The Disability Law & Policy e-Newsletter
An electronic publication of
The Law, Health Policy & Disability Center at the
University of Iowa College of Law
http://disability.law.uiowa.edu/
and
The Burton Blatt Institute at Syracuse University
http://bbi.syr.edu
July 25, 2011
Volume 8, Issue 6
The Disability Law & Policy Newsletter is a monthly publication that aims to inform disability advocates, scholars, and service providers of the most current issues in disability law, policy, research, best practices, and breaking news.
Dear Colleague:
Below is a topical overview of the items presented in this issue.
A. CIVIL RIGHTS: Americans with Disabilities Act (ADA), Sections
504 & 508 of the Rehabilitation Act, and state civil rights law
B. EDUCATION: Special education & youth transition to
successful postsecondary outcomes
C. TECHNOLOGY / TELECOMMUNICATIONS: Assistive, information,
and communication technologies
D. HEALTHCARE / BENEFITS: Social Security Income / Social Security Disability
Income / Medicaid & Medicare
E. WORKFORCE: Workforce Investment Act (WIA), Ticket to Work
and Work Incentives Improvement Act (TWWIIA), & Vocational Rehabilitation
F. INDEPENDENCE: News for and about the Independent Living
Movement
G. EMERGENCY RESPONSE / PREPAREDNESS: Disaster mitigation and preparedness news
H. INTERNATIONAL: News for and about disability topics
outside the U.S.
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A. CIVIL RIGHTS
1. NYC Taxi and Limousine Commission Sued over Inaccessible New Taxis
A leading disability rights group, Disability Rights Advocates (DRA), brought a lawsuit against the New York City Taxi and Limousine Commission for its recent selection of the Nissan NV200 Minivan as the standard taxicab for the city. The NV200 is not wheelchair accessible, and the DRA is seeking an injunction--citing both city law and the Americans with Disabilities Act--halting the City's order of these vehicles, which will eventually number 13,000 and are expected to start appearing on city streets in 2013.
Other major world cities, such as London, have already implemented fully accessible taxi fleets. Only 1.8% of New York's current fleet is wheelchair accessible. Connie Pankratz, deputy communications director for the New York City Law Department, has stated that "[n]o federal or local law requires that taxicabs be accessible to people with wheelchairs, and in fact, the ADA specifically exempts taxicabs from the requirement." The DRA contends this exemption is only for private car services and does not apply to vans such as the Nissan NV200. The suit was filed in US District Court in May.
Full Story: Sheila Anne Feeney, Disability Rights Group Seeks to Halt New Cabs, AM New York, May 18, 2011, available at
http://www.amny.com/urbanite-1.812039/disability-rights-group-seeks-to-halt-new-cabs-1.2885176
2. Push for Legal Counsel for Intellectually Disabled People in Immigration Proceedings
On May 18, 2011, NGO Human Rights Watch made a statement before the US Senate Committee on the Judiciary regarding immigration court backlogs and the need to provide counsel. Human Rights Watch argued that the Department of Justice's failure to provide counsel to people with intellectual disabilities violates immigrants' rights to a fair hearing. Human Rights Watch also cited the UN Convention on the Rights of Persons with Disabilities (CRPD), which seeks to ensure effective access to justice for persons with disabilities (Article 13) and provides for the right to legal assistance so that individuals with intellectual disabilities can participate in proceedings determining their rights (Article 12).
Current regulations state that an individual deemed to be "mentally incompetent" in immigration proceeding may be represented by a "custodian," meaning the warden of the facility where the individual is detained may also represent the individual during proceedings. Human Rights Watch, in its statement, recommended that this regulation be eliminated, and that Congress mandate that the Department of Justice provide counsel to defendants with intellectual disabilities.
Full Story: Human Rights Watch, US: Reduce Immigration Court Backlog by Decreasing Transfers, Providing Counsel, Statement to the Senate Committee on the Judiciary, May 18, 2011, available at
http://www.hrw.org/en/news/2011/05/18/us-reduce-immigration-court-backlog-decreasing-transfers-providing-counsel
3. Netflix and Time Warner Sued for Failure to Provide Closed Captioning
Two lawsuits were filed on June 15th and 17th by disability advocacy groups against Netflix and Time Warner for failing to provide closed captioning. On June 17, 2011, the National Association of the Deaf filed a lawsuit in Massachusetts federal court, accusing Netflix of violating the Americans with Disabilities Act (ADA) by failing to provide the deaf with equal access to its "watch instantly" digital video. According to the complaint, Netflix provides captions on less than 5 percent of its streaming titles, despite repeated requests from the association dating back to 2009. According to the complaint, "[W]hile streaming [video] provides more access to entertainment to the general public, it threatens to be yet another barrier to people who are deaf and hard of hearing" in violation of the ADA , which requires that places of entertainment provide full and equal enjoyment for people with disabilities.
On June 15, 2011, the Greater Los Angeles Agency on Deafness (GLAD) and three individuals sued Time Warner Inc., in California state court for failing to caption its online news videos at CNN.com. Although many of the videos on CNN.com are accompanied by text, the script is not a substitute for captioning because it seldom matches the content of the video, according to the complaint. Both lawsuits seek injunctions requiring the companies to provide closed captions on all streaming video content.
Full Story: Terry Baynes, Netflix, Time Warner Sued by U.S. Deaf Groups, New York, Reuters, Jun. 17, 2011, available at
http://www.reuters.com/article/2011/06/17/netflix-lawsuit-idUSN1711044420110617
4. DOJ Lawsuit Alleges Disability-Based Housing Discrimination in Three States
On May 19, 2011, the Justice Department filed a lawsuit against the owners, developers, and design professionals who designed and constructed nine multi-family housing complexes in Mississippi, Louisiana, and Tennessee. The complexes comprise over 2,000 apartments with more than 800 ground-floor units required by the Fair Housing Act to contain accessible features. Eight contain leasing offices that are required by the Americans with Disabilities Act (ADA) to contain accessible features. The federal Fair Housing Act prohibits discrimination based on disability in public housing, and Title III of the ADA requires that public accommodations comply with standards to ensure accessible public and common use areas.
The suit, filed in the U.S. District Court for the Southern District of Mississippi, alleges that the properties are inaccessible to persons with disabilities because they lack accessible pedestrian routes; accessible parking; accessible routes through doors and into and through the units; accessible locations of light switches, electrical outlets, thermostats and other environmental controls; and have kitchens and bathrooms that are inaccessible to persons in wheelchairs.
The suit seeks an order declaring that the defendants violated the Fair Housing Act and the ADA; prohibiting the defendants from engaging in future discrimination in the design and construction of multi-family housing; requiring the defendants to bring the dwellings into compliance with fair housing laws; and awarding monetary damages to persons harmed by the discriminatory housing practices.
Full Story: Justice Department Files Lawsuit Alleging Disability-Based Housing Discrimination at Nine Apartment Complexes in Three States, Department of Justice, May 19, 2011, available at
http://www.justice.gov/opa/pr/2011/May/11-ag-646.html
B. EDUCATION
1. New Bill from Alabama Welcomes All Support Dogs into Schools
The Alabama state legislature passed a bill on June 2, 2011, that allows all types of service dogs, including autism therapy dogs, into Alabama schools. This law is a change from the current law, which allows service dogs only for people with hearing or vision impairments. The implementation of this bill allows aides, who assist students with autism, to be trained to work with the child and the service dog as a team. Anna Laura Bryan, a Miss Alabama Pageant contestant has been a vocal advocate for this bill.
A similar bill in other states could act as a remedy for at least one case that has arisen as a result of an Oregon school district denying a student with autism access to his service dog at school. (K.D. v. Villa Grove Community School Unit School District No. 32 Board of Education).
Full Story: Kristina Chew, Alabama Passes Bill to Allow Autism Therapy Dogs in Schools, Care 2 Make a Difference, Jun. 4, 2011, available at
http://www.care2.com/causes/education/blog/alabama-passes-bill-to-allow-autism-therapy-dogs-in-schools/
2. District Court Rejects Obama Administration's Claims of Abuse in an Institution
On June 8th, 2011, Judge J. Leon Holmes, a United States District Court Judge dismissed nearly every claim of abuse at an Arizona institution for people with developmental disabilities. The claims were brought by the Obama administration. The attorneys from the U.S. Department of Justice (DOJ) had argued that the 500 residents of the Human Development Center "were subjected to abuse, neglect, poor medical care, inadequate schooling and were not given the option to live in the community, all in violation of federal law." Judge Holmes assessed this case as unusual because in most cases lawsuits are brought by people whose rights have been violated. In the present case, he opined, the DOJ initiated such a suit although the people on whose behalf the lawsuit was brought did not feel that their rights had been violated.
Despite this assessment, Holmes did acknowledge violations of the Individuals with Disabilities Education Act (IDEA) but felt that these issues were already being addressed by the Arkansas Department of Education.
Full Story: Michelle Diament, Court Rejects Claims of Abuse at Institution, Jun. 9, 2011, available at
http://www.disabilityscoop.com/2011/06/09/court-rejects-claims-institution/13294/
C. TECHNOLOGY / TELECOMMUNICATIONS
1. New Mobile Application Helps Disabled Denominate US Currency
The Bureau of Engraving and Printing (BEP) recently released a new app to assist the blind and visually impaired denominate US currency. Trademarked EyeNote, the mobile device is designed for Apple iPhone (3G, 3Gs, 4), and the 4th Generation iPod Touch and iPad2 platforms. Simply by scanning 51 percent of a bill, front or back, EyeNote can provide an audible or vibrating identification of the note. It functions fully without cellular or wi-fi data connections. The application is designed to increase accessibility and use of paper currency. It is available free of charge through the Apple iTunes App Store.
Targeted directly at the disabled community, research indicates that more than 100,000 blind and visually impaired individuals could currently own an Apple iPhone. The EyeNote app is just one part of the new Currency Reader Program enacted by the national government. The program works to make currency use easier for the blind or visually impaired. The BEP is working to add large contrast numerals and different background colors. Raised tactile features may be added in the future to provide users with a means to identify currency by touch. However, in the meantime the BEP hopes that EyeNote will ease and reinvent the currency process for people with disabilities.
Full Story: Bureau of Engraving and Printing Launches EyeNote™App to Help the Blind and Visually Impaired Denominate US Currency, Apr. 20, 2011, available at
http://www.moneyfactory.gov/images/EyeNote_Press_Release_4_4-19_2_4.pdf
2. Video Conferences Used to Help Disabled Veterans Participate in Employment Interviews
High Speed Video (HSV), a video communications enterprise, and Hire Disability Solutions (HDS), a disability and veteran's inclusion organization, announced on May 23, a 2-week job tour for veterans. Targeted at veterans who for reasons of duty, physical conditions, or financial constraints cannot travel for interviews, video interviews help provide alternative face-to-face interactions. HSV and HDS hope that the videoconferences will help overcome the time and distance limitations for veteran job seekers. First offered at the Global Veterans Career Expo, which was held on May 24th, the videoconferences connect military bases with more than 50 participating hiring companies. Throughout the two weeks dozens of virtual meetings and interviews will take place in military bases and other locations that service veterans. Participants in the interview process will have the opportunity to utilize computer terminals with web cams and multipoint video conferencing software. These terminals will allow them to engage in one on one conversation with interested and hiring employers. Commonly used by major league sports teams, hospitals, and financial institutions, this is the first time in history that video conferencing has been used on such a large scale specifically to aid veterans and veteran employment.
Full Story: Veterans Career Expo in New York Connected with Dozens of Military Bases for Full Featured Video Conferences Using High Speed Video's ClearVision Software Based Managed Service, May 23, 2011, available at
http://www.prnewswire.com/news-releases/high-speed-video-partners-with-hire-disability-solutions-to-dynamically-set-up-dozens-of-locations-for-video-conference-hiring-interviews-for-veterans-122438273.html
D. HEALTHCARE / BENEFITS
1. World Report on Disability Released
On June 9, 2011, by the World Health Organization and the World Bank jointly released a "World Report on Disability." The report was released by the United Nations in New York. According to the report, about 785 million people worldwide, or about 15% of the world's population, have a significant physical or mental disability. Five percent are children. According to the study, barriers faced by individuals with disabilities are more prevalent in low-income countries.
However, problems faced by people with disabilities are increased everywhere by stigma, architectural variables, poor or no legal protection, high cost of assistive technology, and lack of knowledge of health professionals about how to interact with people with disabilities. According to the study, people with disabilities are more than three times more likely than people without disabilities to be denied needed health care. In addition, children with disabilities are less likely to start school than children without disabilities and have lower rates of completion.
Full Story: David Brown, Study Looks at Global Impact of Disability, SFGate.com, Jun. 10, 2011, available at
http://articles.sfgate.com/2011-06-10/news/29641622_1_disability-retardation-reportSee Also: Eileen Powell, UN Study Finds 1 Billion World-Wide with Disabilities; Many Face Stigma, Lack of Services, The Associated Press/The Canadian Press, Jun. 10, 2011, available at
http://ca.news.yahoo.com/un-study-finds-1-billion-worldwide-disabilities-many-183550947.html
2. Social Security Administration Adds More Providers to Exchange Disability Health Data
On June 1, 2011, MedVirginia, a Richmond, Virginia, based health information exchange, announced that it has partnered with Centra Health's three hospitals in southwest Virginia to connect them with the Social Security Administration. Centra Health has joined a growing number of providers in the exchange of health information in order to accelerate SSA disability claims determinations. MedVirginia was the first healthcare organization in February 2009 to start using the nationwide health information network (NwHIN) to share patient data with SSA to speed up its disability determination process. MedVirginia uses a system which allows for complex data sharing among large healthcare organizations and government agencies. Hospitals send clinical information about patients who may have received treatment and are applying for disability benefits. Patient summary information is then exchanged in a coded format.
In 2010, SSA awarded contracts to 15 healthcare organizations to share information with the agency, and MedVirginia/Centra are among the first of those to connect in this phase. SSA's Medical Evidence Gathering and Analysis through Health IT (MEGAHIT) project is migrating the healthcare documentation process from paper-based to electronic format. The agency said last year that using the NwHIN had significantly reduced processing time for disability claims. "Using MedVirginia's gateway to the nationwide health information network is providing significantly faster transfer of medical records for our patients who are applying for disability benefits," said Ben Clark, Centra's CIO.
Full Story: Mary Mosquera, SSA Adds More Providers to Exchange Disability Health Data, Government Health IT, Jun. 03, 2011, available at
http://www.govhealthit.com/news/ssa-adds-more-providers-exchange-disability-health-data
E. WORKFORCE
1. Business "Boot Camp" Program for Families of Veterans with Disabilities Introduced
On June 20, 2011, Florida State University announced the launching of an academic "boot camp," designed specifically to help families of veterans with disabilities. The program, Entrepreneurship Bootcamp for Veterans' Families (EBV-F), is an offshoot of the original Entrepreneurship Bootcamp for Veterans with Disabilities (EBV), which was established by the Syracuse University Whitman School of Management in 2007 to help educate veterans with disabilities on the skills needed to own and manage small business opportunities.
Since 2007, the program has grown and is now offered at seven world-class business schools across the Nation. On Veterans Day 2010, the Walmart Foundation announced a $1 million grant award to the EVB program as part of its five-year, $10 million commitment to support military and veteran employment and entrepreneurial opportunities. To date, more than 300 veterans have graduated from the EVB program, which continues to be offered without cost to participants.
Full Story: Florida State University Announces New Business 'Boot Camp' for Families of Veterans with Disabilities, Newswise, June 20, 2011, available at
http://www.newswise.com/articles/florida-state-university-announces-new-business-boot-camp-for-families-of-veterans-with-disabilities
2. BP Convenience Store Sued for Firing Employee Who Left to Seek Medical Attention
On May 25, 2011, the Equal Employment Opportunity Commission filed suit against a BP One Stop Convenience Store in Waunakee, Wisconsin, alleging that the store violated federal law by firing an employee because of her disabilities. The employee was fired after she left the workplace in order to seek medical attention for her conditions, which include pulmonary fibrosis and panic attacks. The EEOC is seeking lost wages and compensatory and punitive damages for the former employee, as well as injunctive relief to end the discriminatory practices. The suit, captioned EEOC v. Meffert Oil Company, Inc., d/b/a Meffert's BP One Stop (Civil Action No. 3:11-cv-00360), was filed in U.S. District Court for the Western District of Wisconsin.
Full Story: Equal Employment Opportunity Commission Press Release, EEOC Sues BP One Stop Convenience Store for Disability Discrimination, May 25, 2011, available at
http://www.eeoc.gov/eeoc/newsroom/release/5-25-11b.cfm
F. INDEPENDENCE
1. Settlement Gives Developmentally Disabled People Community Housing Choices
On June 15, 2011, a settlement was approved in a case brought by Illinois residents against the Illinois Department of Healthcare and Family Services, and the Department of Human Services. The suit was part of an effort to bring Illinois into compliance with the 1990 Americans with Disabilities Act, specifically with regard to community-based housing options. For years, many Illinois residents with developmental disabilities had been put on waiting lists--over 21,000 people long--in their bid for community-based housing.
The settlement creates a six-year timetable for the State to move 3,000 individuals off of the waiting list and into community-based housing. Additionally, it gives the State 180 days to develop a broader transition plan for non-plaintiffs who currently live at home or in larger private facilities. The settlement also upends the manner in which the State pays for care, having funds follow individuals to a housing option of their choice rather than being assigned directly to institutions. A prepared statement from the Illinois attorney general's office stated that the agreement "will allow adults with developmental disabilities the freedom of choice in where they want to live and receive services."
Full Story: Lisa Black, Deal Gives 3,000 Developmentally Disabled People Choice of Community-Based Housing, The Chicago Tribune, Jun. 15, 2011, available at
http://articles.chicagotribune.com/2011-06-15/health/ct-met-disabled-ruling-0616-20110615_1_stanley-ligas-disabilities-act-intellectual-disabilitiesSee Also: Lisa Black, Adults with Disabilities Poised to Win More Housing Options, The Chicago Tribune, Jun. 13, 2011, available at
http://articles.chicagotribune.com/2011-06-13/news/ct-met-disabled-housing-lawsuit-20110613_1_disabilities-act-developmental-disabilities-community-based-settings
2. Growing Concern Over Abuse in New York Institutions
The 2007 death of a thirteen-year old boy with autism, resulting from abusive treatment at the Albany, New York, area Oswald D. Heck Developmental Center, recently gave rise to renewed concern over mistreatment at state and federally funded institutions for people with disabilities. The young boy was asphyxiated and crushed to death in the back seat of a van by a state employee who had worked nearly 200 hours in a fifteen-day period, without a day off. Recent accusations allege that New York institutions and the NY Office for People with Developmental Disabilities routinely tolerate physical and psychological abuse, knowingly hire unqualified workers, overlook complaints, and fail to investigate properly cases of abuse and neglect .
Earlier this year, Governor Andrew Cuomo forced the resignation of the commissioner of the NY Office for People with Developmental Disabilities and has committed to undertaking a broad review of state care institutions for people with developmental disabilities. The federal and state governments currently allocate over $2.5 billion annually toward the care of about 1,300 residents across nine institutions. Continuing allegations, however, suggest that this money is not actually going toward the care of the residents, and the state agency recently admitted that only about $600 million of that $2.5 billion is spent on the resident care, with the rest being redirected throughout the agency for use at group homes and care in other areas.
The state's redistribution of federal Medicaid money, specifically earmarked for the institutions, is currently undergoing a federal audit. The Cuomo Administration has indicated that it is moving further toward de-institutionalized care for people with disabilities and plans to close some of the nine facilities sometime in the future.
Full Story: Danny Hakim, A Disabled Boy's Death, and a System in Disarray, The New York Times, Jun. 5, 2011, available at
http://www.nytimes.com/2011/06/06/nyregion/boys-death-highlights-crisis-in-homes-for-disabled.html?pagewanted=1&_r=3
G. EMERGENCY RESPONSE / PREPAREDNESS
1. FEMA Focuses on Accessibility of Disaster Assistance Resources in Alabama
On May 30, 2011, in an effort to make disaster relief available to full communities following the April tornadoes in Alabama, the Federal Emergency Management Agency announced it was partnering with a statewide taskforce--which includes the Governor's Office on Disability, independent living centers, and other disability organizations--to ensure that people with disabilities have access to relief resources.
FEMA's inclusive effort has entailed releasing materials in alternative formats such as large print and Braille. Sign language interpreters, amplified phones, and other assistive technologies are available by request, and survivors may register with FEMA via alternative means such as videophone and text.
Full Story: FEMA Helps People with Disabilities Access Disaster Assistance, MMD Newswire, May 30, 2011, available at
http://www.mmdnewswire.com/fema-helps-people-with-disabilities-access-disaster-assistance-46318.htmlSee Also: Locate and Apply for Disaster Relief, Federal Disaster Relief Website, available at
http://www.disasterassistance.gov/
H. INTERNATIONAL
1. India to Introduce New Law in Place of the 1995 Persons with Disabilities Act
On June 17th, 2011, India's Prime Minister Manmohan Singh announced that the Ministry of Social Justice and Empowerment is drafting a new law in place of the Persons with Disabilities Act, 1995.
This new disability act will supersede the old with legislation more closely aligned with that of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). It is intended to move away from the model of charity and welfare and place greater emphasis on rights and empowerment of people with disabilities.
Full Story: In India, New Law to Bring Dignity, Equality to Disabled People: PM. Disability News Asia, Jun. 20, 2011, available at
http://disabilitynewsasia.com/home-mainmenu-1/883-new-law-to-bring-dignity-equality-to-disabled-people-pm.html
2. China to Offer 12-year Free Education for Disabled Under 5-year Development Plan
On June 8th, 2011, the Chinese State Council announced details of a five-year development plan for people with disabilities. The plan will provide the country's 83 million disabled citizens with twelve years of free education, versus the current standard of nine years.
The plan aims to increase public services and benefits, provide financial subsidies, increase enrollment of students with disabilities, and to ensure that professional education is within the reach of rural disabled residents. Included in the goals of the development plan is a guaranteed basic standard of living through expansion of the welfare scope and inclusion of all disabled citizens in urban and rural areas in the country's elderly insurance and basic medical care insurance programs.
In addition, rehabilitation centers catering to up to thirteen million people are to be built. Creation of a social care system which will provide subsidies for the care of two million people with disabilities is also on the agenda.
Full Story: China Plans to Provide 12-year Free Education for Disabled People in Next Five Years. Disability News Asia, Jun. 9, 2011, available at
http://disabilitynewsasia.com/home-mainmenu-1/863-china-plans-to-provide-12-year-free-education-for-disabled-people-in-next-five-years.html
ANNOUNCEMENTS
The staff of the Disability Law & Policy e-Newsletter welcomes suggestions
for announcements incorporating a focus on disability law or policy in forthcoming
issues. If you would like to bring calls for papers or proposals, conferences
or events, book announcements, new resources, or scholarship, fellowship or
internship competitions to our attention, please send them to mailto:dlpannounce@law.syr.edu.
Thank you.
Calls for Papers and Proposals
Book Announcements
Scholarships, Fellowships, and Events
More e-newsletters from the Burton Blatt Institute and Partners:
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The Disability Law & Policy e-Newsletter is the collaborative product
of Editor-in-Chief David W. Klein, Ph.D., Executive Editor William N. Myhill,
M.Ed., J.D.; Senior Editor Kelly J. Bunch, J.D.; and Associate Editors Brandon
Sawyer, Dana Mele, Tovah Miller, Tim Gallivan, Matthew Salla, Desire Derrick,
and Paris Peckerman.
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Note to readers: News article links may require free registration for access, or may be active for a limited time before the respective news services archive them. Archived items may also be available for a fee. Products mentioned in this newsletter are for information only and do not constitute an endorsement.
The Disability Law & Policy e-Newsletter is the collaborative product of Editor-in-Chief David W. Klein, Ph.D., Executive Editor William N. Myhill, M.Ed., J.D.; Senior Editor Kelly J. Bunch, J.D.; and Associate Editors Brandon Sawyer, Dana Mele, Tovah Miller,Tim Gallivan, Paris Peckerman, Desire Derrick, and Matthew Salla.
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To subscribe to this free e-newsletter, go to http://disability.law.uiowa.edu/lhpdc/publications/news.html and
subscribe to the "Disability Law & Policy e-Newsletter."
The e-Newsletter is archived at http://disability.law.uiowa.edu/lhpdc/publications/news.html and http://disability2.law.uiowa.edu/
Re-distribution / forwarding of this e-Newsletter to your networks is encouraged.
