Report on Disability Law articles from April 2005

Report on Disability Law archives from April 2005

For persons with disabilities.(Slants & Trends)(Brief Article)
April 1, 2005... FOR PERSONS WITH DISABILITIES, the case of Terri Schiavo involved more than living wills--it was a right-to-life issue about living with a severe disability. More than two dozen disability rights organizations supported Schiavo's right to...

Nuclear meltdown?(Slants & Trends)(Brief Article)
April 1, 2005... NUCLEAR MELTDOWN? Washington observers are predicting that an ugly debate over the "nuclear option"--to remove the ability of senators to filibuster judicial nominations--could shut down the Senate this month. Senate Majority Leader Bill Frist...

Kansas legislature moves to end guardians' total control over life.
April 1, 2005... Disability advocates in Kansas believe the state legislature is on the brink of passing guardianship reform legislation (SB 92) that will protect the lives of people with severe disabilities who do not have a living will. Current Kansas...

ED gives states NCLB flexibility; advocates see harm to students.(No Child Left Behind Act )
April 1, 2005... New guidelines for states on implementing the No Child Left Behind Act for students with severe disabilities were released April 7 amid controversy that the Education Department is backing off the law's intent to help disabled students learn....

Connecticut considering lawsuit on NCLB school testing funding.(Brief Article)
April 1, 2005... Connecticut is lining up to become the first state to file a lawsuit over school testing under the No Child Left Behind Act. State Attorney General Richard Blumenthal said he would sue the U.S. Department of Education for requiring expansion of...

SSA begins pilot study of application for low-income Rx drug subsidy.(Social Security Administration )(Brief Article)
April 1, 2005... The Social Security Administration is pilot-testing its application for low-income people who want to apply for a subsidy under Medicare's prescription drug benefit (Part D), even though SSA admits there will not be time to change the form when...

11th Circuit: 11th amendment does not overshadow ADA.(Case Law)(Association for Disabled Americans Inc.)
April 1, 2005... ADA v. Florida Intl. U., April 6, 2005 11th U.S. Circuit Court of Appeals No. 02-10360 The Association for Disabled Americans Inc. will have another chance for court review of a case involving whether the 11th Amendment prevents a...

3rd Circuit: overcoming obstacles does not negate existence of disability.(Case Law)
April 1, 2005... Emory v. AstraZeneca Pharm., March 11, 2005 3rd U.S. Circuit Court of Appeals No. 03-4751 The fact that a worker with cerebral palsy and significant impairments managed to achieve major life accomplishments does not mean he is not...

Court says Pennsylvania must integrate mentally ill residents into community.(Case Law)(Brief Article)
April 1, 2005... Pa. P&A Inc. v. Pa. Dept. Public Welfare, March 24, 2005 3rd U.S. Circuit Court of Appeals No. 03-1461 A lower court erred in finding that fiscal constraints are a sufficient reason for Pennsylvania's Department of Public Welfare...

Court finds hospital not immune from suit as a state entity.(Case Law)(Brief Article)
April 1, 2005... Takle v. University of Wisconsin Hospital, March 30, 2005 7th U.S. Circuit Court of Appeals No. 04-3097 An appeals court overturned a ruling that a former employee, a nurse, could not file a disability claim against the University...

Court debates right to jury trial in ADA disabilities lawsuit.(Case Law)
April 1, 2005... Lutz v. Glendale Union High School, April 8, 2005 9th U.S. Circuit Court of Appeals No. 03-15745 A teacher/assistant principal, Claudette Lutz, sued Glendale Union High School, claiming she was fired in violation of the Americans...

Appeals court: Medicaid waivers take precedence over ADA.(Case Law)(Brief Article)
April 1, 2005... Arc of Washington v. Braddock, March 29, 2005 9th U.S. Circuit Court of Appeals No. 03-35605 The Arc of Washington State Inc. and three developmentally disabled individuals appealed a grant of partial summary judgment against them,...

Virginia timely-notice provision cannot bar suit under Rehabilitation Act.(Case Law)(.S. v. Isle of Wight County School, March 30, 2005)(Brief Article)
April 1, 2005... J.S. v. Isle of Wight County School, March 30, 2005 4th U.S. Circuit Court of Appeals No. 03-2446 The 4th Circuit partially overturned a lower court dismissal of a special education case brought under the Individuals with...

Illinois.(State & Local News)(Brief Article)
April 1, 2005... ILLINOIS. The U.S. Department of Justice is intervening in a lawsuit filed in federal court challenging inaccessibility in Detroit's public transit system. Brought by five Detroit residents who use wheelchairs, the suit alleges violations of...

New York.(State & Local News)(Brief Article)
April 1, 2005... NEW YORK. The U.S. Department of Health and Human Services is backing efforts by New York's governor to use $1.5 billion in Section 1115 Medicaid waiver funds to shift long-term care to community-based settings and make other cost-containment...

Tennessee.(State & Local News)(U.S. Justice Department )(Brief Article)
April 1, 2005... TENNESSEE. The U.S. Justice Department has reached an agreement with 10 Memphis firms that designed and constructed five apartment complexes. The settlement resolves suits by the Memphis Center for Independent Living and DOJ alleging failure to...

Direct-care workers.(Legislative Update)(Brief Article)
April 1, 2005... DIRECT-CARE WORKERS. The Association of University Centers on Disabilities is supporting legislation by Reps. Lee Terry (R-Neb.) and Lois Capps (D-Calif.) to give states funds to increase Medicaid wages to direct-support professionals who serve...

Family medical leave.(Legislative Update)(Brief Article)
April 1, 2005... FAMILY MEDICAL LEAVE. In anticipation that the Department of Labor is drafting regulations to weaken the Family and Medical Leave Act, Rep. Eliot Engel (D-N.Y.) and 40 other members of Congress sent a March 24 letter to DOL seeking to maintain...

Visitability.(Legislative Update)(Brief Article)
April 1, 2005... VISITABILITY. With the backing of the American Association of People with Disabilities and numerous other disability organizations, Rep. Jan Schakowsky (D-Ill.) has reintroduced legislation to increase the number of federally assisted homes...

Judicial nominations.(Legislative Update)(Brief Article)
April 1, 2005... JUDICIAL NOMINATIONS. Disability organizations continue to express concern about recent judicial nominations, most notably Terrence Boyle in the 4th Circuit and William Pryor for the 11th Circuit, Andy Imparato, executive director of the...

Patient safety.(Legislative Update)(Labor & Pensions Committee)(Brief Article)
April 1, 2005... PATIENT SAFETY. The Senate Health, Education, Labor & Pensions Committee has approved S. 544 to improve patient safety. The bill would create patient safety organizations recommended by the Institute of Medicine. Similar legislation was...

IDEA hearings.(Briefly Noted)(Department of Education)(Individuals with Disabilities Education Improvement Act)(Brief Article)
April 1, 2005... IDEA HEARINGS. The Department of Education has scheduled a series of hearings to take public comments about proposed regulations to implement programs under the recently amended Individuals with Disabilities Education Improvement Act. DOE...

Mobility measures.(Briefly Noted)(Brief Article)
April 1, 2005... MOBILITY MEASURES. The Agency for Healthcare Research and Quality, Centers for Disease Control and Prevention and National Institute on Disability and Rehabilitation Research are soliciting the submission of instruments or items that measure...

Passenger vessel access.(Briefly Noted)
April 1, 2005... PASSENGER VESSEL ACCESS. The Architectural and Transportation Barriers Compliance Board has extended the public comment deadline from March 28 to July 28 on proposed accessibility guidelines for passenger vessels under the Americans with...

DD Councils.(Briefly Noted)
April 1, 2005... DD COUNCILS. The Administration for Children and Families has published FY 2005 allotments for State Developmental Disabilities Councils and Protection and Advocacy Formula Grant Programs. Contact: Catherine Wade, (202) 401-5798; or see the...

Playgrounds.(Briefly Noted)(Brief Article)
April 1, 2005... PLAYGROUNDS. The U.S. Forest Service has concluded that stabilized engineered wood fiber, commonly used for playground surfaces, can enhance accessibility while remaining soft enough to cushion falls. These surfaces provide better mobility for...

The Department of Housing and Urban Development has issued its annual notice of housing opportunities for persons with disabilities.(Funding Opportunities)
April 1, 2005... The Department of Housing and Urban Development has issued its annual notice of housing opportunities for persons with disabilities. Contact: Dorthera Yorkshire, (202) 708-0667. Persons with hearing or speech impairments may call toll-free,...

Artists with disabilities.(Funding Opportunities)
April 1, 2005... VSA arts, an international nonprofit organization, seeks young artists with disabilities to exhibit their work. There will be $60,000 in cash awards. Applications are due July 15, 2005. Contact: (800) 933-8721, ext. 3877, or go to:...

Children with disabilities.(Funding Opportunities)
April 1, 2005... The Department of Education seeks applications from institutions of higher education to prepare personnel to improve services and results for children with disabilities. It has $15 million available. Applications are due May 9, 2005. Contact:...

New Freedom.(Funding Opportunities)
April 1, 2005... * The Department of Labor's Office of Disability Employment Policy seeks applications for the New Freedom Initiative Award. Nominations are due May 27, 2005. Contact: Dina Dorich, dorich.dina@dol.gov; or see the Feb. 10 Federal Register, p....

Technology and Media Services.(Funding Opportunities)
April 1, 2005... * The Department of Education seeks applications for Technology and Media Services for Individuals with Disabilities-Steppingstones of Technology Innovation for Students with Disabilities. It has $3 million for 12 awards. Applicants include...

Social security.
April 1, 2005... SOCIAL SECURITY. The Consortium for Citizens with Disabilities has a new series of fact sheets on Social Security. Go to www.c-cd. org/FactSheets/index.htm.