Monday, November 30, 2009

Princeton Family Thankful For Transportation

Arezow Doost
PRINCETON
(CBS 11 / TXA 21)

A North Texas family in desperate need of a handicap van got their wish Saturday.

The family from the Collin County town of Princeton will no longer have to cram their disabled little boy in a minivan, and it's all thanks to a non-profit organization.

It's an used 1999 dodge van with 57,000 miles on it.

For the Hicks it's what they've been desperately praying for."It's in great shape!" says Danielle Hicks. "This is going to change the lives of our entire family."

Especially the life of her son Ashley. The 9-year-old has cerebral palsy and dystonia, a movement disorder.

CBS 11 first told the family's story back in August. They showed us the challenges behind getting their son to the doctor in their minivan.

The family heard about the group Free Charity Cars and applied immediately.All summer long they waited for someone to donate a handicap equipped to the non-profit which gives away donated cars to struggling families.

Then in October, they got the call the day before Ashley was set to have brain surgery."The day of his surgery my little red minivan blew up" remembers Danielle.

The family is hoping to sell the minivan and donate the money to Free Charity Cars.

As they look forward to getting used to their new ride, "We can go places as a family where before we didn't."

They say it's already changed their lives."We have been planning trips to the zoo, but I think our first trip will be to the Fort Worth Museum of Science and History."

Dallas / Fort Worth Local News
Arezow Doost PRINCETON (CBS 11 /TXA 21)

http://cbs11tv.com/local/ashley.hicks.free.2.1327049.html
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

Job Cuts Planned at State Center Due to Cuts in Budget

Shelley Ridenour and Steve Zimmerman
Pauls Valley Daily Democrat
November21, 2009

The papers weren’t pink, but the message was as clear as any pink slip — jobs will be cut at the Southern Oklahoma Resource Center in Pauls Valley.

Last week, 163 SORC employees were given letters asking them to consider quitting their jobs in an effort to reduce staff at the state-run institution.

Employees were offered a “voluntary out benefit,” SORC Director Jeff Livingston said.

State officials say they need to cut 93 positions at SORC, but identified 163 employees to make the offer to, in hopes that 93 will take them up, avoiding any future layoffs.

The staff reduction comes as all state agencies have been directed to cut their budgets because of declining oil and gas revenue to the state.

In the end, at SORC that means staffing will be reduced from 387 today to 294 employees by early 2010.

Employees targeted at SORC were offered a buyout package that includes 18 months of insurance for the employee only, not family members; a half week’s pay for each year worked at the center not to exceed $5,000; and pay for accumulated vacation leave.

Employees have 45 days to accept or decline the offer, according to Jim Nicholson. Nicholson is the director of the developmental disabilities services division of the Oklahoma Human Resources Management Division.

Employees mail their response letters back to Nicholson’s department, which then returns information to Livingston.

It’s a first-come, first-served arrangement and the first 93 people to say “yes,” get the package, Livingston said.

The offer was made to employees only in certain areas at the Pauls Valley center. There are no plans to cut direct health care positions, he said.

“Most of the positions that are being cut are non-health care related positions,” Livingston said.

Meetings were held at SORC to explain the cutbacks, Livingston said.

Despite their anxiety about the cutbacks, his employees did him proud in the meetings, Livingston said.“I sent each of them letters applauding them on their professionalism,” he said.

“This is a very challenging time for our employees and they have shown a great understanding and attitude about the cutbacks.”

The buyouts could be attractive to some employees, the two directors say.“This is a good opportunity for some staff, particularly those near retirement,” Nicholson said. “We understand this is a very personal decision.”

The OKDHS developmental disabilities services division serves about 10,000 Oklahomans with intellectual and developmental disabilities through a variety of community-based programs and two resource centers. The 2009-2010 division budget is $236 million.Currently, 148 clients live at the SORC.

http://www.paulsvalleydailydemocrat.com/local/local_story_325135448.html

Associated Press content © 2009.

State Survey Finds That Office for the Aging Services Help Frail Elderly to Live in Their Homes; 52% of Family Caregivers Couldn't Go On W/O Support

by New York State Office for the Aging

ALBANY, NY (11/24/2009)-New York Office for the Aging today released three new reports indicating that services which provide support to New York family and friends who provide daily care for a loved one enable those receiving care to live independently in their homes and communities and avoid institutionalization. Thirty Eight percent of the caregivers surveyed reported that, without caregiver support, their care receivers would end up in nursing homes or assisted living facilities.

In total, fifty-two percent of the caregivers surveyed reported that their care receivers would not be able to continue to live in the same home if services by local offices for the aging had not been provided, according to one report developed by the NYS Office for the Aging. Significantly, the survey found that Caregivers in New York's aging services network system are providing significant amounts of care, higher than the amount of care reported by caregivers in national studies. For example, caregivers served in New York caregiver support programs report spending an average of 62.6 hours a week providing care. This is considerably higher than the national average of 21 hours estimated in a recent AARP report (2008), which includes caregivers of all ages and all disabilities.

Michael Burgess, Director of the New York State Office for the Aging (NYSOFA) said: "These reports confirm the valuable role that family, friends and neighbors play in providing needed health care and long term care services to New Yorkers of all ages." He continued: "With health care and long-term care costs escalating; the growth of the older population and those persons with disabilities; and workforce shortages in home-based personal home care, caregivers are playing an even more critical role in helping people needing assistance to maintain their independence and live in their homes and communities of choice."

Informal caregivers are recognized as the bedrock of community care, providing between 75% and 80% of the daily assistance needed by frail older New Yorkers. In NYS, this care has been valued at more than $25 billion each year by AARP. There are over 2.2 million caregivers in NYS and at any one time during the year, over 3.1 million caregivers who provide help with daily needs.

Director Burgess noted: "The informal caregivers' value to their loved ones, their communities and the state is unmistakable. It is vitally important that we do all we can to support these unpaid caregivers in communities across the state so that they can continue to care for their loved ones."

A typical caregiver in the New York aging network services system is a 64-year-old female, who has either a high school or some college education, spends more than 20 hours a week providing care to her mother and spends an average of 5.7 years providing care to care recipients.
The average age of care recipients in NYSOFA caregiver programs is 82.5. With advanced age, the care recipients are more likely to have health problems and be limited in daily activities of living. They also have a higher probability of entering into a nursing home. One of the reports identifies gaps in caregiver services.

"As we enter Thanksgiving week, and the month of November being Family Caregivers Month, it is an opportune time to thank the thousands of unpaid caregivers across the state for providing care to family members, friends, neighbors and other loved ones, who might otherwise not be able to remain in their homes if not for the care and assistance provided by these caregivers," Burgess said.

The care provided by unpaid caregivers in New York State, if paid for at the current market rate, is valued at $25 billion per year. It is also estimated that caregivers save over $12 billion per year in Medicaid program costs. Businesses are also affected by issues faced by caregivers as almost six in ten caregivers (59%) either work or have worked while providing care. The loss to the economy when a caregiver leaves or loses their job, or fails to work to their full potential is significant. Nationally these losses are estimated to cost businesses $33.6 billion a year, according to a MetLife study.

The New York State Family Caregiver Council's mission is to provide guidance, advice, and recommendations that will enable the state to develop policies and programs that support caregiving for friends, family, or community members of all ages and all levels of ability. The Council reviewed data from the cited surveys to help form recommendations that are part of a full report submitted to the NYSOFA. The Council includes caregivers across the age and care spectrum, community advocates, academic experts in caregiving issues, and New York State government agencies.

NYSOFA advocates for the over 3.2 million New Yorkers who are 60 years of age and older, including at all levels of government and the private sector, with the cooperation of concerned organizations and older persons. In addition, NYSOFA administers federally funded programs under the Older Americans Act and a variety of state-funded programs which serve the elderly.

The reports are as follows:
1) New York State Office for the Aging. (2009). Sustaining Informal Caregivers: New York State Caregiver Support Programs Participants Survey: Report of Findings on the Aging Services Network. New York State Office for the Aging: Albany, NY.
2) New York State Family Caregiver Council. (2009). Supporting and Strengthening Caregivers in New York State: New York State Family Caregiver Council Report. New York State Office for the Aging: Albany, NY.
3) Caprio, T., Katz, P, Karuza, J, and Rehse, D. (2009). New York State Caregiver Services Survey: NY Connects Local Long Term Care Councils' Assessment of Community Caregiver Support Services. Report to the New York State Family Caregiver Council. Finger Lakes Geriatric Education Center of Upstate New York: University of Rochester Medical Center, Rochester, NY.

To read or download the reports visit NYSOFA's web site at www.aging.ny.gov.
http://readme.readmedia.com/Giving-Thanks-to-NY-Caregivers/987799
© Copyright 2009 readMedia, Inc. — All Rights Reserved.

Tuesday, November 24, 2009

Survey for Wheelchair Users

http://www.surveyconsole.com/console/TakeSurvey?id=569379


This survey is being conducted by National Spinal Cord Injury Association in partnership with United Spinal Association, Paralyzed Veterans of America (PVA), National Multiple Sclerosis Society, The National Council on Independent Living (NCIL), United Cerebral Palsy Association, Muscular Dystrophy Association (MDA), and The ALS Association.

We are asking you to help us understand and document your most recent wheelchair selection and purchase experience. What we learn will help us advocate most accurately and effectively on behalf of all wheelchair consumers so that they receive properly fitted wheelchairs, including all necessary accessories and related services to fully participate in an active, healthy, community lifestyle.

Advocates for Disabled Want Bus Service to New Grand Rapids Township Courthouse

By Juanita Westaby
The Grand Rapids Press


GRAND RAPIDS TOWNSHIP -- With a new courthouse and a public square, advocates for the disabled pressed the Township Board for the means to get there.

"I would like you to consider the plight of people like me who are trapped, who can't get to their doctors or their friends," said Raye Bower, board president of Disability Advocates.

Bower, who uses a wheelchair, can no longer use the GO Bus to see her doctor, because the township does not participate in public transportation. Robyn Saylor's visits to her parents at Cook Valley Estates ended for the same reason.

"I need to be available to them, and I need to have it be convenient for them, too," said Saylor, who has cerebral palsy.

Township Supervisor Michael DeVries said talks with Kent County have just begun on a needs assessment for public transportation.

"We'll make a proper decision based on facts," he said.

http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/advocates_for_disabled_want_bu.html

© 2009 Michigan Live LLC. All Rights Reserved.

Communication Is Key For New Chief

By Elizabeth Ahlin
Omaha World-Herald Staff Writer
November 22, 2009

GLENWOOD, Iowa — R. Scot Booth is a bearded former baseball pitcher with a New York accent — but those aren’t the only reasons he stands out on the campus of the Glenwood Resource Center.

As the facility’s new superintendent, Booth is charged with continuing to increase the quality of care given to the center’s more than 300 residents with developmental disabilities.

It’s an important job, both for the residents and the Glenwood community.

Legislative leaders have indicated that next year they will consider whether the Glenwood center or its sister facility in Woodward should be closed. Booth’s level of success with the staff likely will play a role in that decision.

Booth began his job four weeks ago, taking the reins from interim superintendent Kelly Brodie.

He formerly was the executive director of the Los Lunas Community Program, a New Mexico group that helped 120 people with behavioral and medical needs. Before that, he was a longtime consultant with the Columbus Organization, which helps state-run facilities meet federal care standards.

Booth is no stranger to the U.S. Department of Justice. In his 35 years of work, he said, he’s spent only two months working at a facility that wasn’t under supervision by the federal government.

Booth’s hiring, at a salary of $117,000 a year, follows a long string of problems at the resource center.

In 1999, the federal government began investigating accusations of civil rights violations at the facility. In 2004, the government and center officials reached an agreement allowing the facility to stay open provided it met minimum standards of care.

Four years later, Glenwood still hadn’t done so, drawing fire from critics. In 2008, 12 residents died, and the facility was fined $50,000.

With that record, it wouldn’t surprise some that Booth has compared the Glenwood facility to the Titanic.

He did so not because he believes the center is a disaster, but because the enormous ship was incapable of making quick turns.

“These things don’t happen overnight,” said Booth, urging critics of the facility to have patience.

By most accounts, Glenwood has made strides.

The U.S. Department of Justice, in its most recent report, said the facility had made progress in training staffers to handle the nutritional needs of all residents, many of whom have severe swallowing disorders and need help to eat.

Booth said that system is impressive. Every individual resident has a nutrition plan, and every staff person has received training on eating needs.

The facility now has a “consumer review” every morning at 8 a.m., where staff members can make supervisors aware of any problems and discuss them.

The Justice Department also criticized the center, saying it was still experiencing communication breakdowns among staff members.

In one incident, a resident had not been given his medication one night, and was dead the next day. In another incident, nursing staff failed to notify a doctor immediately about a resident’s change in condition. That resident also died. Neither death was tied to those errors.

One of Booth’s primary goals is increasing training and supervision by improving communication among employees.

Booth understands the concerns of advocates for people with developmental disabilities, but the only way to fix the facility is with hard work, training and time.

He said he is an advocate, too, and his passion comes from a very personal experience.

His grandmother was in a nursing home in New York City, where he worked as evening administrator.

Booth discovered that she had an open wound on her arm, a dish of cold food and that she was lying in her own filth. It took him 30 minutes to find someone to address the problems.

The nursing home was closed soon after.

That’s the fate that Sylvia Piper wants for the Glenwood Resource Center.

Piper, executive director of Iowa Protection and Advocacy Services, has called for closing the center and said recent strides haven’t changed her mind.

When Booth’s hiring was announced in October, she reiterated her desire to see the center closed. The advocacy group recommended that it be done over a 30-month period, and that residents start being moved into the community.

Booth has experience closing resource centers. He worked at the Willowbrook State School in New York when, initially, most of its residents moved into the community, and later when it was closed. As a longtime consultant with other resource centers, he’s also been involved with closing facilities in other states.

But that’s not his job in Iowa.

“I’ve been given no direction by my bosses to close the resource center,” Booth said.

Rather, he said, he’s been tasked with helping 12 residents each year make the transition into the community, and to create a safe care center for the remaining residents.

In the four weeks he’s been in Glenwood, six residents have already been moved into community living. It takes a well-thought-out plan for each individual, and that requires time, Booth said.

“Not everybody can get out there that fast; not everybody can live out there that quickly,” Booth said.

“You need ability in the state to have resource centers so they’re not living in a shelter or on the street or by themselves. You have to find the right places for everyone.”

Contact the writer: 444-1310, elizabeth.ahlin@owh.com
Contact the Omaha World-Herald newsroom

http://www.omaha.com/article/20091122/NEWS01/711229941
Copyright ©2009 Omaha World-Herald®.

$4.4 Million Budget Cut Could Affect Child Care

By Jonathan Saltzman
Boston Globe
November 24, 2009

Thousands of children in Massachusetts risk losing subsidized child care services because of a $4.4 million budget cut that Governor Deval Patrick has made, according to the head of a Boston-based antipoverty group that helps arrange the services.

John J. Drew, president and chief executive of Action for Boston Community Development Inc., said a cut announced last month by the governor imperils services to 57,000 low-income children statewide, including 12,000 served by his agency.

“I just get tired of trying to balance the budget on the backs of poor women and kids,’’ Drew said, with frustration in his voice, in an interview yesterday. “It’s just ridiculous.’’

He said he has implored top officials in the Patrick administration - including Sherri R. Killins, commissioner of early education and care - to restore the funds. Nearly all the funding, he said, is federal money provided to the state and then distributed to antipoverty groups.

Killins, for her part, said late yesterday that the state has restored $1 million cut from the budget, which Drew disputes, and has told the antipoverty groups they can apply for another $1 million in federal stimulus funds if they manage the child care program more efficiently. One of those efficiencies would be transferring certain administrative responsibilities to child care centers.

“There is no need for any kids to lose day care, absolutely not,’’ she said.

The dispute revolves around a federal child care block grant that enables 14 antipoverty groups to write vouchers totaling $268 million for 57,000 children, most of whose families are on welfare. The money pays more than 6,000 private child care providers to provide services around the state.

Drew said that the antipoverty groups got an additional $9.78 million this year to pay staff to administer the programs, verify eligibility, and write the vouchers. But Patrick cut that by $4.4 million in the middle of the fiscal year that began in July, leaving many of the groups in the lurch, he said.

As a result of the cut, Drew said, antipoverty groups around the state have already laid off about 100 employees, and Action for Boston Community Development may have to lay off most of the 20 people it employs to manage the program.

“It will wreak havoc with thousands of lives and come back to haunt the state economy as parents lose jobs and child care agencies shut down,’’ he said in a statement issued earlier. “We will see working parents return to the welfare rolls and homelessness increase as families miss rent payments.’’

On Nov. 5, he added, Action for Boston Community Development informed the 1,167 child care providers that it deals with that if the cuts are not restored, the antipoverty group might not have the staff to process families’ vouchers and providers’ payments after Dec. 1.

Saltzman can be reached at jsaltzman@globe.com.

http://www.boston.com/news/local/massachusetts/articles/2009/11/24/44m_budget_cut_could_affect_child_care/

© Copyright 2009 Globe Newspaper Company.

Monday, November 23, 2009

Tennessee Budget Cuts Could Close Longtime Institution for People with Severe Disabilities

By Chas Sisk
THE TENNESSEAN
November 20, 2009

The only state institution in Middle Tennessee for people with severe intellectual disabilities could be closed under a plan introduced Thursday to cut spending.

The Clover Bottom Development Center, an 86-year-old Donelson institution that at its peak housed more than 1,500 residents, could be targeted for closure in the next fiscal year if Gov. Phil Bredesen were to go forward with plans to slash the state budget by as much as 9 percent.

The closure would save the state $36 million a year, officials from the Division of Intellectual Disabilities Services said. But it would also mean moving the 108 people who still live at the facility on short notice into another state institution in East Tennessee or into private facilities.

"There must be great care taken in how we transition a person," said Debra Payne, the division's director. "I think we've been looking to downsize Clover Bottom, but I don't think the planning process has fully developed a plan."

The plan was revealed on the third day of public hearings in which government officials presented suggestions for how to close a state budget gap that could reach as much as $1.5 billion next year. Previous suggestions have included releasing as many as 4,000 nonviolent felons and curbing benefits for people enrolled in TennCare, the state insurance program for the poor, pregnant women and children.

Bredesen has not yet said which of those proposals he intends to take up, but at Thursday's hearing, he appeared to show some interest in closing Clover Bottom.

"Closing a very old state facility and putting them in another facility … would seem to be a good thing," he said.

Mary Schaffner, an attorney for the Clover Bottom Parent-Guardian Association, said her group would not be opposed to closing Clover Bottom, if its residents were transitioned safely into another state-run facility.

The residents of Clover Bottom have disabilities that are too severe to be placed in group homes, and the care they need is too intensive to be trusted to privately operated facilities, she said.

"With state-run, you always have a system of providing good care," she said. "Private ones go up and down in terms of making money."

The plan would cut about 3.8 percent from the division's budget. Officials offered no other spending cut proposals, so Bredesen asked that they consider renegotiating contracts for other services, pointing out that only three states spend more per patient than Tennessee to care for people with intellectual disabilities.

"I need you to go back and at least tell me if I really have to go there, what do I have to do, he said. "I don't think I'm imposing an impossible challenge."

In another hearing, Bredesen also heard officials from the Department of Safety describe possible cuts to that agency.

Officials said they would have to remove 25 troopers from the state's highways, leaving 13 small counties without a trooper assigned to them, if Bredesen were to ask them to cut their budget by the full 9 percent. Safety officials also said they would have to close six driver license offices and cut staffing at others, increasing the expected wait time for a driver license to as long as two hours from the current 45 minutes.

To read page 2 go here http://www.tennessean.com/article/20091120/NEWS0201/911200365/1009/NEWS02/TN+budget+cuts+could+close+longtime+institution+for+people+with+severe+disabilities

Chas Sisk can be reached at 615-259-8283 or
csisk@tennessean.com.

http://www.tennessean.com/article/20091120/NEWS0201/911200365/1009/NEWS02/TN+budget+cuts+could+close+longtime+institution+for+people+with+severe+disabilities

Copyright © 2009 The Tennessean. All rights reserved

High-Achieving Lee School Accused of Rejecting Low-Performing Students

By LESLIE WILLIAMS HALE
Naples News
November 22, 2009 .

Twice this month, the Lee County School Board was bombarded at a meeting with allegations against the principal of one of its top-performing schools.

The Sanibel School, a National Blue Ribbon School, is in many ways the feather in the school district’s cap.

But it is now the subject of investigations by the district’s Office of Professional Standards and Equity, as well as the federal Office for Civil Rights.

The school’s students regularly achieve some of the state’s top scores on Florida Comprehensive Assessment Tests (FCAT).

Some of the most serious allegations center around the principal of the school. Parents of students and former students at Sanibel say Principal Barbara Von Harten has forced children out of the school because they were either low performers or exceptional students who would work against the school’s stellar FCAT scores.

Von Harten didn’t return a phone message left with her office’s staff last week.

The Office for Civil Rights is responsible for investigating schools accused of violating civil rights laws, including denying legally guaranteed services to students with disabilities.

Both the district and the federal investigation stem from a Nov. 3 board meeting, when roughly 10 parents critical of Von Harten and the school spoke before the board, listing grievances such as poor response to bullying problems, denial of services to exceptional student education (ESE) children and fiscal mismanagement.

Charlotte Harlow, a former employee of the school who performed data entry work in Von Harten’s office, said she became concerned during the 2000-01 school year when Von Harten asked Harlow to pull the names of every ESE student and parent at the school. One by one, those parents came to Von Harten’s office for meetings, which Harlow said she can still recall vividly.

“She very calmly, and collectively told them, in a very matter-of-fact way, as if she was trying to do it to help them, and tell them the best thing for their son or daughter was to go to such and such school, and she would make recommendations,” Harlow said.

Harlow said she believed Von Harten was trying to push those students out because she feared they might drag down school scores.

“I know that’s what her intention was,” Harlow said. “And she certainly achieved that. Almost all of them (transferred to other schools).”

However, a contingent of parents supporting the school also flooded the board chambers during last week’s board meeting, the most recent one, to tell the board that the allegations against Von Harten are the byproducts of “rumors and gossip.”

“I listened carefully to the parents who presented (Nov. 3),” said Jeff Turner, a parent of three, at last week’s meeting. “I respect their right to air their grievances, but they do not speak for me.”

He was one of about 18 people speaking last week in support of the school; roughly as many people spoke critically about the school.

However, the parents who brought their concerns to the board this month say that until they made their public appeal, nothing was done to address their concerns. A group of parents made a similar rash of complaints to the board in 2007.

Superintendent James Browder said the district has conducted one other investigation into Von Harten, but it was closed without any findings against her.

“We have been to the state department of professional standards,” said Claudia Foster, a parent, at the Nov. 3 meeting. “They all say it needs to be addressed locally. We have tried to address it locally, with both the district’s department of professional standards and with the superintendent’s office. The superintendent’s office has known about it since 2002.”

Copies of e-mails and letters given to the Daily News by parents date to 2004, and outline problems to administrators and district staff, including complaints of teachers and administrators not following Individualized Education Plans (IEPs) for students.

An IEP is the document that outlines how to best educate a student with a disability, and includes treatments such as speech therapy or intensive reading time. It is developed through the cooperation of teachers, therapists and parents, and allegations of IEPs not being followed typically are addressed by the Office for Civil Rights.

Browder confirmed last week that an Office for Civil Rights complaint had been issued, and district spokesman Joe Donzelli said that the district is investigating some of the allegations against Von Harten as well. However, he said the specific allegations being investigated cannot be identified until after the inquiry is completed.

http://www.naplesnews.com/news/2009/nov/22/high-achieving-lee-school-accused-rejecting-low-pe/

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Blind Law School Grad Can See Injustice

By Patty Fisher
Mercury News
11/22/200

Being blind didn't keep Stephanie Enyart from graduating from Stanford University. It didn't keep her from earning a law degree at UCLA. And she's determined not to let it keep her from practicing law.

Enyart, 32, is suing the National Conference of Bar Examiners, which repeatedly has denied her request to take the bar exam using adaptive technology.

She was a 15-year-old high school sophomore growing up in Nipomo, south of San Luis Obispo, when she learned she suffered from a rare form of macular degeneration called Stargardt's disease. Her central vision was deteriorating rapidly, and there was no way to stop it. At first, she refused to believe it.

"I was a kid; I didn't accept that I was going to be disabled," she told me.

She aced high school by using big-print textbooks, but by the time she got to Stanford, she needed a computer with adaptive software. Today, with no central vision but some peripheral vision, she lives by herself, gets around without a white cane and reads using ZoomText, a screen magnifier, and JAWS, a text reader that converts computer type to audio. That's how she got through law school, and that's how she reads e-mail and legal documents in her job at Disability Rights Advocates in Berkeley.

Enyart graduated from UCLA last year. When she applied to take the bar exam, the California Bar Association told her she could use both JAWS and ZoomText for the test. But the NCBE, which controls the multistate standardized portions of the exam, turned her down — three times. She was told she could use JAWS, the audio text reader, but not ZoomText.

She was baffled. The Americans with Disabilities Act grants disabled people the right to reasonable accommodations when taking professional certification tests. Having only an audio reader might work for some blind people, but Enyart is accustomed to reading as well as listening.

"It's like if a person is running a marathon who wears size 8 shoes, and they say they'll give you shoes, but they're size 5," she said. "It just doesn't work for me."

No comment

When I called Erika Moser at the NCBE, she declined to comment. So I don't know what the conference's rationale was. Enyart says the NCBE cited cost and security concerns in denying her request.

"That's bizarre," said Anna Levine, one of the staff attorneys at Disability Rights Advocates who filed the lawsuit earlier this month. Yes, there would be a security issue if Enyart brought her own laptop into the exam room. But the NCBE already provides laptops with audio reader software for blind applicants, she said.

"We would be happy to provide the other software," she said. "We are talking about a piece of software that costs $400. That's the cost standing between Stephanie and her career."

Just 'stubborn'

There are fewer than 500 blind lawyers in the country, according to one of them, Scott Labarre, president of the National Association of Blind Lawyers. He has a theory about why the NCBE won't grant Enyart's request.

"I think they're just being stubborn," he said. "In my view, it's a very reasonable accommodation. Today most blind students go through law school using a variety of technology."

If the NCBE thinks Enyart will give up without a fight, they've got the wrong woman. She's not just fighting for herself; she's fighting for all disabled students. While in law school she founded the National Association of Law Students with Disabilities and served as the first president. In her lawsuit, she isn't asking the NCBE for damages, just an assurance that other blind people will receive the accommodations to which they are entitled.

"If she wins this case, it would be a huge victory for blind lawyers in this country," said Labarre. "I just want her to have the same chance as other law students to practice law."

After all, it's not as if technology will give Enyart an advantage over test-takers who can see. She still has to move her eyes around the enlarged page to see with her limited peripheral vision and listen to the questions with headphones. As exhausting as the three-day test is for any bar applicant, it's even more physically demanding for her.

But Enyart is accustomed to doing things the hard way, if that's the only way to get what she wants. And this young woman really wants to pass the bar so she can help other disabled people fight for their rights.

Contact Patty Fisher at pfisher@mercurynews.com or 408-920-5852.
http://www.mercurynews.com/bay-area-news/ci_13846278
San Jose Mercury News 750 Ridder Park Drive San Jose, CA 95190
Copyright © 2009 - San Jose Mercury News

Friday, November 20, 2009

AADD's "Conversations That Matter: The Art of Adovacy" Held in Gwinnett County on November 16












What kind of advocate do you want to be?

This was the question posed to attendees at AADD’s (All About Developmental Disabilities) "Conversations That Matter: The Art of Advocacy", November 16, at the Busbee Center in Gwinnett County.

More than 75 parents of children with disabilities and professionals working in the field, learned directly from their legislators about the budget challenges for this upcoming session as well as how best to approach legislators about issues of importance to them.

Thanks to Senator Renee Unterman, Senator Curt Thompson and Representative Melvin Everson for their active participation in the meetings.

Rita Young, Director of Public Policy for AADD, provided information on the Unlock The Waiting List campaign and provided training on how to advocate. She challenged attendees to connect with each other, discuss effective ways to advocate for individual issues to strengthen the communities of support for individuals with disabilities and encouraged participants to get involved during the upcoming legislative session.

The programs were made possible thanks to support and partnership with GCDD (Georgia Council on Developmental Disabilities), Community Action Pioneers of Gwinnett, and the Unlock the Waiting List campaign.

Be on the look out for similar events in Savannah and Ben Hill this winter.

State Bar Association Presents Important Continuing Legal Education Programs on Compliance Issues and Disability Discrimination in Employment

"Finding the Bottom Line: Rights of People with Disabilities in NYS"

by New York State Bar Association News Release

ALBANY, NY (11/18/2009)(readMedia)-- The New York State Bar Association will host an important series of Continuing Legal Education (CLE) programs next month that will provide a road map for attorneys as they advise clients on a host of disability, discrimination and compliance issues. The program, titled "Finding the Bottom Line: Rights of People with Disabilities in New York State," will review and analyze current federal, state and local disability laws and will examine how they relate to potential discrimination actions in the areas of employment, public and private sector public accommodations and housing. The programs will be presented in Rochester on December 1st; New York City on December 4th; and Albany on December 9th.

Presented by the State Bar's Committee on Continuing Legal Education and co-sponsored by the Committee on Issues Affecting People with Disabilities, the Labor and Employment Law Section, and that section's Equal Employment Opportunity Law Committee and its Individual Rights and Responsibilities Committee, the CLE program will offer 6.5 credit hours of professional practice and/or practice management.

Among the topics to be covered are "Who Is Protected," "What Is a Covered Entity and What Are Its Obligations" and "Housing Requirements" as related to the federal Americans with Disabilities Amendment Act, the Family and Medical Leave Act, the Fair Housing Act, as well as New York State and local laws. Program attendees also will learn about remediation options, including mediation, administrative and court litigation and differences in the availability of compensatory and punitive damages, among other remedies and strategies.

"The significant changes in the law made by last year's amendments to the ADA, as well as the newly proposed regulations and evolving case law, make it critical for attorneys representing employees, employers and others to keep up to date on the ADA, FMLA, New York State Human Rights Law and New York City Human Rights Law," said Nancy Halleck, chair of the Committee on Issues Affecting People with Disabilities. "This CLE provides an excellent opportunity for attorneys to catch up on all of these changes and get a refresher course on existing laws. The faculty we have assembled comprises experts in disability, employment and housing law with experience in litigation and compliance. Participants will leave this workshop with a clear understanding of the changes in the law, and how it all fits together around the state. I urge all attorneys practicing disability and employment law to attend."

In a related event, as part of the United Nation's celebration of International Day of Persons with Disabilities, New York City regional program co-chair Mark H. Leeds, Esq. has been invited to present copies of this CLE course program book to United Nations officials on December 3rd.

Ms. Akiko Ito, Chief of the United Nations Secretariat for the Convention on Rights of Persons with Disabilities, said, "As we celebrate the International Day of Persons with Disabilities, the United Nations appreciates the contribution of the New York State Bar Association's continuing legal education program, 'Finding the Bottom Line - Rights of People with Disabilities in New York State,' to efforts that recognize and promote the rights of persons with disabilities. We look forward to working further with the New York State Bar Association in this cause."

A complete listing of participants for each of the three local area panels is provided below.

Tuesday, December 1st Radisson Hotel Rochester Riverside; 120 Main Street East; Rochester
Melinda R. Saran, Esq., (Local Chair), University at Buffalo Law School, Buffalo * Mairead E. Connor, Esq., Law Offices of Mairead E. Connor, PLLC, Syracuse * Matthew J. Fusco, Esq., Chamberlain D'Amanda, Rochester * Michael Hanley, Esq., Empire Justice Center, Rochester * Amy L. Hemenway, Esq., Harter, Secrest & Emery LLP, Buffalo * Michael Mul, Esq., Empire Justice Center, Rochester * Sharon P. Stiller, Boylan, Brown, Code, Vigdor and Wilson, Rochester.

Friday, December 4th New York Hilton and Towers; 1335 Ave of the Americas; NYC
Mark H. Leeds, Esq., (Local Chair), Riverdale * Dennis R. Boyd, Esq., Dennis R. Boyd Legal Advocacy and Consulting Services, New York City * Patricia A. Cody, Esq., Wormser Kiely Galef & Jacobs LLP, New York City * John P. Herrion, Esq., New York State Division of Human Rights, Bronx * Alan M. Koral, Esq., Vedder Price, P.C., New York City * Rachel J. Minter, Esq., Law Office of Rachel J. Minter, New York City* Jason R. Mischel, Esq., New York City Mayor's Office for People with Disabilities * Donald L. Sapir, Esq., Sapir & Frumkin, White Plains * Jo Anne Simon, Esq., Jo Anne Simon, PC, Brooklyn.

Wednesday, December 9th Crowne Plaza Albany; State & Lodge Streets; Albany
Simeon Goldman, Esq., (Local Chair), Disability Advocates Inc, Albany * Beth A. Bourassa, Esq., Whiteman, Osterman & Hanna LLP, Albany * Ronald G. Dunn, Esq., Gleason Dunn Walsh & O'Shea, Albany * John P. Herrion, Esq., New York State Division of Human Rights, Bronx * Gregory K. Jones, Esq., New York State Commission on Quality of Care and Office of Advocacy for Persons with Disabilities, Albany * Alan M. Koral, Esq., Vedder Price, P.C., New York City * Tara L. Moffett, Esq., Girvin & Ferlazzo, Albany * Cliff Zucker, Esq., Disability Advocates Inc., Albany.

For further information on this CLE program series or to register to attend, please visit the following Web sites:

Rochester Tuesday, December 1, 2009
Radisson Hotel Rochester Riverside
www.nysba.org/disabilityroc

New York City Friday, December 4, 2009

The New York Hilton
www.nysba.org/disabilitynyc
Albany, December 9, 2009
Crowne Plaza Albany Hotel

www.nysba.org/disabilityalb

Founded in 1876, the 76,000-member New York State Bar Association is the official statewide organization of lawyers in New York and the largest voluntary state bar association in the nation. The State Bar's programs and activities have continuously served the public and improved the justice system for more than 130 years.

Contact Information
Nick Parrella, 518-487-5532

http://readme.readmedia.com/Finding-the-Bottom-Line-Rights-of-People-with-Disabilities/983321

Bill To Provide Golf Carts for Disabled

By Georgina McNerney / Staff Writer
Daily Nexus, University of Southern California
Santa Barbara, CA
November 19, 2009

UCSB may soon have a fast and (not so) furious program to help disabled students get to class.

The student-led initiative aims to help individuals with crutches and other mobility problems get around campus by having drivers transport them via golf cart. The proposal, however, faces funding obstacles and liability concerns from campus administrators.

Associated Students Internal Vice President Chris Wendle and Ashley Day, a fourth-year political science major, are pushing for the program. The pair first imagined the service two years ago, when a mutual friend was temporarily disabled by leg surgery.

Wendle said his friend’s experience made him aware of the difficulties of navigating campus for the disabled. Wendle and Day served on the Associated Students Legislative Council together and decided to pair up to establish the program.

The program, however, must overcome a series of obstacles before it can be implemented.

“We need approval from all levels of campus admini-stration to ensure that we can offer everything that [we want to],” Day said. “[We have to] go through hoops to make sure its safe.”

Some campus administrators are concerned about potential school liability for the program.

Disabled Students Program Director Gary White said he is concerned about the dangers of motor vehicles being driven by students on campus. However, he also said that his program gets frequent calls from disabled students hoping for transportation, so there is a demand for the new proposal.

“The need is out there,” White said.

Wendle said his proposal needs more work, including determining what the boundaries of the service would be. He also acknowledged the liability concerns.

“The administration would be more comfortable if the program started small and on campus. Eventually [it] could move off once [it is] well established,” Wendle said.

UCSB is the only UC campus that does not have some kind of program to help disabled students get around campus. While UCSB once offered such a service, it was dropped approximately 10 years ago due to budget concerns.

Ultimately, Wendle said, he would want the program to operate online, where students could make reservations for specific times and locations. He aims to have to program running by the end of next Winter Quarter.

However, Wendle also said he is still determining how the program would be managed. The program could be designed as a part of the Disabled Students Program or included as part of Student Health, where students will be identified as injured or disabled and thus qualify for transportation.

Furthermore, Wendle and Day both hope the idea will eventually develop into a work study program.

The program would be entirely student-operated, Wendle said, and provide job opportunities for students. Undergraduate employees would be hired to schedule appointments and drive golf carts.

http://www.dailynexus.com/article.php?a=19803

All content, photographs, graphics and design Copyright 2000-2009 Daily Nexus at the University of California, Santa Barbara.

Thursday, November 19, 2009

Disabled Riders to Bing: Undo Switch in Transit Service

BY MATT HELMSFREE
PRESS STAFF WRITER
Detroit Free Press
Detroit, Michigan
November 19. 2009

People with disabilities and senior citizens called on Detroit leaders Wednesday to reverse an apparent decision to switch providers of specialized MetroLift rides that serve those who have trouble using regular buses.

The city announced earlier this month that Veolia Transportation would no longer be a provider of paratransit services. Officials said Veolia terminated its contract with the city Nov. 6.

But Veolia officials said Wednesday that the city stopped making payments in February, started contracting with other companies and has refused to discuss the issue. Veolia has provided paratransit services for the Detroit Department of Transportation since 1999 and was contracted through 2011.

Veolia has sued the city in U.S. District Court in Detroit, seeking nearly $10 million for breach of contract.

At a news conference Wednesday, representatives from Veolia and groups including the Council of Baptist Pastors of Detroit & Vicinity and the RainbowPUSH Coalition urged Mayor Dave Bing to reverse DDOT's decision on Veolia.

"We're hoping Mayor Bing will call a meeting, bring the parties together and try to resolve it," said Isaac Robinson, political director for the Michigan Teamsters Joint Council No. 43, which represents Veolia drivers.

Bing's office released a statement saying the city will continue to provide paratransit service but not commenting on Veolia's allegations.

"The City of Detroit is required by Federal Transit Administration regulations to provide paratransit service. Veolia was one of the vendors who provided this service until Nov. 6, when Veolia terminated their contract," Edward L. Cardenas, Bing's spokesman said. "Representatives of DDOT, including members of the mayor's staff, have had several meetings with Veolia and its lawyers in an attempt to resolve this dispute. The matter is now in court.

"There has been no interruption in services as DDOT continues to provide paratransit service to nearly 1,200 riders daily through licensed and certified vendors operating over 400 vehicles."
Robinson said 125 unionized drivers will lose their jobs if the city stands by its decision, and the people they served worry that the new contractors aren't providing service that meets Americans with Disabilities Act mandates.

Quintin Williams, 49, of Detroit, who is paraplegic and a disability volunteer coordinator for the Michigan Welfare Rights Organization, said riders have been complaining about bad service.

"The program is not meeting the needs of the disability community or the senior citizens who use it," Williams said.

Contact MATT HELMS: 313-222-1450 or mhelms@freepress.com

http://www.freep.com/article/20091119/NEWS01/911190465/1322/Disabled-riders-to-Bing-Undo-switch-in-transit-service

Copyright © 2009 ... Use of this site signifies your agreement to the Terms of Service and Privacy Policy/Your California Privacy Rights, updated March 2009.

Is A Wonder Pill Necessarily Wonderful for People with Down Syndrome?

Karen Kaplan
Los Angeles Times
Health Section
November 19, 2009



Scientists are hard at work developing a cure for the genetic disorder Down syndrome. But even if they succeed, nearly 60% of parents whose children have Down syndrome might take a pass.
In a survey conducted by researchers from the psychiatry department at the University of British Columbia in Vancouver, 27% of parents said they would not cure their children, and another 32% said they were unsure. Many parents expressed concern that a cure would change their child’s personality, said Angela Inglis, a genetic counselor who worked on the survey.

“Yes, it is a challenge, but your life will change in so many ways for the good, [but] you can’t imagine not having him,” said one parent who would decline a cure.

That feeling was not universal. Forty-one percent of parents said they would definitely treat their children for Down syndrome. Those parents said they were motivated by a desire to make their kids more independent and to give them more opportunities in life, Inglis said. She added that parents who had the hardest time caring for their children were the most inclined to seek a cure.

“It is very difficult, especially for the family dynamics,” one parent told researchers. “It changes our life because there is so much more stress and issues with a child with special needs. We often feel like giving up on life.”

Patients with Down syndrome have three copies of chromosome 21 instead of the usual two. In addition to the mental and physical symptoms, it can cause congenital heart disease, hearing problems, celiac disease, dementia and problems with the intestines, eyes, thyroid and skeleton. People with Down syndrome often live into their 50s, according to the National Institute of Child Health and Human Development.

About one in every 800 babies is born with the disorder. Pregnant women over the age of 35 are routinely offered prenatal screening for Down syndrome. Nearly two-thirds of parents surveyed said they thought prenatal testing for the disorder – through amniocentesis or chorionic villus sampling – was a “good thing,” and 60% said such testing should be available to pregnant women of any age.

The survey was conducted in Canada and included responses from 101 parents. No similar surveys have been taken in the U.S. The results were reported this week at the National Society of Genetic Counselors’ annual education conference in Atlanta.

The question about a cure might become less theoretical in the not-too-distant future.

In patients with Down syndrome, the brain loses its ability to make an important neurotransmitter called norepinephrine. But researchers from Stanford University and UC San Diego found that in genetically engineered mice that have a rodent version of the disease, injections of a drug called xamoterol returned the animals to normal function.

Once inside the mouse brains, xamoterol converted into norepinephrine and allowed the mice to build nests and complete cognitive tests just like regular animals, according to a study being published in Thursday’s edition of Science Translational Medicine. The drug kicked in within just a few hours, but its effects wore off quickly
.
The researchers suggested that people with Down syndrome could be treated with Droxidopa, another drug that converts into norepinephrine in the brain. Droxidopa is currently taken by people for orthostatic hypotension in Asia, and it's in Phase 3 clinical trials in the U.S. now. It should be taken with a second drug called carbidopa that would keep it from converting to norepinephrine until it entered the brain, the researchers said.

http://www.latimes.com/


Los Angeles Times, 202 West 1st Street, Los Angeles, California, 90012 Copyright 2009

Massachusetts State House Joint Committee on Education Looked at Numerous Legislation on Preventing Bullying in Schools

General Court of the Commonwealth of Massachusetts, STATE HOUSE, BOSTON 02133-1053
Daily Hearing List on November 17, 2009, Joint Committee on Education.


List of legislations:
S209
An Act to promote safer schools and communities.
S210
An Act relative to ensuring the safety of children.
S225
An Act enhancing school district transportation safety.
S228
An Act relative to bullying.
S233
An Act relative to bullying.
S242
An Act relative to bullying in schools.
S243
An Act relative to bullying in schools.
S281
An Act to promote tolerance and reduce violence in schools
S290
An Act to Prevent Bullying.
H364
An Act to prevent bullying.
H378
An Act relative student handbooks.
H428
An Act relative to bullying in schools.
H431
An Act relative to safe schools.
H440
An Act relative to school bullying prevention.
H453
An Act relative to the teaching of teen dating violence in public schools.
H454
An Act relative to school safety patrols.
H455
An Act protecting students against bullying, cyberbullying, and teen dating violence.
H483
An Act Relative to the Prevention of Bullying.
H524
An Act relative to bullying in schools.
H4281
An Act regarding school attendance.

http://www.mass.gov/legis/hearings/11-17-2009_DAILY_HEARING_LIST.htm

Monday, November 16, 2009

Don't Let a Disability Affect Employability

By Leslie Battiste, Public Relations
Goodwill Industries-Big Bend, Inc.
Tallahassee, FL
November 16,2009
http://www.tallahassee.com/

When you think of Goodwill Industries, what comes to mind? A place that needs donations? A store with low prices? Goodwill does sell donated items, but only to fund our programs to help people with disabilities and other barriers to employment reach their fullest potential in the work force.

Through Goodwill Industries-Big Bend Inc.'s mission services, those individuals receive job counseling, computer and office training, GED preparation, job-search skills and assistance in finding jobs. We also work with high school students with disabilities, giving them work experience in our workshop and stores.

Not only does Goodwill help people with disabilities find jobs in the community, but also many of our nearly 500 employees have disabilities or other barriers to employment. I was hired in 1976, one year after graduating from Florida State with a degree in mass communications. William Graham, CEO at that time, and Denise Horne, then human resources director, had the confidence to put me in charge of writing and designing publications as well as other tasks, when other employers were afraid to hire me. Now I'm a wage earner and taxpayer. I own my home and am financially independent because Goodwill gave me a chance.

Ira Jones has also worked for Goodwill for about 30 years, supporting his wife and two daughters. He has a hearing as well as a learning disability. He has attended adult basic education classes through Goodwill's "Earn and Learn" program for employees.

Many, like Ira and me, have been hired by Goodwill, but hundreds of men and women find jobs in the community through Goodwill's career training centers each year. Goodwill Industries-Big Bend has CTCs in Tallahassee, Panama City and Valparaiso as well as in Thomasville and Cairo, Ga. Counselors and instructors work with each participant to determine employment interests and abilities and then work with them and their employers to ensure their success on the job.

Why should you hire a person with a disability? Here are six of many reasons given by Goodwill Industries International:

· Your assumptions may be wrong. Just because someone has a disability doesn't mean he or she is defined by that disability. People with disabilities have a variety of skills and talents — the same as is true of the entire work population. You may be under the impression that just because someone has a disability, he or she is unable to perform a certain task. Often, that's an incorrect assumption.

· It's all about performance. A 30-year study by DuPont found that employees with disabilities have above-average records in job performance, attendance, dependability and safety. Many employers mistakenly believe that workers with disabilities have higher absentee rates or cannot be trained to perform certain tasks.

· It won't affect your insurance premium. Some employers worry that, if they hire a worker with a disability, their insurance premium will rise. In fact, insurance rates are based on the relative hazards of the job and the accident history of the workplace, and not on whether workers have disabilities.

· Accommodations? Not so much. You might be surprised how many worker disabilities simply go unnoticed in the workplace. That's because most workers with disabilities need little or no accommodations to perform their jobs. The bottom line, according to the Job Accommodation Network, is that nearly half of all job accommodations cost nothing to implement. And for those that do require a cost, almost three out of four have a price tag under $500.

· Technology is helping. Technological advances are leading to increases in productivity for all kinds of workers, including those with disabilities. Dictating software, screen readers and special keyboards are just a few of the many advancements in the modern workplace. And nearly half of the adults with disabilities say that the Internet has helped improve the quality of their lives.

· What you don't know can help you. It's true that we all bring our own life experiences to our jobs. A life lesson learned along the way can prove invaluable to a worker down the road. Workers with disabilities often have distinctive perspectives on life based on their own unique experiences, adding to the diversity and vitality of the workplace.

http://www.tallahassee.com/article/20091116/OPINION05/911160307/1006/opinion

Copyright ©2009


Leslie Battiste works with public relations at Goodwill Industries-Big Bend, Inc. Contact her at lbattiste@comcast.net.

Committee Reduces Rate Increases Promised to Health Care Providers

By JoAnne Young
For the Lincoln Journal Star
Lincoln, NE
November 12, 2009

They said decisions about budget cuts would be hard.

The difficult discussions began in earnest Thursday morning in the Legislature's Appropriations Committee, starting with a decision to reduce increases private providers of health care services for the state would get next year.

The committee will recommend those increases be reduced to 0.5 percent for behavioral health, public assistance and Medicaid providers. For providers of services for developmentally disabled and aging clients, the increase would be 1 percent. The smaller increases discussed a week into a special budget-cutting session would save $7 million in an effort to meet the $334 million deficit.

The action Thursday also would send back to the general fund $500,000 that was not used this year to move developmentally disabled clients off of the waiting list for services.

The provider rate increases were established in the 2009 legislative session with long, intense discussions. There was to be a 1.5 percent increase in 2010-11 for behavioral health, public assistance and Medicaid providers, and a 2.5 percent increase for providers of services for developmentally disabled. Those providing care to aging clients were to get 3 percent.

Those increases would have amounted to $20.9 million next year.

Some Appropriations Committee members argued Thursday that private providers have not kept up with salaries and benefits of state workers. The providers had made some gains recently, and the state had seen some positive benefits, said Lincoln Sen. Danielle Conrad.

"These are actual direct services to our most vulnerable citizens," she said. "This is a morale issue far more than a budgetary issue."

Appropriations Committee Chairman Lavon Heidemann said that if the committee reversed the proposal in Gov. Dave Heineman's budget to take away that $20.9 million, the amount would have to be made up elsewhere.

"That makes me nervous about where you're going to hit someplace else," Heidemann said.

Lincoln Sen. Tony Fulton said his concern was that provider rate increases were for the private sector, which has to react to the marketplace in competing for employees and running businesses.

The committee had looked at a proposal to restore half of the increase amounts, but even that would have been $11 million.

"Restoring half is probably larger than we can afford to do," said Sen. John Wightman of Lexington.

Sen. John Harms of Scottsbluff said the vote was "very painful for me." It was hard for him to accept reductions in provider raises, but at the same time, he said, he didn't know where else in the budget senators would find $21 million.

Several committee members talked about how tight the budget could be in the 2011-13 cycle unless the economy turns around drastically.

"If we don't focus on (those future years), we will really be in trouble," Harms said.

Including the cuts the committee restored on Wednesday, said Wightman, "I don't think we're going to come out of this special session with a balanced budget."

That is, unless the Legislature dips into the cash reserve or goes deeper with other cuts, he said.

The possibility of raising taxes is not included by the governor in other remedies the Legislature could use.

Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.

© Copyright 2009, JournalStar.com, 926 P Street Lincoln, NE

The Rosalynn Carter Institute Will Host a Session on Caregiving

The Rosalynn Carter Institute Will Host a Session on Caregiving at the 2010 Aging in America Conference, March 19, 2010

The Rosalynn Carter Institute for Caregiving (RCI) will host a session at the 2010 Aging in America Conference called "Expanding Access to Evidence-Based Programs for Caregivers".

For more information: www.RosalynnCarter.org

The session will be held Friday, March 19, 2010 from 9:30 a.m. - 4:00 p.m. This session will present the RCI’s model for support and will address important factors that determine effective implementation of evidence-based programs for caregivers: reaching family caregivers; tailoring programs to meet needs; securing organizational buy-in and leveraging partnerships. The session will end with the presentation of a position paper that builds the case for better caregiver support systems.

This session is held in conjunction with the 2010 Annual Conference of the American Society on Aging and the National Council on Aging, being held March 15-19 in Chicago, Illinois. Pre-registration is required, the $35 fee includes lunch. Attendees must be registered for the Aging in America Conference. Session is limited to 300, so secure your space early! For more information visit: www.RosalynnCarter.org.

For more details about the Aging in America Conference, visit: http://www.agingconference.org/AiA10/index.cfm Rosalynn Carter Institute for Caregiving, 800 Georgia Southwestern State University Dr., Americus, GA 31709.

Friday, November 13, 2009

Justice Department Resolves Lawsuit Alleging Disability-Based Housing Discrimination at 11 Multifamily Housing Complexes in Tennessee, Louisiana, Alab

Department of Justice

Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, November 6, 2009

WASHINGTON – The Justice Department today announced a settlement of its lawsuit alleging that those involved in the design and construction of 11 multifamily housing complexes discriminated on the basis of disability. The complexes are located in four states and contain more than 800 units covered by the Fair Housing Act’s accessibility provisions.

Under the settlement, which must still be approved by the U.S. District Court for the Western District of Tennessee, 11 defendants will pay all costs related to making the complexes for which they were responsible accessible to persons with disabilities and pay up to $117,000 to compensate individuals harmed by the inaccessible housing. The settlement requires all the defendants to undergo training on the requirements of the Fair Housing Act and provide periodic reports to the government.

"The Fair Housing Act requires equal access to housing for persons with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "This comprehensive settlement ensures that these multifamily housing complexes will be retrofitted to comply with the Fair Housing Act, thus allowing persons with physical disabilities an equal opportunity to live in and visit these complexes."

The complaint was originally filed in Memphis, after the United States Attorney received a copy of a survey conducted by the Memphis Center for Independent Living of three of the Memphis properties indicating violations of the Fair Housing Act. In jointly announcing the filing of the Consent Order U.S. Attorney Lawrence J. Laurenzi said, "This Consent Order is an example of our office’s commitment to enforcing the civil rights of all people and in particular highlights the high degree of cooperation between our office and the Civil Rights Division in enforcing the rights of individuals with disabilities."

The defendants responsible for the payments and retrofits are Steve Bryan, Bryan Construction Company, Patton & Taylor Construction Co., Taylor Gardner Architects, Looney-Ricks-Kiss Architects, Richard A. Barron, The Reaves Firm, Smith Engineering Firm, David W. Milem, Belz/South Bluffs and HT Devco. Two defendants, Steve Bryan and Bryan Construction Co., will also pay a civil penalty of $12,000 to vindicate the public interest. The defendants will retrofit the following complexes in Alabama, Tennessee, Louisiana and Texas:

Sunset Bay at Bon Secour, Condominiums, Gulf Shores, Ala.
South Bluffs Apartments, 4 Riverview Drive West, Memphis, Tenn.
Island Park Apartments, 1440 Island Park Drive, Memphis, Tenn.
The Apartments on Harbor Town Square, Memphis, Tenn.
The Horizon, 717 Riverside Drive, Memphis, Tenn.
Grand Pointe Apartments, 3606 Kaliste Saloom Road, Lafayette, La.
Highlands of Grand Pointe, 3601 Kaliste Saloom Drive, Lafayette, La.
Ashford Place Apartments, 107 Ashford Drive, West Monroe, La.
Island Park Apartments, 1105 Island Park Boulevard, Shreveport, La.
Reflections of Island Park, 2600 Celebration Cove, Shreveport, La.
Cumberland Place, 2088 Blue Mountain Blvd, Tyler, Texas

The retrofitting includes modifying walkways to eliminate steps, excess slopes and level changes, providing accessible curb ramps, and providing accessible parking and routes to site amenities, such as clubhouses, pools, mailboxes and trash facilities. The settlement also provides for the replacement of inaccessible knob door hardware, the widening of inaccessible narrow doorways, and the reconfiguration of bathrooms and kitchens to accommodate persons who use wheelchairs.

Persons who believe they may have been harmed by the lack of accessible housing at one of the complexes involved in this matter should contact the Justice Department at 1-800-896-7743, and select menu option 996.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Individuals who believe that they may have been victims of housing discrimination should call the Housing Discrimination Tip Line (1-800-896-7743) or email the Justice Department at fairhousing@usdoj.gov. Such persons may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

Fair housing enforcement is a priority of the Civil Rights Division. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

http://www.justice.gov/opa/pr/2009/November/09-ag-1205.html

09-1205
Attorney General

Stimulus Funds Reach Area Schools

By Kathy Cleveland, Staff Writer
Hollis/Brookline Journal, New Hampshire
Friday, Novmeber 13, 2009

Those big American Recovery and Reinvestment Act signs on highways let people know that federal stimulus funds are being used for road repair.

But most of the money going to local towns is being spent with little fanfare in the schools, mostly on special education programs and for reading and math help for children from poor families.

Seven local towns – Amherst, Brookline, Hollis, Lyndeborough, Milford, Mont Vernon and Wilton – have thus far received $3 million in ARRA funds from the federal government.

A little less than half of the $952,427 received by Amherst and the $834,000 received by Hollis has gone for roadwork on Route 122.

But the rest of the federal funds disbursed across the region have gone toward education.

The grants for all the schools cover two years’ worth of expenses, and local administrators say they are not spending federal dollars on programs that require funding beyond two years.

“We don’t want to invest in a program that can’t be continued or supported after the two-year period,” Trevor Ebel, superintendent of the Wilton and Lyndeborough schools, told the Wilton-Lyndeborough Cooperative School Board last month.

SAU 41, which includes Hollis, Brookline and the Hollis/Brookline Cooperative School District, has not received any stimulus money.

“We’re not eligible for technology funding or Title 1, only funds for special education,” said Superintendent Susan Hodgdon, adding that school districts must advance the money and wait for a reimbursement.

Because the federal funds are on a two-year cycle, Hodgdon said, any special education services or positions paid for with federal money would be the district’s responsibility after two years.

“We have to put money up front with no guarantee, and the advice has been not to,” the superintendent said. “It’s been problematic.”

In Milford, most of the $894,285 in stimulus allocation is being used to help students with disabilities and those who need extra help in reading and math. Among other things, the money will pay for equipment, intervention programs and software, tracking student progress and teacher training.

And for the first time this year, the Milford School District is receiving some money – $5,193 – for homeless students, to help them with medical expenses and for transportation so they can stay in their original school while living outside the district.

Amherst and Mont Vernon schools are using their $535,959 education allocation for early intervention services and to train staff, from kindergarten through high school teachers, in differentiated instruction, a method intended to help all students learn, regardless of differences in ability.

Other Amherst-Mont Vernon funds will support students with disabilities, paying for vocational opportunities for high school students, the purchase of FM systems for students who are hearing impaired and an adaptive physical education program for the disabled.

Wilton and Lyndeborough school districts have received a total of $468, 562.

The federal money is being managed and distributed by the state’s Office of Economic Stimulus, created by Gov. John Lynch last January. The governor also appointed state Deputy Attorney General Orville “Bud” Fitch as director of the office.

The overall goals of the ARRA are to stimulate the economy in the short term and invest in education and other essential public services.

The state has an interactive map to let people follow stimulus spending in New Hampshire, and the link is www.nh.gov/recovery/map/ index.htm.

http://www.cabinet.com/hollisbrooklinejournal/hollisnews/430605-308/stimulus-funds-reach-area-schools.html

http://www.cabinet.com/cp/hollisbrooklinejournal

The Cabinet @ 2009

12th International Conference on Mobility and Transport for Elderly and Disabled Persons

TRANSED 2010 Event

Hong Kong, China 2 - 4 June 2010

Conference and Expo: Sustainable Transport and Travel for All


The Hong Kong Society for Rehabilitation (HKSR) is proud to announce that the 12th International Conference on Mobility and Transport for Elderly and Disabled Persons (TRANSED 2010) will take place in Hong Kong in 2010.

Sub-themes
· Affordability and Accessibility
· Environmental Concerns and New Technological Development in Accessible Transport
· Accessibility Concerns and Solutions for those with Cognitive and Sensory Impairment
· Assessible Tourism

Enter Site http://www.transed2010.hk/mainmenu/index.php

English/繁體/简体 Text Contact Us
Copyright© TRANSED 2010

Thursday, November 12, 2009

The Artificial Hand That Can 'Feel'

The big difference between our system and others is the sensory feedback.--Fredrick Sebelius, Lund University, Sweden

By Mark Tutton
CNN
November 6, 2009

· Prototype artificial hand allows amputees to "feel" objects they hold
· Sensors in the fingers send signals to the forearm, which stimulates the brain
· The long-term goal is to attach sensors directly to nerves, via a "neural interface"

London, England (CNN) -- Researchers are working on a breakthrough in artificial limb technology -- a prosthetic hand that can actually feel.

The SmartHand project is funded by the European Union and is a collaboration between researchers from across the continent. It has produced a prototype motorized prosthetic hand that researchers say gives unprecedented sensory feedback.

Fredrik Sebelius, of Lund University, in Sweden, is one of those working on the project. He told CNN that the SmartHand is able to exploit the fact that many amputees experience what he terms a "phantom hand."

"If you push the skin on an amputee's forearm, they feel like you are pushing on their phantom fingers," Sebelius told CNN.

When an amputee imagines moving a "phantom hand," signals are sent down nerve fibres in the remaining part of the amputated arm to activate muscles that would have moved the fingers.

Myolelectric signals from those muscles are recorded by electrodes applied to the forearm and then transmitted to motors in the artificial hand.

It's a technique that has been used in prosthetic limbs for decades, but Sebelius says the SmartHand gives much more control than other systems.

It also allows sensory information to be detected and transmitted from several sensors in each prosthetic finger, meaning users can actually "feel" objects they hold in the SmartHand.

"The big difference between our system and others is the sensory feedback", Sebelius told CNN.

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"Sensors in the prosthesis pick up tactile information, which is relayed to actuators on the arm that pass on the sensory feedback, and this hasn't been done before,"

Sebelius gives the example of a pressure sensor on the artificial index finger sending a signal to forearm. By targeting the area of the forearm that activates the part of the brain associated with the index finger, the signal from the finger is "felt" by the brain.

He says the prosthesis could be commercially available within two years, but that the current technology is only suitable for amputations below the elbow. Upper arm amputees don't have enough muscles associated with hand movement to control the SmartHand.

Martin Twiste, senior lecturer of prosthetics and orthotics at the University of Salford, in England, told CNN that he did not know of any commercially available prosthetic hands that gave this kind of sensory feedback.

But he said the challenge with relaying sensory information from a prosthetic hand is sending the signals to the right place.

"Any sensory information from the prosthetic hand has to be fed back to the residuum (remainder of the amputated arm) and then to the brain," he told CNN. "The difficulty is where do you feed it back to?"

"If you have several electrodes on the residuum it's very difficult to place the electrodes accurately enough for the amputee to distinguish, say, the index finger from the middle finger."

One potential solution for upper arm amputees being explored by U.S. firm Deka Research and Development is to control an artificial arm using foot pedals.

Another method uses "Targeted Muscle Reinnervation," a technique developed by Dr Todd Kuiken at the Rehabilitation Institute of Chicago. This involves transferring the remaining nerves from an amputated limb to other muscles -- for example the pectoral muscle in the chest.

That means that when someone thinks about moving their amputated hand, they activate the muscle in their chest, and the myolelectric signals from that muscle can be used to control a prosthetic hand.

Researchers from the Johns Hopkins University Applied Physics Laboratory have developed a prototype prosthetic limb that uses this technique as part of a U.S. Defense Advanced Research Projects Agency-sponsored project.

But another solution is to directly attach electrodes to nerve bundles in the remaining part of the amputated arm, recording signals from the nerves, rather than from muscles.

Some of the SmartHand researchers have been working on this technology and Sebelius says developing this kind of "neural interface" is the long-term goal of the project.

Although neural interfaces have been trialled in animals, Sebelius says there are a number of problems that have to be overcome before the technology can be made commercially available for humans.

"The neural interface has to be implanted in the body, which brings problems of biocompatibility," Sebelius told CNN.

"A common problem is for the interface to be rejected by the body, then you get a lot of tissue forming around the interface and it doesn't function correctly."

http://www.cnn.com/2009/HEALTH/11/06/artificial.hand.feel/index.html#cnnSTCText

© 2009 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved.

Nebraska Care Providers Claim State Hypocrisy

Dispute Over Care For Mentally Disabled Nebraskans Emerges During Budget-cutting Talks

November 11, 2009

(AP) LINCOLN, Neb. (AP) - Pay at some state-funded programs where people with mental disabilities are cared for in Nebraska is so low that McDonald's workers make a higher hourly wage.

"Why would you work here?" said Linda Redfern, director of the Scottsbluff-based Region I Office of Human Development. Overseen by elected county officials, the office provides day and round-the-clock residential services to 190 people in 11 Panhandle counties.

Redfern and others across the state who help people with developmental disabilities likely won't have a better answer to that question again next year if Gov. Dave Heineman's budget-cutting plan is approved by lawmakers. Those who care for the developmentally disabled say his plan to ax previously approved, state-funded pay hikes next year for people who care for people with mental disabilities could keep them from expanding at the same time state officials say they want to move more people out of institutions and into the programs.

The plan is part of his wide-ranging proposal to shave $334 million from the two-year state budget over the next couple weeks during a special legislative session called to respond to drooping state revenues.

"It's such an ironic set of circumstances. If we weren't in the middle of it all, it would be unbelievable," said Alan Zavodny, CEO of Northstar Services, which provides services to about 300 developmentally disabled people in 22 northeastern Nebraska counties.

"At the same time community-based programs are falling behind, we're talking about increasing the number of people in the community." Northstar now serves about 300 people and he said it's likely fewer will be served next year.

Zavodny, president of a state association of organizations that serve the mentally disabled, predicted some would go out of business if Heineman's plan is approved.

State officials strongly disagree and say they expect capacity at the programs will actually increase even if providers like Zavodny don't get an increase in state funds next year to boost employee pay. State-funded pay hikes that went into effect this year and that Heineman's proposal won't change allowed Redfern, for example, to increase starting wages to $9 an hour from $8.30 an hour.

"I'm not buying that at all," Jodi Fenner, director of the state's developmental disabilities division, said of claims that nixing the previously planned pay increases for next year would shutter some organizations. "I agree it's a financial hardship, but am I afraid we'll lose capacity? I don't think so."

Fenner said that the stream of money that follows mentally disabled people into community-based programs where they get job training and more interaction with the general public is not being disrupted under Heineman's plan. Flat funding for employee pay, she said, may narrow the profit margins of businesses such as Zavodny's, but shouldn't limit their ability to expand.

Also, Heineman's plan doesn't attempt to take any of the $10 million lawmakers set aside early this year to help reduce a waiting list of mentally disabled people wanting services.

Lawmakers set aside the money after attempts to improve the Beatrice State Developmental Center, where hundreds of cases of alleged abuse and neglect of mentally disabled residents were reported in 2006 and 2007, drew attention to the waiting list of about 2,000 people.

As of Nov. 6, 1,717 people were on the waiting list. State officials say some people on the list are already receiving services but have requested additional services.

http://www.cbsnews.com/stories/2009/11/11/ap/business/main5614192.shtml?tag=contentMain;contentBody

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

What You Should Know...

"If all you see is the disability...you might be missing a lot. People with disabilities are just people." - Meredith Vieira, NBC News


DISABILITY AWARENESS - Meredith Vieira, NBC News

The federal government defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more "major life activities." According to the U.S. Census Bureau, about 49.7 million Americans have a disability, which includes people of all ages. About two-thirds of these individuals have a severe disability. People with disabilities represent all races, colors and creeds.

Disability Rights
When the 1973 Rehabilitation Act was passed, it was the first time in history that the law protected the rights of people with disabilities. Two years later, in 1975, another law was passed to ensure equal access to public education for students with disabilities. Despite changes in rehabilitation and education law, people with disabilities could be denied entrance to public places before the enactment of the Americans with Disabilities Act (ADA) in 1990. This landmark federal anti-discrimination law ensures equal access to employment opportunities and public accommodations for people with disabilities. With this act, Congress identified the full participation, inclusion and integration of people with disabilities into society as a national goal. However, the fight for disability rights is far from over. Advocates for people with disabilities promote bipartisan legislation and policy that will further the ability of people with disabilities to live independently, contribute to society, pursue meaningful careers and enjoy self-determination. After all, disability rights are civil rights.

Discrimination
People with disabilities often suffer from being labeled by their disability and are faced with prejudice. Since people with disabilities are sometimes separated from the mainstream due to their special needs they may also struggle with inclusion. Others often make assumptions and judge people with disabilities without knowing the facts or getting to know the person. Suffering from a disability does not make a person inferior; all people deserve respect.

Overcoming Attitudinal Barriers
As children, we are curious - pointing to anything unfamiliar and asking questions. We have few, if any, inhibitions. As adults, we learn to censor our queries, feeling uncomfortable with anything unfamiliar. It is human nature and not unusual, therefore, to be concerned about interactions with people who use wheelchairs, who are blind, who are deaf, or whom we find difficult to understand. We may be concerned that we will say the wrong thing, ask an inappropriate question, or unintentionally offend. We do not want to appear uninformed or insensitive. We might feel intimidated by communicating with someone with a disability because we are unaware of appropriate etiquette. However, communicating with a person with a disability is quite easy; just approach them with respect and courtesy.


What you can do...
Positive language empowers those with disabilities. Avoid generalizations and offensive labels when speaking to or about people with disabilities.

The person comes first
When writing or speaking about people with disabilities, it is important to put the person first - to focus on the person, not the disability. It is important to use words that reflect individuality, equality or dignity - for example: the person who is blind, the child who is deaf, the individual with a disability.

Communicate with respect and courtesy
When speaking with a person with a disability, talk directly to the person, not his or her companion. Extend common courtesies such as shaking hands and handing over business cards.

Listen - don't pretend
If the person has a speech impairment and you are having difficulty understanding what he or she is saying, ask the individual to repeat, rather than pretending to understand.

Wait for permission
If you believe that an individual with a disability needs assistance, go ahead and offer the assistance - but wait for your offer to be accepted before you try to help.

Be respectful
If you wish to get the attention of a person who is deaf, tap the person gently on the shoulder or arm. Look directly at the person, and speak clearly in a normal tone of voice.

Do not distract service animals
If you encounter an individual with a service animal, such as a dog, please do not touch or distract the animal. Service animals are working, and it breaks their training to interact with others when they are on duty.

Wheelchair etiquette
If you are having a conversation with a person who uses a wheelchair, if at all possible put yourself at the person's eye level. Never lean on or touch a person's wheelchair or any other assistive device. A person's assistive device is part of the person's personal space, and it is jarring or disturbing for anyone to have his or her personal space invaded.

Stay positive
Believing that your child with a disability has a bright future is one of the ways to help assure that they will.

http://www.themoreyouknow.com/disability-awareness/

U.S. Department of Laborwww.dol.gov/odep

© 2009, NBC Universal. All rights reserved.