JFActivist

Technology Innovation and Collaboration

From the NY Times (Dec. 17, 2008):


Software That Opens Worlds to the Disabled
By JAMES FLANIGAN

ONE computer program would allow vision-impaired shoppers to point their cellphones at supermarket shelves and hear descriptions of products and prices. Another would allow a physically disabled person to guide a computer mouse using brain waves and eye movements.

The two programs were among those created by eight groups of volunteers at a two-day software-writing competition this fall. The goal of the competition, sponsored by a nonprofit corporation, is to encourage new computer programs that help disabled people expand their capabilities.

The corporation, set up by computer science students and graduates at the University of Southern California, is named Project:Possibility...

>>> For the Full Article (may require Free Subscription)

From VOANews (Dec. 18, 2008)

Computing Technologies Revolutionize Lives of People with Disabilities
By Shelley Schlender

The personal computer has transformed the way people communicate and get things done, but the technology has been nothing less than a revolution for people with disabilities.

Training experts crowded around computers at a recent conference in Boulder, Colorado, as 50 featured speakers took turns explaining how high-tech machines can be even more useful when the person using them is deaf, blind or physically disabled...

..Dean Colby, an organizer of the assistive technology conference, knows the value of these technologies firsthand.

"As a person who's in a wheelchair, such as myself, it's important to have these kinds of conferences and get-togethers so people who are providing people like me with the kinds of technologies they need to succeed in the workplace or go to school or whatever, these kind of people can hook up. 'Cause the technologies are always evolving," he says...

 
>>> For the Full Article

IDEA Changes

From Training Resource Network, Inc. (Dec. 16, 2008):

Important Changes in IDEA Regulations Adopted by US DOE

On December 1, the US Department of Education (DOE) issued final regulations amending several rules relating to special education and the Individuals with Disabilities Education Act. First, for the first time in the history of special education, parents now have the right to revoke consent at any time to their child's participation in special education. This must be provided to the school district in writing. The parents or the school may at a subsequent date request that the child be reconsidered for special education again. However, if the parents revoke the consent, the school is not responsible for failure to provide a free appropriate education. Also, under the new IDEA regulations, the rules as to whether a non-lawyer may represent either the parent or the school at a due process hearing will now be governed by state law. These regulations take effect on December 31, 2008.

>>> For the Full Updated Regulations

Editorial: Host your own Healthcare Adivosory Roundtable

Dear Activists,

President-elect Obama's transition team says they want to hear from us on healthcare.  So, the time has come to rise up and speak up as never before.  Let's contribute the single payer -- publicly funded, privately delivered -- healthcare message loud and clear. 
Go to the change.gov site to sign up and host a health care community discussion.

>>> http://change.gov/page/s/hcdiscussion

If we're going to have a seat at the discussion table, we're going to have to invite our friends, neighbors and family, set the table and serve up the best option for this nation's healthcare mess --single-payer facts can be found here:

>>> http://www.guaranteedhealthcare.org/facts

Now is the time for national single-payer health care, but it will take a movement to make single-payer health care equality a reality. 
 
Happy Holidays,
Jean Fox

Comment Below: This contributor certainly has a strong perspective!  What is yours?  What are the pros and cons of single-payer healthcare?  Will it help or hurt our community? What are the alternatives? Agree or Disagree what will you be saying at your Heathcare Advisory Roundtable?

DOJ Settles with DC over Inaccessible Shelters

Submitted to Justice For All (Dec. 23, 2008):

DOJ Enters into ADA Settlement Agreement for Homeless Shelter in Washington, D.C.
Summary by Mark Dubin, Director of Advocacy, Center for Independent Living of South Florida

On December 12, 2008, the Justice Department (DOJ) entered into a settlement agreement with the District of Columbia (DC) resolving its investigation into accessibility of  DC’s homeless shelter program for individuals with disabilities under title II of the Americans with Disabilities Act.  DOJ had initiated an investigation after receiving individual complaints alleging widespread ADA violations in the program.

The settlement requires DC to develop a comprehensive plan to make shelter program facilities accessible to and usable by individuals with disabilities. Before DOJ approves the plan, however, DC must allow interested persons, including shelter residents and organizations that represent shelter residents, to comment on the plan and must hold at least one public hearing for public comment, the first time DOJ has required this of a public entity.

Other parts of the agreement address reasonable modifications, effective communication – including entering into contracts with sign language and oral interpreters and providing alternate formats upon request—accessible transportation, training of shelter staff and oversight of contractors and subcontractors.

In January 2008, DC had 4,208 homeless individuals and 587 homeless families, approximately 3,000 of these individuals reside in the District’s emergency shelters and are covered by this settlement. 23% of DC’s homeless residents have a physical disability, 19% have a severe mental illness, and 2% have HIV or AIDS.

>>> For the DOJ Press Release

>>> For the full text of the settlement

>>> For Washington Times Article

Accessibility at the Presidential Inauguration

Accessibility Options at the Swearing-in Ceremony

All entrances to the ceremony are accessible.  Signs will be posted in all areas to indicate:   

• Designated accessible areas
• Sign language interpreter locations
• Restrooms.   

Sign Language Interpreters will be located at designated positions within each ticketed section, with the exception of the Mall Standing Area. There will be jumbo-trons (large television screen) with open captioning positioned on the Capitol Plaza (blue, red, green, and yellow ticket holders) and within the Mall Standing Area

For more information regarding accessibility options for the 2009 Presidential Inauguration go to http://inaugural.senate.gov/2009/accessibility.cfm

or contact Mazen Basrawi, Disability Liaison for the Presidential Inauguration, at mbasrawi@pic2009.org

Action Alert! Pressure the New Administration for Jobs for People with Disabilities

Yesterday a group of national consumer controlled disability organizations sent a letter to key players in the Obama administration to pressure them into living up to their promises to our community.  It is time to turn on the HEAT!

We want JOBS for people with disabilities in the new administration!

We want a domestic policy adviser IN THE WHITE HOUSE who is knowledgeable about and experienced in disability issues!

We want our voices heard and our opinions valued as appointments and decisions are made that will affect our lives!

Contact the members of the transition team and let them know that you expect the disability community's input to be respected in the new administration. 

We won't get a chance like this for a long time.  Don't let it pass us by!

Contact:
Lisa Brown at Lisa.brown@ptt.gov
or
Kareem Dale at Kareem.dale@ptt.gov

Feel free to use all or portions of the letter posted below or write your own.

December 23, 2008

Melody C. Barnes
Designee – Assistant to the President for Domestic Policy
Lisa Brown
Designee – Staff Secretary
Presidential Transition Team
451 6th St., NW
Washington, DC  20001
Sent via email: kareem.dale@ppt.gov

Dear Ms. Barnes and Ms. Brown:

We are writing on behalf of the more than 50 million Americans with disabilities to urge you to carry out the commitment President-elect Obama made to the disability community during the campaign.  Specifically, the undersigned grassroots consumer controlled organizations are writing to urge you to include a qualified person with a disability, who is an expert in disability policy, to serve on the Domestic Policy Council (DPC).  As a collective of organizations, we represent the full spectrum of disabilities.

We are concerned that there has been little outreach to disability-run organizations in the selection process for President-elect Obama’s Cabinet and political appointees and we are concerned that the appointments to date do not reflect a concerted effort to include qualified individuals with disabilities to serve in senior positions in the new Administration. Familiarity and experience with disability issues and the disability community is critical to implementing the inclusive vision for America that President-elect Obama campaigned on.  In short, we strongly urge you to act promptly to identify a qualified candidate from our community to join the domestic policy team in the White House.   As you are aware, there are a number of highly qualified individuals from the disability community with broad experience in a range of domestic policy issues who could contribute to policy development in the White House.  It is absolutely critical to us that such an appointee is skilled and knowledgeable in the ways that policy decisions across the spectrum impact and affect the disability community.

Additionally, we are concerned that there has been little outreach to the disability community to seek our opinions on potential candidates throughout the new Administration.  There are many individuals with disabilities that have the expertise and background not only to fill positions related to disability but other areas of government as well - from environment and energy to defense and foreign policy. 

We stand ready to support the policy changes President-elect Obama and Vice President-elect Biden outlined in their Plan to Empower Americans with Disabilities. The participation of qualified people with disabilities in shaping policy is critical to the success of the programs and services that enhance our lives. We will continue to provide input and advice from our community leaders with disabilities. We look forward to implementing these initiatives that will enable people with disabilities to participate in and contribute to society.

Many other organizations in our loose coalition share our sentiments expressed in this letter but, due to the Holidays, have not signed on.  We are sure you will be hearing from them on this matter as well.

Thank you for your leadership. We look forward to working together to achieve these goals.  Please do not hesitate to contact Deb Cotter of the NCIL Policy staff by phone: (202) 207-0334 or email: Deb@ncil.org if we can be of any assistance.

Sincerely,

Access Living
American Association of People with Disabilities (AAPD)
National Coalition of Mental Health Consumer/Survivor Organizations (MCMHC/SO)
National Council on Independent Living (NCIL)
National Spinal Cord Injury Association (NSCIA)
Northeast Independent Living Program (NILP)
Special Olympics
Shepherd Center

CC:
Valerie Jarrett
Pete Rouse
Tina Chen
Jim Massina
Patrick Gaspard
Michael Strautmanis

       

NC First State to Recommend Reparations for Eugenics Program

From WRAL.com (Dec. 18, 2008):

Panel recommends money for sterilization victims

By MIKE BAKER
Associated Press Writer

RALEIGH, N.C. — North Carolina lawmakers pushed Thursday to offer reparations to thousands of victims of a forced sterilization program now recognized as a shameful part of U.S. history.

A state House panel recommended the state give $20,000 to victims of the eugenics program, which sterilized about 7,600 people between 1929 and 1975 who were considered to be mentally handicapped or genetically inferior. Though North Carolina and several other states have apologized for such programs, none have offered reparations...

>>> For the entire article

Obama's Education Pick Failed Special Education

From a Report by Access Living (Dec. 22, 2008):

Arne Duncan and student outcomes in the Chicago Public Schools

 

On December 16, 2008, President Elect Obama introduced Arne Duncan, CEO of the Chicago Public Schools, as the Secretary of Education designate.  Locally, and nationwide, Duncan has earned a reputation as a school reformer in the area of general education. 

Since 2001, when Duncan’s tenure began, CPS has: 

• Increased the percent of elementary school students reading at or above the national norms by 3 percentage points to 43.2 percent. Reading scores increased in 72% of all elementary schools.
• Increased the percent of elementary school students performing at or above the national norms in math by 3.8 percentage points to 46.9 percent. Math scores increased in 74% of all elementary schools.
• Increased the percentage of students meeting State Standards, from 38.3% in the 2000-2001 school year, to 65.2% in the 2007-2008 school year. 
• Started the Renaissance Schools initiative, including opening numerous new schools under an educational concept that has sought to serve as the model for replacing failing schools.

With regards to the 53,000 students with disabilities attending Chicago Public Schools, during Duncan’s tenure:

o   From FY 09 through FY 2012, CPS has committed $23 million per year of Capital Project Funds for Americans with Disabilities Act projects. These projects will make numerous previously non-accessible schools available for students with disabilities, and will allow some students, who would have been bused long distances, to attend schools in their own communities.

o   In November 2008, Access Living issued a report based on the survey data[i] collected by CPS Staff for former CPS Students with disabilities.  The survey data indicated that, of those CPS students with disabilities who allegedly went directly into the workforce after dropping out or graduating, 67.5% were unemployed.

o   Only 1.9% of former CPS students with disabilities surveyed were enrolled in a four year college one full year after graduation.  Based on national longitudinal analysis, about 16% of students with disabilities gain a Bachelor’s degree, 6% get an Associates Degree, and about another 19% gain a certificate of any type five years after graduation.[ii]

o   In 2006, Duncan proposed to cut $26.5 million from the CPS FY 07 Special Education Budget.  If the cuts had been implemented, an estimated 200 special education teachers and 750 special education aides would have been laid off.  The $26 million would have been nearly 50% of the total cuts to the CPS budget for fiscal year 2007.  Students with disabilities represent less than 20% of the overall CPS Student Body.  After critical response from the Chicago disability community, Duncan restored nearly half the $26 million in cuts. 

o   In 1997, the CPS entered into the Corey H Settlement Agreement, under which CPS agreed to place students with disabilities in the least restrictive environment.  The Seventh Circuit ruled to extend the settlement agreement until 2010.  During his tenure as CEO, Duncan appealed the extension of the settlement.  The Court of Appeals rejected the appeal. 

o   The gap in reading performance between CPS students who were disabled and non-disabled grew consistently between 2001 and 2006 at most grade levels.[iii] For the subgroup of students with disabilities, progress is required to be measured under NCLB by the extent they close the achievement gap with their non-disabled peers.[iv] (see chart)

 

Performance Gap in Reading grades 3, 5, 8, and 11

While Duncan earned a reputation as an innovator with CPS, several of the points listed above indicate that outcomes for the 53,000 students with disabilities in Chicago have lagged behind.  As Secretary of Education for the United States, Duncan would have the opportunity to dramatically impact outcomes for students with and without disabilities throughout the nation.  Access Living urges Duncan, the Department of Education and the Obama Administration to adopt and support policies and programs that enable all students to have equal access to opportunities in education. With regards to students with disabilities, Access Living urges the Obama Administration to implement the goals listed below.  These goals come from a coalition of consumer controlled disability groups that have developed recommendations for the new administration:

 

·          Fully Fund the Individuals with Disabilities Education Act (IDEA) to ensure the rights of students with disabilities to a free and appropriate public education in the least restrictive setting and the development of effective, innovative special education programs based on the needs and issues of students with disabilities.

·         Protect students with disabilities from school abuse, including electroshock and aversive therapies.  Require schools to enforce federal laws that protect people with disabilities from abuse in institutional and treatment settings. 

·         Expand and enhance the commitment to funding, effective monitoring and enforcement of the Individuals with Disabilities Education Act, the Americans with Disabilities Act, the Elementary and Secondary Education Act, and Section 504 of the Rehabilitation Act. 

·         Integrate the re-authorization of the Elementary and Secondary Education Act (ESEA) and IDEA so they are accountability-focused, research-driven and advance opportunities for students with disabilities.

·         Improve Student Transition: Work to create mechanisms and opportunities that allow students with disabilities to pursue higher education and a direct transition to work, and eliminate barriers that prevent students with disabilities from higher education and employment.

 

Chicago’s only center for independent living, Access Living is a cross disability organization, nationally recognized as a leader in the field of independent living and a premier local provider of services for people with disabilities.  As an advocate on behalf of students with disabilities in Chicago, Access Living has a long history of working on behalf of students in the Chicago Public Schools.  For more information, contact Gary Arnold at 312.640.2199 (voice), 312.640.2102 (TTY); or Rodney Estvan at 312-640-2149 (voice).

---

[i] Estvan, R. D. (November 2008) “Post Secondary Outcomes For Chicago Public School Students with Disabilities” Access Living Chicago Illinois.

[ii] Horn, L and Bertold, J. (1999, June) Students with Disabilities in Post Secondary Education National  Center for Education Statistics

[iii] Data Source: Interactive Illinois Report Card for SD 299 Achievement Gap IEP non-IEP.

[iv] NCLB requires that states set performance targets for students with disabilities to close existing performance gaps.

HHS Nominee, Senator Tom Daschle's Words on Long Term Care

Senator Tom Daschle - What's He Said About Long Term Care 
By Steve Gold

President-elect Barack Obama has nominated former Senator Tom Daschle to be Secretary of the U.S. Department of Health and Human Services.  His book "CRITICAL - What We Can Do About the Health-Care Crisis," (Thomas Dunne Books, St. Martin's Press, 2008) is quite important for advocates of the disability and elderly communities.  Below are some relevant portions of the book.

The book starts out with the following quote: "Millions of our citizens do not now have a full measure of opportunity to achieve and enjoy good health. Millions do not now have protection or security against the economic effects of sickness.  The time has arrived for action to help them attain that opportunity and that protection."

Whom did he quote?  Clinton?  No.  President Harry Truman, 1945. Daschle writes that both Truman in 1945 and Clinton in 1993 "underestimated the strength of the forces arrayed against them.  Special-interests lobbyists...."  He asks "Why have we failed to solve a problem that is such a high priority for so many citizens?... the limitations of our political system, and the power of the interest groups...."

Here's what he writes about "long-term care," which he recognizes as a "troubling area - and the only one in which we spend less compared to peer nations."  Medicaid "is fundamentally geared toward institutional care, even though most elderly people prefer to receive care at home or in more personalized community settings."

Daschle quotes Professor David Mechanic who calls "long-term care' the stepchild of our health-care system'," which "vividly exhibits our system's inability to deal with chronic conditions in an integrated way."

"I believe that our health-care system must cover these vital services [i.e., long-term care]....  We should promote home-based care, which most people prefer, instead of the institutional care that we emphasize now."

OK. Now let's see if he will walk-the-walk, and not just talk-the-talk.

Will Daschle and Obama have both the will and fortitude to stand up to the "power of the interest groups" that have forced people with disabilities and elderly Americans to go into nursing facilities instead of receiving care at home?

Will he take the initiative and make sure Medicaid provides every elderly and disabled American the choice of where they wish to receive long-term care?

We know that the "interest groups" will not roll over.  Our challenge is to hold Daschle and Obama to their statements.  "Yes we can."  We have the power!!!!  Write letters to your local newspapers and opinion pieces, quoting Daschle. Tell stories of real people.

South Dakota Developer Charged for Inaccessibility

Government Finds South Dakota Apartment Builder Discriminates against People with Disabilities

This fall, the government’s Housing and Urban Development (HUD) agency brought a charge about lack of accessible design and construction against a South Dakota developer.  HUD charged the builder of an apartment complex with violating the Fair Housing Act for failing to design and construct multifamily buildings with basic adaptive features that would allow use by people with disabilities.  HUD found that East Briar Estates, a 32-unit, four-building complex in Sioux Falls, South Dakota, certified for first occupancy in 1996, was designed and built with inaccessible sidewalks and garages, narrow interior doors, and insufficient clearance space in the bathrooms, among other violations. HUD’s charge attached. To file Fair Housing discrimination complaints go to HUD’s website at http://www.hud.gov/complaints/housediscrim.cfm

Comment Below: Have you filed a housing complaint?  What was HUD's response?  Share any tips you might have for improving inaccessibility cases.