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Advocacy News
Topics
ODHH
GETS NEW WEBSITE
Community Issue Forum for People with
Hearing Loss
NAD FILES TWO MORE ADA COMPLAINTS
Workers with Disabilities: Talent for a
Winning Team - January 2008
Barack Obama on the International Day of
Disabled Persons December 3, 2007
DOL Announces Awards of Youth Build
Grants
Driven Exhibition Opens at Smithsonian
DOL Publishes Rule Governing Federal
Contractors' Obligations to Veterans
Workers with Disabilities: Talent for a
Winning Team is 2007 National Disability
Employment Awareness Month theme
WASHINGTON
GOVERNOR RENDELL RECOGNIZES 14
EMPLOYERS, EDUCATIONAL INSTITUTIONS FOR
WORKFORCE DEVELOPMENT EXCELLENCE
From the American Association of People
with Disabilities
PA SILC elects New officers
Governor Rendell Appoints Three New
Members to Advisory Committee for the
Blind
National Council on Disability Speaks
Out on Supreme Court Winkleman v. Parma
City School District Case
NCD To
Assess Federal-State Vocational
Rehabilitation Programs
Center for Independent Living of Central
Pennsylvania Seeks Persons with
Disabilities to Serve on Board of
Directors
SECRETARY OF PUBLIC WELFARE ANNOUNCES
NEW OFFICE OF DEVELOPMENTAL
PROGRAMS
15 years of ADA filled with Setbacks,
Victories
2005 Census Data Regarding People With
Disabilities
PA Transition State Leadership Team
GOVERNOR RENDELL SAYS GRANTS AVAILABLE
TO HELP STUDENTS WITH
DISABILITIES GAIN STEADY EMPLOYMENT
NATIONAL DISABILITY POLICY: A PROGRESS
REPORT
GOVERNOR RENDELL SIGNS BILL TO HELP
SENIORS, OTHERS STAY IN THEIR HOMES,
VISIT FAMILY, ENJOY BETTER QUALITY OF
LIFE
Owners of Johnstown, Pa., restaurant
recognized for accessibility to disabled
EEOC
Moves to Stem Decline in Disabled
Workforce
For students with disabilities through
The Washington Center Internships
Ticket-to-Work Advisory Panel Seeks
Input from Social Security Beneficiaries
N.O.D. Announces New National
Employability Partnership
PaTTAN Training Announcement
A Message submitted by Melissa Allar,
Office of Mental Retardation
New Rules Aim To
Eliminate Barriers to Federal Employment
of People with Disabilities
Hiram G. Andrews Center To Rededicate
1956 Time Capsule For Future Generations
New EEOC
Fact Sheet
Scholarship Program for College Students
with Disabilities
The Washington Center for Internships
and Academic Seminars
CBPP Recommends SSA Withdrawal of
Proposed Changes In Determining
Disability
PENNSYLVANIA MAKES NEW RESOURCE
AVAILABLE TO YOUNG PEOPLE WITH SPECIAL
HEALTH CARE NEEDS
From the National Organizational
Disability (N.O.D.)
Assistive Technology Program
Most Employers Report No Cost or Low
Cost for Accommodating Employees with
Disabilities
Multiple Sclerosis Awareness Week
Aspire, Achieve, Empower: The First
Conference on Mentoring for Youth with
Disabilities
INTERNATIONAL JURIED EXHIBIT FOR ARTISTS
WITH DISABILITIES
College Scholarships for Individuals
with Parents with Disabilities
Emergency Plans for People with
Disabilities
Questions About Medicare Part D??
2006 SUMMER CONGRESSIONAL INTERNSHIP
PROGRAM FOR COLLEGE STUDENTS WITH
DISABILITIES:
OCTOBER IS DISABILITY AWARENESS MONTH
National Council on Disability Calls for
Federal Disability Recovery Plan in
Response to Hurricane Katrina
Calling Emerging Leaders with
Disabilities
The City of Philadelphia offers a
scholarship
NASA Internships For Blind Students
Pennsylvania Rehabilitation Council
(PaRC) Public Forum
Cornell, NOD: 7.7% of Americans Have a
Disability; 38% Are Employed
National MS Society Scholarship Program
College scholarships for individuals with
parents with disabilities
TPA Scholarship Trust for the Deaf and
Near Deaf
SUMMER 2005 INTERNSHIP OPPORTUNITIES FOR
COLLEGE STUDENTS WITH DISABILITIES
available through AAPD.
Landmark Disability Survey Finds
Pervasive Disadvantages
N.O.D. Hails President Bush's Executive
Order on Individuals with Disabilities in
Emergency Preparedness
New Internship Program for College
Students: Applications Due June 14
IRS Posts More Information on Misuse of
Disabled Access Tax Credits
EEOC FACT SHEET ON DIABETES AND THE
WORKPLACE ADDRESSES FREQUENTLY ASKED
QUESTIONS
JOB APPLICANTS WITH DISABILITIES TO
BENEFIT FROM FACT SHEET ON RIGHTS
THROUGHOUT HIRING PROCESS
STATE REVIEWING OFFICIAL FINDS OVR
CUSTOMER APPEAL TIMELY
New state directories to assist you with
Accessibility
ALLIANCE FOR TECHNOLOGY ACCESS OFFERS NEW SERVICE
Attorneys fees in Title II ADA cases: Richard S. v. Department of Developmental Services
FCC Acts to Promote Accessibility of Digital Wireless Phones to Individuals with Hearing Disabilities
U.S. Department of Labor Issues WIA Compliance Assistance Checklist To Help People With Disabilities
Supreme Court to Consider Constitutionality of ADA Title II
EEOC and Katrina Cue v. John Q. Hammons Hotels
NATIONAL COUNCIL ON DISABILITY SAYS AMERICANS WITH DISABILITIES ACT APPLIES
TO COMMERCIAL AND OTHER PRIVATE WEB SITES
COLLECTIVE ADVOCACY WORKSHOPS
DOT OFFERS AIR TRAVEL HOTLINE FOR PEOPLE
WITH DISABILITIES
Pennsylvania Law Makes Refusal to Allow Service Animals in Place of Public Accommodation a Crime
Dept. of Transportation Alters Guidelines on
Service Animals
NEW EEOC WEB PAGE TO ASSIST EMPLOYERS UNDERSTANDING AND COMPLIANCE WITH EEOC INVESTIGATIONS
SCHOLARSHIP PROGRAMS AVAILABLE FOR DEAF AND HARD OF HEARING STUDENTS
DOL ENCOURAGES USE OF TAX INCENTIVES TO HIRE PEOPLE WITH DISABILITIES
ODHH
GETS NEW WEBSITE
The website address is
L&I: PA Office for the Deaf & Hard of
Hearing
PA ODHH released its revised website on
March 31, 2008. We hope you will find
the website to be friendly, beneficial
and educational. We have updated the
resource directory, and added a calendar
of events. Please take the time to list
your organization in the directory or
your event on the calendar!
ODHH Staff will continue to update the
site. Periodically, check the site to
see what is new!
Please forward this message on to
friends, family, service providers,
etc.....
Thanks for visiting our website!
ODHH Staff
TOP
Community Issue Forum for People with
Hearing Loss:
State College
Sponsored by the Pennsylvania Office for
the Deaf & Hard of Hearing (ODHH)
Whether you've been diagnosed with
hearing loss, or are have begun having
problems with daily tasks such as
hearing the phone ring, ODHH can help
Advocate for, Inform you about, or Refer
you to services that will help improve
your quality of life.
Family and friends are also encouraged
to attend this community forum, so they
can receive valuable information that
can help a loved one with hearing loss.
DATE: Mar. 17, 2007 (Monday)
TIME: 6:30 to 8:30 p.m.
LOCATION: Ramada Inn Conference Center
1450 S. Atherton ST
State College PA 116801
814-238-3001
This meeting will be conducted in
English.
Sign language interpreters and
Communication Access Real-time
Translation will be provided.
Contact: Kenneth Puckett
814-255-0230 V/TTY/VP
1-800-233-3008 V/TTY
kpuckett@state.pa.us
TOP
NAD
FILES TWO MORE ADA COMPLAINTS
The
National Association of the Deaf issued
two news releases last Wednesday to
announce its latest complaints filed
with the U.S. Department of Justice
alleging violations of the Americans
with Disabilities Act. In the first,
against Washington Mutual, Inc., the NAD
alleges a bank supervisor cited company
policy in refusing to accept a credit
application from a deaf caller through
Video Relay Services. In the second,
against PETCO Animal Supplies, the NAD
alleges the company refused to provide
sign-language interpretation for four
deaf couples at a dog training class in
Sioux Falls, S.D. Both complaints ask
for investigations, and the second seeks
reimbursement for interpreter fees that
the deaf couples ended up paying
themselves.
COFFEE BEAN CLASS ACTION LAWSUIT SETTLED
A
settlement was announced last week in a
class action lawsuit that affects people
who are hearing impaired, visually
impaired or use a wheelchair or scooter
and have been to a Coffee Bean store in
California between October 24, 2005 and
December 10, 2007 -- or would have, but
for the barriers. The lawsuit, filed in
U.S. District Court against
International Coffee and Tea, LLC,
sought to make Coffee Bean redesign its
stores for better accessibility, said a
news release from plaintiff attorneys
Brodsky & Smith, LLC. Coffee Bean denied
liability but agreed to pay $500,000 to
a damages fund, plus up to $250,000 in
lawyers' fees.
TOP
Workers with Disabilities: Talent for a
Winning Team - January 2008
Javier S. and Oz M.: Demonstrating the
Power of Mentoring Youth with
Disabilities
Javier S. and Oswald "Oz" M. are role
models for the power of mentoring. They
first met several years ago through a
program at Partners for Youth with
Disabilities (PYD), and have remained in
a mentoring relationship. Oz is vice
president for human resources at
Spaulding Rehabilitation Hospital
Network, and Javier is a college student
majoring in social work. Each has a
congenital limb difference, and Javier
has learned, among other things,
strategies for overcoming barriers
associated with his disability. Now
working part-time at the hospital where
Oz first mentored him, Javier is also
passing on the gift he has received by
mentoring a younger person with a
disability.
Oz, whose job includes staffing various
sites with skilled workers in an
extremely competitive market, views
mentoring as a business investment.
"What better place for Javier to learn
and gain exposure to his future career
than in a hospital. Javier gains
valuable experience. We gain a good
trainee and, hopefully, a future
employee," he says.
Mentoring is an important strategy for
assisting youth in transitioning
successfully into adulthood, but little
information has been available on
mentoring youth with disabilities, or
career-focused mentoring in general. In
2003, the U.S. Department of Labor's
Office of Disability Employment Policy (ODEP)
awarded grants to a number of providers
of mentoring services, including PYD, so
that these providers could help build
the capacity of small community and
faith-based organizations to provide
career-focused mentoring services to
youth with disabilities. In 2006, PYD
collaborated with ODEP to present the
first national conference on mentoring
for youth with disabilities. Through
another grant program, the National
Collaborative on Workforce and
Disability for Youth, ODEP developed
Paving the Way to Work: A Guide to
Career-Focused Mentoring for Youth with
Disabilities.
TOP
Barack Obama on the International Day of
Disabled Persons December 3, 2007:
On this International Day of Disabled
Persons, I stand with the roughly six
hundred million people around the world,
including fifty-four million Americans,
who experience some form of disability.
I share their vision of an inclusive and
just world that is free of unnecessary
barriers, stereotypes, and
discrimination. Policies must be
developed, attitudes must be shaped, and
buildings and organizations must be
designed to ensure that everyone has a
chance to get the education they need,
fulfill their potential, and live
independently as full citizens in their
communities. And every nation has a
special responsibility to look after
those who can't live on their own -
because every human being deserves to
live with dignity and respect.
The United States should lead the world
to achieve this vision. But seventeen
years after Congress enacted the
Americans with Disabilities Act, leading
other nations to pass similar laws, our
leadership has faded. As president, I
will restore America's leadership. I
will make the United States a signatory
to the U.N. Convention on the Rights of
Persons with Disabilities - the first
human rights treaty approved by the UN
in the 21st century and a critical step
toward respecting the rights of people
with disabilities worldwide. And I will
urge the U.S. Senate to swiftly ratify
the Convention.
Next week, I will lay out a detailed
agenda for reforming American society to
break down the barriers that exclude
Americans with disabilities. We need to
build an America where those with
disabilities have the same opportunities
as everybody else. That is my goal, and
I will accept nothing less.
TOP
DOL Announces Awards of Youth Build
Grants
On October 12, the U.S. Department of
Labor announced the award of $47 million
to 96 groups that will provide education
in construction as well as leadership
training to at-risk young people across
the United States. The young people
participating in the program will take
part in building affordable housing in
their own communities. Youth Build will
include individuals who have been in the
juvenile justice system, young people
aging out of foster care, high school
dropouts and others. Organizations
chosen for Youth Build funding include
workforce investment boards, faith-based
and community groups, and local and
nonprofit housing development agencies.
PARF-member Goodwill of Connemaugh
Valley in Johnstown, PA was one of those
organizations selected from hundreds of
competitively screened proposals. The
awards are the result of a competition
begun in April 2007 during which 322
qualified applications were received.
With broad support, Congress transferred
Youth Build from the U.S. Department of
Housing and Urban Development to the
U.S. Department of Labor in 2006. The
program's original goals remain - to
educate, provide construction training
and employ at-risk youth in their
communities - while a greater emphasis
is being placed on offering
postsecondary education and forging
stronger links with the One-Stop Career
Center system and the nation's community
colleges. FMI: For program
information, see
www.doleta.gov/youth_services.
To view the list of grantees, see
http://www.dol.gov/opa/media/press/eta/eta20071522fs.htm.
TOP
Driven Exhibition Opens at
Smithsonian
Driven, an exhibition
highlighting the works of emerging
artists with disabilities, opens at
the Smithsonians S. Dillon Ripley
Center Sept. 15. It features the
works of 15 finalists selected from
204 applicants ranging in age from
16 to 25. The exhibition closes Dec.
31.
This years assignment challenged
artists to illustrate the
motivational force behind their
personal vision what moves them to
create art. Grand prize awardee
Jacolby Satterwhite, from Baltimore,
won with his oil on canvas painting
Remission and Resilience. First
awardee Laurel Ebenal, from
Ellensburg, Wash., submitted her
digital photograph Faun and second
awardee Elizabeth Lanier, from
Chicago, submitted the archival ink
jet print on photo rag paper
Staring. The awardees of “Driven”
will receive a total of $60,000 in
awards.
Other artists featured in the
exhibition include the following:
Sarah Beren (Rochester, N.Y.)
Isaac Caruso (Phoenix)
David Castro (Visalia, Calif.)
Elayna Flodin (Beaverton, Ore.)
Wes Holloway (Katy, Texas)
Ryan McDonnell (Northampton, Mass.)
Jessica Merrell (Albuquerque, N.M.)
Anjali Poddar (Andover, Mass.)
Patti Pogodzinski (Jacksonville,
Fla.)
Holly Schuh (Altura, Minn.)
Merlin Strivelli (Asheville, N.C.)
Hannah Zurko (Wooster, Ohio)
This is the Smithsonians fourth year
working with VSA arts, and each year, I
am impressed with the talent that comes
to the fore as a result of VSA arts’
call for entries for this annual
contest,” said Ellen Dorn, director of
the International Gallery. “I hope
that all the visitors who see the
exhibit will go away with the knowledge
that they have seen works from young
artists who are truly driven to create
works of art that reflect their lives.
VSA arts is an international nonprofit
organization founded in 1974 by
Ambassador Jean Kennedy Smith to create
a society where people with disabilities
learn through, participate in and enjoy
the arts. It provides educators, parents
and artists with the resources and tools
to support arts programming in schools
and communities. VSA arts showcases the
accomplishments of artists with
disabilities and promotes increased
access to the arts for people with
disabilities. Each year, millions of
people participate in VSA arts programs
through a network of affiliates and in
more than 60 countries around the world.
VSA arts is an affiliate of the John F.
Kennedy Center of the Performing Arts.
The exhibition is the sixth
collaboration between VSA arts and
Volkswagen of America.
The Smithsonians International Gallery,
located in the S. Dillon Ripley Center
on the National Mall at 1100 Jefferson
Drive S.W., presents temporary
exhibitions in art, history, science and
technology that complement the
Institutions existing educational
programs and collections. It is open
daily from 10 a.m. to 5:30 p.m., except
Dec. 25, and admission is free.
TOP
DOL Publishes Rule Governing Federal
Contractors' Obligations to Veterans
On August 8, U.S. Department of Labor (DOL)
Office of Federal Contract Compliance
Programs (OFCCP) published regulations
that implement changes to the
nondiscrimination and affirmative action
obligations of federal contractors and
subcontractors with respect to protected
veterans. The changes are required by
the Jobs for Veterans Act (JVA), which
was enacted by Congress in 2002 and
amended section 4212 of the Vietnam Era
Veterans' Readjustment Assistance Act of
1974 (VEVRAA). Among other actions, the
JVA expanded the categories of veterans
protected by the affirmative action
provisions of the law and changed the
manner in which federal contractors must
list employment openings. The new
regulations permit covered contractors
to satisfy the mandatory listing
requirement by listing job openings with
the appropriate state workforce agency
job bank or local employment delivery
system. Many state workforce agency job
banks accept job postings via the
Internet, and a list of hyperlinks can
be found at
www.careeronestop.org/ajbprsjbl
. Contractors may
use third parties, such as private or
nonprofit sector job banks, Internet
gateway and portal sites, and recruiting
services and directories, to assist them
with the transmission of job listings.
The new rule, which will become
effective on September 7, only applies
to government contracts of $100,000 or
more entered into or modified on or
after December 1, 2003. Government
contracts of $25,000 or more entered
into prior to December 1, 2003, will
continue to follow the existing VEVRAA
regulations available on the OFCCP Web
site at
www.dol.gov/dol/allcfr/Title_41/Part_60-250/toc.htm.
A copy of the final rule and frequently
asked questions are available on the
OFCCP Web site at
www.dol.gov/esa/ofccp/index.htm.
Anyone seeking additional information
may call the OFCCP Help Desk toll-free
at (800) 397-6251 or send e-mail to
OFCCP-Public@dol.gov
TOP
Workers with Disabilities: Talent for a
Winning Team is 2007 National Disability
Employment Awareness Month theme
WASHINGTON
U.S. Secretary of Labor Elaine L. Chao
today announced that "Workers with
Disabilities: Talent for a Winning
Team!" will be the official 2007 theme
for National Disability Employment
Awareness Month, which is observed in
October nationwide.
"The 2007 'Talent for a Winning Team'
theme captures the heart of the
president's New Freedom Initiative,
which is that Americans with
disabilities are an underutilized
reservoir of ambition, talent and skill
ready to make great contributions in the
workplace," said Secretary Chao.
Each October is National Disability
Employment Awareness Month by
congressional designation. The Labor
Department's Office of Disability
Employment Policy (ODEP) leads the
nation's activities and produces
materials to increase the public's
awareness of the contributions and
skills of American workers with
disabilities. Typically, private sector;
federal, state and local government; and
advocacy organizations piggyback on the
same theme to plan events and programs
that showcase the abilities of employees
and job candidates with disabilities.
"America's employers benefit when they
provide opportunities for Americans with
disabilities to work," said Roy Grizzard,
assistant secretary of labor for ODEP.
"A winning team will include people with
disabilities."
ODEP is the nation's first assistant
secretary-led office that specifically
addresses policies that impact the
employment of people with disabilities.
For example, ODEP has developed methods
for the 3,500 One-Stop Career Centers
nationwide to serve people with barriers
to employment, including individuals
with disabilities. Also, collaborating
with sister Labor Department agencies
the Employment and Training
Administration and the Civil Rights
Center — ODEP developed a disability
checklist to assist with implementation
of Section 188 of the Workforce
Investment Act at the local level.
TOP
GOVERNOR RENDELL RECOGNIZES 14
EMPLOYERS, EDUCATIONAL INSTITUTIONS FOR
WORKFORCE DEVELOPMENT EXCELLENCE
Employers, Educators Recognized for
Outstanding Workforce Development
Accomplishments
HARRISBURG - Fourteen employers and
educational institutions were recognized
today during an annual awards ceremony
for their participation in workforce
development programs, and for providing
job training and education services to
enhance the commonwealth's workforce.
"Our job-training, education and
workforce development resources are
working together to help employers find
quality employees," Governor Rendell
said. "These award-winners represent the
commitment and dedication we need from
our employers and educators to continue
to be successful and competitive in
today's global marketplace."
The Governor's Workforce Development
Awards were presented today at the 23rd
Annual Pennsylvania Partners Employment,
Training & Education Conference at the
Hershey Lodge and Convention Center.
The awards are jointly sponsored by
state workforce development agencies -
the departments of Aging, Education,
Labor & Industry and Public Welfare -
and Pennsylvania Partners to recognize
employers who hire older workers and
former welfare recipients and businesses
who are dedicated to expanding education
and employment opportunities.
"The success of those leaving the
welfare rolls for permanent employment
would not be possible without the strong
support of valued Pennsylvania
employers," state Public Welfare
Secretary Estelle Richman said. "Through
their commitment and support of
individuals in the welfare-to-work
program, we are able to help individuals
and families realize their dream of
achieving self-sufficiency."
"The Bureau of Career and Technical
Education of the Pennsylvania Department
of Education is honored to recognize the
five recipients for the 2007 Workforce
Leadership Award," Education Secretary
Gerald L. Zahorchak said. "These
awardees formed a partnership to develop
a standardized curriculum that is
aligned to the current and future needs
of the industry, thereby enabling
graduates to get family sustaining jobs
immediately upon graduation. We salute
their hard work in fulfilling the
department's commitment to developing an
educated workforce."
Pennsylvania Partners, an association of
workforce development professionals in
each of the commonwealth's 23 workforce
investment areas, sponsors this annual
event that attracts more than 1,200
private and public job-training experts
from across Pennsylvania.
EDITOR'S NOTE: A list of award
recipients follows. Links to more
information about individual winners can
be found online at:
www.paworkforce.state.pa.us.
PA Department of Public Welfare
(Employer Honor Roll Awards):
Central Pennsylvania
* JCPenney Company, Inc., Dauphin
County; nominated by Educational Data
Systems, Inc.
Western Pennsylvania
* Pennsylvania Resources Council,
Allegheny County; nominated by
Reemployment Transition Center
Eastern Pennsylvania
* Scheerer Bearing Corp., Montgomery
County; nominated by Jewish Employment
and Vocational Service/Refugee
Assistance Program
Pennsylvania Partners and PA Department
of Labor & Industry (Governor's
Workforce Development Awards):
Central Pennsylvania
* McClarin Plastics Inc., York County;
nominated by the South Central Workforce
Investment Board
Western Pennsylvania
* Greater Erie Community Action
Committee, Erie County; nominated by the
Northwest Pennsylvania Workforce
Investment Board
Eastern Pennsylvania
* Carpenter Technology Corp., Berks
County; nominated by the Berks County
Workforce Investment Board
Statewide Winner
* Nestl Purina PetCare Company, Lehigh
County; nominated by the Northwest
Pennsylvania Workforce Investment Board
PA Department of Education, Bureau of
Career and Technical Education
(Workforce Leadership Awards):
Central Pennsylvania
* Central Pennsylvania Institute of
Science & Technology, Centre County;
nominated by the Bureau of Career and
Technical Education
* PA Department of Transportation,
Dauphin County; nominated by the Bureau
of Career and Technical Education
* Associated Pennsylvania Constructors,
Dauphin County; nominated by the Bureau
of Career and Technical Education
* Lancaster Career & Technical Center,
Lancaster County; nominated by the
Bureau of Career and Technical Education
Eastern Pennsylvania
* Lehigh Career & Technical Institute,
Lehigh County; nominated by the Bureau
of Career and Technical Education
PA Department of Aging (Pennsylvania
Hall of Fame of Champions of Older
Workers):
Outstanding Small Employer
* Josh Early Candies, Lehigh County;
nominated by PA CareerLink Lehigh Valley
Outstanding Large Employer
* Darrenkamp's Market, Lancaster County;
nominated by State Representative Scott
W. Boyd
TOP
From the American Association of People
with Disabilities (AAPD)
http://www.dmd-aapd.org
Disability Mentoring Day (DMD) is a
national program that promotes career
development for students and job-seekers
with disabilities through job shadowing
and hands-on career exploration. In
2006, mentee David, participates in
mentoring activities alongside a nurses'
aide at Sandhills Regional Medical
Center in North Carolina . If you would
like to participate in Disability
Mentoring Day 2007 on October 17 in your
region of the country, as either a
mentee or employer mentor, please see
the DMD fact sheet
http://www.dmd-aapd.org/docs/factsheet.php and
Local Coordinators
http://www.dmd-aapd.org/coordlist/coordlist.php
information.
TOP
PA
SILC elects New officers
HARRISBURG, Pa., April 20, 2007 -
The Pennsylvania Statewide Independent
Living Council today elected a new slate
of officers including Milton Henderson
as Chairman. He succeeds John L. Tague,
Jr. who has held the position for three
years and is leaving the board at the
conclusion of his term on May 4, 2007.
Also elected to officer positions were
the following:
First Vice-Chair: Robert Mecca,
Executive Director of Life and
Independence Today of St. Marys, Pa.
Second Vice-Chair: Don Ziegler, a person
with a disability from Berks County
Secretary: Juanita Benson, a person with
a disability from Bucks County
Treasurer: Daniel Loftus, Executive
Director of Northeast Pennsylvania
Center for Independent Living in
Scranton, Pa.
The PA SILC also recommended to the
Governor the appointment to the council
of Barbara Houghtaling, Kathleen
Kleinmann, Executive Director of
Tri-County Patriots for Independent
Living in Washington, Pa. and Hillary
Hasson, Executive Director of Center for
Independent Living Opportunities in
York, Pa. State law requires that 50
percent of the Centers for Independent
Living in Pennsylvania have seats on the
council.
In recognition of his tremendous
contributions and excellent leadership
the PA SILC presented Tague with a
ceremonial gavel. In a further honor, a
letter from Governor Rendell thanking
Tague for his dedications and diligence
as SILC Chair was read.
John brings a unique talent to
everything he does, said William
Gannon, Executive Director of the Office
of Vocational Rehabilitation (OVR). He
is an honest and articulate person, and
has done a fabulous job as Chair. I hope
he stays involved in working on efforts
to provide services to people with
disabilities.
Tague has been a member of the PA SILC
board for six years and served three
years as Chair.
In further action, the PA SILC
recommended to the Governor the
re-appointment of four members of the
council:
Timothy Finegan, Executive Director of
Community Resources for Independence in
Erie, Pa.
Amy Beck, Executive Director of Lehigh
Valley Center for Independent Living in
Allentown, Pa.
Daniel Loftus, Executive Director of
Northeast Pennsylvania Center for
Independent Living in Scranton, Pa.
Donald Ziegler, a person with a
disability from Berks County
Other members of the SILC
include:
-
Tom Earle, Executive Director of
Liberty Resources, Inc.,
Philadelphia, Pa.
-
Paul Fogle, a person with a
disability from Berks County,
Pa.
-
Linda Costal, a person with a
disability from Lawrence County,
Pa.
-
Steve Dorsey, a person with a
disability from Delaware County,
Pa.
-
Stan Holbrooke, President and
CEO of Three Rivers Center for
Independent Living in
Pittsburgh, Pa.
-
Vivian Lacamera, a person with a
disability from Mercer County,
Pa.
-
Angela Lundy, a person with a
disability from Philadelphia,
Pa.
-
Jamie Ray, Esquire, Center for
Disability Law and Policy in
Philadelphia, Pa.
Ex-Officio Members
-
Ivonne Bucher, Chief of Staff
and Director of Community
Services and Advocacy within the
Department of Aging
-
David Golin, Project Officer
with the Developmental
Disabilities Planning Council
-
William Gannon, Executive
Director of the Office of
Vocational Rehabilitation.
-
Roberta Schwalm, Special
Projects Officers with the
Pennsylvania Housing Finance
Agency
The
next PA SILC quarterly meeting will be
August 1 2, 2007 at the Harrisburg
Hilton.
ABOUT PA SILC
The Pennsylvania Statewide Independent
Living Council (PA SILC) is a nonprofit,
cross-disability, consumer-controlled
organization dedicated to securing
public policies that ensure civil rights
for people with disabilities by
supporting the independent living
philosophy.
The PA SILC was established in 1987 to
comply with the federal "Rehabilitation
Act Amendments of 1986" (P.L.99-506),
which requires states to create a
consumer-controlled advisory committee
to the Office of Vocational
Rehabilitation's Independent Living
Program. In 1992, the federal
Rehabilitation Act Amendments gave SILC
co-signing authority on the
federally-mandated State Plan for
Independent Living (SPIL).
In compliance with state and federal
law, a majority of the voting PA SILC
members are persons with disabilities
and are appointed by the Governor.
Additional representatives are from
Centers for Independent Living, person
with a disability or independent living
organizations, and various state
agencies.
TOP
HARRISBURG
Governor Edward G. Rendell today
announced the appointment of
three new members to the
Advisory Committee for the
Blind, a panel that advises the
Office of Vocational
Rehabilitation and the Governor
on important issues affecting
Pennsylvanians who are blind or
visually impaired.
We need to help people who are
blind or visually impaired so
they can support themselves and
fulfill their dreams of living
independently, Governor Rendell
said. I am confident the
combined knowledge and life
experiences of these new
committee members will continue
to advance the independence of
blind or visually impaired
individuals.
The Governor selected Carlton
Anne Cooke Walker of Fulton
County, Brenda Loughery of
Allegheny County, and Sandra S.
Montgomery of Venango County to
serve on the nine-person panel.
Walker and Loughery fill
positions vacated by Robert B.
Garrett and Cary Supalo,
respectively, and will occupy
their predecessors terms.
Walkers term expires May 12,
2010; Montgomery and Lougherys
terms expire May 12, 2012.
For more information on services
for people with disabilities,
visit
www.state.pa.us,
PA Keyword: Disability Services.
TOP
WASHINGTON-National Council on
Disability (NCD) chairperson John R.
Vaughn today released the following
statement regarding the United
States Supreme Court oral argument,
which will be heard on February 27,
on whether parents may, without a
lawyer (pro se), file a lawsuit to
enforce their child's rights under
the Individuals with Disabilities
Education Act (IDEA).
The case of Winkleman v.
Parma City School District (No.
05-983) addresses a split among
circuit courts, one circuit deciding
that there are no limitations on the
parents' ability to prosecute pro se
an IDEA case in federal court,
several circuits ruling that under
IDEA parents can only represent pro
se their own interests and not those
of their child, and the Sixth
Circuit said in Winkleman that
parents cannot represent themselves
or their kids in court under IDEA.
As an independent federal agency
that is statutorily charged with the
responsibility of promoting
disability laws and programs, NCD is
concerned about maintaining the
ability of parents to obtain the
rights and benefits guaranteed to
their children under IDEA.
Jacob Winkleman is a student with
autism whose parents disagreed with
the school district's individualized
education program (IEP) for Jacob.
After administrative hearings
affirmed the IEP, Jacob's parents
chose to place him in a private
school at their own expense and
petitioned a federal district court
for reimbursement. The district
court denied their request. At that
point, the Winklemans had spent
three years and $30,000 in legal
fees on a household income of less
than $40,000 per year. When the
Winklemans appealed the federal
district court decision, they sought
to argue the case themselves because
they could no longer afford legal
representation. The U.S. Court of
Appeals for the Sixth Circuit
dismissed the suit finding that IDEA
does not expressly provide for the
right of a parent to represent the
interests of his/her child in
federal court. The circuit court
also ruled that non-lawyer parents
cannot represent themselves either,
because IDEA provides for the rights
of the child, not the parents. Based
on the circuit court holding, the
Cleveland Bar Association initiated
an investigation into whether the
Winklemans engaged in the
unauthorized practice of law in
attempting to pursue the matter in
federal court.
At stake is the extent of access
to IDEA rights and protections for
seven million children and youth
with disabilities. NCD affirms that
in the nearly three decades that NCD
has monitored IDEA, it is clearly
established that parents are a main
enforcement vehicle for ensuring
compliance with IDEA. The statutory
scheme of IDEA makes parental
involvement and access to legal
services integral to the protection
of a child's rights under IDEA. In
conducting its series of evaluative
studies on education, NCD has
consistently received reports from
parents about their inability to
find or afford lawyers to assist
them with receiving the full
benefits of IDEA for their children.
NCD also has found through its
research that families with children
with disabilities are
overrepresented among poor
populations. NCD notes that there is
a severe shortage in Ohio of
attorneys with expertise in IDEA,
and that the Ohio Legal Rights
Service accepts a small percentage
of requests by families for legal
representation. Thus, it is critical
to maintain the ability of parents
like the Winklemans to pursue on
their own legal recourse if they
disagree with administrative
decisions regarding the education of
their child and cannot find or
afford an attorney. NCD also
appreciates the position of the U.S.
Solicitor on the matter, who has
submitted a brief to the U.S.
Supreme Court arguing that the Sixth
Circuit holding is "inconsistent
with the plain language, structure,
and purposes of IDEA."
NCD urges that the resolution of
the Winkleman case give full effect
to the educational guarantees of
IDEA by supporting the rights of
parents to pursue the interests of
their children regardless of whether
they have a lawyer to assist them.
TOP
NCD To Assess Federal-State
Vocational Rehabilitation Programs
On February
13, the National Council on
Disability indicated that it would
soon begin an assessment of the
implementation of the Rehabilitation
Act of 1973. The Rehabilitation Act
of 1973, as amended, authorizes the
Department of Education's Vocational
Rehabilitation program,
which
provides federal funds to help
persons with disabilities become
employed, more independent, and
integrated into the community. Most
of the federal funds are passed to
state vocational rehabilitation
agencies that directly provide
services such as guidance,
counseling, and job placement, as
well as purchase services such as
therapy and training from other
providers. In its announcement, NCD
said that now, perhaps more than
ever, effective vocational
rehabilitation (VR) programs are
necessary. NCD said that those
responsible for decisions about the
state-federal VR programs need
information about how people with
disabilities are being served and
what works. Individuals with
disabilities are more likely to be
unemployed or living in poverty than
are those without disabilities. But
many individuals, especially those
with severe disabilities, are also
in need of education, skill
training, and other assistive
services to prepare them to take
advantage of work opportunities, NCD
said.
FMI:
For information on NCD and its
agenda, see
www.ncd.gov.
TOP
Center for Independent Living of Central
Pennsylvania Seeks Persons with
Disabilities to Serve on Board of
Directors
The Board of Directors of the Center for
Independent Living of Central
Pennsylvania is interested in persons
who have a strong interest in advocating
for people with disabilities; have
practical experience; have done
fundraising; and have a disability. The
Center has a strong local, state, and
national reputation for being a leader
in the independent living movement. For
more details or if interested please
contact:
Tucker Hill, President
Board of Directors
Ph/Fx 717.938.6090
Email:
TuckerH@epix.net
TOP
SECRETARY OF PUBLIC WELFARE ANNOUNCES
NEW OFFICE OF DEVELOPMENTAL PROGRAMS
CONTACT:
Rita Frealing-Shultz
Stacey Ward
(717) 787-4592
SECRETARY OF PUBLIC WELFARE ANNOUNCES
NEW OFFICE OF DEVELOPMENTAL
PROGRAMS
HARRISBURG - In an effort to
continue addressing the needs of
Pennsylvanians with disabilities,
Department of Public Welfare Secretary
Estelle B. Richman today announced the
creation of the Office of
Developmental Programs.
Richman said the new office was
created through a reorganization
of the Office of Mental Retardation and
the establishment of the Bureau
of Autism Services.
"Families have made great strides
in the past few years in
alerting us to the growing number of
children and adults being diagnosed
with autism, and they have helped us to
prepare a path in which to
provide for their unique needs," said
Richman. "By establishing this
new office, we're taking an important
step to help families access
information and supports that are so
vital for their loved ones."
Autism is a lifelong brain
disorder that affects as many as
1-of-every-166 children born in the
U.S., or one child every 21 minutes.
The number of people across the U.S.
diagnosed with an autism spectrum
disorder over the past 15 years has
risen by a staggering 2,000 percent.
Creating the new Office of
Developmental Programs within DPW was
one of the core recommendations of the
Autism Task Force, whose findings
were released in December 2004. In its
initial stages, the Office of
Developmental Programs will house a
Bureau of Mental Retardation
Services and a Bureau for Autism
Services, as well as necessary support
bureaus.
Kevin Casey, currently the deputy
secretary for the Office of
Mental Retardation, will continue as the
deputy secretary of the Office
of Developmental Programs. Nina
Wall-Cote will serve as the director
for the Bureau of Autism Services, which
will provide expertise and
supports for all state agencies which
serve Pennsylvanians with autism.
For more information about the
department or services available to
Pennsylvanians with autism, visit
http://www.dpw.state.pa.us
TOP
By Mike Ervin
Jan. 26 is the 15th anniversary
of the day Americans with
Disabilities Act went into effect.
Since then, a barrage of legal
challenges has rendered the ADA much
weaker than envisioned.
Title I, which prohibits
employment discrimination, has
especially taken a hit over the
years. Employers from both the
public and private sectors have
frequently challenged the ADA's
definition of disability and have
narrowed the scope of who qualifies
for protection under the law. It is
now at the point where people with
such conditions as diabetes, heart
disease, cancer and significant
vision loss have had their cases
dismissed because judges determined
they don't qualify as disabilities.
Employment discrimination suits
brought under the ADA are rarely
successful in courts. Every year
since 1992, the American Bar
Association has surveyed Title I
cases, and each year the survey
reveals that employers have
prevailed in more than 90 percent of
the decisions.
President Bush has helped
undermine the law his father proudly
signed by appointing active
opponents of the ADA to the federal
bench.
In the infamous University of
Alabama v. Garrett case in 2001,
William Pryor, who was then attorney
general of that state, hired Jeffrey
Sutton to argue before the U.S.
Supreme Court that state governments
should be immune from Title I
lawsuits brought forth by state
employees. Sutton and Pryor won.
Bush subsequently placed both men on
the federal bench.
In spite of the setbacks, America
is vastly more accessible than it
was 15 years ago. We have the ADA to
thank for that. What made this law
revolutionary was that it extended
the obligation not to discriminate
to the private sector. As a result,
sometimes the mere threat of legal
action has brought about positive
change for people with disabilities.
One of the most monumental court
victories brought about by the ADA
was the 1999 case of Olmstead v.
L.C. and E.W. The Supreme Court
ruled that state of Georgia violated
the ADA by arbitrarily warehousing
two women with disabilities in a
state institution against their
will. As a result, many states have
rightly shifted spending priorities
away from institutionalization and
into community living programs.
In 2006, the U.S. Department of
Justice reached an out-of-court
agreement with NPC International
that will make nearly all the 800
Pizza Hut restaurants the company
operates more uniformly accessible
to people with mobility disabilities
by the end of 2009.
The ADA also requires all new
buses, trains and stations to be
wheelchair accessible. As a result,
public transit access has improved
dramatically in the last 15 years.
These victories still make the
ADA well worth celebrating.
ABOUT THE WRITER
Mike Ervin is a disability-rights
activist with ADAPT ( www.adapt.org).
The writer wrote this for
Progressive Media Project, a source
of liberal commentary on domestic
and international issues; it is
affiliated with The Progressive
magazine. Readers may write to the
author at: Progressive Media
Project, 409 East Main Street,
Madison, Wis. 53703; e-mail:
pmproj@progressive.org;
Web site:
www.progressive.org.
TOP
2005 Census Data Regarding People With
Disabilities
Information Bulletin #186 (12/06)
Many disability advocates need up to
date statistics by State or county for
people with disabilities. The 2005
American Community Survey which can be
found at
http://factfinder.census.gov and
provides a lot of useful current data.
Here is a national summary of the data:
* Nearly 15% of the population 5 years
and over (i.e., 40 million people) have
one or more disabilities.
* For the population 16-64 years, 12% of
that population (i.e., nearly 23 million
people) have one or more disabilities.
Of all people 16-64 years, nearly 3%
have a sensory disability, more than 7%
have a physical disability, and 4.5%
have a mental disability. [Remember
people can have more than one type of
disability and show up in two
categories.]
* For the population 16-64 years, only
37.5% of the people with a disability
are employed. That is, more than 14
million people with disabilities who are
unemployed.
* For the population 65 years and over,
40.5% of that population (i.e., more
than 14 million people) have one or more
disabilities. Of all people over
65years, 16% have a sensory disability,
31% have physical disability, 11.5% have
a mental
disability, nearly 10% have a self-care
disability, and 16.6% have a
"go-outside-home disability."
* For the population 5 years and over
who have one or more disabilities, 21.1%
are below the poverty level (which is
about $9,200 for a single person). That
is, more than 8 million persons hav |
