{"id":2610,"date":"2008-12-13T03:58:48","date_gmt":"2008-12-13T03:58:48","guid":{"rendered":"http:\/\/agenciainclusive.wordpress.com\/?p=2610"},"modified":"2008-12-13T03:58:48","modified_gmt":"2008-12-13T03:58:48","slug":"the-disability-law-policy-e-newsletter-university-of-iowa-em-ingles","status":"publish","type":"post","link":"https:\/\/inclusivenews.com.br\/?p=2610","title":{"rendered":"The Disability Law and Policy e-Newsletter – University of Iowa – em ingl\u00eas"},"content":{"rendered":"\n\n\n
\"\" Volume 5, Issue 10 December 9, 2008 <\/strong>
\n Tue Dec 09 2008 02:51 PM <\/span><\/td>\n		\n\n\n\n
\"Edit Edit<\/td>\n\"Reply Reply<\/td>\n\"Reply Quote<\/td>\n \"Quick Quick Reply <\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\"Centers \"Law,<\/span><\/p>\n

The Disability Law & Policy e-Newsletter<\/strong><\/p>\n

An electronic publication of<\/p>\n

The Law, Health Policy & Disability Center at the
\nUniversity of Iowa College of Law
\nhttp:\/\/disability.law.uiowa.edu\/<\/a>
\nand<\/p>\n

The Burton Blatt Institute at Syracuse University
\nhttp:\/\/bbi.syr.edu<\/a><\/p>\n

December 9, 2008<\/strong><\/p>\n

Volume 5, Issue 10<\/strong><\/p>\n

The Disability Law & Policy Newsletter
\nis a bi-weekly publication that aims to inform disability advocates,
\nscholars, and service providers of the most current issues in disability
\nlaw, policy, research, best practices, and breaking news.<\/strong><\/p>\n

Dear Colleague:<\/p>\n

Below is a topical overview of the items presented in this issue.<\/p>\n

A. CIVIL RIGHTS:<\/strong> Americans with Disabilities Act (ADA), Sections
\n504 & 508 of the Rehabilitation Act, and state civil rights law<\/p>\n

B. EDUCATION:<\/strong> Special education & youth transition to
\nsuccessful postsecondary outcomes<\/p>\n

C. TECHNOLOGY \/ TELECOMMUNICATIONS:<\/strong> Assistive, information,
\nand communication technologies<\/p>\n

D. HEALTHCARE \/ BENEFITS:<\/strong> Social Security Income \/ Social Security Disability
\nIncome \/ Medicaid & Medicare<\/p>\n

E. WORKFORCE:<\/strong> Workforce Investment Act (WIA), Ticket to Work
\nand Work Incentives Improvement Act (TWWIIA), & Vocational Rehabilitation<\/p>\n

F. INDEPENDENCE: <\/strong>News for and about the Independent Living
\nMovement<\/p>\n

G. EMERGENCY RESPONSE \/ PREPAREDNESS: <\/strong>Disaster mitigation and preparedness news<\/p>\n

H. INTERNATIONAL: <\/strong>News for and about disability topics
\noutside the U.S.<\/p>\n

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *<\/p>\n

A. CIVIL RIGHTS<\/strong><\/p>\n

1. Is Wal-Mart Deliberately Discriminating Against
\nPeople with Disabilities?<\/strong><\/p>\n


\nWal-Mart Watch, a non-profit organization aiming to reform Wal-Mart’s
\nbusiness practices and improve Wal-Mart as a neighbor, corporate citizen,
\nand employer, released a report on October 27, 2008, alleging Wal-Mart systematically
\nviolates the Americans with Disabilities Act (ADA). In 2001, an Equal Employment
\nOpportunity Commission consent decree forced Wal-Mart to create an internal
\nADA compliance office; however, according to the report, the office has failed
\nto correct Wal-Mart’s practices.<\/span><\/p>\n

The report, “Reasonable Accommodation \u2013 Denied,” presents
\ntwo troublesome trends. First, the report argues Wal-Mart uses a “leave
\nof absence” technique, requiring employees with disabilities to take
\nan unpaid leave of absence as a means of ultimately getting rid of its employees
\nwith disabilities. Second, the report argues Wal-Mart regularly fails to
\nprovide ADA-mandated accommodations for employees and job applicants with
\ndisabilities. Wal-Mart Watch plans to distribute the report to Congress,
\nto disability rights groups, and to other elected officials and organizations.<\/p>\n

Wal-Mart Watch: Reasonable Accommodation-Denied: An Emerging Tale of Lawsuits,
\nSettlements, and Wal-Mart’s Broken Promises to Applicants and Employees
\nwith Disabilities, October 2008, available at<\/p>\n

http:\/\/www.walmartspeakout.com\/page\/-\/ADAreport.pdf<\/a><\/p>\n

More information on Wal-Mart’s treatment of employees with disabilities
\nis available at Wal-Mart Watch’s recently launched website,<\/p>\n

http:\/\/www.walmartspeakout.com<\/a>.<\/p><\/blockquote>\n


\n2. Third Circuit to Determine Class Certification in ADA Case<\/strong>
\n<\/span><\/p>\n


\nThe Third Circuit Court of Appeals, including visiting judge and former
\nU.S. Supreme Court Justice Sandra Day O’Connor, is reviewing a decision from
\nthe Western District of Pennsylvania certifying a class action brought by United
\nParcel Service (UPS) employees. The employees allege the company’s unwritten
\npolicy requiring employees to be “100% cured” before they return
\nto work thwarts attempts for reasonable accommodations by preventing employees
\nwho might be functional with an accommodation from returning to work.<\/span><\/p>\n

Attorneys for UPS urged the Third Circuit to reverse the district court’s
\ndecision and deny the class certification, arguing the group lacks a “common
\nthread” (or commonality), one of four essential components for class
\ncertification. UPS contended that the thousands of plaintiffs involved vary
\nin both their impairments and requested relief. Attorneys for the plaintiffs
\nargued, once plaintiffs proved the existence of the illegal policies, class
\nmembers could continue in the litigation under the “presumption that
\nthey were victims of the policies.” Plaintiffs further noted the defined
\nclass parameters include only workers who were unable to return to work due
\nto the alleged illegal policies. The ADA does permit class actions, but limits
\ncases to those “[lending themselves] to class treatment in which an
\nemployer imposes job requirements that have the effect of excluding a class
\nof workers with a defined disability.”<\/p>\n

Full Story:<\/p>\n

Shannon P. Duffy, Justice O’Connor Sits on 3rd Circuit Panel Hearing
\nUPS Challenge to ADA Class Action, The Legal Intelligencer, November 21,
\n2008, available at<\/p>\n

http:\/\/www.law.com\/jsp\/article.jsp?id=1202426195671<\/a><\/p><\/blockquote>\n


\n3. Creating Public Awareness of a North Carolina Eugenics Program<\/strong>
\n<\/span><\/p>\n


\nProfessor Johanna Schoen, now an associate professor of history and women’s
\nstudies at the University of Iowa, stumbled upon disturbing evidence of a state-administered
\neugenics program while conducting research as a graduate student. The North
\nCarolina program, which did not end until 1975, purported to “improve
\nthe quality of the race,” by ordering sterilization for individuals against
\ntheir consent, including individuals in mental institutions, and people on
\nwelfare. Social workers could recommend people for sterilization, and often
\nthese petitions included family medical and social history. The files Professor
\nSchoen accessed revealed living conditions, family histories, reasons individuals
\nwere recommended for sterilization, and individuals’ feelings on their
\npending sterilization.<\/span><\/p>\n

To create public awareness of the issue, Schoen notified local newspapers
\nof her discovery. The media coverage induced an apology from the governor and
\ngenerated a number of projects aimed at raising additional awareness, including
\na traveling exhibit and a Lifetime docudrama.<\/p>\n

Full Story:<\/p>\n

Nicole Riehl, Profiles: Johanna Schoen, College of Liberal Arts and Sciences,
\n45 fyi 11, November 3, 2008, available at<\/p>\n

http:\/\/www.uiowa.edu\/~fyi\/issues\/issues2008_v45\/11032008\/profiles.html<\/a><\/p><\/blockquote>\n


\nB. EDUCATION <\/strong><\/span><\/p>\n

1. U.S. Education Department Awards Grants to Aid
\nStudents with Disabilities<\/strong><\/p>\n


\nThe U.S. Department of Education Office of Special Education Programs
\nrecently awarded a $1.6 million grant to the University of Oregon to lead
\na collaborative effort with the University of Connecticut, the University
\nof Missouri, eight other universities, state governments and service organizations
\nto expand the projects of The National Technical Assistance Center on Positive
\nBehavioral Interventions and Supports (PBIS). PBIS, established in the 1990s,
\nis a program designed to develop positive interventions to aid students with
\nbehavioral challenges.<\/span><\/p>\n

The Department of Education also granted $1 million to each of 22 universities
\nto fund the creation of a Universal Design Program in each of the institutions.
\nThese programs will allow students with disabilities to learn in a more accessible
\nenvironment, and benefit from the most successful teaching methods. The University
\nof Vermont, one of the 22 schools receiving grant money, will use the funds
\ntowards creating a support team to supply technical resources and information,
\nand to suggest teaching practices to all faculty members teaching students
\nwith disabilities.<\/p>\n

Full Story:<\/p>\n

University of Oregon, UO to Head Expansion of Special Education Technical Assistance
\nCenter, University of Oregon Media Relations, November 10, 2008, available
\nat<\/p>\n

http:\/\/pmr.uoregon.edu\/science-and-innov…istance-center\/<\/a><\/p>\n

Ben Whalen, UVM receives $1 Million to Make Education Accessible, The Vermont
\nCYNIC, November 18, 2008, available at<\/p>\n

http:\/\/media.www.vermontcynic.com\/media\/…e-3548139.shtml<\/a><\/p><\/blockquote>\n


\n2. Leadership Program to Teach Skills on an International Level<\/strong>
\n<\/span><\/p>\n


\nThe Perkins School for the Blind, located in Watertown, Massachusetts, is
\na leading innovator in serving people with visual impairments. Each year
\nthe school hosts a nine-month Educational Leadership Program, bringing
\n12 teachers from around the world to the campus to learn new methods and
\nskills on instructing students with disabilities. This year, there are two
\nwomen from Armenia, Astghik Nalbandyan and Hasmik Dzvakeryan, participating
\nin the program. They plan to use the skills they learn at the Perkins School
\ntowards improving their teaching program at the Gyumri Children’s Home in
\nArmenia, where they teach 135 students many of whom have significant visual
\nimpairments. Through this partnership, the Children’s Home hopes to begin
\na preschool program as well as expand their use of technology.<\/span><\/p>\n

Full Story:<\/p>\n

Perkins School for the Blind, Long Distance Lessons, The Lantern, Fall 2008,
\navailable at<\/p>\n

http:\/\/www.perkins.org\/assets\/downloads\/lantern\/2008-fall-lantern_.pdf<\/a><\/p><\/blockquote>\n


\n3. University of Iowa Provides College Education to Young Adults with
\nDisabilities<\/strong>
\n<\/span><\/p>\n


\nThe University of Iowa recently introduced Realizing Educational and Career
\nHopes (REACH), a two-year certificate program for young adults aged 18-25 with
\nlearning and cognitive disabilities. Students in the program will live in residence
\nhalls and participate in university life while learning career development,
\ncomputer and interpersonal skills, as well as enhancing their academics and
\nreceiving post-program internship and employment help. The program focuses
\non fostering independence and self-sufficiency while helping its students make
\npositive life choices. Eligible students must be identified as having learning
\nor cognitive disabilities that interfered with his or her school performance
\nand have a high school diploma or certificate of completion from a certified
\nsecondary school. For additional information and requirements, visit http:\/\/www.education.uiowa.edu\/reach\/<\/a><\/span><\/p>\n

Full Story:<\/p>\n

Brian Morelli, Making College Life a reality, IowaCityPress.com, October 15,
\n2008, available at<\/p>\n

http:\/\/www.press-citizen.com\/apps\/pbcs.dll\/article?AID=\/20081015\/NEWS01\/810150304\/1079<\/a><\/p><\/blockquote>\n


\nC. TECHNOLOGY \/ TELECOMMUNICATIONS<\/strong><\/span><\/p>\n

1. Will Technology Replace Service Animals?<\/strong><\/p>\n


\nResearchers at Georgia Tech are working to develop a robotic device that would
\nperform the same functions as service dogs. Service dogs assist individuals
\nwith visual and other impairments by doing tasks such as fetching objects,
\nopening doors, and safely guiding navigation. Individuals often have to pay
\nup to $16,000 for the dogs and then wait up to two years to allow the dog proper
\ntraining. In response to the growing demand for service dogs, researchers wanted
\nto develop a cheaper and more available robotic device for individuals with
\nvisual impairments. The robots have a point-and-click laser function in which
\nusers gesture at the object they want, and in response, the robot locates the
\nobject and uses its sensors to retrieve the item for the user. However, the
\nrobots cannot perform the more complex functions such as opening doors and
\nwindows.<\/span><\/p>\n

Full Story:<\/p>\n

R. Colin Johnson, Research Seeks to Replace Service Dogs with Robots, EETimes,
\nOctober 28, 2008, available at<\/p>\n

http:\/\/www.eetimes.com\/showArticle.jhtml…cleID=211601091<\/a><\/p><\/blockquote>\n


\n2. New Toys Help Children with Disabilities Play<\/strong>
\n<\/span><\/p>\n


\nAbilityNet, a London-based charity organization, helping people with disabilities
\nuse information and communication technology, has teamed up with technology
\nmanufacturer, Excitim Ltd., to develop new toys for children with limited
\nmotor skills. One such toy, the Dream-Racer, has a motion-sensing electronic
\nsystem installed in a baseball cap, so users unable to control standard joysticks
\nhave an alternative way to participate in toy car, boat and truck racing
\ngames. Additionally, AbilityNet’s AccessFun software is a collection
\nof games for individuals with visual and physical impairments unable to operate
\nmultiple switches. The Dream-Mouse allows users with difficulties operating
\na computer mouse to play computer games by using head and other body movements.
\nFor more information about the toys, visit http:\/\/www.abilitynet.org.uk\/index.php<\/a>.<\/span><\/p>\n

Full Story:<\/p>\n

Andrea-Marie Vassou, Disabled Children Get Specially Adapted Toys: New Toys
\nWill Enable Children to Play Normally, Computeract!ve, November 11, 2008,
\navailable at<\/p>\n

http:\/\/www.computeractive.co.uk\/computeractive\/news\/2230257\/disabled-children-specially<\/a><\/p><\/blockquote>\n


\n3. Intelligent Walker Communicates with and Learns from User<\/strong>
\n<\/span><\/p>\n


\nResearchers at the Technical University of Catalonia have designed a walker,
\ncalled the Intelligent Walker, or i-Walker, which can communicate with its
\nuser, think for itself, and react to the environment. The device follows
\nvoice commands from the user, such as “take me to the kitchen.” The
\nwalker also uses intelligent multi-agent systems technology, including independent
\nmovement and personalized intelligent software, to observe and interact with
\nthe surroundings. It has the ability to learn and adapt its assistance to
\nthe needs of the user, enhancing their independence. The i-Walker has use
\nin medical rehabilitation, particularly for recovering motor skills. The
\ndevice can adjust the aid it provides to the individual, allowing the user
\nto become less dependent on the walker and grow stronger. Additionally, the
\nwalker measures travel distance, calculates calories burned, and uses an
\naccelerometer to detect falls.<\/span><\/p>\n

Full Story:<\/p>\n

Science Daily, Intelligent Walker Designed to Assist the Elderly and People
\nUndergoing Medical Rehabilitation, November 10, 2008, available at<\/p>\n

http:\/\/www.sciencedaily.com\/releases\/2008\/11\/081107072015.htm<\/a><\/p><\/blockquote>\n


\nD. HEALTHCARE \/ BENEFITS<\/strong><\/span><\/p>\n

1. Social Security Administration Releases 2009
\nCost of Living Adjustment <\/strong><\/p>\n


\nIn October 2008, the Social Security Administration released the Cost of Living
\nAdjustment (COLA) for 2009, based on increases in the Consumer Price Index
\nfor the current year to ensure Social Security beneficiaries receive a pension
\nthat adjusts for inflation. Social Security and Supplemental Security Income
\n(SSI) beneficiaries will receive a 5.8 percent COLA for 2009, a significantly
\nlarger increase than the 2.3 percent adjustment for 2007 and the 3.3 percent
\nadjustment for 2008. With this increased COLA adjustment, the average Social
\nSecurity Disability Insurance payments will increase from $1,006 to $1,064
\nper month, and the SSI Federal Benefit Rate will increase from $637 to $674
\nper month.<\/span><\/p>\n

Full Story:<\/p>\n

Social Security Online, 2009 Social Security Changes, SocialSecurity.gov, October
\n2008, available at<\/p>\n

http:\/\/www.ssa.gov\/cola\/colafacts2009.htm<\/a><\/p><\/blockquote>\n


\n2. Federal Drug Experts Criticize Doctors for Over-Prescribing Antipsychotics
\nto Children<\/strong>
\n<\/span><\/p>\n


\nA panel of federal drug experts, meeting to review the pediatric safety
\nof the popular antipsychotic medicines Risperdal and Zyprexa, concluded these
\ndrugs are over-prescribed to children and pose substantial risks. Risperdal
\nwas prescribed to more than 389,000 children and teenagers in 2007, with
\n240,000 of those patients aged 12 or younger, and the prescription was often
\ntreatment for attention deficit disorders. However, the drug is not approved
\nfor treating attention deficit problems, and its risks include weight gain,
\nmetabolic disorders and permanent muscular tics. Over the last fifteen years,
\nprescriptions of antipsychotic drugs in children have increased by five times.
\nOften, the drugs are meant to settle outbursts and aggression in children,
\nbut young people are particularly susceptible to their side effects. Between
\n1993 and the beginning of 2008, 1,207 children suffered serious health problems
\nafter being treated with Risperdal, and 31 died.<\/span><\/p>\n

Full Story:<\/p>\n

Gardiner Harris, Use of Antipsychotics in Children Is Criticized, New York
\nTimes, November 18, 2008, available at<\/p>\n

http:\/\/www.nytimes.com\/2008\/11\/19\/health\/policy\/19fda.html?ref=health<\/a><\/p>\n

Also available at<\/p>\n

http:\/\/www.iht.com\/articles\/2008\/11\/20\/healthscience\/19fda.php<\/a> and http:\/\/www.starnewsonline.com\/article\/20081119\/ZNYT04\/811193013<\/a><\/strong><\/p><\/blockquote>\n


\n E. WORKFORCE<\/strong><\/span><\/p>\n

1. Tips for Employers: How to Ensure Compliance
\nwith the ADA Amendments Act<\/strong><\/p>\n


\nThe ADA Amendments Act of 2008, effective January 1, 2009, may require businesses
\ntake extra steps to ensure their compliance within the ADA. The Amendments
\nreinforce the original intent of the ADA and directly attacks some key decisions
\nmade by the U.S. Supreme Court, which effectively narrowed the definition
\nof disability under the ADA. Employers in some states such as California,
\nNew Jersey and New York will have little to change because their state laws
\nare more expansive than the amended ADA.<\/span><\/p>\n

Employment lawyer Burton Fishman recommends that before January 1st, employers
\nnationwide do the following: 1) review their policies and procedures to assure
\nan interactive process when accommodating individuals with disabilities; 2)
\nreassess their job descriptions ensuring the accuracy of essential job functions
\nand designate which functions may require accommodations; and 3.) ensure procedures
\nexist for keeping records of accommodation requests, determination of such
\nrequests, and information explaining the determinations made.<\/p>\n

Full Story:<\/p>\n

Burton J. Fishman Fortney & Scott, LLC, More Workers Protected from Disability
\nDiscrimination under ADA Amendments Act, HRHero.com, October 3, 2008, available
\nat<\/p>\n

http:\/\/www.hrhero.com\/hl\/100308-lead-ada_amendments_act.html<\/a><\/p><\/blockquote>\n


\n2. U.S. Department of Labor’s Alliance with the U.S. Business
\nLeadership Network <\/strong>
\n<\/span><\/p>\n


\nThe U.S. Department of Labor’s Office of Disability Employment Policy
\n(ODEP) and the U.S. Business Leadership Network (USBLN)–a national organization
\nrecognizing and promoting best practices in hiring, retaining, and marketing
\nto people with disabilities–have partnered to promote the employment
\nof people with disabilities. The partnership will enable USBLN and ODEP to
\nachieve their goals of ensuring “everyone ready, willing and able to
\nwork has the opportunity to do so” and of helping employers to hire,
\nrecruit and retain workers with disabilities by providing guidance, information
\nand access to resources. ODEP’s alliance initiative is available to
\nbusinesses, trade and professional associations, labor unions, educational
\ninstitutions, government agencies, and others.<\/span><\/p>\n

Full Story:<\/p>\n

U.S. Department of Labor, U.S. Department of Labor Establishes Alliance with
\nU.S. Business Leadership Network to Promote Employment of Workers with Disabilities
\nNationwide, September 17, 2008, available at<\/p>\n

http:\/\/www.dol.gov\/opa\/media\/press\/odep\/odep20081327.htm<\/a><\/p>\n

For more information on USBLN:<\/p>\n

http:\/\/www.usbln.org\/<\/a><\/p><\/blockquote>\n


\nF. INDEPENDENCE<\/strong><\/span><\/p>\n

1. New Program Allows People with Disabilities to
\nVote by Phone<\/strong><\/p>\n


\nIndividuals with visual impairments in Vermont and four other states had
\nthe option to cast their ballot by using the Vote-By-Phone system in this
\nyear’s
\npresidential election. The program is in response to the 2002 Help America
\nVote Act, designed to ensure equal voting access for all people. The phone
\ncall accesses a computer that provides verbal prompts leading voters through
\nthe ballot, listing the candidates for each office. When the voter’s
\nchoice for each office is read, the voter presses the number 5, which has
\na raised bump in the middle for people working by touch. In the past, voters
\nwith visual impairments and other disabilities had to bring a friend or poll
\nworker into the booth with them in order to help them read and fill out paper
\nballots. The goal of the Vote-By-Phone method is to give voters the same
\nsense of independence and privacy that those without disabilities have. Despite
\nits benefits, only 29 people in Vermont used the device this year due to
\nlack of knowledge of the existence of the technology, as well as the availability
\nof absentee voting.<\/span><\/p>\n

Full Story:<\/p>\n

Dave Gram, Disabled Now Can Vote by Phone, News Times, November 9, 2008, available
\nat<\/p>\n

http:\/\/www.newstimes.com\/ci_10942030<\/a><\/p><\/blockquote>\n


\n2. Inaccessibility Caused by Lack of National Design Standards<\/strong>
\n<\/span><\/p>\n


\nIn the coming 60 Hastings Law Journal, Professor Robin Paul Malloy examines
\nthe difference between inclusive design requirements in public places (i.e.
\nparks and theaters) verses the requirements in private homes. Professor Malloy’s
\nfindings show the absence of a national design standard in private homes limits
\ntheir accessibility to people with mobility impairments. Exclusionary and unsafe
\nfeatures, illegal in public places, are common in private homes; therefore,
\nProfessor Malloy argues there needs to be a national inclusive design standard
\nfor all new single-family residential housing units. Defending this need, Professor
\nMalloy details the current law on physical accessibility and discusses two
\ncompeting standards for inclusive design in private homes \u2013 “universal
\ndesign” and “visitability.” Defining single-family homes
\nas “quasi-public” because visitors may include people with mobility
\nimpairments, Professor Malloy describes how to use local and national mechanisms
\nto enforce a national design standard, and explains the tension between improving
\naccessibility and maintaining affordability.<\/span><\/p>\n

Full Story:<\/p>\n

Robin Paul Malloy, Inclusion by Design: Accessible Housing and the Mobility
\nImpaired, Social Science Research Network, November 18, 2008, available at<\/p>\n

http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=1303047<\/a><\/p><\/blockquote>\n


\nG. EMERGENCY RESPONSE \/ PREPAREDNESS <\/strong><\/span><\/p>\n

1.<\/strong> Ensuring “No One is Left
\nBehind” <\/strong><\/p>\n


\nIn his report, “Assessing the Impact of Hurricane Katrina on Persons
\nwith Disabilities,” Kansas University professor Glen White identified
\nthe major issues faced by centers for independent living and emergency managers
\nin their response to the needs of people with disabilities after Hurricane
\nKatrina. Professor White’s findings will help individuals of Douglas
\nCounty in Lawrence, Kansas to develop a plan for people with disabilities
\nin the event of a disaster, ensuring no one is left behind. Emergency planners
\nand advocates are urging agencies working with Douglas County residents,
\nincluding those with physical, cognitive or sensory disabilities, to have
\nan emergency plan, and for individuals themselves to form their own emergency
\nplans.<\/span><\/p>\n

Full Story:<\/p>\n

County Emergency Making Sure “Nobody is Left Behind:” New Program
\nAims to Ensure No Vulnerable Residents Abandoned in Emergency, November 17,
\n2008, available at<\/p>\n

http:\/\/www2.ljworld.com\/news\/2008\/nov\/17\/county_emergency_making_sure_nobody_left_behind\/<\/a><\/p><\/blockquote>\n


\n2.<\/strong> El Paso Develops a Plan to Evacuate People with
\nSpecial Needs <\/strong>
\n<\/span><\/p>\n


\nThe current wildfire evacuation plans for El Paso County fail to address the
\nneeds of residents with disabilities living alone. County officials plan to
\nremedy this failure by using $80,000 dollars from a $1.1 million dollar allocation
\nthe County and four others received from the Department of Homeland Security.
\nThe County will use the $80,000 to perform a study focusing primarily on people
\nwith disabilities living independently and unable to evacuate on their own.
\nAlthough the exact number of residents living with disabilities in El Paso
\nis unknown, County officials expect to find a large population needing assistance
\nfor evacuation due to disabilities. Thus, the new evacuation plan will rely
\non a registry the county plans to build with the help of Pikes Peak United
\nWay, a locally-governed, independent organization addressing public problems
\nin El Paso and Teller counties.<\/span><\/p>\n

Full Story:<\/p>\n

TMC News, A Plan to Evacuate Special-Needs People, November 11, 2008, available
\nat<\/p>\n

http:\/\/www.tmcnet.com\/usubmit\/2008\/11\/11\/3778464.htm<\/a><\/p><\/blockquote>\n


\n3. New Jersey Special Needs Registry Can Save Lives<\/strong>
\n<\/span><\/p>\n


\nState and local officials are urging people with disabilities to register
\nfor New Jersey’s Special Needs registry. This registry, established
\nover a year ago, is a free and confidential database providing emergency
\nresponders with information about the needs of individuals with disabilities
\nduring an emergency. The Princeton Regional Health Department is working
\nalongside the New Jersey Office of Emergency Management and the New Jersey
\nOffice of Homeland Security and Preparedness to identify all individuals
\nwho qualify for the registry. To register, please visit: http:\/\/registerready.nj.gov<\/a><\/span><\/p>\n

Full Story:<\/p>\n

Alex Zdan, A Crisis Database Lacks Data: Officials Urge Disabled People to
\nSign up for Help During Emergency, NJ.com November 16, 2008, available at<\/p>\n

http:\/\/www.nj.com\/news\/times\/regional\/index.ssf?\/base\/news-15\/1226811912192100.xml&coll=5<\/a><\/p><\/blockquote>\n


\nH. INTERNATIONAL<\/strong><\/span><\/p>\n

1.<\/strong> UN Report Addresses Violence
\nAgainst Persons with Disabilities <\/strong><\/p>\n


\nThe United Nations released an interim report of the Special Rapporteur
\non torture and other inhumane and degrading treatment addressing, in part,
\nthe importance of protecting persons with disabilities. The Rapporteur acknowledges
\nreports of various forms of violence against persons with disabilities. “By
\nrecognizing and reframing violence and abuse . . . as torture,” victims
\nand advocates can claim the protection of an international legal framework
\nprohibiting acts of torture. Such a framework holds accountable signatory states,
\nas well as their public officials, doctors, health professionals and social
\nworkers, to ensure the physical and mental integrity of all individuals in
\ntheir care. The report urges states to ratify the Convention on the Rights
\nof Persons with Disabilities, and encourages parties to the Convention to raise
\nawareness of the issue, to enact relevant legislation concerning the legal
\ncapacity of people with disabilities, and to issue clear guidelines defining “free
\nand informed consent.” The report further calls on independent human
\nrights groups to monitor institutions.<\/span><\/p>\n

Full Story:<\/p>\n

United Nations General Assembly, Interim Report of the Special Rapporteur on
\nTorture and other Cruel, Inhuman, or Degrading Treatment or Punishment, July
\n28, 2008, available at<\/p>\n

http:\/\/www.unhcr.org\/refworld\/docid\/48db99e82.html<\/a><\/p><\/blockquote>\n


\n2.<\/strong> European Commissioner for Human Rights Urges More
\nNeeds to Be Done<\/strong>
\n<\/span><\/p>\n


\nOn October 21, 2008, Thomas Hammarber, the Council of Europe’s Commissioner
\nfor Human Rights, released his standpoint on issues concerning the fair treatment
\nof people with disabilities living in European countries. Mr. Hammarber emphasized
\nthat European state leaders must do more to protect the rights of people
\nwith disabilities as recognized under international human rights treaties,
\nincluding the recent UN Convention on the Rights of Persons with Disabilities.
\nIn particular, governing bodies must focus their attention on children with
\nphysical disabilities, elderly people with disabilities and people with mental
\ndisabilities. Mr. Hammarber believes policy makers must take the following
\nactions:<\/span><\/p>\n