DEAF WATCH NEWSLETTER!

DEAF WATCH NEWSLETTER JUNE-JULY 2000

THE "BABEL FISH" SECTION FISH CHANGING FLAG COLORS

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Greetings!

First of all,

I am pleased and excited to announce to everyone that two days ago I have received official notification from The California Governor's Committee for Employment of Disabled Persons which is under California's Employment Development Department that the new chairman of this committee, Harry Servidio, will be appointing me to serve as a member of the Workforce Investment/Employer Subcommittee. My first term will commence July 1, 2000 and expire on June 30, 2002.

As an outspoken advocate for people with hearing disabilities, I will be bringing in my vast advocacy knowledge and wealth of resources into the committee and put it into good use to help people with disabilities have the same opportunity to live a safe, healthy, and productive living as everyone else.

I want to thank many of you for your support in my budding advocacy years and I look forward with great ambition to serve on the Workforce Investment/Employer Subcommittee of The California Governor's Committee for Employment of Disabled Persons.

In this issue, I define "LEADERSHIP" for our community.

L - LEADERSHIP

leadï¿½erï¿½ship n 1: the activity of leading; 2: the body of people who lead a group; 3: the status of a leader; 4: the ability to lead.

Leadership within the deaf community has always been carved up by the traditional or 19th century mindsets. Most deaf leaders have been too afraid to try new ideas and methods of leadership. Thus they end up as puppets to their predecessors. It's time we start eliminating the monotonous leadership that has been around for decades and start over using fresh and modern ideas.

E - EMPOWERMENT

emï¿½powï¿½erï¿½ment n. 1: Investing with power, especially legal power or official authority.

Empowerment is a valuable tool in advocating the rights of the deaf community. If everyone knows what their rights are, they can act to protect their rights on their own. In today's advocacy system, we are seeing many deaf centers keeping valuable information to themselves and getting full credit for helping the community. We must empower everyone if we are to be able to preserve our rights and this means helping as many as deaf people know and understands what our rights are and the proper steps needed to be taken to preserve and advance it.

A - ADVOCACY

adï¿½voï¿½caï¿½cy n. 1: The act of pleading or arguing in favor of something, such as a cause, an idea, or a policy; active support.

Deaf advocacy is one of the largest causes on the globe and comes in many different colors and philosophies. We do have some good advocates, some bad advocates, and some advocates with ugly ideas. Many deaf advocates need to depolarize and bind together toward a common cause. We need to help deaf advocates work together and not acts as warlords like the two ladies that are part of a large deaf organization in the Los Angeles area. This way the definition of advocacy can benefit the community as a whole.

D - DIGNITY

digï¿½niï¿½ty n 1: the quality of being worthy of esteem or respect; 2: formality in bearing and appearance; 3: high office or rank or station.

What happened to dignity in the Deaf community? We're seeing many different people looking down on us. Many doctors and lawyers are not dignifying us by refusing interpreters. The same goes for cops shooting us because poor communications. Arbitrators saying we cant teach children. Our bosses not getting us the interpreters at staff meetings. Many hotels, bus stops, train stations have like 10 pay phones and none are with TDD's. Some sign Language interpreters are taking away our dignity by making it too costly for others to use them as effective communications providers. Finally we got insurance companies willing to get a dog or a cat hearing aids while the like turn down authorizations for cochlear implants and hearing aids for deaf people. Where is our dignity? It's time we start asking for dignified treatment by the public and we can find kind, peaceful, and creative ways to get the respect we need.

E - EDUCATION

edï¿½uï¿½caï¿½tion n 1: activities that impart knowledge; 2: knowledge acquired by learning and instruction; 3: the gradual process of acquiring knowledge; 4: the profession of teaching 5: the result of good upbringing;

Education is one of the best and most practical means of achieving empowerment of the deaf community. The more deaf people know what our rights are and how to use them the stronger our community gets. Most deaf people dont know that we have rights under ADA largely due to many organizations and groups do not associate deafness with physical disabilities. This makes it extremely difficult for some advocacy education programs to be effective. Education is the first step in empowering the deaf community. Let's use it.

R - REPRESENTATION

repï¿½resï¿½entï¿½atï¿½ion n 1: a presentation to the mind in the form of an idea or image; 2: a visual or tangible rendering of someone or something 3: the act of representing; 4: the state of serving as an official and authorized delegate or agent; 5: a statement of facts and reasons made in appealing or protesting; 6: an activity that stands as an equivalent of something or results in an equivalent

It is extremely important that membership organizations obtain input from their membership. The same goes on for deaf membership organizations. Today we have many deaf membership organizations limiting representation to those who have money to burn by restricting elections to those who can afford the expenses associated with the elections. Most deaf organizations dont have any vote by mail options. Restricting membership voices is a fast way to kill an organization and that's what we will be seeing with many deaf organizations in the near future. The same goes on for their actions. We're seeing many organizations telling us what needs to be done when its supposed to be the other way when the membership tells the organization what needs to be done. It is time that deaf organizations start opening up their eyes and start taking feedback from the members.

S - SALVATION

salï¿½vatï¿½ion n 1: a means of preserving from harm or unpleasantness; 2: saving someone or something from harm of from an unpleasant situation;

Today we have many deaf organizations offering salvation to those with large cash coffers. It is time they start offering salvation to the entire community they represent. Here in California we have 2 large deaf organizations offering salvation to those that send them money and side with their political ideologies. They hang up on people that really need help. In my case, I had a 49K a year job with a large entertainment company and when they began refusing interpreters, TDD,s and other accommodations, I turned to a deaf organization for help only to find that they're trashing me and billboarding the company because they were getting large cash contributions from the company. We have deaf organizations that help only themselves not the community. The same organization that trashed me is now under fire from their past presidents. Deaf organizations should start helping people they are supposed to serve. Today we're seeing many deaf organizations serving themselves and ignoring the needs of the community they are supposed to represent. This has to end.

H - HIERARCHY

hierï¿½arï¿½chy n 1: a series of ordered groupings of people or things within a system; 2: the organization of people at different ranks in an administrative body.

Many deaf organizations lack hierarchy. Instead of taking feedback from community through committees, subcommittees, and advisory councils, they chose to utilize a rubber stamp system. Lack of hierarchy usually preludes corruption. Strong organizations usually utilize a hierarchic system to help chart their course. Deaf organizations need to develop hierarchic systems.

I - ISSUES

isï¿½sue n 1 : the action of going, coming, or flowing out 2 : a means or place of going out : EXIT, OUTLET 3 : OFFSPRING, PROGENY 4 : final outcome : RESULT 5 : a point of debate or controversy.

Issue driven organizations are more viable than organizations that dont have any issues on their agenda. Issues is exactly what drives organizations forward and keeps organizations together. Today we have deaf organizations that fail to address many issues facing our community. Discrimination, access to communication aids, employment, access to health, access to the legal system, and representation have yet to be resolved by many national deaf associations. Instead were getting a lot of lip service from them. Deaf organizations need to start paying attention to issues that affect us as a community and take action on them.

P - PROACTIVITY

proï¿½acï¿½tivï¿½iï¿½ty n : taking initiative:ï¿½ taking the initiative by acting rather than reacting to events.

Proactivity in the deaf community is almost non existent. Most deaf organizations wait until their rights are threatened before taking action. Most deaf organizations dont have any programs that address threats to our rights until it actually surfaces. For example, Orange County Deaf Advocacy Center is probably the only organization in Southern California area that is working to prevent tragedies resulting from poor communications between community members and law enforcement. Were not going to wait till deaf blood gets spilled before we take action. Do you see any deaf organizations canvassing hotels, motels, shopping centers, airports, bus and train stations for TDD's on pay phones? OCDAC is maybe the only ones doing it. National deaf associations should start working to prevent any inconveniences faced by members of our community. Instead they're simply waiting for tragedies or major inconveniences to happen before they act.

I just wish that our national deaf organizations would pay more attention to the needs of the community than just serve themselves.

If we are going to have fairness, equality, and justice, then we better be working together to accomplish these objectives!

Always yours! RICHARD ROEHM Chief Editor, Deaf Watch Newsletter

NEWS

AGREEMENT REACHED FOR DISABILITY ACCESS TO CALIFORNIA DENTISTS' OFFICES

Delta Dental Plan of California, the largest dental health carrier in California, and Disability Rights Advocates, a national non-profit center for people with disabilities, today announced a new statewide program to improve access to dentists' offices for wheelchair users and other Californians with mobility impairments. The plan is believed to be the first such program in the country and is expected to serve as a model for providing accessible dental care for people with disabilities.

"Delta Dental is pleased to be at the forefront of efforts to ensure that quality dental care is available to all people with disabilities," said R. Steven Bull, DDS, Senior V.P. of Professional Services at Delta Dental.

Under the terms of the plan announced today, Delta Dental and its affiliated dental health maintenance organization, PMI Dental Health Plan, will survey all dentists participating in the Delta/PMI statewide network to gather information about the accessibility of their offices. Delta Dental and PMI will then provide this information to consumers, who will be able to consult a web page at www.deltadentalca.org or a customer service representative by phone to locate the nearest accessible dental office. Without any additional out-of-pocket expense, consumers who participate in the PMI Dental Health Plan will be able to receive treatment from dentists outside of the PMI network if an accessible PMI dentist is not located within a reasonable distance from the patient's home.

With the help of Disability Rights Advocates, Delta Dental will also embark upon a statewide campaign to educate California dentists about their legal obligations to provide accessible dental care for people with disabilities.

As further evidence of its commitment to improving access, PMI will consider the accessibility of dental offices in selecting dentists to participate in its network of providers. PMI has pledged its best efforts to ensure that every new dentist added to its network will be accessible to patients with mobility impairments.

Sid Wolinsky, one of the directors of Disability Rights Advocates, worked with Delta Dental and PMI to design the program. He commented, "The disability community applauds Delta Dental and PMI for their enlightened approach to improving access for people with disabilities." Mr. Wolinsky added, "We hope that dental care providers in California and across the nation will follow Delta Dental's lead so that dental treatment will be available to all Americans with disabilities."

Contact:
Robin Goldfaden or Larry Paradis at Disability Rights Advocates
(510) 451-8644 (voice) or (510) 451-8716 (TTY)

Jeff Album at Delta Dental Plan of California
(415) 972-8418

DEAF IMPACT GROUP TO FORM IN SOUTHERN CALIFORNIA

A group of people with hearing disabilities are needed to volunteer for Deaf Impact Group, a new group of people in the Southern California area dedicated to the education and enforcement of the Americans with Disabilities Act. This group is expected to be a high profile consumer run community watchdog organization.

They need no more than 15 volunteers who are willing to meet at least once a month at various locations within Southern California Area along with the press to expose accessibility deficiencies within Orange and Los Angeles counties. Residents within the Los Angeles and Orange Counties are strongly encouraged to join the Deaf Impact Group.

Any interested people should contact [email protected] or call (949) 724-2742 8 30 to 5:30 M-F TDD for more information.

DISABLED WOMAN SUES FOR CITIZENSHIP

ANAHEIM, Calif. (AP) - Indian-born Vijai Rajan has lived in the United States since she was 4 months old. Both her parents and her sister are U.S. citizens. But the 24-year-old woman has been denied citizenship because she has cerebral palsy and other disabilities which make it impossible for her to take, or even comprehend, the oath of allegiance. Now her family has filed a discrimination lawsuit on her behalf against the Immigration and Naturalization Service, seeking a court order requiring the agency to grant her citizenship. The lawsuit says the agency violated federal laws prohibiting discrimination based on a disability.

DEAF NATION SUSPENDS ITS OPERATIONS

DeafNation has suspended its operations for the next few months, and we will announce when we are ready to resume operations.

We are not currently accepting any more sign ups or advertising contracts until we resume our operations.

Please check www.deafnation.com for updated information on when DeafNation will resume its operations.

For internet and webhosting services, please e-mail [email protected] or [email protected].

For WebbyNation, Inc. or DeafBuy.com, please e-mail Joel Barish, CEO at [email protected].

For Marvin Miller at DeafNation, please e-mail him at [email protected].

We thank you for your continued support, and we will keep you posted on when we resume our operations!

Thanks!

DeafNation

BOSTON COPS BREAK BARRIERS WITH SIGN LANGUAGE

BOSTON (APBnews.com) -- Like all police officers, a group of seven Boston transit police rookies can give directions, help crime victims and read Miranda warnings, but unlike other officers they can do all this without saying a single word.

The officers are fluent in sign language and were the first ever recruited by the Massachusetts Bay Transportation Authority's (MBTA) Police Department because of their signing skills.

These officers, who started work on New Year's Eve, can communicate with deaf and hearing-impaired crime victims in Boston's subway, bus and commuter rail systems. They can also interrogate deaf suspects.

The skills already have come in handy. On Feb. 10, a man tried to snatch a shopping cart holding the personal belongings from a deaf woman in Boston's Government Center T Station, police said.

When the woman resisted, the man allegedly took out a razor knife and tried to slash at her and her three deaf companions. The woman ran to two MBTA officers on the subway platform and used hand gestures to tell them that the man was armed.

No language barriers

No one was injured, and officers quickly arrested the man, whom police identified as Hugo Paz, 38. One of the seven signing officers, Jerry Cianciulli, 31, took witness statements from the victims in sign language.

"They were very surprised, and they had no idea that there were police officers out there who could communicate with them," said Cianciulli, who learned sign language while taking night classes at a local community college.

MBTA Police Chief Thomas O'Loughlin, who heads 239 officers, said last year's recruiting initiative was the first of its kind among the state's law enforcement agencies, and one of the first in the nation. In his 23-year police career, he had never met a police officer who knew sign language.

"If you don't have an ability to communicate with the constituency you serve, it's very difficult if not impossible to provide them with sound public safety services," O'Loughlin said.

He noted that the initiative did not cost the taxpayers any additional money, and that sign language is the ninth non-English language known by officers in his department.

"They just have an ability to communicate in sign, just as we have 13 police officers that are fluent in Spanish. We have three officers fluent in Chinese," he said.

Pride in helping deaf community

The chief said he already has loaned his sign language officers to other departments, such as Boston police, to interview deaf suspects and crime victims.

One of the rookie officers, Matthew Haney, 23, said his deaf parents taught him sign language before he knew English.

"They take a lot of pride in the fact that I'm out there helping the deaf community," he said. "It's a skill that not that many people have. Hopefully this idea will spread, and it will become a more common practice."

MBTA spokeswoman Lydia Rivera said thousands of the estimated 1 million riders that use the system daily are hearing impaired.

Problems reporting crimes

O'Loughlin said the idea of sign language-fluent officers emerged after discussions with Barbara Jean Wood, commissioner of the Massachusetts Commission for the Deaf and Hard of Hearing, a state agency. Both also serve as board members of the state committee that oversees Massachusetts' 911 system, and they had to confront the issue of how the deaf could use the emergency service.

The chief recalled that last year, a deaf man in the transit system witnessed someone steal a woman's wallet but could only slowly scrawl notes to police as the suspect escaped on a subway train.

"How many things have we missed because out of frustration or otherwise [someone hearing impaired] had an inability to communicate with us?" O'Loughlin said.

Jana Owen Beckford, vice president of Sign Language Associates, a Silver Spring, Md., business that provides sign language interpreting services, said that the deaf have problems reporting crimes.

"If a [deaf] person was a victim of a crime, they already have to deal with the trauma of that experience and then ... trying to negotiate communication by writing notes back and forth can be inexact at best," she said.

Skills offer extra edge

Haney said when the MBTA police contacted him, he was a junior at Northeastern University who had not heard from other police departments he had sent applications to. When he was offered the job, he decided to leave college.

"Sign language gave me the extra edge and got me there just a little bit earlier," he said.

O'Loughlin added that police agencies around Massachusetts have called his department inquiring how the officers were recruited.

The chief said at least two signing officers are on duty daily between 7:30 a.m. and 11:30 p.m. If any police officer or MBTA employee needs to communicate with a deaf person, one of these officers is dispatched.

Weakness cited

Warren Hanna, director of Hard of Hearing Advocates in Framingham, Mass., pointed out that the program is not designed to help people who lost their hearing as adults and who do not know sign language, he said.

But O'Loughlin said that was another issue.

"You don't forego or not address [a communications difficulty] simply because there's another. If that were the case, then we wouldn't have officers that could speak Chinese," he said.

Beckford lauded the MBTA's initiative.

"Having officers who can communicate directly with deaf community members would be a tremendous benefit," she said. "I'm sure the deaf community will appreciate that system. It sounds like a very good one."

By Robert Wang, an APBnews.com staff writer.

NORTH CAROLINA HEALTH DEPARTMENT WARNS RUBELLA IS ON THE RISE

German Measles extremely dangerous for pregnant women

Raleigh, NC (SafetyAlerts) - With the number of confirmed rubella cases rising to 43 this week, NC State Health Director Dennis McBride has asked residents and visitors to be extra diligent in determining their immunization status and to obtain a Rubella shot if they are not certain whether they have ever been vaccinated.

"It is important for everyone, particularly women of childbearing age, to know whether they have been vaccinated against rubella," Dr. McBride said. "Anyone who is not sure whether they have ever been vaccinated - especially if they have come here from another country - should go to their local health department for a shot as soon as possible."

To date, 43 cases of rubella have been confirmed in 13 counties: Durham, Forsyth, Guilford, Henderson, Iredell, Jackson, Mecklenburg, Orange, Randolph, Stanly, Union, Wake and Yadkin. While this number is not statistically alarming, North Carolina's growing status as a cultural crossroads represents an increasing possibility that there are newcomers and visitors here who have never been vaccinated.

"Because there are so many people coming here from so many different places, we must remain ever vigilant in our efforts to raise awareness and reach those who have not been vaccinated," Dr. McBride said. "Women of childbearing age need to be vaccinated because the disease is especially harmful to a developing fetus. But it is important that men and children should be vaccinated as well, because they can pass it on to women who have not been vaccinated."

Rubella is not the common (red) measles. Rubella - also known as German Measles - is an illness caused by a virus. It is highly contagious and very dangerous for pregnant women because it can cause severe damage to the unborn baby. If a pregnant woman contracts rubella her child can be born with congenital malformations such as mental retardation, deafness, sight deficiencies or heart defects. Anyone who has not been vaccinated against rubella can get sick from the virus.

The symptoms of rubella include slight fever, skin rash, joint pain, swollen glands, red eyes and runny nose. Anyone who has these symptoms should call their local health department immediately and should stay home to avoid transmitting the disease to others. Local health departments are now offering the vaccine at no cost. But it is important to note that up to half of the people with the infection do not show any symptoms at all, but can still pass the disease to others.

Rubella Background Information

This is the fifth year in a row that rubella outbreaks have been reported in North Carolina. The numbers of reported cases (by year of onset) were: 87 cases in 1996, 60 in 1997, 15 in 1998, and 37 in 1999. Most cases in the past years have occurred during April and the following summer months. Therefore, it is expected that we are currently at the beginning of this year's outbreak and that more cases may be reported. Rubella was brought under control in the United States with the systematic vaccination of children after a vaccine became available in 1969. Additional strategies are specially targeted at preventing rubella congenital syndrome, which can result in death of the fetus or congenital malformations in newborn children. These strategies include testing all pregnant women who do not have a documented history of vaccination with a blood test for evidence of protective antibodies and vaccinating those lacking this protection immediately after delivery of a child, to protect future pregnancies. (The vaccine cannot be used during pregnancy.)

Rubella in the United States is a disease that is mostly under control due to the practice of systematic, ongoing application of preventive measures applied to the general population. When sufficient levels of vaccinations are reached in the population, the number of protected persons is enough to break the chain of transmission of the disease when a case is brought into the community.

However, there are sometimes specific groups in the community where this general level of protection is not found, because of having not been reached by such a prevention program. In North Carolina, we have witnessed this phenomenon in the past few years, with repeated outbreaks of rubella affecting mostly the recently established Hispanic community. Many were born in places where the vaccination program did not include rubella vaccine.

Rubella is a disease that is often mild in nature. For example, the typical rash is absent in up to half of the cases. Reported cases are therefore not revealing the whole picture. Another difficulty may result from unrelated chains of transmission starting when new cases are arriving from outside the community. This may be the explanation for clusters of cases appearing at locations distant from an outbreak when no link is found with prior cases, or when so much time has elapsed between cases that a succession of undiagnosed cases is a less likely explanation.

The nature of control efforts deployed in response to an outbreak is adapted to the specific circumstances. Most cases in the recent and current outbreaks of rubella in North Carolina are among Hispanics and therefore this is where the response is concentrated. Because this is the fifth consecutive year that outbreaks have occurred, special measures like outreach immunization campaigns have been applied recently across the state. In some places, it may be more productive to try and find ways to reach in priority those who arrived recently from out of state or from out of the country.

PEOPLE WITH DISABILITIES ISOLATED FROM COMMUNITY LIFE- BUT INTERNET A TOOL TO CLOSE THE GAP, NEW HARRIS SURVEY FINDS

Survey Results Released at U.S. Capitol Today

WASHINGTON, D.C., May 18, 2000-A Harris Poll online survey released at the U.S. Capitol today confirms that people with disabilities trail other Americans in their participation in the lives of their communities-but finds the Internet is playing an increasingly important role in reducing this gap. The survey was conducted by Harris for the National Organization on Disability (N.O.D.) and sponsored by Aetna U.S. Healthcare.

"Online opportunities are expanding the horizons of people with disabilities," Harris Poll Chairman Humphrey Taylor told the hundreds of disability advocates, leaders of national organizations, and more than 20 members of Congress attending the event. "The Internet appears to be a powerful counterweight to social isolation." Forty-eight percent of people with disabilities say the Internet has significantly improved their quality of life, compared to 27 percent of those without disabilitities. Computer users with disabilities reported spending nearly twice as many hours online and using e-mail as others did.

Overall the study found that people with disabilities are almost twice as likely to say they are isolated from others when compared to people without disabilities. Today's Capitol Hill event, hosted by Senator Max Cleland (D-GA), saluted the National Organization on Disability's National Partners for their outstanding work to remedy the social isolation by expanding the community participation of the nation's 54 million people with disabilities. Sen. Cleland, who is a triple amputee as a result of Vietnam War injuries, is a Congressional Sponsor of N.O.D., and an outspoken leader on the rights of citizens with disabilities.

N.O.D.'s 36 Partners are a major national network of organizations who, although their primary focus is not disability issues, share N.O.D.'s commitment to reducing the gaps between the participation levels of people with and without disabilities. The National Partners recognize their chapters or affiliates with annual cash awards for outstanding work to promote the inclusion of those with disabilities. The program is funded by a grant from Aetna U.S. Healthcare.

"Aetna U.S. Healthcare is proud to join with N.O.D. and its national partners to close the gaps between people with and without disabilities, and to provide support for people with disabilities to lead full and productive lives," said Aetna Chairman William Donaldson.

During the event at the Capitol, N.O.D. also unveiled its new public service announcement. The 30-second spot features Harrison Ford, George Stephanopoulos, Stevie Wonder, Donald Trump, and other celebrities, and conveys N.O.D.'s core message that "It's ability, not disability, that counts." The video will be distributed via satellite to media outlets nationwide this summer.

The latest Harris Poll findings reflect a theme that N.O.D. has dedicated itself to exposing: people with disabilities are less likely than the rest of the population to participate in important life activities such as work, voting and political involvement, education, and socializing.

"This study highlights the challenge facing us and our National Partners-that there are barriers to participation in community life. It behooves us all to remove these barriers. The Internet allows those who are otherwise isolated to become more actively involved, and the information from the survey underscores the opportunity that exists to make a difference by providing computers and Internet access to people with disabilities and disability service organizations. Access will increase the contribution of people with disabilities," said N.O.D. President Alan A. Reich.

For the Harris survey, 535 adults with disabilities (aged 18 and over) and 614 adults without disabilities (aged 18 and over) were interviewed online between March 22 and April 5, 2000. Interviews were conducted using a self-administered, online questionnaire, via proprietary, web-assisted interviewing software. A respondent was included in the sample of adults with disabilities if he or she cited a health problem, disability, or handicap that currently kept him or her from participating fully in work, school, housework, or other activities. The questionnaire examined the extent to which people with disabilities participate in a variety of community activities, and what barriers they perceive to their increased participation.

The National Organization on Disability was founded in 1982 at the conclusion of the International Year of Disabled Persons. Its mission is to promote the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life. N.O.D. is funded entirely by private donations and accepts no government funding. For more information about N.O.D.'s programs, including the National Partnership Program, visit www.nod.org.

INVESTIGATION ON UPS AND KAISER MEDICAL BY DISABILITY ADVOCATES

I am a staff attorney at Disability Rights Advocates and I wanted to let you know about a lawsuit that we filed last year against UPS for discriminating against deaf and hard of hearing employees. The lawsuit challenges UPS' failure to provide interpreters at interviews, trainings, and staff and safety meetings, as well as UPS' failure to otherwise ensure that there is effective communication with deaf workers. The lawsuit also challenges UPS' failure to install flashing emergency lights and TTYs, as well as the failure to promote deaf and hard of hearing workers beyond part-time and entry level positions.

I would appreciate it if you could forward this message to as many people as possible. We are interested in collecting stories from people who have experienced any of these problems with UPS. I am the primary contact person on the case, and my contact information is listed below. Thank you very much.

Alison Aubry
Staff Attorney
Disability Rights Advocates
449 15th Street, Suite 303
Oakland, CA 94612
(510) 451-8644
(510) 451-8511 (fax)
(510) 451-8716 (TTY)
[email protected] (email)

ALSO....

Disability Rights Advocates is investigating complaints about the inaccessibility of Kaiser medical facilities in the San Francisco Bay Area. Specifically, we have received complaints about inaccessible restrooms, counters and ramps, lack of accessible parking, and lack of accessible examination tables and medical equipment such as scales and mammography machines. If you have experienced any of these barriers, or have encountered other physical access problems at a Bay Area Kaiser facility, please contact either Alison Aubry or Robin Goldfaden at (510) 451-8644 (voice) or (510) 451-8716 (TTY). Ms. Aubry can be reached by email at mailto:[email protected] and Ms. Goldfaden can be reached at mailto:[email protected] .

PRESIDENTIAL RACE POLL FINDS EARLY GORE LEAD IN DISABILITY COMMUNITY

WASHINGTON, April 28 /U.S. Newswire/ -- Half a year before the 2000 Presidential election, Vice President Al Gore has a double-digit lead over Texas Governor George W. Bush among voters with disabilities, according to recent Harris Poll data released by the National Organization on Disability.

In a Harris Poll conducted between April 7 and 10, Gore leads Bush by 17 percentage points among registered voters with disabilities. The same poll found Bush leading Gore by two percentage points among all registered voters. This very close race emphasizes the importance that any voting segment could have in November's general election.

In its regular national surveys, the Harris Poll includes questions that identify people with disabilities. These surveys consistently have shown a substantial difference in the way voters with disabilities vote as compared to all voters. This "disability gap" can vary in different elections and can change during a campaign.

The National Organization on Disability (N.O.D.), with the Harris Poll, has been measuring and reporting on the participation of people with disabilities in voting as well as other aspects of life for more than a decade. In 1988, the shift in the disability vote was a significant factor in George Bush's victory. Harris Poll data showed that as Republican nominee Bush was overtaking Democratic nominee Michael Dukakis to win that November's election, he particularly gained ground among voters with disabilities. The disability gap in favor of Dukakis fell from 21 points before the Republican convention to 15 points in early September and to 10 points by election day. In the 1996 pre-election polls, a wide disability gap favored President Clinton.

N.O.D. will report regularly on the voting preferences of people with disabilities during the current campaign.

People with Disabilities are Nation's Largest Majority, Powerful Voting Force

The National Organization on Disability is also working to get out the vote among the 34 million Americans with disabilities who are of voting age. N.O.D. recently launched the non-partisan Vote 2000! Campaign, which seeks to add 700,000 voters from the disability population in this November's election. The national Campaign's objectives include increasing voter registration, making polling places accessible and leading a get-out-the-vote drive. "People with disabilities want to participate in the democratic process and exercise their right to vote," said Alan A. Reich, president of N.O.D. Details of the Vote 2000! Campaign can be found on N.O.D.'s website, http://www.nod.org.

In releasing the latest Harris data, Reich stated: "We urge candidates for all national, state and local offices to address issues of importance to citizens with disabilities. We are the nation's largest minority, comprising a fifth of the population. Candidates who ignore us do so at their peril."

The National Organization on Disability was founded in 1982 at the conclusion of the International Year of Disabled Persons. Its mission is to promote the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life. N.O.D. is funded entirely by private donations and accepts no government funding. For more information about N.O.D.'s programs, including Vote 2000!, visit http://www.nod.org.

/U.S. Newswire 202-347-2770/
04/28 10:58
c Copyright 2000, U.S. Newswire

WORKING IT OUT

Employers are reaching out for disabled workers to fill positions in tight labor market

By Diane E. Lewis, Globe Staff, 4/30/2000

When the manager of the Sears store in Braintree realized that a new employee would not be able to walk to a stock room on another floor because of her disability, he built a stock room next to her work area.

''Basically, we are trying to accommodate people with disabilities by redesigning certain aspects of the job to fit their needs,'' said Charles Ferreira, store manager. ''Hiring the disabled has been an ongoing program for us, but now it's becoming a way to hire more people in a tough labor market.''

With competition for workers at a record high, employers are turning to people with disabilities to fill mainstream entry-level jobs as well as positions requiring top skills.

The Bureau of National Affairs Inc., a research information group and think tank in Washington, D.C., reports that nearly 40 percent of US employers have had trouble finding professional and technical workers, 11/2 times higher than it was two years ago.

As a result, more employers are reaching out to workers they might not have considered in the past. ''Companies are more willing to hire people with disabilities now than they have ever been in the past, but there are not enough applicants to meet the demand,'' said Hank Cheney, president of Work Inc., a Quincy vocational training, placement, and advocacy organization.

The nonprofit agency serves about 1,000 disabled clients daily. Of those, 600 are in training and employment programs. The remainder work at private companies or have been placed in residential programs and are not employed.

Five years ago, Work Inc. placed approximately 50 to 80 people in entry-level jobs per year. This year, it expects to place 200.

''Getting someone who is able to work, helping them to find a job, and knowing that they will be able to keep it is really our goal,'' Cheney said. ''Our best are always leaving us, which is what we want to see. As they become skilled, they move on. The goal is to always keep people moving forward.''

Charles A. Riley II, editor in chief of New York-based WE Magazine (WeMagazine.com) for people with disabilities, had difficulty finding companies to interview when he published his first list of the best employers to work for.

''I had to go out and find them,'' he said. ''Now those companies come to us. So things have changed tremendously. These workers are the great undiscovered element in the diversity debate. In the past, diversity was primarily about cultural, gender, and racial issues. Now the new kids on the block are people with disabilities.''

Riley credits two factors with driving the current push for inclusion: the low unemployment rate and the recent passage of The Work Incentives Improvement Act, viewed by workplace activists as the first bill to address the many employment concerns of disabled Americans. It is also the most far-reaching legislation for the disabled since the passage of the Americans with Disabilities Act a decade ago.

The measure, signed into law by President Clinton in December, awards states $150 million over five years to develop programs that offer support for disabled residents who want to work. Even more important, the bill permits workers with disabilities to keep their Medicaid and Medicare benefits while they are employed.

In the past, once a disabled person was accepted into the Social Security Disability or Supplemental Security Income Program, he became eligible for Medicare or Medicaid but could earn no more than $700 per month. If he or she earned more, financial support from the government was cut off. This law allows workers to continue receiving federal support even though they are working full time. And it allows them to choose between state-supported vocational rehabilitation and private programs that can link them to jobs.

Even so, it is still too early to tell the true impact of the measure, say experts, who are predicting the law and the labor shortage eventually will open the flood gates, ushering in a new era for people with disabilities.

Although the US unemployment rate is now 4.1 percent, the lowest in 30 years, the unemployment rate among the nation's 54 million disabled residents of working age is now 71 percent, reports the National Organization on Disability in Washington, D.C.

In choosing the top 10 firms for disabled employees to work for, Riley focused on companies that have set out to diversify all aspects of employment, particularly their professional ranks.

This year, the list included: Microsoft Corp., Johnson & Johnson, IBM, Caterpillar, Charles Schwab, Ford Motor Corp., and Booz-Allen & Hamilton Inc.

''The old style of employing people with disabilities was to essentially create a whole bunch of menial jobs,'' said Riley. ''But we wanted to recognize companies that have hired people for white-collar jobs.''

The company chose Microsoft to head the list after it joined with the National Business and Disability Council to create a coalition of 23 firms that have pledged to hire disabled professionals.

Todd Kates, executive director of United Cerebral Palsy of Metro-Boston in Watertown, which serves 100 people a day in both day treatment and residential programs, says employers are also developing alliances with organizations that train the physically or mentally ill.

''There are now situations where employers are developing relationships with agencies like ours and other organizations to make sure people are trained to do certain jobs,'' said Kates. ''Lesley College has a program that trains students with learning disabilities for positions in the human service sector. Supermarkets are hiring and so are retail stores like The Gap.''

Three years ago, Allan Feldman, 54, of Randolph, was hired by Sears in Braintree to work in receiving. Feldman, who is developmentally disabled, earns $7 per hour sorting fashion shipments. He typically works a three- to four-day week, working between 25 and 40 hours.

He is among 15 workers with disabilities at that Sears store, which has 260 people on its employment rolls. ''I like my job,'' he said last week. ''I like the people and the work.''

And, by all accounts, the company likes him. While some workers might be inclined to take a day off now and then, Feldman is rarely absent, is always on time, and has become an indispensible member of the stock room staff.

''When we hired Allan, we needed someone in receiving to help sort fashion shipments but were having difficulty trying to find someone,'' said Ferreira, the store manager. ''Everyone was fully employed, and people seemed to want other things to do.

''He is honest, hard-working and extremely dependable,'' said Ferreira, who hired Feldman after receiving a referral from Work Inc. ''Other people may say, `Well, it's a nice day. I'll call in sick.' That doesn't happen with these people. They're there. They truly appreciate the fact that they have a job.''

Feldman was the first applicant from Work Inc. to be hired by Sears. The company now has six employees who were trained and placed by the nonprofit agency, and it expects to hire more.

Still, Ferreira acknowledged last week that it wasn't an easy transition. ''Initially, some of our managers and supervisors did not have the level of patience to work with people who were not moving as fast they would like,'' he said. ''In a retail environment, everything is done with a sense of urgency because merchandise needs to get to the floor quickly.''

He solved the problem by going to each job site with a Work Inc. job coach to see first-hand how managers were interacting with disabled employees and advising them personally on how to develop a satisfactory relationship with the new hires.

Today job coaches from the agency work alongside the people they place until they feel comfortable performing certain duties. In some cases, the coach may recommend work in another department or at a different company if the job isn't suitable.

Diane E. Lewis is a member of the Globe Staff. She can be reached at 617-929-2069, by e-mail at [email protected], or at The Boston Globe, P.O. Box 2378, Boston, MA 02107-2378.

This story ran on page F08 of the Boston Globe on 4/30/2000. ï¿½ Copyright 2000 Globe Newspaper Company.

REMOVING THE SOUNDS OF SILENCE -- INSURANCE COVERS HEARING AIDS FOR DOGS & CATS ... NOT PEOPLE

ANAHEIM, Calif., May 1 /PRNewswire/ -- Hearing-impaired since birth, Robin Itzler realized in her late twenties she would need hearing aids to continue in the hearing world. Considered "functionally deaf," her powerful behind-the-ear (BTE) aids allow her to make the situation a non-issue most of the time. In fact, she is the director of communications for Veterinary Pet Insurance, the nation's number-one pet medical insurance company.

Depending on use, hearing aids need to be replaced every 5 years. The new BTE aids Robin plans to purchase this summer will cost approximately $2,500 each and like thousands of other hearing aid wearers, she will have to pay the entire $5,000 herself.

On the other hand, if any of Robin's three dogs need hearing aids, they will be covered under their Veterinary Pet Insurance medical plan. The Advantage Plus and Gold Plans not only cover the cost of the hearing aids, but also testing and fitting. Most human medical plans do not cover the hearing test, let alone the aids, even though without them the majority of wearers would be unable to function in society.

While an animal's sense of sight and smell certainly compensate for their hearing loss, the in-the-ear (ITE) aids allow dogs and cats to hear familiar sounds such as their owners' voice or pending danger. For some animals, the aids may enable them to live longer lives since they are no longer depressed about the sudden change in their environment.

Veterinary Pet Insurance has been enriching the lives of dogs and cats since 1982 when its first policy was issued. Since that time, it has sold more than 1 million policies. As the nation's oldest and largest pet medical insurance company, Veterinary Pet Insurance is constantly looking at new ways to continue providing pet owners with financial assistance in times of illness or accident.

"The purpose of a Veterinary Pet Insurance policy is to assist with all facets of the animals' well-being," said Jack Stephens, DVM, president and founder, Veterinary Pet Insurance. "If a veterinarian believes that hearing aids will assist the dog or cat we want to help the pet owner with the expense."

Last year, Nancy Hampel, DVM, noticed her 15-year old Boston Terrier, Peter, was experiencing sensory depreciation and it was becoming difficult to communicate with him. "He startled easily when I called him," Hampel explained. She and her husband, Rich Johnson, DVM, had a professional hearing test performed on Peter.

"Peter was tested and since he still had some hearing, an aid was purchased for him," continues Hampel. Using the same technology designed for humans, an ear impression was made to create the mold followed by the purchase of a human in-the-ear aid. The aid allows Peter to hear sound at 40 decibels compared to 90 decibels without the aid. "The hearing aid means Peter can do the things he always enjoyed rather than be handicapped by the growing silence. My dog is getting old but there's no reason he can't live life to the fullest."

May 6 is National Day of Hearing Test. People and their pets should be tested to make sure they're able to hear at their optimal levels. The Baer Test is offered at many leading veterinary universities, such as Texas A&M University's College of Veterinary Medicine, as well as specialized veterinary hospitals. Hearing aids for dogs and cats are another example of how today's technological advances in veterinary medicine are allowing pets to live longer, more rewarding lives.

"Being an optimist, I don't dwell too much on the what ifs of life," Itzler says, "but I sure wish human medical plans were as good to hearing-impaired people as Veterinary Pet Insurance is to dogs and cats."

About Veterinary Pet Insurance

Founded in 1980 by Dr. Jack Stephens with the support of 750 independent veterinarians, Veterinary Pet Insurance is the nation's number-one licensed medical insurance plan for dogs and cats available in all 50 states and the District of Columbia. Standard policies cover more than 6,400 medical conditions for accidents and illnesses; preventive and routine-care options also are available. To date, more than 1 million policies have been sold and are exclusively endorsed by the American Humane Association. In California, Veterinary Pet Insurance policies are underwritten by Veterinary Pet Insurance Co. Elsewhere, policies are underwritten by National Casualty Co., an A+15 rated company.

SOURCE Veterinary Pet Insurance

HOUSE APPROVES SPECIAL EDUCATION INCREASES (UNITED STATES)

by Dave Reynolds, Inclusion Daily Express

May 4, 2000

Washington, DC -- Showing overwhelming support of the Individuals With Disabilities Education Act (IDEA), the House of Representatives yesterday voted to approve adding $2 billion in special education funding for each of the next 10 years. The plan would boost the $5 billion allotted to schools this fiscal year to $25 billion for fiscal year 2010, which would provide about 40 percent of the extra costs associated with special education. The measure would still require budget approval in each of those years.

The bill was passed by a 421-3 vote indicating strong bipartisan support. Republicans and Democrats agree that increased federal financial support for special education would free states and local school districts to fund other education needs, such as hiring more teachers, reducing class sizes and constructing new buildings.

The legislation now goes to the Senate.

FORTUNE 500 COMPANY REFUSES TO PROMOTE DEAF WORKERS

I am litigating an ADA Title I suit against a Fortune 500 company that refuses to promote deaf workers out of entry level jobs into supervisory positions. The defendant is arguing that the plaintiff is not qualified for promotion to supervisory or managerial positions because "effective communication" is required for supervisory work and the ADA does not require a full time ASL interpreter. (Defendant ignores the various alternative possibilities for effective communication that might not include a full time interpreter.) Defendant argues that a full time interpreter would constitute a "shadow employee" which the ADA does not require.

If anyone has cases or examples of situations where deaf employees have been qualified for promotion from entry level to supervisory or managerial positions, it would help us in countering defendant's arguments.

Thanks for any help you can provide.

Larry Paradis, Executive Director, Disability Rights Advocates

Larry Paradis can be reached at [email protected]

ORANGE COUNTY DEAF ADVOCACY CENTER GOES TO THE ORANGE COUNTY FAIR THIS YEAR!

(Santa Ana) /May 8/ We at Orange County Deaf Advocacy Center are pleased and excited at our opportunity to show a powerful presence in Orange County this coming Orange County Fair that starts on July 14.

Our booth will be at the Orange County Building for the first 9 days of the fair from July 14 through July 23 this year! Our booth could be extended another 7 days to the end of the fair if there is space allowed for us and that's decided in the last minute by the Orange County Building management.
Our booth will be an improved variation of these photos which was taken at the Health Fair in San Diego last year. The photos are found at:

Http://www.deafadvocacy.com/ts01.jpg
Http://www.deafadvocacy.com/ts02.jpg
Http://www.deafadvocacy.com/ts03.jpg

This event is going to be one of the best moments in the history of our organization! We hope you will participate.

LETS SPICE IT UP FOR THE DEAF COMMUNITY IN ORANGE COUNTY!

Orange County Deaf Advocacy Center

THE N.D.P.

A NATIONAL DISABILITY PARTY FOR YOU

At this very moment, new ground is being broken by some very forward-looking members of the disABILITY COMMUNITY.

A strongly committed nucleus of well known disability rights advocates have recently come together to begin the formative process of a National Disability Party.

Committed to furthering the qualitty of life of disabled people accross the land, the NDP takes as it's charge,health care,social security,employment,disability rights, accessability,political candidates,and governmental disability departments,to mention only a few,and this is where every one is critical to it's formation and success.

These are beginning ideals only, and need your input to be truly representative.This is going to be your party,but only if you actively participate.

Join now by going to [email protected]. Subscribe to the formative Disability Party list which will enroll you in the party.You will start receiving regular email to which you can respond with your valuable input.

Soon we will have our own website and bulletin board.For now,use the address above and join us at the ground floor of this historic event.

"Get into Politics as if your life depended upon it........because IT DOES! Don't just sit on the sidelines and criticize." Justin Dart

Dr David Koffman
Acting President,NDP

SAN FRANCISCO / OAKLAND TORCH RELAY AND ADA ANNIVERSARY CELEBRATION

Spirit of ADA National Torch Relay in Oakland and San Francisco, celebrating the 10th Anniversary of the Americans with Disabilities Act (ADA). 10:30 Torch Rally Kick-Off at Willie Mays Plaza, PacBell Park S.F. includes entertainment; invited speakers include Mayor Willie Brown and Governor Gray Davis, more. 11:30 Torch Crosses the Bay with the Bay Area Association of Disabled Sailors. Festival and Celebration 12-5, Jack London Square, Oakland, including food, booths, entertainment, sports demos; invited speakers include Mayors Jerry Brown and Shirley Dean and Congress member George Miller, Judy Heumann, Mary Lou Breslin, mural-making and much, much more. For additional information, to volunteer, rent a booth, or carry the torch, call 510-251-4370 or TTY 510-208-9493 or www.ada2k.org.

PAINT-A-THON VOLUNTEERS NEEDED TO PAINT HOMES FOR SENIOR CITIZENS AND PHYSICALLY DISABLED ADULTS IN MINNESOTA AREA

Paint-A-Thon is a metro-wide volunteer effort to paint the homes of low-income senior citizens and disabled adults throughout the seven-county area. Exterior house painting is costly for those living on fixed incomes and often impossible for people with limited physical capabilities. Through Paint-A-Thon you can assist people who wish to continue living independently and also help to spruce up a neighborhood.

If you are part of a religious community, business, or civic group and would like to share a great volunteer experience with your peers, contact the Paint-A-Thon office at 612-721-8687 x303. A Paint-A-Thon assignment involves a minimal time commitment and rewards participants with immediate, measurable results. Recruit your friends and co-workers to paint a house in the neighborhood where you live and work.

2000 Paint-A-Thon Timeline
June 12 Team Registrations due
June 28 Team Leader Meeting
August 5-6 Paint Weekend

Contact Paint-A-Thon at 612-721-8687 x303 or [email protected] for more information.

CAMPAIGN TO SAVE THE ADA

The Supreme Court has decided to hear another disability discrimination case -- Garrett v. University of Alabama -- that calls into question the constitutionality of the ADA. Oral argument most likely will occur in October, and the Court should issue its decision in early 2001.

Garrett is actually two consolidated employment discrimination cases filed against the state of Alabama -- one involving a woman with breast cancer, the other involving a man with severe asthma. At issue in the Supreme Court case is whether Congress had the constitutional authority under the Fourteenth Amendment to enact the ADA. If the Supreme Court says Congress did not, individuals may no longer be able to enforce Titles I and II of the ADA against the states. More importantly, a negative ruling could call into question altogether the constitutionality of Title II of the ADA, as well as other disability rights statutes.

Garrett is the latest in a series of cases in which states have challenged Congress' power to enact legislation regulating state conduct. Most recently, the Supreme Court held in Kimel v. Florida Board of Regents that Congress did not have the authority to apply the Age Discrimination in Employment Act (ADEA) to the states. The Court found that the substantive requirements of the ADEA are "disproportionate to any unconstitutional conduct that conceivably could be targeted by the Act" and that extension of the ADEA to the states was an "unwarranted response to a perhaps inconsequential problem." In Garrett, states will be urging the Supreme Court to reach the same conclusion about the ADA.

What does this mean for people with disabilities? It means that, as early as January, 2001, individuals may no longer be able to sue state entities for violations of the ADA. Depending on the scope of the Supreme Court's ruling:

-- States may no longer have to comply with the ADA's integration mandate. People who are unnecessarily institutionalized in state hospitals, nursing homes, and other state institutions may no longer have recourse under the ADA.

-- States may no longer have to make their buildings and services accessible. State capitols, state courts, and state universities, among others, may no longer have to have wheelchair ramps, provide interpreter services, or provide written materials in accessible formats.

-- State employers may no longer have to comply with the ADA's mandate against employment discrimination. State employers may be able to refuse to hire and/or fire people with disabilities at will, and may no longer have to provide employees with disabilities reasonable accommodations in the workplace.

While Garrett only addresses the applicability of the ADA to the states, a bad decision could lead to the Court striking down parts of the ADA altogether in subsequent cases.

People with disabilities worked too long and too hard to enact the ADA, only to see it succumb to a "states' rights" argument. As they did in Olmstead v. L.C., and as they started to do in Alsbrook and Dickson, disability rights advocates can make a difference. Some states will undoubtedly be filing a brief with the Supreme Court, urging the Court to find that the ADA does not apply to them. Others, lead by the state of Minnesota, will be filing a brief in support of the ADA. Here's what you can do to help make sure your state takes the right position:

-- Educate disability rights advocates in your state that the threat to the ADA is real and the time to act is now. The states' rights brief in Garrett is due in early June; briefs supporting the ADA are due in early July.

-- Work in coalition with other disability rights advocates in your state. Coalitions formed around Olmstead v. L.C. and Alsbrook and Dickson are a great place to start.

-- Determine the best way to approach your state. Depending on the politics in your state, consider approaching your governor, attorney general, state legislators, mental health and developmental disability directors, and other state officials with whom you have relationships, including civil rights enforcement attorneys in the state attorney general's office.

-- Ask your state to sign on to a brief supporting the constitutionality of the ADA. Explain how important the ADA is to you, how the law has had a direct impact on your life, and how dismayed you are by the thought that your state would take the position that it should not have to comply with the law's requirements.

-- If your state will not sign on to a brief supporting the ADA, ask your state officials to at least stay neutral on the issue and not sign on to the "state's rights" brief. It will send a powerful message to the Court if only a handful of states argue that the ADA should not apply to them.

-- Do not be dissuaded by the fact that your state already may have challenged the constitutionality of the ADA in pending litigation. Governors and other state officials may be unaware and unsupportive of the litigation positions previously taken by their state attorney generals, and may be able to influence the position taken by your state in Garrett.

-- Take advantage of any promises made during your advocacy around L.C. v. Olmstead. In many discussions around Olmstead, advocates were assured that they would be consulted in the future concerning similar matters. Make use of those commitments now.

--- Secure a commitment from your state to continue meeting and working on disability rights issues. Even if your state signs on to a brief opposing the constitutionality of the ADA, all is not lost. Your state may feel compelled to sign on to a brief because of larger "state's rights" issues. If that happens, try to secure a commitment from your governor and attorney general that they will continue to meet and work with you on issues affecting the rights of people with disabilities in your state.

CALIFORNIA'S OWN ADA WEAKENING BILL SHOT DOWN!

California Assemblyman Baldwin's bill to require advance notification of disabled access violations to responsible parties has gone down to an inglorious defeat in the Judiciary Committe on May 9, 2000. The vote for was 5 for and 10 against the bill.

This is the bill that was similar to US Congressmen Foley and Shaw's proposed amendment to the ADA (HR 3590).

The roll call can be found at :

http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2189_vote_20000509_00 0002_asm_comm.html

and the Legislative Analysis at:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2189_cfa_20000508_112 930_asm_comm.html

SUMMER SIGN LANGUAGE INSTITUTE

COMMUNITY INTERPRETING AND COMMUNICATING IN AMERICAN SIGN LANGUAGE

JULY 16-21,2000

SPONSORED BY WILSON TECHNICAL COMMUNITY COLLEGE, CO-SPONSORED BY THE EASTERN NORTH CAROLINA SCHOOL FOR THE DEAF WILSON, NORTH CAROLINA

The Summer Sign Language Institute offers three levels for those wishing to enhance their skills and gain knowledge of sign language interpreting and communication. Each class is 50 hours of intensive training, awarding each participant 5.0 CEU's. All lectures and activities will be presented in American Sign Language. You must be able to communicate in sign language to enroll.

Section A:

Instructor: Anna Witter-Merithew

This is a week long, fifty hour training program for working interpreters with and emphasis on working in the educational setting and who desire to increase their foundation skills related to the interpreting process. A variety of videotaped texts taken from community settings and actual K-12 classrooms will be analyzed to determine semantic intent and discourse style and function.This training is geared specifically for community and educational interpreters working in the K-12 public school setting.

Section B:

Instructor: Sharon Clark
Communicating in ASL: A Total Immersion Experience for the Experienced Signer

This course is designed specifically for persons who have been signing for three to five years or more, but who have used a primarily English-based manner of singing and want to develop competence and fluency in ASL. The class will be conducted in ASL only, so participants need to have adequate signing fluency to participate. Activities will focus on enhancing the use of ASL for narrative discourse, sentence types in ASL, use of classifiers to effectively describe objects people and places and the dynamic use of space to create visual messages. Vocabulary development activities will focus on multiple meaning English terms and the way conceptual accuracy is determined in ASL.

Section C:
Communicating in ASL: A Total Immersion Experience for the Novice Signer

Instructor: Donna McCord-Smolik
This 50 hour training program is for individuals who desire to improve fluency in ASL. The course is designed for persons who have beginning level signing skills (such as would be achieved after completion of Sign I,II, and IIi course work), at least one year of signing experience and who want ot improve their ability to use ASL in a natural and fluent manner. The focus will be on communication skills only(not interpreting skills) Activities will focus on enhancing the use of ASL to tell stories, create visual narratives, use classifiers effectively to describe nouns and various features of nouns, and the dynamic use of space to create visual messages.

These are not beginner courses.

Instruction provided by:
Advancement Seminars of Charlotte, NC
Accommodations in nearby hotels, motels,etc.(contact Alex Proctor for more information)

Cost: $60.00

PRE-REGISTRATION INFORMATION: Pre-Registration is required. For copies of forms contact:

Alex Proctor- Continuing Education
Wilson Technical Community College
Post Office Box 4305
Wilson, NC 27893
or for questions: call 252-246-1340, or email:
[email protected]

MICASA NEEDS YOUR SUPPORT

On November 16, 1999 Senators Harkin and Specter introduced S. 1935, the Medicaid Community Attendant Services and Supports Act (MiCASSA). On May 3, 2000 Senators Harkin and Specter held a press event in Washington, DC which was hooked up to over 50 cities. The next step is to have hearings in the Senate Appropriations Committee.

Please call, write, fax or e-mail Senators Harkin and Specter and tell them you would like to see hearings in the Senate Appropriations Committee on MiCASSA on Wednesday, June 21st. Over 500 disability activists will be in DC that week to show their support for MiCASSA and long term care reform. Your support is needed to focus the need for long term care reform on more than long term care insurance and tax credits.

ADAPT, [email protected]

SPIRIT OF ADA, GUIDE TO DISABILITY RIGHTS LAWS

For LARGE bulk orders of the REVISED "Guide to Disability Rights Laws," you should contact Dana Jackson, technical assistance specialist, at [email protected] or send him a fax at 202-514-0404. SMALL orders or individual copies can be requested through the ADA Information Line (800-514-0301 (voice) or 800-514-0383 (tty). Include your complete address in the request.

NATIONAL COUNCIL ON DISABILITY SAYS IMPORTANT DISABILITY POLICY ISSUES REMAIN UNSOLVED

WASHINGTON--The National Council on Disability (NCD) has found that despite the enactment of laws and federal government regulations designed to enable individuals to engage more fully in our nation's economy, far too many individuals with disabilities continue to face daunting life obstacles. While the national unemployment rate is the lowest it has been for over a quarter of a century, that rate remains above 70 percent for people with disabilities. In addition, a majority of the nation's six million students with disabilities are not receiving special education and related services in regular education environments. NCD's findings are contained in its report: National Disability Policy: A Progress Report.

"NCD believes that Americans with disabilities have witnessed incremental expansion of self-sufficiency and inclusion this past year," said NCD chairperson Marca Bristo. "However, far too much of our time is spent in sustaining the bedrock civil and human rights protections of the past 30 years against attempts to weaken laws such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act that are indeed civil rights laws."

NCD noted that the change in responsibility for the development of disability-related policy and program implementation, from the Federal Government to state governments, adds complexities to policy for people with disabilities, who rely on access to programs such as Social Security benefits, vocational rehabilitation, Medicaid, Medicare, special education, and employment.

NCD concludes that:

Solid leadership and commitment by enforcement agencies, as well as adequate investment to enforce our civil rights laws, are needed to help make sure that protections in law are protections in fact; and

A strong Patients' Bill of Rights must be enacted to allow people with disabilities to have a real choice about where they receive certain types of Medicaid long-term services and supports.

In this election year, in which Americans will vote for representatives and leaders at all levels of government, NCD encourages candidates for office to establish their agendas to facilitate inclusion of individuals with disabilities, with policies supporting the bipartisan principles of independent living, economic self-sufficiency and civil rights protections in law that are protections in fact.

NCD is an independent federal agency representing all people with disabilities, regardless of severity, from all cultural backgrounds. NCD makes recommendations to the President and Congress on disability policy. For more information, contact Mark S. Quigley at 202-272-2008 or visit NCD's award-winning Web site (http://www.ncd.gov).

NOTICE TO DEAF AND HARD OF HEARING STUDENTS/TEACHERS/FAMILIES...

If there is one thing that will excite practically all students/families it is the idea of being able to go to the movies, regardless of linguistic/cultural philosophy.

So Creative Access thinks this could be a quite positive way to get kids involved, and writing/thinking/drawing/creating. If you'll consider passing this on to all teachers and families, that would be great. Please let US know what you think.

PRIZE FOR THE MOST BEAUTIFUL/CREATIVE POSTER!
Students K-12
A call to schools...teachers...administrators...

As you know, the Protest/Rally for Captioned American movies in neighborhood theater chains is called for June 3. This is one area believe unites all children/families with hearing loss...regardless of educational/lcultural philosophical differences. Therefore, we are asking that teachers/art-teachers have their students make POSTERS. Please reply ifinterested and able to to so. Thank you. Here are some of the slogans suggested, but please, please feel free to have the students make up their own, especially including the name of their favorite movie theater. Please keep in mind, this is one area were oral/aural and signing deaf children/families unite.

WE ALL NEED
CAPTIONED MOVIES.

Some ideas for posters are:

1. United Artists...Save One Screen for Captioning!
(Regal, AMC, etccccc " "' " " )
2. I can't go to your movies because I need captioning
My mom and dad are deaf (hard of hearing).
We need captions to go to the movies together!
3. If you took away movies from 'hearing' Americans, there would be a revolution!
4. Captioned Movies on weekends, not early mornings!
Caption all new movies while they are still new
5. Deaf and hard of hearing people want to go to the movies TOO!
6. Movies for deaf and hard of hearing...Same as hearing!
7.Deaf and Hard of Hearing peole love movies and will bring
more $$$ to movie theaters!
8. Going to the movies is MAINSTREAM!
9. I work and want to 'chill' at the movies too!
I NEED captions!
10. Captioned movies mean MORE $$$ for Theaters!
11. Captioned Movies Now!
12. WE'VE WAITED TOO LONG!
Captioned Movies Now!
13. CAPTIONING IS CHEAP...SO WHY NOT PROVIDE IT?
14. My children need captioning!
15. Captioning now for people with hearing loss.
Children and adults!
16. Millions need CAPTIONS!
17. WE WANT TO BE PART OF MAINSTREAM
DON'T LEAVE US OUT!
18. Our family wants to go to the movies together!
CAPTIONING NOW!
19. I want to go to the movies with my deaf and hearing friends
Now...make up your own words!

Carol Finkle, Executive Director
(215) 627-9271 T/V
(215)627-9571 Fax
[email protected]
www.creativeaccess.org

THE SECOND ANNUAL CONFERENCE ON VIDEOCONFERENCE TECHNOLOGY IN DEAF EDUCATION

Gallaudet University, the California School for the Deaf, Riverside, and the Arizona School for the Deaf and Blind are pleased to announce the Second Annual Conference onVideoconference Technology in Deaf Education. The Conference will provide insight on ways to expand and encourage the acquisition and use of videoconferencing equipment at schools and programs for the deaf worldwide. After our first successful conference in June 1999, we continue in our efforts to expand the interest and use of videoconference technology within the deaf community.

Throughout the year several deaf schools and organizations have gone "on-line" with videoconference systems of their own, expanding the potential for programs among the deaf community. Classroom instruction, virtual field trips, interviews with deaf role models, hiring faculty and staff and remote interpreting are just a few of the ways this technology is now being used to bridge many of the traditional barriers faced by educational institutions and advocacy groups across the county and around the world.

The Second Annual Conference on Videoconference Technology in Deaf Education, to be held September 25th and 26th at the Gallaudet University in Washington D.C., will build on past successes by featuring keynote presentations on the current development and growth trends in videoconference technology, as well as programs currently in use relating to deafness. In addition to the keynote addresses, there will be several concurrent sessions discussing varied programmatic uses in K-12 and post-secondary education, business applications, recruitment possibilities and various technical topics. To provide additional information to you about videoconference systems, we have also invited vendors to demonstrate and discuss their products with you.

This conference will present a unique opportunity for technology, administrative and educational staff at schools and programs for the deaf to get together and continue the ever-expanding network in videoconferencing.

If you are interested in attending the Second Annual Conference for Videoconference Technology in Deaf Education, please reply via email at [email protected] or via facsimilie at (202) 651-6206. Thank you for yourcontinued interest in incorporating technology in the fabric of your work to better serve deaf and hard of hearing people.

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEW IMPLEMENTATION DEADLINE FOR TTY ACCESS TO DIGITAL WIRELESS SYSTEMS FOR 911 CALLS

CC Docket No. 94-102

COMMENTS DUE: June 19, 2000
REPLIES DUE: July 19, 2000

The purpose of this Public Notice is to seek comment on a proposed revised deadline for compliance with the Commission's rule requiring transmitting of text telephone (TTY) 911 calls on digital wireless systems, pursuant to 47 C.F.R. ï¿½ 20.18(c). We also seek information on other aspects of the various TTY/digital wireless systems compatibility solutions, including consumer impacts, technical issues, etc. The temporary waivers of the rule previously granted by the Commission will remain in place pending the Commission's establishment of an implementation schedule based on the information received in response to this Public Notice.

I. Background and Current Status

In the E911 First Report and Order, the Commission required that, as of October 1, 1997, all covered wireless carriers must be capable of transmitting 911 calls from individuals with speech or hearing disabilities through means other than mobile radio handsets, e.g., through the use of TTY devices. To date, carriers operating digital wireless systems have not been able to comply with this requirement because digital systems have not been able to accurately pass the Baudot-encoded audio tones produced by TTY devices. Recognizing the technical difficulties associated with transmitting TTY calls on digital wireless systems, the Commission suspended enforcement of the TTY requirement for digital systems until December 31, 1998. The Commission later granted over 100 temporary waivers of the rule, which remain pending, while the industry worked on a solution.

Since September 1997, the Wireless TTY Forum (TTY Forum) - an organization consisting of wireless carriers, wireless equipment manufacturers, manufacturers of TTY devices, emergency and relay service providers, and consumer organizations representing individuals who are deaf or hard-of-hearing - has been meeting in an effort to develop solutions that will enable TTY users to make 911 calls on digital networks. At the January 26, 1999, meeting of the TTY Forum, Lucent Technologies (Lucent) presented a potential solution to the TTY/digital problem. The Lucent solution has subsequently been approved by the Telecommunications Industry Association (TIA) Subcommittees TR45.5 (CDMA) and TR45.3 (TDMA) standards bodies.

Ericsson, Inc. has proposed a potential solution to the TTY/digital problem for GSM networks. The GSM standards body, Alliance for Telecommunications Industry Solutions (ATIS) Working Group T1P1.5, preliminarily adopted Ericsson's proposed solution for industry balloting. After edits are completed, balloting on this proposed standard is tentatively scheduled to begin July 28, 2000, and a standard for GSM networks could be available as early as September 2000. Currently, Motorola is working on a TTY/digital solution for its proprietary iDEN technology.

II. Request for Further Comment

A. Implementation Deadline

In fulfillment of Section 20.18(c), we expect digital wireless systems to be widely accessible to TTY devices without imposing additional costs on consumers who use these devices. In light of the technological developments related to TTY/digital system compatibility that have occurred during the past year, we believe it is appropriate to establish a date certain by which providers of digital wireless services must begin complying with Section 20.18(c). The approval of the Lucent solution by two major standards bodies, and the apparent acceptance of the Ericsson solution by a third standard body, indicates that carriers providing digital service will be able to enable persons with disabilities who rely on TTY devices to be able to call 911 in emergencies using digital wireless phones in the near future.

We note that earlier this year Bell Atlantic Mobile and Lucent issued a joint press release announcing their intent to collaborate on a new service that would enable end-users to use their TTY devices in conjunction with Bell Atlantic's digital cellular system, to be made available in the second half of 2001. In light of this statement by two key industry participants, as well as on the basis of preliminary discussions Commission staff has held with various Forum participants, we tentatively view December 31, 2001 as a reasonable deadline for implementation of a digital wireless TTY solution; and propose that all wireless carriers begin complying with Section 20.18(c) on or before this date.

In this Public Notice, we seek comment on this proposed deadline, particularly with respect to whether it would permit equipment manufacturers and carriers sufficient time to complete the tasks associated with implementing a system solution of this kind. Given the adoption or imminent adoption of standards, commenters should be able to identify the specific tasks they expect to be required to implement a TTY solution (e.g., development and production of handsets containing solutions, development and installation of solutions in network infrastructure, development and production of interface hardware connecting TTY devices and digital wireless phones, over-the-air testing of solutions by equipment manufacturers and/or carriers, etc.). In addition, commenters should provide estimates of how long each task is expected to take.

We note that, in light of the extended period within which the Commission has allowed industry groups to work on resolving the TTY incompatibility problem, the revised deadline the Commission will adopt will be viewed very seriously. We remind carriers that the Commission will consider enforcement action, including forfeitures, should this obligation not be met. Further suspensions or waivers of the rule are not contemplated. In the event that a waiver is requested before the new deadline, the requesting party will need to demonstrate what steps it has taken to begin implementing a solution, and explain, in detail, the exceptional circumstances that make it unable to begin complying within the time specified.

B. Monitoring Progress

It is imperative that providers of digital wireless service work diligently to make their systems compatible with TTY devices. We seek comment on whether the Commission should adopt additional requirements that would enable it to better monitor carrier progress toward this goal. For example, should the Commission require digital wireless service providers to submit an implementation plan for digital TTY accessibility? In the alternative, should the Commission reinstate the requirement that industry report to the Commission on a regular basis? Periodic reports might include, but not be limited to, information regarding problems associated with TTY access to digital wireless systems, the status of proposed technical solutions, and steps taken to achieve the proposed technical solutions. We also seek comment about how the Commission may best monitor the progress of technological developments and the adoption of standards.

C. Enforcement

Although Section 20.18(c) imposes obligations on carriers, for carriers to meet these obligations it is critical that handset and network manufacturers produce equipment capable of facilitating digital TTY service at the earliest possible date. We expect carriers and manufacturers to work together to develop and implement solutions in an expeditious manner. We note that Section 255(b) of the Communications Act of 1934 requires manufacturers to ensure that equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. We also note that Section 251(a)(2) of the Act requires that telecommunications carriers not install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to Section 255. We seek comment on how these provisions relate to the implementation of Section 20.18(c). We also seek comment on whether and how the Commission might use its equipment authorization process to enforce compliance with Section 20.18(c).

D. Consumer Impacts

We expect carriers to make their digital wireless systems compatible with TTY devices without causing potential adverse impacts to consumers. Therefore, we seek comment on whether any of the TTY/digital wireless compatibility solutions could impose additional costs and/or inconveniences on consumers and if so, the extent and nature of these costs and/or inconveniences (e.g., excessive battery-drain, possible loss of existing service features, possible problems associated with the use of multi-mode phones, possible problems associated with roaming). Significantly, an impact such as excessive battery-drain is especially troubling because many consumers have come to rely on wireless phones for use in emergency situations. To the extent any additional costs or inconveniences are identified, we also seek comment on steps carriers can take to eliminate or mitigate such adverse impacts, especially those that could affect safety of life.

E. Interim Solutions

Initially, Ericsson's solution for TTY/GSM compatibility will apparently involve a "smart cable" that itself operates to convert the Baudot tones to a new signal that is suited for transfer over a digital voice path without the need for software changes in the handset. While Ericsson ultimately intends to integrate the cable's features into the handset, it has proposed the external cable as an interim solution because it could be made available before the cable's features are integrated into the handset. We seek comment on whether Ericsson's "smart cable" solution for GSM, or any other similar cable, will be acceptable to TTY users. We also seek comment on whether this type of solution will impose additional costs and/or inconveniences on consumers (e.g., additional battery drain to supply power to the cable).

F. International Implications

We also seek comment on the impact the international use of the GSM air interface has on development and implementation of a TTY solution. Specifically, we seek comment on whether the fact that many of the standards pertaining to GSM technology are adopted in an international standards-setting process will affect either the speed with which a TTY solution can be developed and implemented, or the type of solution that is adopted.

III. Procedural Matters

We remind parties that the Commission has granted waivers to carriers pending a decision on the implementation date. Those waivers remain in effect.

Pursuant to Section 1.45 of the Commission's Rules, 47 C.F.R. ï¿½ 1.45, interested parties may file comments on the proposed implementation deadline no later than June 19, 2000. Replies shall be filed no later than July 19, 2000. All comments shall reference the docket number of this proceeding. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the docket number of this proceeding. Parties filing electronically should also e-mail a copy of their comments to [email protected]. Parties who choose to file by paper must file an original and four copies of each filing with the Commission's Secretary (Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, D.C. 20554) and a diskette copy to the Commission's copy contractor (International Transcription Service, Inc. (ITS), CY-B400, (202) 857-3800).

Pursuant to Section 1.1206 of the Commission's Rules, 47 C.F.R. ï¿½ 1.1206, this proceeding is a permit-but-disclose proceeding in which ex parte communications are permitted subject to disclosure.

Copies of this Public Notice in alternative formats (computer diskette, large print, audio- cassette, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418-7426 voice, (202) 418-7365 TTY, or at [email protected]. The Public Notice also will be available at: http://www.fcc.gov/cib/dro/.

For further information regarding this Public Notice, contact Patrick Forster, Wireless Telecommunications Bureau, Policy Division, at (202) 418-1310 voice, or (202) 418-7233 TTY.

WHEELCHAIR DISPUTE OVER FDR STATUE ROLLS ON

(WASHINGTON, May 19, 2000) -- When it comes to memorializing Franklin Delano Roosevelt in the city where he reigned for a record four presidential terms, nothing comes easy.

The federal Commission of Fine Arts yesterday unanimously approved landscape architect Lawrence Halprin's design of an addition to the Roosevelt memorial in West Potomac Park. The new work was ordered at the insistence of handicapped-rights groups.

But what it gave with one hand the commission took away with the other, expressing significant reservations about the main feature of the addition--a bronze statue of the 32nd president sitting in a wheelchair.

This is the final approval needed to get construction started on the $3-million-plus addition. Yet the commission's split verdict leaves in question both the construction schedule and artistic impact of the "enhancement," as supporters call the addition.

Specifically, the commission loved the figure of Roosevelt, but did not at all like the bronze version of the wheelchair he is sitting on. It is an appendage, said one commission member. It is too solid, said another. "It makes it look as if he's carrying his lunch around," concluded Chairman J. Carter Brown.ï¿½

Thus the commission's overall approval of the design came with an important stipulation. Artist Robert Graham was told to go back to his sculpture studio and make the wheelchair look more like the real thing.

"Frankly, I'm having a lot of problems with that," responded the California sculptor. "This comes as kind of a shock."

Graham's willingness to revise his sculpture is key to meeting a construction timetable established by the National Park Service. There is no way the proposed dedication date of Jan. 15 can be met if a new sculptor has to be found.

"I'm hoping it doesn't come to that," said John Parsons, land use chief for the National Capital Region of the National Park Service. Parsons said he expected to be back with a revised presentation at the commission's monthly meeting in June. In any case, with or without commission approval of the statue, Parsons pointed out, construction of the addition can proceed on schedule next month.

The addition was ordered by Congress in the summer of 1997, just months after the dedication of the long-awaited memorial. Congressional action followed two years of lobbying by advocates for disabled citizens, in particular the Washington-based National Organization on Disability.

Roosevelt was stricken with polio in 1921. As an inscription carved in the granite of the present memorial points out, thereafter "he never walked again unaided."

But he did go to great pains to conceal his disability from the public. Using wheels from both a tricycle and a bicycle, he designed his own unmotorized wheelchair, which he used to get around the White House from 1933 to 1945. Even photographs showing him in the chair are extremely rare.

"We've studied that chair for years," said Graham, who sculpted several pieces in the existing memorial. He noted that the dimensions of the chair in the new statue are exactly those of the real thing. The disagreement between the artist and the commission concern the degree both of realism and solidity in the bronze version.

Graham's plaster maquette shows Roosevelt sitting in his rumpled suit coat, with both his hat and his chin tilted at characteristically jaunty angles. The commission liked this part of the work.

To support the life-size figure and to give the entire piece a certain degree of abstraction, Graham felt he needed to fill in the voids in the real-life chair. The commission definitely did not like this part of the piece. Brown referred to the real chair as a "Rube Goldbergian contraption," and said the design itself was part of the Roosevelt legacy.

The new addition will be a sort of antechamber to the 800-foot-long memorial. It will be located just outside the first of the four outdoor "rooms" that try to tell the story of the Roosevelt years with stone walls, fountains, plants and sculpture.

This location was chosen, Halprin said, because it makes sense chronologically and fits comfortably into the existing pattern. The statue will be surrounded by plant and stone materials similar to those already there.

Behind the figure will be a granite wall displaying a quotation by Eleanor Roosevelt: "Franklin's illness . . . gave him strength and courage he had not had before. He had to think out the fundamentals of living and learn the greatest of all lessons--infinite patience and never-ending persistence."

Congress first authorized an FDR memorial commission in 1946. The site was selected in 1959. In the 1960s, two competition-winning designs for it were turned down. Halprin was chosen to do a new design in 1974. His design was approved in 1978, but construction did not begin until 1994. Nor is the story over yet.

MESSAGE FROM PRESIDENT CLINTON AND VICE PRESIDENT GORE

Working on Behalf of Americans with Disabilities

"If we want to keep our economy growing with continued low inflation and low unemployment, we must draw on the untapped potential of our people.... Americans with disabilities who want to work shouldn't have to wait one more day."
-- President Bill Clinton
October 16, 1999

EXPANDING ECONOMIC OPPORTUNITY:

I. 2000 LEGISLATIVE PRIORITIES AND FY2001 BUDGET INITIATIVES

Disability Office in the Department of Labor. President Clinton and Vice President Gore support establishing an Office of Disability Policy, Evaluation and Technical Assistance (ODPET) within the Department of Labor (DOL), and improving access for adults with disabilities to employment services offered through the one-stop system. The President's FY 2001 budget includes $20.56 million for ODPET, which was recommended by the Presidential Task Force on Employment of Adults with Disabilities. Under the leadership of an Assistant Secretary, ODPET's mission would be to dramatically increase the employment rate of people with disabilities by implementing a sustained, coordinated, and aggressive strategy to eliminate barriers and create meaningful employment opportunities for people with disabilities. This office would initially subsume the President's Committee on Employment of People with Disabilities (PCEPD) in an effort to reduce duplication and enhance coordination of Federal employment programs for people with disabilities. The office would work within DOL to ensure that all programs address the need to increase participation of people with disabilities in DOL training programs, with a targeted emphasis on those serving youth during FY 2001.

National Disability Business Development Board. Creation of ODPET would also establish the National Disability Business Development Board, a federally chartered corporation. The Board will be made up of America's business leaders, organized labor, rehabilitation and service providers, and disability-related organizations currently advising the President's Committee on Employment of People with Disabilities. The board would: work to improve the access of individuals with disabilities to financial institutions and commercial and business enterprises; provide incentives to, and collaborate with, the public and private sectors to ensure the necessary levels of resources/investments in employment initiatives for individuals with disabilities; and leverage funds for public awareness about disability and employment.

Tax Credit for Work-Related Expenses. In his FY 2001 budget, President Clinton renews his proposal for a $1,000 tax credit for work-related expenses for people with disabilities. This tax credit was proposed last year but not supported by Congress. The credit would help workers with significant disabilities cover the formal and informal costs that are associated with employment, such as specialized transportation and technology. Like the Ticket to Work and Work Incentives Improvement Act, it would help ensure that people with disabilities have the tools they need to return to work by recognizing the extra costs associated with working.

Extending Medicare Access for People with Disabilities Who Work. The President and Vice President's FY 2001 budget builds on achievements enacted in the Ticket to Work and Work Incentives Improvement Act to ensure that individuals with disabilities have full opportunity to participate in and contribute to our growing economy. The Administration has proposed removing an arbitrary four-and-a-half-year limit on Medicare coverage for people with disabilities who return to work, giving individuals with disabilities lifetime access to Medicare.

Vocational Rehabilitation State Grants. The Administration's FY 2001 budget includes $2.4 billion, an increase of $60.8 million, or 2.6 percent, to assist State VR agencies to improve the employment outcomes of individuals with disabilities. A wide range of services is provided each year to about 1.2 million individuals with disabilities, and these funds will assist States to address the needs of this population.

II. RECORD OF ACCOMPLISHMENTS

Enacted the Ticket to Work and Work Incentives Improvement Act. The Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA) is an historic bill produced through the bipartisan efforts of President Clinton and Vice President Gore; Senators Jeffords, Kennedy, Roth, and Moynihan; leaders in the House of Representatives; and the disability community. On December 17, 1999, the President signed this historic bill into law at a ceremony held at the FDR Memorial. This legislation, which the President advocated since 1998, will help provide better health care options for people with disabilities who work.

TWWIIA will improve employment opportunities by: creating new options and incentives for states to offer a Medicaid buy-in for workers with disabilities; extending Medicare coverage for an additional 4 1/2 years for people on disability insurance who return to work; creating a $250 million Medicaid buy-in demonstration to help people whose disabilities have not yet progressed so far that they cannot work; and enhancing employment-related services for people with disabilities through the new "Ticket to Work" Program. TWWIIA also creates a Work Incentive Grant program to provide benefits planning and assistance, facilitate access to information about work incentives, and better integrate services to people with disabilities working or returning to work.

Increasing the Substantial Gainful Activity Amount. In July 1999, the Social Security Administration increased the monthly earnings guidelines from $500 to $700 per month, enabling beneficiaries with disabilities to earn more without affecting their benefits. These guidelines are used to determine whether the work activities of a person with impairments, other than blindness, demonstrate that he or she is able to perform substantial gainful activity (SGA).

Directing Federal Agencies to Implement Plan for Hiring People with Disabilities. Since the beginning of the Clinton-Gore Administration, the American economy has added nearly 21 million new jobs, and unemployment is at the lowest level in three decades. Yet nearly 75 percent of individuals with significant disabilities are unemployed. Last year, Vice President Gore asked the Office of Personnel Management to develop a model plan to bring more adults with disabilities into the Federal workforce. On October 16, 1999, President Clinton released that action plan and directed the Federal government to implement it immediately. The plan, Accessing Opportunity: The Plan for Employment of People with Disabilities in the Federal Government, along with a companion Employment Guide, provides detailed resources for federal employees as they recruit, hire, train and promote people with disabilities. Under this plan, the Federal government -- the nation's largest employer with almost 1.8 million workers -- will do more to: recruit people with disabilities for positions at all levels of government; provide opportunities for students with disabilities; ensure career opportunities for people with disabilities; collect and maintain data to monitor success of people with disabilities in the federal workforce; and provide reasonable accommodations for applicants and employees with disabilities.

Sponsoring "Disability Mentoring Day: Career Development for the 21st Century." On October 27, 1999, the White House sponsored the first-ever mentoring day for people with disabilities. The Office of Personnel Management (OPM) and Departments of Labor, Justice, Education, Transportation, and Defense also participated in the mentoring program, which was modeled after other "shadow" days. It also coincided with a reception hosted by OPM to celebrate the release of the Plan and Employment Guide. This year, the mentoring day will take place on Wednesday, October 25th. The White House encourages people from all across the country to participate in their local communities.

Expanding Hiring Opportunities for People with Psychiatric Disabilities. In January 1999, Tipper Gore announced that the Office of Personnel Management (OPM) would explore measures to eliminate the stricter standards that are currently applied to job applicants with psychiatric disabilities. On June 4, 1999, President Clinton signed an executive order ensuring that individuals with psychiatric disabilities are given the same hiring opportunities as persons with significant physical disabilities or mental retardation. On March 17, 2000, OPM issued proposed regulations to create a new Government-wide excepted appointing authority for persons with psychiatric disabilities. This authority will broaden the category of people who may non-competitively acquire competitive civil service status after two years of successful service, providing individuals with psychiatric disabilities the same hiring opportunities already offered to individuals with mental retardation and significant physical disabilities.

Mental Health Parity for Federal Employees. Leading by example, in June 1999 President Clinton called for parity for mental health and substance abuse coverage in the Federal Employees Health Benefits Program (FEHBP) by 2001. The FEHBP is the largest employer-sponsored health insurance program in the country -- covering about 9 million people, including Federal employees, retirees, and their families -- and often serves as a model for other employers and the insurance industry. The Office of Personnel Management (OPM) will work with participating health plans to introduce managed behavioral health care components that incorporate proven techniques such as case management, authorized treatment plans, provider networks using effective screening and referral procedures, pre-certification, and disease management. OPM has eliminated lifetime and annual maximums in the Program, and negotiated with plans to move away from contractual day and visit limitations, high deductibles, co-payments, and coinsurance for mental health coverage.

Signed the Workforce Investment Act of 1998. On August 7, 1998, President Clinton signed the Workforce Investment Act (WIA), which included the Rehabilitation Act Amendments of 1998, helping to improve worker training and placement options for people with disabilities. WIA establishes better links between the vocational rehabilitation (VR) system and the general workforce development system. Job seekers with disabilities now have improved options for service through the mainstream worker training and placement system, and through the disability-specific VR system. WIA also strengthens the Rehabilitation Act by giving increased options to individuals with disabilities in developing VR plans.

Increasing Employment of Adults with Disabilities. President Clinton signed an Executive Order in March 1998 establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force is charged with creating a coordinated and aggressive national policy to move individuals with disabilities into gainful employment at a rate approaching that of the general adult population. The Task Force, chaired by the Secretary of Labor, continues its efforts to promote employment opportunities, and many of its recommendations have already been accepted and implemented by the President. The Task Force is analyzing the barriers to employment faced by people with disabilities and will report its findings with policy recommendations to the President on a periodic basis until its final report is presented on July 26, 2002.

Working on Innovative Strategies to Improve Employment of Adults with Disabilities. The Clinton-Gore Administration continues to develop innovative strategies to employ Americans with disabilities. The Social Security Administration (SSA), the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of Education (DoED) are all participating in inter-agency demonstration projects to expand job opportunities for persons with disabilities. For instance, DoED has awarded six systems-change grants to establish models of improved cooperation and coordination between State Vocational Rehabilitation programs, public employment/employment training programs, and other related programs. The grants will help reduce barriers to employment and increase the capacity of States' overall employment system to serve individuals with disabilities. The focus of these systems change projects is increasing the employment rate of individuals with disabilities who are currently receiving support through public programs.

In addition, SSA is working under cooperative agreements with 12 states to develop innovative projects to assist adults with disabilities to reenter the workforce. This activity, the State Partnership Initiative, is designed to help states develop innovative and integrated statewide programs of services and supports for their residents with disabilities that will increase job opportunities and decrease dependence on benefits, including Social Security Disability Insurance and Supplemental Security Income. Moreover, the President's Committee on Employment of People with Disabilities (PCEPD) has worked to coordinate a commitment by the U.S. Chamber of Commerce, the Society of Human Resource Managers, and dozens of other private sector companies to support several initiatives advancing the employment of people with disabilities among employers. Initiatives include the formation of local and state employer-led groups advocating for the employment of people with disabilities, the launching of a nationwide campaign to advance the employment of persons with cognitive disabilities, and supporting PCEPD's career exploration and employment programs for youth with disabilities.

Creating New Tools to Help Families Move from Welfare to Work. Since enactment of the 1996 welfare reform law, millions of families have moved from welfare to work. Recognizing the special needs of some people with disabilities and other populations in moving from welfare to work, the 1997 Balanced Budget Act included $3 billion to move long-term welfare recipients and low-income non-custodial fathers into jobs. To fully implement this initiative, the President's FY 2001 budget allows grantees an additional two years to spend Welfare-to-Work funds. It also proposes $255 million for Fathers Work/Families Win grants to promote responsible fatherhood and support working families. The Welfare-to-Work Tax Credit provides tax incentives to encourage businesses to hire long-term welfare recipients. President Clinton has secured 110,000 new housing vouchers in the last two years to help welfare recipients and hard-pressed working families move closer to job opportunities, and this year he is proposing $690 million for 120,000 new housing vouchers.

EDUCATION AND TRAINING:

I. 2000 LEGISLATIVE PRIORITIES AND FY2001 BUDGET INITIATIVES

State Grant Program. The Administration's FY 2001 budget includes $5.28 billion, a $290 million or 5.8 percent increase, for Special Education Grants to States. With passage of this increase, funding for the State Grant Program will have risen 127 percent since 1994. In FY 2001, the Grants to States program would provide an average of $827 per child, an increase of 4 percent over the FY 2000 level. If approved, States will receive 13 percent of their average per pupil expenditures, or 11 percent of the excess costs, from the federal government for educating children with disabilities.

State Improvement Grants. The Administration's FY 2001 budget includes $45.2 million for the State Improvement Grants, a $10 million increase (or 28.4 percent) over FY 2000. This will provide funding for 28 existing awards to States as well as new awards to an estimated 15 States and territories. The State Improvement program would expand efforts to reform and improve State systems for providing educational, early intervention, and transitional services to improve results for children with disabilities.

Parent Training. The Administration's FY 2001 budget for the Parent Training and Information Centers program is $26 million, a $7.5 million increase, or 40.3 percent, above last year's level. The increase would be used to expand the size of the awards to existing State Parent Training and Information Centers, establish four new centers for a total of 103 across the country, and provide additional technical assistance to centers. Three of the new centers would be community centers operated by local parent organizations and focus on meeting the needs of underserved parents and families of children with disabilities.

Reading and Behavior. The President's FY 2001 budget includes a request for a $10 million Primary Education Intervention initiative. This initiative will support projects that demonstrate effective interventions coupled with early identification to improve results for children with disabilities. The initiative would target children with significant problems in learning to read, and those exhibiting behaviors that have been found to lead to significant discipline problems or emotional disturbance as they get older. Research shows that early intervention is particularly effective for improving educational results for children, and these funds will allow more students to benefit from timely identification and service delivery.

State Technical Assistance Awards. Helping States comply with the Individuals with Disabilities Education Act (IDEA) is critically important, and the President's FY 2001 budget includes an $8 million request for State Technical Assistance Awards that will help address this need. These technical assistance awards will be instrumental in improving State monitoring and complaint resolution systems, and to correct deficiencies found through State and Federal monitoring of the implementation of IDEA.

II. RECORD OF ACCOMPLISHMENTS

Supporting Quality Education for Children with Disabilities. In 1997, the President enacted a stronger Individuals with Disabilities Education Act (IDEA), reaffirming our national commitment to provide a world class education for all our children by ensuring that our nation's schools are safe and conducive to learning, while scrupulously protecting the rights of students with disabilities. Funding for the basic IDEA grant program has increased by 100 percent under the Clinton-Gore Administration.

Fighting Unwise Amendments to IDEA. In the 105th Congress, the Majority in the House of Representatives attempted to amend the Individual with Disabilities Education Act (IDEA) to make it easier to expel children with disabilities who were judged by school officials to be potentially violent in school. These broad, subjective judgements could have resulted in inappropriate expulsion of large numbers of students with disabilities. The Clinton-Gore Administration, working with parents, successfully opposed these amendments.

Enforcing IDEA. The Clinton Administration has defended the rights of children with disabilities under the Individuals with Disabilities Education Act (IDEA) in numerous Federal Court cases: Cedar Rapids Community School District v. Garrett F.; Marie O. v. Edgar; Sacramento City Unified School District v. Holland; Hartmann v. Loudon County Board of Education.

IMPROVING ACCESS AND QUALITY OF HEALTH CARE:

I. 2000 LEGISLATIVE PRIORITIES AND FY2001 BUDGET INITIATIVES

Addressing the Nation's Multi-Faceted Needs for Long Term Services and Supports. The President's FY 2001 budget includes a $28 billion, 10-year investment to tackle the complex problem of long-term care, which affects millions of elderly persons, people with disabilities, children with special needs, and/or the families who care for them. Its centerpiece is a $3,000 tax credit for people with long-term care needs or their caregivers -- triple the amount proposed last year. It also seeks to address the way in which Medicaid policy and practice has inadvertently discriminated against people with long-term care needs who want to live in the community by making it much easier to provide coverage in nursing homes than in the community. This proposal would enable states to provide services to nursing-home qualified beneficiaries at 300 percent of the Supplemental Security Income limit (about $15,000), without requiring a complicated and frequently time-consuming Federal waiver. This proposal contributes toward the goal of giving people who need long-term services and supports the choice of remaining in their homes and communities. It costs $140 million over 5 years, $370 million over 10 years.

Expanding Coverage to Uninsured Americans. In his FY 2001 budget, President Clinton has proposed a 10-year, $110 billion initiative that would dramatically improve the affordability of and access to health insurance. The proposal would expand coverage to at least 5 million uninsured Americans and expand access to millions more. If enacted, these policies would be the largest expansion of coverage since Medicare was created in 1965.

Advocating a Strong Patients' Bill of Rights. The President and Vice President have called for passage of the bipartisan Patients' Bill of Rights Act, to ensure that all Americans have essential protections, including: guaranteed access to needed health care specialists; access to emergency room services when and where needs arise; continuity of care protections to assure coverage if a patient's health care provider is dropped; access to a timely internal and independent external appeals process with a medical necessity standard; assurance that doctors and patients can openly discuss treatment options; and an enforcement mechanism that ensures recourse for patients who have been harmed as a result of health plan actions.

II. RECORD OF ACCOMPLISHMENTS

Extending Enforceable Patient Protections for Millions of Americans. Leading by example, the President directed all federal agencies to ensure that their employees and beneficiaries have the benefits and rights guaranteed under the proposed Patients' Bill of Rights. Eighty-five million Americans covered by federal health plans have the security of knowing they will have fair access to health care thanks to the President's work.

Providing Access to Health Care Services for Uninsured Workers. In 1999, the President proposed and won $25 million in funding for a program to coordinate systems of care, increase the number of services delivered, and establish an accountability system to assure adequate patient care for uninsured and low-income individuals. This year, the President has proposed funding this initiative at $125 million, representing a substantial down payment on the President's plan to invest $1 billion over 5 years.

Supporting Families. President Clinton fought for and enacted the Family and Medical Leave Act (FMLA), which allows workers to take up to 12 weeks of unpaid leave to care for a child or adult with a disability, seriously ill family members, newborn or adoptive children, or their own serious health problems -- without fear of losing their jobs. Since its enactment, FMLA has benefited millions of Americans, and the President has expanded leave options for Federal employees. President Clinton has called for extending this benefit to 12 million more working families and has proposed expanding FMLA to allow workers to take up to 24 unpaid hours off each year for school and early childhood education activities, routine family medical care, and caring for an elderly relative.

Increasing Access to Health Care and Supporting Employment for Americans with Disabilities. The Balanced Budget Act of 1997 created an optional program whereby States could allow people with disabilities who earn up to 250 percent of poverty to purchase Medicaid coverage. Oregon is the first state to take advantage of this policy, and they have created a program that will let individuals go to work and get or keep Medicaid. Secretary of Health and Human Services Donna Shalala has asked every governor to seriously consider this program.

Passing Meaningful Health Insurance Reform. President Clinton signed the Health Insurance Portability and Accountability Act of 1996, which limits exclusions for pre-existing conditions, makes coverage portable, and helps individuals who lose jobs maintain coverage.

Protecting the Medicaid Guarantee for People with Disabilities. The Clinton-Gore Administration refuses to go backward on health care coverage for Americans with disabilities, rejecting proposals to end the Medicaid guarantee to meaningful health benefits for people with disabilities. The President vetoed the Republicans' proposal in the 104th Congress to block grant the Medicaid program, preserving Medicaid coverage for six million persons with disabilities. Medicaid is often the only form of health care available to people with disabilities and allows many children and adults to receive services at home rather than in institutions. Thanks to President Clinton, the 1997 Balanced Budget Act preserved the Federal guarantee of Medicaid coverage for populations who depend on it.

IMPROVING ACCESSIBILITY:

I. 2000 LEGISLATIVE PRIORITIES AND FY2001 BUDGET INITIATIVES

Assistive Technology Initiatives. The Administration's FY 2001 budget includes $100 million (a $13.5 million increase) for disability and technology research at the National Institute on Disability and Rehabilitation Research (NIDRR). NIDRR will launch a comprehensive technology initiative which includes: $5 million for an Educational Technology Initiative to provide technical assistance and training to elementary and secondary schools; $3.4 million for a multi-pronged Employment initiative to carry out research, training, and technical assistance to enhance the ability of individuals with disabilities to access and use information and communication technology; and $5.1 million for a Community Independence initiative on how information and assistive technology can be used to enhance community integration and participation by individuals with disabilities. The Administration's request also includes $15 million to support grants that establish or maintain alternative loan financing programs. Most people with disabilities do not have the private financial resources to purchase the assistive technology they need. If approved, this increase would significantly enhance opportunities for individuals with disabilities to take advantage of assistive technology.

Centers for Independent Living. The Administration's FY 2001 includes $58 million for Centers for Independent Living (CILs) -- a 20.8 percent increase over last year's funding level. This increase would make it possible to accomplish an increase in the stability of existing CILs and open new CILs in unserved and underserved areas. The request could provide sufficient funding to establish a $200,000 federal funding floor. In addition, a $10 million increase for CILs could expand the network of centers by funding up to 56 new centers in 23 States.

II. RECORD OF ACCOMPLISHMENTS

Ensuring that the Telecommunications Revolution Benefits All. In July 1999, the Federal Communications Commission (FCC) adopted rules on Section 225 of the Telecommunications Act of 1996, which requires that telecommunications equipment and services be accessible to individuals with disabilities, if readily achievable. This provision is known as the ADA for the Information Age. These regulations, which have been supported by the telecommunications industry, will ensure people with disabilities have access to a broad range of products and services - such as telephones, cell phones, pagers, call waiting, and operator services - where they previously experienced barriers. Telecommunications carriers may not install network features, functions, or capabilities that do not comply with the regulations. The regulations also ensure that information, documentation, and customer service is conducted in accessible ways.

Signed the Assistive Technology Act. Technology is a crucial component in enabling people with disabilities to obtain and keep meaningful employment. With the support of the Clinton-Gore Administration, Congress passed the Assistive Technology Act of 1998, which reauthorizes the "Tech Act" that created State Assistive Technology Centers to provide assistive devices to low-income individuals with disabilities.

Ensuring the Federal Government Provides Accessible Technology and Information. The Clinton-Gore Administration recommended, and Congress enacted, changes to the Rehabilitation Act strengthening the obligations of federal agencies to provide accessible information technology to their employees and customers. This enabled the federal government to use its considerable purchasing power to influence private industry toward developing universally designed technology that is accessible to almost everyone. On April 18, 2000, Attorney General Janet Reno announced the release of the Department of Justice's (DOJ) first report under section 508 of the Rehabilitation Act, Information Technology and People with Disabilities: The Current State of Federal Accessibility. Under DOJ's direction, federal agencies examined the procurement policies and procedures, along with common types of information technology. DOJ found that while some information technology used by federal agencies is accessible, simple steps can increase the extent to which federal information technology is usable by people with disabilities.

Increased Resources for Accessible Transportation. In 1998, President Clinton signed the Transportation Equity Act for the 21st Century (TEA-21), which provides significantly increased resources to make our Nation's surface transportation systems accessible. TEA-21 included increased funding for the Elderly Individuals and Individuals with Disabilities grant program.

Increasing Public Transportation Accessibility. The Department of Transportation and the Access Board have issued final regulations implementing the Americans with Disabilities Act (ADA) provisions for over-the-road bus (OTRB) accessibility that provides a definition of what constitutes discriminatory action. The regulation requires large, fixed-route operators to achieve 50 percent of full fleet accessibility by October 2006 and 100 percent by October 2012. The Department has strengthened the regulations by including provisions making OTRB operators individually and collectively accountable for providing accessible service.

Access to Jobs Initiative. The President's Access to Jobs initiative helps communities design innovative transportation solutions, such as van services, to help former welfare recipients and other low-income workers get to work. Funding for this initiative has increased to $75 million in FY 2000 and will be $100 million in FY 2001 as a result of guaranteed funding in TEA-21. This innovative program emphasizes providing people with disabilities the transportation access required to achieve education, work, and family goals.

Increasing Housing Options. The Clinton-Gore Administration took a number of significant actions in 1998 that advanced housing policy for people with disabilities. First, HUD issued a statement supporting the view that institutional living does not constitute real housing for people with disabilities. On April 28, 1998, Fannie Mae announced the publication of "A Home of Your Own Guide," the first manual specifically created to provide step-by-step home buying guidance for people with disabilities. In February, HUD Secretary Cuomo issued a directive encouraging communities to use community development block grant funds for home modifications for people with disabilities. Also, in HUD's recent Notices of Funding Availability, the agency included bonus points for developers when they seek to build structures that include "visitability" by people with disabilities.

Increasing Section 8 Funding in HUD Appropriations. President Clinton supported the inclusion of $40 million in Section 8 funding for people with disabilities, in part to offset the displacement likely to occur as a result of "elderly-only" designation of public housing formerly occupied by people with disabilities.

PROMOTING EQUALITY FOR ALL OF OUR CITIZENS:

I. 2000 LEGISLATIVE PRIORITIES AND FY 2001 BUDGET INITIATIVES

Increased Funding for Civil Rights Enforcement. The Clinton-Gore Administration's FY 2001 budget includes a request for an additional $16 million for the Department of Justice's (DOJ) Civil Rights Division -- a 19 percent increase over last year's budget of $82.2 million. With a proposed increase of $2.4 million for the Civil Rights Division, DOJ hopes to further implement the Americans with Disabilities Act (ADA) by funding new initiatives, including an initiative to remove barriers that prevent people with disabilities from obtaining basic community services, such as riding public transportation or attending a town meeting. Additional funding will also help begin a new initiative to train law enforcement officers on how to appropriately interact with persons with mental disabilities.

Protecting All of Our Citizens. The President and Vice President have repeatedly called for passage of the Hate Crimes Prevention Act, which would strengthen and expand the existing federal hate crimes law to cover cases of hate crimes based on disability, gender, or sexual orientation.

II. RECORD OF ACCOMPLISHMENTS

Assuring Access to Community Living for the People with Disabilities. On June 22, 1999, the U.S. Supreme Court affirmed in Olmstead v. L.C. that, under the Americans With Disabilities Act, unjustifiable institutionalization of a person with a disability who, with proper support, can live in the community is discrimination. In accordance with that Court ruling, on January 14, 2000, the U.S. Department of Health and Human Services issued guidance to state Medicaid directors on how to make state programs responsive to the desires of people with disabilities to live in appropriate community-based settings. The Administration's goal is to integrate people with disabilities into the social mainstream with equal opportunities and the opportunity to make choices in their lives. The Clinton-Gore Administration's flexibility in granting state waivers has spurred an increase in home and community-based services. Since he took office, the President has approved over 300 such waivers. As a result, the number of people with developmental disabilities served in home and community waiver programs has increased significantly.

Vigorously Enforcing Disability Rights. President Clinton has led the fight for vigorous enforcement of the Americans with Disabilities Act (ADA), the Fair Housing Act, the Individuals with Disabilities Education Act (IDEA), and other critical civil rights laws that prohibit discrimination against people with disabilities in housing, schools, workplaces, and public areas across the nation. Under the Clinton-Gore Administration, the number of positions allocated for ADA enforcement at the Department of Justice (DOJ) has increased by 105 percent. The Administration's FY 2001 budget proposal includes funding for another 29 new positions for ADA enforcement -- a 35 percent increase over FY 2000 funding. DOJ has entered into hundreds of settlement agreements involving access to civic life (city halls and municipal services), 911 emergency services, hotels, stores, restaurants, theaters, and other public accommodations. The Department's litigation activity has established important legal precedents including ADA coverage (such as zoning and prisons), architect liability, line of sight over standing spectators, effective communication, and unnecessary inquiries by professional licensing entities. Implementation of the ADA's "most integrated setting" requirement has been an important element of DOJ's Civil Rights of Institutionalized Persons Act investigations and agreements (involving MRDD institutions, psychiatric hospitals, and public nursing homes).

Working to Stop Discrimination Against People With AIDS. President Clinton supports the Supreme Court's decision in Bragdon v. Abbott, which reinforces the protections offered by the Americans With Disabilities Act (ADA) for Americans living with HIV and AIDS. The President directed the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) to vigorously prosecute those who discriminate against people with AIDS, leading to actions against health care providers and facilities that violate the ADA.

Working for Fair Housing. In response to the increase in reported cases of serious fair housing violations, the Department of Housing and Urban Development (HUD) committed to doubling the number of its civil rights enforcement actions by the year 2000. In addition, the President proposed and won a major expansion of HUD's Fair Housing programs. The FY 1999 budget expanded HUD's Fair Housing programs to $40 million -- a $10 million increase over FY 1998 funding. That 33 percent increase included $7.5 million for a new audit-based enforcement initiative proposed by the Administration.

Adding a New Statue to the FDR Memorial. On May 2, 1997, President Clinton dedicated the Franklin Delano Roosevelt Memorial to honor the thirty-second President of the United States. On July 2, 1998, Vice President Gore announced that the FDR Memorial will soon include an additional outdoor room at the main entrance, which will depict FDR in the small wheelchair he invented. In collaboration with the disability community, the Clinton-Gore Administration has selected a specific design that will show how FDR became one of our greatest presidents while he had a disability and used a wheelchair. And last year, the Clinton-Gore Administration helped secure $3 million to fund the memorial addition, which may be complete as early as this year.

Appointed the Most Diverse Administration in History. President Clinton has appointed a highly talented and the most diverse Administration in history, including the appointment of record numbers of people with disabilities in the White House and throughout the Clinton-Gore Administration. The Federal government now employs more than 100,000 employees with some type of disability. President Clinton's Administration appointees include: Judith Heumann, Assistant Secretary for Special Education and Rehabilitation Services; Paul Miller, Commissioner of the Equal Employment Opportunity Commission; and Fredric Schroeder, Commissioner of the Rehabilitation Services Commission. People with disabilities serve in the Departments of Education, Health and Human Services, Housing and Urban Development, Justice, Labor, State, and Transportation. President Clinton has also appointed people with disabilities to positions in such independent agencies as the National Council on Disability and the Social Security Administration, as U.S. District Court Judges, and to various Presidential Committees, Commissions, and Task Forces. In the White House, Jonathan Young is the first person with a disability ever appointed to serve as Associate Director for Disability Outreach in the Office of Public Liaison.

ALEXIS HERMAN ON EXPANDING EMPLOYMENT INITIATIVES

JOHN M. WILLIAMS, (Business Week) [email protected], writes:
A Talk with Labor Secretary Alexis Herman

She comments on race and disability bias and how to get people with disabilities into the workforce.

Alexis Herman is the first African American to hold the position of U.S. Labor Secretary. Since she took the post three years ago this May, she has focused the Labor Dept. on two major goals: better preparing the workforce for the New Economy and improving the quality of workplaces across the country -- which also means addressing the concerns of the disabled. She believes people with disabilities will provide a larger share of the future workforce. Recently, I sat down with Herman to discuss her initiatives. Here are edited excerpts from our conversation:

Q: What are your major initiatives for benefiting people with disabilities?

A: We've looked systemically at what keeps people with disabilities out of the workforce and asked what can we do to eliminate those barriers. We know that, in spite of today's strong economy, about three out of four people with disabilities who want to work are not working. How do we make it happen for them? The result, largely from recommendations by the Presidential Task Force on Employment of Adults with Disabilities, is the most comprehensive national-employment agenda ever.

Q: For example?

A: We passed the Work Incentives Improvement Act, which allows states to provide Medicaid benefits for people with disabilities who go to work and allows those with Social Security Disability Insurance new options to work without losing benefits. Workers with disabilities shouldn't have to choose between their health and their job.

The President also directed the federal government to become a model employer of people with disabilities. We will set the example for the private sector. Under the Rehabilitation Act of 1998, the federal government has to ensure that its Web sites, software, and hardware are fully accessible. The government buys huge quantities of software and hardware -- more than any other purchaser -- so this will help to change the whole industry, and as a result, accessibility will improve dramatically in the private sector.

Q: What's next?

A: In the budget for fiscal 2001, we have asked for funding of a new Office of Disability Policy, Evaluation & Technical Assistance. This office -- at this high level -- will ensure that every opportunity is made available to people with disabilities throughout the employment and training system.

I think from these key examples you can begin to get the picture of just how comprehensive our efforts have been. We want to ensure a workplace where people with disabilities are the familiar faces we work with everyday.

Q: How effective have these initiatives been?

A: They're brand-new, so it's too early to say. But we will evaluate them. That will be one of the functions of the new Office of Disability Policy, Evaluation &Technical Assistance, along with monitoring the employment rate of people with disabilities. We're even developing new statistical tools to do so. We know that the issues and barriers to employment are complex and require a comprehensive and collaborative approach from all federal agencies.

Q: How key is access to this collaborative approach?

A: People with disabilities know that inclusive mainstream employment leads to greater economic and social inclusion. So that's our focus - access, making sure that people with disabilities have the same access to training, to employment services, the same access to the state-run one-stop career centers that are becoming the essential bridge to jobs for everyone.

Q: What are the weaknesses of these initiatives?

A: As is often the case when you're trying to solve a long-standing problem, there is no single, surefire solution. But we've been fortunate to have the support of President Clinton and Vice-President Gore and widespread support in Congress. We expect the new disability office to be funded, and that will give us the means to evaluate what we've been doing and where we're going.

Q: But what happens after you leave office?

A: I think these initiatives will continue, because the need to include people with disabilities in our workforce is great and the reward for doing so is too large to be ignored. We've made it clear that people with disabilities must be a part of the workforce of the future.

Q: Why are you so concerned about this? Often, people become involved in the field of disabilities if they have someone in their family with a disability. Is that the case with you?

A: No, none of my family members has a disability. But I understand that people with disabilities have experienced a history of prejudice and discrimination that has nothing to do with their ability. As a black woman who grew up in the South, that's something I know about. It's only natural that I would care as much about ending discrimination against people with disabilities as I do ending discrimination against women and minorities.

Q: I understand that the 11 million unemployed people with disabilities are not included in the monthly unemployment numbers released by the government. Is this true?

A: It isn't that they're not included, but they're not identified as a separate category. The monthly unemployment figure represents all people aged 16 and over who are not employed but are looking for work or are on layoff.

We think an employment measure for people with disabilities would be helpful for policymakers, analysts, advocates, and others concerned with their labor-market status. We don't know how many people with disabilities are represented in the monthly employment number. And we need that information. Several federal agencies, including our Bureau of Labor Statistics, are working to develop a reliable way to measure the employment rate of people with disabilities.

Q: With everything that is known about the abilities of people with disabilities, why is it so difficult for them to be hired?

A: In many ways, it reminds me of my experience and the experience of other African Americans -- doors were closed simply because of your race. Too often, doors are closed to Americans with disabilities simply because of their disability. And because they have not had the opportunity to be in the mainstream, other people have not had the opportunity to learn from them. We must continue to work to change that pattern.

JOHN M. WILLIAMS
[email protected]

NATIONAL MUSEUM TO HAVE DISABILITY EXHIBIT

The National Museum of American History, http://www.americanhistory.si.edu, Smithsonian Institution will open an exhibit entitled "The Disability Rights Movement" on July 6th, 2000. Marking the tenth anniversary of the Americans with Disabilities Act (ADA), the exhibit examines the history of grass roots activism by people with disabilities, their friends, and families to secure the civil rights guaranteed to all Americans.

The exhibit consists of four showcases and is innovative in its design and aims for maximum accessibility. Web-based kiosks will provide visitors with alternative formats to experience the exhibit. The kiosks are prototypes for versions that will eventually be available to museums and other cultural institutions.

For information, call 202-357-2700 (Voice) or 202-357-1729 (TTY).

COMING SOON

http://www.disabilityhistory.org

ARTS, HISTORY & CULTURE, ONE STOP SHOP

http://www.disabilityresources.org/CULTURE-INDEX.html

FCC RELEASED NOTICE OF RULEMAKING ON CONSUMER EQUIPMENT

This one is important and bears patience reading. For those who feel strongly about this, you have the option to respond to this via comment procedure.

FCC has released a Notice of Proposed Rulemaking (NPRM) on Customer Premises Equipment (CPE or terminal equipment). This is a critical NPRM which may ultimately affect persons with disability and the "kind" of customer premises equipment will be needed. Customer premises equipment simply means terminal equipment (telephones and other equipment atthe end of telephone lines) supplied by either the telephone common carrier or by a competitive supplier, which is connected to the nationwide telephone network and resides on the customer's premises (like homes or offices).

eyes open & thumbs up,

Ed Bosson
RT Administrator

DISABILITY FRONTLINES

DEAF TEACHER UNABLE TO ASSIST IN LANGUAGE DEVELOPMENT, ARBITRATOR RULES

A deaf teacher would be unable to assist in the development of her students' language abilities, which is fundamental to the education of kindergarten or first grade students, arbitrator William E. Riker ruled.

The teacher lost her job when the district consolidated its school system and the number of deaf classes was reduced. The school district's certified audiologist stated that the deaf teacher could perform the job if she was given the right accommodations. The recommended accommodations were that she be given a teacher's aide to serve as an interpreter, new hearing aids with direct audio input, and a portable microphone and receiver system. The district refused. Both parties agreed the sole reason for the refusal to place her in the classroom was her hearing impairment.

The school district argued that it was not obligated to place the teacher in the requested job because she could not perform its essential functions, even with accommodations. "She cannot effectively teach language acquisition and phonics, manage a classroom of twenty hearing students, or communicate with parents and colleagues," the district said.

The arbitrator agreed. The ability to listen carefully to what children are saying, use questions to develop language, and generate conversation in a variety of situations are essential functions of a kindergarten or first-grade teacher's job, he said. Assigning the deaf teacher to that position would fundamentally alter those essential functions, which is not required by the ADA or the bargaining agreement, the arbitrator said.

(Editor's note, disapointing as it may be, this definately will be considered a very strong disincentive for people with hearing disabilities and discourage them from seeking employment opportinities away from SSI and SSDI or any other welfare programs)

AWARDS

Deaf Dude's Deaf Links

Educating Rural Deaf America, A Guide for Parents and Teachers

LETTERS

Richard:

If the government or school districts feel that a Deaf teacher cannot teach hearing students language acquisition, where do they get off thinking that a Hearing teacher can teach Deaf students language acquisition effectively. We should draw up some guidelines where Hearing instructors cannot teach Deaf children if they insist that Deaf cannot do the job. I feel insulted at that. I am a Deaf ASL College instructor teaching Hearing adults and I do a very good job of it. Hey, it is still language acquisition even if it is a foriegn or second language at that. The school district is being very narrow-minded: do not equate hearing loss with brain loss. If we could manage to get a degree in teaching, then that should prove that we are capable of teaching. I believe the children would learn a lot in the long run by being exposed to two different languages while learning their target language. You are correct in stating that this would really not encourage Deaf to try anything they want that they know they can do. Let's hear others opinions!!

Angelina Ortiz

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Hi my name is Diana Malfa and I am the publisher of the free ezine for the disabled called DisabledPerson.Com. We are contemplating doing our July issue on disabled teens and their prom nights. If any of you have an interest in writing about your prom night please e-mail me at [email protected] and I will give you instructions on how to send your story to us. Please visit our ezine at http://www.disabledperson.com to see if this is something that you would like to do.

Thank you.
Diana Malfa
Publisher DisabledPerson.Com

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Hi, Rick,

NJ started on May 15 new 711 Relay access code, I'm not sure if it's the same code for hearing party, but I was told they can use it too.

"Sunday Star-Ledger" stated today that NJ is a few USA states that has no independent watch dog bodies at all! Attorney General is appointing by Governor and 2 investigative bodies that occasionally challenged state officials were demolished by Christine Whitman in her the first term, however it seems she created several others fake watch dog bodies like RatePayer Advocate Office. Only Board Utilities is able prompt the Office initiate investigations for issuing suggestions for the Board Utilities actions, however state OCR refers complaints deaf people regarding discrimination to the Office! The only action the Office is authorized is sending complains to object the complaints, however the good think RatePayer Advocate sends copy their response to complainant upon request of course

Bell Atlantic and AT&T blatantly violate FCC provisions related services rendered to hearing impaired customers in trmterms charges. They paricular ignore mandated discount for TTY users. They both created 30% discount but only in one plan, to wit primary rate plan.

In addition AT&T excludes possibility for TTY users get service for several tens carriers! Only 7 carriers are allowed to provide long distance services, however one of them is a wholesaler and doesn't render retail services at all!

AT&T also allows use for TTY users only AT&T run Directory assistance and bill at Operator assisted rate - around $5 a piece! After several years fight, I was able force them bill me as direct dialed rate $1.5, however all my attempts to get Bell Atlantic run Directory assistance with access code 411 and rate $0.98 were defeated so far.

Board Utilities practically ignores any rates related complaints, that makes impossible for deaf community get any investigation related discrimination in particular, that makes NJ, I suppose a leader in discrimination TTY users particular.

Another good news, Editor "Monthly Communicator," newsletter run by Dept. Dead & Hard of Hearing, urged subscribers send suggestions regarding content the newsletter. Poor thing, he has no any idea what is matter to deaf community!

With regards
Lev

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RE: NC Schools for the deaf.
Open letter to Dr. Stephen Nover and Dr. Jean Andrews.
Dear Dr's. Nover and Andrews,

I anxiously skimmed through your commentaries [discussing your emotional reasons for keeping the NC schools for the deaf open] trying to find the beef. Not surprisingly, I was disappointed.

I won't even bother to get into a point by point rebuttal, (never mind pointing out all the misinformation) and I'll just leave that to your academic colleagues and future historians who will undoubtedly be making inquiries to find out just what the heck are you guys talking about.

The major point Dr. David Burton and the NC state auditor made was that residential schools for the deaf education in NC (as the same elsewhere) cost taxpayers TEN TIMES as much as mainstream education. Unfortunately, as we all know, and as the state auditor found out, we are NOT seeing a corresponding ratio in educational output. As further insult to taxpayers, the educational output of residential schools are lower than all other methods of educating the deaf. Adjusting a few figures here and there is not going to change THE BOTTOM LINE: Residential school grads still cannot read and write English despite millions and millions and millions of taxpayer dollars.

It is time for advocates of ASL & the Bi-Bi approach to "put up or shut up." Stop dancing around the issues with emotional appeals of "deaf culture" and "deaf languages" and SHOW US THE PROOF!!! If verifiable research evidence exists (cite authors and university) that clearly shows the Bi-Bi approach results in educational outcomes comparable to their hearing peers, please furnish it and we will be happy to confirm these results. If you don't have any proof, stop trying to drown us in bologna! You can't fool everybody indefinitely.

If you are indeed concerned about deaf education, why haven't you attempted to turn a residential school for the deaf into a Charter School? This would be a perfect opportunity to prove that the Bi-Bi approach actually works! I suspect the reason this hasn't happened is due to the fact a charter can be yanked after a few years if the predicted performance levels aren't met. This silence on this point is quite deafening!

Tom Bertling, Book Editor

PO Box 1029-E
Wilsonville, OR 97070
FAX: 503-625-4087
[email protected]

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