JFActivist

KATHY MARTINEZ CONFIRMED AS ODEP ASSISTANT SECRETARY

From the Senate Daily Digest (6/26/09):

Kathy Martinez was confirmed by the Senate Thursday, June 25 as ODEP Assistant Secretary.

Blind since birth, Martinez, who has worked as executive director of the World Institute on Disability (WID) since 2005, has worked in employment, asset building, independent living, international development, and diversity and gender issues in her work at WID.

For more information on Martinez:

Obama Nominates ODEP Asst. Secretary Kathy Martinez
http://jfactivist.typepad.com/jfactivist/2009/03/obama-nominates-odep-asst-secretary-kathy-martinez.html

Profile from National Journal:
http://www.nationaljournal.com/decisionmakers/dm/349/

Official Theme of National Disability Employment Awareness Announced

 U.S. Labor Department announces ‘Expectation + opportunity = full participation’ as National Disability Employment Awareness Month theme

WASHINGTON - The U.S. Department of Labor today announced “Expectation + Opportunity = Full Participation” as the official theme for October’s National Disability Employment Awareness Month.  It is intended to urge employers, as they seek to fill positions, to embrace the richness of America’s diversity by considering the talents of all workers, including workers with disabilities.

This year’s theme emphasizes the vision of the Labor Department’s Office of Disability Employment Policy (ODEP):  a world in which people with disabilities have unlimited employment opportunities.  Early selection of an annual theme for upcoming National Disability Employment Awareness Month helps the private sector; federal, state and local governments; and advocacy organizations plan events and programs that showcase the abilities and skills of job seekers and working Americans who have disabilities.
ODEP is the nation’s first assistant secretary-led office that addresses policies that impact upon the employment of people with disabilities. The office provides national leadership on disability employment policy by developing and influencing the use of evidence-based disability employment policies and practices, building collaborative partnerships, and delivering authoritative and credible data on the employment of people with disabilities.

As background for National Disability Employment Awareness Month, Public Law 176, enacted by Congress in 1945, designated the first week in October as “National Employ the Physically Handicapped Week.”  President Harry S. Truman designated the (now former) President’s Committee on Employment of People with Disabilities to carry out the law.  Congress changed the name to “National Disability Employment Awareness Month” in 1988.  The responsibility for leading the nationwide recognition was transferred to the newly created ODEP in 2001.

To see the release on the U.S. Labor Department's Web site, visit http://www.dol.gov/odep/media/press/theme.htm

Massachusetts Activists Celebrate Olmstead Anniversary with Ten Point Plan for Compliance

From David Sternburg, Boston Center for Independent Living (6/22/08):

An overflow crowd of more than 200 activists jammed into and around Nurses Hall in the Massachusetts State House Monday to celebrate the 10th anniversary of the Supreme Court’s Olmstead decision and announce the ‘top ten’ ways to make Olmstead a reality in Massachusetts. Afterward the position platform was delivered by activists to the offices of Governor Deval Patrick, House Speaker Robert DeLeo, and Senate President Therese Murray.



Chants of “No more institutions!” and “Our homes, not nursing homes!” rocked the State House. The state’s human services secretary was among speakers. Included in key points put forward were calls to close all institutions, to support community-based services over nursing homes, to increase funding for integrated housing, and for Massachusetts to become a Model Employer of people with disabilities. All participants were given postcards to send to Senator Kennedy urging support for the Community Choice Act in national health reform.

The event was organized by the Boston Center for Independent Living with strong support from other ILCs, elder homecare groups, mental health activists, Arc of Massachusetts, and SEIU locals.
 
Do you have pictures of your local Olmstead anniversary event?
If you do, send them to JFA@aapd.com and include a small summary of the event!

Digital TV Transition Winds Down: Few People with Disabilities Left in Dark Without Sound

From AAPD (6/26/09):

After months of hard work, it appears that most people with disabilities knew of their options and took steps to avoid being left without TV pictures and sound on June 12, the date when all full-power TV stations completed the digital TV transition. 

However, some have not yet acted.  People wanting to keep their older analog TVs working should know that the TV Converter Box Coupon Program will continue through July 31, which is the last day anyone can apply for the $40 coupon at http://www.dtv2009.gov  If someone has an expired coupon, they can also re-apply up through July 31 and in the space on the online form explain why they let it expire in order to get a re-issue. E.g., no transportation to store, no one to hook it up, couldn’t read the instructions, etc.
 
Some current problems in the DTV transition are with TV reception via the converter box.  Users not getting good TV reception should “re-scan” after turning the box off and unplugging the antenna, then use the menu on the converter box to scan again to pick up all available digital channels. See FCC Consumer Advisory on this at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291403A1.doc
 
We are also hearing a few anecdotes about elderly and socially isolated people not knowing about the digital TV transition, so please look up anyone you may have lost track of to see if they need help.  AAPD has one surplus digital-to-analog DTV converter box available if you know of someone in dire need and we can ship it to them. We are particularly concerned about people missing emergency information on TV. Please contact JSimpson@aapd.com.

Action Alert: Calls Urgently Needed to All Senators - Support Health Care Reform

From CCD (6/23/09):

URGENT ACTION ALERT! Calls Needed to All Senators!!

People with all types of disabilities have a significant stake in securing comprehensive health reform legislation this year that improves access to quality, affordable health and long term services and supports.  According to a 2008 National Center for Health Statistics report from 2001-2005, approximately 19% of non-institutionalized adults with mobility, sensory, and cognitive disabilities and mental illnesses and 17% of people with complex disabilities (such as those that limit self-care, work, or social or leisure activities)  reported being uninsured. This is compared to approximately 19% of adults who do not have a disability who were uninsured. Twenty-eight percent of people with mental illness reported being uninsured, the highest rate among people with disabilities.

The Senate Health, Education, Labor, and Pensions (HELP) Committee has begun its mark-up on health reform legislation.  This historic  legislation addresses many of these access issues including:  prohibiting discrimination based on health status or disability; requiring guaranteed issue of insurance policies; prohibiting pre-existing condition exclusions; prohibiting life-time and annual caps on coverage; and inclusion of community-based long term services and supports.
 
Offices on the Hill are being flooded with calls and emails opposing health care reform.  Please contact your Senators as soon as possible to voice your support for health care reform efforts. This will likely be the only vehicle for enacting long term services and supports. 
 
Your voice is needed now.  Use this toll-free number to contact the offices of your two Senators: 866-210-3678.

Urge others to call their Senators, also!  Our voices must be heard!

Supreme Court Rules Public Must Pay for Private Special Education

From the Disability Rights Legal Center (6/22/09):

 

Children with disabilities who require special education and related services to access learning in schools found support today in the U.S. Supreme Court's decision, Forest Grove School District v. T.A., No. 08-305 (June 22, 2009).  The Court held that when schools do not appropriately identify and provide services to these students, the student may be placed in a private school to meet the special education needs, and the school district may be responsible for reimbursing parents and legal guardians for the tuition to these schools. 

The DISABILITY RIGHTS LEGAL CENTER and DAVIS WRIGHT TREMAINE LLP, filed an amicus brief (friend of the Court) on behalf of the Disability Rights Legal Center, Learning Rights Law Center, Public Counsel, Children And Adults With Attention Deficit/ Hyperactivity Disorder, and California Association For Parent-Child Advocacy in support of T.A. in the U.S. Court. Terri D. Keville, Hal W. Gibson, Lisa J. Kohn of DWT LLP, Paula D. Pearlman and Deborah A. Dorfman of the DRLC co-authored the brief. 

School districts are required to appropriately identify students with disabilities that may be in need of special education and other services.  The young man in question, T.A., had ongoing difficulties in school and was not tested for ADHD despite the parents' multiple requests to the school. When the school failed to identify their child and failed to provide needed services, his parents removed him child from school and placed him in a private school to address his educational needs.  The Supreme Court agreed that the Individuals with Disabilities Education Act (IDEA) permits tuition reimbursement even when the student had not been previously receiving special education services by the public school because the absence of services by refusing to identify a student is as important as the failure to provide adequate services. 

The public interest amici were particularly interested in this right because many of our clients do not have the means to pay for private schools for their children.  The right to recover tuition through a due process hearing will make private special education schools more available to low income students with disabilities and highlights the importance of appropriate identification of all students with special education needs regardless of their income status. 

 

"This case eliminates a two-tier special education system, one for students with means and another for low-income students," stated Paula Pearlman, Executive Director of the Disability Rights Legal Center.

 

For media coverage, see the articles posted below: 
 
From the Associated Press
"Court says public must pay for private special ed"
By JESSE J. HOLLAND
http://www.google.com/hostednews/ap/article/ALeqM5gzxsVAYHwaGjGyXVQAilpK4rfREAD98VQ4J80

From NPR
"Justices Rule For Parents Of Special Ed Student"
http://www.npr.org/templates/story/story.php?storyId=105775080&ft=1&f=2&sc=emaf

Postponed!!: Long Term Services and Supports (CLASS) mark-up postponed

From Office of Senator Edward M. Kennedy (June 25, 2009):

Mark-up of the CLASS Act has been postponed!

The Senate HELP committee will not be able to get to mark-up of the

long term services and supports in the Senate health reform bill (CLASS Act) scheduled for today, June 25. Mark-up has been POSTPONED until after the July 4th recess, and a new date and time has not been announced.

To learn more about CLASS, go to the Long-Term Services and Supports section posted on JFActivist.

Action Alert: CLASS Act to be Marked-Up Tomorrow

From Office of Senator Edward M. Kennedy (June 24, 2009): Disability Community Urged to Attend to Show Importance of CLASS Act!! After many years of hard work and on the heels of the 10th anniversary of the Olmstead Supreme Court decision, Olmstead v. LC, long term services and supports in the Senate health reform bill (CLASS Act) is being marked-up tomorrow by the Senate HELP committee at 10 a.m. in Russell 325! All Advocates, Activists, Family and Friends of the Disability Community are URGED to attend to show legislators how important this issue is to our community, and that we don't want to wait any longer for LONG TERM CARE in Healthcare Reform Legislation! To learn more about CLASS, go to the Long-Term Services and Supports section posted on JFActivist.

Olmstead Anniversary Stirs Up Interest in Long Term Services and Supports

From the JFA Moderator (6/22/09):

With events big and small occurring all over the country in honor of the 10th Anniversary of the Olmstead decision, both the media and public officials sat up and took notice of our communities long ignored demands for Long Term Services and Supports as a means to full-inclusion in the community.

For media coverage, see the articles posted below:

From The Progressive

“10th anniversary of freedom for people with disabilities”

By Mike Ervin, June 21, 2009

http://www.progressive.org/mpervin062109.html

 

From ProRepublica

“Nursing Homes Get Old for Many With Disabilities”

by Jennifer LaFleur

http://www.propublica.org/feature/nursing-homes-get-old-for-many-with-disabilities-621

From the Hartford Courant

"Olmstead Supreme Court Anniversary"
Photo coverage by Richard Messina

Disability advocates marched to the State Capitol to commemorate 10th anniversary of Olmstead Supreme Court decision requiring the state to provide opportunities for people with mental disabilities to live in the community in group homes if they can fare as well as in state hospitals.
http://www.courant.com/news/local/hc-march-2-capitol-pictures,0,6352804.photogallery


For upcoming and past events as well as resources for organizing your own event go to AAPD's Olmstead website http://www.aapd.com/olmstead/aboutolmstead.html

White House Announces Office of Olympic, Paralympic and Youth Sport

THE WHITE HOUSE

Office of the Press Secretary

_______________________________________________________________________________________

FOR IMMEDIATE RELEASE

June 16, 2009

President Obama Announces New White House Office of Olympic, Paralympic and Youth Sport

WASHINGTON – Today, President Barack Obama announced the formation of the White House Office of Olympic, Paralympic and Youth Sport. 

This permanent White House office will promote the values of the Olympic Movement and encourage increased youth participation in athletics.  The primary function of the Office will be to enhance awareness of the Olympic Movement through promotion of its fundamental principles at the federal level.  

President Obama said, “It is an important goal of my administration to give our nation’s children every possible tool they need to grow, learn and succeed in life.  A key part of this is increasing access to healthy, constructive activities like sports for our nation’s children.  Too many American kids – particularly those in urban areas – have no access to organized sporting activities. Sports are an important way to instill values, judgment and teamwork in our nation’s kids, and this new office reflects our commitment to giving all our children a chance to thrive.  As the International Olympic Committee moves forward with their selection process we hope that this new office can serve as a model for youth involvement worldwide.”

The White House Office of Olympic, Paralympic and Youth Sport will:

Recommend federal policies and programs to the President to enhance opportunities and access for youth participation in sport, with particular focus on youth in urban areas

Foster and encourage youth sporting, educational and cultural events involving Olympic values-based programs and the participation of U.S. Olympians and Paralympians

The Office will also work in coordination with appropriate executive departments and agencies, including the Departments of Education and Health and Human Services, to:

Engage in outreach to state and local government officials, nonprofit organizations and the private sector

Coordinate federal resources, and act as liaison to, any organizing committee for an Olympic and Paralympic Games hosted in the United States

And work closely with the United States Olympic Committee and national sport governing bodies to increase access and opportunities for youth to participate in sports.