A settlement agreement between six plaintiffs and Concord Hospital in New
Hampshire requires the hospital to pay plaintiffs $100,000 and to establish
a program facilitating communication with people with hearing disabilities.
The plaintiffs alleged the hospital failed to provide services that would
have allowed them to communicate with hospital personnel. In one plaintiff's
case, her inability to communicate with hospital staff led to unnecessary
testing and delay because doctors misunderstood her symptoms. The
confusion led to the patient not learning her diagnosis until two days after
her treatment had started.

The new program will create positions for hospital personnel who will determine
whether any assistance is necessary for incoming patients or their companions. The
hospital will provide sign language, oral and tactile interpreters, and access
to technological services, and perform outreach efforts and training for
personnel.

Full Story:

Shira Shoenberg, Hospital Settles with Deaf Patients on Communication, Concord
Monitor, September 28, 2008, available at

http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20080927/FRONTPAGE/809270356/1043/NEWS01

A court order from the District Court of Maryland requires the Washington
Redskins to provide "equal access to aural content" to all patrons,
including those with hearing impairments. Since the lawsuit's commencement
in 2006, some issues have already been resolved, including providing captioning
for play-by-play and emergency information. Although the Redskins have
long provided assisted listening devices to visitors who request them, new
steps taken pursuant to the court order will improve access to all aspects
of a football game and its accompanying "goods, services, facilities,
privileges, advantages, or accommodations."

Full Story:

Associated press, Redskins Ordered to Provided Hearing-Impaired Fans 'Aural
Content' in Stadium, ESPN.com, October 2, 2008, available at

http://sports.espn.go.com/nfl/news/story?id=3622808

The Women's Commission for Refugee Women and Children has published
a report detailing the results of a six-month-long assessment of the status
of displaced persons with disabilities. The project sought to identify
existing services for refugees, as well as gaps in services and good practices.
The report distinguishes between refugee camp and urban settings. Findings
address issues of identification and assessment of individuals with disabilities,
camp layouts and infrastructure, nutrition, health and psychosocial services,
inclusive education, vocational training, protection, and participation in
the community. The report uses specific case studies to illustrate its
findings. Recommendations address the issues raised in the findings,
and speak both to humanitarian actors generally and specifically to the United
Nations High Commissioner for Refugees and the international community.

Full Report:

Women's Commission for Refugee Women and Children, Disabilities Among
Refugees and Conflict-Affected Populations, June 2008, available at

http://www.womenscommission.org/pdf/disab_fulll_report.pdf

The Americans with Disabilities Act Amendments Act, signed on September
25, 2008, could greatly expand the scope of protection offered for students
with disabilities under Section 504 of the Rehabilitation Act of 1973. Originally,
Section 504 prohibited federally funded organizations, such as schools, from
discriminating against students with disabilities, unless the student could "be
brought up to the standards of an average peer through the use of 'mitigating
measures' ... ." Examples of mitigating measures include medication
that students must take in school for disorders such as diabetes.

The recent changes in the ADA accommodate more students under Section 504,
by rejecting schools' ability to deny a student protection from discrimination
due to their use of mitigating measures. Furthermore, courts are now
required to interpret the bill more broadly making additional students eligible
for protection under the "504 plan."

Full Story:

Christina A. Samuels, Changes to Disability Act Seen as Offering Students
Protections, Education Week, vol. 28, Issue 5, Page 26, September 24,
2008, available at

http://www.edweek.org/ew/articles/2008/09/24/05ada.h28.html

(Free subscription required)

According to a 2006 report issued by the United States Department of Education,
students who are identified as "emotionally disturbed" have the
lowest graduation rate and the highest dropout rate of all other monitored
group of students with disabilities. As a result, the federal government
has issued a $9.6 million grant for the development of the National Research
and Development Center on Serious Behavior Disorders at the Secondary Level. Under
the grant, a group of seven universities will work collectively to develop
the center and provide research methods for educating these groups of students
in a more proactive manner.

The five-year grant will be divided into two major periods of time. In
the first two years, Lehigh University, James-Madison University, and the
University of Missouri will pilot small group programs "designed to reach
adolescents with emotional and behavior disorders." Such programs include
teaching the students organizational skills as well as healthy living habits.
Following the small group pilot studies, a larger group of students will
be included to track results over the remaining three years of the grant.

Full Story:

Christina A. Samuels, Behavior Disorders in Teens Are Focus of New R&D
Effort, Education Week, Volume 28, Issue 2, Pages 1, 12, September 3, 2008,
available at

http://www.edweek.org/ew/articles/2008/09/03/02behavior_ep.h28.html

(Free subscription required)

Because of vehement opposition by parents of students with disabilities,
the Virginia Board of Education has recently approved a revised version of
its special education regulations. The revisions include removing a proposal
that could have allowed schools to stop providing special education services
to students without parental consent. Additionally, the board amended
a directive that moved educational appeal hearings into the Education Department
as opposed to the Virginia Supreme Court.

Full Story:

Associated Press, Va. Board Drops Changes Fought by Parents of Special Education
Students, Education Week, Vol. 28, Issue 6, Page 4, October 1, 2008, available
at

http://www.edweek.org/ew/articles/2008/10/01/06brief-6.h28.html

(Free subscription required)

Apple, Inc., has recently agreed to reprogram iTunes making it accessible
to people with visual impairments by installing a voice command option. The
feature enables an auditory rendition of every word the mouse slides over,
including titles of movies, television shows and songs. In addition to music
and movies, students with vision impairments will be able to use this feature
to access educational lectures and content from colleges and universities
on the iTunes U program. The agreement requires Apple, Inc., to make
the new features available for all systems by next June.

Full story:

Jay Lindsay, Apple Makes iTunes More Accessible for the Blind, Associated
Press, September 26, 2008, available at

http://news.yahoo.com/s/ap/20080926/ap_on_hi_te/tec_itunes_blind

Researchers at MIT are developing a wheelchair that automatically responds
to the user's verbal commands. The wheelchair, which is programmed
to "learn" about the location of a building, will take the user
from one area to another without the need for manual controls by the occupant. To
program the device, users will take the wheelchair on a guided tour of the
building and identify important objects along the way, such as "my room" or "the
kitchen." The current wheelchair prototype uses a WiFi system,
requiring the installation of WiFi nodes throughout the building to detect
signals. Researchers are also looking for ways to incorporate object
detecting systems as well as mechanical arms to aid the occupants in picking
up objects en route.

Full Story:

Science Daily, Voice-Commanded Robot Wheelchair Finds Its Own Way, September
22, 2008, available at
http://www.sciencedaily.com/releases/2008/09/080922185547.htm

Talking Points, a new Bluetooth system, allows individuals to receive information
about businesses and buildings they pass as they walk along the street. Talking
Points can help individuals with visual impairments find certain buildings,
such as public restrooms or police stations, as well as provide information
about sales and specials going on inside area businesses. Business owners
can install and program devices that give information about their stores
or services, which they can update frequently via the Internet. Users of
the system carry a device (about the size of a paperback book) using voice
or touch command options to receive more information about a specific business.
Additionally, users of Talking Points can access comments about a business
submitted by other users.

Full Story:

British Journal of Healthcare Computing & Information Management, Bluetooth
System Orients Blind and Sighted Pedestrians in Urban Environments, October
2, 2008, available at

http://www.bjhcim.co.uk/news/2008/n810004.htm

An earmark requiring equal insurance coverage for physical and mental illnesses
was included in the $700 billion economic bailout bill passed on October
3. Most health plans provide less coverage for mental illnesses than for
physical ailments such as broken bones or cancer, but the new law will require
providers to adjust coverage making it equal across the board. Treatment
for depression, autism, schizophrenia, eating disorders, and addictions will
be more accessible to people who need it, thus affecting about 113 million
people. On average, premiums will increase about two-tenths of a percent,
and small businesses employing fewer than 50 people will be exempt. The law
becomes effective on January 1, 2010.

Full Story:

Robert Pear, Bailout Provides More Mental Health Coverage, New York Times,
October 5, 2008, available at

http://www.nytimes.com/2008/10/06/washington/06mental.html?pagewanted=1&_r=1&ref=health

On September Sept. 25, 2008, federal health officials recommended Medicare
participants shop around for next year's coverage. Next year, the program
will face price increases and changes in the covered drugs. While there will
still be plenty of healthcare providers to choose from next year, staying with
the same provider could cause retiree's monthly premiums to increase
anywhere from 8 to 64 percent. Most Medicare participants may even be able
to receive prescription drug coverage for less than they pay now if they explore
the program's various options. Medicare recipients can choose a regular
drug plan or they can opt to get health benefits through the Medicare Advantage
program, which the federal government subsidizes at a higher rate than regular
drug plans. Enrollment for next year's coverage begins on November
13.

Full story:

Kevin Freking, Medicare Officials Advise Seniors to Shop Around, Washington
Post, September 25, 2008, available at

http://news.yahoo.com/s/ap/20080925/ap_on_he_me/med_drug_plans

On Sept. 30, 2008, California governor Arnold Schwarzenegger signed a
bill requiring insurance providers to pay for HIV screening, regardless
of any primary diagnosis. Lawmakers hope that removing the almost $30 cost
of the test would also remove the stigma associated with being tested,
and encourage people to be screened more regularly. This law and a law
from last year which removes the need for patients to provide written consent
before being tested for HIV, is another step towards the Centers for
Disease Control and Prevention's
recommendation of routine HIV screening in 2006. An estimated 40,000
people in California are unaware they are infected with HIV, and experts
recommend routine screening as the most effective way to prevent the spread
of new infections. The law guarantees coverage for 22.19 million people
and will take effect next year.

Full Story:

Rebecca Cathcart, California to Cover Cost of Screening for HIV, New
York Times, October 1, 2008, available at

http://www.nytimes.com/2008/10/02/us/02hiv.html?ref=health

On September 2, 2008, the U.S. Department of Labor's Office of Disability
Employment Policy (ODEP) and Major League Baseball (MLB) launched the PITCH
campaign encouraging businesses to hire individuals with disabilities. Former
MLB pitcher, Jim Abbott, who was born without a right hand and who pitched
ten years in the major leagues, will serve as the campaign spokesman. According
to the Census Bureau's American Community Survey in 2006, the employment
rate of people with disabilities was 37.7 percent, compared to a 79.7 percent
employment rate for people without disabilities. The purpose of this campaign
is to make businesses aware of the talent that individuals with disabilities
bring to their organizations so they are no longer underutilized.

Full Story:

U.S. Department of Labor, U.S. Department of Labor and Major League Baseball
Launch 'PITCH' Campaign to Encourage Businesses to Hire People
with Disabilities, September 2, 2008, available at

http://www.dol.gov/opa/media/press/odep/odep20081239.htm

For more information,

http://www.ability.dol.gov

Prior to falling down a flight of stairs and injuring her hip, Denise F.
had an 18-year career with the federal government as an administrative professional.
Denise was forced to leave the workforce to recuperate due to the fall. After
her recuperation, Denise learned about the Employer Assistance & Recruiting
Network's (EARN) website (www.EARNWorks.com).
The site, funded by the U.S. Department of Labor's Office of Disability
Employment Policy, focuses on connecting employers with jobseekers with disabilities.
On EARNWorks.com, Denise found a job posting for an office assistant's
position with the National Credit Union Administration (NCUA). She was offered
the job through Schedule "A" hiring authority, which allows federal
agencies to hire people with disabilities quickly, bypassing the competitive
hiring process. Denise is pleased with her job and the NCUA is pleased with
Denise's work. As a result, the NCUA plans to continue using Schedule "A" in
the future.

Full Story:

U.S. Department of Labor, Workers with Disabilities: Talent for a Winning
Team, October
2008, available at

http://www.dol.gov/odep/talent/102008.htm

On August 20, 2008, the Department of Labor (DOL) launched a new initiative,
America's Heroes at Work. The program focuses on the employment challenges
of returning service members from Afghanistan and Iraq who have Traumatic
Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD). The purpose
of the program is to help these veterans succeed in the workplace. Injuries
and conditions such as TBI and PTSD often serve as barriers to employment,
but these individuals can succeed with workplace support and employment can
aid greatly in their recovery. Through this program, the DOL will provide
employers with the necessary support and education to help service members
with TBI and PTSD succeed
in the workplace.

Furthermore, the America's Heroes at Work website - www.AmericasHeroesAtWork.gov - educates
employers, HR professionals, and the workforce development system on accommodations
they can make for people with TBI and PTSD. This website is one part of the
outreach effort letting employers know that all veterans make great workers
who benefit the bottom-line of America's companies.

Full Story:

Remarks Prepared for Delivery by U.S. Secretary of Labor Elaine L. Chao America's
Heroes at Work Launch Washington D.C., Wednesday, August 20, 2008, U.S. Department
of Labor, August 20, 2008, available at


http://www.dol.gov/_sec/media/speeches/20080820_heroes.htm

A study published by the Proceedings of the National Academy of Sciences
concluded that extreme old age does not equal a loss of independence. The
study tracked all Danes born in 1905 for seven years starting in 1998, assessing
them at the ages of 94, 96, 98, and 100. The researchers found independent
living dipped only slightly within the seven-year span, from 38.9 percent
to 32.7 percent. Those who did survive to be 100, however, showed an increase
in disability, from 30.1 percent at age 92 to 67.3 percent at age 100. The
researchers attributed this increase to the high level of mortality in participants
who were dependent at the start of the study, and said those who lived the
longest were less likely to be dependent at age 92. Most importantly, the
authors concluded, "people
are no more dependent at 100 than at 92."

Full Story:

Nicholas Bakalar, Longevity: Independent, Even in Old Age, New York Times,
August 25, 2008, available at

http://www.nytimes.com/2008/08/26/health/research/26long.html

A new website, "My Voice, My Vote," helps educate young adults
with disabilities about their voting rights. The website includes resources
about registering to vote and the different ways to vote, videos about citizenship
and the importance of voting, and getting involved in issues. Additionally,
the website provides resources for teachers and program leaders and a ticking
countdown to Election Day. The site also provides links to other voter registration
and voting rights websites, as well as websites that detail the candidates
and their platforms. The website is a collaborative project of the Institute
on Community Integration, the Humphrey Institute's Center for Democracy
and Citizenship, Partnership Resources, Inc., and the Minneapolis Public
School System.

For more information:

My Voice, My Vote: Helping Yyoung Adults with Disabilities Exercise their
Right to Vote, available at

http://www.myvoicemyvote.org

The United Spinal Association utilized Disability Awareness Month and FDNY
Fire Prevention Week to get the word out about their new booklet entitled, "Fire
Safety for Wheelchair Users at Work and at Home." The booklet provides
information not only about getting out of a building caught on fire, but
also about "new building codes, protocols and procedures ..." in
New York. Furthermore, the booklet was created for a broader audience than
just people using wheelchairs. The audience includes building code officials,
building owners, and managers. The content of this booklet emphasizes ensuring
that the evacuation of people using wheelchairs is everyone's responsibility,
not just of individuals using wheelchairs. The free booklet is available
at http://www.unitedspinal.org/pdf/WheelchairFireSafety.pdf.

Full Story:

Market Watch, United Spinal Association Publishes Fire Safety for Wheelchair
Users Booklet, PR newswire, October 8, 2008, available at

http://www.marketwatch.com/news/story/un...1B%7D&dist=hppr

The Center for Disability and the Health Professions recently released an
After Action Report (AAR) on the response efforts to the Southern California
2007 wildfires in regards to people with disabilities. The AAR covers seven
main areas including cross-cutting issues, communication access, mass care
and shelter, evacuation and transportation, the roles of nongovernmental
providers and advocacy organizations in disaster response, long-term care
facilities, and training and exercise programs. While the report authors
admit the scope of the report is not comprehensive, they state that "[m]any
of the local government AAR reports are silent on these issues or vaguely
mention them." Thus,
this AAR focuses on the "silent issues" concerning people with
disabilities and provides 71 specific recommendations for improvement.

Full Report:

June Isaacson Kailes, Southern California Wildfires After Action Report,
Center for Disabilities and the Health Professions, September 2008, available
at

http://www.jik.com/CaliforniaWildfires.pdf

On October 8, 2008, Governor Crist signed executive order 08-211 enacting
a new alert system called the "Silver Alert." The "Silver
Alert" is a state wide alert system that will broadcast when "elders
with dementia or other cognitive impairment" go missing, much like the
Amber Alert. While Florida has about 4.3 million residents over the age of
60, and 501,000 probable Alzheimer's cases, the Department of Elder Affairs
anticipates that few of these seniors will ever need the Silver Alert. However,
the Department also notes that the system could save the lives of people
who do, in fact, need it.

Full Story:

Florida Department of Law Enforcement, Governor Crist Signs Executive Order
Creating Silver Alert, October 8, 2008, available at

http://www.fdle.state.fl.us/press_releases/20081008_Silver_Alert.html

Although the Chinese government promised to support and improve the lives
of people with disabilities in the months leading up to the 2008 Olympics
and Paralympics, officials have reinstated regulations limiting their rights. The
government recently halted the temporary permission for people with disabilities
to use guide dogs in public facilities and in public transportation without
fear of discrimination. Taxis, buses and subways can again reject people
using guide dogs from the use of their services.

Full story:

Dave Reynolds, Guide Dog Users Hope Chinese Government Renews Protections,
Inclusion Daily Express, September 24, 2008, available at

http://www.inclusiondaily.com/news/2008/09/23/092108chdogs.htm

Tiana Tozer, winner of the 2008 Paralympics bronze and gold medals in wheelchair
basketball founded the Iraqi Association of Disability Organizations (IADO). IADO
is made up of 32 organizations that work to improve the lives of the three
to five million people reported to have disabilities in Iraq. Specifically,
Tozer and IADO work to help these individuals fight for recognition and push
for laws improving education and establishing a Ministry for people with disabilities.
Additionally, Tozer has set up sports programs for people with disabilities,
including youth wheelchair basketball teams. Through their efforts, advocates
like Tozer are working to dismantle the lines that divide the sectarian boundaries
of Sunnis and Shiites. "The disability trumps the ethnic division and
that makes me proud," said Tozer.

Full story:

Nancy Bartley, U.S. Worker Helps Disabled Iraqis Create a Better Life, Seattle
Times, October 6, 2008, available at

http://www.etaiwannews.com/etn/news_content.php?id=755916

Many individuals in South Korea are objecting to the government's five-year-old
law that enables only people with legal blindness to become professional masseurs.
These protesters, who are sighted, yet unlicensed, practicing masseurs, feel
that the government should have no right to limit their choice of jobs. While
these individuals believe that the government decree is "excessively
discriminatory," supporters of the law say that the government is protecting
people with disabilities. Over the past five years, people with blindness
have led violent protests demanding more rights from the government. While
the government has made some changes to accommodate people with disabilities,
such as offering tax cuts for business that hire people with disabilities,
some feel more needs to be done.

Full story:

Choe San-Hun, For South Korea's Blind, a Livelihood Is Challenged,
New York Times, September 17, 2008, available at

http://www.nytimes.com/2008/09/18/world/asia/18massage.html

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