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December 22, 2008

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James Swanson

How do we express our concerns in this matter to the incoming administration?

Karen L. MacElroy

The national disabled community should be using this window of opportunity to be heard about equal access reform. We can share the media spot light (under the microscope) on the designate Secretary of Education to alter the media on what concerns we have about Arne Duncan representing disabled students and what equal access reform we expect him to implement as the new Secretary of Education. Especially since President Elect Barack Obama has promised a ‘comprehensive agenda to empower individuals with disabilities to fits in with equalizing opportunities for all Americans, to reclaim America's global leadership on this issue by becoming a signatory to -- and having the Senate ratify -- the UN Convention on the Rights of Persons with Disabilities”. His promise includes a four-part plan designed to provide lifelong supports and resources to Americans with disabilities. The first part is the most important faucet to achieve equality, because of significant failure in four-year Universities is as follows:

“First, provide Americans with disabilities with the educational opportunities they need to succeed.

Second, end discrimination and promote equal opportunity.

Third, increase the employment rate of workers with disabilities.

And fourth, support independent, community-based living for Americans with disabilities.”

Elisabeth Doyle, an international law attorney states,

“There is no emphasis on vocational training here in the U.S. under the law and it’s very difficult to talk seriously about raising levels of people with disabilities in the workforce when we’re not also talking about vocational training and education”.

Sadly, it seems some school “faculty and staff members believe students who use accommodations are not being held to the same rigorous academic standards as their peers. Although that has never been the purpose of accommodations, the ‘perception’ of the reduction of academic standards exists, and ‘hurts’ students with disabilities”. Emphasis Added.

President Elect Obama supported the passing of the new ADA Amendment Act (ADAAA), which will take affect January 1, 2009. Nevertheless, we should have great concerns with the regulatory agencies enforcing these new disability anti-discrimination laws, since they seem to have an overwhelming national backlog of pending discrimination and retaliation cases.

In a recent telephone conversation with Tom Webb, at the Higher Education Government Accountability Committee Office, he confirmed the serious problems with the U.S. Department of Education backlog of discrimination cases that extended well over a years before they are investigated, if at all. He also announced there is some major housecleaning underway at the U.S. Department of Education. As a result, we should see some marked changes in the next few months.

Nevertheless, the U.S. Department of Education, Department of Justice and other governmental agencies were all opposed to the new ADA Amendment Act that also amended the Rehabilitation Act. Therefore, in order to accomplish President Elect first step,

“Provide Americans with disabilities with the educational opportunities they need to succeed”,

we must hold designate Arne Duncan Secretary of Education and all other in the regulatory agency law enforcement position accountable to enforce equal access reform. If not, it does not matter how many new laws are passed (i.e. new ADA Amendment Act, amended Rehabilitation Act, Higher Education Opportunity Act, etc.), if none of the regulatory agencies will properly enforce Civil Rights laws to protect the disabled students. Therefore, we need an independent watchdog regulatory agency in America to protect the disabled community and implement equal access. reform.equalaccessreform.com

Karen L. MacElroy

We have a wonderful opportunity for equal access reform.

The national disabled community should be using this window of opportunity to be heard about equal access reform. We can share the media spot light (under the microscope) on the designate Secretary of Education to alter the media on what concerns we have about Arne Duncan representing disabled students and what equal access reform we expect him to implement as the new Secretary of Education. Especially since President Elect Barack Obama has promised a ‘comprehensive agenda to empower individuals with disabilities to fits in with equalizing opportunities for all Americans, to reclaim America's global leadership on this issue by becoming a signatory to -- and having the Senate ratify -- the UN Convention on the Rights of Persons with Disabilities”. His promise includes a four-part plan designed to provide lifelong supports and resources to Americans with disabilities. The first part is the most important faucet to achieve equality, because of significant failure in four-year Universities is as follows:

“First, provide Americans with disabilities with the educational opportunities they need to succeed.

Second, end discrimination and promote equal opportunity.

Third, increase the employment rate of workers with disabilities.

And fourth, support independent, community-based living for Americans with disabilities.”

Elisabeth Doyle, an international law attorney states,

“There is no emphasis on vocational training here in the U.S. under the law and it’s very difficult to talk seriously about raising levels of people with disabilities in the workforce when we’re not also talking about vocational training and education”.

Sadly, it seems some school “faculty and staff members believe students who use accommodations are not being held to the same rigorous academic standards as their peers. Although that has never been the purpose of accommodations, the ‘perception’ of the reduction of academic standards exists, and ‘hurts’ students with disabilities”. Emphasis Added.

President Elect Obama supported the passing of the new ADA Amendment Act (ADAAA), which will take affect January 1, 2009. Nevertheless, we should have great concerns with the regulatory agencies enforcing these new disability anti-discrimination laws, since they seem to have an overwhelming national backlog of pending discrimination and retaliation cases.

In a recent telephone conversation with Tom Webb, at the Higher Education Government Accountability Committee Office, he confirmed the serious problems with the U.S. Department of Education backlog of discrimination cases that extended well over a years before they are investigated, if at all. He also announced there is some major housecleaning underway at the U.S. Department of Education. As a result, we should see some marked changes in the next few months.

Nevertheless, the U.S. Department of Education, Department of Justice and other governmental agencies were all opposed to the new ADA Amendment Act that also amended the Rehabilitation Act. Therefore, in order to accomplish President Elect first step,

“Provide Americans with disabilities with the educational opportunities they need to succeed”,

we must hold designate Arne Duncan Secretary of Education and all other in the regulatory agency law enforcement position accountable to enforce equal access reform. If not, it does not matter how many new laws are passed (i.e. new ADA Amendment Act, amended Rehabilitation Act, Higher Education Opportunity Act, etc.), if none of the regulatory agencies will properly enforce Civil Rights laws to protect the disabled students. Therefore, we need an independent watchdog regulatory agency in America to protect the disabled community and implement equal access reform.

EqualAccessReform.com

Footnotes:
1. Thompson’s ADA Compliance Guide newsletter, Disability Advocates Encourage Obama To Sign Disability Rights Treaty, December 2008/Vol. 19.No. 12

2. Cory, Ph.D., Rebecca C. (2009) Rationale for Using Universal Design January 2009 Section 504 Compliance Handbook newsletter, No. 362, p.4-5

3. Tom Webb , Higher Education Government Accountability Committee Office in charge of covering disability at 202-226-2068

Karen L. MacElroy

Happy New Year, especially since the ADA Amendment Act (ADAAA) that amends the Rehabilitation Act came into affect today.

We do have practical solutions to significantly boost the economy, increase tax revenues, and reduce the number of recipients on Social Security Disability, Welfare, MediCal and Medicare, which would stimulate the economy and reduce our nations deficit. However, “there is no emphasis on vocational training here in the U.S. under the law and it’s very difficult to talk seriously about raising levels of people with disabilities in the workforce when we’re not also talking about vocational training and education” Elisabeth Doyle Esq. declares. This is exactly why the U.S. Department of Education Office of Special Education and Rehabilitation Services are awarding four million dollars to improve policies and practices, and public benefits, which would increase equal access to qualified disabled students to “provide Americans with disabilities with the educational opportunities they need to succeed. Second, end discrimination and promote equal opportunity. Third, increase the employment rate of workers with disabilities. Fourth, support independent, community-based living for Americans with disabilities.” and why I have created Equal Access Reform http://www.equalaccessreform.com/ to help all disabled students nationally achieve equal access.

Lastly, Colleges and Universities need to recognize the important aspects of providing the needed “effective’ accommodations to the disabled students or even moving towards Universal Design, which provides additional opportunity of equality to not only disabled students, but also all minorities and non-disabled students, reducing the need for individual accommodations and services.

kps_dg

Does the Education Rendered Comport with the IEP? Author: Anne M. Zachry

In special education, the implementing regulations of the Individuals with Disabilities Education Act (“IDEA”) establish the basic framework of how the process is supposed to work, but it’s the case law that comes from due process cases and their appeals that refine the use of some terms in many cases. Often, the case law summarizes bits and pieces of the regulations taken from different legal citations to arrive at the formal definition of a particular term, such as the definition of a Free and Appropriate Public Education (“FAPE”). Read the rest of this entry »http://www.kps4parents.org/blog/

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