Region V News - Summer 1998

 

Harris Poll Results

The Harris Poll results were released in July indicating that Americans with disabilities are still facing gaps in securing jobs, education, accessible public transportation and in many areas of daily living. These findings were presented in a new U.S. survey of 1,000 adults with disabilities commissioned by the National Organization on Disability (NOD) in cooperation with Louis Harris & Associates. The survey has a sampling error of plus or minus 4 percentage points.

The highlights of the survey include revealing findings about the workforce. The research exposed significant gaps between the employment rates of people with disabilities who work versus the working non-disabled. Only 29% of people with disabilities of working age (18-64) work full or part-time, compared to 79% of the non-disabled population, a gap of 50 percentage points. Of those people with disabilities of working age who are not working, 72% say that they would prefer to work.

In addition to the workforce findings, the research also indicated that a third (34%) of adults with disabilities live in households with a total income of $15,000 or less, compared to only 12% of people without disabilities. Also, approximately one in five (20%) adults with disabilities have not completed high school, compared to 9% of adults with no disabilities.

Chairman of Louis Harris & Associates, Humphrey Taylor commented, "The purpose of this research is not just to measure the gaps in key life areas between people with and without disabilities, but to provide information to help close them."

The survey compiled information from answers to 145 questions on life activities important to people with disabilities. Other areas surveyed include community, individuals, education, religious services and health care. For more information or to order a copy of the Harris Poll ($95 or $60 for disability organizations) contact NOD at (202) 293-5960 (V) or (202) 293-5968 (TTY). The Executive Summary is available at www.nod.org

Source: NOD

Director’s Note

Greetings! Changes within the Great Lakes Disability and Business Technical Assistance Center (GLDBTAC) are almost complete. I would like to take this opportunity to welcome two new people to our staff. The extensive search process allowed me the opportunity to hire very strong individuals with backgrounds that complement our existing staff and regional needs. I encourage you to read their introductions in this newsletter and take the time to introduce yourself to them on the phone or in person. I trust you will be pleased with the expertise and perspectives that we have added.

The addition of new staff is not the only change that has taken place. The GLDBTAC is now part of the new Department on Disability and Human Development at the University of Illinois at Chicago. This is an exciting development and will provide new opportunities for us to work with students pursuing graduate degrees in disability- related fields. For more information on the educational opportunities offered by this new department, call (312) 413-1647 or visit www.uic.edu/depts/idhd

Robin A. Jones, Project Director

Welcome the New DBTAC Staff

Jennifer Bowerman has joined the Great Lakes Disability and Business Technical Assistance Center (GLDBTAC) as Associate Director for Training and Technical Assistance. Prior to joining the GLDBTAC, Jennifer was the Director of Education for the National Center on Accessibility (NCA) for the last three years. At NCA, she was responsible for its national accessibility training program geared for parks and recreation professionals. She has worked both as a trainer and technical assistance specialist with expertise in accessibility standards, universal design and access to playgrounds and outdoor recreation environments. Jennifer has also served as the ADA Coordinator for the Rockford, Illinois Park District. There she trained park district staff on accessibility issues, facilitated the district’s citizens advisory committee for barrier removal and assisted the municipality with prioritizing accessibility improvements. Jennifer is a graduate of Indiana University and a loyal Hoosier basketball fan.

Sarah Durbin is the new Associate Director for Administration and Special Projects at the GLDBTAC. Her responsibilities as Associate Director include overseeing and participating in many of the administrative duties at the Center such as finances, grant writing, statistical reporting, program development and providing technical assistance. Prior to her new position at the GLDBTAC, Sarah was the Executive Director of the Northwestern Illinois Center for Independent Living, in Rock Falls, Illinois. Coming from the Independent Living movement, she has a true appreciation for the Americans with Disabilities Act and understands firsthand how this piece of legislation can have a positive impact on the lives of people with disabilities. Sarah is excited about her move to the Chicagoland area and looks forward to meeting people in the near future.

Accessible Congregations

The National Organization on Disability (NOD) has launched an unprecedented campaign to enhance greater religious opportunity for Americans with disabilities. The Accessible Congregations Campaign is administered by NOD’s Religion and Disability program and is seeking the commitment of 2,000 congregations of all faiths to welcome people with disabilities as full and active participants by the Millennium.

To qualify as an Accessible Congregation and to receive a certificate, a house of worship must commit to the following three principles: 1) people with disabilities are valued as individuals, having been created in the image of God; 2) removal of architectural, communication and attitudinal barriers that exclude people with disabilities; and 3) people are encouraged to practice their faith and use their gifts in worship, service, study and leadership.

For more information, contact NOD at (202) 293-5960 (V), (22) 293-5968 (TDD) or e-mail religion@nod.org

Source: NOD press release

Shell Gas Station Settlement

In what is believed to be one of the most comprehensive settlements to date under the Americans with Disabilities Act, plaintiffs in a national class action lawsuit have reached an amicable settlement with Equilon Enterprises LLC and Shell Oil Products Company. The two companies now own, lease and/or operate approximately 3,000 Shell gas stations across the country. The settlement will result in greater access for people who use wheelchairs and other people with mobility disabilities.

A team headed by the California-based Disability Rights Education and Defense Fund, Inc. (DREDF) represented the plaintiffs. A plaintiffs’ attorney stated that "with this agreement, Equilon and Shell Oil Products have demonstrated their strong commitment to their customers with disabilities and to compliance with the ADA." By making thousands of gas stations more accessible, people with disabilities will be able to travel more independently.

A Federal Court District Judge must still approve the settlement. Under the settlement, Equilon and Shell Oil Products Company have agreed to conduct accessibility surveys at thousands of Shell gas stations nationwide and make significant accessibility improvements where needed to all areas of the station. The companies also agreed to provide training and implement policies that will be of greater assistance to their customers with disabilities.

John Greener, who uses a wheelchair and is one of the lead plaintiffs in this case was pleased by the settlement. Stating "I am glad to be a part of this precedent-setting case that will make it easier for persons with disabilities to buy gas, shop at convenience stores and use other facilities at gas stations across the country."

The settlement process will take several months to complete. If you are a member of the plaintiff class and have questions about the settlement, call DREDF at (800) 964-9096.

Source: DREDF Press Release

Hays City Ruling

A District Judge ruled in the case LINK v. City of Hays that the city of Hays, Kansas must ensure all new businesses are accessible before any building permits are issued. In addition to the judge’s ruling on new construction, he also ordered the city to enforce the Americans with Disabilities Act (ADA) requirements for businesses named in the pretrial conference as having been constructed after the 1994 legislative decision that made ADA compliance the responsibility of the city. The judge stated that "The city may, in its discretion, utilize any reasonable enforcement tools necessary to assure compliance."

The city was also ordered to

  1. Develop procedures for determining if efforts at compliance are sufficient in a particular case, including obtaining advisory opinions from agencies versed in ADA requirements,
  2. Develop procedures to notify businesses of noncompliance and allow them to be heard and
  3. Develop procedures for acting upon complaints of noncompliance. The judge also ordered the city to give a written report every three months on its progress.

The plaintiff party stated that "it’s good for business, it’s good for the community as a whole." The defendants are considering an appeal.

The ruling dealt strictly with buildings constructed in Hays after compliance became the responsibility of the city building inspector. The judge found that the city of Hays has no means of screening building plans for accessibility and that the city has "failed to adequately perform on its statutory obligations" and that "this failure is not reasonable." It should be noted that Kansas has adopted the ADA into state statute.

Source: Hays Daily News

Employment

The Equal Opportunity Commission (EEOC) is responsible for enforcing Title I of the Americans with Disabilities Act (ADA) and is authorized to bring civil actions under that title as it applies to private employers, employment agencies, labor organizations and labor-management committees. The following report is a compilation of some ADA lawsuits brought by the EEOC and the ADA cases the EEOC has pursued in the Great Lakes region at the appellate level or has participated as amicus. For more information, questions or other assistance, contact Sheryl Powers at the EEOC’s Office of the General Counsel at (202) 663-4702 or access the full EEOC litigation report at www.eeoc.gov

Active Cases

EEOC v. Helcris, Inc. d/b/a Vogue Cleaners  Issue: hiring: The defendant withdrew a job offer from the charging party because of her record of disability (carpel tunnel syndrome) and because the defendant regarded her as disabled. The defendant asked unlawful pre-employment questions.  Filed: August 15, 1997.  Contact: Indianapolis District Office (317) 226-7204

EEOC v. Sears, Roebuck and Co.  Issue: reasonable accommodation: The defendant refused to provide reasonable accommodations to the charging party, who had diabetes and consequent problems with her leg which prevented her from walking long distances. She had requested accommodations such as being allowed to park closer to her workstation and eat lunch in the stock room.  Filed: June 12, 1997.  Contact: Chicago District Office (312) 353-2713

EEOC v. Rush Prudential Health Plans  Issue: reasonable accommodation: The defendant failed to make a reasonable accommodation for the charging party, who had been on disability leave due to breast cancer. The requested accommodation was to return her to her Team Leader position or place her in a vacant position for which she was qualified. The charging party was terminated.  Filed: May 27, 1997.  Contact: Chicago District Office (312) 353-2713

EEOC v. Young Men’s Christian Association of New Castle, Inc. d/b/a Wittenbraker YMCA  Issue: hiring: The defendant refused to hire the charging party in a maintenance position because of her disability (deafness).  Filed: May 20, 1997.  Contact: Indianapolis District Office (317) 226-7809

Appellate and Amicus Cases

Buck v. Fries & Fries, Inc. 6th Circuit (MI)  The plaintiff, a chemist, suffered a brain injury that caused cognitive and physical difficulties. His employer would not allow him to perform lab experiments, an integral part of his regular job performance. The defendant hired an outside consultant who determined the plaintiff represented a safety risk. The plaintiff took a long term disability leave and Social Security benefits, but continued to send expert reports to the defendant stating that he should have the opportunity to demonstrate his skills in a lab setting. The plaintiff was fired after his long-term disability ended. The district court held he was not a qualified individual and that he could not state a retaliation claim. The issues are 1) does seeking Social Security benefits override an ADA action, 2) does an ADA plaintiff have to be "qualified" to file a retaliation claim and 3) did the defendant meet its burden of proving direct threat. An amicus brief was filed by the EEOC. Call (202) 663-4736 for more information on this case.

Washington v. HCA Health Services of Texas, Inc. 5th Circuit (OH) Washington, who has a degenerative rheumatoid disease that would leave him bedridden without medication, alleged the defendant violated the ADA by refusing his request for an accommodation and then terminating him based on his disability. The defendant stated that Washington does not have a disability because with medication his only limitation is that he cannot work more than fifty hours per week. The issue is whether a court should determine whether an impairment is a disability within the meaning of the ADA without considering the effects of measures that alter the severity of the impairment. Call (202) 663-4736 for more information on this case.

Source: EEOC

Resources

Everyone's Welcome: The Americans with Disabilities Act and Museums Editor: John P.S. Salmen.  Publisher: American Association on Museums (AAM), Prices: (add for shipping/handling)
manual: $25 member/$30 nonmember, video: $40/$35, video and manual package: $55/$65.  This manual is the collaborative effort of the Department of Justice (DOJ) and the AAM. Included with the manual are four supplemental documents from the DOJ. For more information, call (202) 289-9127(V), (202) 289-8439 (TTY) or e-mail bookstore@aam-us.org

National Limb Loss Information Center (NLLIC) is an information clearinghouse that provides comprehensive resources to people who are missing limbs, as well as to their families, friends and healthcare providers. NLLIC will provide answers to questions regarding care options, referrals to health care providers and rehabilitation professionals, reference materials regarding prosthetic technology and peer support, as well as addressing additional issues from a consumer's perspective. For more information, call NLLIC toll-free at (888) 267-5669 or visit http://www.amputee-coalition.org/

Deaf Watch is an education project providing legal and advocacy resources to individuals who are deaf, including a monthly e-mail newsletter with advocacy and deaf-related news. For more information, visit www.deafwatch.com or e-mail Deaf@activist.com.

Assistive Media is a nonprofit service that produces on-line audio recordings of literary works. www.AssistiveMedia.org

Institute on Independent Living provides information, educational materials and an on-line library on disability rights and independent living issues. www.independentliving.org

Congress-related products and services allows you to locate your federal representatives, learn how to communicate with people in Washington DC, read federal legislation info and check updates on specific advocacy and association issues. www.congress.org

Disability Social History Project is a community history project to detail and reclaim the rich history of disability. Web-site visitors are asked to participate and contribute. www.disabilityhistory.org

Heath Resource Center of the American Council on Education is a national clearinghouse on post-secondary education for people with disabilities. Information on support services, opportunities on American campuses, vocational-technical and other post-secondary training entities is provided. www.acenet.edu/Programs/HEATH/home.html

Disability Link Barn provides a number of links to disability-related sites, organized by subject area.  www.accessunlimited.com/links.html

Institute for Global Communications provides alternative resources for women with disabilities.  www.igc.org/pwd/women.htm

The Disability Rights Education Defense Fund (DREDF)
The DREDF has produced commemorative materials as a result of a twentieth anniversary celebration of the signing of regulations to implement Section 504 of the Rehabilitation Act of 1973. The items available for purchase include a commemorative book ($12.50), video ($22.50) and radio documentary ($12.50). The items were published and produced by the 504 20th Anniversary Celebration Committee. For more information or to order an item, call Julie Drucker at (510) 644-2555 or e-mail 504anniv@dredf.org

An Electronic Search Program for compliance with the Americans with Disabilities Act (ADA) is now available from Castle Lake Software. The ADA compliance package includes the ADA, ADA Accessibility Guidelines (ADAAG), ADAAG checklist, Architectural Barriers Act, Uniform Federal Accessibility Standards (UFAS), UFAS checklist and the Rehabilitation Act of 1973. This software allows for easy access and searches by words or phrases. For more information or for a free demo disk, call Castle Lake Software (800) 377-3775 or e-mail castle@ovnet.com

Delta Society is an organization that promotes animals helping people improve their health, independence and quality of life by expanding awareness of the positive effects animals can have on people, reducing barriers to the involvement of animals, delivering animal-assisted therapy and increasing the availability of well-trained service dogs. A number of resources are available for purchase. For more information, call (800) 869-6898 or visit www.deltasociety.org

Spanning the States

Wisconsin

ADA for Wisconsin, Wisconsin’s state steering committee, has joined a national planning effort to celebrate the Millennium. The planned events include a march highlighting civil right successes both nationally and statewide. Legislatively, the steering committee supported Wisconsin Act 112, which was passed. The Wisconsin Act changes language from "handicapped" to "person with a disability" and "handicap" to "disability." The steering committee also submitted their 1999 work plan and continues to create alternative formats of their existing publications. For more information, visit www.dhfs.state.wi.us (then click on disability).

Ohio

ADA Ohio, Ohio’s state steering committee, has been under new leadership. Mary Lynn Vaughan joined ADA Ohio as Executive Director at the end of March. Also new on board is a student intern who will begin working with ADA Ohio’s three part-time staff people this fall. ADA Ohio is developing Public Service Announcements for both radio and television to promote general awareness of their existence and resources. Other activities include establishing a communication network by identifying a contact in each county of the state and revamping their existing materials. ADA Ohio is also providing a statewide training for the Board of Realtors on general ADA issues and is in the beginning stages of working on a pilot project regarding a hotel/motel access study in Franklin County. For more information, visit www.ada-ohio.org

Minnesota

ADA Minnesota, the state steering committee, has undergone major changes. As the result of a huge marketing effort, ADA Minnesota has a new look, logo, name and toll-free number. Also fairly new to Minnesota is Ann Roscoe, the steering committee staff person, who began work in early April. ADA Minnesota has funded two $2,000 projects through mini-grants. One project involves developing ADA information for cancer survivors and the other involves working specifically with low-income communities in the Twin Cities. Other activities include the production of a national Hmong video in their native language on the ADA, a two-part Chicano Latina conference in September and an advanced Title I training in October. For more information, visit www.macil.org/mcil/mn_ada.htm

Michigan

The Michigan ADA Steering Committee has five consumer trainings on general ADA information planned this September in the Upper Peninsula. The committee has also provided funding through their mini-grant program to six organizations totaling over $11,000. The committee has a new member, James McGaugh who is from ADAPT Consulting. This fall the committee will be distributing and exhibiting their materials at various conferences and expositions around the state. Also, if interested in the consumer Needs Analysis that MI completed, contact Tom Masseau at (517) 374-4627.

Illinois

The Illinois Steering Committee is now known as ADA for Illinois. Currently, they are working with the Illinois State Board of Education to promote ADA awareness in schools. They have also been surveying state chambers of commerce to evaluate their ADA knowledge. They have completed their bylaws and established three new committees, which are training, legislative and membership. In October, Aileen Mayka will co-chair the committee, replacing Kim Paarlberg. Starla Norris will remain as the other co-chair.

Indiana

The Indiana steering committee completed a NCAA training on employment and accessibility. They have funded five collaborative grants. In July, they participated in an ADA celebration focusing on Title II implementation among state agencies. The committee will be conducting joint meetings with community councils on accessibility throughout the state in the upcoming months. For more information, visit www.isdd.indiana.edu\~cpps\ada.html

Detectable Warnings

The Access Board is responsible for issuing guidelines to assist the departments of Justice and Transportation in establishing accessibility standards for newly constructed or altered facilities under the Americans with Disabilities Act (ADA). In 1991, the Access Board issued ADAAG which required that a pattern of raised truncated domes be built in or applied to walking surfaces at certain locations within a site to warn pedestrians who are blind or visually impaired of hazards in their path. The detectable warnings were required at curb ramps, hazardous areas where vehicular ways adjoin pedestrian ways and there are no curbs, reflecting pool edges that are not protected by railings, walls or curbs, and at platform edges in transportation facilities that are not protected by screens or guard rails.

In 1994, the Access Board with the Departments of Justice and Transportation initially suspended the requirements for detectable warnings until July 26, 1996 pending the results of a research project on the need for detectable warnings. The research indicated that detectable warnings were useful to some people, however they only had a modest impact on overall performance because, in their absence, pedestrians who are blind or visually impaired used other cues. The research suggested that other technologies, which may be less costly and equally effective, be investigated to provide warnings at intersections.

In 1996, the detectable warning requirement was again suspended until July 26, 1998 to allow an advisory committee to conduct a review of ADAAG and make recommendations. The advisory committee recommended detectable warning requirements for platform edges be retained. The committee did not recommend providing detectable warnings at any other sites, however, it suggested establishing the appropriateness of providing detectable warnings before other sites are considered.

Because the Standards for Accessible Design must be consistent with the guidelines published by the Access Board, the Access Board has currently proposed to extend the suspension to July 26, 2001. By July 2001, ADAAG and the Standards for Accessible Design are expected to be revised and updated.

For more information, call the Access Board (800) 872-2253 (V), (800) 993-2822 (TTY), or visit www.access-board.gov

Source: Access Board

Status of Rule or Notice

Proposed

Over-the-Road Buses (S21) Revised guidelines proposed (3/25/98); comments under review. Next action: Board and DOT will jointly publish final rule in the fall of 1998.

Play Areas (S35) Guidelines proposed (4/30/98), comments received. Next action: Review comments, then issue final rule.

Water Vessels Notice of intent to establish Advisory Committee (3/30/98). Next action: Board to publish notice on membership of advisory committee.

Upcoming

Outdoor Developed Areas Regulatory negotiation is underway to develop proposed guidelines for public comment. Next action: Board will publish proposed rule for public comment in 1999.

Recreation Facilities The Board is working on proposed guidelines for recreation facilities (sports facilities, including swimming pools and saunas; places for amusement; and golf, boating and fishing facilities). Next action: Board will publish proposed rule for public comment in the winter of 1998 .

ADAAG Review/Federal Facilities/Housing The Board will revise ADAAG, update the guidelines for federally-funded facilities covered by the Architectural Barriers Act (ABA) and update the housing guidelines in one ruling. Work on this rule should be complete by September. Next action: Board to publish proposed rule for public comment.

For more information, visit www.access-board.gov/pubs/acurrent.htm

Source: Access Currents Vol.4, No.3 May/June 98

Supreme Court Opinion on HIV Case

The United States Supreme Court delivered its opinion regarding the Bragdon v. Abbott case. Abbott has been infected with the human immunodeficiency virus (HIV) since 1986. At the time of the events leading to the inception of this case, her infection had not manifested its most serious symptoms. In September 1994, Abbott went to Bragdon’s office for a dental appointment. She disclosed her HIV infection on the patient registration form. Bragdon completed a dental examination, discovered a cavity, and informed Abbott of his policy against filling cavities of HIV-infected patients. He offered to perform the work at a hospital with no additional fee for his services, though Abbott would need to cover the cost of using the hospital’s facilities.

In the court’s stated opinion, they held that Abbott’s HIV infection constituted a disability under the Americans with Disabilities Act (ADA). This decision was based on the fact that her HIV infection was a "physical or mental impairment that substantially limits one or more major life functions." Prior to the enactment of the ADA, there was an unwavering line of administrative and judicial interpretation that asymptomatic HIV was a disability.

HIV falls within the realm of physical impairment; however, under the ADA it must also "limit one or more major life activity." The court’s opinion stated Abbott’s HIV infection imposes a substantial limitation on her ability to reproduce and to bear children. From the outset, the case was treated as one in which reproduction was the major life activity limited by the impairment, although other major life activities could have also been argued. The opinion of the court stated that "conception and childbirth are not impossible for an HIV victim but, without a doubt, are dangerous to the public health. This meets the definition of substantial limitation."

Bragdon could have refused Abbott treatment according to the statute if her infectious condition imposed a direct threat to the health and safety of others. The court’s opinion stated that the courts should assess the objective reasonableness of the views of health care professionals without deferring to their personal judgment.

Source: Opinion of the Court, document no. 97c156

Prisoners Covered

In a legal victory regarding the interpretation of the Americans with Disabilities Act (ADA), the U.S. Supreme Court recently ruled that state prisoners are protected by the ADA. The decision to protect prisoners from discrimination based solely on a person’s disability was unanimously cast by the Supreme Court in the case of Pennsylvania Department of Corrections v. Yeskey.

The ADA states that it is discriminatory for any public entity to deny people equal access to services, benefits or programs that are available to the general public. This ruling will likely force state prisons to provide greater access of operations and programs for inmates with a disability.

The Pennsylvania Department of Corrections argued that prisons do not offer "services" in the traditional sense and that states should have total control of their prison systems without interference from the federal government.

A Supreme Court Justice wrote, "Modern prisons provide inmates with many recreational activities, medical services, and educational and vocational programs, all of which at least theoretically benefit the prisoners." The Justice stated that Congress has allowed no exceptions from the ADA for state prisons and was not deciding whether Congress was exceeding its power to regulate state systems.

Federal legislation has recently been introduced to amend the ADA and limit prisoners’ coverage under the ADA. For more information, visit the Department of Justice web-site at www.usdoj.gov/crt/ada/adahom1.htm

Source: Washington Post

Student to Receive Health Services

The Seventh Circuit Court of Appeals, in a unanimous decision, ruled that a school district in the case Morton School District v. J.M. is required to provide health services to a student with disabilities allowing him to attend school in an integrated setting.

J.M. is student with developmental disabilities, who, in order to attend school, requires certain health services, including a tracheotomy, to be administered during his school day. Morton School District refused to provide the necessary services. J.M. was denied a free and appropriate education as required by the Individuals with Disabilities Education Act (IDEA).

J.M.’s parents challenged the school district’s decision to refuse services to their son. The Illinois State Board of Education found that J.M.’s services are "related services" under the IDEA and ordered Morton School District to provide the needed services. This decision was upheld by a Federal District Court Judge. The Morton School District appealed to the Circuit Court of Appeals.

Issues related to whether a school district is responsible for providing hands-on health services, including nursing services, are being litigated nationwide. In its next term, the U.S. Supreme Court will hear a similar case on issues. For more information, contact Equip for Equality, Inc. at (312) 341-0022.

Workforce Investment Partnership Act

In a legislative victory for people with disabilities, the Workforce Investment Partnership Act passed out of committee and is awaiting the President’s signature. The Act includes revisions of the Rehabilitation Act Amendments of 1998. These amendments revise and extend the Rehabilitation Act of 1973.

The passage of this legislation establishes linkages between state vocational rehabilitation programs and workforce investment activities. It also requires the National Institute for Disability and Rehabilitation Research to include public education information programs on assistive technology services and devices, as well as develop and disseminate models to address consumer-driven information needs related to assistive technology.

The Rehabilitation Services Administration (RSA), under this Act, is directed to award competitive, one-time, time limited grants, contracts or cooperative agreements for the establishment of projects in telecommunication for individuals with disabilities. RSA is also directed to establish self-employment projects for individuals with disabilities. For the full text of the Act, visit http://rs9.loc.gov/home/thomas.html

Source: Thomas Congressional Record

Section 508

Section 508 of the Rehabilitation Act Amendments of 1998, which was passed under the Workforce Investment Partnership Act, will require federal agencies to procure and use accessible electronic and information technology. It directs the Access Board to develop and publish electronic and information technology standards in 18 months. Under Section 508, agencies are required to evaluate their technology access by December 1998. Additionally, the Attorney General must submit a report to the President in 18 months on federal information technology access and biennially thereafter. An individual right of action in filing complaints was also included in Section 508.

A notice of the establishment of an advisory committee for the development of regulations for Section 508 will be printed on August 25, 1998 in the Federal Register. The first meeting is scheduled for October 15-16, 1998. For more information and to access a complete version of the legislative text, visit the Thomas Congressional Record at http://rs9.loc.gov/home/thomas.html

Source: Justice For All

FYI

The Telecommunications Access Advisory Committee (TAAC) has established a listserv to communicate easily between formal meetings. The listserv is available for public access of discussions. Listserv topics may only be posted by committee members; however, public comments and input are welcome. To sign up for the TAAC listserv, send a message to listproc@trace.wisc.edu Do not put anything in the subject line of your message. In the body of your message, type: SUBSCRIBE TAAC-L ROBINSON CRUSOE (assuming your name is Robinson Crusoe; if it is not, substitute your name). Do not put a signature block or any other text in the body of your message.

Project Inclusion is a disability demonstration project funded by the Corporation for National Service (CNS) and managed by the national office of United Cerebral Palsy (UCP). Project Inclusion’s goal is to recruit and retain qualified individuals with disabilities to serve as AmeriCorps Members. AmeriCorps is a national service program that engages people through service to address the educational, public safety, human and environmental needs of our communities. AmeriCorps is currently undergoing extensive training on providing reasonable accommodations and other supports. For more information, call CNS (800) 942-2677 (V), (800) 833-3722 (TTY); call Margaret Lavigne at UCP at (800) 872-5827,ex.7144; or visit the CNS web-site at www.cns.gov

Internet web pages must comply with ADA accessibility requirements according to former Assistant Attorney General Deval L. Patrick. Entities subject to Title II or III of the ADA must provide effective communication to individuals with disabilities, and covered entities that use the Internet to provide information regarding their programs, goods or services must be prepared to offer those communications through accessible means. For example, entities may provide web page information in text format that is accessible to screen reading devices or offer alternative accessible formats in a screen-readable format. For more information on making web-sites accessible, visit www.trace.wisc.edu

Florida Governor Lawton Chiles and U.S. Assistant Attorney General Lann Lee held a press conference in the spring to announce that the US Department of Justice has certified the Florida Accessibility Code for Building Construction 10/97 version as being equivalent to the Americans with Disabilities Act Accessibility Guidelines.

Emergency pagers for the Deaf have been proposed by officials in Cary, Illinois for deaf residents to alert them to weather disasters. Arlington Heights, another Illinois town, has proposed a similar plan but it remains in the preliminary stages.

ADAPT issued the "10 Worst States" awards this past May. These awards were presented to the 10 states that "clearly fail to demonstrate a commitment to home and community-based service options." The "winners" of the award were Tennessee, Mississippi, Louisiana, Missouri, Georgia, Illinois, Indiana, Florida, Ohio and Kentucky. The awards were presented during a rally to underline the importance of home and community-based care.

Congratulations to Special Needs Instructional Support Services in Cleveland, WI and Center for Special Needs in Milwaukee, WI for receiving NIDRR funding for a project entitled Seeking, Screening, Evaluating, Describing and Disseminating Approaches Used by Two-Year Colleges to Serve Rehabilitation Services Clients with Severe/Multiple Functional Limitations in Highly Effective Ways. For more information on this project, visit www.cew.wisc.edu/nidrr/

Rehabilitation of Migrant and Seasonal Farmworkers with Disabilities is a NIDRR-funded project addressing vocational rehabilitation services, training and finding new jobs for farmworkers with a disability. Nearly 300 farmworkers with disabilities and their children were surveyed about service needs and usage in six states. Resulting from this project are two publications, one referring primarily to staff and patients in migrant health centers, and the other designed for vocational counselors in state systems. For more information call (510) 465-7884.