[blindlaw] Conference for studetns with disabilities

Mon Dec 18 16:35:29 CST 2006

 From the below newsletter: 
3. Conference for Students with Disabilities, January 27 - 28, 2007 
block quote

The American Bar Association's (ABA) Section of Individual Rights and Responsibilities' Committee on the Rights of Persons with Disabilities (IRR), along
with the ABA's Commission on Mental and Physical Disability Law and the ABA's Law Student Division, will be sponsoring a planning conference for a new
national student organization that will encourage those with disabilities to pursue careers in the legal profession as well as assist them in the admissions
process, throughout their tenure in law school, and in securing employment after graduation. Attendance at the conference is free and financial assistance
for travel expenses is available on a first-come first-serve basis. The conference is being held at American University's Washington College of Law, Washington,
D.C. 

For more information, contact IRR at (202) 662-1030 or go to: 
http://www.abanet.org/irr/studentconference.doc <http://www.abanet.org/irr/studentconference.doc>  
block quote end

  _____  

From: buzzcast at da039.wh01.infopop.net [mailto:buzzcast at da039.wh01.infopop.net] On Behalf Of david-klein at uiowa.edu
Sent: Monday, December 18, 2006 2:16 PM
To: Nightingale, Noel
Subject: The Disability Law & Policy e-Newsletter, Vol 3, No. 24

 The Burton Blatt Institute: Centers of Innovation on Disability<http://disability.law.uiowa.edu/lhpdc/images/bbi_logo.jpg>  Law, Health Policy & Disability Center<http://disability.law.uiowa.edu/lhpdc/images/lhpdc_logo.jpg> 

The Disability Law & Policy e-Newsletter
An electronic publication of 
The Law, Health Policy & Disability Center at the University of Iowa College of Law
http://disability.law.uiowa.edu/
and 
The Burton Blatt Institute at Syracuse University
http://bbi.syr.edu

December 18, 2006
Volume 3, Issue 24

<http://www.buzzcast.com/userimages/171/logo_2c.jpg> 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. INTERNATIONAL: News for and about disability topics outside the U.S.

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

A. CIVIL RIGHTS

1. Class Action Lawsuit Regarding Individuals with Mental Illness

	A U.S. District Court judge in Illinois has granted class-action status to a lawsuit brought by four individuals alleging that state policies in Illinois inhibit their ability to access community living in violation of the Americans with Disabilities Act. The lawsuit alleges that thousands of people with mental illnesses are being needlessly segregated and warehoused in large nursing homes in Illinois. 

	Full Story: 
	Federal Court Advances Challenge to Illinois Policy Warehousing Residents with Mental Illness, Bazelon Center for Mental Health Law, November 20, 2006, 
	http://www.bazelon.org/newsroom/2006/11-20-06Williams-v-Blagojevich.html 

	To read the complaint, go to: 
	http://equipforequality.org/news/pressreleases/williamsblagojevichfiles.php 

2. Settlement Reached in Lawsuit Against Zoological Society of San Diego 

	The Zoological Society of San Diego, which includes both the San Diego Zoo and Wild Animal Park recently settled a lawsuit brought by two patrons alleging discrimination on the basis of disability. The agreement states that the Zoological Society will discontinue its current "entrance policy" for patrons with disabilities who use motorized scooters or wheelchairs while in the parks. 

	Under the terms of the settlement agreement, the Zoological Society is allowed to disseminate written information about the safe use of motorized scooters and wheelchairs in the parks and publicize any offices that provide services or information to people with disabilities. The amount of money that the Zoological Society will pay the two patrons will remain confidential under the terms of the agreement.

	Full Story: 
	Scott Marshall, San Diego Zoological Society Settle Disability Lawsuit, North County Times, November 30, 2006, 
	http://www.nctimes.com/articles/2006/12/01/news/top_stories/11300669777.txt

3. Release of New ADA Tool Kit to Help Communities Meet ADA Regulations 

	The Civil Rights Division of the U.S. Dept. of Justice recently released the first segment of an Americans with Disabilities Act (ADA) Tool Kit to help communities, businesses, and state and local authorities improve compliance with ADA regulations because many communities nationwide still fail to comply with ADA regulations. The new technical assistance document aims to help communities better understand how to meet the needs of people with disabilities by teaching state and local government officials how to identify and solve problems that inhibit people with disabilities from gaining access to state and local programs, services, and activities. The use of the ADA Tool Kit is highly recommended for helping communities meet the needs of people with disabilities, but is not required. 

	Full Story: 
	U.S. Department of Justice, ADA Best Practices Tool Kit for State and Local Governments, December 5, 2006, 
	http://www.usdoj.gov/crt/ada/pcatoolkit/toolkitmain.htm

4. EEOC Files Class Action Lawsuit Against Denny's for ADA Title I Violations 

	A class action lawsuit has been filed against Denny's Inc., by the U.S. Equal Employment Opportunity Commission (EEOC) alleging that the restaurant chain violated Title I of the Americans with Disabilities Act. The lawsuit was filed on behalf of employees with disabilities who were not provided reasonable accommodations and were terminated after being denied medical leave in connection with their disabilities.

	The lawsuit was filed after a restaurant manager who had her leg amputated was denied reasonable accommodations and fired because of her disability. The EEOC alleges that Denny's has violated the rights of the class of workers with disabilities by maintaining a maximum medical leave policy that denies leave as required by the ADA as a reasonable accommodation.

	Full Story: 
	Denny's Sued in Class Action ADA Suit, Employment Practice Solutions, October 2, 2006, 
	http://www.epexperts.com/modules.php?op=modload&name=News&file=article&sid=2330 

B. EDUCATION 

1. Postsecondary Education Options for Students with Intellectual Disabilities

	Recognizing the challenges faced by students with intellectual disabilities and the benefits of college education, this article from the Institute for Community Inclusion evaluates the available postsecondary education options for students with intellectual disabilities. The article includes an overview of the types of options available for students looking to enter college and recommendations for improving access to postsecondary education for students with intellectual disabilities. 

	Full Story: 
	Debra Hart, Meg Grigal, Caren Sax, Donna Martinez and Madeleine Will, Postsecondary Education Options for Students with Intellectual Disabilities, Institute for Community Inclusion, University of Massachusetts-Boston, August 2006, 
	http://www.communityinclusion.org/pdf/rp45.pdf 

2. State Special Education Directors Hope NCLB Reauthorization Will Link Special and General Education More Closely

	During the recent conference for the National Association of State Directors of Special Education, a central theme emerged from the seminar presentations and attendees: there is one education community that includes both special education and general education. With the 2004 reauthorization of the Individuals with Disabilities Education Act, many state officials and educators feel that they are duplicating their efforts in monitoring and reporting requirements for students in special education.

	At the forefront of the conference was the issue of Response to Intervention (RTI). RTI is an instructional framework promoted in the IDEA as a possible technique for diagnosing learning disabilities. Under RTI, students who are struggling are provided increasingly intense lessons to address deficiencies. Many directors stated that they would like to see RTI incorporated into general education when No Child Left Behind is reauthorized in the coming year. 

	Full Story: 
	Christina A. Samuels, Special Education Directors Hope to Sway Federal Policy, Education Week, November 29, 2006, 
	http://www.edweek.org/ew/articles/2006/11/29/13spec.h26.html
	(free subscription required).

3. Conference for Students with Disabilities, January 27 - 28, 2007 

	The American Bar Association's (ABA) Section of Individual Rights and Responsibilities' Committee on the Rights of Persons with Disabilities (IRR), along with the ABA's Commission on Mental and Physical Disability Law and the ABA's Law Student Division, will be sponsoring a planning conference for a new national student organization that will encourage those with disabilities to pursue careers in the legal profession as well as assist them in the admissions process, throughout their tenure in law school, and in securing employment after graduation. Attendance at the conference is free and financial assistance for travel expenses is available on a first-come first-serve basis. The conference is being held at American University's Washington College of Law, Washington, D.C. 

	For more information, contact IRR at (202) 662-1030 or go to: 
	http://www.abanet.org/irr/studentconference.doc 

C. TECHNOLOGY / TELECOMMUNICATIONS 

1. Technology Enhances Opportunities for Faculty with Disabilities

	This article tells the stories of several people who work in academia and have disabilities. One law school dean describes his use of technology as enabling him to do everything that his job requires of him. Without the technology he relies on, he would not be able to perform his job adequately. For example, to assist him with his job, he uses a computer program that reads out synthesized speech of what appears on his screen.

	For more information: 
	Brendan O' Keefe, Academics Prove Disability No Bar to Achievement, The Australian, November 29, 2006, 
	http://www.theaustralian.news.com.au/story/0,20867,20838129-12332,00.html

2. Microsoft's Vista Includes New Accessibility Features

	According to Microsoft new features in Vista make it easier for all users, but particularly people with disabilities, to use computers. Vista offers speech recognition and improved magnification among other features. Several versions are currently available and the full basic package retails for $199.

	For more information: 
	Microsoft Corp., Microsoft Windows Vista and 2007 Office System to Deliver Greater Accessibility to EU Ageing Communities and People with Disabilities, EARTHtimes.org, November 29, 2006, 
	http://www.earthtimes.org/articles/show/news_press_release,27633.shtml

D. HEALTHCARE / BENEFITS

1. When Disability Aid Can't Provide for Toys & Haircuts, Special Needs Trust Can 

	Benefits issued by the government cannot always provide for the basic necessities of life, and parents won't always be present to care for their kids. This was the scenario for the Cotiauxes, who have an 18-year old son with mental retardation. They knew that later in life the benefits their son received from the government would not be enough to provide for their son's food and clothing. 

	However, a valuable solution is a Supplemental Needs or Special Needs Trust (SNT), which can be established with the help of an attorney. A SNT allows a person with disabilities the extra money he or she needs for haircuts, DVDs, or hobby supplies. The SNT allows families safely to put away money for their children without affecting the money the child receives from the government because the trust is set up in another person's name with the individual with the disability named as the beneficiary. 

	For more detailed information on a Special Needs Trust, see the following website: 
	http://www.altonweb.com/cs/downsyndrome/index.htm?page=feetrust.html

	Full Story: 
	Hillary Chura, Meeting Special Needs and the Need for Peace of Mind, New York Times, November 25, 2005, 
	http://www.nytimes.com/2006/11/25/business/25special.html?_r=1&oref=slogin 
	(free subscription required)

	For More Information: 
	Association of University Centers on Disabilities, Legislative News in Brief: Medicaid Commission, AUCD, November 20, 2006, 
	http://www.aucd.org/in_brief/Nov2006.htm 

	*Note: The Association of University Centers on Disabilities, or AUCD, is a non-profit organization that promotes and supports the network of university centers on disabilities across the country funded by the Administration on Developmental Disabilities. AUCD seeks to advance "policy and practice for and with individuals with developmental and other disabilities, their families, and communities." To visit AUCD's website, go to: http://www.aucd.org/ 

2. Medicaid Commission Calls for Change 

	The Federal Medicaid Commission, created by Secretary of Heath and Human Services Michael O. Leavitt to improve the Medicaid system, recently issued several sweeping recommendations. The Commission in its recommendations stated that Congress should alter Medicaid law to promote the use of home care and community services instead of nursing homes and institutions. Along with this recommendation, they advised that people with disabilities should be given more federal protections and choices regarding managed care plans. The Commission also recommended that the Bush administration increase federal subsidies for low-income groups and scale back subsidies for those with higher incomes to meet Medicaid's purpose to better serve lower income constituents. 

	Full Story: 
	Robert Pear, Panel Calls for Big Changes in Medicaid, N.Y. Times, November 22, 2006, 
	http://www.nytimes.com/2006/11/23/washington/23medicaid.html 
	(free subscription required)

E. WORKFORCE

1. A Study on the Level of Preparedness Amongst New Employees

	A study conducted by The Conference Board, Corporate Voices for Working Families, The Partnership for 21st Century Skill, and The Society for Human Resource Management on the various skills employers are seeking from future applicants was recently released. The study is based on in-depth surveys of 400 employers, along with interviews of senior executives and human resource personnel. The study concluded that young Americans are inadequately prepared to excel in the workforce, and that the U.S. has failed to provide them with the necessary skills to succeed.

	To view the full study, use the following link: 
	Jill Casner-Lotto, Are They Really Ready to Work?: Employer's Perspectives on the Basic Knowledge and Applied Skills of New Entrants to the 21st Century Workforce, 2006, 
	http://www.conference-board.org/pdf_free/BED-06-Workforce.pdf 

2. Online Professional Development Courses 

	The Employment and Disability Institute at Cornell University's School of Industrial and Labor Relations announced the creation of online professional development courses and certificates in Disability, Workplace & Employment Support Practice. ediONLINE is a virtual classroom that provides a series of online courses related to improving employment outcomes for individuals with disabilities. These courses specifically target managers, practitioners, advocates and policy makers in the area of disability.

	To learn more about the available courses, use the following link: 
	http://www.ilr.cornell.edu/edi/edionline/edionline.cfm 

3. The Promotion of Individuals with Disabilities in the Workforce

	The U.S. Department of Labor recently announced that their Office of Disability and Employment Policy is collaborating with the Society for Human Resource Management to advance the employment of individuals with disabilities. The objective of this alliance is to promote recruitment and hiring of workers with disabilities through a variety of resources.

	Office of Disability Employment Policy, U.S. Department of Labor Forms Alliance with SHRM to Promote Employment of Workers with Disabilities, 2006, 
	http://www.dol.gov/opa/media/press/odep/odep20061963.htm 

F. INDEPENDENCE

1. Court Rules that U.S. Currency Must Be Made Accessible to Individuals with Vision Impairments 

	Four years after the American Council of the Blind filed a lawsuit claiming violation of the Rehabilitation Act, U.S. District Judge James Robertson ruled that the U.S. Treasury Department's failure to design and issue paper currency that is readily distinguishable to individuals who are blind and visually impaired violates § 504 of the Rehabilitation Act. Of the 180 countries that issue paper currency, the United States is the only country that prints bills that are identical in size and color in all their denominations.

	To view the option in this case, go to 
	http://www.dcd.uscourts.gov/opinions/2006/2002-CV-0864~12:3:41~12-1-2006-a.pdf 

2. College Experiences for Students with Psychiatric Disabilities 

	For many freshmen starting college presents many new struggles such as negotiating class schedules, learning to live with roommates, and new-found sexual and social freedom. But for Jean Lynch-Thomason and Chris Ference, who have bipolar disorder, starting college presents different challenges such as use of campus counseling services, whether to take medication, and whether to disclose an illness to friends or professors. Each student learns to balance his or her education and disability in different ways.

	Full Story:
	Lynette Clemetson, Off to College Alone, Shadowed by Mental Illness, N.Y. Times, December 8, 2006, 
	http://www.nytimes.com/2006/12/08/health/08Kids.html?_r=1&oref=slogin 
	(subscription required)

G. INTERNATIONAL

1. Woman Injured in London Bombing Alleges Dismissal Was Discrimination

	Nattasher Gittens who was injured in the July 7 London bombings, believes she was unfairly dismissed due to her resulting disabilities after returning to work. Ms. Gittens experienced back and pelvic injuries, hearing problems, insomnia and depression as a direct result of being a bomb blast victim. Ms. Gittens, who was dismissed two months after returning to work for poor performance, is taking her case to an employment tribunal voicing that her dismissal was unfair pursuant to UK's Disability Discrimination Act (DDA). 

	The attorney has stated that her former employers did not take her disability and the surrounding circumstances into consideration before making a decision to fire her. They are hoping that the DDA will extend its protection against what they feel was a "shoddy" way to deal with her situation on the employer's behalf.

	The entire article can be accessed at: 
	Unfairly Sacked After Bombs - Claims, Yahoo News (UK & Ireland), November 23, 2006, 
	http://uk.news.yahoo.com/23112006/344/unfairly-sacked-bombs-claim.html 

2. International Community Expected to Follow the U.S. Lead and Improve Rights for People with Disabilities

	Peter Blanck, an academic and legal expert on disability issues, recently expressed his hope that the international community will takes a cue from the United States' Americans with Disabilities Act (ADA) and institute their own laws regarding citizens with disabilities, during a USINFO chat on the ADA. Several European countries use the ADA as a "touchstone" for their cases involving disabilities while former Soviet bloc countries have been slow to follow suit. Today, only 45 countries have anti-discrimination laws in place to protect those with disabilities, even though over ten percent of the world's population lives with a disability. Blanck hopes that the world community will become more uniform in their protection of persons with disabilities. Blanck also addressed how the U.S. legal system was considering issues such as telecommuting and access to technology for people with disabilities. 

	To view the article in its entirety, use the following link: 
	Rights for People with Disabilities Grow Worldwide, Lawyer Says, November 22, 2006, available at: 
	http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=November&x=20061122115406berehellek0.1968042&chanlid=humanrights 

3. The UN Convention on the Rights of Persons with Disabilities Is Adopted 

	The UN Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on December 13, 2006. The Convention, which was the most rapidly negotiated human rights treaty in the history of international law and will seek to protect more than 650 million persons with disabilities, enjoys a global consensus. This human rights treaty will require signing nations to increase awareness and do more actually to protect the rights of its citizens with disabilities, rather than just saying they will. Enforcement will largely be left to the individual nations, but the UN hopes to "reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others." 

	The Convention will be formerly opened for signing by nations on March 30, 2007, and will come into force after 20 countries ratify it, "a milestone likely to be reached in 2008 or 2009." 

	To read the full story: 
	Irwin Arieff, U.N. Adopts Landmark Treaty on Rights of Disabled, Reuters, December 13, 2006, 
	http://today.reuters.com/news/articlenews.aspx?type=topNews&storyID=2006-12-13T163942Z_01_N13441712_RTRUKOC_0_US-RIGHTS-DISABLED-UN.xml 

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

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., Senior Articles Editor Cynthia A. Smith, M.S., J.D., Managing Editor Deepti Samant, M.S.; Articles Editors Jason Mintz, J.D. (Technology) and Alexis R. Long, B.A. (Education); Associate Editors Dalinda Khuon, B.A. (Workforce), Rachel L. Bubb, B.A. (International), and Ekin Senlet, B.S. (Civil Rights); and Staff Writers Meghan Lisson and Juliette Lynch (Healthcare/Benefits), and Joie L. Hill (Independence).

http://disability.law.uiowa.edu/

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-------------- next part --------------
 From the below newsletter: 
3. Conference for Students with Disabilities, January 27 - 28, 2007
block quote

The American Bar Association's (ABA) Section of Individual Rights and Responsibilities' Committee on the Rights of Persons with Disabilities (IRR), along
with the ABA's Commission on Mental and Physical Disability Law and the ABA's Law Student Division, will be sponsoring a planning conference for a new
national student organization that will encourage those with disabilities to pursue careers in the legal profession as well as assist them in the admissions
process, throughout their tenure in law school, and in securing employment after graduation. Attendance at the conference is free and financial assistance
for travel expenses is available on a first-come first-serve basis. The conference is being held at American University's Washington College of Law, Washington,
D.C.

For more information, contact IRR at (202) 662-1030 or go to:
http://www.abanet.org/irr/studentconference.doc
http://www.abanet.org/irr/studentconference.doc
block quote end

From:
buzzcast at da039.wh01.infopop.net [mailto:buzzcast at da039.wh01.infopop.net]
On Behalf Of
david-klein at uiowa.edu
Sent:
Monday, December 18, 2006 2:16 PM
To:
Nightingale, Noel
Subject:
The Disability Law & Policy e-Newsletter, Vol 3, No. 24
http://disability.law.uiowa.edu/lhpdc/images/bbi_logo.jpg http://disability.law.uiowa.edu/lhpdc/images/lhpdc_logo.jpg
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/ http://disability.law.uiowa.edu/
and
The Burton Blatt Institute at Syracuse University
http://bbi.syr.edu http://bbi.syr.edu
December 18, 2006
Volume 3, Issue 24
http://www.buzzcast.com/userimages/171/logo_2c.jpg
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. INTERNATIONAL:
News for and about disability topics outside the U.S.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
A. CIVIL RIGHTS
1. Class Action Lawsuit Regarding Individuals with Mental Illness
A U.S. District Court judge in Illinois has granted class-action status to a lawsuit brought by four individuals alleging that state policies in Illinois inhibit their ability to access community living in violation of the Americans with Disabilities Act. The lawsuit alleges that thousands of people with mental illnesses are being needlessly segregated and warehoused in large nursing homes in Illinois.
Full Story:
Federal Court Advances Challenge to Illinois Policy Warehousing Residents with Mental Illness, Bazelon Center for Mental Health Law, November 20, 2006,
http://www.bazelon.org/newsroom/2006/11-20-06Williams-v-Blagojevich.html http://www.bazelon.org/newsroom/2006/11-20-06Williams-v-Blagojevich.html
To read the complaint, go to:
http://equipforequality.org/news/pressreleases/williamsblagojevichfiles.php http://equipforequality.org/news/pressreleases/williamsblagojevichfiles.php
2. Settlement Reached in Lawsuit Against Zoological Society of San Diego
The Zoological Society of San Diego, which includes both the San Diego Zoo and Wild Animal Park recently settled a lawsuit brought by two patrons alleging discrimination on the basis of disability. The agreement states that the Zoological Society will discontinue its current "entrance policy" for patrons with disabilities who use motorized scooters or wheelchairs while in the parks.
Under the terms of the settlement agreement, the Zoological Society is allowed to disseminate written information about the safe use of motorized scooters and wheelchairs in the parks and publicize any offices that provide services or information to people with disabilities. The amount of money that the Zoological Society will pay the two patrons will remain confidential under the terms of the agreement.
Full Story:
Scott Marshall, San Diego Zoological Society Settle Disability Lawsuit, North County Times, November 30, 2006,
http://www.nctimes.com/articles/2006/12/01/news/top_stories/11300669777.txt http://www.nctimes.com/articles/2006/12/01/news/top_stories/11300669777.txt
3. Release of New ADA Tool Kit to Help Communities Meet ADA Regulations
The Civil Rights Division of the U.S. Dept. of Justice recently released the first segment of an Americans with Disabilities Act (ADA) Tool Kit to help communities, businesses, and state and local authorities improve compliance with ADA regulations because many communities nationwide still fail to comply with ADA regulations. The new technical assistance document aims to help communities better understand how to meet the needs of people with disabilities by teaching state and local government officials how to identify and solve problems that inhibit people with disabilities from gaining access to state and local programs, services, and activities. The use of the ADA Tool Kit is highly recommended for helping communities meet the needs of people with disabilities, but is not required.
Full Story:
U.S. Department of Justice, ADA Best Practices Tool Kit for State and Local Governments, December 5, 2006,
http://www.usdoj.gov/crt/ada/pcatoolkit/toolkitmain.htm http://www.usdoj.gov/crt/ada/pcatoolkit/toolkitmain.htm
4. EEOC Files Class Action Lawsuit Against Denny's for ADA Title I Violations
A class action lawsuit has been filed against Denny's Inc., by the U.S. Equal Employment Opportunity Commission (EEOC) alleging that the restaurant chain violated Title I of the Americans with Disabilities Act. The lawsuit was filed on behalf of employees with disabilities who were not provided reasonable accommodations and were terminated after being denied medical leave in connection with their disabilities.
The lawsuit was filed after a restaurant manager who had her leg amputated was denied reasonable accommodations and fired because of her disability. The EEOC alleges that Denny's has violated the rights of the class of workers with disabilities by maintaining a maximum medical leave policy that denies leave as required by the ADA as a reasonable accommodation.
Full Story:
Denny's Sued in Class Action ADA Suit, Employment Practice Solutions, October 2, 2006,
http://www.epexperts.com/modules.php?op=modload&name=News&file=article&sid=2330 http://www.epexperts.com/modules.php?op=modload&name=News&file=article&sid=2330
B. EDUCATION
1. Postsecondary Education Options for Students with Intellectual Disabilities
Recognizing the challenges faced by students with intellectual disabilities and the benefits of college education, this article from the Institute for Community Inclusion evaluates the available postsecondary education options for students with intellectual disabilities. The article includes an overview of the types of options available for students looking to enter college and recommendations for improving access to postsecondary education for students with intellectual disabilities.
Full Story:
Debra Hart, Meg Grigal, Caren Sax, Donna Martinez and Madeleine Will, Postsecondary Education Options for Students with Intellectual Disabilities, Institute for Community Inclusion, University of Massachusetts-Boston, August 2006,
http://www.communityinclusion.org/pdf/rp45.pdf http://www.communityinclusion.org/pdf/rp45.pdf
2. State Special Education Directors Hope NCLB Reauthorization Will Link Special and General Education More Closely
During the recent conference for the National Association of State Directors of Special Education, a central theme emerged from the seminar presentations and attendees: there is one education community that includes both special education and general education. With the 2004 reauthorization of the Individuals with Disabilities Education Act, many state officials and educators feel that they are duplicating their efforts in monitoring and reporting requirements for students in special education.
At the forefront of the conference was the issue of Response to Intervention (RTI). RTI is an instructional framework promoted in the IDEA as a possible technique for diagnosing learning disabilities. Under RTI, students who are struggling are provided increasingly intense lessons to address deficiencies. Many directors stated that they would like to see RTI incorporated into general education when No Child Left Behind is reauthorized in the coming year.
Full Story:
Christina A. Samuels, Special Education Directors Hope to Sway Federal Policy, Education Week, November 29, 2006,
http://www.edweek.org/ew/articles/2006/11/29/13spec.h26.html http://www.edweek.org/ew/articles/2006/11/29/13spec.h26.html
(free subscription required).
3. Conference for Students with Disabilities, January 27 - 28, 2007
The American Bar Association's (ABA) Section of Individual Rights and Responsibilities' Committee on the Rights of Persons with Disabilities (IRR), along with the ABA's Commission on Mental and Physical Disability Law and the ABA's Law Student Division, will be sponsoring a planning conference for a new national student organization that will encourage those with disabilities to pursue careers in the legal profession as well as assist them in the admissions process, throughout their tenure in law school, and in securing employment after graduation. Attendance at the conference is free and financial assistance for travel expenses is available on a first-come first-serve basis. The conference is being held at American University's Washington College of Law, Washington, D.C.
For more information, contact IRR at (202) 662-1030 or go to:
http://www.abanet.org/irr/studentconference.doc http://www.abanet.org/irr/studentconference.doc
C. TECHNOLOGY / TELECOMMUNICATIONS
1. Technology Enhances Opportunities for Faculty with Disabilities
This article tells the stories of several people who work in academia and have disabilities. One law school dean describes his use of technology as enabling him to do everything that his job requires of him. Without the technology he relies on, he would not be able to perform his job adequately. For example, to assist him with his job, he uses a computer program that reads out synthesized speech of what appears on his screen.
For more information:
Brendan O' Keefe, Academics Prove Disability No Bar to Achievement, The Australian, November 29, 2006,
http://www.theaustralian.news.com.au/story/0,20867,20838129-12332,00.html http://www.theaustralian.news.com.au/story/0,20867,20838129-12332,00.html
2. Microsoft's Vista Includes New Accessibility Features
According to Microsoft new features in Vista make it easier for all users, but particularly people with disabilities, to use computers. Vista offers speech recognition and improved magnification among other features. Several versions are currently available and the full basic package retails for $199.
For more information:
Microsoft Corp., Microsoft Windows Vista and 2007 Office System to Deliver Greater Accessibility to EU Ageing Communities and People with Disabilities, EARTHtimes.org, November 29, 2006,
http://www.earthtimes.org/articles/show/news_press_release,27633.shtml http://www.earthtimes.org/articles/show/news_press_release,27633.shtml
D. HEALTHCARE / BENEFITS
1. When Disability Aid Can't Provide for Toys & Haircuts, Special Needs Trust Can
Benefits issued by the government cannot always provide for the basic necessities of life, and parents won't always be present to care for their kids. This was the scenario for the Cotiauxes, who have an 18-year old son with mental retardation. They knew that later in life the benefits their son received from the government would not be enough to provide for their son's food and clothing.
However, a valuable solution is a Supplemental Needs or Special Needs Trust (SNT), which can be established with the help of an attorney. A SNT allows a person with disabilities the extra money he or she needs for haircuts, DVDs, or hobby supplies. The SNT allows families safely to put away money for their children without affecting the money the child receives from the government because the trust is set up in another person's name with the individual with the disability named as the beneficiary.
For more detailed information on a Special Needs Trust, see the following website:
http://www.altonweb.com/cs/downsyndrome/index.htm?page=feetrust.html http://www.altonweb.com/cs/downsyndrome/index.htm?page=feetrust.html
Full Story:
Hillary Chura, Meeting Special Needs and the Need for Peace of Mind, New York Times, November 25, 2005,
http://www.nytimes.com/2006/11/25/business/25special.html?_r=1&oref=slogin http://www.nytimes.com/2006/11/25/business/25special.html?_r=1&oref=slogin
(free subscription required)
For More Information:
Association of University Centers on Disabilities, Legislative News in Brief: Medicaid Commission, AUCD, November 20, 2006,
http://www.aucd.org/in_brief/Nov2006.htm http://www.aucd.org/in_brief/Nov2006.htm
*Note: The Association of University Centers on Disabilities, or AUCD, is a non-profit organization that promotes and supports the network of university centers on disabilities across the country funded by the Administration on Developmental Disabilities. AUCD seeks to advance "policy and practice for and with individuals with developmental and other disabilities, their families, and communities." To visit AUCD's website, go to: http://www.aucd.org/ http://www.aucd.org/
2. Medicaid Commission Calls for Change
The Federal Medicaid Commission, created by Secretary of Heath and Human Services Michael O. Leavitt to improve the Medicaid system, recently issued several sweeping recommendations. The Commission in its recommendations stated that Congress should alter Medicaid law to promote the use of home care and community services instead of nursing homes and institutions. Along with this recommendation, they advised that people with disabilities should be given more federal protections and choices regarding managed care plans. The Commission also recommended that the Bush administration increase federal subsidies for low-income groups and scale back subsidies for those with higher incomes to meet Medicaid's purpose to better serve lower income constituents.
Full Story:
Robert Pear, Panel Calls for Big Changes in Medicaid, N.Y. Times, November 22, 2006,
http://www.nytimes.com/2006/11/23/washington/23medicaid.html http://www.nytimes.com/2006/11/23/washington/23medicaid.html
(free subscription required)
E. WORKFORCE
1. A Study on the Level of Preparedness Amongst New Employees
A study conducted by The Conference Board, Corporate Voices for Working Families, The Partnership for 21st Century Skill, and The Society for Human Resource Management on the various skills employers are seeking from future applicants was recently released. The study is based on in-depth surveys of 400 employers, along with interviews of senior executives and human resource personnel. The study concluded that young Americans are inadequately prepared to excel in the workforce, and that the U.S. has failed to provide them with the necessary skills to succeed.
To view the full study, use the following link:
Jill Casner-Lotto, Are They Really Ready to Work?: Employer's Perspectives on the Basic Knowledge and Applied Skills of New Entrants to the 21st Century Workforce, 2006,
http://www.conference-board.org/pdf_free/BED-06-Workforce.pdf http://www.conference-board.org/pdf_free/BED-06-Workforce.pdf
2. Online Professional Development Courses
The Employment and Disability Institute at Cornell University's School of Industrial and Labor Relations announced the creation of online professional development courses and certificates in Disability, Workplace & Employment Support Practice. ediONLINE is a virtual classroom that provides a series of online courses related to improving employment outcomes for individuals with disabilities. These courses specifically target managers, practitioners, advocates and policy makers in the area of disability.
To learn more about the available courses, use the following link:
http://www.ilr.cornell.edu/edi/edionline/edionline.cfm http://www.ilr.cornell.edu/edi/edionline/edionline.cfm
3. The Promotion of Individuals with Disabilities in the Workforce
The U.S. Department of Labor recently announced that their Office of Disability and Employment Policy is collaborating with the Society for Human Resource Management to advance the employment of individuals with disabilities. The objective of this alliance is to promote recruitment and hiring of workers with disabilities through a variety of resources.
Office of Disability Employment Policy, U.S. Department of Labor Forms Alliance with SHRM to Promote Employment of Workers with Disabilities, 2006,
http://www.dol.gov/opa/media/press/odep/odep20061963.htm http://www.dol.gov/opa/media/press/odep/odep20061963.htm
F. INDEPENDENCE
1. Court Rules that U.S. Currency Must Be Made Accessible to Individuals with Vision Impairments
Four years after the American Council of the Blind filed a lawsuit claiming violation of the Rehabilitation Act, U.S. District Judge James Robertson ruled that the U.S. Treasury Department's failure to design and issue paper currency that is readily distinguishable to individuals who are blind and visually impaired violates § 504 of the Rehabilitation Act. Of the 180 countries that issue paper currency, the United States is the only country that prints bills that are identical in size and color in all their denominations.
To view the option in this case, go to
http://www.dcd.uscourts.gov/opinions/2006/2002-CV-0864~12:3:41~12-1-2006-a.pdf http://www.dcd.uscourts.gov/opinions/2006/2002-CV-0864~12:3:41~12-1-2006-a.pdf
2. College Experiences for Students with Psychiatric Disabilities
For many freshmen starting college presents many new struggles such as negotiating class schedules, learning to live with roommates, and new-found sexual and social freedom. But for Jean Lynch-Thomason and Chris Ference, who have bipolar disorder, starting college presents different challenges such as use of campus counseling services, whether to take medication, and whether to disclose an illness to friends or professors. Each student learns to balance his or her education and disability in different ways.
Full Story:
Lynette Clemetson, Off to College Alone, Shadowed by Mental Illness, N.Y. Times, December 8, 2006,
http://www.nytimes.com/2006/12/08/health/08Kids.html?_r=1&oref=slogin http://www.nytimes.com/2006/12/08/health/08Kids.html?_r=1&oref=slogin
(subscription required)
G. INTERNATIONAL
1. Woman Injured in London Bombing Alleges Dismissal Was Discrimination
Nattasher Gittens who was injured in the July 7 London bombings, believes she was unfairly dismissed due to her resulting disabilities after returning to work. Ms. Gittens experienced back and pelvic injuries, hearing problems, insomnia and depression as a direct result of being a bomb blast victim. Ms. Gittens, who was dismissed two months after returning to work for poor performance, is taking her case to an employment tribunal voicing that her dismissal was unfair pursuant to UK's Disability Discrimination Act (DDA).
The attorney has stated that her former employers did not take her disability and the surrounding circumstances into consideration before making a decision to fire her. They are hoping that the DDA will extend its protection against what they feel was a "shoddy" way to deal with her situation on the employer's behalf.
The entire article can be accessed at:
Unfairly Sacked After Bombs – Claims, Yahoo News (UK & Ireland), November 23, 2006,
http://uk.news.yahoo.com/23112006/344/unfairly-sacked-bombs-claim.html http://uk.news.yahoo.com/23112006/344/unfairly-sacked-bombs-claim.html
2. International Community Expected to Follow the U.S. Lead and Improve Rights for People with Disabilities
Peter Blanck, an academic and legal expert on disability issues, recently expressed his hope that the international community will takes a cue from the United States' Americans with Disabilities Act (ADA) and institute their own laws regarding citizens with disabilities, during a USINFO chat on the ADA. Several European countries use the ADA as a "touchstone" for their cases involving disabilities while former Soviet bloc countries have been slow to follow suit. Today, only 45 countries have anti-discrimination laws in place to protect those with disabilities, even though over ten percent of the world's population lives with a disability. Blanck hopes that the world community will become more uniform in their protection of persons with disabilities. Blanck also addressed how the U.S. legal system was considering issues such as telecommuting and access to technology for people with disabilities.
To view the article in its entirety, use the following link:
Rights for People with Disabilities Grow Worldwide, Lawyer Says, November 22, 2006, available at:
http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=November&x=20061122115406berehellek0.1968042&chanlid=humanrights http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=November&x=20061122115406berehellek0.1968042&chanlid=humanrights
3. The UN Convention on the Rights of Persons with Disabilities Is Adopted
The UN Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on December 13, 2006. The Convention, which was the most rapidly negotiated human rights treaty in the history of international law and will seek to protect more than 650 million persons with disabilities, enjoys a global consensus. This human rights treaty will require signing nations to increase awareness and do more actually to protect the rights of its citizens with disabilities, rather than just saying they will. Enforcement will largely be left to the individual nations, but the UN hopes to "reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others."
The Convention will be formerly opened for signing by nations on March 30, 2007, and will come into force after 20 countries ratify it, "a milestone likely to be reached in 2008 or 2009."
To read the full story:
Irwin Arieff, U.N. Adopts Landmark Treaty on Rights of Disabled, Reuters, December 13, 2006,
http://today.reuters.com/news/articlenews.aspx?type=topNews&storyID=2006-12-13T163942Z_01_N13441712_RTRUKOC_0_US-RIGHTS-DISABLED-UN.xml http://today.reuters.com/news/articlenews.aspx?type=topNews&storyID=2006-12-13T163942Z_01_N13441712_RTRUKOC_0_US-RIGHTS-DISABLED-UN.xml
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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., Senior Articles Editor Cynthia A. Smith, M.S., J.D., Managing Editor Deepti Samant, M.S.; Articles Editors Jason Mintz, J.D. (Technology) and Alexis R. Long, B.A. (Education); Associate Editors Dalinda Khuon, B.A. (Workforce), Rachel L. Bubb, B.A. (International), and Ekin Senlet, B.S. (Civil Rights); and Staff Writers Meghan Lisson and Juliette Lynch (Healthcare/Benefits), and Joie L. Hill (Independence).
http://disability.law.uiowa.edu/ http://disability.law.uiowa.edu/
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