News

Veterans exposed to herbicides while serving in Vietnam and other areas will find it easier to access quality health care and qualify for disability compensation under a final rule published in the Federal Register.  The new rule expands the list of health problems VA will presume to be related to Agent Orange and other herbicide exposures, which will speed up the application process.  VA is adding Parkinson’s disease and ischemic heart disease and expanding chronic lymphocytic leukemia to include all chronic B cell leukemias, such as hairy cell leukemia. 

The U.S. Department of Transportation (DOT) has released an updated version of Fly Rights: A Consumer Guide to Air Travel, its popular guide to air travelers’ rights.  Fly Rights provides air travelers with helpful advice on how to get the best airfare, what to expect when a flight is delayed or canceled and how to avoid travel scams.  The guide provides easy-to-read information on federal airline regulations in a number of areas, including accommodating air travelers with disabilities and rules for bumping and baggage compensation. For more information read New Horizons - Information for the Air Traveler with a Disability.  New Horizons can also be downloaded in Word format.

The U.S. Department of Transportation (DOT) has assessed a civil penalty of $500,000 against AirTran Airways for violating rules protecting air travelers with disabilities.  The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed. DOT found several violations of the requirement for boarding assistance.  In addition, the carrier’s complaint files showed that it frequently did not provide an adequate written response to complaints from passengers. 

The third National Veterans Summer Sports Clinic, sponsored by the U.S. Department of Veterans Affairs (VA), will be held September 19 - 25, 2010 in San Diego, CA.  The event will teach recently-injured Veterans adaptive kayaking, sailing, track and field, cycling and surfing. Participation is open to Veterans who are eligible for VA medical care and have orthopedic amputations, traumatic brain injuries, burn injuries, psychological trauma, certain neurological conditions, visual impairment, spinal cord injuries or other injuries.  A fact sheet about this sports clinic can be downloaded in PDF format.

This conference will take place September 29-30, 2010 in St. Louis, MO, and focus on new FEMA sheltering guidelines, regional issues such as ice storms, flooding and tornados, as well as the effectiveness of special needs registries, information sharing networks and accessible communications.  For more information, read the conference agenda.

School districts across the country will be able to improve and strengthen their emergency management plans as a result of $28.8 million in grants awarded by the U.S. Department of Education. The Readiness and Emergency Management for Schools (REMS) grants school districts improve plans that address all phases of emergency management.   Projects should include plans that prepare districts for infectious disease outbreaks and take into consideration districts’ special needs populations.

Two staffing agencies will pay $35,000 and provide equitable relief to settle a disability discrimination lawsuit. The EEOC charged Axiom Staffing Group, Inc., and Axiom Staffing Group of Virginia, Inc., with refusing to place an applicant because of a back impairment. The consent decree settling the lawsuit forbids Axiom Staffing Group of Virginia from engaging in any employment practice which discriminates on the basis of disability. Axiom also will provide additional training on the requirements of the Americans with Disability Act and post a notice regarding the resolution of the lawsuit.

This year is the fifth anniversary of PACER’s National Bullying Prevention Month that unites communities nationwide to raise awareness of bullying prevention. Traditionally held the first week in October, the event has been expanded to include activities, education and awareness building for the entire month.  Whether you are an educator, student, family, or individual who cares about students, here are the tools you need to address bullying in your school, recreational program or community organization. PACER Center is a national parent center serving all youth, with a special emphasis on children with disabilities.  Read Secretary Arne Duncan's remarks at the recent Bullying Prevention Summit.

The purpose of this program is to expand and improve rehabilitation and other services authorized under the Rehabilitation Act of 1973, as amended, or to support activities that increase the provision, extent, availability, scope, and quality of rehabilitation services provided under the Act. Eligible applicants include states and public or nonprofit agencies and organizations, including  institutions of higher education.  Application deadline is September 8, 2010.

EEOC has released its Annual Report on the Federal Work Force for Fiscal Year (FY) 2009. The report assesses the state of equal employment opportunity throughout the federal work force – including trends in the composition of the workforce, and data concerning complaints of employment discrimination in the federal sector – and includes practical tips for agencies to improve their performance. Among the reports findings relating to people with disabilities is the fact that after a steady decline for the past ten years, the participation rate of employees with targeted disabilities in the federal work force held steady in FY 2009 at 0.88%. Despite a modest net gain of 236 employees in FY 2009 over FY 2008, Individuals with Targeted Disabilities still fell far short of the 2% goal set by EEOC’s LEAD Initiative.

FCC has taken steps to make clear that the hearing aid compatibility rules cover customer equipment that contains a built-in speaker and is designed to be typically held to the ear.  The FCC’s order also modifies an exception in the existing rule so that all large entities are required to offer at least one hearing aid-compatible model after a two-year initial period.  FCC also adopted a Policy Statement that emphasizes to developers of new technologies the necessity of considering and planning for hearing aid compatibility at the earliest stages of the product design process.  This link opens a PDF document.

DOL’s Employment and Training Administration (ETA), in coordination with the Office of Disability Employment Policy (ODEP), has announced the availability of approximately $22 million for cooperative agreements to state Workforce Investment Act (WIA) administering entities. This funding is being used to implement the Disability Employment Initiative (DEI), under which the Department intends to make 6 to 10 grant awards that are designed to: (1) Improve educational, training, and employment opportunities and outcomes of youth and adults with disabilities who are unemployed, underemployed and/or receiving Social Security disability benefits; and (2) help these individuals find a path into the middle class through exemplary and model service delivery by the public workforce system.  A transcript of the recent webcast for persons interested in this initiative can be downloaded in PDF format.  Application deadline is September 8, 2010. 

The NACHC Community Health Institute (CHI) and Expo is the largest annual conference of Community Health Center professionals. The 2010 CHI will be held September 10-14, 2010 in Dallas, Texas. There will be many new educational workshops related to to health reform. The conference will also report on the latest developments on workforce issues,recruiting and keeping staff, and negotiating the new consumer marketplace as health care reform brings in new patients. Registration is available online.

Each year the Trustees of the Social Security and Medicare trust funds report on the current and projected financial status of the two programs.  A summary of this report is available in PDF format.

NASUA will hold its 26th National Home and Community Based Services Conference in Atlanta, Georgia from September 26 - 29, 2010. The conference will highlight innovative national, federal, state and local delivery and policy developments to assure that Americans of all ages and abilities receive the highest quality community living supports, care and services possible. Nearly 700 national, federal, state and local leaders, advocates and champions for children, older adults and individuals with disabilities from across the nation are expected to attend. Register online.

The Society for Human Resource Management (SHRM), which signed a new Alliance Agreement with ODEP in late 2009, has launched a new Disability Employment Resource Page. SHRM created this resource page with employers in mind to offer resources, articles and information to help recruit, hire and retain people with disabilities.  The new resource page also includes videos of experts in the field of disability employment.

ODEP held a series of six Listening Sessions in January - March 2010 to engage stakeholders across the nation. These sessions collected information and comments about best practices and key issues to be addressed by federal workforce systems regarding the employability, employment, workforce participation, retention and promotion of people with disabilities. Read ODEP's summary report, including specific recommendations for the Disability Program Navigator (DPN), Medicaid Buy-In and other initiatives. Webcasts of the Listening Sessions are also available online.

The opening of a new NHC in St. Louis is SSA's fifth and largest center in the country.  It is located with two other new Social Security facilities, the National Case Assistance Center and the Midwest Training Center.  These three facilities will bring over 200 new federal jobs to St. Louis and help reduce the backlog of disability cases in this region of the country.  The NHC uses state of the art electronic video technology to hold disability hearings remotely throughout the country.  The new office initially will hear disability cases for Cleveland, Ohio and Minneapolis, Minnesota – cities with two of the most backlogged hearing offices in the nation. For more information about appealing a decision on an application for Social Security disability benefits visit SSA's website.

HUD's Notice reminds its funding recipients of the importance of maximum compliance with providing accessibility in their programs for persons with disabilities.  The Notice serves as a reminder for all Public Housing Authorities, current and future contractors, as well as agents and housing choice voucher program owners.  This link opens a Word document.

HUD has filed housing discrimination charges filed against Hector Castillo, Hector Castillo Architects, Inc., and 914 W. Hubbard, Inc. for designing and building apartments that fail to meet the accessibility requirements of the Fair Housing Act. HUD's charge contends that their apartments are inaccessible to persons with disabilities.  The Fair Housing Act requires that multifamily housing built for first occupancy after March 13, 1991 contain accessible features for persons with disabilities.

H.R.5610, the Independent Living Centers Technical Adjustment Act, makes a technical adjustment to funding for independent living centers under the Rehabilitation Act of 1973 to ensure stability and funding for independent living centers.  This law will ensure that independent living centers have enough funding to continue to provide services to people with disabilities. This link opens a PDF document.

DOJ has filed a lawsuit against Dalton Township, MI for violations of the Fair Housing Act and the Americans with Disabilities Act.  Charges are that the township discriminated against persons with disabilities based on its treatment of a group home for persons recovering from drug and alcohol addiction and its failure to grant a reasonable accommodation or modification to the owner of the group home. The suit seeks a court order prohibiting future discrimination by the township and requiring the township to make a reasonable accommodation to permit the continued operation of Serenity Shores as a sober home for eight individuals and a resident manager.

Americans with disabilities will have more help to live independently and remain in their homes and communities, instead of facilities such as nursing homes, because of $2.25 billion in CMS grants to states. The new grants encourage states not yet part of the Money Follows the Person Rebalancing (MFP) Demonstration to apply for funds. Health and Human Services Secretary Kathleen Sebelius sent a letter to governors encouraging them to take advantage of the many community initiatives in the Affordable Care Act and to participate in the MFP demonstration.

The DBTAC-Great Lakes ADA Center conducted a poll to learn more about the opinions of people with disabilities, their family members and individuals who work with people with disabilities about how well the ADA is being implemented in their communities. Over 3500 individuals took the poll across all six states served by the Center. Overall respondents indicated that while they saw progress over the past 20 years, barriers to community participation and employment continue. Reports are available for Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.

During a July 26 ceremony on the South Lawn of the White House, President Barack Obama gathered with people with disabilities, advocates, lawmakers and federal officials to mark the 20th anniversary of the signing of the Americans with Disabilities Act. After his remarks, President Obama signed an Executive Order that will establish the Federal Government as a model employer of individuals with disabilities.  The order directs several federal agencies to design model recruitment and hiring strategies for agencies seeking to increase their employment of people with disabilities, as well as mandatory training programs for both human resources personnel and hiring managers on the employment of individuals with disabilities.

The Justice Department has published four new Americans with Disabilities Act (ADA) proposals.  These advance notices of proposed rulemakings, published in the Federal Register on July 26, 2010, address the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The Department invites written comments from members of the public. Written comments must be postmarked and electronic comments must be submitted on or before January 24, 2011.

The American Association of People with Disabilities is asking individuals and organizations to sign the Spirit of the ADA Pledge and promise to work in communities, workplaces, schools and places of worship to make a commitment to the inclusion of people with disabilities and make the necessary accommodations and improvements to ensure accessibility for all. 

DOJ has announced a court-approved consent decree which resolves a 2004 lawsuit against New York State and its public university systems. The state failed to provide voter registration services at offices serving students with disabilities at public university and college campuses in the state. The lawsuit alleged that the state violated Section 7 of the National Voter Registration Act, which requires that voter registration services be provided at offices that provide state-funded programs for persons with disabilities. By the start of the 2010-2011 school year, disability services offices at each public university and college campus in the state will provide voter registration services to students with disabilities.

As President Barack Obama announced in his weekly address, the Department of Veterans Affairs (VA), led by Secretary Shinseki, will begin to make it easier for Veterans with Post Traumatic Stress Disorder (PTSD) to receive the benefits they need. Under the new rule, VA would not require corroboration of a stressor related to fear of hostile military or terrorist activity if a VA doctor confirms that the stressful experience recalled by a Veteran adequately supports a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor. More than 400,000 Veterans currently receiving compensation benefits are service-connected for PTSD.

HHS has announced grants totaling $390.5 million to be awarded to states, territories and large metropolitan areas of New York City, Chicago, Los Angeles County and Washington, D.C., to help hospitals and other health care organizations prepare for an emergency. The funds will be provided through the Hospital Preparedness Program (HPP), which will help hospitals and health care facilities to respond to any emergency, such as natural disasters, disease outbreaks or acts of terrorism. Find out more information on the HPP grants.

HUD has charged a landlord in Albany, NY with violating the Fair Housing Act by denying a child with disabilities a reasonable accommodation and retaliating against her family. The Paulsen Development Company barred the child from using the apartment complex swimming pool by prohibiting her needed service animal from accompanying her. After her mother complained to HUD, the company refused to renew their lease.

The Justice Department (DOJ) has reached an agreement on a lawsuit against the Fitchburg, Massachusetts Housing Authority and its executive director, Robert W. Hill. The lawsuit alleged that the Fitchburg Housing Authority and Hill violated the Fair Housing Act (FHA) by adopting and implementing policies that denied tenants with disabilities (other than mobility impairments) the opportunity to transfer between apartments within Fitchburg's public housing neighborhoods. The FHA requires equal access to housing for all persons with disabilities, not just those who are substantially limited in walking. The law prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Read more about DOJ's Civil Rights Division and the laws it enforces.

The U.S. Department of Health and Human Services has announced a new website called HealthCare.gov. This new tool lets consumers take control of their health care by connecting them to information about quality, affordable health care coverage. HealthCare.gov is the first central database of health coverage options--from Medicare to the new Pre-Existing Conditions Insurance Plan, and information from more than 1,000 private insurance plans. HealthCare.gov answers questions that relate to people with disabilities and health care, and also has information about insurance plans and community services in every state. Take a video tour of this new website.

The U.S. Department of Justice and the U.S. Department of Education have sent a letter to colleges and universities about the use of electronic book readers that are not accessible to students who are blind or have low vision. The letter points out a serious problem with some of these devices that do not have an accessible text-to-speech function. Requiring use of an emerging technology in a classroom environment when that technology is inaccessible to an entire population of individuals with disabilities-individuals with visual disabilities-may constitute discrimination prohibited by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). The letter can be downloaded in PDF format. Read the blog post on this from Kareem Dale, Special Assistant to the President for Disability Policy.

Fact sheet on the new Patient's Bill of Rights under the Affordable Care Act, which will help children (and eventually all Americans) with pre-existing conditions gain health care coverage and keep it, protect all Americans' choice of doctors and end lifetime limits on the care consumers may receive. The departments of Health and Human Services, Labor and Treasury have issued regulations to implement the new Patient's Bill of Rights.

This conference will take place October 6-8, 2010 in Albuquerque, NM. Topics will cover the future of the Americans with Disabilities Act (ADA), how technology is improving the lives of people with disabilities, how to improve the lives of children with disabilities, as well as a special celebration of the 2010 Disability and The Arts Program. Register online or download the printable registration form.

Two new guides from the Agency for Healthcare Research and Quality (AHRQ) can help hospital planners and administrators make important decisions about how to protect patients and health care workers during emergencies. The Hospital Evacuation Decision Guide and the Hospital Assessment and Recovery Guide help hospitals assess the physical components of a hospital when a natural or manmade disaster, terrorist attack, or other catastrophic event threatens the soundness of a facility. These guides also look at how hospital personnel have coped under emergency situations in the past to better understand what factors should be considered when making evacuation, shelter-in-place and reoccupation decisions.

Last year, on the 10th anniversary of the landmark Supreme Court decision in the case of Olmstead v. L.C., President Obama launched The Year of Community Living. As part of this initiative, Secretary of Health and Human Services (HHS) Kathleen Sebelius created the Community Living Initiative to coordinate the efforts of federal agencies and support the Administration's commitment to addressing isolation and discrimination against people with disabilities. HHS awarded a $3.2 million contract to establish a Housing Capacity Building Initiative for Community Living to connect persons with disabilities to affordable housing in their communities. Also, the Centers for Medicare & Medicaid Services (CMS) sent a letter to state Medicaid directors about the extension of the Money Follows the Person Demonstration under the Affordable Care Act. For information about enforcement actions taken by the U.S. Department of Justice, read Assistant Attorney General Thomas E. Perez' recent testimony.

The United States Interagency Council on Homelessness has released a comprehensive federal plan that will serve as a roadmap for actions to prevent and end homelessness. The plan calls for ending chronic and Veterans' homelessness by 2015, and ending homelessness among children, family and youth by 2020. Opening Doors includes strategies based on the fact that housing, health, education and human service programs must be coordinated to end homelessness. The plan also calls for increased access to stable and affordable housing and permanent supportive housing. This link opens a 74 page PDF document. For more information watch a video of the White House announcement about the report.

The Higher Education Act, as reauthorized by the Higher Education Opportunity Act (HEOA), includes information on the eligibility of students with intellectual disabilities to participate in the Federal Pell Grant, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grants (FSEOG) programs. Institutions that offer a CTP program can apply to have that program approved so that eligible students may receive Federal Pell Grant, FWS and FSEOG funds. To be eligible, an institution must already participate in the Federal student aid programs and offer an approved CTP program. For more information download Application for Title IV Approval of a Comprehensive Transition and Postsecondary Program in Word format.

Connecticut is the first state in the country to permanently add low-income adults to its Medicaid program under the new Affordable Care Act. Before health care reform was passed, states could only cover adults without children by applying for a waiver of Medicaid rules. These waivers were temporary and states had to meet strict criteria for approval and renewal. The Affordable Care Act requires states to cover all low-income individuals in Medicaid starting in 2014, but also allows states to get federal funding to enroll them right away.

The Department of Veterans Affairs (VA) is reducing the paperwork and speeding up the process for Veterans seeking compensation for disabilities related to their military service. VA has shortened application forms to reduce paperwork for Veterans. The new forms include a shortened VA Form 21-526 for Veterans applying for the first-time to VA for disability compensation or pension benefits and VA Form 21-526b for Veterans seeking increased benefits for conditions already determined by VA to be service-connected.

The United Spinal Association and the National Spinal Cord Injury Association have issued a guide on the recently enacted healthcare and insurance reforms that explains how they improve the lives of people with disabilities. The Impact of Health Care Reform on People with Disabilities has information about insurance market reforms; mandatory health plan coverage provisions; home- and community-based services; Medicare outpatient therapy caps and Medicaid eligibility requirements; and the new standards that ensure medical equipment in doctors' offices and other medical facilities are accessible. For more information on this subject read Health Reform for Americans with Disabilities in PDF format.

These remarks by Assistant Attorney General Thomas E. Perez were released by the U.S. Department of Justice. For more information about the department's work in enforcing the American's with Disabilities Act (ADA) visit the website of the Civil Rights Division's Disability Rights Section.

The University of Colorado at Boulder is hosting Accessing Higher Ground, an accessible media, Web and technology conference on November 15-19, 2010, in Westminster, CO. The event will focus on the use and benefits of assistive technology and accessible media in the university and college setting. Other topic areas will cover legal and policy issues, including the Americans with Disabilities Act and 508 compliance. Creating accessible media and information resources, such as Web pages and library resources will also be included. This conference is for individuals who need to design or provide accessible Web, media, information resources and technology in the academic environment. Register online.

This notice provides information about HUD's 2010 NOFA to help applicants submit successful applications. It also describes changes to HUD's policy priorities. Among these priorities are the design and construction of buildings and communities that are accessible and visitable by people with disabilities, the availability of supportive housing services and new housing construction that integrates people with disabilities into the general community. Applications that meet HUD's policy priorities in the Plan will be awarded additional points. Appendix A contains the expected schedule for release of funding opportunities. This notice (80 pages) can be downloaded in PDF format.

U.S. Secretary of Education Arne Duncan has issued a statement on the release by the National Governors Association Center for Best Practices and the Council of Chief State School Officers of a set of state-led education standards known as the Common Core State Standards. The Standards represent a set of expectations for student knowledge and skills that high school graduates need to master to succeed in college and careers, and include information about the importance of challenging, and supporting, students with disabilities to excel within the general curriculum and be prepared for success in their post-school lives.

AccessibilityOnline, in collaboration with the ADA National Network (DBTACs) and the U.S. Access Board, is offering a series of free webinars and audio conferences on different accessibility topics. Sessions are held on a monthly basis and cover accessibility to the built environment, information and communication technologies and transportation. Check the schedule of upcoming trainings.