DEAF WATCH----April, 1998 No fooling that ADA might be rolled back. No fooling that SSI/SSDI programs might face major changes soon. No fooling that Deaf schools are facing closures resulting from cuts in funding. No fooling that civil rights laws is facing serious threats from congress. No fooling that Deaf culture is threatened as Deaf children are being taught to be like the hearing. No fooling that disability bashing villains like Senator Slade Gorton (R-WA) is back to his dirty tricks with his exaggeration on March 18 about students with disabilities threatening other students with an electric saw in shop class. And finally, No fooling there are many Deaf adults who would rather 'go on with their lives' than have any involvement with anything that defends our rights and they definitely are fools! ..........ONCE AGAIN.......... This time of the year is when many of us Americans have to do their oftentimes dreaded annual tax homework. However taxpayers who open up their business to the disabled will be able to keep more money. An overview of the tax information is included in this newsletter. It is only up to us to educate the businesses of these tax benefits. Many business still have problems accommodating us and one reason is due to the lack of knowledge of these tax benefits. We must let them know that the US government will help businesses to accommodate us with these tax benefits and we also must let them know that the US Government will help us penalize any business that refuses to accommodate us. The Editor ************************************************************* NEW PROPOSED SENATE BILL DEFINES CONNECTICUT'S COMMISSION ON DEAF AND HARD OF HEARING EXECUTIVE DIRECTOR QUALIFICATIONS Senate Bill #564 (e) There shall be established the position of executive director who shall be the chief executive officer of the commission. [His] The executive director shall have (1) A bachelor's degree in a field pertaining to the provision of services to deaf and hearing impaired persons and at least three years' experience in providing services to such persons or (2) at least five years experience in providing services to deaf and hard of hearing persons. The other qualifications and the compensation of the executive director shall be determined by the Commissioner of Administrative Services, subject to the approval of the Secretary of the Office of Policy and Management, pursuant to section 4-40. Said executive director shall function under the direction of the commission. (f) Subject to the provisions of chapter 67, the commission is authorized to employ such clerical and other assistance as it requires to carry out the provisions of sections 46a-27 to 46a-32, inclusive. STATEMENT OF PURPOSE: To establish minimum statutory qualifications for the position of executive director of the State Commission on the Deaf and Hearing Impaired. (Consider this a ray of hope for the Deaf community in Connecticut and you can trust me to keep a close watch on this piece of legislation that will help eliminate the Rowland style of political puppettereing) ************************************************************* D E A F HONORED BY 3M St. Paul, Minnesota, March 9 -- D E A F Incorporated is pleased to announce that the Minnesota Deaf Community HIV/AIDS + STD Network, a program of D E A F, was chosen to receive Honorable Mention in the "Innovations in STD Education: A Compendium of Community-Based Programs that Reduce the Incidence of STDs: Model Program Search 1997". Of the 47 programs that responded to the model program nationwide search, D E A F was one of seven organizations that received Honorable Mention. The compendium is an 84 page listing of STD prevention education programs nationwide that are recognized for their unique and cost-effective approach to reaching at-risk populations. The goal of this publication is to recognize programs that are working to reduce the incidence of STDs throughout the country and to share the secrets of program successes with other communities. Program objectives, population, and contact information are provided about the programs that entered the nationwide search. This valuable publication is a National Public Service Campaign sponsored by 3M Pharmaceuticals of St. Paul, Minnesota. More than 12 million new STD diagnoses occur annually. STD infection is one of the fastest growing epidemics in the United States. D E A F is proud to be published alongside such programs as Entre Nosotros: Texas, The Prevention Connection: Los Angeles, Condom Promotion Intervention: Boston and The ABCs of STDs: Chicago. Today D E A F is committed to empowering Deaf and Hard of Hearing people by increasing access to information. D E A F provides direct services to the Deaf and Hard of Hearing communities including: telecommunications relay service, adult education, tutoring, Deaf community networking, HIV/AIDS & STD Prevention Education, deaf recreation, and information/referral. For more information about Minnesota Deaf Community HIV/AIDS + STD Network, contact Nancy Emery at 612-297-6707 TTY/Voice, 612-297-6766 Fax, or via E-Mail at NancyEmery@deafinc.org. To obtain information about other D E A F programs, contact Michael Zeledon at 612-297-6704 TTY, or via E-Mail at deafinc@deafinc.org. ************************************************************* OVERVIEW GUIDE TO TAX INCENTIVES FOR ACCESS TO DISABLED PUBLICATION 334 - Tax Guide for Small Business --(PAGE 15) Disabled Access Credit (Form 8826) The disabled access credit is a non refundable tax credit for an eligible small business that pays or incurs expenses to provide access to persons with disabilities. -------------------- PUBLICATION 524 --Credit For The Elderly Or Disabled (Schedule R) This publication explains who qualifies for the credit for the elderly or the disabled and how to figure this credit. -------------------- PUBLICATION 535 - Business Expenses --(PAGES 20-21 ) Dependant Care Assistance (Form 2441, Schedule 2) This section provides basic tax information about dependant care assistance programs. You can generally deduct the cost of a dependant care assistance program on the "employee benefit programs" line of your business income tax return. However, if you provide the care in-kind (operate a dependant care facility), deduct your costs as depreciation, utilities, salaries, etc. --(PAGES 45-47) Costs Of Removing Barriers To The Disabled And The Elderly The costs of an improvement to a business asset is normally a capital expense. However, you can choose to deduct the costs of making a facility or public transportation vehicle owned or leased for use in connection with your trade or business more accessible to and useable to those who are disabled or elderly. -------------------- PUBLICATION 907 - Tax Highlights for Persons with Disabilities This Publication gives you a brief introduction to certain tax laws of particular interest to people with disabilities and those who care for people with disabilities. It includes highlights of tax laws pertaining to income, itemized deductions, and tax credits -------------------- (NOTE - This guide represents our best effort to accurately duplicate the information provided. We are not responsible for inaccuracies. Please consult a tax attorney/consultant for further clarification of the tax laws that provide incentives for access to disabled. ************************************************************* CONFUSION OVER SIGN LANGUAGE STALLS BILL The House Education Committee yesterday postponed action on a bill on deaf education because of confusion over whether it would require all teachers to learn sign language. House Bill 146, sponsored by Rep. H.G. "Gippy" Graham, D-Frankfort, says that any teacher who has deaf or hard of hearing students must show competency in American Sign Language by 2005. Graham said the bill is aimed only at teachers in classes for deaf children and merely fulfills federal laws on disabled children. But the bill could be interpreted to mean that any classroom teacher who has a deaf or hard of hearing child mainstreamed into their class would have to learn to sign. "Gippy, Lord, what in the world are we going to do in the mountains?" asked Rep. Barbara Colter, R-Manchester, who said her local school district only has two or three teachers who could sign. The committee's decision to wait until next week to consider the bill provoked an anguished response from one mother. "When you pass over this bill, you pass over my baby," sobbed Diane Wagner of Louisville, the mother of 3-year-old Amanda, who is deaf. "She can't sing Christmas carols or do any of the other things that normal children do. You owe her an education; you promise that because you take my tax dollars." Committee members said they wanted the bill's language cleared up and a fiscal impact study added. But the bill should pass because many deaf children don't get the services they need and lag behind other students regardless of intelligence, said Bobbie Beth Scoggins, executive director of the Commission for the Deaf and Hard of Hearing in Frankfort. "If this bill passes it will have an impact on the lives of deaf and hard of hearing children," she said in sign language through an interpreter. "We do not want to lose another generation of children." The bill would also require the Kentucky Department of Education to create a data base to measure the educational achievement of deaf and hard of hearing students. By Linda B. Blackford HERALD-LEADER EDUCATION WRITER (Tipped by NJ-L News) ************************************************************* IDEA UNDER ATTACK Rights of Students with Disabilities in Severe Jeopardy! Secretary of Education, Richard Riley, has been under heavy attack by groups that want to reopen the debates resolved by the passage of IDEA last year. These groups want to weaken the protections for our children contained in that law. They have bombarded the Secretary and Congress with their complaints long after the regulatory comment period ended, demanding weakening changes. Can we afford to allow this to happen? Students with disabilities need our help NOW. Contact Secretary Riley and urge him to hold strong to the protections embodied in the IDEA ‘97 Reauthorization and existing policy letters. Don’t let special interest groups undermine the new IDEA. The time is now. ONLY YOU CAN MAKE A DIFFERENCE! Contact Secretary Riley and your Senators and Representatives. Let them know that they cannot back away from their commitment to our children. The Honorable Richard Riley Secretary U.S. Department of Education Washington, D.C. 20202 KEEP IDEA STRONG Background. On June 4, 1997, the reauthorized IDEA was signed into law by President Clinton. This law was developed through an unprecedented, bicameral, bipartisan effort. It was carefully crafted to respond to the sometimes conflicting concerns of parents and professionals. The Department of Education published proposed regulations on October 22, 1997. The regulations followed the intent of Congress by incorporating language directly from the statute. The regulations also followed the instructions of Congress by incorporating existing Policy Letters into the proposed regulations, to subject them to public review and comment. The comments to the Notice of Proposed Rule-Making were due January 20, 1998. The Department of Education received over 2,000 comments. NPND submitted over 50 pages of comments produced by 60+ members of our organization. All of the other stakeholders had the same opportunity to submit their comments within the regulatory timeframe. Apparently influenced by heavy pressure from some “general education” groups, key Republican leaders of the House and Senate submitted a joint letter to Secretary Riley. These Congressional leaders did not seek input from parents or other disability leaders. (In some cases, their recommendations recommend removal of language that is actually in the legislation and supported by the Congressional intent!). (Text of NPND’s response to the NPRM, the Congressional letter, and an analysis of the Congressional letter are on the NPND website.) NPND has now learned that leaders of some “general education” groups have been deluging Congressional leaders and the Secretary of Education with the complaint that “the regs have gone too far!” Rumor has it that the Secretary has received over 3,000 of these letters. This kind of pressure is a behind-the-scenes, back-door subversion of the regulatory process. GORTON ON THE ATTACK AGAIN On Wednesday, March 18, Senator Gorton (WA) - a fierce opponent of the rights of children with disabilities - presented his “photo opportunity” about the new IDEA. He had a roll of paper 40 feet long as an example of the paperwork that will supposedly now be required of teachers. He spouted hyperbole about knives and guns and students with disabilities threatening other students with an electric saw in shop class. His threats to IDEA, and the threats of the general educators “special interest” groups, are real — and we must respond NOW. WHAT ACTION NEEDS TO BE TAKEN NOW! --Contact the Secretary of Education --Contact Hill Leaders, Chairmans Jeffords & Goodling --Contact your Senators and Representatives during spring recess (Congressional recess is from April 2nd to April 20th) WHAT IS THE MESSAGE!!! IDEA is a good law. Implement and fund IDEA now! Do not weaken the regulations. If anything, they don’t provide enough guidance to ensure that the law is appropriately implemented. The US Department of Education was RIGHT to incorporate existing policy letters into the proposed regulations, they did just what Congress told them to do. Don’t destroy the consensus that was built during this unique legislative process. Don’t let special interest groups reopen the debates that were resolved by the passage of IDEA. Don’t reward those groups for subverting the regulatory process. We expect the Secretary and our representatives to stay strong and demonstrate their real commitment to our children with disabilities. Remember the promises made during the passage of IDEA! Honor them!!!! Check the NPND website for Congressional contacts. To call members of the House and Senate call (202) 224-3121. THE FRIDAY FAX IS BROUGHT TO YOU BY THE NATIONAL PARENT NETWORK ON DISABILITIES NPND * 1200 G Street, NW * Suite 800 * Washington, DC 20005 (202) 434-8686 * (202) 638-0509 (fax) * E-Mail: npnd@cs.com * Website: http://www.npnd.org ************************************************************* DISABILITY WATCH JUST RELEASED Disability Rights Advocates ("DRA"), a national disability law center, has just published "Disability Watch," a status report on people with disabilities. Much of the research was done by the Disability Statistic Rehabilitation Research and Training Center at the University of California, San Francisco. This report describes the situation of, and obstacles faced by, people with mobility, sensory and mental disabilities in key areas of life including transportation, housing, employment, social integration, and education. The 78-page report, with an introduction by Paul Longmore, head of the Disability Studies Institute at San Francisco State University, is contains facts, stories and statistics about the "state of the union" for people with disabilities. The study makes it clear that although the disability statutes have helped advance some rights, it by no means has ended discrimination or created full and equal access. What is Disability Rights Advocates and what does it do? DRA, with its main office in Oakland, California, is one of the leading legal advocacy centers for people with disabilities in the nation. DRA is known for its creative, vigorous and successful advocacy as well as for its community education work and organizing of disability activists. DRA produced "Disability Watch" in response to a need for an up-to-date, practical and definitive reference document written in an understandable format that can be readily use by organizers and policy analysts alike. How to order "Disability Watch" "Disability Watch" costs $17.95. ($14.95 plus $3.00 shipping and handling.) If you are a California resident, add $1.24 for sales tax. (Total $18.19). Make your check payable to: DRA (Disability Watch) and mail it to : Disability Rights Advocates 449 15th Street, Suite 303 Oakland, CA 94612 You can reach us by telephone at: (510) 451-8644 or fax (510) 451-8511 Our web site address is: http:/members.aol.com/dralegal ************************************************************* RESOURCE OF THE MONTH: DISABLED & MISTREATED BY YOUR EMPLOYER? FIGHT BACK! This site is one of the great sites that has inspired me to create Deaf Watch. This site is also inspiring others to create great disability related websites. Packed with information and resources. One can find information on myths on employing the disabled, laws, paralegals, lawyers, organizations, court cases, disability software, and many others. This site is a must see! URL :http://www.comsource.net/~awiggins/ ************************************************************* Disability Lawsuit List. SLEEP SICKNESS IS A DISABILITY Brown v. LNP Engineering Plastics Inc., No. 760384 An Orange County, California Superior Court jury awarded $1 million to a man who claimed his former employer discriminated against him by refusing to accommodate his sleep disorder disability. Ronald C. Brown claimed that LNP Engineering Plastics Inc. discriminated against him by refusing his request for accommodation of his disability and by terminating him for poor attendance based on his disability leaves of absence. WHEELCHAIR PATRONS MUST BE ABLE TO SEE OVER STANDING SPECTATORS Pollin vs. Paralyzed Veterans of America, 97-834 The Supreme Court justices, without comment, let stand rulings that required Abe Pollin to make sure his MCI Center, home to NBA's Wizards and the NHL's Capitals, enables most wheelchair patrons to see the playing area or stage over standing spectators. Abe Pollin appealed rulings that "substantially all" wheelchair spaces in the arena must provide views over standing spectators on grounds of loss of revenue as up to 368 seats at MCI Center events will have to be covered and kept unused so as to prevent the possibility of a spectator standing in front of a wheelchair space occupied by a wheelchair user. ************************************************************* This month's recipients of the Deaf Watch GOLD Award. Where do we go from Hear? (http://www.gohear.org) A must see! Page sur l'interprétation en langue des signes québécoise (http://www.cvm.qc.ca/dcb/Pages/interp.htm) Exceptional site! DeafNet Communications International (http://deafnet.com/) Another Deaf Supersite! Let's give these sites a round of applause! AND A VISIT TOO!!!! ************************************************************* This month's recipients of the Deaf Watch Award. Southwest Texas State University American Sign Language Club (http://members.tripod.com/~LouCaru/index-6.html) Great Site! ************************************************************* "I hear with my eyes" Cary Perkins ************************************************************* "Fight your insurance company, because a lot of insurance companies will deny essential equipment... I tell them fight, fight back." Christopher Reeve ************************************************************* Letters from readers. Hi. We need to get the word out to people with disabilities that Section 255 , which is in effect now, states, "All telecommunications and communications equipment and services MUST BE accessible to and usable by people with disabiltiies. This literally means that a person who is deaf (like me) can walk into anywhere they sell phones, wireless or wireline and have the solutions available to test drive. You can find the final rules for Section 255 at www.access-board.gov. For multi media computers, we can access by hearing on these too. Lets let people know, and if the telecommunications company isn't in compliance, one can call FCC 255 Complaint Division and file a complaint. Let me know if you need more info. Jo Waldron, Disabled American for the nation, since 1987. JoHATIS@prodigy.com ------------------------------- Have been in the movement, these past 30 yrs. Unable though to do much more than offer w/o cost, free support groups for children to elederly with disAbilities, and added issues of violence-abuse-torture- genocide - holocaust - political torture - brain washing-sexual abuse issues of life, etc. Worked with Americans, emigres, ex-offenders, abusers, people from outside the U.S. [Understand most of the issues, because first 20 yrs . Need some help, well infact a lot if possible Am not computer literae, or savy. Hae learning disorders, short term memory, etc. ..physical disAbling issues, that can't keep me on line for any long periods of time. State this first because i want to get out the news about our 8th yr of our "Universal Cross-DisAbled Peace & Freedom Vigil " A Human Rights Day - Program Remembering Most Importantly From-By-To-With : All Profoundly DisAbled - All DisAbled -DisAbled or Killed By Violence A San Francisco - California -Proclamation of Cross-DisAbled Yearly Event Sunday - September 27, 1998 - 9 AM - 5 PM San Francisco Golden Gate Park-Music Bandstand Shell [ Fully Wheelchair Accessable ] This rembrance day was founded by myself to remember human beings locally - globally with first of all & as the very main focus of our daily vigil All with profound disAbilities - unable to really leave their beds, their homes, wherever that may be..Usually unable to join any community - "or be seen or heard". Many of us run businesses from our homes, or very beds. But please, don't leave our voices, our persons out of the fight for our rights - locally or globally. Invitation To Send Your Signed Flags Of Support - Supporting Universal Human Rights - DisAbled Rights - Victims Rights : " Universal Cross-DisAbled Peace & Freedom Flag Of Conscience " : Come Sign Our Flag of Conscience - Or Send Your Flag To San Francisco ! I Founded a flag with the above name to remind human beings locally - globally, nobody is impervious to being disAbled - disAbled or killed by violence. Flag's of United Advocacy - Locally - Globally - Universally - Sponsors : >From any Individual - Organisation - Faith - Schools - Business - Etc. [ No violence or hate groups or please -OUr vigil is for peace of mind-body ] Flag is a plain white flag with the Human Rights Emblem on it . People may sign the flag with Fabric Pen W/the colors : UN Blue - Navy - Black - Blue. Flag may also have city - state-nation's name, plus organisation's . Our vigil is a program all day about peace, and fighting for our rights locally - globally. We want all advocacy possible - co-sponsors - sponsors. Mark & Mail Flags By September 15, 1998 To "Universal Cross-DisAbled Peace & Freedom Flag Of Conscience - 1998" P.O. Box 22162 - San Francisco - Ca. 94122 - USA Flags Non-Returnable But will be shared in Washingtond D.C. Date to be Announced : Flags are not returnable. Flags are being collected to share at a soon to be announced national vigil in Washington D. C.. Your signed flags are needed ! Please get out our message of advocacy to you - yours - friends - strangers. Roses-Flowers -Send directly to your loved one on our day - or to our vigil site : If you can't find a flag to sign, please consider sending with a card roses or flowers to send in remembrance of a loved one from anywhere in the world [or send your bouquet of flowers directly to our vigil site : Sunday - September 27, 1998 - 9 AM - 5 PM. Getting Out Our News Everywhere : Program Of Love Supporting Human Rights DisAbled Rights Victims Rights : To Share With All Peoples Belief - Locally - Universally : With Public Support And Participation - Unknown Or Known Help Us !!! Translate our message. Put it in your local newspaper - radio - tv. We have no funding so this is a human being to human being effort allowing all peoples to know even with profound disAbilities, we care about our rights - our lives. We care about "Life". We are not dead, and still have a lot to do, and to say. With Public Support, our "Universal Cross-DisAbled Peace & Freedom Vigil" will be a wonderful legacy to remember long after we have left the earth. Hopefully it will allow all to know and feel, we don't just lay around, but are involved in every way. Please don't forget our disAbled homeless population. Further Information : Call 415.665.1178 - Fax. 415.759.0958 - e-mail : mhona@linex.com - ICQ : 7400259. Americans : Look for Americans Foremost to help with our outreach locally - globally. - with "Ability " and Heart ! Become a real and true "Promise From The Heart " WE must maintain heart - most of all conscience. Not to do so would be unconsciencable. Sponsoring Vigil : The Center For/ By Victims Of Trauma With Cross-DisAbilities [ MHONA INTERNATIONAL,] P.O. Box 22162 - San Francisco - California 94122 Need : Co-Sponsors - Locally - Globally - Can & Will You Get Involved With Us Today ? Thank you for any and all help possible. Mrs. Tatiana A. Klimenko - Kostanian - Founder -------------------------------------------------- IDEA Decision The U.S. Fifth Circuit Court of Appeals ruled that under the revised Individuals with Disabilities Education Act (IDEA) the East Baton Rouge Parish School Board and the state of Louisiana need not provide a sign language interpreter to a deaf child voluntarily enrolled in a parochial school. The Court found that East Baton Rouge public schools had offered the child an appropriate education, and therefore "the local educational agency was not required to provide an on-site interpreter" at the religious site, the court said. The Fifth Circuit’s ruling nullified its own decision made in January, when it created a three-part test for assessing school districts’ obligation to pay for special education services in private and parochial schools. IDEA changes made into law in May specify that states must identify and count disabled students attending private and parochial schools, and spend only a proportionate share of their IDEA funds on those students. The ruling in the East Baton Rouge School Board case constitutes the first clear signal that parents will have greater difficulty under IDEA gaining reimbursements for unilateral private or parochial enrollments. (Education Daily, 7/8/97, pp. 1-2) Zan Thornton adaptgazan@mindspring.com ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Circulation by EMAIL : 313 Subscribers - Chief Editor/Editor : Richard Roehm - Orange County, California - Internet : Deaf@activist.com - Nesmuth@hwsys.com - ICQ #: 7389913 | Handle: SilentKnight - DEAF WATCH Http://www.deafwatch.com - Http://home.hwsys.com/users/roehm/deaf.htm - Visit Http://home.hwsys.com/users/roehm/nez.htm ---------------------------------------------------------- - Education is the best gift that lasts a lifetime! - Help someone subscribe to The Deaf Watch Newsletter ---------------------------------------------------------- - SUBSCRIPTION INFORMATION - To be added to the mailing list, send "SUBSCRIBE" - To be deleted from the mailing list send "DELETE" - to this address NESMUTH@HWSYS.COM - - Mailing lists are not sold/given to anyone. ------------------------------------------------------------- - Need to stay on the net? 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