Friday, June 22, 2012

A Long View of Change


A Long View of Change

Categories: Civil Rights, Education
 Photography of L. Scott Lissner
By Guest Blogger L. Scott Lissner, President Elect, Association on Higher Education And Disability
I have spent more than 30 years in college! Most of them have been working with students who have disabilities. For nearly as long, I have been a member of the Association on Higher Education And Disability (AHEAD), which was founded in 1977 to help colleges implement the freshly minted regulations of Section 504 of the Rehabilitation Act. For the first time colleges, at least those receiving federal funds, were forbidden from discriminating on the basis of disability and were required to provide equal access to students with disabilities. 1990 brought the Americans with Disabilities Act (ADA), true civil rights legislation that expanded disability rights beyond the classroom and federal funds recipients to employment and public places.
According to a report from the American Council on Education, the ADA increased participation in higher education by students with disabilities from an estimated seven percent in 1988 to nine percent in 1994. Today, the Government Accountability Office reports that 11 percent of college students report having a disability. Our understanding of disability has also grown. AHEAD now provides guidance on best practices through national conferences and 33 regional affiliates, representing a diverse network of more than 2,500 members who actively address disability issues on their campuses every day, while working on public policy at the state and national levels.
The focus has shifted from simply adding ramps to providing seamless access for people with disabilities participating in all aspects of higher education. Whether visiting a campus for a concert, lecture or football game; taking continuing education classes; participating in certificate programs; or getting advanced degrees, our members work to create a welcoming experience through universal design and accommodations. Our definition of disability has also evolved. We not only recognize a wider range of conditions, but also the fact that it is how those conditions interact with the physical and social environment that creates the disability.
The wider definition and deeper understanding of disability is reflected in the emergence of Disability Studies as a discipline on college campuses, as well as the ADA Amendments Act of 2008 and changes to the Title I, II and III regulations. Last month, AHEAD released a new document entitled “Supporting Accommodation Requests: Guidance on Documentation Practices”. The guidance identifies changes in the law and the underlying philosophy for those changes. It also provides a framework for understanding how those changes affect who is eligible for accommodations. The approach is more person-centered, uses a student’s own description of his or her needs and focuses on his or her educational and accommodation history, rather than diagnostic profiles. This collaborative approach fosters respect for individuals with disabilities.
What Will Be Different?
In some cases, nothing at all. Students who are deaf, and asking for accommodations like real-time transcription or interpreters, have generally not been asked for proof of their disability (such as an audiogram). For others, like students with learning disabilities who are requesting extended time on tests or books in alternative formats, this change is big.
In general, students will need less in the way of formal medical and psychological documentation. The ADA Amendments and the new regulations state that accommodation requests should be evaluated using a commonsense standard, without the need for specific language or extensive diagnostic evidence. A request with a clear explanation of the need will generally only need confirmation from an appropriate professional that the identified need is based on a disability.
Ensuring that accommodations provide effective access requires a process that is responsive to the unique experience and needs of each individual. Students and disability resource professionals should engage in an exploration of previous educational experiences, past use of accommodations and what has been effective and ineffective in providing access. The weight given to the individual’s description will be influenced by its clarity, internal consistency and congruency with the professional’s observations and available external documentation.
If a student is unable to clearly describe how his or her disability is connected to a barrier and how the accommodation would provide access, there will be a need to request third party documentation that explains that connection. Students will want to be prepared to describe their needs.
What Should Students Do to Prepare?
Being able to clearly describe your condition, its impact and your needs is more important than ever. The following questions will help students with this process. These questions also make a great tool for transition teams, counselors, parents and others service providers.
• How do you describe your condition?
How do you describe your condition, and how do you want it described to others? You may choose to keep information about your disability confidential. However, the disability resource office will need to have enough information to evaluate the need for accommodations and services. Instructors need considerably less information and may be told as little as what accommodations are appropriate. Even if your disability is not visible or obvious, it is likely that at some point a few of your new friends and classmates will notice an accommodation; how will you describe your situation to them?
• What is the impact of your condition?
It is helpful to think about how your condition has impacted you in various situations in the past; then to consider how it is likely to impact the typical activities you can expect to encounter at college. You may want to pay particular attention to the following contexts:
  • Classes (lectures, laboratory, physical activity, Web-based);
  • Assignments (reading, writing, calculating, keyboarding, library work);
  • Communication (speaking, listening, phone, email);
  • Evaluation (tests, papers, oral repots, group presentations/projects);
  • Time Constraints (timed tests, college deadline, assignment due dates);
  • Attendance (class, required activities out of class, residential requirements);
  • Campus (mobility; orientation/navigation, transportation);
  • Residence Halls (roommates, food issues, climate control);
  • Co-Curricular (clubs, organizations, events, athletics).
• What have you tried in the past?
What accommodations, auxiliary aids, adaptive equipment, modifications and services have been provided in the past? Which ones work well? Which ones did not?
• What do you anticipate needing at college?
Beyond College: High Stakes Testing & Employment
One frequent question I get is, “Does this apply to the testing agencies (ACT, ETS, LSAC, NBME)?” The short answer is yes. The slightly longer answer is that AHEAD’s Guidance was based in part on the revised ADA Title III regulations for Examinations and Courses (28 CFR 36.309). This regulation covers any private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or postsecondary education, professional or trade purposes. So the high stakes testing industry would seem to be covered.
These regulations require that any request for documentation must be reasonable and limited to the need for the modification, accommodation or auxiliary aid or service requested. They go on to say that entities must give considerable weight to documentation of past modifications, accommodations or auxiliary aids or services received in similar testing situations, or those provided in response to an Individualized Education Program (IEP) or under Section 504 of the Rehabilitation Act of 1973, as amended.
Another question I hear often is, “What will employers ask for?” The ADA Amendments Act was motivated by employment issues. In the legislation, Congress directed the Equal Employment Opportunity Commission (EEOC) to revise the ADA’s Title I regulations for employment. The new Title I regulations utilize the same approach to documenting accommodation requests.
L. Scott Lissner has served as the ADA coordinator for The Ohio State University since January of 2000. Housed in the Office of Diversity and Inclusion within the Provost’s Office, Lissner is an associate of the John Glenn School of Public Policy and serves as a lecturer for the Moritz College of Law, the Knowlton School of Architecture and Disability Studies. His teaching and public service informs his work as the university’s disability compliance officer; energizes his role in creating seamless access to all of the university’s programs, services, employment opportunities and facilities; and guides his efforts as a catalyst for disability-related initiatives. Engaged in community and professional service, Lissner is president elect of the Association on Higher Education And Disability and serves on the Board of Directors for ADA-OHIO and the Editorial Board for Thompson’s 504 Compliance Manual. Lissner has been appointed to the Columbus Advisory Committee on Disability Issues, Ohio’s Help America Vote Act (HAVA) Committee and the Ohio Governor’s Council for People with Disabilities. Lissner publishes, presents and consults frequently on disability issues.

Source:  http://usodep.blogs.govdelivery.com/2012/06/20/a-long-view-of-change/

Wednesday, June 20, 2012

A Call for Nominations: FCC Chairman's Awards for Advancement in Accessibility

A Call for Nominations: FCC Chairman's Awards for Advancement in Accessibility

by: Kris Monteith, Acting Bureau Chief, Consumer and Governmental Affairs Bureau

June 14th, 2012

The Commission recently announced that it would be accepting nominations for the second annual Chairman's Awards for Advancement in Accessibility (Chairman's AAA). This project, coordinated by the Commission's Accessibility and Innovation Initiative (A&I Initiative), seeks to recognize innovations in the field of Accessibility and Technology. The Chairman's AAA and the A&I initiative are based on recommendations in the National Broadband Plan, an FCC report to Congress in 2010.
In a rapidly changing world, we must ensure that newly developed technologies continue to meet the needs of people with disabilities. Technological advances, moreover, provide opportunities to bridge current accessibility gaps in a cost-effective and efficient manner. To this end, the A&I Initiative works to foster collaborative problem-solving among industry, consumer, and government stakeholders so that people with disabilities can reap the full benefit of broadband communication technologies. The Chairman's AAA encourages innovation in this field through high-profile recognition.
In 2011, nominations for the inaugural Chairman's AAA were received from a variety of entities, including small and large communication businesses, institutions of higher learning, app developers, government agencies, the assistive technology industry, and public-private partnerships. A cross-bureau advisory group was formed inside the Commission to review the nominations and advise the Chairman on the awards. Chairman Genachowski and Commissioner Copps presented awards to winners and honorable mentions at a ceremony held at the Commission on October 28, 2011. The FCC's Technology Experience Center also featured demonstrations of technologies by award winners during that month of October.
This year, the awards have been split into the following seven categories: (1) Education, College/University; (2) Deaf-Blind Solutions; (3) Video Programming Device Solutions; (4) Geo-location Solutions; (5) Mobile Apps; (6) Consumer Empowerment Information; and (7) Civic Participation Solutions. Nominations may be submitted in these categories for any technology, product, service, or practice designed to increase or promote accessibility, which is introduced to the public during the year starting July 31, 2011 and ending July 31, 2012.
The Commission is accepting nominations during the two-month period from May 31, 2012 to July 31, 2012 at the email address ChairmansAAA@fcc.gov. A nomination should include a brief description of the innovation, identification of the category of innovation, the date the innovation was introduced, and why the innovation qualifies for the Chairman's Award. Applicants can nominate themselves or others they think are deserving of such an award. Award winners will again be selected by an internal cross-bureau advisory group comprised of subject matter experts on accessibility issues. For more information please contact us at ChairmansAAA@fcc.gov. We look forward to hearing from you!

Accessible Technology in the Workplace Webcast — June 21st from 2:00pm to 3:00pm EDT

Technology

Accessible and usable workplace technologies, and various types of assistive technology, are paramount to helping people with disabilities succeed on the job and deliver for their employers. Reflecting this, ODEP has a long history of exploring policies that will advance the development and adoption of accessible, interoperable and usable information and communication technologies (ICT) in the workplace.

AT Works: Accessible Technology in the Workplace Webcast — June 21st from 2:00pm to 3:00pm EDT  

ODEP's Accessible Technology in the Workplace Initiative promotes the accessibility of workplace technology as a means to increasing the hiring, retention and advancement of people with disabilities in the public and private sector.  The "AT Works" online educational series is part of this effort.  ODEP will be hosting a series of free webcasts and webinars over the next several months to explore the connection between emerging technologies and the employment of people with disabilities.  
To kick off the series, ODEP will host a live webcast on Accessible Technology's Role in Today's Workplace.
What
  • A panel discussion moderated by Tom Temin, Anchor, Federal News Radio.
  • Panelists include Kathleen Martinez, Assistant Secretary of Labor for Disability Employment Policy; Brian Hurley, Public Affairs Director, National Industries for the Blind; and Christian Vogler, Ph.D., Associated Professor and Director of the Technology Access Program, Co-PI, RERC on Telecommunications Access, Gallaudet University.
When
  • Thursday, June 21st from 2:00pm - 3:00pm EDT
  • An archived version will be available for viewing starting the day after the event
Where
  • Access the webcast from this page on June 21st
  • The event will be live audio-captioned
  • Real-time Twitter feed with the hashtag #ATworks
  • No registration is required
Who
  • Employers, workers, policymakers, advocates and others interested in learning more about accessible technology and its impact on the employment of people with disabilities. 
Fort more information go to: http://www.dol.gov/odep/topics/Technology.htm

Take the Test. Take Control: National HIV Testing Day


Take the Test. Take Control: National HIV Testing Day

Categories: Disability.Blog News
By Miguel Gomez, Director, AIDS.gov 
Take the Test. Take Control. That’s the theme of National HIV Testing Day (NHTD), observed every year on June 27. President Obama has said National HIV Testing Day “reminds each of us to do our part in fighting HIV/AIDS and get tested. After years of critical investments in research, prevention and care, we now have the tools to stem the spread of the disease and extend the lives of those Americans living with HIV.”
As reported in a 2009 “Disability and HIV Policy Brief” from the UN Office of the High Commission for Human Rights, the World Health Organization and UNAIDS, “the relationship between HIV and disability has not received due attention, although people with disabilities are found among all key populations at higher risk of exposure to HIV.”  The brief discusses why persons with disabilities may be at risk for HIV infection. Reasons include risk behaviors, sexual violence and access to HIV education, information and prevention services.
The disability community has long been a solid ally in the response to HIV/AIDS. As we approach NHTD, I appreciate the opportunity as a guest blogger to speak to this community about HIV testing.
Why Take the Test?
The Centers for Disease Control and Prevention (CDC) estimates that more than one million Americans are living with HIV; and one in five do not know their HIV status. 
To quote Dr. Frieden of the CDC:
Research shows that once people get tested, those who are HIV positive take steps to protect their partners from HIV. Testing HIV negative is also beneficial – as it empowers individuals to take stock of – and modify – risky sexual behaviors so that they can remain HIV negative.
If you are HIV positive – what you don’t know CAN hurt you – and others. A third of those with HIV are tested very late and develop AIDS within a year of their HIV diagnosis, which may be too late to utilize the full benefits of treatment. Approximately 17,000 Americans with AIDS still die each year.
Find a Testing Site 
We at AIDS.gov believe it is essential that we link people to local HIV test sites. I encourage everyone to use and share the HIV/AIDS Prevention & Service Provider Locator –  a simple tool for anyone in the U.S. to find HIV testing, prevention, housing, mental health, substance abuse and treatment services.
In addition, people can locate local HIV testing sites by sending a text message with their ZIP code to “KNOWIT” (566948), visiting www.HIVtest.org, or calling 800-CDC-INFO.
Want to know more?  

Competitors Form Partnership to Develop Autism Drugs



Two of the front-runners in the race to develop drugs to treat mental retardation and autism are joining forces, hoping to save money and get to the market sooner.
A deal, expected to be announced on Tuesday, will pool the resources of Roche, the Swiss pharmaceutical giant, and Seaside Therapeutics, a private 30-employee company based in Cambridge, Mass.
“This deal will establish the biggest effort to date” in autism drugs, Luca Santarelli, head of neuroscience for Roche, said before the announcement. Financial terms are not being disclosed.
There is rising excitement that drugs might be able to relieve some of the behavioral problems associated with autism and in particular a cause of autism and mental retardation known as fragile X syndrome. About 100,000 Americans have fragile X syndrome.
Some parents of children being treated with new drugs in clinical trials have said they see positive changes in behavior.
Becky Zorovic of Sharon, Mass., said that when she used to take her son Anders, who has fragile X, to the dentist, she would have to lie in the chair and hold him on top of her as he screamed.
But after Anders starting taking Seaside’s drug, arbaclofen, in a clinical trial, she said, “He sat in the chair by himself and he opened his mouth and let the dentist polish his teeth and even scrape his teeth.” Anders has also has gone to birthday parties, which he once refused to do, she said.
Still, Ms. Zorovic said that until the clinical trial comparing the drug to placebo was completed, it was difficult to say whether the effects were from the drugs or merely a result of parents’ perceptions.
The mechanism that has perhaps shown the most promise, at least in mice, is to damp signaling in the brain by blocking a receptor called mGluR5.
Novartis is considered ahead in developing such a drug. Roche is next, having entered the midstage of clinical trials. Seaside is further back but has patents covering the use of mGluR5 antagonists to treat neurodevelopmental disorders.
Under the deal, Roche will get exclusive rights to those patents from Seaside. That might provide some leverage that Roche can use against Novartis, although Dr. Santarelli said Roche had no intention of keeping a rival’s drug off the market.
Roche also gets the option to license commercial rights to Seaside’s arbaclofen. That drug, which works somewhat differently, is in late-stage testing for fragile X and in midstage testing for autism.
Roche will provide money to help Seaside complete its clinical trials of arbaclofen. Seaside will halt development of its own mGluR5 antagonist, which it licensed from Merck, and will instead receive royalties on sales of Roche’s drug.
The alliance could pose a challenge to Novartis. “This is No. 2 and No. 3 ganging up on No. 1,” said Dr. Michael Tranfaglia, medical director of the Fraxa Research Foundation, which sponsors research into treatments for fragile X syndrome.
Dr. Randall L. Carpenter, chief executive of Seaside, said the money from Roche was a needed diversification of the company’s funding. Virtually all of the $90 million Seaside has raised has come from the Barony Trust, which is run by Peter Whipp, a British investment manager.
“They would like to see new treatments,” Dr. Carpenter said, referring to Mr. Whipp and his family. “I think they carried us a long way, longer than they wanted to.”

Tuesday, June 19, 2012

ADA and Public Facilities Presented by: Richard Londono AAIA, CGC, BN






ADA and Public Facilities
Presented by: Richard Londono AAIA, CGC, BN
Thursday June 21st 2012
Time: 11:10 AM
Orlando Marriot World Center

You are all invited, contact us for more information: www.adaag-consulting.com

U.S. Access Board Releases Proposed Guidelines for Emergency Transportable Housing

U.S. Access Board Releases Proposed Guidelines for Emergency Transportable Housing
The U.S. Access Board has released for public comment accessibility guidelines for temporary housing provided by the government in emergencies and natural disasters. The proposed guidelines would supplement the Board’s Americans with Disabilities Act (ADA) Accessibility Guidelines, which cover many types of facilities, including dwelling units, by adding provisions that specifically address emergency transportable housing. It would also supplement companion guidelines the Board maintains under the Architectural Barriers Act (ABA), which applies to federally funded facilities.
Emergency transportable housing units, which are designed and manufactured for transport over roadways, have a smaller footprint than other types of housing and pose unique accessibility challenges. Access to such housing was found to be problematic in the aftermath of hurricanes Katrina and Rita. The proposed rule would revise certain provisions in the ADA and ABA guidelines to address these types of units, including requirements for ramps, floor surfaces, kitchens, showers, and bedrooms. The proposal would require additional features, such as folding seats in roll-in showers, to improve accessibility. Some changes are responsive to design constraints and would provide exceptions from certain technical criteria for elements such as entry ramps under certain conditions. Accessible communication features, including smoke alarms and weather alert systems, are also addressed.
The proposed changes are based on consensus recommendations prepared by an advisory panel organized by the Board, the Emergency Transportable Housing Advisory Committee. This committee included representatives from disability groups, industry and code groups, and government agencies, such as the Federal Emergency Management Agency (FEMA) and the Department of Housing and Urban Development (HUD).
The proposed rule includes a discussion of these requirements that highlights areas where additional information is sought. The deadline for comments on the guidelines is August 17. Comments can be submitted or viewed at www.regulations.gov. The Board will hold a public hearing on the proposed rule in Washington, D.C. on July 11 that will provide an additional forum for submitting comment and will offer a call-in option for those unable to attend in person. Additional details are posted on the Board’s website.
For further information, contact Marsha Mazz at mazz@access-board.gov, (202) 272-0020 (v), or (202) 272-0076 (TTY).
Public Hearing on the Proposed Guidelines for Emergency Transportable Housing
July 11, 9:30 – 11:30
Access Board Conference Center
1331 F Street, NW, Suite 800
Washington, DC
Call-in option (listening only):
Dial: (517) 308-9247 or (888) 469-2078 (toll-free)
Passcode: 4144
To submit comments by phone, contact Kathy Johnson in advance at johnson@access-board.gov, (202) 272-0041 (voice), or (202) 272-0065 (TTY).