September 2023

Volume 16 Issue 12 

 

Celebrating 50 Years of the Rehabilitation Act and Section 504

The Rehabilitation Act was signed into law on September 26, 1973. This national law protects people with disabilities from discrimination by federal employers, agencies and other organizations that receive federal funding. The Rehab Act also established a number of services that still exist to this day such as the state vocational rehabilitation agencies, state independent living centers, and services to students with disabilities in the education system. It also required federal entities to hire employees and contractors with disabilities. The Rehabilitation Act was one of the first federal laws that offered civil rights protections to persons with disabilities and would later become a template for the American with Disabilities Act (ADA) which expanded non-discrimination requirements to employers, state and local governments, businesses, and other covered entities regardless of whether they received federal financial assistance. However, the road to compliance with the Rehabilitation Act has been a long and difficult process. In honor of the disability rights activists who fought for the passing and implementation of the Rehabilitation Act—including one of its most well-known sections, Sec. 504—the Southeast ADA Center has developed a unique interview series called Section 504 at 50 which highlights notable disability rights figures like Lex Frieden, Judy Heumann, Andrew Imparato, and more.

Check out the Section 504 at 50 interview series.

Dorothy Casterline: The Woman Who Codified American Sign Language (ASL)

Dorothy "Dot" Casterline, a deaf American linguist of Japanese descent known for her contributions to the first ASL dictionary, passed away on August 8, 2023 at the age of 95. Born as Dorothy Sueoka, she would go on to obtain a bachelor's degree in English from Gallaudet University, the only university in the United States designed for deaf and hard of hearing students. It was here that Dorothy was recruited by a hearing professor, Dr. William Stokoe, to investigate sign language and compile the first systematic ASL dictionary. Dorothy's work involved transcribing thousands of hours of filmed interviews resulting in a vast collection of signs. This collection became the basis for "A Dictionary of American Sign Language on Linguistic Principles" which argued that ASL was indeed its own language with its own set of rules, not simply a variant of English as was thought at the time. In her own words, Dorothy shared that she helped write the dictionary “to show that deaf people can be studied as linguistic and cultural communities, and not only as unfortunate victims with similar physical and sensory pathologies.”

Read more about Dorothy Casterline and her linguistic work in ASL. (Article may require a subscription to view)

Read Gallaudet University's article honoring the life and work of Dorothy Casterline.

National Hispanic Heritage Month: Highlighting the Work of Reveca Torres –Artist, Filmmaker and Founder of BACKBONES

As a teenager, Reveca Torres was paralyzed in a car accident while on a family vacation in Mexico. Since then, she has gone on to become a disability advocate, both in her work as Founder and Executive Director of the non-profit, BACKBONES, as well as in her work as an artist and filmmaker.

ARTIST - Reveca commonly references disability in her subject matter, such as in the Tres Fridas Project which reimagines Frida Kahlo's art and other iconic images through the lens of disability. The Tres Fridas collection includes recreations of Dos Fridas, Mona Lisa, Rosie the Riveter, The Last Supper, and more, all featuring people with disabilities as the main subjects.

FILMMAKER - Reveca is also the co-director of ReelAbilities Film Festival Chicago, a festival dedicated to sharing the human experience of disability through art and film. She is currently working on an untitled film about art and disability culture which is being developed in partnership with Kartemquin Films.

FOUNDER - BACKBONES is a non-profit created to help people with spinal cord injury or disease (SCI/D) and their families connect with community. The organization was founded by Reveca due to her personal experience with spinal cord injury and the supportive friendships she developed with others who had similar experiences. She currently serves as the Executive Director and works to ensure that people with SCI/D have access to resources, information, and other supports provided by BACKBONES.

How Vocational Rehabilitation (VR) Can Maximize Employment Outcomes

This year, National Rehabilitation Awareness Week runs from September 18-24. For those in the disability community, services provided through their state's vocational rehabilitation services agencies are often essential to obtaining gainful employment and independence. VR services can depend on funding and may vary by state but typically include opportunities like job shadowing, career exploration, job placement, training, on-the-job supports and accommodations like job coaches, assistive technology, workplace evaluations by occupational therapists, and more. Recently, the Rehabilitation Services Administration (RSA) released guidance on how to maximize competitive and integrated long-term employment for persons with disabilities through VR services. The guidance highlights the following points:

• Early engagement of students and youths
• Positive and continued engagement
• Timely processing of eligibility applications
• Maximizing informed choice
• Postsecondary training
• Assistive technology and other support services
• Meaningful partnerships with the workforce development system

Read the full guidance from the RSA on Maximizing Services and the Use of Funds to Support Quality Employment Outcomes for Individuals with Disabilities.

Federal Rule Updates: Public Right-of-Way, Website and Mobile Access

August included some big announcements about two federal accessibility rules that will be coming soon. Here's what you need to know about these federal rules related to persons with disabilities:

U.S. Access Board Issues Final Rule on Public Right-of-Way Accessibility Guidelines (PROWAG): On August 8th, the U.S. Access Board issued a final rule on accessibility guidelines for pedestrian facilities in the public right-of-way which contained a number of notable changes to the PROWAG. The guidelines contain information for state and local government agencies on how to make their sidewalks, crosswalks, shared use paths, and on-street parking accessible to people with disabilities.

• Next Step: The guidelines will become mandatory and enforceable after they are adopted by the Department of Justice and the Department of Transportation under Title II of the ADA.

Justice Department Advances Proposed Rule to Strengthen Web and Mobile App Access for People with Disabilities: This notice of proposed rulemaking aims to improve accessibility in web and mobile applications for people with disabilities and clarify how public entities – primarily state and local governments – can meet their existing ADA obligations in their online activities and services.

• Next Step: The proposed rule was posted on August 4th, 2023 at www.federalregister.gov. The public will be allowed to submit comments on the rule for 60 days (Comment Deadline – October 3rd, 2023, at 11:59 pm EDT).

Growing Concerns with Abuse and Neglect in Illinois Developmental Centers 

As a response to public outcry over abuse and cover-ups at Choate Mental Health and Developmental Center, Illinois officials announced a solution: Downsize the facility and move some residents to one of the six other developmental centers located throughout the state. But a recent investigation has found that the problems at Choate extend to the other centers as well. Additionally, significant staffing shortages continue to be an issue causing employees to work unsustainable and potentially dangerous overtime hours which not only has negative impacts on workers but the residents as well. A few of the Choate residents are to receive care in community settings, however, there are shortcomings there as well. A spokesperson for the Illinois Department of Human Services (IDHS) said that the community system was financially neglected by the prior administration and noted that funding for home and community-based care has roughly doubled from what it was when Pritzker took office to more than $1.7 billion, though advocates contend it’s still not enough after years of steep cuts.

Read more about the systemic issues with Illinois state-run developmental centers.

New Illinois Laws: Policing and Personal Care Providers

House Bill 3253 recently amended the Juvenile Court Act of 1987 to limit the ability of police to use deceptive practices when interrogating the young or most vulnerable of society. This measure applies to persons who are under the age of 18 or people with a severe intellectual disability. This is defined as an individual who has an IQ of less than 40 or whose IQ does not exceed 55 and “who suffers from significant mental illness to the extent that the person’s ability to exercise rational judgment is impaired.” Police will still be allowed to utilize deceptive tactics upon detainees that are not covered by this new law to obtain confessions.

Read more about House Bill 3253

Senate Bill 505 takes effect Jan. 1, 2024, good news for people who rely on family members to provide home-based services. Currently, individuals in the state of Illinois are not able to hire and pay family members through the Department of Rehabilitation Services (DRS), besides their spouse, as their own personal assistants to provide in-home care. This new law changes that and will allow guardians, kin and siblings to serve as personal assistants for a family member with a disability. In addition, any wages earned by the family member will not count against the $10,000 asset limit required for disabled individuals to be eligible for the program. 

Read more about Senate Bill 505.

A Park for Everyone in Fort Wayne

Promenade Park is one of Fort Wayne's most disability-inclusive parks. To achieve this, the Park worked with area disability experts to ensure the inclusion of all abilities. In addition to the trails being wheelchair accessible, the Park added a tactile paver ribbon for those who are blind or low vision. This ribbon adds texture to the path to let anyone with vision impairments know that they are still on the trail and where to go next. 3D-printed maps of the park are also available to guide individuals through everything it has to offer. The design of the lawn ensures that those with mobility aids, such as wheelchairs and walkers, can get off the path to enjoy the grass. The playground is also accessible and access to boats on the river has never been easier with the new dock and a family restroom that includes an adult-sized changing table. 

Read more about the accessible fun at Promenade Park.

Mental Health Care in High Schools: Controversy and Supports

A 2021 statewide poll found nearly half of Indiana high school students felt persistently sad or hopeless — the highest rate in two decades of polling. The same survey also found that three out of ten Indiana students had contemplated suicide. The type of mental health services that schools can provide is primarily up to local counties where political disagreements around mental health can create barriers and delay supports. Despite the controversy, many Indiana school systems have chosen to invest in mental health supports in recent years such as by hiring more counselors and social workers in addition to developing district-wide social and emotional learning plans. 

If you or someone you know is going through a crisis, please call, text, or chat with the Suicide and Crisis Lifeline at 988, or contact the Crisis Text Line by texting the word TALK to 741741.

Read more about why mental health care in schools is controversial and how funding is supporting the well-being of Indiana students.

Read more about how central Indiana school districts are expanding mental healthresources.

Legal Aid Victories for Disabled Minnesotans

At the end of Disability Pride month, Mid-Minnesota Legal Aid released an article reflecting on its previous victories for disabled Minnesotans and giving a preview of what they will be focusing on next. In June, the organization announced the finalization of a settlement agreement reached on behalf of legal aid clients in the federal case Murphy, et al. v. Harpstead. This class-action lawsuit was brought on behalf of Minnesotans with disabilities living in a group home setting who were either not informed about or were not given the opportunity to live outside of those group homes. Following the approval of the settlement, Mid-Minnesota Legal Aid shared that it would be turning its attention to staffing issues in special education where schools often do not have an adequate number of staff to provide services in less-restrictive settings.

More Coverage and Financial Relief for Minnesotans with Medical and Mental Health Needs

Blue Cross and Blue Shield of Minnesota announced that access to mental health peer support specialists will be a covered benefit starting next year for members enrolled in fully-insured commercial plans. These specialists are trained individuals with lived experiences who provide support, encouragement, and connections to resources for others facing recovery and mental health challenges. Blue Cross will be the first non-profit plan in Minnesota to offer this benefit to those with employer-offered health insurance as well as to those who purchase Individual and Family coverage on their own.

Read more about mental health Peer Support Specialist coverage.

A new law that will eliminate the Tax Equity and Fiscal Responsibility Act's (TEFRA’s) parental fee is expected to provide financial relief to hundreds of Minnesota families who have children with disabilities. TEFRA is a state assistance program that can be used by families with incomes too high to qualify for Medical Assistance (MA). TEFRA often covers costs private insurance doesn't such as equipment, home and vehicle modifications, therapies, etc. While the benefits of the program can be great, in the past the attached parental fee has required families to pay hundreds if not thousands of dollars per year. The elimination of this fee aims to make a significant and positive difference for Minnesotan children with disabilities and their families. 

Read more about the eliminated TEFRA parental fee.

Sensory Room Makes Accessing Healthcare Easier for People with Autism.

Corner Health Center in Ypsilanti is a notable example of how offering a sensory room can improve healthcare access for patients with Autism Spectrum Disorder (ASD). The room was designed and funded in conjunction with the Autism Alliance of Michigan (AAoM). It offers a comfortable soft bean bag chair, noise-canceling headphones, dim lighting, and sensory kits filled with sensory toys and other items. The Corner Health team is confident that the room will make it easier for families of children with autism to prioritize their child’s vaccines and health checkups with less stress. In addition to Corner Health, AAoM is also collaborating with Detroit Health Department, Kalamazoo County Health and Community Services, Ingham County Health Department, and others to make sure families across the state have access to the safest, most accommodating healthcare facilities possible. 

Remote Learning Aids Medical Students with Disabilities

According to new research, the remote curriculum delivery model during the pandemic may have allowed medical students with disabilities to create an optimal learning and testing environment, decreasing requests for accommodations despite an increase in medical students reporting a disability. Lisa Meeks, Ph.D. and clinical associate professor of learning health sciences and family medicine at the University of Michigan Medical School, was quoted as stating, “Medical education was at its most flexible during COVID.” However, she also added that it is unclear whether the need for accommodations will rise again due to the recent return to in-person lectures and testing. The study results are part of a long-term research project which follows the prevalence of medical students in the United States who disclose disabilities to their respective schools.

Read more about this research project on medical students with disabilities.

$7,000 Available in Education Support for Fall Term  

Federal funds are being made available to Ohioans with disabilities who can receive up to $7,000 per person for college, training, and credentialing programs in the 2023 fall term. Funds can be used for tuition or educational expenses as well as for programs that teach a skill or trade. The goal is to help persons with disabilities earn higher wages and obtain the tools they need to succeed in work or higher education.

This funding will also help Ohio's employers who are looking for skilled workers. Opportunities for Ohioans with Disabilities (OOD) Director Kevin Miller noted that 55% of people who go through these types of programs are still working at the job where they were hired one year later.

Read more about the available educational money for Ohioans with disabilities.

Ohio State Fair Accessibility is a Model for Other Venues and Attractions

The bright flashing lights, spinning attractions, loud music and crowds of a State Fair can be overwhelming for people with autism or sensory processing disorder. This is one reason why the 2023 Ohio State Fair included accessible accommodations and events for people with all kinds of disabilities. One example of this was by adding a sensory-friendly morning which turned down the lights and volume at the Fair from 10 am to 1 pm. Since the inclusion of wheelchair charging stations in 2019, more accessibility options have been added at the fair each year which has made it possible for more people to attend and enjoy the event. Disability advocates have praised the changes and hope they will spread across Ohio to other venues, theme parks, and attractions. New additions to the Ohio State Fair this year included American Sign Language (ASL) interpreters for popular daily shows and a universal changing table in one of the restrooms. All of the accessibility features are listed on the Ohio State Fair's accessibility webpage.

Read more about how the Ohio State Fair has increased access to people with disabilities. 

Independent Living Supports Pilot Program Launched 

This summer, the Wisconsin Department of Health Services (DHS) announced the launch of the Independent Living Supports Pilot Program which will provide eligible Wisconsinites with critical resources to live independently in their homes rather than entering a Medicaid long-term care program. Funded by the American Rescue Plan Act (ARPA), the pilot will take place in select counties throughout the state and will be operated by Aging and Disability Resource Centers (ADRCs) for those areas. The pilot will provide invaluable insights into how people seek information about services and supports, as well as help identify potential barriers in accessing these services. Those who are eligible to enroll will have access to program benefits for up to 12 months.

Read more about this pilot program in the DHS announcement.

Wisconsin's First Universally Accessible Park Breaks Ground 

Moss Universal Park in Wauwatosa is a $10 million redevelopment project funded through private donations. The park will be built at the former site of Wisconsin Avenue Park and, when complete, the 18-acre inclusive playground and park will include recreational areas and amenities designed for individuals of all ages and abilities. Plans for the park include play and fitness areas, a wheelchair-accessible slide, a clubhouse with accessible restrooms, sensory rooms, baseball fields, picnic areas, a half-mile of universally inclusive trails, and a challenge course. Seasonal  adaptive equipment, such as bikes, trail chairs, and cross-country skis, will also be available for free rental.

In a statement from Milwaukee County Executive David Crowley, he shared that 25 percent of households in Milwaukee County have at least one family member who has a disability and that he believes the park brings the community "one step closer to creating a more equitable county."

Learn more about the groundbreaking of Moss Universal Park.

Fast-Food Franchise Agrees to Pay $50,000 and Provide American Sign Language (ASL) Interpreters to Applicants and Employees

Houcorp, Inc., a fast-food restaurant franchise with seven restaurants across two Florida counties will pay $50,000 as part of an EEOC consent decree. The company must also provide ASL interpreters to applicants and employees, upon request. EEOC received a complaint from a hard of hearing applicant who stated they could not attend orientation or start their job with Houcorp after the franchise refused to provide an ASL interpreter. In addition to monetary relief, the three-year consent decree requires Houcorp to update its job postings and hiring advertisements, revise its anti-discrimination policies, post a notice regarding this lawsuit, and report on the handling of requests for reasonable accommodations. 

Singley Construction Sued for Failure to Accommodate and Retaliation

EEOC has filed suit against Mississippi-based Singley Construction Company, Inc. for failure to accommodate as well as for retaliation against an employee with end-stage renal disease. The employee, a Singley office manager, stated that she was denied a request to perform continuous ambulatory peritoneal dialysis (CAPD) on Singley’s premises so that she could maintain her full-time work schedule. The EEOC further alleged that Singley discharged the employee because of her disability and in retaliation for requesting an accommodation and filing an EEOC charge.

Disability Rights Advocates Challenge California's Bar Exam Accommodation Process

The Disability Rights Education and Defense Fund and Disability Rights Advocates have filed a complaint with the Department of Justice against the State Bar of California on behalf of four law school graduates. The complaint alleges that the California bar does not respond to accommodation requests in a timely manner, requires expensive assessments not covered by insurance, and doesn’t give deference to professionals who have made individualized assessments. Instead, the complaint argues that deference is given to consultants retained by the state bar.

Arizona Prisons Discriminate Against People with Vision Disabilities

The Department of Justice has found that the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) violated the ADA by discriminating against people who are blind or low vision. The investigation involved multiple complaints by incarcerated individuals which showed that the ADCRR failed to reasonably modify its policies or provide auxiliary aids and services, failed to provide accessible processes for people with vision disabilities to request accommodations or file disability-related complaints, and overly relied on other incarcerated people to help individuals with vision disabilities without properly training or supervising them. 

Supreme Court Case on Hotel Disability 'Testers': Who Can Sue?

The Supreme Court Case Acheson Hotels, LLC v. Laufer is tackling the question of whether ADA "testers" who scrutinize hotel booking websites for a lack of information about accommodations have the right to sue those hotels in federal court, even if the tester does not intend to stay at the hotel. Hotels and other businesses have argued that these types of ADA tester lawsuits have become a "cottage industry" for lawyers who use the courts to extract thousands in settlement fees. However, testers themselves do not receive monetary damages for federal suits. It has also been argued that individuals who have no intention of patronizing a hotel do not have the legal standing to sue as they have not experienced a harm or "injury" due to the inaccessibility of the hotel. On the other hand, advocates and persons with disabilities argue that testers have played an important role in pressuring the hotel industry to make their sites and services easier for persons with disabilities to use. In some instances, these suits are the only way to enforce the ADA when other enforcers, like the Department of Justice, have discloses that they have limited resources to pursue filed complaints.

Private University Faces Federal Lawsuit Alleging Disability Discrimination, a Hostile Educational Environment and Retaliation

A lawsuit filed against Mary Baldwin University in Virginia  is seeking damages for violations under Title III of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. According to court documents, a student diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and anxiety alleges that after disclosing her disability, the university and some of its faculty members attempted to remove her from the Physician Assistant (PA) Program by asking her to withdraw due to her disability, altering the Objective Structured Clinical Examination (OSCE) for her but not the non-disabled students, and refusing to apply her accommodation for extended exam time. The university is also accused of reporting false exam results as well as altering or intentionally misgrading her OSCEs.

Great Lakes ADA Center Service Animal Video Series

The Great Lakes ADA Center recently released a second animated video for our new educational series on service animals. The first video covers what questions businesses can ask service animal handlers while the new video tackles the topic of service animal documentation and ID cards. Both videos are available to view on the Great Lakes ADA Center YouTube channel and are provided in English, Spanish, and Audio Described versions.

So, does the ADA require documentation for service animals? Watch our new video to find out!

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The Cubs at Wrigley Field recently premiered their new captioning system at the Crosstown Classic game this past week. For more information on captioning and other accessibility features at Wrigley Field, check out their Accessibility Guide: https://atmlb.com/3QJq97p 

#Cubs #Accessibility #Captions