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NEW!E- BULLETIN NYS OFFICE OF ADVOCATE FOR PERSONS WITH DISABILITIES December 15, 2004
KASA, the Kids as Self Advocates Project of Family Voices, is seeking youth with special health care needs &/or disabilities to serve on our National Advisory Board. We are seeking youth with a disability and/or health care need, between the ages of 13 and 21 to serve on the all-youth volunteer Advisory Board, which is responsible for strategic planning for the growing project, program planning, activities and outreach. The Advisory Board meets about every two to three weeks, by teleconference, via toll free dial in (free call). As funds allow, there will be 1 or 2 face-to-face meetings, for 2-5 days each.Advisory Board members are expected to spend about 2 hours/week on KASA activities and projects Any travel costs will be advanced when they can be and reimbursed the rest of the time. All conference calls are toll free and a calling card is provided to Advisory Board members for between meeting conversations and support.If you meet the following qualifications, you can complete an application. We are looking for: Youth with a disability and/or health care needs who are between 13 and 21 years old. Youth who can make a commitment to be on the Board for 2 years· Youth with some leadership experience· Youth who are enthusiastic about leadership and advocacy· Youth who are interested in learning more about disability history, culture and rights· Youth who can work as a team member and who are interested in understanding more about how a project works. KASA is a growing network, sharing information through our website and through the mail, on issues that interest and are important to young people with disabilities & chronic health conditions. KASA membership is free and open to anyone who works with and cares about youth with disabilities and/or health care needs. We also have a listserv that we use to share information and action alerts. DEADLINE (for Board applications): December 22, 2004We also welcome your participation in the following ways:· Become a member of KASA. It's free and easy.· Send us written materials that you have found helpful in school, finding a job, communicating with your friends, health care, advocacy, etc that we can share with others· Let us know about activities you are involved in that others may want to do in their communities (good ideas)· Share struggles that you are having that you need others help with· Tell us about information that you can't seem to find that maybe we can help you access· Tell us what you would like to see KASA doing and how you can help us do it!· Tell us about helpful websites for youth with special needs: Julie Sipchen KASA, Project DirectorFamily Voices, Inc.
, ( applications available after Dec. 10 )
Family Voices National Office :2340
October 27, 2004 President Signs Assistive Technology ActVictory for Millions of People with Disabilities Who Strive for Independence (Washington, DC) President Bush yesterday signed the Assistive Technology Act of 2004, which will ensure that individuals with disabilities throughout the US and its territories have access to the technology they need to help them be independent in school, at home, the workplace and in the community. This legislation represents an important commitment to people with disabilities from the President and the Congress.Millions of people with disabilities rely on assistive technology to help them gain and maintain independence. Every state and US territory has an Assistive Technology Act Program (AT Program) funded under the provisions of the Technology-Related Assistance Act of 1988. New York’s TRAID Project, administered by the Office of Advocate for Persons with Disabilities, continues to work to improve access to assistive technology devices at both the state and local levels. TRAID works collaboratively with the NYS Department of Health Early Intervention Program and Cornell’s Northeast ADA and IT Center to fund thirteen regional centers that provide information and referral device demonstration, and outreach training on assistive technology.Legislation supporting the State AT Programs was scheduled to sunset on September 30, 2004. The AT Act of 2004 supports the continuance of State AT Programs and eliminates the sunset provision. By eliminating the sunset provision, the government sent a clear signal that it supports a federal investment for people with disabilities, which will pay off for communities, the economy, businesses and people with disabilities."The impressive bi-partisan effort of Congress to ensure the continuation of these vital programs is heartening for people with disabilities and the programs that serve them," said Deborah Buck, Executive Director, Association of Assistive Technology Act Programs. "We are so pleased with the bipartisan bi-cameral leadership of Rep. Buck McKeon (R-CA), Rep. John Boehner (R-OH), Rep. Dale Kildee (D-MI), Sen. Judd Gregg (R-NH), Sen. Tom Harkin (D-IA), Sen. Pat Roberts (R-KS) and Sen. Edward Kennedy (D-MA). When the Congress puts aside partisanship in order to address the needs of people with disabilities, it is a victory for all Americans."The Association of Assistive Technology Act Programs (ATAP) worked for several years to educate Congress about the significance of the Act in the lives of people with disabilities. ATAP salutes the Congress and the President for their important work in reauthorizing this law and removing the sunset provision. The Association of Assistive Technology Act Programs (ATAP) is a national, member-based organization comprised of state Assistive Technology Programs funded under the Assistive Technology Act. For more information on TRAID, or to locate the regional technology center in your region, contact: (800) 522-4369 (V/TTY) or September 29, 2004NYS MUSEUM HOSTS DISABILITY FILM FESTIVAL OCTOBER 14-16THALBANY The New York State Museum, in collaboration with Vocational and Educational Services for Individuals with Disabilities (VESID), is hosting the Capital District’s first Disability Film Festival on October 14, 15 and 16th as part of the We all Chase the Same Dreams series of October events celebrating Disability Awareness Month. Former TV anchor Ed Dague, who was forced to retire from WNYT-TV in Albany because of his own disability, will open the festival with a keynote address on Thursday, October 14th at 6 p.m. He will talk about contemporary disability issues, his own personal struggle with disability and the impact on his work and lifestyle.This will be followed by the presentation of "A Beautiful Mind" (close captioned), at 7 p.m.The rest of the schedule includes "Whose Life Is This Anyway?" October 15 at 7 p.m., "Finding Nemo," (close captioned), October 16 at 11 a.m. and "Children of a Lesser God" (close captioned), Oct. 16 at 3 p.m. All films are free and open to the public.Prior to each film the audience will be asked to consider thought-provoking discussion points. Following the film, there will be a brief interactive discussion led by staff from the Capital District Center for Independence and the Independent Living Center of the Hudson Valley. There will be assistive listening devices available.The Disability Film Festival is part of a series of events planned throughout the month of October to celebrate Disability Awareness Month. The film festival celebrates disability pride, diversity, culture and the natural role disability plays in our lives. Other events include Disability Mentoring Day during the week of October 18th, a celebration of National Disability Employment Awareness Month recognition awards on October 26th, Recreation Opportunity Day on October 30th and other activities. For further information on these events call Cindy Biance at the Capital District Center for Independence at . The Capital District group coordinating these events includes representatives of VESID’s Independent Living Services program, VESID Capital District office, Department of Health’s Disability and Health program, Capital District Transportation Authority, Capital District Center for Independence, Independent Living Center of the Hudson Valley, Office of Advocate for Persons with Disabilities, Quad Design, Inc. And the Developmental Disabilities Planning Council. The State Museum is accessible to individuals with disabilities. The building and theater are accessible for individuals who use wheelchairs. There are a limited number of wheelchairs available for loan at the Museum front desk. For further information call .VESID and its network of 36 Independent Living Centers partner to help the University of the State of New York and the public and private sectors integrate disability rights and services into all aspects of community life to promote the capacity of people with disabilities to live self-determined lives.The New York State Museum is a program of the New York State Department of Education, the University of the State of New York and the Office of Cultural Education. Started in 1836, the Museum has the longest continuously operating state natural history research and collection survey in the United States. Located at the Empire State Plaza on Madison Avenue in Albany, the Museum is open daily from 9:30 a.m. to 5 p.m. except on Thanksgiving, Christmas and New Year’s Day. Admission is free and the Museum is fully accessible. Further information about programs and events can be obtained by calling or visiting the museum website at www.nysm.nysed.gov. E-BULLETIN NYS OFFICE OF ADVOCATE FOR PERSONS WITH DISABILITIES February 27, 2004ADA Subject of Statewide High School Mock Trial TournamentBy Greg JonesDeputy Advocate and CounselLast night I had the extreme pleasure of attending the first preliminary round of the Albany County Mock Trial Tournament at the Albany County Courthouse.The Mock Trial Tournament is a statewide competition sponsored by the New York State Bar Association and attracts approximately 7,000 high school students across the state to participate in the competition.The fact pattern of this years’ competition centers on the Americans with Disabilities Act and it was truly amazing to watch and listen as these young adults "tried" the case in a real courtroom with all the trappings normally associated therewith. Fourteen teams participated in seven trials in seven different courtrooms. Although the fact pattern is the same in every trial, the decisions are not, and it is truly interesting to watch and listen to the different "spins" the teams place on the same set of facts!The competition will continue across the state over the next couple of months, with the finals to be held in Albany in May. I strongly encourage anyone, especially those with any interest in the ADA, to attend one or more of the trials held in your area. It’s an educational experience you will truly enjoy on so many unexpected levels!To learn more visit the New York State Bar Association’s website at www.nysba.org/lyc and contact your local bar association for trials scheduled in your area. January 7, 2004GOVERNOR DOUGLAS CONTINUES COMMITMENT TO HIRING AND ADVANCEMENT OF PEOPLE WITH DISABILITIES IN STATE JOBSVermont will become second state to pledge commitment tied with President Bush’s New Freedom Initiative...MONTPELIER, Vt. – During Governor James Douglas’s weekly press conference tomorrow at the Vermont State House (Thursday, January 8, 1:00 p.m.), he and U.S. Equal Employment Opportunity Commission (EEOC) Chair Cari M. Dominguez will sign a resolution aimed at enhancing employment opportunities in state government for people with disabilities. By this agreement, the State of Vermont and the EEOC jointly will review Vermont’s recruitment, hiring, and reasonable accommodations programs to identify best practices worthy of emulation by other states.The EEOC is pioneering a series of federal-state government partnerships to further advance the New Freedom Initiative, President George W. Bush’s comprehensive program – of which employment is a critical component – to fully integrate the nation’s 54 million individuals with disabilities into all aspects of American life. The Commission will provide consultation, outreach, and technical assistance. Vermont will become the second state to pledge participation, following a similar commitment by Maryland Governor Robert L. Ehrlich just last month. Currently, one out of every five people in Vermont has a disability and 55,000 Vermonters with disabilities are either unemployed or underemployed."Ti is with pride that I join with Governor Douglas for this momentous occasion," said Chair Dominguez. "With the signing of this resolution, the State of Vermont brings leadership and momentum to a project of national significance. By working collaboratively, we will ensure that state governments benefit from one another’s best practices in the critical area of employment for individuals with disabilities.""Vermont recognizes and values the capabilities of its entire workforce, including the significant contributions that people with disabilities can make," said Governor Douglas. "Vermont will continue its strong commitment to the principle of equal opportunity for all citizens."Following the press conference, a digital copy of the resolution and a photograph of the signing will be available on the EEOC’s website at www.eeoc.gov. In addition to Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and in state and local governments, the EEOC enforces the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, sex, religion or national origin; the Age Discrimination in Employment Act, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963; and sections of the Civil Rights Act of 1991. Proactive prevention of discrimination is an important part of the agency’s mission. December 12, 2003HUD Updates Accessibility NoticeHUD recently updated its Accessibility Notice (PIH 2003-31 (HA) regarding Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Architectural Barriers Act and the Fair Housing Act. The notice, which applies to various federal housing programs, can be found at:
October 7, 2003 The U.S.
Equal Employment Opportunity Commission CONTACT:
Lisa Fisher JOB APPLICANTS
WITH DISABILITIES TO BENEFIT FROM FACT SHEET ON RIGHTS WASHINGTON
_ As National Disability Employment Awareness Month begins, the U.S.
Equal Employment Opportunity Commission (EEOC) today released a new
fact sheet designed to educate job applicants on how Title I of the
Americans with Disabilities Act (ADA) protects their rights throughout
the hiring process. This tool is EEOC's most recent strategy in a series
of "While many people with disabilities are aware of the Americans with Disabilities Act, they may not fully understand how the law protects them," said Commission Chair Cari M. Dominguez. "The EEOC created this fact sheet to empower job seekers with disabilities by helping them to navigate all aspects of the hiring process." The fact
sheet covers employer obligations such as the provision of "reasonable
accommodation" for applicants with disabilities who need assistance
during the hiring process. Accommodations may include providing or modifying
equipment, providing written materials in an accessible The new
publication also explains the ADA's rules on when employers may seek
medical information from applicants. Before making a job offer, an employer
cannot require a medical examination or ask questions that are likely
to reveal that an applicant has a disability. The fact sheet reviews
the types of questions that are prohibited during interviews and on
applications, "Just as employers cannot refuse to hire an applicant simply because he or she has a disability if the person can perform the essential functions of the job, an applicant should also focus during the hiring process on his or her qualifications rather than on the disability," Chair Dominguez added. President George W. Bush has proclaimed October 2003 to be National Disability Employment Awareness Month, a time when private sector entities; federal, state and local government agencies; and advocacy organizations showcase the abilities of people with disabilities, and focus attention on removing barriers to employment. This year's national theme is "America Works Best When All Americans Work." In addition to enforcing Title I of the ADA, which prohibits discrimination against people with disabilities in the private sector and state and local governments, and the Rehabilitation Act's prohibitions against disability discrimination in the federal government, EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin; the Age Discrimination in Employment Act, which prohibits discrimination against individuals 40years of age or older; the Equal Pay Act; and sections of the Civil Rights Act of 1991. Source:
GOVERNOR SIGNS BILL PRESERVING ACCESS TO HANDICAPPED PARKING New Law Prohibits Parking in Handicapped Access Aisles and Creates Fines
FOR IMMEDIATE RELEASE: Thursday, October 2, 2003 Governor George E. Pataki today announced that he has signed into law legislation that will preserve access to handicapped parking by prohibiting drivers from blocking handicapped access aisles and establishing fines equal to those imposed for illegally parking in a handicapped space. "Our State’s laws require special parking be reserved for disabled individuals, but we also have an obligation to ensure they have sufficient access to and from the parking space," Governor Pataki said. "By prohibiting parking in handicapped access aisles, this new law will ensure that mobility-impaired individuals have adequate space to raise and lower ramps or lifts used for exiting and entering their vehicles, guaranteeing them the right to the parking they require." Senator Thomas Libous said, "This law addresses a gap in current statutes that protect parking for people with disabilities, but previously didn’t protect the equally important access aisles. I’m proud to work with Governor Pataki to help ensure that people with disabilities can effectively use the parking spaces reserved for them by law." Assemblyman David Gantt said, "This legislation will protect the rights of the disabled and enhance their safety by making the penalties consistent for unlawfully parking in a handicapped parking space or access aisle. The Assembly believes this measure is necessary to ensure that handicapped drivers have problem-free access to the parking spaces they are entitled to." Currently the law prohibits parking in a handicapped parking space without a permit but does not prohibit parking in a handicapped parking access aisle. The law requires the installation of a "No Parking" sign at each access aisle to a handicapped space when constructing or altering a parking lot but makes no provisions for fines for unlawfully parking in such assess aisles. This bill signed into law today will extend the provisions regarding illegal parking in handicapped space to access aisles. The fine for illegally parking in a handicapped parking space is between $50 and $75 for a first offense, and between $75 to $150 for a second offense. The fines will remain the same for unlawfully parking in a handicapped access aisle. State Advocate Richard Warrender said, "I applaud Governor Pataki for his leadership in protecting the rights of the disabled in New York. The Governor’s new law will ensure that handicapped parking is more accessible to disabled drivers, and sends a clear message that unlawful use of handicapped designated areas will not be tolerated." Commissioner Raymond P. Martinez of the State Department of Motor Vehicles said, "The amendment would provide consistency in the Vehicle and Traffic Law for unlawfully parking in a handicapped parking space or access aisle." Generally a handicapped parking aisle is the eight-foot, striped spaces, adjacent to a reserved handicapped parking spot. Access aisles are required so that mobility-impaired individuals have adequate space to raise and lower ramps or lifts used for exiting and entering their vehicles. The law becomes effective January 1, 2004. More information on programs and services for the disabled and The Americans with Disabilities Act is available on the State Advocate’s website at www.advoc4disabled.state.ny.us. September 25, 2003 NEW YORK STATE TO HOLD PUBLIC HEARING ON ITS DRAFT "ACTION PLAN" REQUIRED BY HUD FOR PARTICIPATION IN CERTAIN FEDERAL PROGRAMS The State of New York must prepare an annual Action Plan for submission to the U.S. Department of Housing and Urban Development in order to participate in certain federal community development and housing programs. The State will provide opportunities for citizens to comment on the Draft Action Plan and will conduct a series of public hearings to obtain the views of citizens, public agencies, local governments and other interested parties prior to finalizing the Action Plan. The Draft Action Plan describes, for one program year, the State's proposed use of available federal and other resources to address the priority needs and specific objectives identified in the Consolidated Plan; the State's method for distributing funds to local governments and non-profit organizations; and the geographic areas of the State to which it will direct assistance. The Action Plan will describe New York State's planned use of approximately $102 million in federal fiscal year 2004 funds for: the Community Development Block Grant Small Cities Program (approximately $57 million); the HOME Investment Partnerships Program (approximately $40 million); the Housing Opportunities for Persons with AIDS (HOPWA) Program ($2.3 million); and the Emergency Shelter Grants Program (approximately $3.0 million). The hearings will be held during a public comment period, beginning September 29, 2003, and ending October 29, 2003. Accommodations for persons with disabilities will be made at the public hearings. Signers will be made available upon request. Interpreters will also be available upon request to meet the needs of non-English speaking residents. Individuals who wish to present testimony or seek additional information regarding the hearings are urged to call . All speakers are urged to provide a written copy of their testimony. Individuals who are unable to attend may submit written comments to NYS DHCR, Attention: Ronald Agnese, 25 Beaver Street, New York, New York 10004 or via e-mail to . Comments sent by mail must be postmarked by October 29, 2003. E-mail comments must also be sent by this date. On or about September 29, 2003, copies of the Draft Action Plan will be available at county government offices. The Draft Action Plan will also be available in PDF format at www.dhcr.state.ny.us. In addition, CD or hard copies of the plan can be requested by e-mail September 26, 2003 MAXIMUM INCOME LIMITS RAISED FOR REAL PROPERTY TAX RELIEF Governor George E. Pataki has signed into law two bills that will increase the number of senior homeowners and property owners with disabilities who qualify for real property tax exemptions that are based on a 50 percent reduction in the assessed value of their residential property. The laws grant local governments the option to increase the maximum income eligibility limit for the 50 percent Senior Citizens and Homeowners with Disabilities real property tax exemptions from $21,500 to $24,000. New York State Real Property Tax Law allows local governments and public school districts to grant a reduction on the amount of property taxes that qualifying senior citizens and homeowners with disabilities pay. Effective immediately, counties, cities, town, villages or school districts are now allowed to set the maximum income limits at any figure between $3,000 up to the new maximum of $24,000. "These amendments will allow even more senior citizens and homeowners with disabilities to qualify for substantial tax relief," Governor Pataki said. "By authorizing an increase in the exemptions' income eligibility limit, we will help thousands of people save money and remain in their homes." In 2001,
more than 223,000 senior citizens and 4,700 homeowners with disabilities
received the property tax savings offered through these exemptions June 11, 2003 Toll-Free Hotline for Air Travelers with Disabilities The U.S. Department of Transportation is calling on all disability organizations to promote public education about its Toll Free Hotline for air travelers with disabilities through their organization newsletters, list-serves and sponsored events. The Toll Free Hotline for disabled air travelers has been in operation since August 2002 and is available for callers from 7 a.m. to 11 p.m. Eastern Time, seven days a week. It is currently not being fully utilized. The Hotline serves two main purposes: (1) education and (2) assistance in resolving disability-related air travel problems. Many disabled air travelers are not aware of their rights and the Hotline, in part, exists as an educational service to inform air travelers with disabilities about their rights under the Air Carriers Act and the Department’s implementing regulations 14 CFR Part 382 (Part 382). Hotline operators are well versed in the ACAA and Part 382 and can provide callers with on the spot general information about the rights of air travelers with disabilities. The Hotline operators also respond to requests for printed consumer information about air travel rights of the disabled. The Hotline can also assist air travelers with disabilities in resolving real time or upcoming issues with air carriers. The purpose of "real-time" assistance is to facilitate airline compliance with DOT’s rules by suggesting to the passenger and the airline involved alternative customer-service solutions to the problem. The airline remains responsible for deciding what action will be taken to resolve the issue in accordance with the ACAA and Part 382. Generally, if a caller has a real time problem or an upcoming issue with an air carrier, a Hotline Duty Officer will contact that air carrier and attempt to resolve the issue. For example, there have been a number of incidents in which Hotline Duty Officers have contacted air carriers and convinced them to accept service animals and electric wheelchairs on board flights, to stow folding wheelchairs in the cabin, and to provide requested wheelchair assistance. Air travelers who want information about the rights of persons with disabilities in air travel or who experience disability-related air travel service problems may call th Hotline to obtain assistance at: 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) Air travelers who want DOT to investigate a complaint about a disability-related issue still must submit their complaint in writing via e-mail at or postal mail to: Aviation Consumer Protection Division U.S. Department of Transportation 400 7th Street, S.W. Washington, D.C. 20590 To request
flyers promoting the Hotline to distribute to your membership, contact
(202) 366-1617 (voice) or (202) 366-0511 (TTY). E-BULLETIN NYS OFFICE OF ADVOCATE FOR PERSONS WITH DISABILITIES May 15, 2003 The New York State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities (VESID) recently announced the development of a new guidebook for chairpersons of Committees on Special Education which is now available on their website: . A limited
printing of this publication has been completed so it is available in
both word and PDF formats on the web site to allow for easy access and
printing. E-Bulletin NYS Office of Advocate for Persons with Disabilities February
27, 2003
November 19, 2002 Watchfire, a private ebusiness solution company is offering free on_line seminars addressing web site accessibility. The next session is scheduled for November 19, 2002, 2:00pm_3:00pm Eastern Standard Time. Participation requires access to a telephone and the internet. The program description is below. More information can be found at:
Website Accessibility - Not Just a Government Issue November 19, 2002 2-3 pm EST It wouldn't be right if you built a store without wheelchair access and you'd probably be breaking the law. But most web sites are designed with little or no accommodation for the disabled, effectively locking out millions of people. Section 508 requires federal agencies to ensure that all electronic and information technology used is accessible for people with disabilities. This includes Web sites. Though the public sector has no such requirement, a site designed for accessibility will broaden your audience and improve your market share, because accessibility is not only beneficial to disabled users but also to the growing number of users with electronic devices such as personal digital assistants (PDAs), cell phones, and Wireless Application Protocol (WAP) devices. About 54 million or almost 20% of the US population are disabled. Most disabilities interfere with the ability to interact with websites that are not accessibility compliant. Computer_assisted technologies allow people with disabilities to interact with the websites that are designed to accommodate their technologies. If your website hasn't been designed with all of these assisted technologies in mind, you could be blocking a large percentage of potential customers from learning about your products and services and purchasing from you! With the aging of the baby boom generation, and the development of new legislation, accessibility is going to become a more prevalent issue in the very near future. Web accessibility not only improves user interaction and utility for people with disabilities, but also has the same effect on users without disabilities. Attend
this online seminar to learn how we can help make your website accessibility
compliant.
The Supreme Court has agreed to hear a case which will determine whether or not a state may be sued in federal court for violations of Title II of the Americans with Disabilities Act (ADA). The case is Michael J. Hason, M.D. v. Medical Board of California, et al. Dr. Hason
was denied a license to practice medicine in the state of California
for reasons of mental illness. Hason filed suit in federal district
court for violations of his U.S. Constitutional rights. The suit was
brought pursuant to 42 U.S.C. §1983 and Title II of the ADA, 42
U.S.C. §12132. Named in the suit were The Medical Board of the
State of California (the Medical Board), the Department of Consumer
Affairs of the State of California and its director, and other members
and affiliates of the Medical Board. The District Court dismissed the
suit, holding that the suit was barred by the Eleventh Amendment, which
prohibits private parties from suing states in federal courts. The court
also held that Hason failed to state a claim that could be relieved
under the ADA. The United States Court of Appeals for the Ninth Circuit
reversed, holding that Hason’s Title II claims were not barred by the
Eleventh Amendment because Congress validly abrogated state sovereign
immunity through the ADA. The Court of Appeals further held that Hason
had a valid ADA claim because medical licensing is an "output of
a public agency" which differs from an "input of a public
agency" for purposes of the ADA. ____________________________________________________ DOD activates
site for disabled The Defense Department this week activated a user-friendly website that has assistive technology accommodations for people with disabilities who work at DOD and other agencies. The new
Computer/Electronic Accommodations Program (CAP) website, Cohen said that the site was redesigned to be more accommodating for users and now "allows customers, people with disabilities and federal managers to customize their personal search for program and contact information." DOD launched
CAP in 1990 to eliminate employment barriers for people with visual,
hearing, CAP offerings include: - TTY
machines and TTY software for people with hearing disabilities
Job Accommodation Network (JAN) Contract Renewed with West Virginia University: The U.S. Department of Labor recently awarded a 5 year contract to West Virginia University to continue the JAN service. If you haven't visited the JAN web site recently, please take a look at it. It has portals for everyone, private employers, federal entities, small businesses, educators, state and local governments and job seekers with disabilities. ELA Foundation
Announces the 2002 Scholarship Award Winners: The Ethel Louise Armstrong
Foundation (ELA Foundation) awards scholarships to women with disabilities
in graduate school who show leadership in the disability community.
This year 5 recipients were chosen out of 108 applicants for this award.
The winners of the ELA Scholarship for 2002 are: Joan Wilshire,
the chair of the Minnesota Governor's Committee, is with theHubert Humphrey
Institute-University of Minnesota, where she is getting her Executive
Masters of Public Affairs with Disability Policy Certificate. The ELA
Scholarship is awarded annually. Information and the application for
the 2003 Scholarship can be found on our website at
in January 2003. The next deadline for the ELA Scholarship is on June
1, 2003. The 2002
Tony Coelho Award Winner Announced: On Monday, November 25, 2002, Bender
Consulting Services will present the 2002 Tony Coelho Award to Diana
Burke, Senior Vice President of Information Security Systems and Technology
for RBC Financial Group, at RBC Financial Group's headquarters in Toronto,
Canada. Toll-Free Hotline to Assist Air Travelers with Disabilities: The U.S. Department of Transportation (DOT) has established a hotline to provide general information to consumers about the rights of air travelers with disabilities, respond to requests for printed consumer information, and assist air travelers with time-sensitive disability-related issues that need to be addressed in "real time." The line is staffed from 7 a.m. to 11 p.m. Eastern time, seven days a week. Air travelers who experience disability-related air travel service problems may call the hotline at to obtain assistance. Map-Navigation
Software Developed: "Blind Audio Tactile Mapping System" DisabilityWorld Calls for Submissions on "Disability & Political Violence" The editorial board of DisabilityWorld, (www.disabilityworld.org) the international webzine of news and views, has issued a Call for Submissions on "Disability & Political Violence." Researchers, writers and organizations around the world are invited to contribute articles, annotated bibliographies, photo-essays and audio- video presentations examining the relationship between disability and political violence. The deadline is December 31, 2002. Please submit material to in the following formats: written articles as MS Word (.doc) or plain text (.txt) documents; graphics in JPEG (.jpg) or TIFF (.tif), preferably at 300 dpi resolution; and audio-video files as Real Media or Quicktime files. National Science Foundation (NSF) funds STEM: NSF recently awarded over $4 million in grants to the Northwest Alliance for Access to Science, Technology, Engineering and Mathematics (STEM) for five years, beginning 12/1/02. The purpose of this Alliance is to increase the successful participation of people with disabilities in STEM careers. Project activities are focused in the Northwest region (Washington, Alaska, Idaho and Oregon) and outreach and dissemination efforts extend nationwide. DO-IT (Disabilities, Opportunities, Internetworking and Technology) is the lead agency for the Alliance. DO-IT partners with ENTRY POINT! of the American Association for the Advancement of Science to place STEM post-secondary students with disabilities in paid internships. Lex Frieden
Sworn in with President Bush at His Side: Lex Frieden, with President
George W. Bush standing by his side, took the oath of office as the
National Council on Disability (NCD) chairperson on September 26, 2002,
in a White House Oval Office ceremony led by chief of staff Andrew H.
Card, Jr. For additional information, visit NCD's website at 2003 Nonprofit
Funding Competition Launched: Social Stimulus and the Keiretsu Forum
Foundation have launched a $100k Nonprofit funding competition open
to all US-based nonprofits. The grand prizewinner will receive at least
$50K. The deadline for nonprofit entrants is January 31, 2003 with the
final recipients selected at the end of April 2003.
Donate Used Cell Phones: The Wireless Foundation is supporting a program to recycle or resell used cell phones. 100% of the net proceeds will be shared between Easter Seals, the National Organization on Disability, and the Wireless Foundation. Donate your used wireless phones at your local Sprint Store of Easter Seals location. For additional information Barbara Jordan Media Awards: The deadline for this contest that is 20 years old this year is December 31, 2002. For information about these awards that will be presented in San Antonio at the Westin Hotel on the Riverwalk on April 24, 2003 go to Emerging Leaders Summer Internships: Booz Allen Hamilton invites students with disabilities to apply for their Emerging Leaders Class of 2003. This program combines paid summer internships with leadership development activities. Applications are due by February 1, 2002. Visit Call for Papers: The Institute for Women's Policy Research will hold their 7th conference June 22-24, 2003 at the Capital Hilton Hotel in Washington, D.C. They have issued a call for papers, and one of the topics that they cited is disability. Proposals are due by December 6, 2002. For details on proposal submissions and information on the conference visit their website at Publications "Accommodating Job-Related Travel" Volume 01, Issue 15, which is the latest issue of the Job Accommodation Network's Consultants' Corner is now available at The Well Being of Our Nation: An Inter-Generational Vision of Effective Mental Health Services and Supports The National Council on Disability released this report at a press conference on September 16, 2002. Visit their web site at for a copy (click on "Newsroom" then "Publications"). HalfthePlanet Foundation Releases New Report from the 21st Century Disability Think Tank: HalfthePlanet Foundation released "Disability Policy in the 21st Century: Moving on Up," a report of the July 18 meeting of the 21st Century Disability Think Tank. The report is a snapshot of current disability policy, as well as a first look into the future of how America might look assuming the full contribution of people with disabilities in all aspects of society. It addresses the question -- How do we get the "move" in the disability movement? More information about the 21st Century Disability Think Tank and the full document are available online at National
Council on Disability (NCD): Visit their web site often as they release
new reports frequently. Conferences, Meetings & Courses "Partnerships to Employment" will be held on October 21, 2002, at the Crowne Plaza in Warwick, Rhode Island and features Joyce Bender delivering the keynote presentation, "The Untapped Labor Pool - Hiring People with Disabilities." The Paul V. Sherlock Center on Disabilities at Rhode Island College presents the conference with funding from the U.S. Department of Health and Human Services. To view the 4th Partnerships to Employment conference brochure, and exhibit form, visit the training and events page at "Disability
Career Expo and Workshop" will be held on November 5, 2002, in
New York City. The event's purpose is to help employers find job candidates
with disabilities whose skill sets and experience match employers' hiring
requirements. The event will offer employers and job seekers educational
workshops on important issues regarding disability employment. For more
information go to "Human Capital: Turning Investment to Profit" is the 2002 Business Leadership Network (BLN) Summit. This year's summit, hosted by the U.S. Chamber of Commerce and sponsored by the BLNs of D.C., Maryland and Virginia, will be held in Washington, D.C. from November 18-19, 2002. To view the program and access the registration material, visit Also visit the national BLN web site at "The Power of One: Creating a Change Reaction" is the 2002 annual conference for people with disabilities sponsored by the Indiana Governor's Planning Council for People with Disabilities. The event will be held November 19 -20, 2002, at the Westin Hotel in Downtown Indianapolis. For additional information, contact Governor's Planning Council for People with Disabilities at "Perspectives of Employment of People with Disabilities" This is the annual conference designed to provide education and training for federal government managers and human resources professionals on recruiting, hiring, accommodating, promoting and retaining employees with disabilities in the Federal Government. The conference will be held December 4-6, 2002, at the Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, Maryland 20814. Information and on-line registration can be found at "2003 New Leaders Academy": The National Youth Employment Coalition (NYEC) is currently seeking applicants for the 2003 New Leaders Academy, a competitive year-long professional management and training program specifically designed to equip mid-level youth service professionals with the skills and comprehension necessary to successfully manage and lead youth programs. The New Leaders Academy provides training to mid-level professional youth service staff in current information and best practices on what works in youth employment and the use of available data and successful models of youth employment and youth development. The Academy also helps staff improve management skills and encourages networking with other senior professionals in the field. Application deadline: November 1, 2002. Web Sites DamonBrooks an on-line newsletter designed to provide ADA and EEO information on human resources, meeting and conference planning, association administration, ADA and EEO opportunities, public relations and disabilities/diversity training and awareness. Calendar Of Arts And Disability Events The National Arts And Disability Center (NADC) publishes a calendar as a free public service for any arts event, class, workshop or conference that is accessible to individuals with disabilities and/or features the work of an artist or performer with a disability. Submit postings to Beth Stoffmacher at Center for Women Policy Studies placed two speeches from the September 19 Congressional Briefing on Girls and Young Women with Disabilities. October 11, 2002 Grant Information Ruddier Memorial Youth Foundation The Public
Welfare Foundation is accepting applications for grants ranging from
$25,000 to Youth Service America (YSA) is currently recruiting 50 organizations from across the country to serve as Local Lead Agencies (LLAs) for the 15th Annual National Youth Service Day to be held April 11-13, 2003. The LLAs serve as local, regional, or statewide liaisons for National Youth Service Day (NYSD), promote projects and celebrations, coordinate volunteer recruitment, secure media coverage, etc. LLAs receive a $2,000 planning grant and will organize a coalition to provide quality service and service-learning opportunities and NYSD celebrations for young people. The deadline for application is October 31, 2002. For detailed information, please contact Karen Larson at E-BULLETIN Supreme Court to Clarify Worker Law Associated
Press WASHINGTON
(AP) - The Supreme Court said Tuesday that it will clarify when An Oregon
medical clinic is challenging a ruling that it must follow the law At issue
is whether company shareholders - in this case, four doctors - also The clinic
was sued by an 11-year employee who was fired in 1997. The worker Wells
filed suit under the landmark 1990 Americans with Disabilities Act, Congress
exempted small companies from the law. A split appeals court said Steven
W. Seymour, the attorney for Clackamas Gastroenterology Associates, "Professional
corporations with between 15 and 19 employees are likely to The case is Clackamas Gastroenterology Associates v. Wells, 01-1435. Source: U.S. DOT Creates New Disability Hotline October 1, 2002 As of
early August 2002, the U.S. Department of Transportation began answering
an Aviation Voter Registration Deadline Approaches September 27, 2002 The New
York State Board of Elections reminds us that Friday, October 11th is
the voter E-BULLETIN NYS OFFICE OF ADVOCATE FOR PERSONS WITH DISABILITIES MEDICAID REIMBURSEMENT TO HEALTH CARE PROVIDERS Monday, September 9, 2002 Governor George E. Pataki today announced that the State Health Department will increase Medicaid
reimbursement to health care providers that offer breast cancer screening
services. The higher rate is designed to encourage more providers throughout
the State to offer such services a step that will expand access to potentially
life saving care for thousands of women. EEOC ISSUES
HANDBOOK TO HELP SMALL BUSINESSES COMPLY WITH August 15, 2002 Cari
M. Dominguez, Chair of the U.S. Equal Employment Opportunity Commission
(EEOC), NEW! U.S. ACCESS
BOARD WORKS TO DEVELOP ACCESSIBILITY GUIDELINES FOR August 12, 2002 According
to the U.S. Access Board, on Tuesday, August 12, the Office of Management
and Now that the final rule has cleared the Office of Management and Budget, the Access Board will work to format the document for publication. According to the Access Board, it is expected to be published as a Final Rule by the U.S. Access Board in the Federal Register the last week of August. Not to
be confused with recreation facilities, accessibility guidelines for
outdoor developed areas (trails, beaches, campgrounds, picnic areas,
scenic overlooks) are still under development by the Access Board and
are expected to be released as a Notice of Proposed Rulemaking (NPRM)
sometime in 2003.
August 5, 2002 The United
States Equal Employment Opportunity Commission (EEOC) released a CD- In addition
to the CD-ROM, the EEOC publishes a variety of technical assistance
June 20,
2002 EXECUTION OF MENTALLY RETARDED UNCONSTITUTIONALLY CRUEL Citing a "national consensus," against the practice, the United States Supreme Court ruled 6-3 on June 20, 2002 that executing people with mental retardation who are convicted of murder in unconstitutionally cruel. The case before the Court, Atkins v. Virginia, US Sup. Ct. No. 00-8452, involved Daryl Atkins who was convicted of the shooting death of an individual in 1986. Mr. Atkins has an IQ of 59. The general practice is to classify individuals who have an IQ of 70 or below as mentally retarded. The court left it up to the states who still allow such executions to develop systems that will ensure that the mentally retarded are not executed.
Monday June 20, 2002 NEW YORK STATE SENATE PASSES "MOST INTEGRATED SETTING BILL" The New York State Senate passed a bill on June 20, 2002 that would create a "Most Integrated Setting Coordinationg Council" to develop and oversee the implementation of a statewide comprehensive plan and administer state policies which are in compliance with the Americans with Disabilities Act for individuals with disabilities and placement in most integrated settings. The bill, A9913-B, which passed the Assembly on June 12, 2002 was returned to the Assembly after the Senate vote of 56-0. PUNITIVE DAMAGES NOT ALLOWED IN PRIVATE SUITS ONDER §504 OR ADA June 17, 2002 In a decision involving Congress's Spending Clause power, the United States Supreme Court held that punitive damages may not be awarded in private suits under §202 of the ADA and §504 of the Rehabilitation Act. The case is Barnes et al. v. Gorman, US Sup. Ct. No. 01-682. Monday, June 10, 2002 Supreme Court Rules that Employers May Deny Jobs to Workers with Disabilities Who Face Serious Risks to their Own Health or Safety The Supreme Court ruled on June 10, 2002 that persons with disabilities are not entitled to jobs that might endanger their health. The case, Chevron v. Echazabal, 00-1406, involved Mario Echazabal, who worked at an oil refinery owned by Chevron. Mr. Echazabal had a contingent offer to work directly for Chevron revoked after the company diagnosed Mr. Echazabal with a viral infection of the liver. The company claimed that to hire Mr. Echazabal for the position would expose him to chemicals that would place his health at risk based on the condition of his liver. Mr. Echazabal claimed that he should be able to decide for himself whether or not to accept the risk associated with the position. The Supreme Court rejected this argument and ruled that "The EEOC was certainly acting within the reasonable zone when it saw a difference between rejecting workplace paternalism and ignoring specific and documented risks to the employee himself, even if the employee would take his chances for the sake of getting a job..." The Court seemed concerned about putting the company in a situation where it would not be able to protect an employee from harm. "We want employers to care about their employees, you want employers to take a position that's completely barbarous," Justice Kennedy said to Echazabal's attorney. According to an article published by CNN, Mr. Echazabal's attorneys claim he has no symptoms of the ailment and that he would be able to work at the refinery. Tuesday, April 30, 2002 Supreme Court rules on seniority systemIn what has become a fairly routine split, the U.S. Supreme Court has ruled 5 to 4 in U.S. Airways, Inc. vs. Barnett, that seniority rules, including those that are not part of a formally negotiated union contract, generally trump the reasonable accommodation requirements of Title I of the ADA unless the employee can present evidence of special circumstances that would make an exception to the seniority rule "reasonable."The court ruled that to sacrifice seniority rules for promotion to accommodate workers with disabilities would "undermine" other employees faith in the seniority system.Justice Breyer, writing for the majority, said "The typical seniority system provides important employee benefits by creating, and fulfilling employee expectations of fair, uniform treatment." Tuesday, March 26, 2002 2:29 PM Transportation Department Approves Settlement Regarding the Disabled On March 13 the Department of Transportation announced a settlement between Northwest Airlines and two air travelers with disabilities. The air travelers were alleging that Northwest failed to provide them with wheelchairs, even though they requested the wheelchairs in advance. Northwest Airlines has agreed to pay a $75,000 fine and provide over $500,000 for improving services for disabled passengers. Northwest will be able to offset part of the fine by implementing certain procedures such as, increasing staff for wheelchair service at its hub airport, establishing certain programs designed to allow persons with disabilities to report to Northwest regarding compliance with the Department of Transportation's rules for passengers with disabilities and installing grab bars in the bathrooms of its new A-330 aircraft. For further details of the settlement go to: Monday, March 25, 2002 1:49 PM Bush Acts to Drop Privacy Rule on Medical Data The New York Times Thursday, March 21, 2002The Bush administration proposed today to drop a requirement at the heart of federal rules protecting the privacy of medical records. It said doctors and hospitals should not have to obtain consent from patients before using or disclosing medical information for the purpose of treatment or reimbursement.See link: Thursday, March 21, 2002 10:49 AM Supreme Court to decide Section 504 liability for Local Government The United States Supreme Court announced this January that it will resolve whether municipalities are liable for punitive damages under Section 504 of the Rehabilitation Act and Title II of the ADA. The Case that the Court will use to decide the liability issue, Barnes v. Gorman, involved a wheelchair user, Gorman, who was arrested and tied, for support purposes, to the inside of a non-accessible police van. Gorman received injuries when he fell while being transported in the van. Gorman sued the municipality, Kansas City, Mo., based on his injuries arguing that the city violated Section 504 and Title II of the ADA. A jury awarded Gorman millions of dollars in compensatory and punitive damages but the district court denied the punitive damages based on the argument that punitive damages are not available against municipalities under Title II and Section 504. Some lower courts have allowed state and local governments to be held liable for punitive damages under Section 504 and Title II of the ADA while others do not. The Supreme Court oral arguments are currently scheduled for April. See links.. Wednesday, October 17, 2001 1:11 PM Garcia v. SUNY Health Science CenterRecent case limits ADA Title II monetary suits against states FRANCISCO GARCIA v SUNY HEALTH SCIENCES CENTER OF BROOKLYNU.S. 2nd CIRCUIT COURT of APPEALS(Argued: January 25, 2001 Decided: September 26, 2001)Docket No. 00-9223FactsPlaintiff-appellant Francisco Garcia appealed from a judgement of the United States District Court for the Eastern District of New York (Reena Raggi, District Judge), dismissing his complaint that alleged violations of the free speech guarantee of the First Amendment, see U.S. Const. Amendment I, Title II of the Americans with Disabilities Act, and º504 of the Rehabilitation Act.This appeal stemmed from plaintiff-appellant Francisco Garcia's dismissal from a New York State medical school, SUNY Health Services Center at Brooklyn, following his reported failure to successfully complete the first-year medical school curriculum. After his dismissal, Garcia was diagnosed by a psychologist who then determined he had a learning disability. This diagnosis led Garcia to seek readmission to SUNY but the two could not agree on specific readmission terms although SUNY agreed to readmit Garcia.Garcia then brought suit against SUNY and various SUNY administrators and professors. Garcia alleged violations of (1) the free speech guarantee of the First Amendment (2) Title II of the Americans with Disabilities Act and (3) section 504 of the Rehabilitation Act. The first claim was not a significant issue in this case.IssueWhether the statutory provision removing Eleventh Amendment immunity for suits under Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act may be applied against non-consenting states in private suits seeking money damages.HoldingThe court affirmed the district court's judgement dismissing the complaint. The court in Garcia held that Title II was not enacted pursuant to a grant of constitutional authority (under sec. 5 of the 14th Amendment) that would empower Congress to abrogate state authority. In order to comport with Congress' Sec. 5 authority, the court held that a private suit for money damages under Title II of the ADA may only be maintained against a state if the plaintiff can establish that the Title II violation was caused by either discriminatory animus or ill will due to a disability. The court applied its constitutional analysis of Title II equally to section 504. In doing so the court held that in order for a state to waive its sovereign immunity an "intentional relinquishment or abandonment of a known right or privilege" is required.Rule/ConclusionA plaintiff may sue a state for money damages under Title II of the ADA if the plaintiff can establish that the Title II violation was motivated by either discriminatory animus or ill will due to a disability. Tuesday, May 29, 2001 1:20 PM U.S. Supreme Court decision U.S. high court allows disabled golfer to use cartThe U.S. Supreme Court ruled today that disabled golfer Casey Martin must be allowed to ride in a cart between shots, rather than walk the course, during professional competition.By a 7-2 vote, the high court handed a setback to the Professional Golfers' Association (PGA) Tour, which had argued that changing its rules because of one player's physical condition would fundamentally alter the competition.Justice John Paul Stevens said for the court majority that the Americans with Disabilities Act prohibited the PGA from denying Martin equal access to its tours on the basis of his disability.Martin suffers from a painful circulatory disorder in his right leg that makes it difficult for him to walk long distances. Stevens said allowing him to use a golf cart, despite the PGA's walking requirement, would not fundamentally alter the nature of the tour. |