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Committee on Education and the Workforce is seeking comment from the public on the reauthorization of the Higher Education Act of 1965. During the reauthorization process, they are interested in exploring all aspects of the Act in an effort to expand access to higher education. In particular, they are interested in proposals that would (i) expand access to higher education, (ii) ensure accountability in the use of federal funds as well as for the education provided; (iii) promote quality educational opportunities, (iv) address the rising costs of higher education; (v) simplify student aid and institutional aid programs; and (vi) promote student academic preparation for postsecondary education. They are seeking detailed policy proposals from those with a strong interest in Higher Education development. All proposals are to be received by December 31, 2002. If you have any questions, please contact Kathleen Smith or George Conant with the Majority Staff at (202) 225-6558, or Suzanne Palmer or James Kvaal with the Minority Staff at (202) 226-2068.
Unites States Congress, on Wednesday, October 16, 2002, passed an election reform measure entitled the Help America Vote Act of 2002. Aside from allowing voters to verify and correct their selections before casting a ballot, the law also provides voters with disabilities greater access at the polls. More specifically, the law requires every precinct in the country to have at least one voting machine or system accessible to persons with disabilities, including those with vision impairments, by January 1, 2006. It also provides $40 million in grants to state protection and advocacy organizations to help fund services that encourage people with disabilities to participate in the electoral process. Additional information on this law can be found on the Election Reform Information Project website.
Access Now on behalf of Robert Gumson, a blind individual, has filed lawsuits in U.S. District Courts in Miami against both Southwest Airlines and American Airlines under Title III of the Americans with Disabilities Act (ADA). The lawsuit claims that the inaccessibility of each airlines website violates the ADA provision stating that all public accommodations must be reasonably accessible to people with disabilities. Up until now, Title III has only been applied to physical buildings and not to Internet websites. Phyllis Resnick, vice president and executive director for Access Now argues that "the ADA has to be reinterpreted as we move ahead with technology. We believe that any public accommodation is defined as a place that makes its goods and services available. The Internet has very much become a marketplace." Both airlines have filed motions for dismissal. It is expected that this case may go to the United States Supreme Court.
Democratic National Committee (DNC), has recently launched a new website in support of their disability outreach initiative. The new Disability Outreach Office website is designed to help the DNC communicate with Democrats affected by disability. According to a press release issued by DNC on September 18, 2002, "through the website, visitors can access information on current issues and candidates, take action on important issues, connect to state and local parties, elected officials, media and more." DNC Chairman, Terry McAuliffe has stated that the website will enable DNC to connect with people with disabilities, their families and friends all across the country, and that it will further enable the disability community activists to take immediate action on issues that concern them. Visit this new website to learn more.
House of Representatives is expected to consider H.R. 3995, the Housing Affordability for America Act of 2002 by the second week of October 2002. Additional consideration will be given to the National Housing Trust Fund Act an amendment introduced by Representative Bernard Sanders (I-VT). According to an action alert issued by Justice For All, "The Sanders amendment will establish a National Housing Trust Fund - a permanent, dedicated federal funding source that would build, rehabilitate and preserve 1.5 million units of rental housing for the lowest income persons, including people with disabilities, over the next 10 years." People on SSI often must spend up to 98% of their income on a modest one-bedroom apartment. This amendment would increase the number of affordable apartment units for those with the lowest income and could therefore inherently improve the quality of life of those on a fixed monthly income. If you feel you could benefit from this amendment, you are encouraged to contact your state representative with your story. You may call (866) 864-6483 (toll free) to connect to your representative's office.
Lifespan Respite Care Act of 2002 has been introduced in the United States House of Representatives. The act serves to provide families of people with disabilities with readily accessible community-based respite programs so that people with disabilities may remain in their homes under the care of their family members. The bill defines the Lifespan Respite program as "a coordinated system of accessible, community-based respite care services for caregivers of individuals regardless of the individual's age, race, ethnicity or special need." The bill would authorize funds for the development and evaluation of state and local respite programs, emergency respite care programs, the recruitment and training of respite care workers and volunteers as well as caregiver training. Respite is a key element in ensuring that family members with disabilities remain out of institutions and in their communities. To learn more about this bill, visit Thomas, a service of the United States Library of Congress.
Senate Appropriations Committee has reviewed and completed action on the Fiscal Year 2003 appropriations bill for the Departments of Veterans Administration and Housing and Urban Development (HUD). While funding is down $65 million from last year's FY budget, there have been increases in program areas of benefit to people with disabilities. More specifically, the Committee approved funds to renew all expiring Section 8 contracts and appropriated an additional $40 million for new Section 8 tenant-based "Olmstead vouchers" for persons with disabilities. The Committee has also approved an additional $9.6 million for the Section 811 Housing Program is supportive housing program for low-income families in which at least one person is disabled. All Section 811 housing has special services for disabled people such as 24-hour support staff or planned activities. To learn more about Section 8 and Section 811 housing, visit the HUD website or call (202) 708-1112.
Rehabilitation Act of 1973 is scheduled for reauthorization by October 1, 2003. The Act authorizes state grant programs that support vocational rehabilitation services, supported employment, independent living, and client assistance. In preparing for the reauthorization, the Rehabilitation Services Administration (RSA), the administrator of the Act, is seeking comments from people with disabilities, their families and disability advocates. If you or someone you care about could benefit from the services provided under this act, you are strongly encouraged to contact RSA with your written comments by June 30, 2002. If you would like to submit proposed improvements to the act you can do so via mail, fax or e-mail. To learn more about the Act, visit the link provided above.
Please send your comments to:
Joanne Wilson
Commissioner of the Rehabilitation Services
Administration
United States Department of Education
330 "C" Street, S.W.,
Room 3028
Mary E. Switzer Building
Washington D.C. 20202-2531
(202) 205-9874 (fax)
rehab.reauth@ed.gov
Supreme Court of the United States has ruled on the case Chevron U.S.A. Inc. v. Echazabal, No. 00-1406. The suit, citing violations of the Americans with Disabilities Act (ADA) was brought against Chevron by Mario Echazabal, who as a job applicant was refused a refinery position after a physical exam revealed a chronic liver disease that could be aggravated by the chemicals in the refinery. The federal appeals court in San Francisco, which found that "disabled persons should be afforded the opportunity to decide for themselves what risks to undertake," initially ruled upon the suit. Chevron had appealed this decision, stating that such a ruling would endanger employers of being held legally liable for aggravated injuries relating to preexisting conditions.
The Supreme Court ruled unanimously on Monday, June 10, 2002 that employers may deny a job to applicants with disabilities that face serious health or safety risks. According to Justice David Souter, "a regulation of the Equal Employment Opportunity Commission (EEOC) authorizes refusal to hire an individual because his performance on the job would endanger his own health owing to a disability." The Supreme Court interpreted that the ADA permits the regulation by the EEOC. This ruling follows others that have also ruled against employees with disabilities.
The Homebound Clarification Act of 2001, introduced in the House of Representatives on April 4, 2001, is intended to amend title XVIII of the Social Security Act to clarify the definition of homebound with respect to home health services under the Medicare Program. As the act stands now, those receiving home health services under Medicare who are chronically ill and / or disabled are required to remain in their homes at all times with few exceptions. If an individual receiving home health services leaves there home for any reason beyond the few specified exceptions, services are suspended immediately. The new amendments would allow greater flexibility in allowing people to leave their homes for specified purposes. The sponsors of this act hope that the loosened restrictions will provide for a better quality of life for those receiving home health services under Medicare. The National Coalition to Amend the Medicare Homebound Restriction for Americans with Significant Illness (NCAHB) has been created to promote this act. To learn more about The Homebound Clarification Act visit NCAHB online.
Supreme Court of the United States has again ruled against an employee with a disability in the case US Airways vs. Barnett, No. 00-1250. The final ruling of 5-4 was in favor of US Airways, sued under the Americans with Disabilities Act by Barnett in 1994 after losing his mailroom position to a more senior employee after massive layoffs. The Justices stated that that the Americans with Disabilities Act, the law that calls for "reasonable accommodations" in the workplace for people with disabilities, should not override seniority systems in most cases. Those who voted in favor of US Airways however, did clarify their ruling by stating that there may be circumstances in which a disabled employee can prevail if they can prove that the Seniority System is not actively enforced. This decision follows a string of similar rulings that have narrowed the scope of the law and therefore have limited the protections afforded to employees with disabilities under the ADA.
United States Senate, on April 11, 2002 passed a bill designed to reform the United States election procedures. The Senate bill, similar to legislation passed by the United States House of Representatives in December 2001, passed with overwhelming support by a vote of 99 to 1. Despite similarities however, the two bills have significant differences that must be worked out to a compromise before final approval. While both bills recognized the needs for greater accessibility in our nation's polling places, the Senate Bill is much more stringent, requiring states to offer voting systems that "provide [people with disabilities] the same opportunity for access and participation." The House version states that states ought to provide "practical and effective means for voters with physical disabilities to cast a secret ballot." Another issue of debate springing from the passing of the Senate Bill is the Senate versions requirement that first-time voters or those who vote by mail provide identification. Several representatives of minority populations, including those of the disability community, are concerned that this provision will lead to selective discrimination by election officials. Representatives from the House and Senate are expected to meet in an effort to develop a final bill for approval by President Bush.
The Assistive Technology Act, for over a decade, has provided federal funding for the sustainment and development of an Assistive Technology (AT) Project in all 50 states and United States territories. As originally written, the Act implemented a 10-year grant program to establish systems within each state and territory for improving access to assistive technology for individuals with disabilities.
The Act did include a "sunset provision" however, indicating that after the 10-year grant period, states or each individual AT Program would be responsible for the funding of their AT projects. While, the initial 10-year grant period was extended in 1998, the Act again calls for a cease of funding to all 50 states by 2004, and to 23 states by September of this year.
A cut-off of federal funds could mean the loss of AT advocacy services, the loss of low-interest revolving loan programs, the loss of AT training. It could mean the loss of independence for the millions of Americans that experience barriers on a daily basis.
On March 21, 2002, the Subcommittee on 21st Century Competitiveness of the Committee on Education and the Workforce held a hearing for the first time in nine years to gather information that will help committee members assess whether continued funding is needed to help the programs fulfill their intended purpose. This hearing is a clear indication that our representatives recognize the value of this Act's provisions.
Take action now! Thank committee members for holding the hearing. Tell them how you or your disability community will be affected by the demise of your state's AT Program.
To read testimony from the March 21, 2002 hearing or to learn how you can contact committee representatives, visit the Committee on Education and the Workforce. If you do not have a representative on the committee, direct your comments to Representative Buck McKeon at (202) 226-0683 or tellbuck@mail.house.gov.
Family Opportunity Act, also known as the Dylan Lee James Act, is intended to offer financial relief to families of children with developmental and mental disabilities. Many families caring for a child with a developmental disability are, due to ineligibility for Medicaid, paying $50,000 or more in medical expenses each year, thereby forcing them into poverty. The Act would allow families earning up to 300% of the poverty level ($52,950 for a family of 4) to "buy in" to Medicaid, which will cover the necessary health services. This bill will greatly reduce the financial devastation many families caring for a child with disabilities face. If you or someone you know can benefit from the passage of this bill, it is necessary that you contact your members of Congress immediately, telling them how his bill can benefit you. E-mail your members of Congress now, by visiting UCP's Advocacy and Public Policy.
MiCASSA, the Medicaid Community Attendant Services and Supports Act, a federal bill that would guarantee home-based care services to eligible individuals with disabilities, was introduced in the House of Representatives on January 23, 2002 by Representative Danny Davis (D- Chicago). This bill, while gaining support, is expected to face great challenges in being passed. If you or someone you know can benefit from the passage of this bill, it is essential that you speak with your representatives to encourage their support. American Disabled for Attendant Programs Today (ADAPT) offers excellent suggestions on how you can approach your representatives and also offers a helpful MiCASSA Packet which includes talking points. To learn more about this bill or how you can join ADAPT in advocating for the passage of MiCASSA, call (303) 733-9324 or e-mail national@adapt.org.
U.S. Supreme Court, announced a unanimous decision, that one will be considered disabled under the ADA only if the disability is "of central importance" to the individual's daily lives and not for people with routine limitations or minor, impermanent injuries. This ruling, significantly narrowing the definition of disability, will prevent many people with acquired disabilities from finding protection under the nearly 12 year old act. In addition to limiting the employment provision of the law, Justice Sandra Day O'Connor also said the definition applied to the provisions dealing with public transportation and public accommodations for people with disabilities. This decision was made in deliberation of a case brought against Toyota Motor Corp. by Ella Williams. In the suit, Williams argues that Toyota did not allow a transfer after she found that a repetitive stress injury to her wrists and shoulders was aggravated by one aspect of the assembly line position that was provided as accommodation to the injury. This decision, which was supported by the Bush Administration, has set a precedent on which many future cases will be based.
Americans with Disabilities Act (ADA) is again in question in a Supreme Court case brought against US Airways by Robert Barnett, a former disabled mailroom employee, who lost his position after a company restructuring. Barnett, after permanently injuring his back in 1990 as a customer-service agent, obtained a mailroom position to accommodate his disability. In 1992, US Airways laid off over 7000 workers, making Barnett's position available to those with greater seniority than himself. After finding that his position was in jeopardy, he requested an accommodation under the ADA and asked US Airways to waive its seniority practices so that he may remain in his a mailroom position. After US Airways refused, Barnett took his case to court. While he was victorious in a lower court, US Airways appealed. This case again brings to light the wide variance of interpretations of the law. There is no word as to when a decision is expected.
Janet C. Mushington, a former applicant at Westside Elementary in Baltimore, Maryland, was awarded $55,000 as settlement to a complaint, filed against Baltimore City Schools, with the Equal Employment Opportunity Commission in 1998. The complaint stated that Mushington, who is legally blind and uses a guide dog, was refused a position she had previously been offered by Westside Elementary, due to their "no animal" policy which would have prohibited her from bringing her guide dog to class. After the school refused the accommodation, she filed a complaint under the Americans with Disabilities Act, which requires employers to make reasonable accommodations to disabled employees. In addition to the $55,000 award, the schools have also agreed to designate a coordinator for disability employment issues and will require all employees who are responsible for hiring, to undergo disability issues training. The schools will additionally post notices about the 1990 Americans with Disabilities Act provisions. Mushington has since found employment elsewhere.
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