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Volume 5, Issue 3, April 11, 2008
      Fri Apr 11 2008 05:36 PM

The Burton Blatt Institute: Centers of Innovation on Disability Law, Health Policy & Disability Center

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.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

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

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

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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