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Thursday
Jan052012

Long Term Care CLASS Act is Repealed 

Still No Relief in Sight for Long-Term Needs

 

By GARDINER HARRIS and ROBERT PEAR

Published: October 24, 2011

 

WASHINGTON — The law that many Americans had hoped would transform the nation’s dysfunctional system of long-term care for the swelling ranks of people with disabilities and dementia quietly died this month, a victim of its own weaknesses, a toxic political environment and President Obama’s re-election campaign focus on jobs…more

Stay informed! Go to the Advocacy Corner for frequent updates!

Thursday
Jan052012

Higher Education and Disability: Protect Students' Rights to Testing Accommodations

Higher Education and Disability: Improved Federal Enforcement Needed to Better Protect Students' Rights to Testing Accommodations

Among accommodations requested and granted in the most recent testing year, approximately three-quarters were for extra time, and about half were for applicants with learning disabilities. High school and postsecondary school officials U.S. Government Accountability Office (GAO) interviewed reported advising students about which accommodations to request and providing documentation to testing companies, such as a student's accommodations history.

Testing companies included in GAO's study reported that they grant accommodations based on their assessment of an applicant's eligibility under the ADA and whether accommodation requests are appropriate for their tests. Testing companies look for evidence of the functional limitations that prevent the applicant from taking the exam under standard conditions. They also consider what accommodations are appropriate for their tests and may grant accommodations that were different than those requested. For example, one testing company official told GAO that applicants with attention deficit/hyperactivity disorder all might request extra time, but may be granted different accommodations given their limitations--extra time for an applicant unable to maintain focus; extra breaks for an applicant unable to sit still for an extended time period; a separate room for an easily distracted applicant.

Documenting need and determining appropriate accommodations can present challenges to students and testing companies. Some applicants GAO interviewed found testing companies' documentation requirements difficult to understand and unreasonable. Most applicants GAO spoke with said they sought accommodations that they were accustomed to using, and some found it frustrating that the testing company would not provide the same accommodations for the test. Testing companies reported challenges with ensuring fairness to all test takers and maintaining the reliability of their tests when making accommodations decisions. Testing company officials said that reviewing requests that contain limited information can make it difficult to make an informed decision. Some testing company officials also expressed concern with being required to provide accommodations that best ensure an applicant's test results reflect the applicant's aptitude rather than providing what they consider to be reasonable accommodations.

Federal enforcement of laws and regulations governing testing accommodations is largely complaint-driven and involves multiple agencies. While Justice has overall responsibility for enforcing compliance under the ADA, Education and HHS have enforcement responsibilities under the Rehabilitation Act for testing companies that receive federal financial assistance from them. Education and HHS officials said that they investigate each eligible complaint. Justice officials said they review each complaint at in-take, but they do not make a determination on every complaint because of the large volume of complaints it receives. Justice has clarified ADA requirements for testing accommodations primarily by revising its regulations, but it lacks a strategic approach to targeting enforcement. Specifically, Justice has not fully utilized complaint data--either its own or that of other agencies--to inform its efforts. Justice officials said that they reviewed complaints on a case-by-case basis but did not conduct systematic searches of their data to inform their overall approach to enforcement. Additionally, Justice has not initiated compliance reviews of testing companies, and its technical assistance on this subject has been limited. GAO recommends that the Department of Justice take steps to develop a strategic approach to enforcement such as by analyzing its data and updating its technical assistance manual. Justice agreed with GAO's recommendation....

To read more please go to Article Source

Article Source: http://gao.gov/products/GAO-12-40

Stay informed! Go to the Advocacy Corner for frequent updates!

Wednesday
Dec212011

CIL Mourns the Loss of Jana Overbo

CIL mourns the loss of staff person Jana Overbo.

CIL mourns the loss of Jana Overbo, a former employee and great disability advocate who we were honored to know and work with. A memorial service for Jana is being organized by her family and close friends. It is scheduled for 5 p.m. Thursday, December 22 at the Ed Roberts Campus, 3075 Adeline Street in Berkeley (directly accessible from the Ashby BART station). Please gather in the ramp area for light refreshments and shared remembrances of a beautiful woman.

For more information, please contact CIL (510) 841-4776 or Video Phone: (510) 356-2662 .

Monday
Dec192011

How Gallaudet University’s deaf students toppled a president with the aid of social media years before the current Occupy Movement began.

The Canary in the Coal Mine

How Gallaudet University’s deaf students toppled a president with the aid of social media years before the current Occupy Movement began.

Originally published on 11.3.2011 at the Justice For All Blog from the American Association of People with Disabilities.

AAPD logo

by Leah Katz-Hernandez

Just as I’m flying to California State University Northridge to present at their Deaf College Student Leadership Conference, I was reading a copy of Newsweek. There was a story on the infectious appeal of the #Occupy Wall Street movement. One particular quote stood out to me:

“In 2008 vast new numbers of Americans transformed the political process through social media and small-donor fundraising, electing a rank outsider, Obama, who challenged the natural heirs to the old system, the Clintons. The next year Iranians, empowered by the same technologies, called their own leaders’ electoral bluff and nearly changed the world. This year the very same empowerment gave us the Arab Spring.” – Andrew Sullivan, October 31 2011

The narrative goes on to link the meteoric trajectory of social media’s increasing presence in our daily lives and its impact upon global politics and – yes – corporate responsibilities. The “99%,” as they unveiled themselves on Wall Street more than six weeks ago, spoke out against growing income inequality and argued that financial institutions played a large role in it. The #Occupy Wall Street movement quickly expanded exponentially, garnering solid support through public opinion, even seeing #Occupy camps being set up in other cities. Soon, the #Occupy movement had hit the international level. I was starting to become accustomed to seeing the pictures of frustrated people getting their message out. I was inspired when these same pictures from places such as India, Italy, Chile, Russia, the United Kingdom, Algeria, and Spain appeared.

Some people criticized #Occupy as disorganized and lacking focus.  But other pundits took to the pages of newspapers, magazines, and blogs to defend the #Occupy movement, calling it “not a protest but a true movement.” Regardless of how one defines #Occupy it’s clear to me that it could not have been possible without the power of social media.

We now see where the narrative has led us to, but the untold story is how the narrative didn’t begin at Obama’s 2008 campaign. The revolution of the social media hit the people with disabilities community, with their unique needs and perspectives, and changed their lives before the 2008 campaign. I’m telling this story not to have the disability community take credit as the originators but to give evidence of and solidify our unique status as “the canaries in the mine.”

What, canaries? How does that relate to #Occupy Wall Street and the world of Facebook/ Twitter/ YouTube?

In the olden days, when there was no technology to detect dangerous and deadly carbon monoxide in the mine, people used to bring canaries – bright, yellow, and singing – into the dark pits of the mines. Their purpose was to keep the miners alive. Because the canary was such a small, fragile bird, the carbon monoxide severely damaged the canary’s lungs long before it could have detectable effect on the miners. As soon as the canary stopped singing and dropped dead, the miners knew it was time to get out of the mine. Through this strategy, hundreds of human lives were saved.

The disability community – especially the deaf community, where I hail from – is likewise smaller, more fragile, and the “first to be impacted” by nearly anything that happens in the real world.

At generally the same time as the hearing world, the deaf community discovered blogging and vlogging (video-blogging). In May 2006, as the members of Gallaudet University rose up in a protest against the Board of Trustees’ decision to select a controversial candidate as the next President, the impact revebrated through the circles of deaf social media with a sonic boom. The administration presented their side of the story, which the protesters disputed and learned through the hard way that the mainstream media wasn’t always so fair in their coverage. The frustration of having one same article published in hundreds of newspapers through the Associated Press intensified the protesters’ dissent and added more to their argument that the perception and explantation of the protest was distorted and dishonest by the administration. We were merely students, staff, faculty, and alumni up against media professionals!! Such was the frustration we faced, but I’ll never forget this one game-changing line from the University’s offical public-relations spokesperson, defending the administration’s public relations tactic of distortion and giving misleading explanation of the protest’s real issues:

“Actually, the protesters have been very effective in getting their messages out through blogs and vlogs.”

That was true. Very true. Game-changing true. Ever since before the protest had happened, the deaf community was watching the protest closely and with deep interest through the internet. There was a blog set up that tracked the candidates for the Gallaudet University Presidential Search. Vlogs were made, hot discussions were had, and comments numbered well into the thousands. The anticipation was ripe when the announcement was made in May 2006 and when the information was disseminated, the blogosphere exploded in discussion and activism. There were a few blogs that ultimately became a kind of news channel for the deaf community, rapidly updating nearly daily with new information and developments. This gave us opportunity to present our side and our story, absolutely unfiltered and unmanipulated by the mainstream media.

At the time, we had only one media strategy – tell the truth. Tell the truth. Try to get the mainstream media to explain the truth. We didn’t have any other strategy than that but looking back, we utilized many tools that were enormously effective through the use of social media. We were able to galvanize and organize the community in a mass, to control and continue pushing our message out, and stick a powerful thumb in the side of the big guys.

The underdogs won in October 2006, when the Gallaudet Board of Trustees announced that the president-designate’s appointment would be rescinded. We cheered our victory! And in the aftermath, we were proud that our internet outreach had been so powerful to expand the tent city on Gallaudet University’s front lawn to a series of tent cities across the nation and internationally.

In 2007, when Dr. Robert Davila became the first person of color to serve as Gallaudet University’s president, the moment had great signifiance to many communities. As he took the podium to give his acceptance speech to the community, the first thing he said was “I’m home.” The deaf community cheered once again! That same year, then-Senator Barack Obama surveyed the landscape and decided that the moment was ripe for him to run for the President of the United States.

What the deaf community went through in these turburlent times of 2006-2007 ultimately gave us a small prediction of what would happen in the larger American and even international society. First, the impact of social media and the use of internet campaigns completely changed the way we organized ourselves for social and political causes. Secondly, people of color are now becoming more and more in our society. We are no longer survivors of outdated perceptions, inspiring in their climb towards the top. They are now university presidents, Commander in Chief, even overthrowing regimes.

Wherever you live, whatever your goals, whichever candidate you support, you are living in a world where social media – as mastered by the Deaf community—is a source of power that can’t be ignored.  We tested the atmosphere and carved out a space for great work. What we have done will have a profound impact on movements that follow.

Watch and take your cues from us.

reposted from Pushing Limits.

Friday
Dec162011

Keeping developmentally disabled adults healthy:

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