Report on Disability Law articles from March 2005

Report on Disability Law archives from March 2005

Not so fast.(SLANTS & TRENDS)(Medicaid and Social Security reforms)(Brief Article)
March 1, 2005... NOT SO FAST. Fears that Medicaid and Social Security reforms would roar through Congress early this year are easing a bit as it becomes apparent that both will face a lot of opposition and debate. Earlier this month, the Bush administration...

Lower courts.(SLANTS & TRENDS)(capital punishment for mentally retarded offenders)(Brief Article)
March 1, 2005... LOWER COURTS will now have an easier time deciding which youthful offenders are protected from capital punishment because they are mentally retarded. The Supreme Court now says all juveniles who committed their crimes before age 18 are exempt...

Which states have.(SLANTS & TRENDS)
March 1, 2005... WHICH STATES HAVE the largest stake in Social Security reform from the standpoint of their citizens with disabilities? A new study from the Economic Policy Institute shows the states with the greatest share (20-25 percent) of Social Security...

Advocates await applicability of ADA to foreign-flagged cruise ships.(Americans with Disabilities Act)
March 1, 2005... The U.S. Supreme Court will rule by July on whether the Americans with Disabilities Act applies to foreign-flag cruise lines operating in U.S. waters. During oral arguments on Feb. 28, it was not clear which way the court will come down...

Supreme Court watch.(disabled services)(Brief Article)
March 1, 2005... The U.S. Supreme Court has made the following determinations on pending cases: Review Granted Gonzales v. Oregon, No. 04-623 Appeal from 9th Circuit Issue: Challenge to Oregon's Death with Dignity Act, which permits...

Administration objects to NCSL call for reforms to 'No Child Left Behind'.(National Conference of State Legislatures)
March 1, 2005... Congress and the administration need to give states more flexibility to meet the lofty goals of the No Child Left Behind Act (NCLB), a bipartisan task force of the National Conference of State Legislatures (NCSL) has recommended. States are...

NCSL recommendations.(National Conference of State Legislatures)
March 1, 2005... The NCSL task force said that the NCLB law fails to recognize special challenges that face some schools, such as adequately teaching students with disabilities and English-language learners. The law also needs to recognize the differences among...

Qualified teacher.(special education teachers)(Brief Article)
March 1, 2005... QUALIFIED TEACHER. The National Association of State Directors of Special Education has a new flow chart to determine what constitutes a highly qualified special education teacher under IDEA. See: www.nasdse.org/docs/IDEA%20...

Autism stats.(Brief Article)
March 1, 2005... AUTISM STATS. The number of children ages 6 through 21 diagnosed with autism receiving IDEA services has increased by more than 500 percent in the last decade, the Government Accountability Office said in a recent presentation to Rep. Dan...

New study finds health risk in new Medicare drug benefit.(cerebral palsy and epilepsy medications affected by rules)(Brief Article)
March 1, 2005... People with cerebral palsy or similar disorders taking prescription benzodiazepines to control muscle spasms, or those with epilepsy taking Phenobarbital, are among those most likely to be affected when certain Medicaid beneficiaries are...

Court allows amended complaint in suit against Philadelphia transit.(Disabled in Action of Pennsylvania case)
March 1, 2005... The U.S. District Court for Eastern Pennsylvania has granted Disabled in Action of Pennsylvania (DIA) the go-ahead to file a fourth amended complaint against the Southeastern Pennsylvania Transportation Authority (SEPTA). The suit, filed...

Lower court directed to re-examine issues for HIV-positive job applicants.(Leonel v. American Airlines Inc., March 4, 2005 9th U.S. Circuit Court of Appeals Nos. 03-15890, No. 03-15893, No. 03-15897)
March 1, 2005... Leonel v. American Airlines Inc., March 4, 2005 9th U.S. Circuit Court of Appeals Nos. 03-15890, No. 03-15893, No. 03-15897 The 9th Circuit has reversed a summary judgment for American Airlines in a case involving HIV-positive job...

4th circuit reverses ruling in special education case.(School Bd. of Henrico County v. Z.P., Feb. 11, )
March 1, 2005... School Bd. of Henrico County v. Z.P., Feb. 11, 2005 4th U.S. Circuit Court of Appeals No. 03-2338 The 4th Circuit has reversed and remanded for reconsideration a lower court ruling involving placement of a child with severe autism in a...

Court finds no bias in arrest of wheelchair user in the street.(Dillery v. City of Sandusky, Feb. 18, 2005 6th U.S. Circuit Court of Appeals Nos. 03-3465, 03-3466, 04-3314)(Brief Article)
March 1, 2005... Dillery v. City of Sandusky, Feb. 18, 2005 6th U.S. Circuit Court of Appeals Nos. 03-3465, 03-3466, 04-3314 The appeals court affirmed a ruling from the U.S. District Court for the Northern District of Ohio that the City of Sandusky did not...

Appeals court finds truck driver is not a qualified disabled person.(Brief Article)
March 1, 2005... Kupstas v. City of Greenwood, Feb. 15, 2005 7th U.S. Circuit Court of Appeals No. 04-2081 The 7th Circuit upheld an appeal from the U.S. District Court for the Southern District of Indiana, which had granted summary judgment for the City...

Lower court asked to reconsider post-polio syndrome disability.(Abram v. Cargill Inc., Jan. 24, 2005 8th U.S. Circuit Court of Appeals No. 03-3740, 395 F.3d 882)(Brief Article)
March 1, 2005... Abram v. Cargill Inc., Jan. 24, 2005 8th U.S. Circuit Court of Appeals No. 03-3740, 395 F.3d 882 The appeals court reversed a lower court decision in a case involving a worker's application for long-term disability benefits. The employee,...

Job training.(Legislative Update)(Brief Article)
March 1, 2005... JOB TRAINING. The House approved H.R. 27, the Job Training Improvement Act, to reauthorize the Vocational Rehabilitation Act and Workforce Investment Act (WIA), on a vote of 224 to 220 on March 2. Republicans say the bill includes provisions to...

Money follows the person.(Legislative Update)(Brief Article)
March 1, 2005... MONEY FOLLOWS THE PERSON. Sen. Tom Harkin (D-Iowa) has introduced the Money Follows the Person Act (S. 528) to support communitybased services for individuals with disabilities. The bill would reimburse states for community-based services for...

Class actions.(Legislative Update)(Brief Article)
March 1, 2005... CLASS ACTIONS. Sen. Tom Harkin (D-Iowa) and advocates for persons with disabilities are concerned that class action lawsuit reforms (S. 5) recently signed into law by President Bush will limit consumer rights. In a victory for businesses,...

Transit funding.(Legislative Update)(Brief Article)
March 1, 2005... TRANSIT FUNDING. This year's version of legislation (H.R. 3) to reauthorize transit and highway programs--known as TEA LU--is off and running with House passage of the Transportation Equity Act: A Legacy for Users, introduced by Chairman Don...

Medicaid commission.(Legislative Update)
March 1, 2005... MEDICAID COMMISSION. The chances of a commission being appointed to study Medicaid reform increased last month when Rep. Heather Wilson (R-N.M.) introduced a House version of legislation to create a bipartisan commission (H.R. 985, S. 338)...

Child custody.(Legislative Update)(Brief Article)
March 1, 2005... CHILD CUSTODY. Sen. Susan Collins (R-Maine) and several cosponsors have re-introduced the Keeping Families Together Act (S. 380) to address issues that force many families to relinquish custody of children with mental or emotional disorders so...

Outdoor recreation.(Briefly Noted)(Brief Article)
March 1, 2005... OUTDOOR RECREATION. The U.S. Forest Service seeks comments on two proposed interim directives to guide its employees on compliance with draft Outdoor Recreation Accessibility Guidelines and with Trail Accessibility Guidelines. The goal is to...

Autism speaks.(Briefly Noted)(Brief Article)
March 1, 2005... AUTISM SPEAKS. A new organization to raise funds to facilitate research on autism, Autism Speaks, was launched in February. It plans to create a network of academic centers and autism treatment programs to collaborate in the development of...

Emergency broadcasts.(Briefly Noted)(emergency warnings for deaf persons)(Brief Article)
March 1, 2005... EMERGENCY BROADCASTS. The Federal Communications Commission is seeking a total of $65,000 in fines against three California television stations for failure to inform persons who are deaf or hard of hearing about a wildfire emergency in Southern...

Clothing.(Briefly Noted)(value of clothing gifts for Supplemental Security Income)(Brief Article)
March 1, 2005... CLOTHING. The Social Security Administration has revised its rules to exclude the value of gifts of clothing when determining income and support for a Supplemental Security Income recipient. It has eliminated the dollar value limit for the...

Gainful work.(Briefly Noted)(Disability Insurance rules)(Brief Article)
March 1, 2005... GAINFUL WORK. The Social Security Administration has a new ruling (SSR 05-02) clarifying that failed attempts to work ("unsuccessful work attempt" or UWA) for less than six months will not make a Disability Insurance (DI) recipient considered...

Housing bias.(Briefly Noted)(Quality Built Inc. discrimination case)(Brief Article)
March 1, 2005... HOUSING BIAS. The Department of Justice has reached agreement with William E. Dansey, Jr. and Quality Built Inc., the developers of the Breezewood Condominiums and Hyde Park Apartments in Greenville, N.C., to settle a federal lawsuit alleging...

Idea compliance.(Briefly Noted)
March 1, 2005... IDEA COMPLIANCE. The Education Department has entered into a compliance agreement with the Arizona Department of Economic Security under Part C (early intervention for infants and toddlers) of the Individuals with Disabilities Education Act....

The Department of Education seeks applications for the following children's projects.(Funding Opportunities)
March 1, 2005... * The Department of Education seeks applications for the following children's projects. Applicants are state and local educational agencies, institutions of higher education, other public agencies, private nonprofit organizations, for-profit...

Employment study.(Funding Opportunities)
March 1, 2005... The National Council on Disability seeks applicants for an employment study that will review both public and private policies and initiatives aimed at improving the employment of people with disabilities. Reponses are due March 22, 2005....

Benefits planning.(Funding Opportunities)(Brief Article)
March 1, 2005... The Social Security Administration asks existing Benefits Planning, Assistance and Outreach grantees to reapply for three-month cooperative agreements to continue benefits planning, assistance and outreach program for persons with disabilities,...

Engaged in service.(Funding Opportunities)(Brief Article)
March 1, 2005... The U.S. Corporation for National and Community Service (CNS) seeks applications for Engaging Persons with Disabilities in National and Community Service. The awards will fund innovative national or regional partnership models in which persons...

Vocational rehabilitation counselling.(Funding Opportunities)(Brief Article)
March 1, 2005... The Department of Education's Office of Special Education and Rehabilitative Services invites applications for vocational rehabilitation counseling. The Rehabilitation Long-Term Training program provides financial assistance for 1) projects...

American Indians with disabilities.(Funding Opportunities)
March 1, 2005... The Education Department's Office of Special Education and Rehabilitative Services seeks applications for vocational rehabilitation service projects for American Indians with disabilities who live on or near reservations. The goal is to prepare...