailyfed/0308/030708kp1.htm
GAO Report:
National Disaster Response: FEMA Should Take Action to Improve Capacity and Coordination Between Government and Voluntary Agencies, # 08-369 (February 2008), available at
http://www.gao.gov/new.items/d08369.pdf
2. Wal-Mart, NOD, and Colorado Team Up
After a recent snow storm hit Colorado, the Colorado Department of Public Health (CDPH) teamed up with Wal-Mart, Inc., and the National Council on Disability (NOD) to encourage residents in preparing for disasters. Specifically, CDPH staff was available at Wal-Mart stores throughout Colorado with sample disaster kits and pamphlets in both Spanish and English. In addition to this in-store initiative, Wal-Mart will donate emergency kit supplies to NOD that will be disbursed to individuals with disabilities and special needs. NOD will add disability specific information to the supplies donated by Wal-Mart to further aid individuals with disabilities in preparing for disaster.
Full story:
Trading Markets, Colorado Department of Public Health and Environment Partners with Wal-Mart Stores Inc. on Emergency Preparedness Program (February 29, 2008), available at
http://www.tradingmarkets.com/.site/news/Stock%20News/1153883/
3. New Disaster Course for People with Disabilities
The Public Health Foundation is offering a free Internet course for health professionals who may work with people with disabilities in times of disaster. The course has twelve objectives focusing on the needs of, and communicating with, individuals with disabilities. The course also has a component requiring creative problem solving in responding to possible scenarios a person may face when assisting people with disabilities during an emergency. This is a two hour course sponsored by the University of Kansas Research and Training Center on Independent Living and the Kansas Department of Health Education.
Course available at:
Public Heath Foundation, Ready Willing and Able Online Training (#1010882),
https://www.train.org/DesktopModules/eLe...ourseID=1010882
H. INTERNATIONAL
1. Convention on the Rights of Persons with Disabilities Ratified!
On April 3, 2008, Ecuador, providing the twentieth ratification, helped to bring the Convention on the Rights of Persons with Disabilities formally into force. Specifically, the Convention will become legally binding on May 3 (30 days after the date of the twentieth signature), but would not have gone into effect without the twenty ratifications. According to Akiko Ito, representative of the United Nations Focal Point on Disability, as many as two thirds of United Nations Member States do not have legal protection for persons with disabilities. The Convention along with its optional protocol that allows individuals and groups to petition for relief requires States that ratify it to enact laws that improve disability rights and abolish legislation that discriminates against persons with disabilities.
Full story:
UN News Centre (April 3, 2008), available at
http://www.un.org/apps/news/story.asp?NewsID=26199&Cr=disab&Cr1=convention
UN Press Release, April 3, 2008, available at
http://www.un.org/News/Press/docs//2008/hr4941.doc.htm
To view the "Convention on the Rights of Persons with Disabilities," go to
http://www.un.org/disabilities/convention/conventionfull.shtml
2. People with Disabilities Seek Participation and Representation in Kenyan Government
The Kenyan disability community has said that Kenyan politicians who made campaign promises to prioritize disability rights have failed to fulfill those promises, thus perpetuating social exclusion and discrimination. The disability community has appealed to the three main political parties to follow through with their campaign promises and to act decisively to enable the rights of people with disabilities in Kenya.
The structure of Kenya's government was recently changed from a presidential system to a partial parliamentary democracy. With this change, the disability community is seeking effective participation and representation in the government's decisionmaking bodies.
Full story:
Kenyan Disabled Seek Inclusion in Coalition Government, Afriquenligne, (March 28, 2008) (URL no longer available).
3. New Resource on Disability in UK
West Berkshire's "DISABILITY Information" re-launched its website this March in an effort to resume providing online information about disability. The website is now being funded by the West Berkshire Council through the use of lottery funds. DISABILITY Information also operates a two hour helpline service every weekday for adults with physical disabilities.
The website information is available at www.diwb.org. The hotline, (01635) 552064, is open from 11am to 1pm Monday through Friday.
Full story:
Haji, Janya, New Website Launched to Provide Locals with Information About Disabilities, Newburytoday.co.uk (March 26, 2008), available at
http://www.newburytoday.co.uk/News/Article.aspx?articleID=6502
4. Canada Increases Disability-Related Tax Credits
In Canada, people with severe disabilities and those who provide care for people with disabilities will receive better tax breaks when they file their taxes next year. Two of the four disability-related tax credits essentially doubled when they increased from approximately $4,000 to approximately $8,100, and a third credit increased from approximately $7,000 to approximately $8,100. These increases are expected to offset the high prices people with disabilities often pay for modifications of items such as vehicles and houses.
Full story:
Cowan, Regina, Disability-Related Tax Credit to See Increases in 2008, Leader-Post (March 21, 2008), available at
http://www.canada.com/reginaleaderpost/n...e6b05f9&k=80260
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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. (Rehab), M.S. (ECE); Associate Editors Lauren Chanatry, B.A., Roufeda Ebrahim, B.A., Janelle Frias, B.A., Carrie Auringer, B.S., Rachel L. Bubb, B.A., and Jessalyn Davis, B.A.; and Staff Writers Amanda Bernasconi and Shazah Sabuhi.
http://disability.law.uiowa.edu/
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