Report on Disability Law articles from August 2005

Report on Disability Law archives from August 2005

Wasting no time.(SLANTS & TRENDS)(Brief Article)
August 1, 2005... WASTING NO TIME, the Senate Judiciary Committee has set Sept. 6 for confirmation hearings on the nomination of John Roberts to the Supreme Court. While Roberts' conservative views do not meet the expectations of many in the disability...

Mark your calendar.(SLANTS & TRENDS)(Brief Article)
August 1, 2005... MARK YOUR CALENDAR. The U.S. Supreme Court on Oct. 5 will hear arguments on two cases important to the disability community. One is a special education suit, Schaffer v. Weast, that will examine who bears the burden of proof for determining the...

DOL emergency guidelines protect federal workers with disabilities.(Department of Labor)
August 1, 2005... The Department of Labor has just released its "template of emergency preparedness guidelines" for federal agencies to integrate the needs of workers with disabilities into emergency planning. Some of the guidelines are already in place at many...

U.S. surgeon general calls for action on disability.(Brief Article)
August 1, 2005... U.S. Surgeon General Richard Carmona is calling for action to improve the health and wellness of persons with disabilities. "This Call to Action is a call to caring. Every life has value and every person has promise," Carmona said. ...

Education progress.
August 1, 2005... EDUCATION PROGRESS. The Department of Education reports progress in the education of students with disabilities. Based on the National Longitudinal Transition Study-2, it says these students "have made significant progress in their transition...

Congress likely to give IDEA $100 million increase in FY06.(Individuals with Disabilities Education Act)
August 1, 2005... The state grant program under the Individuals with Disabilities Education Act is likely to receive a $100 million increase next year above the current funding level of $10.59 million. The Senate Appropriations Committee recommended $10.69...

HUD study confirms discrimination by rental units against disabled.(United States. Department of Housing and Urban Development )(Brief Article)
August 1, 2005... The U.S. Department of Housing and Urban Development plans to use a new study--focusing on rental housing discrimination against people with disabilities--to educate consumers and landords on their rights. It also plans to provide fair...

Appropriations for disabilities programs.
August 1, 2005... Appropriations for Disabilities Programs (in millions) FY05 FY06 Request Children's Services 21st Century Comm....

Census data show link between disability and household income.
August 1, 2005... A new report from the U.S. Census Bureau shows having a family member with a disability often means having a lower household income. Families with members with a disability had a median income of $39,155, which is below the overall family...

ADA Watch, disability coalition oppose nomination of Roberts to high court.(Americans with Disabilities Act)
August 1, 2005... Despite the fact that Supreme Court nominee John Roberts, Jr. has served as a federal judge for less than two years, ADA Watch, National Coalition for Disability Rights and several other disabilities organizations have found enough in his...

Supreme Court watch.
August 1, 2005... The U.S. Supreme Court has set dates for oral arguments on the following cases. Schaffer v. Weast, No. 04-698 Appeal from the 4th Circuit Issue: Individuals with Disabilities Education Act. The Supreme Court has set Oct. 5 as the...

D.C. appeals court refuses to hear firefighter disability pay lawsuit.(Case Law)(Brief Article)
August 1, 2005... Fornaro v. Coles, OPM, July 26, 2005 D.C. Circuit Court of Appeals N o. 04-5297 In a decision written by President Bush's Supreme Court nominee, John Roberts, the U.S. Court of Appeals for the District of Columbia Circuit has...

Written arbitration agreement does not require signature.(Case Law)(Brief Article)
August 1, 2005... Marino v. Dillard's Inc., June 21, 2005 5th U.S. Circuit Court of Appeals No. 04-30911 A written agreement to resolve employment discrimination disputes via arbitration does not have to be signed by a worker to be in effect, the...

Employee who needed oxygen was viewed as being disabled.(Case Law)(Brief Article)
August 1, 2005... Kelly v. Metallics West Inc., June 7, 2005 10th U.S. Circuit Court of Appeals No. 04-1051 The 10th Circuit has held that an employee--who was fired because she needed to have supplemental oxygen at work due to lung disease--is...

9th Circuit finds depressed worker can describe his own disability.(Head v. Glacier Northwest, Inc.)
August 1, 2005... Head v. Glacier Northwest Inc., July 6, 2005 9th U.S. Circuit Court of Appeals No. 03-35567 The U.S. District Court for Oregon must reconsider its decision in a case brought by a terminated worker who presented his own testimony...

10th Circuit remands ALJ decision on social security disability claim.(administrative law judge)(Carson v. Barnhart)
August 1, 2005... Carson v. Barnhart, July 5, 2005 10th U.S. Circuit Court of Appeals No. 04-7029 The 10th Circuit has remanded a case to the U.S. District Court for Eastern Oklahoma to reconsider a rejected disability claim. It directed the lower...

Uncontrolled diabetes is safety risk; failure to hire does not violate ADA.(Case Law)(Brief Article)
August 1, 2005... Darnell v. Thermafiber Inc., July 29, 2005 7th U.S. Circuit Court of Appeals No. 04-2170 The 7th Circuit has affirmed a lower court ruling in a case involving a job applicant who refused to control his diabetes. The employer...

Court upholds hearing officer's ruling in IDEA transportation assistant case.(Case Law)
August 1, 2005... District of Columbia v. Ramirez, July 1, 2005 U.S. District Court for the District of Columbia No. 04-0775 A district court upheld the ruling of a District of Columbia public school hearing officer that the school system must...

Federal Communications Commission moves to improve video relay service.
August 1, 2005... The Federal Communications Commission has established mandatory speed-of-answer requirements for VRS (video relay service), required VRS to be offered 24/7 and permitted VRS providers to be compensated for providing VRS Mail. The FCC also has...

California.(State & Local News)(270 parks planning)(Brief Article)
August 1, 2005... CALIFORNIA. The state has announced plans to make more than 270 parks more accessible to settle two combined class action lawsuits (Tucker et al. v. State of California Department of Parks and Recreation, No. C 98-04935 CRB). The plaintiffs...

California. The Disability Rights Education and Defense Fund Inc. has asked the Department of Education to consider the "unlawful failure of the California Department of Education to investigate two third-party complaints on behalf of students with type 1 diabetes in the San Ramon Valley Unified School District.".(State & Local News)(Brief Article)
August 1, 2005... CALIFORNIA. The Disability Rights Education and Defense Fund Inc. has asked the Department of Education to consider the "unlawful failure of the California Department of Education to investigate two third-party complaints on behalf of students...

Florida.(State & Local News)(Brief Article)
August 1, 2005... FLORIDA. Publix Super Markets Inc. has agreed to settle a 1998 class action suit brought by persons with disabilities who claimed a half dozen stores in Miami-Dade County were inaccessible. Publix agreed to pay up to $160,000 in attorney fees,...

Nevada.(State & Local News)(Brief Article)
August 1, 2005... NEVADA. The Justice Department has reached a settlement agreement with three developers, architects, and engineers in Reno, Nev., resolving a lawsuit that alleged disability-related housing discrimination. According to the government's...

NCLB research.(Briefly Noted)(No Child Left Behind Act)(Brief Article)
August 1, 2005... NCLB RESEARCH. While most students with disabilities participate in statewide assessments as required by the No Child Left Behind Act, the inclusion options need improvement, the Government Accountability Office concluded last month. The...

Disability research.(Briefly Noted)(Office of Special Education and Rehabilitative Services )(Brief Article)
August 1, 2005... DISABILITY RESEARCH. The Office of Special Education and Rehabilitative Services is seeking comments on its long-range plan for the National Institute on Disability and Rehabilitation Research. It emphasizes five areas for expanded research:...

Medicaid Commission.(Briefly Noted)(Brief Article)
August 1, 2005... MEDICAID COMMISSION. Voting members of the new Medicaid Commission include Gwen Gillenwater, director for advocacy and public policy at the National Council on Independent Living, and Troy Justesen, deputy assistant secretary for special...

ADA.(Briefly Noted)(Americans with Disabilities awarded $450,000 )(Brief Article)
August 1, 2005... ADA. The National Council on Disability has made a $450,000 award to the Disability Rights Education & Defense Fund, Berkeley, Calif., for an Americans with Disabilities Act implementation project. Contact: Mark Quigley, NCD, (202) 272-004, 2...

Cancer disability.(Briefly Noted)(Brief Article)
August 1, 2005... CANCER DISABILITY. The U.S. Equal Employment Opportunity Commission has a fact sheet on the applicability of the Americans with Disabilities Act to employees and applicants with cancer. Contact: www.eeoc.gov/facts/cancer.html.

Protection and Advocacy Program.(Funding Opportunities)
August 1, 2005... The Social Security Administration offers grant funds to continue current Protection and Advocacy Program projects for 12 months. Deadline Aug. 31. Contact: Gary Stammer, (410) 965-9501, gary.stammer@ssa.gov.

Leadership Award.(Funding Opportunities)
August 1, 2005... The American Association of People with Disabilities seeks applicants for the 2006 Paul G. Hearne/AAPD Leadership Award. Deadline Sept. 9. Contact: (202) 457-0046, aapdhearne@aol.com, www.aapd.com.

Progress Report.(Funding Opportunities)
August 1, 2005... The National Council on Disability seeks a contractor to develop National Disability Policy: A Progress Report. Deadline Sept. 26. Contact: Martin Gould, (202) 272-2004, TTY: (202) 272-2074; gould@ncd.govm.

The National Institute on Disability and Rehabilitation Research seeks applications for: 1) research, demonstration projects, training and related activities under the Rehabilitation Act.(Funding Opportunities)
August 1, 2005... The National Institute on Disability and Rehabilitation Research seeks applications for: 1) research, demonstration projects, training and related activities under the Rehabilitation Act. Deadline Sept. 13. 2) Rehabilitation Research and...

The Education Department's Office of Special Education and Rehabilitative Services seeks applications for: 1) Regional Interpreter Education Centers for training interpreters for individuals who are deaf or hard of hearing.(Funding Opportunities)
August 1, 2005... The Education Department's Office of Special Education and Rehabilitative Services seeks applications for: 1) Regional Interpreter Education Centers for training interpreters for individuals who are deaf or hard of hearing. Deadline Sept. 2....