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July 1, 2009 Bulletin

We post our bi-weekly bulletin here on the "What's New" page, to keep you up to date on disability-related resources, news, and other items of interest. This information is being provided solely for non-commercial, nonprofit educational purposes, including news reporting and research. It is not intended for commercial purposes. Further, we understand that our readers generally read the articles and information online, at the Web sites provided in the hypertext links, rather than relying solely on our synopses or copies. We are not responsible for the accessibility or the content of other Web sites. Please be aware that some links provided are time sensitive, and may become inactive at any time.

We include links to articles, editorials and opinion pieces, press releases, and other materials that represent diverse perspectives. Inclusion does not imply endorsement of any products, services, sources, information, or opinions expressed in these materials.

Use the DBTACs' customized news feeds to check out disability-related stories that are gathered by an automated agent on an ongoing basis.

Visit the Training page for a listing of ADA and disability related trainings, meetings, and conferences.

General / ADA

Assistive Technology / Information Technology

Housing

Education

Editorial/Opinion

Research
Check this section for opportunities to submit comments on various topics or proposals, and visit our new "Research" page to learn more about opportunities to participate in surveys and research studies.

"Nearly New" News
Check this section for previously posted items that still deserve attention!

___________________________________________________

General / ADA

Madison Man Tussles with Police Over Service Dog (WI)

This article is from the Wisconsin State Journal. A Wisconsin man says he's been fighting a continuing battle to be able to take his service dog, into local businesses and other places permitted by law.

For People with Disabilities, Voting Process Improves (FL)

This article is from the Florida Times-Union. A lawsuit was filed in Jacksonville, Florida against Duval County's supervisor of elections in 2001, claiming discrimination. In 2002, the Help America Vote Act mandated better accessibility and provided funding. Gov. Jeb Bush installed a new supervisor in 2004. By last November's election, every polling place in Duval County was accessible and all had adaptive voting machines that allowed people with disabilities to vote by themselves. The situation is not as rosy nationwide, where, according to a recently released government report, a third of polling places failed to accommodate voters in wheelchairs and nearly a quarter gave people with disabilities less privacy in the voting booth.

Discrimination Complaints Hit a Record (DC)

Apparently, it's still a booming market for housing discrimination. There were 10,552 formal complaints of housing discrimination during fiscal year 2008, which ended Sept. 30. That's a record, according to the Department of Housing and Urban Development, which recently published the numbers as part of an annual report to Congress. People with disabilities filed the largest number of complaints, 44 percent. People complaining of racial discrimination filed the second-largest share, 35 percent. Complaints based on family status comprised 16 percent, followed by national origin, sex, retaliation, religion and color.

Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act of 2008

Status Update: On June 17, 2009, the Commission voted to approve a proposed Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the Amendments Act. The proposed NPRM is now sent for comment by other federal agencies pursuant to Executive Order 12067 and for approval by the Office of Management and Budget. When this process is completed, the Commission will publish its NPRM for public comment. You may continue to check the EEOC website for periodic updates. The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations.

DOJ Releases New Guide on Accessible Meetings

The Department of Justice (DOJ) recently published new ADA guidance on conducting accessible and inclusive meetings. The 28-page guide, "Accessible Information Exchange: Meeting on a Level Playing Field," covers access to meeting sites as well as presentations, printed materials and other forms of communication. Information is provided on how to evaluate the accessibility of meeting rooms, parking, routes and entrances, and restrooms. This guidance also covers the layout of meeting spaces, accessible circulation and seating, provision of printed materials in accessible formats, and making audible communication accessible through assistive listening systems, real-time captioning, and sign language interpretation.

Access Board Issues Guidance on Accessible Pedestrian Signals

Product innovations and improved technologies have enhanced the accessibility of pedestrian signals now on the market. Low-volume audible signals and tactile features have been incorporated into the design of products to provide access to pedestrians with vision impairments more effectively. The industry standard, the Manual on Uniform Traffic Control Devices, includes specifications for accessible pedestrian signals which derive from recommendations developed by a former Board advisory panel, the Public Rights-of-Way Access Advisory Committee. The publication, which includes an installation checklist, is available on the Board's website at www.access-board.gov/research/pedestrian-signals/bulletin.htm along with other resources on accessible public rights-of-way.

Justice Department Intervenes in Americans with Disabilities Act Lawsuit against Transportation Provider (MS)

The Justice Department announced that it has moved to intervene in a lawsuit filed in federal court in Jackson, Mississippi, challenging inaccessibility in Jackson's public transportation system. The pending lawsuit, filed by 11 residents of Jackson with disabilities and two non-profit organizations that work on behalf of people with disabilities, alleges violations of the Americans with Disabilities Act and the Rehabilitation Act of 1973 (ADA).

Coverage for Autism and Developmental Disability Treatments in New Jersey Quickly Moving towards Reality

Assembly Speaker Joseph J. Roberts Jr. today praised the Senate Budget and Appropriations Committee for releasing legislation he's sponsoring to make New Jersey the 11th state to require health insurers to cover treatments for autism and other developmental disabilities.

Civil Rights Workshops

The Federal Transit Administration's Office of Civil Rights is in the process of conducting three-day trainings on FTA's civil rights requirements in FTA regional office cities. The training will review Federal laws, regulations, executive orders, and guidance covering the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, and the U.S. Department of Transportation's Disadvantaged Business Enterprise Program. Participants will also have the opportunity to provide FTA with feedback on challenges and opportunities that they have experienced in implementing Federal civil rights requirements and to share examples of effective or promising practices that could be adopted by transit agencies or community-based organizations. The next events will be in Los Angeles, CA (July 8-10) and Cleveland, OH (August 5-7).

Disaboom Launches Disability Organizations Directory

This article is from Business Wire. Disaboom, Inc., an online resource for people with disabilities, today announced the release of its online Disability Organizations Directory. Disaboom's extensive directory identifies over 450 organizations that provide disability services, the bulk of which are nonprofits, government agencies, and education services. The directory ranges from organizations on the local level to the international level.

U.S. Labor Department Announces 'Expectation + Opportunity = Full Participation' as National Disability Employment Awareness Month Theme

The U.S. Department of Labor announced "Expectation + Opportunity = Full Participation" as the official theme for October's National Disability Employment Awareness Month. It is intended to urge employers, as they seek to fill positions, to embrace the richness of America's diversity by considering the talents of all workers, including workers with disabilities. This year's theme emphasizes the vision of the Labor Department's Office of Disability Employment Policy (ODEP): a world in which people with disabilities have unlimited employment opportunities.

Ever Wanted to Serve on a National Committee?

Here is an announcement from the U.S. State Department - they are looking for nominees of committee members for an advisory committee on Persons with Disabilities for the Department of State and US AID.
[Public Notice Number 6629] Request for New Member Applications for the Advisory Committee on Persons with Disabilities

SUMMARY: Applications are being solicited to fill two (possibly 3) vacant positions on the Advisory Committee on Persons with Disabilities of the U.S. Department of State and the U.S. Agency for International Development. Established on June 23, 2004, and re-chartered on July 3, 2008, the Advisory Committee on Persons with Disabilities serves the Secretary of State and the Administrator of the Agency for International Development in an advisory capacity with respect to the consideration of the interests of persons with disabilities in formulation and implementation of U.S. foreign policy and foreign assistance.

Solicitation for Grant Applications - Registered Apprenticeship for Youth and Young Adults with Disabilities

The U.S. Department of Labor's Office of Disability Employment Policy and Employment and Training Administration's Office of Apprenticeship announce the availability of approximately $400,000 to fund two Registered Apprenticeship for Youth and Young Adults with Disabilities cooperative agreements. There will be a Prospective Applicant Webinar held for this grant competition. The date of this webinar will be posted on this site. Applications must be received by July 15, 2009.

Assistive Technology / Information Technology

Serotek Releases "Accessible Event(TM)"

Serotek Corporation, an online provider of internet and digital information accessibility software and services, released Accessible Event(TM) in a press conference at the National Press Club in Washington, DC. The accessible, online platform makes group meetings, webinars, lectures and other events accessible to the blind, deaf and blind/deaf.

Plug-And-Play Kit Makes Checkouts Friendlier For Hearing Impaired

This article is from Integrated Solutions for Retailers Magazine. Pan-Oston, a provider in smart retail counter and checkout solutions made available, a simple kit that enables retailers, health-care providers, airlines, hotels, libraries, businesses, as well as government and private service organizations to unobtrusively and directly assist hearing aid wearers. Shop HearTM and Service HearTM upgrade kits combine sophisticated electronic induction loop circuitry along with the amplifier, microphone/(s), power and connecting cables and signage to quickly convert any service or checkout counter to a Hearing Impaired friendly point of communication.

Making Video Games More Accessible

This article is from the Examiner. Playing a video game is usually not a physically intensive activity. For disabled individuals, however, even the relatively simple act of playing a video game is a struggle. These barriers often mean gaming is impossible. In recent years, however, game developers have tried to accommodate the needs of this previously untapped market.

Housing

HUD to Offer Housing Assistance to 4,000 Americans with Disabilities

The U.S. Department of Housing and Urban Development today joined President Obama's commemoration of the tenth anniversary of the Supreme Court's Olmstead decision by announcing that it will offer rental assistance to 4,000 non-elderly families with disabilities, including 1,000 vouchers specifically targeted to those transitioning out of nursing homes and other care facilities. Through its funding notice, HUD is seeking comment from public housing authorities and others to ensure this critically needed assistance is distributed and administered in the most effective manner possible.
Today's announcement coincides with the tenth anniversary of the Supreme Court's ruling in Olmstead v. L.C. & E.W. which affirmed the rights of individuals with disabilities to live independently. To commemorate this landmark decision, President Obama declared 2009 the Year of Community Living.

Education

Court Rules ADHD Student Entitled to Private Ed

The Supreme Court ruled on Monday that parents of special-education students may seek government reimbursement for private school tuition, even if they have never received special-education services in public school. The decision could help disabled students obtain needed services. The court ruled that the school district must provide reimbursement for the cost of private special education services when the district fails to provide a free and appropriate public education and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school.

Editorial/Opinion

British Worker with Artificial Arm Sues US Clothing Store

A woman with a prosthetic arm took US clothing store Abercrombie & Fitch to a tribunal Wednesday, saying she was forced to work in its stock room because she did not fit its "look policy". The 22-year-old law graduate, who was born with no left forearm, is reportedly seeking up to 20,000 pounds from the clothing giant, a favorite with teenagers and twenty-something's. She alleges disability discrimination and breach of contract, accusing company employees of "bullying" and "debasement". She says she was given permission to wear a cardigan to cover her arm when she was first hired, before being told a few days later the cardigan did not comply with the firm's dress code, also known as the "look policy".

Autism and the Complexities of American Justice

How does our system of justice come to terms with those who have autism and may be wrongly influenced by authority figures to waive their rights? How well might a person with more severe autism understand his Miranda rights, or is easily coerced into agreeing to anything? And how do we as a public react to those with autism -- or any sort of developmental delay for that matter -- when it comes to how such individuals are treated by the courts and law enforcement? Read how one parent has had to deal with all of these issues and how the judicial system has failed her and her son.

Research

Visit our "Research" page to learn more about opportunities to participate in surveys and research studies.

"Nearly New" News

Checklist for the Universal Design of Projects

This article was published by the University of Washington, Seattle, WA. The article discusses how to make facilities, information and activities accessible and usable to all. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 mandate that no otherwise qualified person with a disability shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in public programs.

DOL Publishes Final Regulations for FMLA,
Which Will Become Effective on January 16, 2009

The Department of Labor has published the revised final regulations under the Family Medical Leave Act, which will become effective on January 16, 2009.

FCC: New Ten-Digit Numbering and Emergency
Call Handling Procedures for Internet-Based
Telecommunications Relay Services

Beginning on December 31, 2008, persons with hearing and speech disabilities using Video Relay Service (VRS) or Internet Protocol Relay (IP Relay) - two forms of Internet-based Telecommunications Relay Service (TRS) - will be able to obtain ten-digit telephone numbers. This ten-digit number requirement was adopted by the Federal Communications Commission (FCC) in conjunction with 911 call handling requirements for VRS and IP-Relay providers.

TRS calls made through the traditional telephone network will automatically pass along to the called party signals that help identify the caller's location. As a result, relay providers will know the caller's location, and can therefore route the call to the appropriate emergency personnel to respond. This routing is not currently possible with the Internet-based forms of TRS, because calls do not pass along location information. The FCC has now adopted rules to address this situation by requiring VRS and IP Relay providers to obtain location information from relay users obtaining ten-digit telephone numbers. The new rules ensure that VRS and IP Relay users are provided with 911 service that is comparable to the 911 service provided to traditional telephone users.

Expanded Regulations to the Air Carrier Access Act
Include Foreign Carriers

The U.S. Department of Transportation (DOT) issued new regulations under the Air Carrier Access Act which prohibit discrimination by air carriers on the basis of disability. The new rule updates and reorganizes existing regulations which were first issued in 1990 and supplemented and clarified over the years. The regulations cover boarding and aircraft access, including seating, lavatories, mobility aid storage and transport, and provision of onboard wheelchairs, as well as air carrier policies and practices, terminal accessibility, and other topics. Most provisions remain substantively unchanged, but they have been reorganized into a new subject-based framework and format for greater clarity.

Succeeding in College and at Work:
Students with Disabilities Tell Their Stories

The DBTAC: New England ADA Center and No Limits Media released four fresh and informative videos. In these videos, college students with disabilities share strategies they used to succeed at staying in school, graduating, and landing jobs. Students discuss the issues of self-reporting and negotiating accommodations in school and at work. The videos can be viewed online; DVDs are also available.

"You Are Us:
What Every Lawyer Needs to Know
about Representing Disabled Clients"

This article from the Oregon State Bar Bulletin offers information on ADA requirements, as well as ethical practices, for attorneys.

Legal Rights
of Individuals with Hearing Loss

The Better Hearing Institute (BHI) published a guide entitled "Hearing Solutions -- Legal Rights Guide for Individuals with Hearing Loss." The guide, written by an attorney who practices in the area of employment law, discusses the ADA and other relevant laws, such as the Telecommunications Act.

TEITAC Presents Report
on Updated 508 Standards

The Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) presented its report on updating accessibility criteria for information and communication technologies. The report recommends revisions to the standards for electronic and information technology covered by Section 508 of the Rehabilitation Act and guidelines for telecommunications products under Section 255 of the Telecommunication Act.

New Guide Published
on Rights-of-Way Alterations

Accessible Public Rights-of-Way: Planning and Designing for Alterations explains how to maximize accessibility in the course of alterations through careful planning, an understanding of current regulations and access criteria, and strategies for negotiating constraints.

The guide, posted in its entirety at the Access Board's web site, was published by the Institute of Transportation Engineers, with support from the U.S. Access Board.

Access Board:
Supplementary Information
to ADA and ABA Guidelines

The U.S. Access Board added supplementary information on its Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) guidelines. This information, which does not affect the substance of the guidelines, provides information on the adoption of enforceable standards, including effective dates, for new ADA standards adopted by the U.S. Department of Transportation and updated ABA standards implemented by the General Services Administration and the U.S. Postal Service.

DOJ: ADA Best Practices Tool Kit
for State and Local Governments

The U.S. Department of Justice issued a new technical assistance document designed to assist state and local officials to improve compliance with the ADA.

The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities.

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