On Thursday, September 25, 2008, President Bush signed Senate Bill 3406--an
assertive effort to restore the original congressional intent of the 1990
Act. The amendments signal marked departures from recent Supreme Court decisions
that effectively limited the scope of protection offered by the Act. This
Act changes the standards courts will use to determine whether an individual
has a disability and therefore falls under the protection of the Act by
precluding courts from considering "mitigating measures" an individual might
use, such as medication, hearing aids, or prosthetics. The amendments
also state that impairments that are "episodic or in remission [are]
a disability" if they limit a major life activity when active.

Full Story:
Kaiser Network, President Bush Signs Legislation to Expand Protections Under
the Americans with Disabilities Act, Kaiser Daily Health Policy Report, September
26, 2008, available at

http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=54684

S. 3406, ADA Amendments Act of 2008, available at

http://www.thomas.gov/cgi-bin/query/C?c110:./temp/~c110m2NIO8

A ruling from the Second Circuit Court of Appeals explicates the respective
burdens of proof borne by plaintiffs and defendants in cases. Plaintiffs
June Roberts (who is now deceased) and Stephen Lee filed suit against Royal
Atlantic Corporation, alleging that the Montauk, NY, resort was inaccessible
to wheelchair users. They relied on an ADA regulation requiring that places
of public accommodation are to be made accessible to individuals with disabilities
to the "maximum extent feasible." At the trial level, the District
Court judge found that the plaintiffs had not shown that Royal Atlantic's
property was altered after 1992 and therefore had not satisfied the requirements
of the regulation.

The Second Circuit reversed, finding that the resort had done enough renovation
to fall within the meaning of the regulation. Since the plaintiffs presented
a feasible proposal for making the resort's rooms wheelchair accessible,
the burden of proof now requires the defendant to show that accessibility
would be virtually impossible. The decision represents a departure from earlier
law, and clarifies the extent to which places of public accommodations are
obligated to make their facilities accessible during the course of alterations.
Title II entities are now responsible for ensuring that renovations make
facilities accessible to the maximum extent feasible. In other words, accessibility
is required unless "virtually impossible" given the existing structure. The
defendant bears the burden of proving such impossibility.

Full Story:
Mark Hamblett, 2nd Circuit Finds Alterations Open Resort to Disabilities
Act, New York Law Journal, September 19, 2008, available at

http://www.law.com/jsp/article.jsp?id=1202424637094&rss=newswire

A federal district court judge in San Francisco approved a settlement agreement
between members of a class action lawsuit and the City and County of San
Francisco. The
suit, filed in 2006, sought to prevent unnecessary institutionalization at
Laguna Honda Hospital. The settlement agreement creates up to 500 city-funded
subsidies for accessible housing units and coordinates services across city
departments to enable individuals with disabilities referred to Laguna Honda
instead to live in a community-based setting. Other terms of the settlement
agreement include access to nursing care, case management, substance abuse
help, and mental health services in the community. The settlement agreement
has been received with enthusiasm from stakeholders in the disability community,
who praise San Francisco's commitment to moving away from institutionalization
and into integrated community settings.

Full Story:
Elissa Gerson, Groundbreaking Settlement Agreement with San Francisco: New
Housing and Community Services Created for Seniors and Adults with Disabilities,
September 19, 2008, available at

http://jfactivist.typepad.com/jfactivist/2008/09/groundbreaking.html

Settlement agreement available at

http://www.pai-ca.org/advocacy/LHH/Settlement_Agreement_FINAL_12-03-07.pdf

The United States Department of Education is throwing further support behind
the idea of "response to intervention," or RTI, an educational
technique offering assistance to students who need additional support in obtaining
academic and behavioral achievement in the classroom. This early intervention
method is aimed at students of all ages, with a special focus on students between
kindergarten and third grade. Although RTI was not specifically
designed for students in special education, all students can benefit from the
program. Additionally, the Department of Education supports "coordinated,
comprehensive early-intervening services," a way to use federal special
education funds to pay for RTI-related programs. Through these programs,
authorities hope to collaborate and coordinate general and special education
by reducing academic and behavioral problems in the classroom.

Full Story:
Christina Samuels, Special Education Is Funding Early Help, Education Weekly,
Volume 28, Issue 03, Pages 1, 12-13, September 10, 2008, available at

http://www.edweek.org/ew/articles/2008/09/10/03ceis_ep.h28.html

An unidentified number of students in the New York City School System have
been left without school placements this academic year. Many students
who have been identified as needing special education have been informed
by their schools that there is simply no room for them, forcing the students
and their families to attempt to find alternate means of education. Randi
Weingarten, President of the City Teachers Union, stated proper procedure
for filing a complaint is with the State. In the meantime, families and
students are spending their days exploring other options or waiting outside
centers such as Advocates for Children of New York hoping to find a solution.

Full Story:
Elizabeth Green, Public Schools Turning Away Special-Ed Students, New York
Sun, September 11, 2008, available at

http://www.nysun.com/new-york/public-schools-turning-away-special-ed-students/85631/

Professors Alfredo J. Artiles and Elizabeth B. Kozeski have been selected
to edit a new book series entitled Disability, Culture & Equity. Teachers
College Press invited the Arizona State University professors to create a
series touching on issues affecting the education of students with cultural
and linguistic differences. Additionally, the authors give recommendations
on how to develop an interdisciplinary approach to study issues of race,
ethnicity, social class, language, gender, and disabilities. These
central themes have been defined largely because of Artiles and Kozleski's "emerging
conceptualization of special education." The authors hope to
use the series to achieve more equity for students in education. Any
authors interested in submitting proposals for the series can contact Artiles
or Kozleski. (alfredo.artiles@asu.edu, elizabeth.kozleski@asu.edu).

Full Story:
Verina Palmer Martin, Artiles, Kozleski to Co-edit Special Education Book
Series, ASU News, September 9, 2008, available at

http://asunews.asu.edu/20080909_edbookseries

Designer Chueh Leehas created the "Touch Sight," what may
be the world's first camera for persons with visual impairments, enabling
exclusive use of hearing and touch to take photographs. Instead of a
standard LCD screen, this revolutionary device uses a flexible Braille display
sheet which displays a 3D image the user can touch. Also, the camera
features a device that records sound for three seconds after the user presses
the shutter button. According to Lee's research, holding the camera
to the forehead allows the user to better stabilize the camera and take optimal
photographs. Furthermore, Lee explains, "[people with disabilities]
regularly use their non-visual senses to feel the world and manifest it into
a mental photograph." Thus, people with visual impairments will have
no difficulty determining distances of objects in the photograph, and they
can sense heat from the sun or a lamp to detect a light source.

Full Story:
Anthony James, This Camera is Outa Sight! Yanko Design: Form Beyond Function
(August 13, 2008), available at

http://www.yankodesign.com/2008/08/13/this-camera-is-outta-sight/?nl=tech&emc=tech

A father-son duo has created a portable device allowing for face-to-face
communication through the use of two displays and two keyboards. Jason Curry, the CEO
of Simultaneous Communications (sComm), and his father are the creators of
the UbiDuo. The device enables hearing impaired individuals to have direct
conversations with other deaf or hearing people in any situation and at any
time, because the UbiDuo does not require an internet connection or a cell
tower. "You could be on the top of a mountain or on the ocean," said
Curry. "The UbiDuo will work anywhere."

Full Story:
Exceptional Parent Magazine, Father and Son Team Create the UbiDuo, EP Global
Communications, Inc., September 1, 2008, available at

http://www.eparent.com/main_channels_technology/Father_and_Son_Team_Create_the_UbiDuo.asp

(free registration required, then search for "Father and Son Team Create
the UbiDuo")

Many businesses and government agencies have found it difficult to comply
with the ADA's requirement to make public documents accessible to persons
who are blind or visually impaired. Because businesses are unable to
anticipate demand for specific Braille documents, it can be quite challenging
and costly to keep a stocked library of them. Braille Works has created
a system called 'Access on Demand' giving government agencies
and large businesses an easier way to comply with the ADA's regulations. Instead
of keeping a stocked library of Braille documents, Access on Demand enables
organizations to register their public documents with Braille Works online
in addition to a link or a phone number where customers can order the alternative
file. After Braille Works receives the order and puts the document in the
correct format, it sends the document directly back to the organization;
allowing customers to view the document when requested without delay.

Full Story: Braille Works Makes ADA Compliance Easy and Affordable
with New Service Offering, eMedia Wire, General News Release, September 16,
2008, available at

http://www.emediawire.com/releases/2008/9/prweb1322274.htm

New Yorkers suffering psychologically from the effects of the September
11 terrorist attacks are gradually healing. According to a new report from
the World Trade Center (WTC) Health Registry, of the 68,444 adults studied
in the NYC area, 35 percent of individuals who were injured during the attacks,
and 31 percent of low-income people and 30 percent of Hispanics, who were
at or near the site of the attacks reported post-traumatic stress disorder
(PTSD) in the two to three years following the attacks. Katherine L. Muller,
director of psychology training and director of the Cognitive Behavior Therapy
Program at Montefiore Medical Center in New York City, explains, "[we are]
seeing more and more people reaching natural recovery." The natural
recovery process is longer for those directly involved in the attacks.

Full story: Amanda Gardner, 9/11's Psychological Scars Slowly Healing,
Washington Post, September 11, 2008, available at

http://www.washingtonpost.com/wp-dyn/content/article/2008/09/11/AR2008091101222.html

For more information:
An Overview of 9/11 Experiences and Respiratory and Mental Health Conditions
among World Trade Center Health Registry Enrollees, Journal of Urban Health:
Bulletin of the New York Academy of Medicine, September 11, 2008, available
at

http://www.springerlink.com/content/x101jg5460720690/

After conducting a survey of 28,141 households, the University of North
Carolina at Chapel Hill found families with children with disabilities, regardless
of income, are struggling to keep food on the table, pay the bills and afford
medical care. In fact, the results show a large percentage of struggling
families are from higher-income households. As the nation continues to
experience economic hardships, many people argue the federal standards for
determining the needs of the poor are not covering a wide enough population. "The
bottom line is that U.S. families raising children with disabilities are reporting
severe hardships at rates that are chilling, including families that are solidly
middle-class," said Susan L. Parish, Ph.D., the study's lead
investigator and an assistant professor in the UNC School of Social Work.

Full Story: The University of North Carolina at Chapel Hill, UNC Study:
'Chilling' Hardship Rates Among Families Raising Disabled Children, August
18, 2008, available at

http://uncnews.unc.edu/news/health-and-m...d-children.html

On July 21, 2008, the Social Security Administration (SSA) issued final
rules designed to improve the performance of the Ticket to Work program,
because the original program has not had the impact that Congress intended.
SSA made four changes to the existing program by 1) including more beneficiaries
under the program, such as individuals who are expected to improve medically,
2) increasing incentive payments for Employment Networks (ENs), 3) increasing
the value of the ticket by allowing beneficiaries to combine
services from State VR agencies and ENs more effectively, and 4) combining
Social Security work incentive initiatives, such as the Ticket to Work Program
and the Work Incentives Planning and Assistance program.

Full Story:
Social Security Administration, Social Security Announces Improvements to
the Ticket to Work Program, Press Releases, May 20, 2008, available at

http://ssa.gov/pressoffice/pr/tickettowork-pr-0508.htm

In 2007, Network IP launched JobEnable.com, an online bank that assists
individuals with disabilities identify employment opportunities as a way
of supporting Matt Lawrence, a Network IP employee who developed a progressive
neurological disorder. While candidates with disabilities can post resumes
and search the database for job openings free of charge, employers are usually
charged a fee to post jobs and search the resume database for qualified job
applicants that have a disability. However, in October, commemoration of
National Disability Employment Awareness Month, JobEnable.com is allowing
employers to post jobs for free. To take advantage of this opportunity, you
can visit JobEnable.com and post a job using the promo code "HIRE" at
checkout.

Full Story:
PR Web, JobEnable.com Offers Free Job Postings to Commemorate National Disability
Employment Month, September 11, 2008, available at

http://www.prweb.com/releases/2008/9/prweb1318644.htm

In July, the U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) launched the Good Faith Initiative for Veterans
Employment (G-FIVE) and Ensuring the Accessibility of Online Application
Systems (EAOAS). The goal of these programs is to assist veterans and individuals
with disabilities to acquire jobs more frequently with the federal government.

G-FIVE uses various incentive programs for federal contractors and subcontractors
to encourage hiring of veterans. Thus, when contractors earn a G-FIVE rating
for outstanding achievements in employing covered veterans, they will receive
a certificate of recognition and a three year exemption from OFCCP compliance
evaluations, and will be published on the OFCCP website. The EAOAS program
requires OFCCP to include a review of federal contractors' electronic
or web-based application systems in all of its compliance evaluations to
ensure accessibility to individuals with disabilities.

Full Story:
Mintz Levin Employment, Labor and Benefits Group, United States: Employment
Advisory: U.S. Department of Labor's Office of Federal Contract Compliance
Programs Unveils New Initiatives for Veterans and Individuals with Disabilities,
Mondaq Business Briefing, September 2, 2008, available at

http://www.mondaq.com/article.asp?articleid=65284&login=true

(free
subscription required)

For More Information:
U.S. Department of Labor Announces Two New Initiatives Aimed at Promoting
Hiring of Veterans and Applicants with Disabilities, U.S. Department of Labor,
July 24, 2008, available at

http://www.dol.gov/esa/ofccp/

Arts Access, a program established in 1993 and sponsored by the Matheny
School and Hospital in Peapack, New Jersey, provides opportunities for people
with disabilities to participate in a variety of visual and performing art
sessions. Although Arts Access includes writing, sculpturing, choreography
and wheelchair dancing sessions, it is most famous for its painting program.
Trained facilitators assist individuals with disabilities such as cerebral
palsy and spina bifida in creating masterpieces that are later displayed
at venues such as Carlitos Café y Galeria in East Harlem and ABC headquarters
near Lincoln Center.

Because 90 percent of the participants in the program are unable to speak,
Arts Access enables them to use a keyboard-like device to type messages to
their facilitators, instructing them on how to paint the picture as they
envision it. The paintings can then be sold to vendors, in which half of the proceeds
go to the artist, and the other half goes to the Arts Access Program. Arts
Access will be celebrating its 15th anniversary this year at the Robert Art
Center on the Matheny campus.

For more information: Tammy La Gorce, Promoting Self Expression, New
York Times, September 12, 2008, available at

http://www.nytimes.com/2008/09/14/nyregion/nyregionspecial2/14artsnj.html?_r=1&oref=slogin

Due to de-institutionalization and advances in medical treatments and procedures,
studies show people with developmental disabilities are living longer today
than in the past. In fact, the current generation of elderly people
with developmental disabilities is the first generation to largely outlive
their parents. To help families plan to provide the necessary care
and medical treatment for their loved ones in the event of their passing,
the New York State Office of Mental Retardation and Developmental Disabilities
established a task force to provide more support for the elderly with developmental
disabilities. Services include improving health assessments and screenings
as well as providing programs that would enable these individuals to live
at home or in the community.

Full Story:
Chris Swingle, Aging Presents Challenges for Disabled, Providers, Rochester
Democrat and Chronicle.com, August 17, 2008, available at

http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20080817/NEWS01/808170352/1002/NEWS

also http://www.omr.state.ny.us/index.jsp

In 2006, FEMA assessed nationwide state emergency response plans and found
a shortage of workable plans when planning for people with disabilities.
In an effort to assist states in their emergency preparedness for people
with disabilities, FEMA has released an interim guide focused on "involving
special needs populations in planning." The guide provides emergency
managers with the ability to "address the function based needs of individuals," and
will be reviewed after the 2008 hurricane season when FEMA will get feedback
from those who use the guide this season.

Full Story:
FEMA, FEMA Announces Interim Release of Comprehensive Preparedness Guide
301 for Special Needs Populations, August 15, 2008, available at

http://www.fema.gov/news/newsrelease.fema?id=45435

Guide:
Comprehensive Preparedness Guide (CPG) 301, Interim Comprehensive Emergency
Management Preparedness Guide for Special Needs Population, FEMA, August
15, 2008, available at

http://www.fema.gov/pdf/media/2008/301.pdf

On August 25, 2008, a fire alarm went off in a high-rise apartment building
near downtown Houston, Texas. The fire turned out to be small and quickly extinguished;
however, Pam Singer was unaware of this and continued to evacuate the building.
Because Ms. Singer is partially paralyzed and uses a motorized wheelchair,
she could not evacuate from her 25th floor apartment on her own. Eventually
she was picked up and carried down the stairs by her next door neighbor, Mr.
LeNormand.

While Mr. LeNormand was honored by the city council for this act, disability
activists used the situation to remind the public of the challenges people
with disabilities face in an emergency. Some suggestions made for people
with disabilities living in high-rise apartments include

• Find out if your stairwells are constructed with fire-resistant materials,
  thus creating a safe place to wait for help.


• Contact building managers and make them aware of your needs for assistance,
  and


• When traveling and staying in high-rise hotels, evaluate the building
  and practice an escape route.

Full Story:
Allan Turner, Fire Safety Focuses on the Disabled: Recent Blaze at High-Rise
Indicates Challenges Faced During Evacuation, Houston Chronicle, August 2008,
available at

http://www.fireengineering.com/news/print.html?id=166354&bPool=FE.pennnet.com%2Farticle_tool_bar

China announced that it will allocate 600 million yuan ($87.71 million USD)
this year to build 190 schools for students with disabilities, according
to a Beijing official. This project is part of a reform that began 30 years ago to improve
the overall education of people with special needs in China. "The
government will gradually increase its input in education for [people with disabilities]
by allocating more funds and resources to raise the proportion of these people
who can get access to education," said Sun Xiande, deputy director-general
of the China Disabled Persons' Federation. Since the reform was
launched, the Chinese government has built special education programs for
adult education, higher education, vocational training and fundamental education.

Full Story:
Xinhua, China to Inject 600m Yuan to Build Schools for Disabled, China Daily,
September 11, 2008, available at

http://www.chinadaily.com.cn/bizchina/2008-09/11/content_7019278.htm

HelpHandicap Foundation (HHF), a non-profit organization that works to improve
the lives and offer opportunities for people with disabilities in India,
approved $100,000 for various programs in 2008. Since it was founded in
May 2001, the HHF has worked to fulfill its mission "to integrate disabled
people in India into mainstream living, to help them become self supporting
and independent, and enable them to lead an undiminished and accomplished
life."

Over the years, HHF has provided disabled individuals with housing and meal
services, education assistance and self-employment programs. One such project,
the Home for Disabled Orphans, Aligarh, received $10,000 to build an accessible
ward for orphans with disabilities in India. HHF plans on working with
another NGO in the near future to conduct medical/equipment camps to increase
awareness of disability-related medical issues in different parts of India. Calipers,
wheelchairs, crutches and hearing aids will be distributed to those with
special needs.

Full Story:
Exceptional Parental Magazine, New Foundation Seeks to Enable People with
Disabilities in India, EP Global Communications, Inc., August 6, 2008,
available at

http://www.eparent.com/home_international_disability_news/New_Foundation_Seeks.asp

Learn more about HHF:

www.helphandicap.org

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