[Nfbnet-members-list] National Federation of the Blind Assists Blind Woman in Litigation Against Massage and Body Work Licensing Authority
Danielsen, Chris
CDanielsen at nfb.org
Wed Mar 1 00:10:48 UTC 2017
FOR IMMEDIATE RELEASE
CONTACT:
Chris Danielsen
Director of Public Relations
National Federation of the Blind
(410) 659-9314, extension 2330
(410) 262-1281 (Cell)
<mailto:cdanielsen at nfb.org>cdanielsen at nfb.org
National Federation of the Blind Assists Blind Woman in Litigation
Against Massage and Body Work Licensing Authority
Kristen Steele Not Allowed to Take Licensing Examination in Braille
Baltimore, Maryland (February 28, 2017): The National Federation of
the Blind, the nation's leading advocate for equal education and
career opportunities for the blind, is assisting Kristen Steele in
her lawsuit (Case 1:17-cv-00004-RP-SBJ) against the Federation of
State Massage Therapy Boards (FSMTB), which has denied her request to
take its examination, the Massage and Bodywork Licensing Examination
(MBLEx), in Braille. Ms. Steele seeks to become a licensed massage
therapist in Iowa and Nebraska, both of which require passing the
MBLEx in order to receive a license. Strangely, the FSMTB claims that
Braille would somehow provide her with an unfair advantage.
Ms. Steele began learning Braille at the age of three and is a fluent
reader. Furthermore, she has used Braille throughout her education,
including her studies at the Midwest School of Massage in Omaha, NE,
where she graduated with a 4.0 GPA. Her lawsuit, which has been filed
in the Federal District Court for the Southern District of Iowa,
Western Division, alleges that FSMTB is violating federal law,
specifically Title III of the Americans with Disabilities Act (ADA),
by denying her request to use Braille to take the MBLEx. Regulations
pursuant to Title III of the ADA require that testing entities
administer examinations in ways that best ensure that "when the
examination is administered to an individual with a disability that
impairs sensory, manual, or speaking skills, the examination results
accurately reflect the individual's aptitude or achievement level or
whatever other factor the examination purports to measure, rather
than reflecting the individual's impaired sensory, manual, or
speaking skills . . . " In Ms. Steele's case, this means
administering the examination in Braille, since she has used Braille
throughout her education and in similar testing situations, such as
taking the ACT in high school. Her lawsuit asks the court to order
FSMTB to administer the MBLEx to her in Braille.
Mark A. Riccobono, President of the National Federation of the Blind,
said: "In the nearly two centuries since its invention by a blind
student, Braille has become widely recognized as the most effective
means of reading and writing for the blind, and countless blind
individuals have achieved educational and career success and the
ability to live the lives we want by using it. Braille does not
afford Ms. Steele any unfair advantage in taking the MBLEx or any
other test, any more than using print provides an unfair advantage to
sighted test takers. Indeed, requiring her to use a method other than
Braille will place Ms. Steele at an unfair disadvantage compared to
other test takers. The National Federation of the Blind will continue
to fight for the right of blind people to use the auxiliary aid of
their choice when taking high-stakes tests."
Ms. Steele is represented, with the assistance of the National
Federation of the Blind, by Tai Tomasi of Disability Rights Iowa, and
by Sharon Krevor-Weisbaum and Emily Levenson of the Baltimore firm
Brown, Goldstein & Levy LLP.
###
About the National Federation of the Blind
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
the expectations of blind people, because low expectations create
obstacles between blind people and our dreams. You can live the life
you want; blindness is not what holds you back.
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